Apartment Deed Template for Indonesia

An Apartment Deed is a legally binding document that formally transfers ownership of apartment units in Indonesia. Under Indonesian law, specifically Law No. 20 of 2011 on Apartments, this document is mandatory for all apartment sales and purchases, ensuring compliance with strata title regulations and protecting the rights of all parties involved in the transaction.

When do you need this document?

You need an Apartment Deed whenever you're buying or selling an apartment unit in Indonesia. This includes transactions involving new apartment units from property developers, resale units between private parties, and inheritance transfers where apartment ownership changes hands. Foreign buyers purchasing apartments in designated zones also require this deed, though additional restrictions apply under Indonesian foreign ownership laws. The document is also necessary when transferring apartment ownership as part of business restructuring or corporate asset transfers.

Key legal considerations

Several critical legal elements must be included in your Apartment Deed to ensure validity. The document must clearly identify all parties with complete legal names, Indonesian ID numbers (KTP) or passport details, and current addresses. Property specifications require precise details including unit number, floor level, built-up area, and strata title certificate number. Payment terms must specify the total purchase price, payment schedule, and any conditional clauses. The deed must also address common property rights, building management obligations, and compliance with apartment owner association rules. Risk considerations include ensuring clear title verification, confirming all building permits are valid, and verifying that maintenance fees and taxes are current before completing the transfer.

Legal requirements in Indonesia

Indonesian law mandates specific procedural requirements for Apartment Deeds. The document must be prepared and signed before a licensed Indonesian Notary Public (Pejabat Pembuat Akta Tanah) who verifies the identities of all parties and ensures legal compliance. Under Law No. 20 of 2011, the deed must include detailed property descriptions matching the strata title certificate, clear ownership transfer clauses, and acknowledgment of common area rights and responsibilities. The transaction must be registered with the local Land Office (Badan Pertanahan Nasional) within 30 days of signing to complete the legal transfer process. Additional requirements include payment of transfer taxes (BPHTB), notary fees, and registration costs as specified in Government Regulation No. 103 of 2015. For foreign buyers, compliance with Presidential Regulation No. 18 of 2020 regarding foreign ownership restrictions is mandatory.