Bali sits a three-and-a-half-hour flight from Perth. Phuket is an overnight hop from most east-coast capitals. For many Australians, the holiday they took last year turns into a search query this year: can I buy a place here? The short answer is yes, in both countries, but what you can own differs from anything you would recognise at home. Neither Indonesia nor Thailand lets you buy land in your own name. Both offer workable structures, and both have punished buyers who skipped the reading.
This guide sets out how the rules work for an Australian buyer in 2026, where the two countries differ, and which obligations follow you back to Australia once you sign. It is commentary drawn from public sources. It is not legal, tax or financial advice, and you should test every point here with independent professionals in both countries.
Do Australians Need Permission From Australia to Buy Overseas?
No Australian government approval applies when you buy property abroad. FIRB rules govern foreigners buying in Australia, not Australians buying elsewhere. Your Australian obligations sit on the money and tax side. Your bank reports international funds transfers to AUSTRAC as a matter of course, you must declare cash of AUD 10,000 or more if you carry it out of the country, and the ATO expects you to report rental income and capital gains from the property for as long as you remain an Australian tax resident. Our companion guide on Australian tax on overseas property covers that side in detail.
The approval that matters comes from the country you buy in. That means its land office, its notary system and, in Indonesia, its immigration rules.
What Australians Can Own in Thailand
Freehold condominiums
Thailand offers the cleanest ownership path in the region. A foreigner can hold a condominium unit in freehold, with a chanote title in their own name, provided foreign owners hold no more than 49% of the building's saleable floor area. You can sell the unit, leave it in a will, or rent it out on long-term leases. Ask the developer or the building's juristic person for written confirmation of the remaining foreign quota before you pay a deposit, because popular buildings in Phuket and Bangkok fill their quota.
The funds rule trips up Australians more than any other. To register a freehold condo in a foreigner's name, the purchase money must arrive in Thailand from overseas in foreign currency. Your Thai bank converts it and issues documentation, such as a Foreign Exchange Transaction (FET) form, which the Land Office requires at transfer. Sending baht from a Thai account, or splitting payments through a friend, can leave you unable to register. Our guide to funding an overseas property from Australia walks through the transfer process.
Villas and land: registered leasehold
Foreigners cannot own land in Thailand. For a villa or house, the standard structure is a 30-year lease registered at the Land Office, often marketed as "30+30+30". Thai courts have treated renewal promises as contractual rather than guaranteed, so the second and third terms depend on the lessor and on how your lawyer drafted the lease. Some buyers own the building itself through a separate superficies right. Treat any offer of a Thai company structure to hold land with caution. Thai authorities have targeted nominee shareholders in recent years.
Thai costs at a glance
The standard transfer fee is 2% of the Land Office appraised value, usually split by agreement. Sellers pay Specific Business Tax of 3.3% if they sell within five years, or stamp duty of 0.5% if they held longer, plus withholding tax. Thailand extended its reduced 0.01% transfer and mortgage fee to 30 June 2027, but the scheme targets Thai buyers and properties up to THB 7 million, so most foreign resort purchases fall outside it. Check eligibility with your lawyer rather than assuming you qualify.
What Australians Can Own in Indonesia
Indonesia does not allow foreigners to hold freehold land (Hak Milik) under any structure. Three routes remain, and each suits a different buyer.
Hak Pakai (Right to Use)
Hak Pakai gives a foreigner who holds a valid Indonesian stay permit a registered right over a house or apartment. The initial term runs up to 30 years, with extension and renewal pushing total tenure to as much as 80 years. You need residency, such as a KITAS or Second Home Visa, and the property must exceed minimum price thresholds set by region and property type. In Bali these thresholds run into the billions of rupiah, and the government revises them, so ask your notary (PPAT) for the current figure. Several Bali practitioners point out that Hak Pakai suits a home you live in, not a commercial short-stay rental business.
Hak Sewa (leasehold)
Most Australians buying a Bali villa buy a leasehold. Terms of 25 to 30 years are common, sometimes with extension options. You need no residency, and you can hold more than one. Value tracks the remaining term, so a villa with 18 years left is worth less than the same villa with 28 years left, and resale buyers will price that in. Have your notary register the lease and check the underlying owner's certificate, zoning and building approval before you pay.
PT PMA (foreign-owned company)
Investors running a rental business often set up a PT PMA, a foreign-owned Indonesian company that can hold Hak Guna Bangunan (right to build) title. It carries a minimum investment commitment of IDR 10 billion, capital requirements the government revised in 2025, an Indonesian business licence with the correct activity codes, and annual reporting. It suits a serious investor with a business plan, not a family wanting a holiday house.
Some agents still suggest putting land in an Indonesian friend's or partner's name with a side agreement. Indonesian law treats these arrangements as void. If the nominee dies, divorces, falls into debt or sells, the foreign buyer usually has no enforceable claim. Walk away from any deal that depends on one.
Indonesian costs and rules in 2026
Buyers pay BPHTB transfer duty of 5% on the higher of the price or the government's assessed value, plus notary fees. New property from a developer attracts VAT, and owners pay annual land and building tax (PBB). Bali has tightened rules on short-term rentals: villas listed on booking platforms need correct licensing through Indonesia's OSS system, and the provincial and regency governments have restricted new tourism accommodation in parts of the island. If rental income forms part of your plan, confirm the property's zoning and licence status before anything else. Our Indonesia ownership guide goes deeper on each title type.
Thailand and Indonesia Side by Side
| Thailand | Indonesia | |
|---|---|---|
| Freehold for foreigners | Condo units, within 49% quota | No |
| Villa / landed home | 30-year registered lease | Hak Sewa lease, or Hak Pakai with residency |
| Residency needed to buy | No | Only for Hak Pakai |
| Key funds rule | Foreign currency remittance with FET for freehold condo | Pay via notary or verified developer accounts |
| Main transfer cost | 2% transfer fee (often shared) | 5% BPHTB plus VAT on new builds |
| Short-stay rental | Hotel Act licensing applies to stays under 30 days | OSS licensing and local zoning apply |
Does Buying Property Give You a Visa?
In Thailand, no. Property ownership and residency run on separate tracks. Australians who want long stays look at the Destination Thailand Visa, the retirement visas, the Thailand Privilege membership or the Long-Term Resident visa, each with its own income or asset tests. Our LTR visa guide covers the high-net-worth route.
In Indonesia, property can help. The Second Home Visa, valid for five or ten years, accepts proof of funds of around IDR 2 billion, and applicants can satisfy it with property of that value in some cases. A Second Home Visa or KITAS also unlocks Hak Pakai. See our guide to Indonesia's Second Home and Golden Visas.
A Sensible Order of Steps
Family holidays, rental income, a future retirement base or a mix. The answer decides the country, the structure and whether licensing matters.
Structure, funding and the 2026 tax reforms affect what the purchase costs you after tax. Fixing it later costs more.
Source them yourself, not through the developer or agent. Ask them to check title, zoning, permits and the seller's authority to sell.
Document every transfer. Pay into notary, escrow or verified developer accounts. Never pay a personal account on someone's say-so.
You own nothing until the land office registers it. Then make sure your estate plan covers an asset in another country.
Where Kinnara Fits
Kinnara Asia lists properties across Thailand and Indonesia on the Kinnara listings platform. Our Concierge team can introduce Australian buyers to independent lawyers, notaries and tax practitioners in each market. We do not give legal, tax or financial advice, and we encourage every buyer to take that advice from licensed professionals before committing funds.
Australians buy in Bali and Thailand every year. The ones who end up happy read the title, met their own lawyer, and knew how the ATO would treat the asset before they transferred a dollar. Which of those three have you already done?
About Kinnara Asia
Kinnara Asia is a Southeast Asia property marketing and services platform connecting international buyers, investors, and developers across Thailand, Indonesia, the Philippines, Vietnam, Malaysia, and the broader Asia-Pacific region.
The platform offers verified listings, cross-border transaction support, and introductions to independent local legal and compliance professionals.