Have you found the land that fits your criteria? If so, the next step would be making the land purchase. Before starting your transaction to process the land purchase, make sure you have verified the legality of the land you’re about to own to keep yourself safe from certificate fraud.
Unfortunately, not everyone understands how to conduct the transaction to prevent fake certificate fraud safely. Therefore, Emporio Architect will share a few tips on how to make a land purchase. These are the things that need to be bottom-lined regarding the verification of land legality.
1. Validate the originality of the land ownership certificate.
If you’re hiring council services to visit National Land Agency and submitting all sorts of documents, then you can validate the originality of the land ownership. You can also use App that’s specially made to validate land ownership certificates and the land legality that has been claimed.
2. Check the owner’s status.
Conducting a thorough check on the land’s owner is mandatory to avoid yourself from getting involved with never-ending land disputes. If the land’s owner has a marital status, ensure that the transaction is accompanied and agreed upon by the spouse. If the spouse of the land’s owner is deceased, the death certificate also needs to be documented. If the land’s owner is divorced, ensure that the determination letter and assets inventory from the court has stated that the land belongs to the person you’re in business with. If the land’s owner is more than one person (multiple heirs), ensure that the land selling has been agreed upon by all parties involved. In conclusion, the land purchaser needs to take notice of the constitution that regulates the buy-sell of land and heirs property and make sure that everything is legal and approved by law to avoid future disputes.
3. Ensure the land’s detail.
Doing a thorough check on the land’s detail is also equally important. Make sure to match every bit of information and the land certificate with its location, shape, size, directive points, boundaries, ownership, building Building Base Coefficient, and other related information to ensure every detail is clear and flowing both ways. Don’t trap yourself in purchasing land that can’t be built. Every detail needs to be validated clearly!
After those thorough legality checks have been conducted and you have chosen, compared and found the perfect land that fits your criteria, the next thing to do is make the purchase and validation processes. Here’s how to correctly make the purchase and conduct the legal transaction based on Indonesian’s land constitution law (Countries and regional regulations may vary).
1. Prepare every necessary documents
Before conducting land transactions, both parties need to prepare all the necessary documents. The purchaser needs to have a government ID and Family Identity Card, while the land seller needs to prepare an original land ownership certificate of the same land that is sold, ID, Earth Tax Receipts, Land Sale and Purchase Agreement, and Family Identity Card.
2. Visiting the National Land Agency and creating a Land Ownership Certificate
After everything is set and done, the land’s owner and yourself need to visit your local National Land Agency together and bring all the necessary documents in order to create the Land Sale and Purchase Certificate.
3. Creating the Land Sale and Purchase Certificate.
In order to legalize the purchase transaction according to the law, your local Land Registry will need to validate the authenticity of the Land Ownership Certificate to the National Land Agency’s office in accordance with your local regulations and constitution. Then, the landowner must pay the Income Tax if the selling price of the land exceeds the minimum land fees that are applied in accordance with your local law to the designated Bank. After that, the land purchaser and seller will have to sign a statement.
In order for the Land and Sale Purchase Certificate to be made, the landowner and the prospective land buyer need to be present at the Land Registry office with at least two witnesses. The prospective land buyer may be represented by a person who has power of attorney and holds written power of attorney. Next, the Land Registry will read and explain the contents of the land sale and purchase deeds. If the contents of the deeds are approved by both parties, it needs to be signed by the landowner, the prospective land buyer, witnesses and the Land Registry. Shortly after, the Land and Sale Purchase Certificate will be declared valid, where an original document will be kept at the Land Registry office, while another original document will be submitted to the National Land Agency’s office for name transfer registration. The land seller and the purchaser will also receive a copy of the original Land and Sale Purchase Certificate.
4. Legalize it immediately
Once the Land and Sale Purchase Certificate is created, the Land Registry will have to submit several documents to the National Land Agency’s office for the necessity of creating a name transfer certificate no later than seven days after the land certificate has been signed. The documents that will be submitted to the National Land Agency, including name transfer registration that has been signed by the purchaser, Land and Sale Purchase Certificate from the Land Registry, Certificate Takeover of Land Ownership, ID of the purchaser and seller, Tax Income Receipts, and Land and building’s Customs Fee Receipts.
Once the documents have been submitted to the National Land Agency’s office, the National Land Agency will give a receipt of the name transfer submission to the Land Registry, which will be handed to the purchaser. Then, the new name holder of the land (purchaser) will be put on the Land and Sale Purchase Certificate with a new date and signed by the head of the National Land Agency. In the course of 14 days, the purchaser can take home the Land and Sale Purchase Certificate under a new name at the National Land Agency’s office.
Those are all the necessary tips to make a valid and legal land purchase. Once you’ve read the article, you’ll be even more confident and ready to make the purchase. If you have purchased the land and are ready to start building, the next step would be preparing the land and planning the house by hiring an experienced architecture firm like Emporio Architect to collaborate and make your dream house come to a realization.
If you have any questions, please consult with us.