Bali Considering Changing Ancient Law To Enable More Tourist Development 

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Bali is a land that has been governed, for centuries, by the principles of Tri Hita Karana. This Balinese Hindu philosophy holds the value that there must be harmony between people, planet, and the spiritual realms.

This philosophy has a series of underlying principles to help achieve this harmony. Some of these are spiritual practices, and others are intensely practical, like the rule which states that no building should be taller than the height of a coconut tree.

In more easily definable terms, coconut tree height rule, which has been honoured as a customary law and in provincial government policy for centuries, means that no building in the province of Bali can surpass 15m in height.

While some exceptions have been made over the years, it is a principle that has long been respected. There is now a growing discussion with policymakers in Bali, around whether there should be changes made to the law to allow for buildings to be constructed beyond the 15m limit. 

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Speaking to reporters, Made Suparta, the Chairman of the Bali Regional People’s Representative Council’s Special Committee on Planning, Assets and Licensing (DPRD TRAP), is backing the creation of a policy called ‘Value-Based Special (Differential) Height Zoning’ as a means to tackle the growing pressures on development and land constraints. 

Suparta explained to reporters that the new policy is not intended to outrightly abolish old regulations but to provide a strict set of exceptions. He explained, “The basic principles of restrictions remain in place, especially in sacred areas and core culture areas. However, in certain zones, there may be differences.”

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The proposal is calling for the creation of special zones that would permit buildings to reach 45 meters in height. The first areas would include coastal areas of Tabanan and Gianyar Regency, such as Tanah Lot and Keramas Beach, parts of Sanur, Nusa Dua and areas within South Kuta such as the Bukit Peninsula. 

Suparta is clear that by creating this kind of policy change, the risk of building violations would be reduced. By giving investors and developers a dedicated zone to maximise construction height and, in turn, reduce the risk of developers going rogue. He noted, “If there are no adaptive regulations, permit smuggling could occur. This is what we want to anticipate with special zoning.”

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While Suparta’s line of thinking is steadily yielding more support from Bali seniors and policymakers, others are calling for a more reserved approach.

The Chairman of the Indonesian Hindu Dharma Society (PHRI), Nyoman Kenak, told reporters this week that he feels this discussion is moving too quickly.

He is urging that any regulatory changes that involve such cultural and ecologically sensitive issues must be subject to intensive scientific study. 

Kenak told reporters, “There will definitely be pros and cons. We at the PHRI are not in a position to directly support or reject, but any decision taken must be based on research.”

He highlighted that a jump from a building with a limit of 15m to 45m is significant, noting, “From 15 to 45 metres is a long way off. Don’t rush it. It must be studied first, from an environmental, cultural, and spatial planning perspective.”

He also called for clarity on where the height regulations are obtained from. As it stands, the 15m building height limit is based on 15m above sea level, not the surrounding terrain.

Valleys, hills, and ridgelines are technically not taken into consideration; buildings should not be able to withstand a 15m period. 

Kenak explained, “This isn’t just about the technical aspects of a building. There are cultural and spiritual values that must be preserved.”

He concluded, “If the study proves feasible, then go ahead. But everyone must accept the results. The bottom line is that the study is the most important thing…Let’s not regret it later; this concerns Bali’s future.”