Act on the Review and Regulation of the Use of Real Estate Surrounding Important Facilities and on Remote Territorial Islands

Legislative background

Background and historical development

From the past, the ownership and use of land located in remote territorial islands or in the vicinity of defense facilities has been a source of security concern.
Against this backdrop, as mentioned in Basic Policy on Economic and Fiscal Management and Reform 2020 (Cabinet Decision dated July 17, 2020), the Cabinet decided: "From the standpoint of national security, the government will strive to ascertain the status of property ownership through information gathering and other means by the relevant government offices, and the government will take the necessary measures after considering how best to use and manage property."

Enactment of the Act

Under this Cabinet Decision, the Advisory Panel on Assessment of the Actual State of Land Use was established at the Cabinet Secretariat. Based on the recommendations from this Committee, the Act on the Review and Regulation of the Use of Real Estate Surrounding Important Facilities and on Remote Territorial Islands (Act No. 84 of 2021) was promulgated on June 23, 2021, and came into full force and effect on September 20, 2022.

Effective enforcement of the Act

The Cabinet Office is to implement the following measures in accordance with this Act.

Designation of monitored areas and special monitored areas

Areas within a range of approximately 1,000 meters from important facilities (defense facilities, etc.) or areas within remote territorial islands may be designated as monitored areas, if it is particularly necessary to prevent real estate (land and buildings) in those areas from being used for adverse acts (meaning acts that impede the functions of important facilities and remote territorial islands).
In addition, a monitored area may be designated as a special monitored area if the functions of important facilities and remote territorial islands are specifically important or are vulnerable, and if it is difficult to substitute their functions with other important facilities and remote territorial islands.

• Designation of areas

Review of status of use of real estate

The Prime Minister will conduct a review of the status of use of real estate located in a monitored area or special monitored area, so as to prevent these areas from being used for adverse acts.

Notification concerning special monitored areas

A party to a contract for transferring or creating ownership and other rights with respect to real estate located in a special monitored area is required to submit a notification.

• Overview of Notification

Regulation on improper use of real estate

If any adverse act is conducted that uses real estate located in a monitored area or special monitored area, the Prime Minister recommends or orders the user to take necessary measures.