Overview of Notification

1. Notification system (summary)

A seller and purchaser under a contract for transferring the ownership in land or buildings (hereinafter "real estate") of at least a certain size located in a special monitored area, or for the transfer or creation of any rights to acquire the ownership in such real estate (hereinafter a "real estate transaction contract") have an obligation to notify the Prime Minister of the particulars specified by the applicable laws and regulations (Article 13(1) and (3)).

2. Real estate and rights for which notification is required

(1) Real estate for which notification is required

Real estate not less than 200 square meters (in case of a building, the total area of each floor is not less than 200 square meters) located in a special monitored area (Article 13(1) of the Act and Article 4 of the Enforcement Order)

(2) Rights for which notification is required

Ownership or a right to acquire ownership (hereinafter a "real estate ownership right")(Article 13(1)). This right to acquire ownership means a purchase option, buy-back option, etc.

(3) Rights excluded from the requirement for notification

No notification is required for the transfer of or other transactions with respect to superficies, farming right, servitude, statutory lien, pledge on real property, mortgage and leasehold.

3. Contract for which notification is required

(1) Contract for which notification is required

The major contracts for which notification is required are as follows: Sale and purchase, gift, exchange, and assignment, etc. of options (e.g., a purchase option and buy-back option), including a plan to conclude these contracts.

(2) Contracts excluded from the requirement for notification

No notification is required for the non-contractual transfer, etc. of ownership, for example, succession, the division of estate, a corporate merger, a final and binding judgment and exercise of options (e.g., a purchase option, buy-back option).

(3) Exemption from requirement of prior notification

No notification is required for the following contracts, as the assessment of the purpose of use of real estate after the transfer of ownership is conducted within the framework of license and permit under other laws (Article 13(1) of the Act, parenthesized text in the main sentence, Article 6 of the Enforcement Order and Article 6 of the Enforcement Regulations).

  • a contract that requires permission under Article 27(1) of the Public Water Body Reclamation Act
  • a contract for the transfer or creation of ownership and other rights concerning land used for undertakings subject to a public notice of approval under Article 26(1) of the Expropriation of Land Act
  • a contract that requires permission under Article 3(1) of the Cropland Act

In cases where a person who will receive the transfer, etc. of real estate ownership right is a state administrative organ, local government or any of the following organization, neither the transferor nor transferee is required to submit a notification (Article 13(1) of the Act, parenthesized text in the main sentence, Article 5 of the Enforcement Order).
Incorporated administrative agencies, national university corporations, inter-university research institute corporations, special public corporations, local incorporated administrative agencies, port authorities, the National Association of Racing, the Japan Finance Organization for Municipalities, the Japan Agency for Local Authority Information Systems, the Fund for Local Government Employees' Accident Compensation, regional public housing corporations, the Local Tax Agency, regional public road corporations, land development corporations, the Japan Sewage Works Agency, and the Japan Legal Support Center

(4) Transactions for which ex post-facto notification is required

An ex post-facto notification is required for the following transactions (Article 13(2) and (3) of the Act, Article 7 of the Enforcement Order)

  • conciliation under the Civil Conciliation Act
  • settlement under the Code of Civil Procedure
  • conciliation under the Domestic Relations Case Procedure Act
  • auction for dispositions of delinquency, compulsory execution, or the enforcement of a security right (including an auction to be conducted in accordance with the same rules).

4. Matters for notification

The following matters are to be included in the notification (items of Article 13(1) of the Act, Article 5 of the Enforcement Regulations).

  • names (or representative's name, in case of a corporation) and addresses of the parties
  • location and size of real estate
  • type and details of ownership and other rights with respect to real estate
  • purpose of use of the real estate
  • nationality and other information concerning the intended transferee (in case of a corporation, the fact that the representative does not have Japanese nationality) and other information
  • current status of use of the real estate
  • slated date of contract (or the date when the contract was concluded, in case of an ex post-facto notification)

5. Method for submitting notification

(1) Documents to be submitted

Notification concerning transaction of real estate

*No attachment is needed.
*Submit one notification per contract.

(2) Parties to submit notification

Parties to the real estate transaction contract (both the seller and purchaser have an obligation to submit the notification) (Article 13(1) and (3) of the Act)

(3) Office for submission

Director General for Real Estate Surrounding Important Facilities and on Remote Territorial Islands, Cabinet Office
1-6-1, Nagata-cho, Chiyoda-ku, Tokyo 100-8914
Director General for Real Estate Surrounding Important Facilities and on Remote Territorial Islands, Cabinet Office (in charge of notification)
*On the envelope, write "notification concerning important real estate" in red ink.

(4) Number of copies to be submitted

One

(5) Period for submission

Prior notification (Article 13(1) of the Act)

Parties to a real estate transaction contract are required to submit notification to the Prime Minister prior to the conclusion of the contract. Submission by postal mail must be delivered to the Cabinet Office by the day immediately prior to the date of contract.

Ex post-facto notification (Article 13(3) of the Act)

An ex post-facto notification must be submitted to the Prime Minister within two weeks from the day of conclusion of a real estate transaction contract. Submission by postal mail must be delivered to the Cabinet Office within two weeks from the date of contract (including the first day).

(6) Method for submission

Notification may be submitted by either postal mail or online.

(7) Other

No seal impression, including a seal impression for correction or verification of authenticity, is required for any documents to be submitted.
A notifying party that submitted a compliant notification may request a certificate of completion of the procedures related to the notification by enclosing a self-addressed return envelope with a postal stamp.

6. Notification form (for submission in paper format)

Use the applicable form by downloading and printing on A-4 size paper (Article 13(1) and (3) of the Act, Article 4 of the Enforcement Regulations).

＜Prior notification (Article 13(1) of the Act)＞

＜Ex post-facto notification (Article 13(3) of the Act)＞

See the Guides to Prepare Notification concerning Real Estate Transaction (PDF format: 115KB) open PDF in a new windowand Example of Notification concerning Real Estate Transaction (PDF format: 260KB) open PDF in a new window(Only available in Japanese)

7. Consequence of non-submission

Any person who falls under any of the following items is subject to imprisonment for not more than six months or a fine not exceeding 1,000,000 yen (Article 26 of the Act).

  • concluding a contract without notification (Article 13(1) of the Act)
  • not submitting a notification within two weeks from the date of contract (Article 13(3) of the Act)
  • submitting a notification containing falsified information (Article 13(1) or (3))