Purchase price by the recorded dimensions and by the determined boundary dimensions

Japanese business start-up consultant

In relation to boundaries, a buyer might expect to encounter an Important Disclosure Statement. The Important Disclosure Statement is the legal document that shows all the dimensions of the land that the buyer is buying.

The description on the Indication of Land listed on the cadastre (address, lot number, land classification and acreage) at the Legal Affairs Bureau must be accurate but accurate surveying techniques were not available in 1873-1881. Modern standards of land surveying arrived much later.

Accurate land surveying would have been expensive and the estate agent in charge may sell the buyer real property with a description of the dimensions on cadastre at the Legal Affairs Bureau.

However, the estate agent has a legal obligation to investigate the boundary, which includes to check boundary markers at the place where the real property is located, and make the boundary clear to the buyer before concluding a sales agreement.

If the fact that it is impossible to make it clear by the date is stated, the estate agent should provide the necessary advice.

In the case above, there are 2 options for the buyer.

One is that you draw a conclusion based on the price and dimensions stated on the record.

Another option is to pay the price tentatively at a time of conveyance and hold a survey at the cost of the seller or the buyer, and settle the difference in price between the areas. As the buyer, you can insist the seller should apply for the determined boundary, but the seller might decide not to sell the property.

In general, forest land and farmland are sold by the recorded dimensions as it is too large and too expensive for surveying but even residential land for sale may be sold by the recorded dimensions.

The first thing to recognise is that the transaction may contain a recorded description of the dimensions of the land.

I believe that a good lawyer should listen and give you clear information (verbal and written) to prevent the trouble from happening.

 

I hope the information is useful.
I will update every Monday.
For more information
Japanese business start-up consultant
Shihoshoshi Lawyer
(Judicial Scrivener)
Akiko HORI

https://lawhelp4u.com/propertyJapan/

Please keep “Information for registration identification” (登記識別情報) safe.

Japanese business start-up consultant

Occasionally, people who cannot find their “Information for registration identification” are asking how they restore the document.

Information for registration identification is an important document that proves you have the ownership of the real property.
Unfortunately, it is not reissued at the Legal Affairs Bureau.

If there is a risk of theft, there is a procedure of invalidating the PIN code to let the Legal Affairs Bureau know.
However, even after invalidating the PIN code, Information for registration identification is not reissued. That is the system of Japan.

If the document are not found, strict identity verification is required when selling the real property, and the lawyer in charge of the sale will handle it to prove your identity, which normally incur an additional cost. The amount of the cost depends on the lawyer.

One of the best ways to store documents is at home in a safe or file box. If you don’t know which one is an important document, asking in person is the best thing to do.

I hope the information is useful.
I will update every Monday.
For more information
Japanese business start-up consultant
Shihoshoshi Lawyer
(Judicial Scrivener)
Akiko HORI

https://lawhelp4u.com/propertyJapan/

Real property in Japan and Highly-Skilled Foreign Professionals

Regarding restrictions on foreign ownership of real property vary from country to country, but Japan is a country which falls into the unregulated category.

Up to now, with respect to the purchase of real property in Japan, the number of people who purchase real property in Japan has steadily increased because of the Tokyo Olympics and the weaker yen.
Popular options are to own apartments or commercial buildings in central Tokyo,  and resort properties in Niseko, Hokkaido.

In Japan, there are no restrictions on non-Japanese purchasing real property regardless of their immigration status, such as permanent residence, nationality, or visa type. The taxation for non-Japanese has no difference from the one for Japanese.

There is no time limit on owning real property, an owner can be freely bought and sold, and can be inherited. However, importantly the inheritance tax or estate tax should be considered.

In principle, there is no visa, such as Tier 1 investor visa (UK) or EB-5 Immigrant Investor Program (US). However, if you have a rental property in Japan with stable income, there is a possibility to be granted permanent residency under the “Highly-Skilled Foreign Professionals” system.

The problem would be a language barrier, but please feel free to contact me in English when buying or selling real property in Japan.

“Highly-Skilled Foreign Professionals”
(高度人材ポイント制)

JPN

http://www.immi-moj.go.jp/newimmiact_3/

ENG

http://www.immi-moj.go.jp/newimmiact_3/en/index.html

I hope the information is useful.
I will update every Monday.
For more information
Japanese business start-up consultant
Shihoshoshi Lawyer
(Judicial Scrivener)
Akiko HORI

https://lawhelp4u.com/propertyJapan/

The process of buying real property in Japan

Japanese business start-up consultant

Step 1.
The intending seller appoints a real estate agent and the intending purchaser looks for a suitable property through an agent. The real estate agent can either act for both seller and buyer or just the seller.

 

Step 2.
Once the buyer finds a suitable property, they conduct their own due diligence, including whether the price is fair. The intending purchaser (or agent) sends a Letter of Intent as part of the negotiation of price. This is not legally binding.

I provide consulting services for the purchase and sales of real property in Japan.

I research the registration of both company and property on the official record basis, and report it in English. When required, I research the recent property record from the website below.

Public transaction record is available in English.
https://www.land.mlit.go.jp/webland_english/servlet/MainServlet

 

Step 3.
Once the price and any other conditions are agreed, a Real Estate Purchase and Sales Agreement and an Important Disclosure Statement for the property will be prepared by the seller. Broadly speaking, the parties are free to draw up a contract in any form they choose. The buyer should arrange to have the deposit 10% of the purchase price ready for when the contract is signed.

 

Step 4.
The buyer and seller (or authorised agents) sign the contract, which will specify a date for settlement of the balance of payment. The Important Disclosure Statement will be provided either at this time or some time before settlement.

 

Step 5.
On the Settlement date, the impartial Shihoshoshi lawyer deals with the property rights transfer and the outstanding balance of the purchase price (and any costs) is settled. The seller will also hand over various original documents related to the property. It is also possible for the buyer to appoint their own lawyer

I make sure that the transfer of real property on agreed terms is carried out correctly.

I hope the information is useful.
I will update every Monday.

For more information
Japanese business start-up consultant
Shihoshoshi Lawyer
(Judicial Scrivener)

https://lawhelp4u.com/propertyJapan/

The purpose of the property registration system in Japan

Japanese business start-up consultant

The purpose of the property registration system in Japan is to secure the rights to real property by providing for a registration system to be made to notify the public of real property descriptions and rights, thereby contributing to safe and smooth conduct of transactions.

 

In terms of safe and smooth property transactions, the kind of right that is established in the property is crucial, so the property registration system provides the information concerning property rights below specifying description of the property, the full name(s) of the person(s) and address(es).

1. Ownership
2. Superficies (Surface rights)
3. Farming right
4. Easement (servitude)
5. Priority privilege (Statutory lien)
6. Pledge
7 Mortgage
8. Right of lease
9. Mining right (Right of quarrying)

Registration identification is issued when a holder of a registered right files an application for real property rights, which an identification code is provided in order to confirm that said registered right holder files an application for the registration, with which the registered right holder can be identified.

You can search the property registration.

https://www1.touki.or.jp/beginner/index.html
However, the information is only written in Japanese.
I provide a professional translation services in real estate industry and legal documents.

Akiko HORI

I hope the information is useful.
I will update every Monday.
For more information
Japanese business start-up consultant
Shihoshoshi Lawyer
(Judicial Scrivener)

https://lawhelp4u.com/propertyJapan/

Japanese property system – Post-completion

Japanese business start-up consultant

After completion of the registration of the ownership:Post-completion

1.  Certificate for Registration Identification(登記識別情報)

When the Legal Affairs Bureau has completed the registration of the ownership, a Certificate for Registration Identification is given to a person entitled to register it.
This document identifies who is a rightful legal owner and as a proof of ownership, the PIN code is provided.

The PIN code shall be specified based on a combination of Arabic figures and other numbers for each real property and an applicant who has become a registered right holder.
The PIN code is sealed because it is strictly personal and it has never changed by a person.

Before 7th March 2005, Registration Identification was a stamp which was sealed by the Legal Affairs Bureau but the PIN code replaced now.
However the Identification document already issued is still valid and it is needed in case an owner of the real property sells the registered property.

 

2.  Registration system

The Registered ownership is a continuous record showing when the real property was first registered and all later purchases and sales, changes, division of the real property and so on. Now the system is computerised and the data is restored in the back-up computer system from time to time, so that to see all registration records, keeping track of the registered record is needed.

Property registration shall be made with regard to a physical description of real property or with regard to the following rights relating to the preservation, establishment, transfer, alteration, or extinction of a right.

1. Ownership
2. Superficies (Surface rights)
3. Farming right
4. Private easement (Servitude)
5. Priority privilege (Statutory lien)
6. Pledge
7 Mortgage
8. Lease
9. Mining right (Right of quarrying)

Lease right can be registered but traditionally and historically many owners of the land in Japan are not willing to register Lease right at the Legal Affairs Bureau and Lease right for the purpose of building ownership is governed by Act on Land and Building Leases. Practically the owner of the land and Lease Right holder are following the Act.

 

3. Notice of the acquisition tax

The tax payment notice of the acquisition tax takes time to be delivered to the registered owner. It generally takes about 4 to 6 months after the completion. The notice is issued from the local tax authority, which has jurisdiction over the area where the real property is located. The owner makes the payment at bank.

 

I hope the information is useful.

I will update every Monday.

For more information
Japanese business start-up consultant
Shihoshoshi Lawyer
(Judicial Scrivener)
Akiko HORI

How to Buy a property in Japan

Japanese property system – Real property transaction

Japanese business start-up consultant

In Japan, it is common and legally permitted for one estate agent to represent both a purchaser and a seller in the conveyancing process. It is called ‘Dual agency’.The whole responsibility of explaining the disclosure statement, such as Seller’s Property Information Form for the property is placed on an estate agent. Real Estate Brokerage Act regulates this.

1. Letter of Intent (LOI) (不動産購入申込書)

A letter of intent is prepared by a buyer to begin negotiations with a seller in real property transaction.
The document generally states the intentions, purchase price and the property details but payment terms and a date for an agreement is decided after consultation from the estate agent in charge. This procedure does not legally bind the buyer to buy the real estate.

2. Sale and Purchase Agreement and Property Information Form (売買契約書及び重要事項説明書)

A Sale and Purchase Agreement is a legally binding contract that is a valid agreement between the buyer and the seller of the real property.

Property Information Form is for the seller to give the detailed information about the real property, such as registered rights, the name of the owner, restrictions based on the law, regulation and so on.

The buyer generally delivers earnest money to the seller at the time of the agreement. The buyer may cancel the agreement by forfeiting his/her earnest money or the seller may cancel it by reimbursing twice its amount, until either party commences performance of the agreement. When the transaction is finalised, the earnest money is put toward the sales price.

3. The legal transfer of the real property (Conveyancing) (決済)

On the day of settlement, the buyer pays the remaining sum and other expenses, and then receives the keys and documents that come with the real property.
The Shihoshoshi lawyer takes a Registration Form to a Legal Affairs Bureau.

In Japan, property transaction will take effect only to the extent of the parties’ intention, which means property registration follows the principle of contract registration. The buyer needs to register his/her right in order to assert such a right to a third party but the registration is not indefeasible as it can be altered or cancelled, unlike registration systems in some countries, such as the Torrens system. However, in practice, there are few cases in which the registered rights are invalid and safety of transactions is impaired.

I hope the information is useful.

I will update every Monday.

For more information
Japanese business start-up consultant
Shihoshoshi Lawyer
(Judicial Scrivener)
Akiko HORI

How to Buy a property in Japan

Japanese property system – Tax

Japanese business start-up consultant

The below is the Taxes to sort out during the conveyancing process in Japan.

1. Stamp Duty (印紙税)

Stamps shall be obtained at a post office.
For this transaction, the duty is 100,000 Japanese Yen for a Sales and Purchase Agreement of over 100 million Japanese Yen and less than 500 million Japanese Yen in principle but when the date of agreement is before 31 March 2022, the stamp duty is 60,000 Japanese Yen.

Regarding a contract, in the Civil Code, no written agreement is necessary but under the Real Estate Brokerage Act, Article 37(1), an estate agent must issue a document concerning a property sale.

2. VAT (Consumption tax) (消費税)

Land itself is tax-free but a building is taxable, so that VAT is required when acquiring a building.
VAT is 10% as of 2020.
In addition, VAT will be applied on brokerage fee for an estate agent on the amount of the fee base.

3. Registration and license tax (登録免許税)

The tax applies when registering rights of land and a building at the Legal Affairs Bureau.
The tax amount is calculated by multiplying the assessed value of the fixed assets by the tax rate 2% for a building and 1.5% for land.
“The assessed value of the fixed assets” is not the same of the market value. It is determined by a local council on the Standard Valuation Code of the fixed assets basis by the Ministry of Internal Affairs and Communications. This assessment is renewed once every three years.
The valued price is stated on a certificate of evaluation for fixed asset tax.

4. A pro rata payment for Fixed assets tax and City planning tax (固定資産税・都市計画税の精算金)

A taxpayer for Fixed assets tax and City planning tax is the person that is the owner or the real property as of 1st January, so that the taxpayer doesn’t change even though a real property is transferred after 1st January. It is common for a seller and a buyer to agree to prorate Fixed assets tax and City planning tax per diem based on the delivery date for real property transaction.

5. Acquisition tax (不動産取得税)

In principle, the tax amount is calculated by multiplying the assessed value of the fixed assets by the tax rate 4%.
However, the tax rate applied to the acquisition of residential land and a building is at 3% because of the special measures as of 2020.
A payment notice is issued after a few months of the delivery date.

I hope the information is useful.

I will update every Monday.

For more information
Japanese business start-up consultant
Shihoshoshi Lawyer
(Judicial Scrivener)
Akiko HORI

How to Buy a property in Japan

Japanese property system – Seal (Inkan or Hanko)

Japanese business start-up consultant

Japanese people use Seal (Inkan or Hanko) instead of signature.

In Japan, generally, people have Seal(s) and perform stamping a document on a daily basis, such as collecting a parcel, opening a bank account, showing that a document is officially approved and so on.

However, there is no law about Seal itself.
The system is operated by council ordinances and regulations. There are no uniform standards for a stamp.
In Japanese, Seal is called different words, such as Inkan(印鑑), In (印), Hanko (判子), Insho (印章).

Types of a stamp

1. Mitomein (認め印)
Most Japanese people own a Mitomein Just for convenience.
Also a Japanese legal entity generally possesses it for a daily business transaction.

2. Ginkoin (銀行印)
The stamp is used to open a bank account for an individual and a company.

3. Jitsuin(実印)
The stamp is the official stamp for an individual and a company and is registered at the local council where an individual person resides and at the Legal Affairs Bureau as a company to legally authenticate company documents.
After the registration is done, a certificate is issued.

I hope the information is useful.

I will update every Monday.

For more information
Japanese business start-up consultant
Shihoshoshi Lawyer
(Judicial Scrivener)
Akiko HORI

How to Buy a property in Japan

Japanese property system

Japanese business start-up consultant

The buyer should prepare the documents below.

1. A certificate of a corporate registry certificate
2. A certificate of Buyer’s corporate seal impression

1. A certificate of a corporate registry certificate
(Rirekijikouzenbu Shomeisho 履歴事項全部証明書(謄本) in Japanese)

Time for preparation: Less than 1 day.
Cost: 600 Japanese Yen (At the desk of the bureau)
480 Japanese Yen (Online + at the desk of the Legal Affairs Bureau)
500 Japanese Yen (Online + Post)

When requesting a registry certificate, online is possible but to request it online, installing special software is necessary, so that many people go to the Legal Affairs Bureau to obtain it.

Since 2008, a corporate registry certificate can be received at any registry office nationwide because of a registration information exchange system.

When submitting an application form for a real property registration, if the applicant is a corporation, there is no need to attach the corporate registry certificate (3 month before the registration application), subject to providing the description of the corporate registration number on the application form since 2 November 2015.

However before submitting an application, it is common for a seller and buyer to confirm the official existence of a corporate entity, so that parties generally obtain each certificate.

2. A certificate of Buyer’s corporate seal impression
(Inkan Shomeisho (法人)印鑑証明書 in Japanese)

Time for preparation: Less than 1 day.
Cost: 450 Japanese Yen (At the desk of the bureau)
390 Japanese Yen (Online + at the desk of the Legal Affairs Bureau)
410 Japanese Yen (Online + Post)

When a buyer buys a real property in cash, there is no need to obtain this.

I hope the information is useful.

The below is my thought.
At present, the global economy is suffering from a financial crisis due to coronavirus.
The number of infected people and deaths in Japan is relatively low.
The UK seems to be taking a strategy to delay the onset of the peak of the disease until the summer months (BBC News).

Considering this situation, I am always thinking that I want to deal with a situation in a way that I make sense for my decision as far as possible even if the future results are not as expected.
Because after making a decision, all I can do is to wait for the future results regardless the decision that I previously do is recognised right or not.
No one knows what the future holds.

I will update every Monday.

For more information
Japanese business start-up consultant
Shihoshoshi Lawyer
(Judicial Scrivener)
Akiko HORI

How to Buy a property in Japan