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Laws Related to Real Estate Transactions in Japan
- Japan’s Civil Code makes it a principal to treat parties in a contractual relationship in an equal and fair manner.
- On the other hand, when buying, selling or leasing land, buildings and other real properties, there arise differences in negotiation ability and information volume, etc. between operators and consumers.
- In order to prevent such differences from causing trouble, there exist many laws and regulations governing a variety of scenes in real estate transactions.
Japan’s representative laws and regulations concerning real estate transactions are classified and summarized into the following 8 items in terms of acquisitions and leasing of residential properties.
- Laws concerning land use
- Laws concerning construction of buildings
- Laws regulating real estate companies
- Laws and regulations concerning advertisement
- Laws concerning contracts including sales contracts and lease contracts
- Laws concerning titles and rights
- Laws concerning real property registration
- Laws concerning condominium management
- Laws concerning defects(faults, etc.) of housing properties.
(1) Laws concerning land use |
・City Planning Act ・National Land Use Planning Act |
(2) Laws concerning construction of buildings |
・Building Standards Act (for newly-built or renovated buildings) ・Act on the Promotion of Popularization of Long-life Quality Housing (for condominiums) ・Act on the Promotion of the Low-Carbonization of Cities |
(3) Laws regulating real estate companies |
・Building Lots and Buildings Transaction Business Act ・Act on Advancement of Proper Condominium Management |
(4) Laws and regulations concerning advertisement |
・Building Lots and Buildings Transaction Business Act ・Fair Competition Codes Concerning Indication of Real Estate |
(5) Laws concerning contracts including sales contracts and lease contracts |
・Civil Code ・Building Lots and Buildings Transaction Business Act ・Act on Land and Buildings Leases ・Consumer Contract Act |
(6) Laws concerning titles and rights |
・Civil Code ・Condominium Unit Ownership Act (for condominiums) ・Act on Land and Building Leases (for renting) ・Act on Facilitation of Reconstruction of Condominiums (for condominiums) |
(7) Laws concerning real property registration |
・Real Property Registration Act |
(8) Laws concerning condominium management |
・Condominium Unit Ownership Act ・Act on Advancement of Proper Condominium Management |
(9) Laws concerning defects(faults, etc.) of housing properties |
・Civil Code ・Housing Quality Assurance Act ・Building Lots and Buildings Transaction Business Act ・Act on Assurance of Performance of Specified Housing Defect Warranty |