Act on Review of Important Real Estate※2
Article 13 of the Act on Review of Important Real Estate stipulates that where contracts (including option contracts) are entered into for the transfer or establishment of ownership or rights intended to acquire ownership of land located within a Special Monitoring Area,※3 the parties are required to submit a notification of certain information to the Prime Minister.
Under the current law, the nationality etc. of the prospective transferee (or the country of incorporation in the case where the prospective transferee is a juridical person) is required to be reported. Where the prospective transferee is a juridical person, if (i) a person who does not hold Japanese nationality, (ii) a foreign government or foreign public entity or a person equivalent thereto or a representative thereof, or (iii) a juridical person established under foreign laws serves as a representative, or if any such persons constitute a majority of the officers or holds a majority of officers or voting rights in the prospective transferee, such matters are also included as matters to be reported (Article 5, Paragraph 1, Items 1 and 2 of the Regulation for Enforcement of the Act on Review of Important Real Estate).※4
Recently, Article 5, Paragraph 1, Item 2 of the Regulation for Enforcement of the Act on Review of Important Real Estate has been amended to require where the prospective transferee, etc. is a juridical person, that the following additional matters also be reported.
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Matters to be Reported
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Representative
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Where any of the following person serves as a representative, the nationality, etc. and name of such representative:
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A person who does not hold Japanese nationality
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A foreign government etc. or representatives thereof
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A juridical person established under foreign laws
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Officers
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Where persons of the same nationality falling under any of the following categories constitute a majority of the officers of the juridical person, the nationality, etc. of such officers:
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Persons who do not hold Japanese nationality
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Representatives of foreign governments etc.
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Shareholders
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Where persons of the same nationality falling under any of the following categories constitute a majority of the shareholders of the juridical person, the nationality, etc. of such shareholders:
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Persons who do not hold Japanese nationality
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A foreign government etc. or representatives thereof
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A juridical person established under foreign laws
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The Cabinet Office Ordinance amending the Regulation for Enforcement of the Act on Review of Important Real Estate has been promulgated on January 30, 2026, and will come into force on April 1, 2026.
Forest Act
1. Notification Form for Change of Ownership of Land in Forest Areas
Under the Forest Act, where a person newly becomes the owner of forest land that is subject to a regional forest plan,※5 such person is required to notify the municipal mayor of such change (Article 10-7-2, Paragraph 1). With respect to such notification, the relevant form is prescribed under the Public Notice Prescribing Application and Other Forms pursuant to the Enforcement Regulations of the Forest Act (Ministry of Agriculture and Forestry Public Notice No. 851 of 1962). The current form requires the address, name, and phone number of the new owner. Following the amendment of such public notice, the new form is expected to require (i) nationality, etc., (ii) where the new owner is a juridical person, (a) the name and nationality, etc. of its representative, (b) the nationality, etc. of its officers, etc., and (c) the nationality, etc. of any person holding a majority of the voting rights of such juridical person, and (iii) where the address is outside Japan, a domestic contact address. In addition, the use of the forest land will also newly be included as a reportable matter.
This amendment will come into force on April 1, 2026.
2. Amendments to Matters to Be Entered in the Forest Land Ledger
Municipalities are required to prepare a forest land ledger for each parcel of privately owned forest land that is subject to a regional forest plan, in order to properly carry out their administrative functions (Article 191-4, Paragraph 1 of the Forest Act). Under the current law, the name and address of the landowner are required to be entered in such ledger; however, the nationality, etc. of the landowner is not included. After the amendment to Article 104-2 of the Enforcement Regulations of the Forest Act, the following will be registered in such ledger: (i) nationality, etc. of the landowner, (ii) where the landowner is a juridical person, (a) the name and nationality, etc. of its representative, (b) where persons holding the same nationality, etc. constitute a majority of the officers, etc. of such juridical person, such nationality, etc., and (c) where persons holding the same nationality, etc. hold a majority of the voting rights of such juridical person, such nationality, etc.
This amendment will come into force on April 1, 2027.
Real Property Registration Act
Following the entry into force of the amended Real Property Registration Act on and after April 1, 2026, where there is a change in the name or address of the registered holder of ownership, such registered holder will be required to apply for registration of such change with respect to his/her name or address within two years from the date of such change (Article 76-5 of the Real Property Registration Act). A person who fails to file such application without justifiable grounds will be subject to a non-penal fine of up to JPY 50,000 (Article 164, paragraph 2 of the Real Property Registration Act). In addition, from the perspective of reducing the burden of registration obligations, where there is a change in the name or address of the registered holder of ownership, the registrar will be permitted to effect a change registration ex officio (on its own authority) (Article 76-6 of the same Act). In connection with these amendments, where an application is filed for a registration of preservation of ownership or registration of transfer of ownership, etc., and the person who is to become the registered holder of ownership has an address in Japan, the applicant is required to provide to the registrar, as search information relating to such person, the name, address, date of birth, etc. as part of the application information (Article 158-39, paragraph 1 of the Rules of Real Property Registration). The Minister of Justice is to maintain a search information management file, which records the search information pertaining to registered holders (limited to natural persons) (Article 158-38, Paragraph 1 of the same).
The Rules of Real Property Registration are also expected to be amended, requiring applicants for registration to provide nationality as part of the search information, regardless of whether they have a domestic address. The nationality of the registered holder will then be recorded in the search information management file.
The effective date of the amended regulations has not yet been specified at this time due to necessary system renovations, but the amendment is expected to be enforced early part of fiscal year 2026.
National Land Use Planning Act
Under the National Land Use Planning Act, except in the following cases, where a contract is entered into for the transfer or establishment (limited to transfers or establishment made for consideration) of ownership, superficies rights, leasehold rights, or rights intended to acquire such rights (collectively, “rights in land”) (Article 14, Paragraph 1; Article 5 of the Order for Enforcement of the National Land Use Planning Act), the acquirer of such rights in land is required to notify the relevant prefectural governor, within 2 weeks from the date of execution of the contract, of the names and addresses of the parties (or, in the case of a juridical person, the name of its representative), the date of execution of the contract, the location and area of the land, the type of rights, and other prescribed matters (Article 23 of the same law).
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Cases Not Subject to Notification
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Sale and purchase, etc. of land of less than 2,000㎡ located in Urbanization Promotion Areas
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Sale and purchase, etc. of land of less than 5,000㎡ located in Urban Planning Areas other than Urbanization Promotion Areas
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Sale and purchase, etc. of land of less than 10,000㎡ located in areas other than the above
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Sale and purchase, etc. of land located in Restricted Areas, Watch Areas, or Monitoring Areas under the National Land Use Planning Act
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Under the current law, the nationality, etc. of the acquirer of rights is also a reporting matter (Article 19-3, Item 1 of the Enforcement Regulations of the National Land Use Planning Act). After the amendment, where the acquirer of rights is a juridical person, it is planned that the following will newly be included as reporting matters: (i) the nationality, etc. of its representative; (ii) where persons holding the same nationality, etc. constitute a majority of its officers, etc., such nationality, etc.; and (iii) where persons holding the same nationality, etc. hold a majority of the voting rights of such juridical person, such nationality, etc. (amended Article 19-3, Item 2).
This amendment to the Enforcement Regulations of the National Land Use Planning Act is scheduled to come in force on April 1, 2026.
Cropland Act
With respect to cropland, pursuant to the Act Partially Amending the Act on National Strategic Special Zones and the Act on Special Districts for Structural Reform in 2023 located in Structural Reform Special Zones by corporations other than Agricultural Production Corporations (each, a “Specified Corporation”) was permitted (Article 24 of the Act on Special Districts for Structural Reform). The supplementary resolution to such amending bill provided that, in granting approval for Structural Reform Special Zone Plans relating to cropland acquisition projects by Specified Corporations, the nationality of officers, etc., the intended use of the cropland, the capital structure, and other matters are to be confirmed, and that local governments are to be instructed to confirm such matters annually even after approval.
Based on this supplementary resolution, the Enforcement Regulations of the Cropland Act were amended on September 1, 2023, requiring an applicant for cropland acquisition to specify his or her nationality, etc. in the application for permission (Article 3, Paragraph 1 of the Cropland Act, Article 1 of the Cropland Act Enforcement Order, and Article 11, Paragraph 1, Item 6 of the Enforcement Regulations of the Cropland Act). In addition, where the person acquiring cropland is a juridical person, it is required to state the name, address, and nationality, etc. (or, in the case of a juridical person, country of incorporation) of any shareholder holding 5% or more of the total voting rights of all shareholders, or any person making a capital contribution equivalent to 5% or more of the total amount of contributions (Article 11, Paragraph 1, Item 7 of the same regulations).
Conclusion
In addition to the amendments to related laws, the Digital Agency is working on establishing a Real Estate Base Registry, which will centralize and provide basic information about land and buildings. This database is expected to be operational, and efforts are being made to organize information related to real estate transactions.
Endnotes
*2
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)
*4
Regulation for Enforcement of the Act on the Review and Regulation of the Use of Real Estate Surrounding Important Facilities and on Remote Territorial Islands (Cabinet Office Ordinance No. 56 of 2022)
*5
Forests other than those owned by the national government and those specified as revenue-sharing forests under Article 10, Item 1 of the Act on Management and Administration of National Forests and National Forest Lands (Article 2, Paragraphs 2 and 3 of the Forest Act).
