Needs, Clearly

Tenancy and relocation evidence

This article explains the evidence framework for tenancy and relocation in Japanese real estate. It is not a legal opinion, a compensation calculator, or a negotiation playbook.

NEEDS Property Research: Japanese property research and redevelopment planning

Tenancy and relocation evidence in Japanese property research

This article explains the evidence framework for tenancy and relocation in Japanese real estate. It is not a legal opinion, a compensation calculator, or a negotiation playbook. It is a map of the records, laws, and professional roles you will encounter when a property is occupied and a redevelopment or demolition project is being considered.

In Japanese real-estate practice, tenancy and relocation evidence is the set of records used to verify who occupies a property, under what legal relationship, and what compensation framework applies if the structure is demolished or redeveloped. It is not a single document. It is assembled from the land register (登記簿), the cadastral map (地図), lease contracts, construction confirmation records, municipal planning documents, and, when inheritance is involved, the koseki (戸籍).

The subject sits at the intersection of 不動産 (real estate), 登記 (registration), 再開発 (redevelopment), and 建替え (rebuilding). A property may look viable on a map, but its ownership history, lease structure, and planning restrictions determine whether a redevelopment or demolition project can proceed. Tenancy and relocation evidence is the part of that process that deals with occupants: who has the right to occupy, what the lease says, whether an eviction notice is valid, and what records a court or a redevelopment body would expect to see.

The legal relationship between a property owner and an occupant is governed by the Land and Building Leases Act (借地借家法), which distinguishes between land leases and building leases. The Act provides tenant protection through renewal rights and restricts eviction without just cause. The Ministry of Land, Infrastructure, Transport and Tourism (MLIT) publishes the current text of the Act through e-Gov Japan, and the Act is amended from time to time; check the current consolidated version before relying on it.

The key distinction for evidence is between the registered owner (登記簿上の所有者) and the person who actually occupies or leases the structure (借家人). The land register (登記簿) shows ownership and registered encumbrances, but it does not show who is physically living in each unit. Lease agreements, rent receipts, and utility bills are the practical evidence of occupation. When a structure is proposed for demolition or redevelopment, the tenant’s legal position is governed primarily by the Land and Building Leases Act (借地借家法), not by the land register alone.

The four focused guides

Use these operational pages after reading this overview:

Core records and where to find them

Land register and cadastral map

Read the official land register and cadastral map at the Legal Affairs Bureau (法務局). The land register records ownership, mortgages, and easements for each parcel; the cadastral map records the parcel boundary. They are separate records and are not always fully synchronised. If the parcel is unregistered or the boundary is uncertain, a licensed land and building surveyor (土地家屋調査士) is the professional who prepares boundary surveys and registry applications.

Cross-reference the land register (登記簿) with the cadastral map (地図). A mismatch between the two is common, especially in rural areas, and requires a licensed surveyor (土地家屋調査士) to resolve.

Construction confirmation file

Check the building confirmation file (建築確認申請) at the local government planning department. This file contains the approved plans, compliance checks, and any conditions attached to the original construction permit. For older structures, the file may be incomplete or lost, so the fixed asset tax register (固定資産税台帳) can provide a secondary record of construction year and floor area.

Check the confirmation application (建築確認申請) history. This record, filed with the local government, contains the original plans and compliance checks. A structure’s actual maintenance history matters more than its age on the register.

Fixed asset tax register

Cross-reference the land register with the fixed-asset tax register: the cadastral map shows the parcel boundary, the land register shows ownership and encumbrances, and the fixed-asset tax register shows assessed value and structure details. Discrepancies between these three records are common and must be resolved before any purchase decision.

GIS and land-use data

Use the National Land Numerical Information (国土数値情報) from MLIT for GIS-based land-use and zoning analysis, but treat the dataset as a starting point, not the final authority.

Redevelopment frameworks and planning checks

Identify the applicable redevelopment framework. The Urban Redevelopment Act (都市再開発法) and the Building Standards Act (建築基準法) set the procedural and technical rules for demolition and rebuilding. Local government planning departments (市町村都市計画課) issue zoning confirmations and planning certificates that determine whether a project is permissible.

The Urban Redevelopment Act (都市再開発法, Act No. 38 of 1969) sets out the procedural framework for redevelopment projects, including tenant relocation (立退き). Compensation is not a fixed statutory amount; it is negotiated case by case and is typically based on relocation costs, business interruption, and the difference in rent between the old and new premises. Published figures for tenant compensation are minima, not guarantees. See the current text of the Act on e-Gov Japan and MLIT’s redevelopment guidelines.

Urban redevelopment projects under the Urban Redevelopment Act (都市再開発法) have specific procedures for tenant relocation. These procedures are defined by law, not by private negotiation alone. Compensation is typically based on the reasonable cost of finding equivalent accommodation, moving expenses, and business loss where applicable. Actual amounts are project-specific and depend on the project’s scale, the tenant’s legal status, and the negotiation record.

Tenant rights and lease law

Lease types and renewal rights

The legal relationship between tenant and landlord is the starting point for any relocation claim. The Land and Building Leases Act (借地借家法) protects tenants with fixed terms and those with no fixed term. For fixed-term leases, the tenant has no automatic renewal right after the term ends; for indefinite leases, the landlord must show “just cause” (正当な事由) to refuse renewal. A tenant’s compensation band depends on the lease type, the remaining term, and whether the tenant is a business or residential occupant.

The Land and Building Leases Act (借地借家法) protects tenants in registered leaseholds. When a landlord terminates a lease without just cause, the tenant may invoke renewal rights. The Act does not set a compensation formula. For eviction procedures, the Act sets the framework for “justifiable grounds” (正当事由) that a court will assess. For the 2025 revision of the Civil Code, see the current official text at e-Gov Japan.

The Land and Building Leases Act (借地借家法) protects leaseholders in Japan. Tenants with registered leases may have renewal rights; the act distinguishes between land leases (借地) and building leases (借家). Eviction requires a “justifiable reason” (正当事由) under Article 28, and courts weigh the landlord’s need for the property against the tenant’s need for continued housing. The act was last amended in 2021.

Relocation evidence checklist

For tenancy and relocation evidence, the relevant documents are the lease agreement, the notice of termination, the structure’s registration record, and any municipal urban redevelopment plans. A tenant facing relocation should first check whether the notice cites a statutory ground under the Land and Building Leases Act (借地借家法), and then compare the registration date with the 1981 seismic code revision to determine whether the structure is considered old or non-conforming.

Compensation: what to expect

For relocation compensation, the primary source of legal thresholds is the Land and Building Leases Act (借地借家法) and the Urban Redevelopment Act (都市再開発法), which set out the framework for tenant rights and relocation procedures. The specific compensation guidelines are published by MLIT; these are minimum standards, not automatic entitlements. Actual compensation is negotiated between the project proponent and each tenant, and may include moving costs, lost business income, and difference in rent. There is no single guaranteed formula, and amounts vary by project scale, the tenant’s bargaining position, and local practice.

The relocation compensation framework is not a single published table. Instead, it follows the Urban Redevelopment Act (都市再開発法) and related guidelines, which set out categories of loss: moving costs, business interruption, and loss of goodwill. The Land and Building Leases Act (借地借家法) governs lease termination and renewal rights, while the Building Standards Act sets the technical thresholds that make a structure obsolete.

Structural thresholds and maintenance records

The 1981 seismic revision

The 1981 Building Standard Act revision introduced stricter seismic design; structures approved before that date may not meet current standards. This is a general threshold for structural review, not a guarantee of safety or insurability. A full structural assessment by a licensed architect or engineer is always required.

Maintenance record requirement

The 2011 revision of the Building Standards Act requires structures with three or more storeys and total floor area over 1,000 m² to submit a maintenance record to the local government when the structure is first used, and to retain the record until demolition. This record is not a substitute for a structural inspection; it is a maintenance log. See the Building Standards Act as amended (Act No. 123 of 1950, latest revision 2011) via e-Gov Japan.

Key authorities and professional roles

The key authority for redevelopment procedures is the Urban Redevelopment Act (都市再開発法), administered by the local government planning department and the Ministry of Land, Infrastructure, Transport and Tourism Japan. For ordinary renovation that does not involve demolition and reconstruction, the relevant law is the Building Standards Act, enforced by the local government authority. For lease disputes, the Land and Building Leases Act (借地借家法) governs lease terms, renewal rights, and eviction procedures. For land boundary and ownership records, the Legal Affairs Bureau (法務局) maintains the official land register and cadastral maps. For family inheritance, the koseki (戸籍) is the primary record; it is not a property record but is needed to prove who inherited a parcel.

The Building Standards Act (建築基準法) sets construction safety and siting requirements. Local government planning departments (市町村都市計画課) issue zoning certificates and building permits; the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) publishes national guidelines and statistical summaries. Building confirmation applications are filed with the local government that has jurisdiction over the site.

The official public notice of land prices (公示地価) is published annually by MLIT and is not a substitute for a formal appraisal. The Japan Real Estate Institute (JREI) publishes market statistics but does not provide legal advice or valuations for individual properties. The Japan Association of Real Estate Agents (JAREA) publishes ethical standards and dispute-resolution guidelines. Archived NEEDS site content is a historical record only and should not be treated as current legal or market guidance.