Legal & Regulations Archives - Yamamoto Property Advisory

Legal & Regulations

Hidden Costs of Condo Ownership in Japan: What Every Foreign Buyer Must Know

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Rising Monthly Condo Fees in Japan: What Foreign Buyers Must Understand Before Investing

Introduction

Japan’s condominium market continues to attract global investors and foreign residents, thanks to its stability, location appeal, and urban infrastructure. However, one crucial aspect is often underestimated: the monthly ownership costs associated with condominiums.

If you are considering purchasing a condo in Japan, understanding monthly management fees and repair reserve funds is essential for long-term financial planning.

What Are Condo Management and Repair Fees in Japan?

In Japan, condominium owners pay two key recurring charges aside from mortgage payments and property taxes:

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Navigating Withholding Obligations for Foreign Investors: A Comprehensive Guide for Buyers and Landlords

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Tax implications: When a non-resident sells

or rents out real estate in Japan

OLYMPUS DIGITAL CAMERA

 

 

(Case study)

 

In Japan, taxes are levied on residents (referred to as “residents”) regardless of nationality.

 

In this case, the income subject to taxation includes not only income generated within Japan

 

but also income from around the world.

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Japanese Real Estate Essentials: City Planning Law for the residential districts.

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The city planning law, which was created by the ministry of land, infrastructure, transport and tourism, exist to regulate urban development.

The law divides all Japan into mainly two parts; city planning area which is regulated by the city planning law and the non-city planning area which is not regulated by this law.

The law defines 12 zoning districts within urbanization promotion areas.

Of these zoning districts, three have a primary effect on real estate projects residential district, commercial districts and industrial district.

Specific regulations for each district such as allowable use, building coverage ratio and floor area ratio are defined by the building standards law.

When you buy a property in Japan, it is very important to know which district your property exists.

Because each district is highly regulated by the specifics of city planning law(and building standards law)

and such regulations always affect the neighbourhood.

The law regulates the hight, allowable use, building coverage ratio, floor area ratio, type of the business and the size of the business and so on.

For example, you can not open a restaurant in category 1 low-rise exclusive residential districts.

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Japanese real estate essentials: The city planning law : You need to understand before you buy a property in Japan

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What is the purpose of the city planning law ?

The city planning law which is set by the Ministry of land infrastructure transport and tourism (MLIT)

exists to regulate urban development.

The law divide Japan into mainly two parts :

1.The city planning area which is regulated by the city planning law

2. The non-city planning area which is not regulated by this law

City planning area is mainly divided into urbanization promotion areas where development is promoted and urbanization restricted areas where the development is restricted.

Urbanization restricted areas consist of agricultural, forestry and fishery projects.

Urbanization restricted areas are not allowed to build residential, office and retail properties.

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For example, if you want buy a land in the agricultural areas, you may not able to build your own house.

Don’t forget to check the relevant law and regulation before you purchase such land.

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Japanese real estate essentials: What kind of laws do you need to understand before you buy a property in Japan ?

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Here is  how it works : Japanese real estate essentials.

What kind of laws are protecting rights of your real estate in Japan ?

The civil law describes the general rules for the purchase and sales (and lease) of the property.

The civil law regulates ownership and superficies and also provide the definition of rights such as pledge and mortgage.

As a conventional individual, I think you only need to know how the mortgage works in Japan.

The land lease and building lease law, which is special law of civil law, provides

the general rules of land lease and building lease.

The act on sectional ownership of buildings provides the general rules on sectional ownership, meaning

the law is for the condominiums.

The real estate registration law is for the real estate registration system.

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Essentials : How is the real estate ownership registered in Japan ?

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Just the basics.

Today I am going to share some basic laws and regulations on the real estate in Japan.

1 How does the real estate registration work in Japan ?

The real estate registration system is governed by the real estate registration law (不動産登記法）

Properties are registered in the real estate register which gives the basic information of the property and its

rights/titles.

The registration record can be reviewed at the legal affairs bureau. (法務局)

The registration information can be accessed by the internet by paying a small fee (you can also

get a copy of registration at local legal affairs bureau.

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How the commission for agents (realtors) works in Japan ?: Risks you should watch (YouTube)

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How the commission for agents (realtors) work in Japan ?
The system is very different from that of USA.

In the US, sellers pay the commission to the sellers agents (listing agents) and buyers don’t pay the commission.

(Later, sellers agents split the commission with buyers agents)

In Japan, a buyer pays the 3% commission to buyers agent and a seller pays the same 3% to sellers agent (listing agent)

3% is the statutory rate and not negotiable (it is but I don’t negotiate).

Japan has been infamous for the problem of “dual agency”.

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How the investment in a local city works ? : Opportunity to invest in center of Sapporo residential building. No down payment is needed

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(Night life Susukino in Sapporo)　　　　　　（Odoori koen)
No down payment is needed.
Remarkable opportunity in Sapporo is up for sale in Sapporo.
One of my business partners has come across a pretty good property in Sapporo in northern Japan.We don’t usually deal with a property in Sapporo.
However, as the project already has passed the provisional review by a premier Japanese bank, I am introducing it on his behalf.
Let’s find out how viable it is.
Oh, by the way, If you seek investment that can expect the appreciation of 20% over next 3 years,
Japan is not your destination. Please go and find a property in countries like Thailand or Vietnam.

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How to avoid the severe flooding in Japan ? : Over 200 people died in recent floods and landslides

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（From NHK)

Over 200 people have died in floods and landslides triggered by the recent torrential rain in western Japan in July 2018.

It is the highest death toll caused by rainfall that Japan has seen in more than four decades.

In Japan, 1300 municipalities released the hazard maps.

They namely pinpoint locations at risk of floods or landslides.

There was a time when the disclosure of hazard information raised many eyebrows as fanning people’s fears and lowering property values.

But after we saw the recent worst flooding disaster in west of Japan in four decades, this is no longer the case.

In the Mabicho district of Kurashiki, Okayama Prefecture, the flooded areas reportedly corresponded exactly to what the hazard map showed. To date, more than 40 bodies have been recovered from severely flooded residential neighborhoods, now blanketed with mud.

CNN report

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Real Case Study : How viable is buying a property to rent in Japan ? : How to get Financing and Tax implication

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(Yokohama city center)
Evaluating Real Estate as an investment
According to an article in USA today, single-family homes in large U.S. cities have generated returns of about 9% annually on average,
according to the study, which examined results from 1986 to 2014. Yes, there are risks in real estate investment.
Becoming a landlord isn’t without its risks — from bad tenants and periodic market slumps to changing tax laws and natural disasters
such as tsunami and earthquake.
The principle and the mechanism of the real estate investment in Japan is exactly the same
as other countries.In theory, you borrow the money at 3% from a bank and buy the real estate that generates 8% yield.
The spread (in this case 5%) is your profit.
You don’t need the rocket science.   But really ?  Let’s find out how viable it is.
In financial parlance, it is called ‘leveraging’.
Leveraging does not necessarily mean success.
Skeptics about the real estate investment in Japan where the population is
declining and rapidly ageing have lots of ammunition.
Leverage magnifies all of your returns and those returns aren’t always positive!
If you want to make investments where you can expect the appreciation of 20% over next 3 years,
Japan is not your destination.

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