Articles in English

Japanese property, inheritance and family law ― explained for non-Japanese readers

Plain-language explanations of how things work in Japan: buying and owning real estate, what happens when someone dies, and divorce. Written by a licensed real-estate transaction specialist and administrative scrivener, then translated from the Japanese originals.

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About this translation ― This page is an English translation of an article originally written in Japanese by KuraLab's operator, a licensed real-estate transaction specialist (宅地建物取引士) and administrative scrivener (行政書士) in Japan. The Japanese original is the authoritative text; where the two differ, the Japanese version prevails. The article explains Japanese law and procedure in general terms as of the date shown. It is not legal, tax or immigration advice for your situation ― please confirm with a licensed professional in Japan. Japanese terms are kept in parentheses so you can search for them.

• Japan now asks for your nationality when you register real estate (from 5 October 2026) ― it applies to Japanese citizens too, it is not shown on the public record, and you must file it even if you live abroad ― From 5 October 2026, anyone who becomes the registered owner of real estate in Japan ― by purchase, inheritance, gift or new construction ― must declare their nationality (国籍等) as part of the registration application. It is not a rule for foreigners only: Japanese citizens declare "Japan". The nationality is kept as internal information at the Legal Affairs Bureau and does not appear on the certificate of registered matters (登記事項証明書) that anyone can obtain. If you leave it out, the bureau will ask you to correct the application. This article explains what documents to attach, what happens if you live overseas, and whether existing owners need to do anything, based on the Ministry of Justice circular.
• How to read a certificate of registered matters ― the heading section, Section A and Section B tell you the "now" of a property ― The certificate of registered matters (登記事項証明書, formerly the registry transcript or 登記簿謄本) is the identity document of a piece of real estate. The heading section gives the physical facts, Section A (甲区) the history of owners, Section B (乙区) mortgages and other security interests. This article covers how to obtain one and what it costs, the difference between a lot number and a street address, where to look for inheritance, sale and boundary questions, and what an underlined entry means.
• Real estate acquisition tax and registration and licence tax ― the two taxes you pay when you acquire real estate ― You bought real estate, received it as a gift, or inherited it. Two taxes attach to the act of acquiring it: the prefectural real estate acquisition tax (不動産取得税) and the national registration and licence tax (登録免許税) paid when you register. For an inheritance, the acquisition tax is exempt and the registration tax is 0.4%. For a gift or a sale, both apply and the rates are higher. This article sets out the rates by cause of acquisition, the reductions for housing, and the exemption for inheritance registration of land valued at 1,000,000 yen or less, as of September 2026.
• The residential land special rule for fixed asset tax, and city planning tax ― the truth about "demolish the house and the tax goes up sixfold" ― Land with a house on it has its fixed asset tax (固定資産税) reduced by up to one sixth and its city planning tax (都市計画税) by up to one third. This is the residential land special rule (住宅用地の特例). Demolish an old family home and the special rule falls away, which is why people say "the tax goes up sixfold", but the real increase depends on the property. This article explains how the rule works, the 200 square metre line, how a recommendation on a poorly managed vacant house removes the rule, what city planning tax is for, and how to use the 1 January assessment date.
• The cap on brokerage fees ― the "3% + 60,000 yen" calculation and the special rule for properties of 8,000,000 yen or less ― The brokerage fee (仲介手数料) you pay a real estate company on a sale or purchase has a legal ceiling. For a price above 4,000,000 yen, it is "price × 3% + 60,000 yen" plus consumption tax. That is a ceiling, not a fixed price. This article explains the calculation, the amount on a 30,000,000 yen property, the special rule for low-priced properties of 8,000,000 yen or less expanded in July 2024 (up to 300,000 yen), when the fee is paid, what "double-ended" brokerage means, and the reality of negotiating a discount.
• How to read the explanation of important matters for a second-hand house ― the 9 items a licensed real estate agent always checks before the contract ― When you buy a second-hand house, a licensed real-estate transaction specialist (宅地建物取引士) gives you an "explanation of important matters" (重要事項説明) before the contract. Where in the document of several dozen pages should you look? Registration, statutory restrictions, private roads, utilities, building condition survey, flood risk, liability for non-conformity, earnest money and the loan clause, and condominium management. This article sets them out in the order a licensed agent actually reads them.
• Earnest money and contract cancellation ― what happens when you want to back out of a real estate sale ― What is the earnest money (手付金) paid at the contract for? Cancellation by forfeiting the earnest money or by returning double, the "commencement of performance" that ends that option, unwinding the contract under the loan clause, penalties, and when cooling-off applies. This article sets out what happens when someone wants to back out of a real estate sale, from the practical viewpoint of a licensed real estate agent.
• Zoning districts, building coverage ratio and floor area ratio ― how big a house can be built on that land ― Two plots of the same 100 square metres can allow houses of very different sizes depending on where they are. The 13 zoning districts (用途地域) decide "what may be built", and the building coverage ratio (建ぺい率) and floor area ratio (容積率) decide "how much may be built". This article explains the mechanism with a worked example, the corner-lot relaxation, height limits and how to look things up, from the practical viewpoint of a licensed real estate agent.
• The road access requirement and non-rebuildable land ― what "2 metres onto a road" means, and what you can do with land that cannot be rebuilt on ― To build, a site must adjoin a road at least 4 metres wide along at least 2 metres. Why does "non-rebuildable" (再建築不可) land that fails this road access requirement (接道義務) arise, what can be done with it, and how can the problem be resolved? This article covers the types of road under the Building Standards Act, setbacks and permission under Article 43, from the practical viewpoint of a licensed real estate agent.
• Buy a second-hand condominium by looking at its "management" ― the 5 numbers in the important matters investigation report, and the truth about the unit that is 2,000,000 yen cheaper ― The price of a second-hand condominium is set by size and distance from the station, but what you spend after moving in is set by management. The balance of the repair reserve fund, arrears across the whole building, the long-term repair plan, planned lump-sum levies or increases, and the seller's own arrears. Through the broker, much of this can be learned from the "important matters investigation report" (重要事項調査報告書) prepared by the management company. The national management plan certification standards also serve as a yardstick (under review as of October 2026). The ten-year outlay on the unit that is 2,000,000 yen cheaper is laid out in a table.
• The duty to register address changes (from April 2026) ― if you move, update your real estate registration within 2 years ― Following inheritance registration, from 1 April 2026 registering a change of a real estate owner's address or name also became compulsory. If your address or name changes through a move or marriage, register within 2 years; neglect it and you face a non-penal fine (過料) of up to 50,000 yen. Changes that occurred before the duty began are also covered, with a deadline of the end of March 2028. This article explains the system under which the Legal Affairs Bureau links to the Basic Resident Register network and updates the register by its own authority ("smart change registration"), how to apply and what it costs, and the relationship with inheritance registration.
• Taxes when you sell real estate ― calculating capital gains, and the "5% rule" for land whose purchase price is unknown ― When you sell land or a house, tax is charged not on the sale price but on the "profit". The capital gains (譲渡所得) formula, the tax rate that changes at five years of ownership, the deemed acquisition cost (5%) for inherited land whose purchase price is unknown, the 30,000,000 yen deduction for your own home, and the addition of inheritance tax to acquisition cost. This article sets out the numbers you should know before selling, from the practical viewpoint of a licensed real estate agent.
• Leasehold basics ― ground rent, renewal and the landlord's reversion: what differs between the side that lends the land and the side that borrows it ― "Leased land" (借地) is where your own house stands on someone else's land. The difference between ordinary and fixed-term leasehold rights under the Act on Land and Building Leases (借地借家法), a guide to ground rent, renewal fees and consent fees, the leasehold ratio in inheritance tax valuation, and why the landlord's reversion (底地, the lender's land) is worth so little. This article sets out the premises for deciding whether to keep leasing land or sell it.
• Who the heirs are and the statutory shares ― spouse, children, parents, siblings: who inherits how much ― When there is no will, who becomes an heir and in what proportions is the estate divided? The spouse is always an heir; the order of children, parents and siblings; representation (代襲相続); adopted children and children of a former spouse; a common-law spouse; half-blood siblings. This article sets out the "range of heirs", the first thing to settle in any inheritance consultation, with a worked example.
• The overall picture and deadlines of inheritance procedures ― from the death notification to inheritance registration three years later, what to do by when ― After someone dies, the procedures are dealt with in order of deadline. The death notification within 7 days, pension and insurance notifications within 14 days, renunciation of inheritance within 3 months, the quasi-final tax return within 4 months, the inheritance tax return within 10 months, inheritance registration within 3 years. This article puts the whole on one timeline and sets out, for each procedure, who you file what with, and which article on this site covers it in detail.
• Compulsory inheritance registration ― how to tell an inheritance you can register yourself from one you should hand to a professional ― Inheritance registration (相続登記) has been compulsory since April 2024. This article sets out the deadline and the fine, the typical cases where applying yourself is enough, and the line beyond which you should hand the matter to a professional without hesitation, from the practical viewpoint of an administrative scrivener (行政書士).
• The deadline and procedure for renouncing an inheritance ― how to count the 3 months, what you must not do, and what remains after renunciation ― "Renunciation of inheritance" (相続放棄) is for when you do not want to take over debts or real estate you cannot manage. This article covers the petition to the family court, when the 3-month deliberation period starts, extending the deadline, acts that invalidate a renunciation, where the right of inheritance passes after renunciation, and the duty of preservation after the 2023 amendment.
• Types of wills and how to choose ― holographic, notarised and secret wills: requirements, costs, and who each suits ― There are three forms of will. The holographic will (自筆証書遺言) you write yourself, the notarised will (公正証書遺言) drawn up by a notary, and the rarely used secret will (秘密証書遺言). This article sets out the requirements of each (one missing and it is void), the costs, whether probate is needed and who each suits, and the three things to decide before you write a will: the list of assets, who gets what, and the executor.
• The inheritance tax basic deduction and whether you need to file ― work out in 10 minutes whether your family owes inheritance tax ― Inheritance tax applies only to families whose estate exceeds "30,000,000 yen + 6,000,000 yen × the number of statutory heirs". This article covers how to calculate the basic deduction (基礎控除), what counts as part of the estate and what does not, how to get a rough land valuation, and the trap of special rules that "require a return even when the tax is zero". It is written from the standpoint of an administrative scrivener and licensed real estate agent, as groundwork before consulting a tax accountant.
• International divorce basics ― which country's law governs the divorce, child removal and the Hague Convention ― When one spouse is a foreign national, or lives abroad, a Japanese divorce by agreement (協議離婚) is not always available. This article sets out how the applicable law (準拠法) is determined, whether a Japanese divorce by agreement is recognised abroad (recognition by the other country), the Hague Convention (return of the child) when a child is brought back to Japan without consent, what can be done at Japanese embassies and consulates, and how to find a professional who handles cross-border divorce.