When you sold or inherit land or buildings, you need register the transfer of ownership.
Additionally, when a building is newly constructed, registration of the preservation of ownership is required under the law.
As globalisation progresses, more and more foreign nationals and Japanese nationals who do not have an address in Japan are involved in transactions and inheritances.
In this issue, we will look at the documents (or information) required to apply for registration of transfer of ownership when a foreigner or a person without a Japanese address is a party to the transaction.
In this article, we would like to take a look at the documents (or information) required to apply for registration of a transfer of ownership when a foreigner or a person without a Japanese address is a party to the transaction.
Real Property Registration for foreigner in Japan
CONTENTS
１．Information for an Address Certificate
２．Certificate of Seal Impression
３．Document evidencing change of address of owner
1．Information for an Address Certificate
Information for an Address Certificate
When applying to the Legal Affairs Bureau for registration of transfer of ownership or preservation of ownership, it is necessary to attach information proving the address (Information for an Address Certificate 住所証明情報) of the person entitled to register, such as the buyer or heir.
Certificate of Residence (Juminhyo)
A copy of the Certificate of Residence (Juminhyo 住民票) is a typical example of this proof of address information, but if the person does not have an address in Japan, an alternative document must be submitted.
Below are examples of Information for an Address Certificate for each case.
Do they have addresses in Japan? |
Required Document |
|
|---|---|---|
| Japanese nationals | Yes |
Certificate of Residence |
No |
Certificate of Residence (Zairyu-syomeisho 在留証明書) |
|
Foreign nationals |
Yes |
Certificate of Residence |
No |
Affidavit, etc.* |
Affidavit
* In principle, a foreigner who does not have an address in Japan can use an Affidavit issued by an official or authority of his/her own country (the country of his/her nationality) as Information for an Address Certificate (Civil Affairs Bureau Director-General’s Reply, Civil Affairs Bureau No. 1096, 18 June 1965).
This includes an Affidavit sworn to in front of a notary public of the home country.
(Other official documents issued by foreign governments may also be acceptable as Information for an Address Certificate.)
2．Certificate of Seal Impression
Certificate of Seal Impression
When applying to the Legal Affairs Bureau for registration of transfer of ownership due to a sale and purchase, Certificate of Seal Impression (Inkan-syomeisyo 印鑑証明書) of the seller, who is the person obliged to register, must be attached.
The ‘Certificate of Seal Impression‘ issued by the mayor of the municipality is applicable, however, if you do not have an address in Japan, you need to submit a document in lieu of this.
Please check below for each case:
Do they have addresses in Japan? |
Required Document |
|
|---|---|---|
| Japanese nationals | Yes |
Certificate of Seal Impression |
No |
Certificate of Signature*1 |
|
Foreign nationals |
Yes |
Certificate of Seal Impression |
No |
Affidavit, etc.*2 |
*1 Japanese nationals who do not have an address in Japan may submit Certificate of Signature issued by a Japanese consulate in a foreign country in place of Certificate of Seal Impression (Civil Affairs Bureau Director-General’s Reply, Civil Affairs Bureau No. 1868, 14 September 1954).
Normally, the Certificate of Seal Impression of the person obliged to register must be issued within three (3) months of its issue, but the Certificate of Signature does not have an expiry date.
Some consulates may be able to produce Certificate of Seal Impression, however, in such cases it must be issued within three (3) months.
*2 In principle, a foreigner who has no domicile in Japan may substitute an Affidavit issued by an official or authority of his/her own country (the country of his/her nationality) for a Certificate of Seal Impression (see Notice of 6 August 1984, Civil Affairs Bureau, Third Section, Director, Third Division, Civil Affairs Bureau, No. 3992).
This includes Affidavits sworn in front of and preparesd by a notary public in the home country. The Affidavit must be signed by the person concerned.
3．Document evidencing change of address of owner
Information Certifying the Cause of Registration (Toki-gen-in-syomei-joho)
When an owner changes his or her address, a change of address of the registered owner of the property must be registered.
When applying for this registration, a document certifying the change of address must be attached as Information Certifying the Cause of Registration (Toki-gen-in-syomei-joho 登記原因証明情報).
The following are examples of Information Certifying the Cause of Registration for each case.
Transfer of Address |
Required Document |
|
|---|---|---|
Japanese nationals |
in Japan |
Certificate of Residence |
outside Japan |
Certificate of Residence*1 (Zairyu-syomeisho 在留証明書) |
|
Foreign nationals |
in Japan |
Certificate of Information Recorded on Foreign Residenct Registration File*2 (before 8 July 2012) |
Certificate of Residence (9 July 2012 onwards) |
||
outside Japan |
Affidavit, etc.*3 |
*1 If a Japanese national has moved his or her address more than once in a foreign country, he or she can obtain a certificate of residence issued by a Japanese consulate to prove multiple addresses in the past.
*2 For address transfers in Japan before 8 July 2012, in case where the person concerned makes an application for disclosure of information to the Ministry of Justice, he/she can be issued a Certification of Information Recorded on Foreign Resident Registration File.
For more information on the Certification of Information Recorded on Foreign Resident Registration File, please click here.
*3 Civil Affairs No.1069 of 18 June 1965, Answer by the Director of the Civil Affairs Bureau:
Foreigners do not have a family register and cannot obtain a supplementary copy of their family register, so they must obtain a certificate of removal of their certificate of residence.
This article is based on information available at the time of writing. Please make sure to check the latest legislation.
If you have any inquiry, please feel free to contact us.