Key Takeaways
- There is no single conveyancer. Separate regulated specialists handle the contract and the land registration.
- The statutory Important Matters Explanation must be delivered before you sign the contract.
- The deposit goes directly to the seller. Ordinary resales have no independent escrow.
- The toki register perfects your rights but carries no UK-style state title guarantee.
- Buying from a non-resident seller can trigger a 10.21 per cent withholding on the price.
- A post-acquisition report to the authorities is due within 20 days of acquisition.
- Ownership eligibility, finance and resort choice are covered in our Japan guide.
Japan places no nationality bar on owning property. A buyer from the UK can hold a Niseko apartment or a Hakuba house outright, with the same ownership rights as a Japanese national, though a non-resident owner takes on extra registration and reporting duties that this article covers. The difficulty lies in the execution, which follows rules that differ sharply from the UK system.
This article covers the transaction itself: the specialists involved, the contract sequence, the registration system and the taxes that fall due at purchase. For the wider picture, including whether foreigners can own, how purchases are financed and how the resorts compare, our guide to buying ski property in Japan as a non-resident sets out the foundations.
Why there is no single conveyancer
A UK buyer's first correction is that no single solicitor runs the purchase from offer to registration. The work is split across separate regulated specialists, each responsible for one stage.
The licensed real estate broker (takken gyosha) is regulated under Japan's Real Estate Brokerage Act. The broker must state whether it is acting as principal, as your agent, or as an intermediary between both sides, because that status shapes whose interests it represents.
Within the brokerage, a qualified transaction specialist (takken shi) carries the statutory disclosure. This person delivers the Important Matters Explanation (jūyō jikō setsumei), the formal briefing on the property, before the contract is concluded, as required under Article 35 of the Act. A separate contract-details document follows without delay once terms are agreed, under Article 37.
Registration is handled by a third specialist, the judicial scrivener (shiho-shoshi), licensed by the Ministry of Justice. The scrivener acts as agent for the ownership-transfer registration, checks the parties and the property, and in practice controls the point at which final funds are released. The comparison to a UK solicitor is functional only, because no one person holds the whole transaction.
Do not confuse the judicial scrivener (shiho-shoshi) with an administrative scrivener (gyosei shoshi). They are different professions: the administrative scrivener prepares permits and administrative documents and does not handle property registration.
Important
This article is a briefing on the Japanese purchase process, not legal, tax or currency advice. Have the contract, the disclosure and the registration route checked by your own broker, judicial scrivener and tax adviser.
One practical step matters early. The seller's agent often defaults to its own judicial scrivener, who may not speak English, so a non-resident buyer should secure an English-speaking scrivener at the outset rather than at completion.
From offer to signed contract
One point in the pre-contract sequence is fixed by law: the Important Matters Explanation must be delivered before the sale contract is concluded. The written offer and your own checks are practical steps around that gate, not statutory prerequisites.
Your offer goes to the seller through the broker as a purchase application or letter of intent (kaitsuke shōmeisho or mōshikomisho). It sets out price and terms before any binding document is drawn up.
Before any binding contract, the transaction specialist delivers the Important Matters Explanation. It discloses zoning, boundaries, building-coverage and floor-area ratios, private-road contributions, infrastructure and use restrictions. It can now be given online, which helps an offshore buyer who wants to minimise travel.
Any buyer can obtain a certificate of registered matters (tōki jikō shōmeisho) from the Legal Affairs Bureau, showing the registered owner and any mortgages or other rights, for a small fee, around ¥600 on paper and less online. It is issued in Japanese only. The government's Real Estate Information Library adds transaction prices, published land values and hazard maps as a cross-check.
Only after the disclosure has been delivered can the binding sale contract (baibai keiyakusho) be concluded. This is the document that commits both sides to the transaction.
The principle of checking title, planning and condition before you commit is the same in any market, and our guide to due diligence before buying ski property covers it in general terms. The toki certificate and the Japanese zoning ratios above are the country-specific part.
Beyond the register, have a bilingual lawyer or independent adviser read the contract and disclosure before you sign. For a flat, that means checking the management rules, the reserve fund and any letting restrictions.
The deposit, and why there is no escrow
On signing, you pay a deposit (tetsukekin), an amount negotiated and set in the contract, commonly 5 to 10 per cent of the price. In an ordinary resale it goes directly to the seller, by cash or wire, and is credited against the price at completion.
There is no independent third-party escrow in a standard resale. The protection is contractual, through the deposit's cancellation mechanism: if you withdraw without valid cause you forfeit the deposit, and if the seller pulls out they must return double. That cancellation right is available only until the other party has begun performing the contract, under Article 557 of the Civil Code.
Because the money sits with the seller rather than in escrow, recovering it from a seller who defaults is your own risk. Forfeiting a deposit this way is one of the ways a Japanese purchase can collapse, a theme our guide to why ski property purchases fall through covers across markets.
Important
Do not assume every deposit is protected by statute. A separate deposit-preservation regime under the Real Estate Brokerage Act applies mainly where the broker is itself the seller, as in new-build and developer sales above set thresholds.
In an ordinary private resale it generally does not apply, so the contract's cancellation terms are your safeguard. Confirm the position with your broker before you pay.
Completion day and moving your money
Completion in Japan is a same-day convergence rather than a solicitor's completion statement. The final balance, the tax handling and the registration paperwork all come together on one day.
By market convention you pay the balance only once the judicial scrivener is satisfied that the ownership-transfer filing can be lodged that same day. That sequencing reduces timing risk, but it does not guarantee registration or clean title, so release funds only when the scrivener confirms the agreed completion conditions are met.
A non-resident cannot use a registered personal seal (jitsuin), the hanko that Japanese parties use to execute documents. A notarised affidavit or statutory declaration of your identity and signature is the usual substitute. The exact document, its wording, the notarisation and any translation depend on your circumstances and the registration office, so confirm them with your scrivener well before completion, as arranging notarisation late adds delay.
The purchase is usually a cash transaction funded from the UK, so converting sterling into yen becomes a real cost and timing question. How buyers fund and time that transfer sits in our currency exchange guide and in the finance section of the Japan guide, rather than here.
One reporting point is easy to miss at this stage. Where a resident receives more than the equivalent of about ¥30 million from a non-resident in a single transaction, Japanese rules can require a separate payment or receipt report. It falls on the resident recipient rather than on you as the buyer, but it is worth knowing that it is distinct from the post-acquisition report covered below.
Budget for closing costs beyond the price. The judicial scrivener's fee has no fixed statutory scale and varies with the property's value and the complexity of the transfer.
Each side pays its own broker under its own brokerage agreement, rather than a single commission split across buyer and seller. The law caps what a broker may charge its own client: for a property above ¥8 million, that ceiling is 3 per cent of the tax-exclusive price plus ¥60,000, plus consumption tax.8
The toki register: what it does and does not guarantee
Registration in Japan is called tōki, handled by the Legal Affairs Bureau (Hōmukyoku) under the Ministry of Justice.1 It works differently from the system a UK buyer knows, and that difference is worth understanding before you rely on it.
Japan runs a public-notice and priority system. Registering your purchase perfects your ownership against third parties under Article 177 of the Civil Code, and priority generally goes to whoever registers first. Ownership itself can pass by agreement, so registration is about making your right enforceable against others rather than the moment you become owner.
Registration does not guarantee that the seller truly owned what they sold.2 Registered rights are only presumed valid, and there is no state indemnity if the register turns out to be wrong. This is the sharpest break from England and Wales, where HM Land Registry title carries a state guarantee and compensation for loss caused by a register mistake; Scotland and Northern Ireland run their own separate registers.
Land and buildings are registered separately as distinct property, so a house and its plot are two records, not one. Each record shows ownership in section A (kō-ku) and other rights, such as mortgages and leases, in section B (otsu-ku).
The ordinary title extract does not settle every physical boundary, so where access, rebuilding or an extension depends on where the line falls, commission a separate boundary survey before you sign.
| Feature | Japan (toki register) | England and Wales (HM Land Registry) |
|---|---|---|
| Legal effect of registration | Makes your ownership enforceable against third parties; first to register takes priority | Establishes and records your legal title as the recognised owner |
| Title guarantee | Registered rights are only presumed valid; no state guarantee and no indemnity for register error | Title is state-guaranteed, with statutory compensation for loss from a register mistake |
| Land and building | Registered separately, as two distinct records | Land and any buildings usually sit under a single title |
| Boundaries | The ordinary title extract does not settle every physical boundary; a separate demarcation process exists | The title plan shows general boundaries, not exact lines |
| When ownership passes | Can pass by agreement; registration governs enforceability, not the moment of transfer | The register is the definitive record of legal ownership |
In practice the seller and buyer apply jointly for the ownership transfer, usually through the scrivener. There is no fixed national standard for how long this takes: each Legal Affairs Bureau posts its own estimated completion date, commonly around one to two weeks but varying with the office and its workload. Once it completes, you are issued registration identification information (tōki shikibetsu jōhō) confirming the change.
Since 1 April 2024, when a foreign individual registers ownership, the name is recorded in Japanese characters and in the Roman alphabet in capitals, with supporting evidence for the spelling.3 Fix the exact form of your name early and keep it identical across your passport, the contract, the remittance, the affidavit and the register. A mismatch between documents is a common cause of delay, so your scrivener will confirm the evidence needed.
Because you have no Japanese address, you supply a certificate of address or a notarised affidavit in place of a residence-register copy (jūminhyō), and usually a copy of your passport. Since 1 April 2024, the ownership-registration application must also give a domestic contact in Japan, a person or company who can be reached about the property, or record that there is none.
Ownership then carries an ongoing duty: from 1 April 2026 an owner must register any change of name or address within two years, and overseas owners cannot use the automatic online update route open to Japan-resident owners, so agree an update process with your scrivener.
Tax and reporting at the point of purchase
Several tax and reporting steps fall due around the purchase. Keep three of them separate, because they work differently and a cash buyer most often trips on the last.
First come the purchase taxes. Stamp tax applies to the sale contract on a banded scale set by the price.4 Registration and licence tax is charged when ownership is registered, calculated on the property's fixed-asset assessed value, usually lower than the price you pay; a reduced rate of 1.5 per cent applies to land transfers, extended to 31 March 2029 by the 2026 tax reform.5
Consumption tax does not apply to land. A building carries it only where the seller is a business selling in a taxable transaction, not on an ordinary private resale. Current rates change over time, so confirm the position with your adviser.
A separate real estate acquisition tax, levied by the prefecture, is billed after completion rather than at closing, and the timing varies by prefecture. In Hokkaido, home to Niseko and Furano, the notice for land generally arrives about three months after registration. Set aside a reserve for it, and note that relief procedures vary by property and relief, some applied automatically and others requiring an application.
The rates and reliefs sit in the Japan guide and in our guide to the costs buyers often miss.
Second is the withholding that applies when the seller is a non-resident. In that case the buyer generally has to withhold 10.21 per cent of the price and remit it to the tax office.6 Whether the duty falls on you depends on how and where you pay.
A payment made in Japan must be remitted by the tenth day of the month after payment. A qualifying payment made from abroad, where you have a home, residence or office in Japan, must be remitted by the last day of the month after payment.
The obligation is waived only where an individual is buying for their own or a relative's residence and the price is ¥100 million or less, an exemption that seldom reaches a higher-value ski purchase.
This affects the cash you need at closing, so establish the seller's residence status early and confirm the treatment with your adviser.
Third comes the reporting step, under the Foreign Exchange and Foreign Trade Act (FEFTA). FEFTA applies its own test for who counts as a non-resident, which need not match nationality, visa status or tax residence, and a UK buyer visiting to purchase is normally a FEFTA non-resident.
Important
Under FEFTA, a non-resident who acquires real property in Japan files a post-acquisition report. It goes to the Minister of Finance through the Bank of Japan, within 20 days of the acquisition, written in Japanese.7 There is no monetary threshold, and each joint owner files separately.
The acquisition date is not fixed by statute and may be taken as the contract date or the ownership-transfer date. Diary the earliest of these and file against it.
From 1 April 2026 the exemption for acquiring a residential property was removed, so acquiring the property itself is reportable. The remaining exemptions reach only certain rights, such as a leasehold, and only for a genuine home, a non-profit use or your own office. A ski property is a second or holiday home, which the Ministry of Finance expressly excludes from residential use, so you must file the report.
Confirm your position with a tax adviser. Failing to file, or filing falsely, can carry up to six months' imprisonment or a fine of up to ¥500,000.
A Japan-resident agent may submit the FEFTA report to the Bank of Japan on your behalf. A tax agent (nōzei kanrinin) is a separate appointment for national-tax filings and withholding, needed where those apply rather than automatically for every buyer. Capital gains tax and the full detail of the acquisition tax sit with the Japan guide.
Resort-level checks before you sign
National law is only the base layer. Ski-resort municipalities add their own planning, landscape and disaster-prevention controls, and these are exactly the kind of local rule the Important Matters Explanation should surface. Ask the broker for the precise ordinance names and the hazard and planning maps for the specific plot.
In Niseko Town, building guidelines can apply to development regardless of size or use, so confirm their current scope with the town. Neighbouring Kutchan brought in a land-use regulation in October 2023 restricting building use, scale and design, and has continued to tighten its building controls since. If you intend to build or extend, these shape what is possible before you commit, so confirm the current rules with the municipality.
Hakuba can require advance reporting to the village for changes to a building's external appearance that fall under the Landscape Act. A buyer planning to re-clad, repaint or extend after completion can be caught by this, so check it before you sign rather than after.
Nozawa Onsen sets village rules on land development and on mid and high-rise buildings, framed around the environment and disaster prevention. Treat each of these as a due-diligence question for the specific property, and confirm the local rules with the municipality or your broker. Where you are still choosing between areas, our comparison of Niseko and Hakuba weighs them side by side.
Important
This article is for general information and does not replace professional advice. SnowOnly can help you find the right specialist.
Frequently Asked Questions
Do I need a lawyer to buy property in Japan?
Not in the UK sense of a single solicitor running the purchase. The contract stage is handled by a licensed broker and a qualified transaction specialist, and registration by a judicial scrivener. The comparison to a UK solicitor is functional only, so most non-resident buyers also engage their own adviser to oversee the whole process.
What does a judicial scrivener do?
The judicial scrivener (shiho-shoshi) acts as agent for the ownership-transfer registration, checks the parties and the property, and in practice controls the point at which final funds are released. It is a different profession from the administrative scrivener (gyosei shoshi), who handles permits and administrative paperwork rather than property registration.
How much deposit do I need?
The deposit (tetsukekin) is negotiated and set in the contract, commonly 5 to 10 per cent of the price. In an ordinary resale it is paid directly to the seller and credited against the price at completion, so confirm the exact figure and terms in the contract.
Is my deposit protected if the deal falls through?
Ordinary resales have no independent escrow. Your protection is contractual: if you withdraw without valid cause you forfeit the deposit, and if the seller pulls out they return double, but this cancellation right lasts only until the other party has begun performing the contract. A separate statutory preservation regime applies mainly where the broker is itself the seller, as in new-build sales, so check the position with your broker before you pay.
Does the register prove I own the property?
Registration perfects your right against third parties, but it does not guarantee that the seller truly owned what they sold. Registered rights are only presumed valid, and there is no state indemnity for a register error. This differs from England and Wales, where HM Land Registry title carries a state guarantee; Scotland and Northern Ireland have their own separate registers.
Do I have to report anything to the authorities after buying?
Yes. A non-resident who acquires real property files a post-acquisition report to the Minister of Finance through the Bank of Japan, within 20 days, in Japanese, and each joint owner files separately. Since 1 April 2026 acquiring the property itself is reportable, and a ski home is a second home that does not qualify for the remaining exemptions, so you must file and should confirm the detail with a tax adviser.
If you are still mapping the buying journey, our five step guide to buying ski property sets out the cross-market process from search to completion. To see how a different market handles the same transaction, our guide to the Italian buying process for ski property makes a useful comparison.
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1. Ministry of Justice: Real Property Registration (tōki) system and the Legal Affairs Bureau, Government of Japan.
2. Baker McKenzie: Japan real estate law, on Civil Code Article 177 perfection and the absence of a state title guarantee, Global Corporate Real Estate Guide.
3. Ministry of Justice registration rule (April 2024): Romanised-name recording for foreign individual owners. Via Karma Legal Japan.
4. National Tax Agency, No. 7108: stamp tax reduced schedule for property transfer contracts, Government of Japan.
5. National Tax Agency, No. 7191: registration and licence tax charged on the fixed-asset assessed value. The 1.5 per cent land reduced rate and its extension to 31 March 2029 are set out in the Ministry of Finance FY2026 tax-reform outline.
6. National Tax Agency, No. 2879: withholding on purchase of land etc. from a non-resident, including the 10.21 per cent rate and the ¥100 million own-residence exemption.
7. Ministry of Finance: FEFTA real-property post-acquisition reporting, direction, 20-day deadline and 2026 scope change, Government of Japan.
8. Ministry of Land, Infrastructure, Transport and Tourism: real-estate brokerage commission caps, Government of Japan.