This chapter explains the conditions for a home that can be used for minpaku, and the points on area, building, contract, facilities and operations to check, in order, before signing a contract.
Conditions for a "home" usable for minpaku
A minpaku notification can be filed only for a home that meets the following two conditions.
- Facilities: It has a kitchen, bathroom, toilet and washbasin (in some cases, these may be in a separate building on the same site)
- It is a house in which people live or that is meant for living in: It is a house used as a principal residence, a house for which tenants are being sought, or a house in which the owner or others live from time to time
When filing the notification, you may need to submit documents showing that tenants are being sought (such as a copy of the advertisement) or that someone lives there from time to time.
The order to check
- Area: Ward or city ordinances, the zoning district, urbanization control areas and district plans
- Building and contract: Condominium management rules and, if renting, the landlord's consent
- Facilities: Costs of safety measures and fire safety equipment
- Operations: Who will respond on site, and from where
- Profitability: Whether revenue covers costs within the number of days you can operate
Area: ordinances and zoning districts
Even within the same ward, the number of operating days can vary greatly by zoning district. → Operating Days and Areas
In urbanization control areas and district plan areas, a notification may not be possible, or the property may not be usable as the host-absent type. Guidance from Chiba and Saitama Prefectures also asks you to confirm with the responsible section of the city, town or village.
Building: condominium management rules
The national Standard Management Rules for Condominiums (マンション標準管理規約) show both a sample provision stating that minpaku "may be conducted" and one stating that it "must not be conducted." For an owner-occupied condominium, always check that the management rules do not prohibit minpaku.
- When filing the notification, you submit a copy of the management rules
- If the rules say nothing about minpaku, you submit a written pledge or similar document stating that the management association has not resolved on a policy prohibiting minpaku
Contract: the landlord's consent if renting
To run a minpaku in a rented property, you need a letter of consent from the landlord (for a sublease, from both the landlord and the sublessor). The letter must clearly state that the private lodging business may be conducted. A statement that "subleasing is allowed" may not be enough, so check the wording of the document before signing the contract.
Facilities and operations
- Facilities: Depending on the size of the guest rooms and whether the host is present, emergency lighting, automatic fire alarm systems and other equipment may be required. Costs vary greatly by property. → Facilities and Fire Safety
- Operations: The host-absent type must be entrusted to a registered minpaku management company. For responding on site to complaints, many local governments set a guideline such as within 30 minutes. How close the property is to the manager's base is also a factor in choosing a property.
It is safer to sign the property contract only after you have confirmed that the property can be operated.
This page is a translation of our Japanese page. If there is any difference, the Japanese version prevails. Japanese version