Chapter I Building Unit Ownership (Articles 1 to 16)
The law as Act Partially Amending the Act on Building Unit Ownership, etc. to Facilitate Management and Revitalization of Aging Condominiums, etc. (Act No. 47 of 2025) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Chapter I Building Unit Ownership第一章 建物の区分所有
Section 1 General Provisions第一節 総則
Article 1第一条
Building Unit Ownership(建物の区分所有)
Article 1, paragraph (1)
If there are multiple portions into which a single building is structurally divided that can be used as independent residences, stores, offices, warehouses, or other buildings, each of those portions may be made the subject of ownership, pursuant to the provisions of this Act.
The term "unit ownership" as used in this Act means ownership whose subject is a portion of a building provided for in the preceding Article (excluding a portion that has been established as a common area pursuant to the provisions of Article 4, paragraph (2)).
The term "unit owner" as used in this Act means a person with unit ownership.
この法律において「区分所有者」とは、区分所有権を有する者をいう。
Article 2, paragraph (3)
The term "exclusively-owned area" as used in this Act means a portion of a building that is the subject of unit ownership.
この法律において「専有部分」とは、区分所有権の目的たる建物の部分をいう。
Article 2, paragraph (4)
The term "common area" as used in this Act means a portion of a building that is not an exclusively-owned area; an appurtenance to a building that is not a part of an exclusively-owned area; or an attached building that has been established as a common area pursuant to the provisions of Article 4, paragraph (2).
The term "grounds of a building" or "building's grounds" as used in this Act means the land on which a building is located and the land that has been established as part of the grounds of the building pursuant to the provisions of Article 5, paragraph (1).
The term "right to use the grounds" as used in this Act means the rights associated with the grounds of a building due to ownership of an exclusively-owned area.
この法律において「敷地利用権」とは、専有部分を所有するための建物の敷地に関する権利をいう。
Article 3第三条
Association of Unit Owners(区分所有者の団体)
Article 3, paragraph (1)
All of the unit owners together may organize an association to manage the building, its grounds, and its attached facilities and, pursuant to the provisions of this Act, may hold meetings, establish bylaws, and appoint a manager. The same applies if a common area that should clearly be available for the common use of only some of the unit owners (hereinafter referred to as a "private common area") is managed by those unit owners.
A corridor or staircase leading to multiple exclusively-owned areas, or any other portion of the building that, due to its structure, should be available for the common use of all or some of the unit owners, is not to be made the object of unit ownership.
The bylaws may establish that a portion of a building or an attached building provided for in Article 1 is a common area. In such a case, that portion of the building or that attached building may not be asserted against a third party as a common area unless it has been registered as such.
Specification of the Grounds of the Building by the Bylaws(規約による建物の敷地)
Article 5, paragraph (1)
The bylaws may establish that a garden, passage, or other land managed or used by a unit owner as an integral part of the building or of the land on which the building is located is part of the grounds of the building.
If land on which a building is located has become land that does not constitute that on which the building is located due to the partial destruction of the building, it is deemed to have been established as the grounds of the building by the bylaws pursuant to the provisions of the preceding paragraph. The same applies if part of the land on which a building is located has become land that does not constitute that on which the building is located due to the division of the land.
Article 5-2, paragraph (1)(区分所有者の責務)Responsibilities of Unit OwnersAdded
As members of the association prescribed in Article 3, unit owners must cooperate with one another so that the management of the building and its grounds and attached facilities (or, in the case referred to in the second sentence of that Article, the private common area) is carried out properly and smoothly.
A unit owner must not perform an act that is harmful to the preservation of the building or any other act that goes against the common interest of the unit owners in connection with the management or use of the building.
Article 6, paragraph (2)(区分所有者の権利義務等)(Rights and Obligations of Unit Owners)Changed
Within the scope necessary to preserve or improve an exclusively-owned area or a common area, a unit owner may request to use the exclusively-owned area of another unit owner or to use a common area not under their ownership, or to preserve these areas themselves. In such a case, if another unit owner incurs damage, the requesting unit owner must pay them compensation.
The provisions of paragraph (1) apply mutatis mutandis to a possessor of an exclusively-owned area who is not a unit owner (hereinafter referred to as the "possessor").
第一項の規定は、区分所有者以外の専有部分の占有者(以下「占有者」という。)に準用する。
Article 6, paragraph (4)(区分所有者の権利義務等)
The provisions of Article 264-8 and Article 264-14 of the Civil Code (Act No. 89 of 1896) do not apply to exclusively-owned areas and common areas.
If a unit owner does not have, or will cease to have, an address or residence in Japan (or, for a corporation, its head office or principal office; hereinafter the same applies in this paragraph and paragraph (3)), the unit owner may appoint an administrator from among persons who have an address or residence in Japan, to have the administrator perform the affairs concerning the management of the unit owner's exclusively-owned area and common areas.
An administrator appointed pursuant to the provisions of the preceding paragraph (referred to as a "domestic administrator" in the following paragraph and paragraph (4)) has the authority to perform the following acts:
an act for the purpose of using or improving the exclusively-owned area, to the extent that it does not change the nature of the exclusively-owned area;
performance of obligations owed to other unit owners with regard to the common areas, the grounds of a building, or attached facilities of the building other than common areas, or of obligations owed to other unit owners based on the bylaws or a resolution at a meeting.
If a unit owner has appointed a domestic administrator pursuant to the provisions of paragraph (1), and there is a manager or an incorporated management association exists, the unit owner must notify the manager or the incorporated management association without delay of the fact that they have appointed a domestic administrator, and of the name and the address or residence of the domestic administrator.
Beyond what is prescribed in paragraph (2), the relationship between a unit owner and the domestic administrator is governed by the provisions on mandate.
区分所有者と国内管理人との関係は、第二項に定めるもののほか、委任に関する規定に従う。
Article 7第七条
Statutory Liens(先取特権)
Article 7, paragraph (1)
A unit owner holds a statutory lien on the debtor's unit ownership (including the rights related to the common areas and the right to use the grounds) and on the movables with which they have furnished the building in connection with a claim that involves a common area, the grounds of the building, or attached facilities of the building other than a common area, or in connection with a claim that the unit holder holds against another unit owner based on the bylaws or a meeting resolution. The same applies to a claim that the manager or incorporated management association holds against a unit owner and that involves the manager's or association's performance of their duties or work.
The statutory lien referred to in the preceding paragraph is deemed to be a statutory lien on the expenses for common benefits in terms of its order of priority and its effect.
前項の先取特権は、優先権の順位及び効力については、共益費用の先取特権とみなす。
Article 7, paragraph (3)
The provisions of Article 319 of the Civil Code apply mutatis mutandis to the statutory lien referred to in paragraph (1).
民法第三百十九条の規定は、第一項の先取特権に準用する。
Article 8第八条
Liability of a Specific Successor(特定承継人の責任)
Article 8, paragraph (1)
The claims provided for in paragraph (1) of the preceding Article may be exercised against the specific successor of the unit owner who is the debtor.
前条第一項に規定する債権は、債務者たる区分所有者の特定承継人に対しても行うことができる。
Article 9第九条
Presumption on Defects in the Erection or Preservation of Buildings(建物の設置又は保存の瑕疵に関する推定)
Article 9, paragraph (1)
If a defect in the erection or preservation of a building has caused damage to other persons, the defect is presumed to exist in the erection or preservation of the common areas.
Right to Demand the Sale and Transfer of Unit Ownership(区分所有権売渡請求権)
Article 10, paragraph (1)
If there is a unit owner who does not have the right to use the grounds, a person who has the right to request the removal of the owner's exclusively-owned area may request that the owner should sell and transfer their unit ownership at its market value.
Common areas are co-owned by all the unit owners; provided, however, that a private common area is co-owned by the unit owners who should have common use of it.
The provisions of the preceding paragraph do not preclude any provisions to the contrary in the bylaws; provided, however, that except in the case referred to in Article 27, paragraph (1), a person other than a unit owner may not be established as an owner of a common area.
The provisions of Article 177 of the Civil Code do not apply to a common area.
民法第百七十七条の規定は、共用部分には適用しない。
Article 12第十二条
Article 12, paragraph (1)
If a common area is co-owned by some or all of the unit owners, co-ownership of that common area is governed by the provisions of the following Article through Article 19.
Each co-owner may use a common area in accordance with the purpose of its use.
各共有者は、共用部分をその用方に従つて使用することができる。
Article 14第十四条
Proportion of Shares in a Common Area(共用部分の持分の割合)
Article 14, paragraph (1)
Each co-owner's share in a common area is proportionate to the floor area of the exclusively-owned area the co-owner owns.
各共有者の持分は、その有する専有部分の床面積の割合による。
Article 14, paragraph (2)
The preceding paragraph being the case, if a private common area (excluding one that is an attached building) has a floor area, the floor area of that private common area is to be divided in proportion to the floor area of the exclusive area held by each unit owner who should have common use of that private common area, and this is to be included in the calculation of the floor area of each unit owner's exclusively-owned area.
The floor area referred to in the preceding two paragraphs is calculated as the horizontally projected area of the part that is bounded by the inner lines of the walls and other partitions.
前二項の床面積は、壁その他の区画の内側線で囲まれた部分の水平投影面積による。
Article 14, paragraph (4)
The provisions of the preceding three paragraphs do not preclude any provisions to the contrary in the bylaws.
前三項の規定は、規約で別段の定めをすることを妨げない。
Article 15第十五条
Disposal of Shares in a Common Area(共用部分の持分の処分)
Article 15, paragraph (1)
A co-owner's share in a common area follows any disposition of the exclusively-owned area they own.
共有者の持分は、その有する専有部分の処分に従う。
Article 15, paragraph (2)
Unless otherwise provided for in this Act, a co-owner may not dispose of their share separately from the exclusively-owned area they own.
The part of the management of a private common area that is related to the interests of all unit owners or that is provided for in the bylaws under Article 31, paragraph (2) is carried out by all unit owners, and all other management of that private common area is carried out only by the unit owners who should have common use of it.