Act on Building Unit Ownership

If a building with exclusively-owned areas has been destroyed, and the right to use the grounds pertaining to that building with exclusively-owned areas was ownership or any other right held by multiple persons, a resolution to the effect that the land related to the co-ownership interest in the grounds, etc. (including rights related to it) is to be sold (hereinafter referred to as a "resolution to sell the grounds" in this Article and paragraph (1) of the following Article) may be adopted at a meeting of co-owners of the grounds, etc. by at least a four-fifths majority of the voting rights of the co-owners of the grounds, etc.

A resolution to sell the grounds must establish the following matters:

the name of the person who is to be the counterparty to the sale; and

the expected amount of the price from the sale.

The provisions of Article 63 (excluding the second sentence of paragraph (5) and paragraph (6)), Article 64, and paragraphs (4) through (8) of the preceding Article apply mutatis mutandis to a resolution to sell the grounds. In such a case, the term "meeting" in Article 63, paragraph (1) is deemed to be replaced with "meeting of co-owners of the grounds, etc. (meaning the meeting of co-owners of the grounds, etc. prescribed in Article 74, paragraph (1); the same applies in the following paragraph)", and the term "unit owners" in that paragraph is deemed to be replaced with "co-owners of the grounds, etc. (meaning the co-owners of the grounds, etc. prescribed in Article 72; the same applies in this Article and the one after it)"; the phrase "in the reconstruction" in that paragraph, paragraphs (2) and (4) of that Article, the first sentence of paragraph (5) of that Article, and Article 64 is deemed to be replaced with "in the sale"; the term "meeting" in Article 63, paragraph (2) is deemed to be replaced with "meeting of co-owners of the grounds, etc."; the term "unit owner" in paragraphs (2) through (4) of that Article, the first sentence of paragraph (5) of that Article, and Article 64 is deemed to be replaced with "co-owner of the grounds, etc."; the phrase "purchase the unit ownership or the rights to use the grounds" in the first sentence of that paragraph is deemed to be replaced with "purchase the co-ownership interest in the grounds, etc. (meaning the co-ownership interest in the grounds, etc. prescribed in Article 72; the same applies in this Article and the one after it)", and the phrase "their unit ownership and the rights to use the grounds at their market value" in that sentence is deemed to be replaced with "their co-ownership interest in the grounds, etc. at its market value"; the phrase "demolition work on the building has not commenced" in Article 63, paragraph (7) is deemed to be replaced with "there has been no transfer of rights to the land related to the co-ownership interest in the grounds, etc. (including rights related to it) under a sales contract (hereinafter referred to as a 'transfer of rights to the land, etc.' in this paragraph and the following paragraph)"; the phrase "unit ownership or rights to use the grounds" in that paragraph and Article 64 is deemed to be replaced with "co-ownership interest in the grounds, etc."; the phrase "not commencing the demolition work on the building" in the proviso to that paragraph is deemed to be replaced with "there having been no transfer of rights to the land, etc."; the phrase "the commencement of demolition work on the building" in Article 63, paragraph (8) is deemed to be replaced with "the transfer of rights to the land, etc.", and the phrase "demolition work on the building has not commenced" in that paragraph is deemed to be replaced with "there has been no transfer of rights to the land, etc."; the phrase "implement the reconstruction" in Article 64 is deemed to be replaced with "implement the sale"; and the term "rebuilding" in paragraph (5) of the preceding Article is deemed to be replaced with "sale".

Notwithstanding the provisions of the main clause of Article 256, paragraph (1) of the Civil Code (including as applied mutatis mutandis pursuant to Article 264 of that Code), the co-owners of the grounds, etc. pertaining to a destroyed building with exclusively-owned areas (excluding one that was demolished based on a resolution to demolish or the consent of all the unit owners) may not request partition of the land related to the co-ownership interest in the grounds, etc. or rights related to it during the period from the day following the day on which one month has elapsed, counting from the day of the destruction, until the day on which five years have elapsed, counting from the day of the destruction; provided, however, that this does not apply if co-owners of the grounds, etc. who hold more than one-fifth of the voting rights request partition, or if there are any other obvious grounds for finding that a resolution to rebuild, a resolution to sell the grounds, a resolution under Article 84, paragraph (1), or a resolution under Article 85, paragraph (1) cannot be adopted.

If a building with exclusively-owned areas has been demolished based on a resolution to demolish or the consent of all the unit owners, the co-owners of the grounds, etc. pertaining to that building with exclusively-owned areas may not, notwithstanding the provisions of the main clause of Article 256, paragraph (1) of the Civil Code (including as applied mutatis mutandis pursuant to Article 264 of that Code), request partition of the land related to the co-ownership interest in the grounds, etc. or rights related to it until the day on which five years have elapsed, counting from the day of the destruction resulting from the demolition. In such a case, the provisions of the proviso to the preceding paragraph apply mutatis mutandis.

If all or some of the buildings in a housing complex are buildings with exclusively-owned areas, and the land or attached facilities located in the housing complex (including rights related to them) are co-owned by the owners of those buildings in the housing complex (or the unit owners, for buildings with exclusively-owned areas), and all or some of the buildings located in the housing complex have been destroyed, the owners of buildings in a housing complex of those buildings in the housing complex, the co-owners of the grounds, etc., and the persons who hold rights related to the grounds of a building or attached facilities that were held for owning a building, other than a building with exclusively-owned areas, that has been destroyed (hereinafter referred to as the "owners of buildings in a housing complex, etc.") may hold meetings, establish bylaws, and assign a manager pursuant to the provisions of this Act, until the day on which five years have elapsed, counting from the day of the destruction.