Section 1 General Provisions
第一節 総則
Article 1Building Unit Ownership
第一条(建物の区分所有)
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.
一棟の建物に構造上区分された数個の部分で独立して住居、店舗、事務所又は倉庫その他建物としての用途に供することができるものがあるときは、その各部分は、この法律の定めるところにより、それぞれ所有権の目的とすることができる。
第二条(定義)
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。
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。
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).
この法律において「建物の敷地」とは、建物が所在する土地及び第五条第一項の規定により建物の敷地とされた土地をいう。
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.
Article 3Association of Unit Owners
第三条(区分所有者の団体)
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.
第四条(共用部分)
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.
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 5-2Responsibilities of Unit Owners
第五条の二(区分所有者の責務)
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.
Article 6Rights and Obligations of Unit Owners
第六条(区分所有者の権利義務等)
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.
区分所有者は、建物の保存に有害な行為その他建物の管理又は使用に関し区分所有者の共同の利益に反する行為をしてはならない。
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").
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.
民法(明治二十九年法律第八十九号)第二百六十四条の八及び第二百六十四条の十四の規定は、専有部分及び共用部分には適用しない。
Article 6-2Domestic Administrator
第六条の二(国内管理人)
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 of preservation;
保存行為
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;
専有部分の性質を変えない範囲内において、その利用又は改良を目的とする行為
receipt of a convocation notice for a meeting;
集会の招集の通知の受領
exercise of voting rights at a meeting; and
集会における議決権の行使
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.
第七条(先取特権)
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。
The provisions of Article 319 of the Civil Code apply mutatis mutandis to the statutory lien referred to in paragraph (1).
Article 8Liability of a Specific Successor
第八条(特定承継人の責任)
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.
Article 9Presumption on Defects in the Erection or Preservation of Buildings
第九条(建物の設置又は保存の瑕疵に関する推定)
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.
建物の設置又は保存に瑕疵があることにより他人に損害を生じたときは、その瑕疵は、共用部分の設置又は保存にあるものと推定する。
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.
Section 2 Common Areas
第二節 共用部分等
Article 11Co-ownership of Common Areas
第十一条(共用部分の共有関係)
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.
第十二条
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.
共用部分が区分所有者の全員又はその一部の共有に属する場合には、その共用部分の共有については、次条から第十九条までに定めるところによる。
第十三条(共用部分の使用)
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 14Proportion of Shares in a Common Area
第十四条(共用部分の持分の割合)
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。
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。
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 15Disposal of Shares in a Common Area
第十五条(共用部分の持分の処分)
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。
Unless otherwise provided for in this Act, a co-owner may not dispose of their share separately from the exclusively-owned area they own.
共有者は、この法律に別段の定めがある場合を除いて、その有する専有部分と分離して持分を処分することができない。
Article 16Management of a Private Common Area
第十六条(一部共用部分の管理)
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.