Chapter II Land Lease
第二章 借地
Section 1 Duration of Land Leasehold Rights
第一節 借地権の存続期間等
Article 3Duration of Land Leasehold Rights
第三条(借地権の存続期間)
The duration of the land leasehold right is thirty years; provided, however, that if a period longer than this is prescribed by contract, that period applies.
借地権の存続期間は、三十年とする。ただし、契約でこれより長い期間を定めたときは、その期間とする。
Article 4Period of Land Leasehold Rights After Renewal
第四条(借地権の更新後の期間)
If the parties renew the land lease contract, the period is to be ten years from the day of the renewal (twenty years in the case of the first renewal after the establishment of the land leasehold right); provided, however, that if the parties prescribe a period longer than this, that period applies.
当事者が借地契約を更新する場合においては、その期間は、更新の日から十年(借地権の設定後の最初の更新にあっては、二十年)とする。ただし、当事者がこれより長い期間を定めたときは、その期間とする。
Article 5Request for Renewal of Land Lease Contracts
第五条(借地契約の更新請求等)
If the land leasehold right holder requests the renewal of the contract when the duration of the land leasehold right expires, the contract is deemed to have been renewed with the same terms and conditions as those of the prior contract in addition to what is prescribed in the provisions of the preceding Article, as long as there is a building; provided, however, that this does not apply when the lessor makes an objection without delay.
The provisions of the preceding paragraph also apply when the land leasehold right holder continues to make use of the land after the expiration of the duration of the land leasehold right, as long as there is a building.
If a land sublease right has been established, the continued use of land by a land sublease right holder is deemed to be the continued use of land by a land leasehold right holder, and the provisions of the preceding paragraph apply to the relationship between the land leasehold right holder and the lessor.
Article 6Requirements for Refusing Renewal of Land Lease Contracts
第六条(借地契約の更新拒絶の要件)
The objection referred to in the preceding Article may not be raised unless it is found that there are justifiable grounds for doing so, taking into account of the circumstances in which the lessor and the land leasehold right holder (including the land sublease right holder; hereinafter the same applies in this Article) requires the use of land, the history of the leased land and the state of land use, and the offer made by the lessor when the lessor has made an offer to provide payment of monetary considerations to the land leasehold right holder as a condition for vacating the land or in exchange for vacating the land.
Article 7Extension of Period of Land Leasehold Rights Due to Rebuilding of Buildings
第七条(建物の再築による借地権の期間の延長)
If the buildings are lost before the duration of the land leasehold right expires (including demolition by the land leasehold right holder or the land sublease right holder; the same applies hereinafter), and the land leasehold right holder constructs a building that is to last past the remaining period of existence, as long as the lessor gives consent to the construction of the building, the land leasehold right continues to exist for twenty years from the day of the consent or the day the building is constructed, whichever comes earlier; provided, however, that when the remaining period of existence is longer than this or when the parties have determined a longer period, that period applies.
If the land leasehold right holder notifies the lessor the fact that the land leasehold right holder intends to newly construct a building that is to last past the remaining period of existence and the lessor does not state an objection within two months after receiving the notice, it is deemed that the lessor referred to in the preceding paragraph has consented to the construction of the building; provided, however, that this does not apply if notice has been given after the contract was renewed (if the duration of the land leasehold right has been extended pursuant to the provisions of that paragraph, after the date that the initial duration of the land leasehold right is to expire; hereinafter the same applies in the following Article and Article 18).
If a land sublease right has been established, building construction that the land sublease right holder undertakes is deemed to be building construction that the land leasehold right holder undertakes, and the provisions of paragraph (1) apply between the land leasehold right holder and the lessor.
Article 8Termination Due to Loss of Buildings After Renewal of Land Lease Contracts
第八条(借地契約の更新後の建物の滅失による解約等)
If the buildings are lost after the contract has been renewed, the land leasehold right holder may waive the superficies or give a notice of termination of the land lease.
契約の更新の後に建物の滅失があった場合においては、借地権者は、地上権の放棄又は土地の賃貸借の解約の申入れをすることができる。
In the case prescribed in the preceding paragraph, if the land leasehold right holder has constructed a building that is to last past the remaining period of existence without receiving the consent of the lessor, the lessor may request the extinction of superficies or give a notice of termination of the land lease.
In the case referred to in the preceding two paragraphs, the land leasehold right is extinguished when three months have passed from the day the waiver of the superficies or the request for extinction of superficies, or the notice of termination of the land lease was made.
The right to waive the superficies or to give a notice of termination of the land lease provided for in paragraph (1) may be restricted only if the right to request the extinction of superficies or to give a notice of termination of the land lease provided for in paragraph (2) is restricted.
If a land sublease right has been established, building construction that the land sublease right holder undertakes is deemed to be building construction that the land leasehold right holder undertakes, and the provisions of paragraph (2) apply to the relationship between the land leasehold right holder and the lessor.
第九条(強行規定)
A special agreement that runs counter to the provisions of this Section which is disadvantageous to the land leasehold right holder is void.
この節の規定に反する特約で借地権者に不利なものは、無効とする。
Section 2 Effect of Land Leasehold Rights
第二節 借地権の効力
Article 10Perfection of Land Leasehold Rights
第十条(借地権の対抗力)
Even if the land leasehold right is not registered, when the land leasehold right holder owns registered buildings on the land, the land leasehold right may be asserted against a third party.
In the case referred to in the preceding paragraph, even if a building has been destroyed, when the land leasehold right holder posts a notice of the necessary matters to identify the building, the day the building was lost, and the intent to construct a new building, in a clearly visible location on the land, the land leasehold right is effective as referred to in that paragraph; provided, however, that if two years have passed since the day the building was destroyed, this is limited to the case in which the building was newly constructed and registered before the notice was posted.
When land rent or rental fee for land (hereinafter referred to as "land rent, etc." in this Article and the following Article) becomes unreasonable, due to the increase or decrease in tax and other public charges related to the land, the rise or fall of land prices or changes in other economic conditions, or in comparison to the rent, etc. of similar land in the vicinity, the parties may request the increase or decrease in the amount of land rent, etc. in the future, notwithstanding the contract terms and conditions; provided however, that when there is a special agreement stating that land rent, etc. will not be increased for a certain period of time, the provisions of the special agreement prevail.
地代又は土地の借賃(以下この条及び次条において「地代等」という。)が、土地に対する租税その他の公課の増減により、土地の価格の上昇若しくは低下その他の経済事情の変動により、又は近傍類似の土地の地代等に比較して不相当となったときは、契約の条件にかかわらず、当事者は、将来に向かって地代等の額の増減を請求することができる。ただし、一定の期間地代等を増額しない旨の特約がある場合には、その定めに従う。
If no agreement is reached between the parties regarding the increase in the amount of land rent, etc., until the judicial decision establishing that the increase of the amount is valid becomes final and binding, it is sufficient for the party that has received the request to pay a land rent, etc. in an amount that is found to be reasonable; provided, however, that when the judicial decision becomes final and binding, if the amount that has already been paid is insufficient, the amount of the shortfall must be paid with the addition of interest on late payments at the rate of ten percent per year.
地代等の増額について当事者間に協議が調わないときは、その請求を受けた者は、増額を正当とする裁判が確定するまでは、相当と認める額の地代等を支払うことをもって足りる。ただし、その裁判が確定した場合において、既に支払った額に不足があるときは、その不足額に年一割の割合による支払期後の利息を付してこれを支払わなければならない。
If no agreement is reached between the parties regarding the decrease in the amount of land rent, etc., until the judicial decision establishing that the decrease of the amount is valid becomes final and binding, the party that has received the request may request payment of land rent, etc. in an amount that is found to be reasonable; provided, however, that when that judicial decision becomes final and binding, if the amount that has already been paid exceeds the amount of land rent, etc. considered to be valid, the amount of the excess must be returned with the addition of interest at the rate of ten percent per year from the time the payment was received.
地代等の減額について当事者間に協議が調わないときは、その請求を受けた者は、減額を正当とする裁判が確定するまでは、相当と認める額の地代等の支払を請求することができる。ただし、その裁判が確定した場合において、既に支払を受けた額が正当とされた地代等の額を超えるときは、その超過額に年一割の割合による受領の時からの利息を付してこれを返還しなければならない。
Article 12Statutory Liens of Lessors
第十二条(借地権設定者の先取特権)
With respect to the final two years of rent, etc. the term of which has become due, the lessor has a statutory lien on the building that the land leasehold right holder owns on that land.
The effect of the statutory lien referred to in the preceding paragraph is preserved by registering the superficies or the land lease.
前項の先取特権は、地上権又は土地の賃貸借の登記をすることによって、その効力を保存する。
The statutory lien referred to in paragraph (1) has the effect of prevailing over other rights; provided, however, that the statutory lien for expenses for common benefit, preservation of immovables and construction work for immovables, and the right of pledge and mortgage registered prior to the registration of superficies or land leases prevail over the statutory lien referred to in that paragraph.
第一項の先取特権は、他の権利に対して優先する効力を有する。ただし、共益費用、不動産保存及び不動産工事の先取特権並びに地上権又は土地の賃貸借の登記より前に登記された質権及び抵当権には後れる。
The provisions of the preceding three paragraphs apply mutatis mutandis to buildings that the land sublease right holder owns on that land.
Article 13Right to Request Purchase of Buildings
第十三条(建物買取請求権)
When the duration of land leasehold right expires and the contract is not renewed, the land leasehold right holder may request that the lessor purchase the building and other objects that the land leasehold right holder has attached to the land by title at the market value.
In the case referred to in the preceding paragraph, when the building has been newly constructed prior to the expiration of the duration of land leasehold right without the consent of the lessor with the intention that they last past the remaining period of the land leasehold right, the court, if the lessor so requests, may impose a reasonable time frame for the payment of all or part of the purchase money.
The provisions of the preceding two paragraphs apply mutatis mutandis between the land sublease right holder and the lessor when the duration of land leasehold right has expired.
Article 14Right of a Third Party to Request Purchase of Buildings
第十四条(第三者の建物買取請求権)
If a third party has acquired the buildings and other items on the land that is the object of the lease interest that the land leasehold right holder has duly attached to the land, and the lessor does not consent to the transfer of the lease interest or to a sublease, the third party may request that the lessor purchase the buildings and other items that the land leasehold right holder has duly attached to the land at the prevailing market value.
Article 15Leasehold Right for One's Own Land
第十五条(自己借地権)
Establishment of a land leasehold right does not preclude the lessor from personally owning the land leasehold right only when the interest is jointly held with another party.
Even if the land leasehold right has been returned to the lessor, when the interest is held in common with another party, the land leasehold right is not extinguished.
Article 16Mandatory Provisions
第十六条(強行規定)
A special agreement that runs counter to the provisions of Article 10, Article 13, and Article 14 and that is disadvantageous to the land leasehold right holder or the land sublease right holder is void.
Section 3 Changes to Land Lease Terms
第三節 借地条件の変更等
Article 17Changes to Land Lease Terms and Permission for Improvements
第十七条(借地条件の変更及び増改築の許可)
If there are land lease terms that limit the type, construction, size, or use of buildings, if, notwithstanding the fact that an object of owning the buildings which is different from the land lease terms is reasonable in actually establishing the land leasehold right due to changes in control of land use pursuant to laws and regulations, changes to the conditions of use of land in the vicinity, or changes in other circumstances, no agreement is reached between the parties regarding the changes to the land lease terms, the court may change the land lease terms pursuant to the petition of the parties.
建物の種類、構造、規模又は用途を制限する旨の借地条件がある場合において、法令による土地利用の規制の変更、付近の土地の利用状況の変化その他の事情の変更により現に借地権を設定するにおいてはその借地条件と異なる建物の所有を目的とすることが相当であるにもかかわらず、借地条件の変更につき当事者間に協議が調わないときは、裁判所は、当事者の申立てにより、その借地条件を変更することができる。
If there are land lease terms that limit remodeling and expansion of buildings, if no agreement is reached between the parties regarding the remodeling and expansion for normal use of land, the court may grant permission for the remodeling and expansion in lieu of the consent of the lessor pursuant to the petition of the land leasehold right holder.
When rendering a judicial decision referred to in the preceding two paragraphs, when it is necessary for facilitating equitable benefit between the parties, the court may change other land lease terms, order the payment of monetary considerations, or enact other reasonable dispositions.
裁判所は、前二項の裁判をする場合において、当事者間の利益の衡平を図るため必要があるときは、他の借地条件を変更し、財産上の給付を命じ、その他相当の処分をすることができる。
When making the judicial decision referred to in the preceding three paragraphs, the court must take into account of the remaining period of the land leasehold right, the situation of the land, the history of the leased land, and all other circumstances.
When a land sublease right has been established, when it is necessary, the court may make the judicial decisions referred to in paragraphs (1) through (3) concerning the land leasehold right as well as the land sublease right pursuant to the petition of the land sublease right holder,.
転借地権が設定されている場合において、必要があるときは、裁判所は、転借地権者の申立てにより、転借地権とともに借地権につき第一項から第三項までの裁判をすることができる。
Unless found unnecessary, prior to making the judicial decisions referred to in paragraphs (1) through (3) or the judicial decision referred to in the preceding paragraph, the court must hear the opinion of a committee of experts.
裁判所は、特に必要がないと認める場合を除き、第一項から第三項まで又は前項の裁判をする前に鑑定委員会の意見を聴かなければならない。
Article 18Permission to Rebuild Buildings After Renewal of Land Lease Contracts
第十八条(借地契約の更新後の建物の再築の許可)
If, notwithstanding the fact that there are unavoidable circumstances for a land leasehold right holder to newly construct a building that is to last past the remaining period of existence, the lessor does not consent to the construction of that building, excluding the cases in which it is specified that the lessor may not demand the superficies to be extinguished or give a notice of the termination of the land lease, the court may grant permission in lieu of the consent of the lessor, pursuant to the petition of the land leasehold right holder. In such a case, when it is necessary for facilitating equitable benefit between the parties, the court may specify a period different from the period specified under the provisions of Article 7, paragraph (1) as a period of the land leasehold right required to be extended, change other land lease terms, order the payment of monetary considerations, or make other reasonable dispositions.
When making the judicial decision referred to in the preceding paragraph, the court must take into account of the building condition, the circumstances leading to the loss of the building in cases of the loss, the history of the leased land, the circumstances for a lessor and a land leasehold right holder (including the land sublease right holder) to require the use of the land and all other circumstances.
The provisions of paragraph (5) and paragraph (6) of the preceding Article apply mutatis mutandis to cases in which the judicial decision referred to in paragraph (1) is to be made.
Article 19Permission to Transfer or Sublease Right to Lease Land
第十九条(土地の賃借権の譲渡又は転貸の許可)
If the land leasehold right holder intends to transfer building on the land that is the object of right of lease to a third party, and the lessor does not consent to the transfer or sublease of the right of lease, notwithstanding the fact that it is unlikely that the acquisition of the right of lease by the third party or the sublease of the right of lease to the third party to be disadvantageous to the lessor, the court may grant permission in lieu of the lessor's consent pursuant to the petition by a land leasehold right holder. In such a case, if it is necessary for facilitating equitable benefit between the parties, the court may order changes to the land lease terms for which the transfer or sublease of the right of lease is the condition for making the changes, or may require the payment of monetary considerations for the permission.
When making the judicial decision referred to in the preceding paragraph, the court must take into account the remaining period of the right of lease, the prior history concerning the leased land, the circumstances for requiring the transfer or sublease of the right of lease, and all other circumstances.
裁判所は、前項の裁判をするには、賃借権の残存期間、借地に関する従前の経過、賃借権の譲渡又は転貸を必要とする事情その他一切の事情を考慮しなければならない。
In the case the petition referred to in paragraph (1) is filed, if the lessor files a petition stating that they will personally accept the transfer of the building and transfer or sublease of the right of lease within the period prescribed by the court, the court may specify a reasonable consideration and sublease terms, and order the lessor to pay the consideration and obey the terms, notwithstanding the provisions of that paragraph. In that judicial decision, the court may order both parties to perform their obligations simultaneously.
If the petition referred to in paragraph (1) is withdrawn or is dismissed because it is not in accordance with the law, the petition ceases to be effective.
After the judicial decision referred to in paragraph (3) is made, the petition referred to in paragraph (1) or (3) may not be withdrawn without the agreement of the parties.
Excluding cases that the court finds that it is not particularly necessary, the court must hear the opinion of a committee of experts before making a judicial decision referred to in paragraph (1) or (3).
The provisions of the preceding paragraphs apply mutatis mutandis to the relationship between the land sublease right holder and the lessor if a land sublease right has been established; provided, however, that when the lessor files the petition referred to in paragraph (3), the consent of the land leasehold right holder must be obtained.
Article 20Permission to Transfer Right to Lease Land in the Case of Auction of Buildings
第二十条(建物競売等の場合における土地の賃借権の譲渡の許可)
If a third party has acquired a building on the land that is the object of the right of lease through auction or public auction, and the lessor does not consent to the transfer of that right of lease notwithstanding the fact that it is unlikely that the acquisition the right of lease by the third party will be disadvantageous to the lessor, the court may grant permission in lieu of the consent of the lessor pursuant to the petition of the third party. In such a case, when it is necessary for facilitating equitable benefit between the parties, the court may change the land lease terms or order the payment of monetary considerations.
第三者が賃借権の目的である土地の上の建物を競売又は公売により取得した場合において、その第三者が賃借権を取得しても借地権設定者に不利となるおそれがないにもかかわらず、借地権設定者がその賃借権の譲渡を承諾しないときは、裁判所は、その第三者の申立てにより、借地権設定者の承諾に代わる許可を与えることができる。この場合において、当事者間の利益の衡平を図るため必要があるときは、借地条件を変更し、又は財産上の給付を命ずることができる。
The provisions of paragraphs (2) through (6) of the preceding Article apply mutatis mutandis to cases in which the petition referred to in the preceding paragraph is filed.
前条第二項から第六項までの規定は、前項の申立てがあった場合に準用する。
The petition referred to in paragraph (1) may be filed only within two months after paying the price of the building.
第一項の申立ては、建物の代金を支払った後二月以内に限り、することができる。
The provisions of Article 19 of the Civil Conciliation Act (Act No. 222 of 1951) apply mutatis mutandis to cases in which the petition referred to in paragraph (1) is filed within the period provided for in that Article.
民事調停法(昭和二十六年法律第二百二十二号)第十九条の規定は、同条に規定する期間内に第一項の申立てをした場合に準用する。
The provisions of the preceding paragraphs apply mutatis mutandis to the relationship between the third party who has acquired the building from the land sublease right holder through auction or public auction and the lessor; provided, however, that if the lessor files the petition referred to in paragraph (3) of the preceding Article as applied mutatis mutandis pursuant to paragraph (2), the consent of the land leasehold right holder must be obtained.
Article 21Mandatory Provisions
第二十一条(強行規定)
A special agreement that runs counter to the provisions of Articles 17 through 19 and that is disadvantageous to the land leasehold right holder or the land sublease right holder is void.
第十七条から第十九条までの規定に反する特約で借地権者又は転借地権者に不利なものは、無効とする。
Section 4 Fixed Term Land Leasehold Rights
第四節 定期借地権等
Article 22Fixed Term Land Leasehold Rights
第二十二条(定期借地権)
If a land leasehold right is to be established with a duration of fifty years or more, notwithstanding the provisions of Article 9 and Article 16, it is possible to prescribe that there is to be no extension of the duration due to renewal of the contract (including renewal pursuant to a demand for renewal or due to continued use of land; the same applies in paragraph (1) of the following Article) and due to construction of the building, and that a demand for purchase under the provisions of Article 13 is not to be made. In this case, that special agreement must be made by a document such as a notarial deed.
When the special agreement referred to in the first sentence of the preceding paragraph is made by an electronic or magnetic record (meaning a record created in an electronic form, magnetic form, or any other form that cannot be perceived by human senses, which will be used for information processing by computers; the same applies in Article 38, paragraph (2) and Article 39, paragraph (3)), the special agreement is deemed to have been made by a document and the provisions of the second sentence of the preceding paragraph apply.
Article 23Fixed Term Land Leasehold Right for Business Purposes
第二十三条(事業用定期借地権等)
When the objective is the ownership of a building used solely for business (excluding those used for residence; the same applies in the following paragraph) and a land leasehold right with a duration of at least thirty years and less than fifty years is to be established, notwithstanding the provisions of Article 9 and Article 16, it is possible to prescribe that there is to be no extension of the duration due to renewal of the contract or construction of a building, and a demand for purchase under the provisions of Article 13 is not to be made.
If the objective is the ownership of the building used solely for business and a land leasehold right with a duration of ten or more and less than thirty years is to be established, the provisions of Articles 3 through 8, Article 13, and Article 18 do not apply.
専ら事業の用に供する建物の所有を目的とし、かつ、存続期間を十年以上三十年未満として借地権を設定する場合には、第三条から第八条まで、第十三条及び第十八条の規定は、適用しない。
Contracts with the object of establishing land leasehold rights provided for in the preceding two paragraphs must be made by notarial deeds.
If a land leasehold right is to be established (excluding cases in which a land leasehold right provided for in paragraph (2) of the preceding Article is to be established), notwithstanding the provisions of Article 9, special provisions may specify that in order to extinguish the land leasehold right, on the day that thirty years or more have passed since that right was established, the building on the land that is the object of the land leasehold right is to be transferred to the lessor for a reasonable price.
When a land leasehold right is extinguished in accordance with the special agreement referred to in the preceding paragraph, and the land leasehold right holder or the lessee of a building that continues to use the building after the right is extinguished makes a demand, it is deemed that a lease with an indefinite term ( if a land leasehold right holder has made a demand and there is remaining period for existence, a lease that considers that remaining period to be the duration of the right) for the building has been signed between the land leasehold right holder or the lessee of the building and the lessor at the time of the demand. In this case, the court prescribes the building rent at the request of a party.
If there is a special agreement referred to in paragraph (1) and a lease contract under the provisions of Article 38, paragraph (1) has been concluded between the land leasehold right holder or the lessee of a building and the lessor concerning the building, the provisions of the special agreement prevail notwithstanding the provisions of the preceding paragraph.
Article 25Land Leasehold Right for Purpose of Temporary Use
第二十五条(一時使用目的の借地権)
If it is obvious that the land leasehold right has been established for the purpose of installing temporary facilities or for other temporary use, the provisions of Articles 3 through 8, Article 13, Article 17, Article 18, and Article 22 through the preceding Article do not apply.
第三条から第八条まで、第十三条、第十七条、第十八条及び第二十二条から前条までの規定は、臨時設備の設置その他一時使用のために借地権を設定したことが明らかな場合には、適用しない。