Digitalization of documents in Japanese real-estate transactions — electronic provision of the important-matters explanation document, the document delivered at the conclusion of a contract and the like is permitted, and the seal of the real-estate transaction specialist is abolished (in force May 18, 2022)
Source material is a Japanese government announcement (in Japanese); this page is a summary.
From May 18, 2022, documents under the Building Lots and Buildings Transaction Business Act such as the important-matters explanation document, the document delivered at the conclusion of a contract and the document delivered at the conclusion of a brokerage contract may be provided by electronic means, and the seal of the real-estate transaction specialist has been abolished. However, for a business to provide documents by electronic means it must obtain consent from the counterparty in advance, and the enforcement regulations prescribe the content that must be presented when obtaining that consent (the method used for provision and the recording format for the file) and the methods used when obtaining that consent (e-mail, a reply form on a web page, delivery of a USB memory stick, and the like). In other words, it has not become possible to provide documents by electronic means without the counterparty's consent. Electronic provision must also conform to standards such as being capable of being output as a document and allowing confirmation, by electronic signature or the like, that no alteration has been made.
Key facts
| Date of promulgation | Wednesday, April 27, 2022 |
|---|---|
| Date of entry into force | Wednesday, May 18, 2022 |
| Underlying Act | The 「デジタル社会の形成を図るための関係法律の整備に関する法律」 (令和3年法律第37号), promulgated on May 19, 2021. It carried out a review that dispenses with the seal in administrative procedures and private-sector procedures that require a seal, and that allows the delivery of documents and the like in private-sector procedures to be carried out by electronic means |
| Changes relating to the Building Lots and Buildings Transaction Business Act | The amending provisions that abolish the seal of the real-estate transaction specialist and that make it possible to provide documents such as the important-matters explanation document, the document delivered at the conclusion of a contract and the document delivered at the conclusion of a brokerage contract by electronic means take effect from May 18, 2022. Where documents are provided by electronic means, however, consent must be obtained from the counterparty in advance |
| Methods that may be used for electronic provision | E-mail, provision in the form of a download from a web page, delivery of a USB memory stick, and the like |
| Standards that electronic provision must conform to | Being capable of being output as a document, and allowing confirmation by electronic signature or the like that no alteration (改変) has been made, among others |
| Provisions on the procedure for obtaining prior consent | Where a business provides documents by electronic means, it obtains consent from the counterparty in advance. What the amendment of the enforcement regulations laid down is the content that must be presented when obtaining that consent (the method used when providing them by electronic means and the recording format for the file), and the methods used when obtaining that consent (e-mail, a reply form on a web page, delivery of a USB memory stick, and the like). |
| Items amended and published together with it | A partial amendment as required in formal respects to the 「標準媒介契約約款」 (平成2年建設省告示第115号), and the publication of the 「重要事項説明書等の電磁的方法による提供及びＩＴを活用した重要事項説明実施マニュアル」. The manual compiles the matters that businesses and others must observe and the points they must note when carrying out electronic provision or important-matters explanations using IT |
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Japan's Ministry of Land, Infrastructure, Transport and Tourism (国土交通省) announced on April 27, 2022 that it had promulgated the ministerial ordinance and the public notice arranging the provisions relating to the Building Lots and Buildings Transaction Business Act (宅地建物取引業法) in line with the partial entry into force of the 「デジタル社会の形成を図るための関係法律の整備に関する法律」 (Act on Development of Related Acts to Promote the Formation of a Digital Society; 令和3年法律第37号). That Act, promulgated on May 19, 2021, provides for a review that dispenses with the seal in administrative procedures and private-sector procedures that require a seal, and that allows the delivery of documents and the like in private-sector procedures to be carried out by electronic means. In relation to the Building Lots and Buildings Transaction Business Act, the amending provisions that abolish the seal of the real-estate transaction specialist (宅地建物取引士) and that make it possible to provide documents such as the important-matters explanation document, the document delivered at the conclusion of a contract and the document delivered at the conclusion of a brokerage contract by electronic means take effect from May 18, 2022. Accordingly, the 「宅地建物取引業法施行規則」 (昭和32年建設省令第12号) and others were amended to arrange the provisions on the delivery by electronic means of documents such as the important-matters explanation document. In addition, the 「標準媒介契約約款」 (平成2年建設省告示第115号) was amended as required in formal respects, and the ministry stated that it had published an implementation manual so that businesses and others can carry out electronic provision and important-matters explanations using IT 「適正かつ円滑に実施することができるよう」. The date of promulgation is Wednesday, April 27, 2022, and the date of entry into force is Wednesday, May 18, 2022. This electronic provision, however, is premised on obtaining the consent of the counterparty. The amendment of the enforcement regulations laid down, as matters to be prescribed, the content that must be presented when a business obtains consent from the counterparty in advance in cases where it provides documents by electronic means (the method used when providing them by electronic means and the recording format for the file), and the methods used when obtaining that consent. Electronic provision must also conform to standards such as being capable of being output as a document and allowing confirmation, by electronic signature or the like, that no alteration has been made.
Summaries below are factual notes based on government announcements and primary sources — not evaluations or opinions.
Summaries reflect national-level programs. Municipal (city/ward/town) programs may differ — confirm with the official desk before applying.
FAQ
Can a landlord or a real-estate company send documents by e-mail as they please?
No. According to the announcement by the Ministry of Land, Infrastructure, Transport and Tourism, where a building lots and buildings transaction business provides documents by electronic means it must obtain consent from the counterparty in advance, and the amendment of the enforcement regulations prescribed the content that must be presented when obtaining that consent (the method used when providing them by electronic means and the recording format for the file) and the methods used when obtaining that consent (e-mail, a reply form on a web page, delivery of a USB memory stick, and the like).
Which documents can be provided electronically?
The important-matters explanation document, the document delivered at the conclusion of a contract, the document delivered at the conclusion of a brokerage contract and similar documents. The amending provisions that make it possible to provide these documents by electronic means took effect on May 18, 2022. Where these documents are provided by electronic means, however, the business must obtain consent from the counterparty in advance, and the amendment of the enforcement regulations laid down the content that must be presented when obtaining that consent and the methods used when obtaining it.
Can a document received electronically be printed out on paper?
According to the announcement by the Ministry of Land, Infrastructure, Transport and Tourism, the standards that a building lots and buildings transaction business must conform to when providing documents by electronic means were prescribed as 「being capable of being output as a document」 and 「allowing confirmation, by electronic signature or the like, that no alteration has been made」, among others.