Basic Act for Land


Published: 1999

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Basic Act for Land

(Act No. 84 of December 22, 1989)

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act is, by way of providing for the basic principles

on land, clarifying the responsibilities of the State, local public entities,

business operators and citizens with regard to the basic principles on land, and

providing for the basic matters on measures concerning land, to

comprehensively promote land measures for forming normal supply-and-

demand relationships and reasonable land prices while securing proper land

use, thereby contributing to improved stability in citizens' lives and the sound

development of the national economy.

(Precedence of public welfare with regard to land)

Article 2 Considering that land has the characteristics of being related to public

interest, such as the fact that it is a finite, precious resource for citizens both

at present and in the future, that it is an indispensable basis for citizens'

activities, that the use of a certain piece of land is closely linked with the use

of other pieces of land, and that the value of land fluctuates mainly based on

the trends of population and industry, trends of land use, the state of

development of social infrastructure, and other social and economic conditions,

public welfare shall take precedence with regard to land.

(Proper use and use in accordance with the plan)

Article 3 (1) Land shall be properly used according to the natural, social,

economic and cultural conditions of its area.

(2) Land shall be used in accordance with the plan on land use, which has been

formulated to achieve proper and reasonable land use.

(Restraint of speculative transactions)

Article 4 Land shall not be made subject to speculative transactions.

(Reasonable burden based on the profits pertaining to the increase in value)

Article 5 When the value of land increases due to changes in its area's social and

economic conditions as prescribed in Article 2, the person entitled to the land

shall be required to bear reasonable burden based on the profits pertaining to

such increase in value.

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(Responsibilities of the State and local public entities)

Article 6 (1) The State and local public entities shall be responsible for

comprehensively formulating and implementing measures on land in

conformity to the basic principles on land set forth from Article 2 to the

preceding article inclusive (hereinafter referred to as the "Basic Principles on

Land").

(2) The State and local public entities shall take appropriate measures to deepen

citizens' understanding of the Basic Principles on Land through public

relations and other activities.

(Responsibilities of business operators)

Article 7 (1) Business operators shall comply with the Basic Principles on Land

when using and transacting in land (including acts that support such use or

transactions).

(2) Business operators shall cooperate with the measures on land implemented

by the State and local public entities.

(Responsibilities of citizens)

Article 8 (1) Citizens shall respect the Basic Principles on Land when using and

transacting in land.

(2) Citizens shall endeavor to cooperate with the measures on land implemented

by the State and local public entities.

(Legislative measures, etc.)

Article 9 The government shall take necessary legislative, fiscal and financial

arrangements for implementing measures on land.

(Annual report, etc.)

Article 10 (1) Every year, the government shall submit to the Diet a report on

the trends concerning land, including land prices, land uses and land

transactions, and the basic measures it has implemented in relation to land.

(2) Every year, the government shall create a document clarifying the basic

measures it intends to implement in consideration of the trends of land as it

pertains to the report prescribed in the preceding paragraph, and submit this

document to the Diet.

(3) When creating the document clarifying the basic measures it intends to

implement prescribed in the preceding paragraph the government shall hear

the opinions of the National Land Council.

Chapter II Basic Measures on Land

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(Formulation, etc. of Land Use Plans)

Article 11 (1) In order to achieve proper and reasonable land use, the State and

local public entities shall formulate necessary plans on land use (hereinafter

referred to as "Land Use Plans") by taking into consideration natural, social,

economic and cultural conditions including the future outlook of population

and industry and trends of land use.

(2) In the case referred to in the preceding paragraph, the State and local publ ic

entities shall formulate the Land Use Plans in detail if they find it particularly

necessary for an intensive use of land that attends to a favorable environment,

proper conversion of land use, or formation or preservation of a favorable

environment in consideration of the characteristics of the area, and they shall

formulate the Land Use Plans by taking a wide area into view if they find it

particularly necessary in consideration of a wide-area development of the social

and economic activities in the area.

(3) In the case referred to in paragraph 1, the State and local public entities shall

incorporate the opinions of the residents and other relevant persons.

(4) The State and local public entities shall change the Land Use Plans if they

find it necessary in consideration of changes in the conditions prescribed in

paragraph 1.

(Measures for ensuring proper land use)

Article 12 (1) In order to ensure an intensive use of land that attends to a

favorable environment, proper changeover of land use, formation or

preservation of a favorable environment, or other proper land use conducted in

accordance with the Land Use Plans, the State and local public entities shall

take appropriate measures to control land use as well as implement projects

pertaining to the Land Use Plans and take other necessary measures.

(2) For taking the measures set forth in the preceding paragraph, the State and

local public entities shall endeavor to secure land for public use, such as

promoting the expansion of necessary public land.

(3) When taking the measures set forth in paragraph 1, the State and local public

entities shall endeavor to achieve promotion of the supply of residential land in

response to demand.

(Measures to control land transactions, etc.)

Article 13 In order to eliminate the adverse effects that speculative land

transactions and steep rises in land prices have on citizens' lives and to

contribute to the formation of reasonable land prices, the State and local public

entities shall take measures to control land transactions and other necessary

measures.

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(Reasonable burden based on the profits associated with development of social

infrastructure)

Article 14 Where a person entitled to land will enjoy extremely large profits in

association with development of social infrastructure, if it is found appropriate

in consideration of the characteristics of the area and other factors, the State

and local public entities shall take necessary measures to impose a reasonable

burden on such person with regard to the development of the social

infrastructure, as based on the profits.

(Taxation measures)

Article 15 The State and local public entities shall, in conformity to the Basic

Principles on Land and based on the measures on land, take reasonable

taxation measures with regard to land while ensuring fair tax burden.

(Achieving reasonableness in public land appraisals, etc.)

Article 16 In order to contribute to the formation of reasonable land prices and

achieve fairness in taxation, the State shall publicly notify the normal prices of

land and endeavor to achieve balance and reasonableness in public land

appraisals.

(Implementation of investigation, etc.)

Article 17 (1) In order to achieve comprehensive and efficient implementation of

measures on land, the State and local public entities shall take necessary

measures such as conducting investigations and collecting materials on the

state of ownership and use of land, trends of land prices, and other matters.

(2) In order to contribute to the smooth implementation of measures on land, the

State and local public entities shall endeavor to provide citizens with

information on land, such as the state of ownership and use of land, trends of

land prices and other matters, while giving consideration to the protection of

rights and interests of individuals.

(Ensuring consistency in measures and adjustment of the administrative

organization, etc.)

Article 18 (1) The State and local public entities shall cooperate with each other

in taking measures on land and endeavor to ensure consistency in the

measures.

(2) The State and local public entities shall endeavor to adjust the administrative

organization and improve the administrative management from a

comprehensive viewpoint in taking measures on land.

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Chapter III Study and Deliberation, etc. by the National Land Council

(Study and deliberation, etc. by the National Land Council)

Article 19 (1) The National Land Council shall study and deliberate matters

concerning comprehensive and basic measures on land and basic matters on

use of national land in response to the consultation of the Minister of Land,

Infrastructure, Transport and Tourism.

(2) The National Land Council may offer opinions on the matters prescribed in

the preceding paragraph to the Minister of Land, Infrastructure, Transport

and Tourism and to the head of any relevant administrative organ through the

Minister of Land, Infrastructure, Transport and Tourism.

(3) The head of a relevant administrative organ may seek the opinions of the

National Land Council with regard to matters concerning comprehensive and

basic measures on land that are under his or her jurisdiction and basic matters

on use of national land that are under his or her jurisdiction.

Supplementary Provisions [Extract]

(Effective date)

(1) This Act shall come into force as from the day of promulgation.

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