Property Registration, Company Setup, Visa Support – and Can You DIY?
Buying property in Japan involves more than signing a contract and paying the seller. Ownership only becomes official when it is registered with the Legal Affairs Bureau (法務局 / hōmu-kyoku). This is where judicial scriveners (司法書士 / shihō shoshi) play an essential role.
What Does a Judicial Scrivener Do?
A judicial scrivener is a licensed legal professional responsible for preparing and filing registration paperwork. They ensure that the transfer of property rights is valid and properly recorded. Their role is comparable to a notary or title company overseas, but with broader legal powers in Japan.
- Confirm the seller’s legal right to sell
- Check for outstanding mortgages, liens or boundary disputes
- Prepare and file registration documents with the Legal Affairs Bureau
- Coordinate timing of payments and loan discharges
- Hold funds in escrow in some cases
- Assist with company-related transactions (e.g., buying through a Godo Kaisha)
Understanding 登記 (*Tōki* / Registration)
In Japan, the tōki system is both the official proof of ownership and the legal mechanism protecting those rights. A contract alone doesn't establish ownership—the registry record is decisive.
Registry records include:
- Ownership (*shoyūken*)
- Mortgages (*teitōken*)
- Easements/servitudes (*chiekkiken*)
- Boundary changes or subdivisions
The system operates on the priority principle: whoever registers first gains priority—even if another agreement was made earlier privately. The process is also transparent: anyone can request a registry transcript (*tōkibo tōhon*) for a small fee as part of due diligence.
The Closing Process
- Confirm seller’s mortgage is discharged
- Ensure buyer’s funds are transferred
- Judicial scrivener electronically files registration with the Legal Affairs Bureau
- Confirm ownership transfer has been accepted and completed
Only when the registration is finalized can you say you legally “own” the property.
Can You Do the Registration Yourself?
Technically, yes—you can submit the registration application yourself. But for property purchases involving multiple parties, mortgages, and strict timing, going solo comes with risks:
- Filing delays could allow another creditor or lienholder to register and gain priority.
- Mistakes in documentation can cause rejections and delays.
- Banks usually require settlement via a judicial scrivener to release loan funds.
For these reasons, most buyers in Japan hire a judicial scrivener. The fee is modest relative to the transaction value and provides crucial legal protection.
Typical Judicial Scrivener Fees
For a typical property with mortgage involvement, expect to pay ¥100,000–¥150,000 in scrivener fees, sometimes more if additional services or complexities are involved.
Beyond Registration: Company Setup & Visa Support
- Company incorporation: Supports setting up a Godo Kaisha (GK), often required for running rental or hospitality operations.
- Immigration guidance: Some judicial scriveners—often working with *gyōsei shoshi* (administrative scriveners)—can advise on business manager visas and other residence requirements related to property investment.
- Compliance support: Ongoing advice on reporting, changes to business structure, or further registrations as you expand.
Choosing a scrivener with both real estate and immigration/business experience can greatly streamline the process for foreign investors.
Japan vs. Other Systems
- No title companies—judicial scriveners and the Bureau handle verification and recording.
- No formal escrow system—banks or scriveners manage settlement transfers.
- Title insurance is rare, thanks to registry transparency.
Choosing the Right Scrivener
- Do they have experience with international clients?
- Can they explain documents in English (or your language)?
- Do they assist with company setup and immigration-related services?
A trusted scrivener offers more than paperwork—they ensure your investment and business plans are legally secure.
