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Act on Promotion of Expansion of Public Land (Public Expansion Act) Q & A

Notification / proposal based on the Act on Promotion of Expansion of Public Land (Public Expansion Act)

Last Updated January 9, 2025

Q
1: Is the owner of the land the owner in the registry?
A

He is an entity legal owner and is not necessarily a right holder in the real estate registry.

Q
2: In addition to buying and selling, is there any act that falls under "when trying to transfer for a fee"?
A

If the transfer is made for a fee based on the contract, it is not limited to buying and selling. Even if it is a substitute payment, exchange, reservation for sale, etc., it is a transfer based on the contract, and it is applicable if it is paid.
Donations, donations, expropriation, auctions, etc. are not applicable.

Q
3: Which is the judgment of whether or not a notification under the Public Expansion Act is made based on the registry area or the actual measured area?
A

Judgment of the presence or absence of notification is based on the actual measurement land area if actual measurement is performed. If you do not know the actual measurement area, we will judge based on the registered area.
However, enter the “registered area” in the column of land area in the notification (application) form, and if you know the actual measured land area, enter the actual measured land area in parentheses.

Q
4: I buy and sell equity (including buying and selling one room in an apartment), do I need to submit a report?
A

It is not necessary when buying and selling equity rights, such as divisional ownership rights.
When sharing land, it is necessary for all co-owners to transfer for a fee.

Q
5: The transfer destination has not been decided yet, can I submit a report?
A

In the "Notification", we ask you to fill in the "Other party to be transferred".

Q
6: Is it possible to submit a report even after the sales contract?
A

Please submit the notification before the sales contract and conclude the contract after receiving the "notification that you will not buy".

Q
7: Do I have to submit a report (application) directly by the land owner?
A

You can also submit a report (application) as an agent. If proxy/agent submits a notification, a power of attorney is required. Please use the form on the submitted documents page.

Q
8: Do I have to sell if Yokohama wants to buy it?
A

If you are notified that you will be conducting a purchase consultation, you will need to respond to the consultation unless there is a justifiable reason such as a natural disaster or serious illness, and unless it is unavoidable.
However, it does not mean that the consultation must be arranged, so the conditions may not be met and the consultation may be unsuccessful.

Q
9: How long does it take from the notification (application) to the result?
A

Within three weeks from the date of notification (application), we will issue a notice of either result or not to discuss the purchase within three weeks.

Q
10: How is the result of the notification (application) announced?
A

At first, about land which had you report (application), local public entities confirm whether there is use plan and decide whether to carry out purchase consultation. This result is handed out as a notice.

Q
11: After receiving a notice that we will not discuss the purchase, the other party to be transferred has changed. Do I need to submit a report again?
A

The issued notice is valid until one year has elapsed from the date of notification, so during this time, there is no need to submit it again even if there is a change in the other party to be transferred or the planned transfer amount .
However, if the owner has changed from the time of notification, a notification is required even within one year.

Q
12: I want the city to buy land, can any land submit a land purchase request application form?
A

If the area is more than 200 square meters in land in Yokohama city, you can issue a purchase request form. About area, it is necessary to have actual measurement area when we measure, and to have more than 200 square meters in registry area if we do not measure.

Q
13: Buying and selling beneficiary rights in trust. Do I need to submit a report?
A

The transfer of trust beneficiary rights is usually a kind of transfer of receivables that does not involve the transfer of ownership, but since there are also transfers that involve the transfer of ownership, whether a notification is required or not is made based on the contents of the transfer agreement of trust beneficiary rights.
For example, if the beneficiary has the right to enjoy the land ownership during or at the end of the trust period, the transfer of the trust beneficiary right can be regarded as substantially the same as the sale and purchase of land, so it is a paid transfer of land. And we think that report is necessary. In addition, when the trustee sells (disposals) real estate, which is a trust property, it is necessary to notify the trustee at the time of sale (disposal).

Q
14: Is it possible to make a sales contract before the notification with the condition of suspension until the purchase consultation was not established?
A

A transfer contract with a suspension condition so that the paid transfer becomes effective when the purchase consultation is not established is a contract that takes effect from the time the suspension condition (the failure of the purchase consultation) is fulfilled, It is possible to conclude a contract before.
On the other hand, a transfer contract with a cancellation condition that invalidates the paid transfer when the purchase consultation is concluded is effective until the cancellation condition (the conclusion of the purchase consultation) is fulfilled, so the Public Expansion Act It is understood as a contract that violates Article 4 "Notification obligation when transferring land" or Article 8 "Restrictions on land transfer".

Page link

Inquiries to this page

Finance Bureau Facility Management Promotion Division Public Expansion Law

Telephone: 045-671-3977

Telephone: 045-671-3977

Fax: 045-662-5369

Email address: za-koukaku@city.yokohama.jp

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Page ID: 586-427-452

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