Japan permits zero-day restrictions on existing minpaku properties

Japan has clarified that local governments may restrict or prohibit registered minpaku operations, including rules that leave properties with no permitted operating days.

The Ministry of Health, Labour and Welfare, Ministry of Land, Infrastructure, Transport and Tourism, and Japan Tourism Agency jointly issued technical guidance to local governments on July 15th concerning registered private lodging properties under the Housing Accommodation Business Act.

So-called zero-day regulations allow municipalities to limit where minpaku (short-term-rental or STR) businesses may operate or the days on which they may accept guests.

In some cases, the restrictions can amount to an effective ban by leaving a property with no eligible operating days.

Photo by Nathan Fertig on Unsplash

Such measures may be introduced when local governments determine that minpaku activity could harm surrounding communities.

Concerns cited in the guidance include increased guest traffic in quiet residential neighborhoods or near schools, disruption to living and educational environments, and difficulties maintaining permanent populations and local community cohesion.

Government guidelines issued in December of 2017 described zero-day regulations as inappropriate.

The new guidance broadens that interpretation by allowing municipalities to impose restrictions, including prohibitions, on both new and existing minpaku businesses where local conditions justify such measures.

This means properties already registered under the Housing Accommodation Business Act could also become subject to tighter operating rules introduced through local ordinances.

The ministries also said local governments may require operators to use information and communication technology to prevent or respond to nuisance complaints.

Depending on local circumstances, these requirements could include noise monitoring devices, cameras at property entrances and exits, and systems for retaining operational data.

The measures are intended to help operators and municipalities manage issues such as noise, guest access and disturbances affecting nearby residents.

The government plans to incorporate the new interpretation into its official guidelines for the Housing Accommodation Business Act.

Once reflected in the guidelines, the changes will give local governments a clearer policy basis for introducing or expanding restrictions on registered minpaku properties.

Further Reading:

Japan Tourism Agency - Notice Issued to Local Governments Regarding Minpaku Regulations (Japanese only)

Housing Accommodation Business Act Enforcement Guidelines (Japanese only)