1. Background of the Guidelines
For many years, there were no clear standards for disclosure obligations regarding properties where a death occurred in Japanese real estate transactions. Practices varied among real estate agents -- some disclosed excessively, while others failed to disclose when required.
To address this situation, the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) established the "Guidelines for Disclosure of Deaths by Real Estate Agents" in October 2021. These are not legally binding regulations but serve as practical guidance for real estate agents when determining whether disclosure is necessary.
Important Note
These guidelines are intended for real estate agents and do not bind court decisions. In individual cases, courts may reach conclusions that differ from the guidelines' standards.
2. Scope of the Guidelines
The guidelines cover cases involving deaths in residential real estate (properties used as housing).
| Property Type | Coverage |
|---|---|
| Residential sales and rentals | Covered |
| Commercial properties (offices, shops, etc.) | Not covered (case-by-case) |
| Adjacent units and common areas | Partially covered |
3. Cases Requiring Disclosure
In the following cases, real estate agents are obligated to disclose the information to buyers or tenants.
Homicide (Murder)
Properties where a murder occurred require disclosure regardless of the number of years that have passed. The guidelines set no time limitation for homicide cases.
Suicide
Properties where a suicide occurred are also subject to disclosure. For rentals, the disclosure period is approximately 3 years; for sales, there is no explicit time limitation.
Accidental Death (Under Special Circumstances)
Even accidental deaths in daily life require disclosure when special circumstances exist -- such as when the body was not discovered for an extended period and specialized cleaning was necessary.
Fire Death
Deaths caused by arson or fire accidents require disclosure, as they typically involve both physical damage to the property and psychological defects.
4. Cases Not Requiring Disclosure
In the following cases, disclosure is generally not required.
- ✓Natural death from old age or illness -- Natural death during residence is considered an expected occurrence and does not require disclosure.
- ✓Accidental death in daily life -- Falls on stairs, drowning in the bath, choking during meals, and similar daily-life accidents generally do not require disclosure. However, cases where the body was left undiscovered for an extended period are exceptions.
- ✓Incidents in adjacent units or common areas -- Incidents in common areas of apartment buildings not used in daily life generally do not require disclosure (except for cases with criminal nature and significant social impact).
Handling of Solitary Deaths
Solitary death (kodokushi / 孤独死) -- where a person living alone dies and is not discovered for a certain period -- may require disclosure even if the cause of death was natural. This depends on the time until discovery and the condition of the room (such as whether specialized cleaning was needed).
5. Disclosure Period Standards
The guidelines establish different disclosure period standards for sales and rentals.
| Transaction Type | Disclosure Period | Notes |
|---|---|---|
| Rental | Approx. 3 years | Disclosure not required approx. 3 years after the incident (suicide, accidental death, etc.) |
| Sale | No time limit | No specific time threshold has been established for sales |
| Homicide | No time limit | Disclosure required regardless of time elapsed, for both rentals and sales |
Starting Point of the "Approximately 3 Years"
The "approximately 3 years" for rentals is calculated from when the incident occurred (the date of death). Note that it is not calculated from the completion of specialized cleaning or major renovations.
For detailed information about disclosure periods and calculation methods, please see the Disclosure Obligation Period page.
6. Disclosure Methods and Scope
When making disclosures, the following points are important.
- 1Information to disclose: The timing of the incident (or a note that the exact timing is unknown), the location, the cause of death (suicide, homicide, accidental death, etc.), and whether specialized cleaning was performed
- 2Information not required to disclose: Personal identifying information of the deceased -- such as name, age, address, family composition, and specific details of how the death occurred -- does not need to be disclosed
- 3Investigation duty: Real estate agents are required to confirm with the seller or landlord whether past incidents have occurred, but they are not obligated to conduct their own neighborhood investigations
7. Risks of Disclosure Violations
Violating the disclosure obligation carries the following risks.
Contract Cancellation and Damages
If a buyer or tenant entered into a contract without knowing facts that should have been disclosed, they may seek contract cancellation or claim damages (Civil Code Article 570 -- Non-Conformity Liability).
Administrative Sanctions
If a real estate agent intentionally fails to disclose, they may be subject to administrative sanctions under the Real Estate Transaction Act (directive orders, business suspension orders, etc.).
Damage to Professional Reputation
If a disclosure violation is discovered, it can significantly damage the real estate agent's professional credibility.
8. How Buyers and Tenants Can Protect Themselves
Although the disclosure guidelines are intended for real estate agents, buyers and tenants should also be mindful of the following points.
- ●Before signing a contract, always ask the real estate agent about any concerns regarding the property
- ●Carefully review the "disclosure items" section of the Important Matters Explanation document
- ●Investigate the reason if a property is priced significantly below market rate
- ●Check stigmatized property databases like JikoDB for advance information
- ●For rentals, be aware that the disclosure obligation expires after approximately 3 years
Related Pages
* The content of this page is a general explanation based on the MLIT "Guidelines for Disclosure of Deaths by Real Estate Agents" (October 2021). It does not constitute legal advice. For individual cases, please consult a qualified attorney or legal professional.