Starting a minpaku: what do you need? The notification vs. the hotel permit

In short: to start a minpaku (residential accommodation business) using your own or an owned home, you file a notification under Article 3, paragraph 1 of the Housing Accommodation Business Act (Act No. 65 of 2017) with the prefectural governor or equivalent (the mayor in a city with a public health centre, the ward mayor in a special ward). It is separate in both governing law and counter from the business permit under the Hotel Business Act, and a residential accommodation business is premised on "not having people stay for more than 180 days in a year" (Article 2, paragraph 3). The notification requires attachments such as a fire-law compliance notice, and where the host is absent, delegation to a residential accommodation management operator is required (Article 11). In a condominium you also check the management rules, and in a rented property the lease's consent. This article is general information organising the difference between the notification and the hotel permit, the 180-day rule, the attachments, the points to check in the management rules, and the division of roles; it does not judge the outcome of any individual notification or whether a property can be used for a minpaku.

Where do the residential accommodation notification and the hotel permit divide?

A business that has people stay for a fee divides broadly into "a permit under the Hotel Business Act" and "a notification under the Housing Accommodation Business Act." The Hotel Business Act (Act No. 138 of 1948) is a permit system, with heavier facility requirements such as front-desk equipment and guest-room standards. The Housing Accommodation Business Act is a notification system, covering a business that uses a dwelling to have people stay.

The dividing line is "days of operation" and "whether the facility is a dwelling." A residential accommodation business is defined as a business by someone other than a hotel-business operator that has people stay in a dwelling for a fee, where the days people stay do not exceed 180 in a year (Housing Accommodation Business Act, Article 2, paragraph 3). If you want to operate beyond 180 days, you no longer fit within the residential accommodation frame and must consider a permit under the Hotel Business Act (such as a simple-lodging business).

	Hotel Business Act permit	Housing Accommodation Business Act notification
Procedure	Permit	Notification
Counter	Prefectural governor, etc. (public health centre)	Prefectural governor, etc. (mayor/ward mayor where there is a public health centre)
Annual operating days	No cap	180 or fewer (Article 2, paragraph 3 definition)
Target facility	Hotels, inns, simple lodgings, etc.	Dwellings

Which frame fits depends on the days you want to operate, the character of the facility, and the location. Within the scope of administrative-scrivener work, Yotsuba Administrative Scrivener Office supports preparing the residential accommodation notification and attachments and acting as agent for filing. Where a hotel permit is needed, the building confirmation is the field of the architect. The individual outcome is a matter for the authority's examination.

What documents does the notification need, and how do you obtain the fire-compliance notice?

The residential accommodation notification is filed under Article 3, paragraph 1 of the Act, through the electronic system (the minpaku system) or on paper. Besides the notification form, attachments such as floor plans of the dwelling, the certificate of registered matters, and the fire-law compliance notice are required. Because the document types differ in detail by municipal guidance, check the location's counter guidance before filing.

The fire-law compliance notice is a document the fire station (fire chief or station chief) issues after confirming that the dwelling complies with fire laws. In a residential accommodation business, depending on the size of the dwelling and the host's residence pattern, an automatic fire-alarm system, guide lights, or extinguishers may be required. Whether equipment is needed and its design is the field of the fire station and the fire-equipment engineer, and it is safer to consult early as a prerequisite for the notification.

Main attachments / matters to confirm	Responsible party / counter
Organising and filing the notification form, dwelling floor plans, and registered-matters certificate	Yotsuba Administrative Scrivener Office (administrative scrivener)
Obtaining the fire-law compliance notice; designing fire equipment	Fire station (fire chief/station chief) and fire-equipment engineer
Keeping the guest register (Article 8); displaying the sign (Article 13)	The residential accommodation operator (the person filing)
Delegating management work where the host is absent (Article 11)	Residential accommodation management operator

The operator must keep a guest register (Article 8) and must display a sign for each notified dwelling (Article 13). Preparing and filing the documents is the administrative scrivener; the fire equipment is the fire station and the fire-equipment engineer — the roles divide.

How does the 180-day cap and a municipality's stricter ordinance work?

In a residential accommodation business you may have people stay for a maximum of 180 days a year. This "one year" is calculated, in the national operation, over the period from noon on 1 April each year to noon on 1 April the next year (minpaku portal site, accessed 2026-08-27). The days you have people stay are reported to the municipality in periodic reports.

Furthermore, a prefecture (including a city with a public health centre or a special ward) may, where necessary to prevent deterioration of the living environment, restrict by ordinance the period in which the residential accommodation business is conducted, designating an area (Housing Accommodation Business Act, Article 18). Through this "stricter ordinance," a narrower restriction than 180 days may apply, such as not allowing weekday operation in an exclusively residential zone or limiting the period around schools.

Type of restriction	Basis
Nationwide cap on operating days	Housing Accommodation Business Act, Article 2, paragraph 3 (180 or fewer)
Period restriction by designated area (stricter ordinance)	Housing Accommodation Business Act, Article 18
Whether allowed in shared housing	Management rules / lease

Even if the property is good, you may be unable to operate the days you assumed within an area subject to a stricter ordinance. It is important to check the land-use zone and the ordinance's area before deciding on a property, and whether the location is permissible and whether a stricter ordinance applies are key checks in choosing a property. The assessment of whether a property can be used for a minpaku is handled, within the scope of real-estate work, by Yotsuba Real Estate Co., Ltd. (licensed real estate broker), a separate business from Yotsuba Administrative Scrivener Office.

In a condominium, what do you check in the management rules and the lease?

To run a minpaku in a condominium (a building under unit ownership), aside from the statutory notification, checking the management rules is essential. The model condominium management rules present example provisions that expressly state whether a residential accommodation business "may / may not" be conducted; if the rules prohibit a minpaku, you cannot operate even after filing.

Have a question about your situation?

Tell us about your residency, permit or administrative procedure enquiry.

Chat on LINEContact us

If you run a minpaku in a rented property, check whether the lease permits subletting or minpaku use. Running a minpaku without the owner's or lessor's consent risks a breach of contract. These conformity judgements (land-use zone, management rules, the lease's consent) are the field of real estate, and divide from the preparation of the notification documents by the administrative scrivener.

• Confirming the management rules do not prohibit the residential accommodation business → the management association / unit owner; confirmation by Yotsuba Real Estate Co., Ltd. (licensed real estate broker)
• Confirming the lease's consent to subletting / minpaku use → the lessor; confirmation by Yotsuba Real Estate Co., Ltd. (licensed real estate broker)
• Preparing and filing the notification and attachments → Yotsuba Administrative Scrivener Office (administrative scrivener)

Checking the management rules and the lease is a prerequisite for whether a property can be used for a minpaku. The administrative scrivener handles the agency for filing, but the assessment of whether the property itself conforms for a minpaku is handled by real estate.

Who should you ask for the property check, the notification, and fire safety?

Starting a minpaku spans several procedures and fields. The roles are as follows.

• Preparing the residential accommodation notification and attachments, and acting as agent for the filing → Yotsuba Administrative Scrivener Office (administrative scrivener)
• Judging whether the property can be used for a minpaku (land-use zone, management rules, the lease's consent); brokering the sale or lease of the property → Yotsuba Real Estate Co., Ltd. (licensed real estate broker)
• Obtaining the fire-law compliance notice; designing fire equipment → the fire station (fire chief/station chief) and the fire-equipment engineer
• The building confirmation where a hotel permit is needed → the architect

Yotsuba Real Estate Co., Ltd., a separate business from Yotsuba Administrative Scrivener Office, handles the property-conformity assessment, the brokerage of sale or lease, and the check of the management rules and lease under a separate contract as an independent business. The fire-law compliance notice is within the fire station's jurisdiction, the design of fire equipment is the fire-equipment engineer's, and the building confirmation where a hotel permit is needed is the architect's field. Each field is on the premise that you contract separately with each counter or qualified professional as an independent business, and our office receives no referral fee. For the flow of engagement, see Engagement Flow; for fees, see Fee Schedule; and for the whole picture of our services, see Permits and Applications. Other permits for opening a business are also covered in Serving alcohol after midnight: what notification do you need? and Obtaining a secondhand-goods dealer permit: what the premises need.

FAQ

Q. If I operate only 90 days a year, do I still need to notify?
A. Yes. The 180 days of a residential accommodation business is a "cap," and even with fewer operating days, if you repeatedly and continuously have people stay for a fee, it is a residential accommodation business and the notification under Article 3, paragraph 1 is required. Operating without notifying falls under the Act. Regardless of the number of days, a notification before operating is a prerequisite.

Q. Which should I choose, the hotel permit or the residential accommodation notification?
A. If you use a dwelling within 180 days a year, the residential accommodation notification; if you want to operate beyond 180 days or the facility can hardly be called a dwelling, a permit under the Hotel Business Act (such as a simple-lodging business) becomes the candidate. Which frame fits depends on the days, the facility, and the location, and the individual outcome is a matter for the authority's examination. Assessing the character of the property is the field of real estate, and the building confirmation the field of the architect.

Q. Can I run a minpaku in a single unit of a condominium?
A. Apart from the statutory notification, checking the management rules is required. The model condominium management rules present example provisions that expressly state whether a residential accommodation business is allowed; if the rules prohibit it, you cannot operate even after filing. In a rental, the lessor's consent is also needed. Checking the management rules and the lease is the field of real estate.

Q. Will the administrative scrivener obtain the fire-law compliance notice for me?
A. The fire-law compliance notice is a document the fire station (fire chief/station chief) issues after confirming that the dwelling complies with fire laws, and it becomes an attachment to the notification. Judging whether equipment is needed and its design is the field of the fire station and the fire-equipment engineer, and our office does not do it as agent. Preparing and filing the notification and attachments is our office; the fire equipment is the fire station and the fire-equipment engineer — each has its role.

Sources (Primary Information)

• e-Gov Law Search, "Housing Accommodation Business Act" (Act No. 65 of 2017; promulgated 16 June 2017; in force 15 June 2018), Article 2, paragraph 3; Article 3, paragraph 1; Article 8; Article 11; Article 13; Article 18 (accessed 2026-08-27)
• e-Gov Law Search, "Hotel Business Act" (Act No. 138 of 1948), Articles 2 and 3 (business permit) (accessed 2026-08-27)
• Japan Tourism Agency, "minpaku portal site," overview of the Housing Accommodation Business Act and the notification procedure (counter; the 180-day calculation from noon on 1 April to noon on 1 April the next year) (accessed 2026-08-27)
• Japan Tourism Agency et al., "Guidelines for enforcement of the Housing Accommodation Business Act" (handling of the fire-law compliance notice and attachments) (accessed 2026-08-27)
• Ministry of Land, Infrastructure, Transport and Tourism, "Model condominium management rules (single-building type)," example provisions on the residential accommodation business (accessed 2026-08-27)

This article is general information and does not guarantee the outcome of any individual notification, whether a property can be used for a minpaku, whether a stricter ordinance applies, the required documents, or the handling of the examination. Acceptance and examination of the residential accommodation notification are decided by the prefectural governor or equivalent (the mayor/ward mayor where there is a public health centre), the fire-law compliance notice by the fire station, and the hotel-business permit by the public health centre. Check the restrictions on operating days, the stricter ordinances, and the forms in the ordinance and official pages of the municipality where the dwelling is located. The assessment of whether a property can be used for a minpaku, the brokerage of sale or lease, and the check of the management rules and lease are handled by Yotsuba Real Estate Co., Ltd. (licensed real estate broker); the fire equipment by the fire station and the fire-equipment engineer; and the building confirmation where a hotel permit is needed by the architect — each as an independent business or jurisdiction, under separate contracts and procedures. Our office receives no referral fee. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.