Hotel license or Minpaku business
In the case you operate airbnb business, hotel business, Airbnb business, there are two options.
You obtain Hotel Inn License based on Hotel Business law.
Or you register your real estate based on Minpaku law (=Private lodging business law. Date of enforcement is 15th, June, 2018).
Limitation of 180 days per a year
If you register your real estate based on New Minpaku law, you can accommodate at maximum 180 day (from 1, April to end of March of the following year)
Minpaku ordinance of Shibuya-ku, Tokyo
New Minpaku Law was adopted by Japanese government though, each ward can stipulate its ordinance (Jourei) to enforce this law.
Here I would like to explain ordinance stipulated by Shibuya ward.
You (Minpaku Business Operator = a person who rents out its real estate to guest, tourist etc) needs to prepare emergency food, drinks in your Hotel (where your guest stays).
Notification to Neighboring personrs
You need to inform neighboring persons of your operation seven days prior to registration based on New Minpaku law directly or by post.
Range of neighboring person is stipulated by ordinance. If your minpaku facility is located in building, you need to inform all residents and owners (even if owners are renting out her real estate and they are not living in the building.) of the building and apartment association.
In the event your real estate is located in exclusively residential zone.
You need to meet with them.
Then if you can not meet with them, you can record your activities. Then you can repeat it several times. Then, you record such activities and inform city hall.
Then, city hall decides whether you can start Minpaku business or not.
You need to inform your or administrator’s contact information and contact information of a company that handles your business generated trash. When your application is accepted by city hall and received registration number, you need to inform these neighboring persons of your registration number)
Zoning and Minpaku
You can NOT operate your New Minpaku Hotel Business in exclusive residential zone nor school zone (“regulation 1”).
(However you can operate it during summer vacation, winter vacation, spring vacation)
However this “regulation 1” does not apply to cases where (1) you operate your New Minpaku Hotel Business within 100 meters from your residence or Minpaku administrator company and (2) you or Minpaku administrator company are member of neighboring association (Chonai kai).
And (3) you inform neighboring person of your Minpaku Business in person.
(Minpaku operator who satisfies all of (1)(2)(3) is referred to “special operator”)
(Even if your Minpaku facility is not located in exclusively residential zone, you still need to inform neighboring person of your Minpaku business. But in that case you can inform them by post.
In the case you need to inform neighboring residents in person = you want to become “special operator” and there is a residential building within ten meters from your house, you need to meet with all residents of the building.)
So, if you want to operate New Minpaku hotel business in exclusive residential zone, you need to join neighboring association and talk with them about your Minpaku business.
Then, when you file registration based on New minpaku law, you need to prove that you are member of neighboring association and your notification to neighboring association.
In the case of other zoning, there is not such regulation. So, you can operate your New Minpaku Hotel Business all year around (up to 180 days per a year).
However in any cases, you need to put plate that says you are operating Minpaku business in your residence.
When your application is accepted by city hall, you will receive a plate that clarifies your registration number.
Your real estate should have enough space to accommodate guests. At least 3.3 square meters per one guest.
In the case you are “special operator”, you need to submit papers that clarifies you satisfy (1)(2)(3) mentioned above.
In the case you own or rent a unit in a building and someone is living in the building, you need to prove that apartment owners association permits your Minpaku business.
As for Garbage produce by Minpaku business
Your guest will produce Garbage in your residence. The garbage is included in Business generated garbage. So, when you apply for registration based on Minpaku law, you need to hire a company that can dispose business generated garbage.
When you apply for this registration, you need to provide a document that certifies your address, name etc. So, you will prepare statutory declaration (original paper is necessary. Authority can not return it !)
Then, you also need to provide documents that certifies you are not bankrupt, nor adult ward. So, depending on law of your home country, you need to visit notary public office in Japan.
Fire prevention facility
Even if you take these measures, you still need to install necessary fire prevention facilities and hire registered management company (depending on situation).
Even if your real estate is deemed as residence based on new minpaku law, depending on situation, your real estate is deemed as hotel, inn.