Key points of the Private Lodging Business Act
Updated: July 2026, 8
It has been decided that the ``Residential Lodging Business Bill,'' which stipulates rules for the provision of private lodging services, will go into effect next year on June 30, 6.
The Private Lodging Business Act enables new business forms that are not limited to the traditional hotel business.
There are four points below.
Point 1: Private lodging operators, managers, and intermediaries must report and register.
This law requires notification and registration not only for private lodging business operators, but also for private lodging management companies and private lodging intermediaries. A private lodging management company is a company that is commissioned by a private lodging business operator, receives compensation, and performs the tasks stipulated by the Private Lodging Business Act and the maintenance and maintenance of notified housing that is necessary for the proper implementation of the private lodging business. Refers to the person who performs the act. A residential lodging agency refers to a person who engages in business that falls under ① or ②, such as a person who operates a private lodging brokerage site.
① Acts of concluding a contract on behalf of a guest, acting as an intermediary, or making an intermediary regarding the provision of accommodation services at a registered residence on behalf of a guest.
② Acts of concluding a contract on behalf of a private lodging business operator or acting as an intermediary regarding the provision of lodging services to guests at registered housing.
The application required for each business is as follows.
| Application form | Applicant | Registration license tax | |
| residential accommodation provider | notification | Prefectural governor* | None |
| Residential accommodation management company | Registration | Minister of Land, Infrastructure and Transport | 9 yen (updated every 5 years) |
| Residential accommodation broker | Registration | Commissioner of Tourism Agency | 9 yen (updated every 5 years) |
*In cities or special wards with public health centers where you wish to handle paperwork for private lodging projects,
Each local government plans to start accepting advance applications from March 3th next year (15 days before the enforcement date).
Point 180: The maximum number of days provided per year is XNUMX days.
In this bill, "residential lodging business" is defined as follows: "Private lodging business" refers to a business in which a person other than a business operator stipulated in Article 3-2, Paragraph 1 of the Inns and Hotels Act (Act No. 138 of 1948) accommodates people in a residence in exchange for accommodation fees. This refers to a business that provides lodging for a person, and the number of days for which a person is accommodated does not exceed 180 days in one year, as determined by the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and the Ordinance of the Ministry of Health, Labor and Welfare. ”
In other words, the "number of days a person can stay overnight" is limited to "180 days in a year." Until now, the hotel industry had no upper limit on the number of business days, so this is one of the differences.
Moreover, since local ordinances allow restrictions on the implementation of residential lodging businesses, it is possible for local governments to set an upper limit on the number of business days to 180 days or less per year. For example, Shinjuku Ward has enacted an ordinance prohibiting business from Monday to Thursday in residential areas. Other local governments are also in the process of considering proposed ordinances after holding study meetings at their ward assemblies, conducting public comments, and collecting voices from the general public.
In other words, there will be some local governments that want to promote the residential lodging business in the future, and others that do not.
Point 3: Mandate measures for proper execution of residential lodging business
Private lodging businesses can be divided into types in which the landlord lives with the user (landlord-occupied type) and types in which only housing is provided (landlord-less type).
In the case of landlord-occupied accommodation, measures are required to ensure the proper execution of the residential lodging business (measures to ensure hygiene, explanations for noise prevention, response to complaints, creation and provision of a guest list, posting of signs, etc.). I am.
In addition, for homes without a landlord, it is mandatory for the housing provider to entrust the above management to a "residential lodging management company." By doing so, the aim is to ensure proper management, safety and hygiene of the residential lodging business, and to prevent troubles in the neighborhood.
Point 4: No need to change the use of the building
The Hotel Business Act basically requires the use of a building to be changed to a hotel or inn.
However, this law assumes that buildings originally used as residences can also be used as lodging facilities, so buildings can be operated as residences, tenements, apartment complexes, or dormitories.
As a result, it has become easier to provide private lodging services by effectively utilizing parts of occupied houses and vacant apartments.
Q & A
How do you determine whether a business falls under the category of residential lodging management business?.
This will be done comprehensively, taking into account various factors, with reference to the following business viability: [Page 10 of the Private Lodging Business Act Enforcement Guidelines (Guidelines)]
<Business feasibility> Regardless of whether the business is repeatable or continuous, even if the business is commissioned by a private lodging business operator on a one-time basis, if the business feasibility is recognized, it falls under the category of private lodging management business. If you perform private lodging management business without receiving remuneration, it does not fall under the category of private lodging management business, but if you receive substantial compensation in a form other than money, it falls under the category of private lodging management business. *If you are subcontracted by a private lodging management company to perform some of the actual acts of private lodging management business, you do not need to apply for registration as this does not fall under the category of private lodging management business.
How do you determine whether your business falls under the category of residential lodging management business?
The determination of whether the property falls under the residential lodging agency business will be made comprehensively by taking into account various factors, with reference to the following whether or not there is profit potential and whether there is business potential. [Page 10 of the Private Lodging Business Act Enforcement Guidelines (Guidelines)] <Profitability> By the act of concluding a contract on behalf of, acting as an intermediary, or acting as an intermediary for receiving lodging services at a registered residence. , it is a reward if you are earning economic income. Even if it is in the form of something other than money, it falls under remuneration if it actually receives consideration. Furthermore, even if the business is carried out by the national government, local governments, public organizations, or non-profit organizations, registration as a private lodging agency is required. <Whether or not it has business potential> If there is an intention to repeat the act, such as advertising that it will arrange accommodation, etc., it can be said that it has business potential.
How do you calculate the number of business days?
For each notified residence, we will calculate the number of days that people were allowed to stay there during the period from noon on April 12st of each year to noon on April XNUMXst of the following year. [Article XNUMX of the Enforcement Regulations of the Private Lodging Business Act] Private lodging business operators are obligated to report to the prefectural governor the number of days they let people stay in their registered housing in even-numbered months. [Ministry of Land, Infrastructure, Transport and Tourism-related Residential Lodging Business Act Enforcement Regulations Article XNUMX]
To what extent is the landlord-occupied type allowed?
It depends on the ordinance of the local government where the registered home is located, but for example, if you live next to the registered home, you will not be eligible for the landlord-occupied type. The temporary absence that is assumed for the landlord-occupied type is assumed to be for purchasing daily necessities, etc. (generally 13,24 hour), and does not apply to continuous absences for long periods of time due to work, etc. [Enforcement guidelines for the Private Lodging Business Act (Guidelines) pages XNUMX and XNUMX]
Can part of the building be registered as a residence?
yes. The residence to be notified does not have to be one building; for example, in a building where multiple uses coexist, such as a store and a residence, only the residential portion excluding the store portion must be reported as a residence. I can. [Page 11 of the Private Lodging Business Act Enforcement Guidelines (Guidelines)]
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