For the vacant houses that are likely to incur external diseconomy, until recently rural public organizations have individually formulated ordinances regarding the appropriate management of vacant houses to deal with the issue. However, due to (1) difficulty in identifying the owner or manager, (2) reluctance in taking forcible measures against private property such as giving orders based on ordinances, the national government had been appealed to, to provide legislation that dealt with vacant housing that incurred external diseconomy.

In response to this, the “Act on Special Measures concerning the Promotion of Measures for Vacant Buildings, etc.” was enacted by House Members on November 19, 2014, and went into partial enforcement on February 26, 2015, then full enforcement from May 26, 2015. Furthermore, based on Article 5 Paragraph 1, the “Basic Guidelines to Comprehensively and Systematically Enforce the Ordinances Regarding Vacant Housing” was established.

This ordinance, after defining “Vacant Housing” as a building and/or attached structure as well as its premises that are not ordinarily being used as a residence or for other purposes (Article 2 Paragraph 1), states that municipalities can decide on a countermeasure plan for vacant housing based on the above Basic Guidelines (Article 6). This countermeasure plan includes the basic guidelines regarding vacant housing, a planning period, an investigation of vacant housing, the promotion of appropriate management and use, measures for “Special Vacant Housing”, how to handle inquiries from citizens, and an implementation system for ordinances, so that it not only provides measures for poorly managed vacant housing, it also provides preventative measures.

“Vacant Housing” that is identified as fulfilling the 4 conditions of: (1) in a condition that, if left as is, may become a serious threat to public safety in ways such as collapsing, (2) in a condition that, if left as is, may become a serious hygiene hazard, (3) in a condition that is seriously damaging the local scenery due to lack of adequate maintenance, (4) in any other condition where neglect would be inappropriate in light of conserving the living environment of the vicinity, are defined as “Special Vacant Housing” (Article 2 Paragraph 2).

For “Special Vacant Housing”, the mayor of the city has been given the right to handle the process from providing advice and guidance, giving warning, to giving orders and execution by proxy in taking necessary steps such as disposal, repair and cutting of standing trees (Article 14). If action is not taken after advice and guidance has been given, then the procedures of issuing a warning and then further giving an order will be followed, but first steps are taken to encourage the property owner to handle the issue. Also, if a person who has been given an order does not implement improvements without good reason, the mayor of the city can enforce the law by proxy.

MLIT supports the efforts of the local public organizations in promoting the use or removal of vacant Housing. An example of this is the adding of an Actual Conditions Investigation of Vacant Housing—needed by municipalities for formulating an Vacant Housing Countermeasure Plan—as a subject to support the Vacant Housing Reclamation Promotion Project. Furthermore, due to the partial revision of the “Rural Tax Law” which was enacted on March 31, 2015, it has been ruled that in cases where the city mayor took the necessary steps according to this law in giving warning to the owner of “Special Vacant Housing” and the owner does not make the required adjustment by January 1st of the following year, the land that is used as the premises of the Special Vacant Housing will be excluded from being eligible as an exceptional residential land for the purpose of fixed property tax. By combining and making use of these systems, we expect that the municipalities will work even harder to promote the Vacant Housing Countermeasures.