Are you wondering which rules to follow for your minpaku operation - the Ryokan Business Law or the New Minpaku Law? This article delves into which law applies to your planned minpaku, with an easy-to-understand deep dive into the Ryokan Business Law!
Both the Ryokan Business Law and the New Minpaku Law vary depending on the services and facilities you offer.
What You'll Learn in This Article▼ |
The specifics of the Ryokan Business Law and the New Minpaku Law |
The type of laws you must comply with in minpaku operations |
Penalties for non-compliance and strategies to avoid them |
When starting a minpaku (private lodging), the choice between the Ryokan Business Law and the New Minpaku Law depends on its location and the purpose of operation.
Ryokan Business Law | New Minpaku Law | |
Strictness of Rules | More rules and stricter. Ensures safety and cleanliness. | Fewer rules, more flexible. Easier to start for short-term rentals. |
Guest's Sense of Security | High trustworthy. | Trustworthy. |
Operational Locations | Limited areas (commercial, quasi-commercial, semi-industrial, unspecified zones). | Wider range (including residential areas). |
Operating under the Ryokan Business Law categorizes your minpaku as a "ryokan, hotel, or simple lodging," while following the New Minpaku Law categorizes it as "minpaku (renting out private residences)."
Both laws have standards for safety, hygiene, and consideration for neighbors, and require proper authorization for operation.
This law establishes rules for accommodation facilities like hotels and ryokans.
It sets very strict standards to ensure guests stay in a safe and clean environment.
For example, facilities similar to a hotel front desk and emergency evacuation equipment for quick escape in case of fire are required. Also, the location of these hotels is restricted to specific areas, such as those with shops or factories.
This is a new law established in 2018, designed to simplify the process of renting out ordinary homes to travelers for short periods.
When homeowners rent out their homes as "minpaku," they don't need to meet as strict standards as the Ryokan Business Law.
For instance, it's okay not to have a front desk, and the evacuation equipment can be more basic. The location is also more flexible, allowing operation in residential areas.
However, there is a "180-day rule," meaning you can only operate for 180 days in a year. For the remaining 185 days, you can consider operating as a monthly or weekly rental.
First, check the zoning area of the property you plan to use for your minpaku (more on zoning areas later).
If the zoning area is suitable for both the Ryokan Business Law and the New Minpaku Law, your choice will depend on several factors:
How much profit you aim to make (remember, the New Minpaku Law limits operation to 180 days per year).
How often you plan to use the property yourself (e.g., as a vacation home).
Your preference for avoiding complicated procedures and desire for a quick start.
Based on these priorities, you'll choose between the New Minpaku Law and the Ryokan Business Law.
Which Law? | Focus on Profit | Suitability for Business | Barrier to Operation |
Ryokan Business Law | High | Ideal for year-round, continuous business | High |
New Minpaku Law | Lower | Suitable if you're okay with half-year revenue and using it as a personal vacation home for the rest | Lower |
For a local, community-focused minpaku, choose the New Minpaku Law. It's great for a genuine local experience.
If you're in a business district, industrial area, or resort, the Ryokan Business Law is better. It's stricter but ensures safety and cleanliness.
For trendy urban apartments, the New Minpaku Law is ideal. It's simple and suits a modern city vibe.
For luxurious villas in resorts with year-round rental, go with the Ryokan Business Law. It's perfect for continuous, upscale operations
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What is a Special Zone Minpaku? Who is it Best Suited For? (Coming Soon) |
Remember the 180-Day Rule When Operating a Minpaku in Japan(Coming Soon) |
When operating a minpaku (Japanese-style lodging) under the Ryokan Business Law, it's crucial to understand the following key points:
Zoning regulations
Building usage
Fire safety equipment
Front desk and other facility requirements
Permit acquisition process and procedures
Let's delve into these in detail.
Zoning regulations determine what types of buildings and activities are allowed in a specific area. In "Residential Zones," which are typically quiet residential areas, operating under the Ryokan Business Law can be challenging.
However, in "Mixed Residential Zones" (areas with small-scale shops and offices besides residences) and commercial areas with many shops and businesses, it's feasible to establish accommodations in accordance with the Ryokan Business Law.
Under the New Minpaku Law, you can operate in almost any zone except industrial areas. But remember, some locations may require special permissions, so always check with your local municipality before starting.
Here's a quick reference chart for zoning regulations.
Zoning Area Name | Ryokan Business Law (Simple Lodging Minpaku) | New Minpaku Law | Area Characteristics |
Category I Low-Rise Residential Area | × | ○ | Dominated by single-family homes, quiet living environment |
Category II Low-Rise Residential Area | × | ○ | Predominantly low-rise housing, allows medium-sized shops and schools |
Category I Medium and High-Rise Residential Area | × | ○ | Centered around medium and high-rise housing, permits certain commercial facilities |
Category II Medium and High-Rise Residential Area | × | ○ | Mix of medium and high-rise housing, large commercial and public facilities allowed |
Industrial Area | × | ○ | Focused on factories, housing and commercial facilities allowed but lodging generally not |
Exclusive Industrial Area | × | × | Dedicated to factories, construction of housing, commercial, and lodging facilities not permitted |
Rural Residential Area | × | ○ | Housing with the possibility of agriculture |
Category I Residential Area (up to 3000㎡) | ○ | ○ | Allows construction of certain commercial facilities and hotels |
Category II Residential Area | ○ | ○ | Diverse commercial facilities and lodging can be built |
Semi-Residential Area | ○ | ○ | Coexistence of automotive facilities and housing, lodging construction allowed |
Neighborhood Commercial Area | ○ | ○ | Daily shopping area, allows housing, commercial facilities, and small factories |
Commercial Area | ○ | ○ | Concentration of banks, cinemas, restaurants, lodging construction allowed |
Quasi-Industrial Area | ○ | ○ | Light industry and service facilities, construction of many facilities allowed |
Reference Page: Land Use Planning | Ministry of Land, Infrastructure, Transport and Tourism (Japanese)
To check which zoning area applies to your minpaku location, you can also refer as following;
Reference Site: Land Use Area Map | MapExpert (Japanese)
When planning to establish a lodging facility, it's crucial to consider its proximity to schools and child welfare facilities.
If your property is located within approximately 100 meters of such institutions, there's a possibility that permission to operate may be denied due to potential environmental disturbances.
However, installing facilities that obstruct the view might increase the chances of obtaining permission. Since regulations vary by region, it's essential to confirm with the local municipality where the property is located.
Notes▼
In some tourist areas, it's possible to operate minpaku under the Ryokan Business Law. For example, in the area around Lake Kawaguchi, there are extensive "Residential Areas" where permission under the Ryokan Business Law can be obtained.
Reference Page: Comprehensive Urban Planning Map | Fujikawaguchiko Town, Yamanashi Prefecture | Super Check Sheet
In contrast, in Exclusive Residential Areas (where the Ryokan Business Law is not applicable, but the New Minpaku Law is), such zoning is not as widespread. This indicates that the area planning takes into consideration not only housing but also the use of properties as lodging facilities.
Reference Site: Super Check Sheet | Revised in Reiwa Era (Japanese)
When operating a minpaku under the Ryokan Business Law in Japan, the property must be classified as a "ryokan (Japanese inn) or hotel" according to the Building Standards Law.
However, if the property is less than 200 square meters, you may be able to start operating without going through complex procedures.
(Though, you must follow the zoning rules of the area where the property is located. This means ensuring that the property's use as a ryokan or hotel is permissible within the designated land use category of that area.)
When operating a minpaku as a ryokan or hotel under Japan's Ryokan Business Law, the following fire safety equipment rules apply:
Equipment Requirement | Necessary Condition | Description |
Fire Extinguishers | Total floor area over 150m² | For initial firefighting during a fire |
Indoor Fire Hydrants | Total floor area over 700m² | To support firefighting activities inside the building |
Automatic Fire Alarm System | Most facilities | Automatically detects fires and triggers alarms |
Earth Leakage Fire Alarm | Total floor area over 150m² | Detects electrical leaks that could cause fires |
Emergency Alarm Equipment or System | Capacity for 20 or more guest | For issuing alarms in emergencies |
Evacuation Equipment | On floors above the second level or basement with a capacity of 30 or more | To aid in emergency evacuations |
Guide Lights and Signs | All facilities | To indicate evacuation routes and exits |
Additional points to consider when operating a ryokan or hotel:
A "Fire Service Act Compliance Notification" is required to prove the building meets fire safety standards.
New constructions are usually designed by architects to comply with fire safety requirements.
Existing buildings repurposed for ryokan use may need renovations to meet legal requirements.
Always confirm the building's compliance with fire safety laws before signing any contracts.
For minpaku operations under the New Minpaku Law, the rules are as follows:
Rule | Target | Under 50㎡ | Over 50㎡ | Notes |
Automatic Fire Alarm | Guest rooms (bedrooms) | ✓ | ✓ | In host-present minpaku, if the guest bedroom is under 50m², standard residential rules apply. Only a fire alarm in the bedroom is required. |
Fire Extinguisher | Total floor area of minpaku | ✓ | ✓ | Even in basements, windowless floors, or floors above the third level with an area over 50m², a fire extinguisher is required. |
Evacuation Route | Floor area of guest rooms (bedrooms) | ✕ | ✓ | Over 50m², an evacuation route must be established. |
Fire Safety Equipment Inspection | Firefighting facilities | ✓ | ✓ | Annual inspection and maintenance are required. |
For minpaku without the host present, the same fire safety measures as ryokan or hotels are necessary.
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Rules of Fire Safety in Minpaku Operations: Explained by a Minpaku Pro (Coming Soon) |
Traditionally, hotels and ryokans required a front desk for guest check-ins. However, a legal amendment in 2018 exempted small-scale lodging facilities from the obligation to have a front desk.
Innovative services utilizing smart check-in systems, AI facial recognition, video chat, and smart lock integration have emerged, enhancing guest convenience while addressing the issue of staff shortages for operators.
A leading example is "AirHost ONE" provided by AirHost.
By implementing "AirHost ONE," lodging facilities can offer guests a smooth check-in experience, address staffing issues, reduce operational costs, and improve service quality.
Explore more about here ▶ AirHost ONE
Operating a licensed minpaku involves responsibility and risks. Let's delve into the legal environment and the necessary knowledge to avoid penalties.
Operating a minpaku without a license can lead to hefty fines and legal troubles. The violations and penalties under the Ryokan Business Law are summarized in the table below:
Type of Violation | Description | Penalty | Article in the Inn |
Unauthorized Operation | Operating an inn or hotel business without a permit | Imprisonment for up to 6 months or a fine of up to 1 million yen, or both | Article 10, Paragraph 1 of the Inn Business Law |
Violation of Orders (Cancellation of Permit, Suspension of Business) | Violating improvement orders or other dispositions under the Inn Business Law | Imprisonment for up to 6 months or a fine of up to 1 million yen, or both | Article 10, Paragraph 2 of the Inn Business Law |
Violation of Business Obligations | Refusing accommodation, failure to maintain a guest register, etc. | Fine of up to 500,000 yen | Article 11, Paragraph 1 of the Inn Business Law |
Obstruction of Inspection or Violation of Reporting Duties | False reporting, obstructing inspections, etc. | Fine of up to 500,000 yen | Article 11, Paragraph 2 of the Inn Business Law |
Violation of Orders (Measures Necessary for Public Health or Good Morals) | Violating orders for operational improvement | Fine of up to 500,000 yen | Article 11, Paragraph 3 of the Inn Business Law |
Dual Liability Provision | Legal entities or employers are also punishable for violations | Same amount of fine as the perpetrator | Article 13 of the Inn Business Law |
Understanding these legal aspects is crucial for anyone considering entering the minpaku business to ensure compliance and avoid legal issues.
Source page:Business Operations 2" section of the Minpaku Private Lodging System Portal Site
To avoid penalties and comply with the law when operating a Minpaku (private lodging) in Japan, consider the following practical steps:
Consult with Local Authorities: Before starting, consult with your local public health center or other relevant agencies. This is important as there may be region-specific rules.
Submit Necessary Documents: Prepare and submit all required documents, such as proof of ownership, safety inspection reports, and insurance coverage.
Accept Inspections: Accept inspections from local authorities to ensure that your property meets health and safety standards.
Consider Professional Assistance: If managing the process is challenging, consider hiring a professional, such as an administrative scrivener. Once you obtain a permit under the Ryokan Business Law, a "Ryokan Business (Operating) Permit" will be issued.
While the Ryokan Business Law has strict rules, there are numerous benefits to its operation:
No limit on the number of operating days.
Advantages in listing on Online Travel Agencies (OTAs).
Credibility and brand strength.
Easier collaboration and support from local communities, as well as national and municipal governments.
Let's see these points in detail.
Being able to operate unrestricted throughout the year is a significant advantage. The absence of limits on operating days offers benefits such as:
Open 365 Days: Opportunities for income regardless of the season.
Increased Revenue: Full operation during both peak and off-peak seasons without restrictions.
Strategic Flexibility: Ability to adapt promotions, pricing, and events flexibly.
Customer Satisfaction: Being always open makes it easier to retain repeat customers.
Stable Management: Reliable business planning, unaffected by market fluctuations.
With the permission under the Ryokan Business Law, you can welcome guests at any time. Aim for maximum revenue throughout the year!
Some OTAs may only allow listings for ryokan properties. Additionally, obtaining permission under the Ryokan Business Law offers the following advantages:
Expanded Target Audience: The more OTAs you can list on, the more travelers you can reach.
Increased Competitiveness: Limited OTA listings reduce competition and increase visibility.
By obtaining permission under the Ryokan Business Law, you can gain a competitive edge in the OTA market.
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Don't Fail in Your Minpaku Business: Focus on Attracting Customers via OTAs (Coming Soon) |
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Hotels and ryokans that comply with the Ryokan Business Law have the flexibility to accommodate as many guests as they have rooms. Additionally, they offer:
Ideal for Families and Groups: Provide a comfortable stay for large families or group travelers, making for a memorable experience.
Suitable for Events and Training Camps: Cater to the accommodation needs of large groups, such as sports teams or seminar attendees.
Increased Profitability: Welcoming more guests increases revenue opportunities and business expansion.
However, for minpaku that comply with the Ryokan Business Law and the new Minpaku Law, there is a rule requiring a minimum floor area of 3.3 square meters per person.
This floor area includes bedrooms, bathrooms, toilets, washrooms, living rooms, and other areas accessible to guests.
Moreover, when operating a minpaku that accommodates more than 10 guests at a time, it's necessary to check with the local health office in advance regarding the property's size, the number of toilets, and the number of bathrooms.
For example, in Chiyoda Ward, Tokyo, for a capacity of 10 people, it is required to have three toilets (separated for males and females).
Obtaining a license under the Ryokan Business Law not only serves as a mark of quality but also helps in gaining the trust of domestic travelers. Additionally, it brings several benefits:
Enhanced Brand Value: The quality and reliability of the accommodation symbolize an increase in brand value.
A Key Reason for Selection: Many guests prioritize safety and trust. A Ryokan Business Law license becomes a significant reason for their choice.
Strengthened Word-of-Mouth: Positive reviews from satisfied guests can increase, attracting new guests and enhancing the establishment's reputation.
These are some of the advantages that can be gained by complying with the Ryokan Business Law.
Obtaining a license under the Ryokan Business Law also offers the following benefits:
Synergy with Local Communities: Smooth collaboration with local governments.
Access to Grants: Easier utilization of municipal grants and support programs, leading to more accessible financial assistance.
Business Stabilization: Receiving support from the local community strengthens the business foundation, enabling stable operations.
Contribution to the Local Economy: Cooperation with the community can contribute to the local economy, increasing the likelihood of building positive relationships.
Strengthening ties with local governments facilitates economic support, allowing for both business stability and contribution to the local community.
While the Ryokan Business Law has many rules, it also offers significant benefits in maximizing the advantages of your lodging facility.
However, to fully leverage these benefits and lead your guesthouse business to success, specialized support is essential.
AirHost can assist with operations compliant with both the Ryokan Business Law and the New Minpaku Law.
Especially for operations based on the New Minpaku Law, we provide dedicated OTA support like Rakuten Vacation Stay and convenient features to comply with the 180-day rule.
Utilizing AirHost could enable you to efficiently manage your lodging while complying with the law and expanding your guesthouse business.
Feel free to contact us as your first step in the guesthouse business.
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