The Japanese Real Property Registration Act (不動産登記法 - Fudōsan Tōki Hō, or RPRA) offers a streamlined procedure under its Article 74, Paragraph 2, for the first buyer (direct transferee) of a newly constructed condominium unit with integrated site-use rights (敷地権付き区分建物 - shikiken-tsuki kubun tatemono) to apply for an ownership preservation registration (所有権保存登記 - shoyūken hozon tōki) directly in their own name. This "heading-skipping" registration avoids the intermediate step of the developer first registering ownership in their name and then transferring it. A critical component of this specialized application is the "consent information" (承諾情報 - shōdaku jōhō) provided by the registered holder of the site-use right (shikiken no tōki meigi'nin), who is typically the developer.

This article delves into the specifics of this consent information: its legal necessity, the party responsible for providing it, its essential contents, and the accompanying documentation required to ensure a valid and successful registration under this provision.

The Legal Imperative: Why Consent is Essential for RPRA Art. 74(2)

The requirement for this consent stems directly from the latter part of RPRA Article 74, Paragraph 2, and is further detailed in ancillary regulations like the Real Property Registration Ordinance (不動産登記令 - Fudōsan Tōki Rei), specifically its Appended Table 29, which lists attached information for various registration types.

The fundamental reason for this consent requirement lies in the dual legal effect of the transferee's ownership preservation registration when it concerns a shikiken-tsuki unit:

1. Preservation of Unit Ownership: Formally, the application is for the "preservation" of ownership of the newly acquired condominium unit in the name of the first buyer. This is the first time an ownership right for that specific unit is being entered into the Kō-ku (甲区 - ownership section) of the register.
2. Simultaneous Effectuation of Shikiken Transfer: Crucially, due to the principle of integration and the operation of RPRA Article 73, Paragraph 1, this ownership preservation registration for the shikiken-tsuki unit is legally deemed to also effect the transfer of the integrated site-use right (shikiken) from the developer (who is the initial shikiken holder and the title-deed holder - 表題部所有者 hyōdaibu shoyūsha) to the buyer.

Since the developer is the party whose shikiken is effectively being transferred to the buyer through this streamlined preservation registration by the buyer, the developer's formal consent is indispensable. It acts as the legal manifestation of the "obligor's" (the developer's) will to transfer the shikiken component as part of the overall sale of the integrated property unit. Without this consent, the registrar cannot be assured that the shikiken holder agrees to this direct registration by the transferee which also impacts their land rights.

Who Provides the Consent? Identifying the "Registered Holder of the Site-Use Right"

In the context of a new condominium development and the initial sale of units:

• The developer (the company or entity that constructed and initially owns the entire condominium building) is typically the one who establishes the site-use rights for all units.
• The developer is therefore recorded as the title-deed holder (hyōdaibu shoyūsha) in the building's initial display registration (表示登記 - hyōji tōki).
• Concurrently, the developer is also the registered holder of the site-use right (shikiken no tōki meigi'nin) for all units before they are sold.

Therefore, for an Article 74(2) application by the first buyer of a unit, the developer company is the party that must provide the consent information.

Essential Contents of the "Consent Information" (承諾証明情報 - Shōdaku Shōmei Jōhō)

The consent information is not a mere informal approval; it is a formal legal document with specific content requirements necessary for the registration to be accepted. While the exact wording can vary, it must substantively include the following, based on legal practice, interpretations, and the implications of related regulations (such as those referenced in the source materials, e.g., Appended Table 29 of the RPRA Ordinance, attachment ロ):

1. Clear Identification of the Consenting Party:
   • The full legal name and registered address of the consenting party (the shikiken holder, i.e., the developer).
2. Clear Identification of the Transferee (Applicant):
   • The full name and address of the direct transferee (the first buyer) who will be applying for the ownership preservation registration.
3. Precise Description of the Condominium Unit:
   • The full and unambiguous description of the specific condominium unit being acquired by the transferee. This includes the building's name (if any), its location, the unit number (家屋番号 - kaoku bangō), and other identifying details as per its display registration.
4. Accurate and Complete Description of the Shikiken:
   • A detailed description of the shikiken that is appurtenant to the specified unit and is being effectively transferred. This must include:
     • The type of land right (e.g., ownership share, superficies, leasehold).
     • The full details of the land parcel(s) that are the object of the shikiken (location, lot number(s), land category - 地目 chimoku, area - 地積 chiseki).
     • The exact proportion (割合 - wariai) of the shikiken attributable to this specific unit (e.g., "10000分のXX" - XX out of 10000 shares).
       This information must precisely match the shikiken details already recorded in the unit's display registration (表題部).
5. Explicit Statement of Consent to the Transferee's Preservation Registration:
   • A clear and unequivocal statement that the shikiken holder consents to the named transferee applying for, and obtaining, an ownership preservation registration for the specified condominium unit directly in the transferee's name under the provisions of RPRA Article 74, Paragraph 2.
6. Acknowledgement of the Shikiken Transfer Effect:
   • This is a critical component. The consent document should demonstrate that the consenter (developer) understands and agrees that the transferee's ownership preservation registration will, by operation of RPRA Article 73, Paragraph 1, also serve to legally transfer the specified shikiken to the transferee. The consent implicitly covers this vital aspect of the transaction.
7. Details of the Underlying Transaction (Cause and Date of Registration):
   • The consent information must state or clearly reference the "cause of registration" (登記原因 - tōki gen'in) and the "date of that cause" (その日付 - sono hizuke) for the transferee's acquisition of the unit (and thereby the shikiken) from the consenter. For instance, "Cause: Sale; Date: April 1, 2025." This is because, for an Art. 74(2) preservation registration, the cause and date are actually recorded in the register (RPRA Art. 76(1) proviso). The consent document substantiates the transfer aspect that these recorded items reflect.
8. Date of Execution of the Consent Document:
   • The date on which the consent document was prepared and signed/sealed.
9. Signature and Registered Seal of the Consenting Party:
   • The consent document must be executed by an authorized representative of the developer company and affixed with the company's officially registered seal (実印 - jitsuin).

Mandatory Accompanying Document: The Seal Certificate (印鑑証明書 - Inkan Shōmeisho)

To verify the authenticity of the registered seal used on the consent information, a crucial supporting document is required:

• An official Seal Certificate (印鑑証明書 - inkan shōmeisho) for the registered seal of the consenting shikiken holder (the developer company).
• This Seal Certificate must have been issued by the competent authority (usually the Legal Affairs Bureau for a company's seal) within three months preceding the date of the filing of the registration application, as per general rules for documents requiring authentication by a registered seal in property registrations.

The combination of the consent document bearing the registered seal and a recent, valid seal certificate provides the registrar with strong evidence of the consenter's identity and their genuine will.

Relationship with Other Key Application Documents

1. Information Certifying the Cause of Registration (Tōki Gen'in Shōmei Jōhō):
   As mentioned, for an Art. 74(2) application, the buyer (transferee) must also submit "Information Certifying the Cause of Registration" – typically the original Sales and Purchase Agreement. The consent information from the developer complements this by specifically authorizing the streamlined registration pathway. The sales contract proves the agreement to transfer ownership, while the developer's consent information explicitly greenlights the direct preservation registration by the buyer which includes the shikiken transfer.
2. No Requirement for the Developer's Registration Identification Information (RII) for the Shikiken:
   A notable point is that when a transferee applies under Art. 74(2), the developer (as the shikiken holder ceding the right) does not need to provide their Registration Identification Information (RII) for the shikiken itself.
   • In a standard transfer registration, the registered obligor (seller) would provide their RII to prove their identity and intent.
   • However, in the Art. 74(2) preservation registration, the developer is not a direct applicant or obligor in the same procedural sense for this specific registration type. They are the party from whom the right is acquired, and their consent to the transferee's direct registration is the key. Their identity and will are verified through the formal consent document, their registered seal, and the accompanying seal certificate, rather than through RII in this particular streamlined process.

Additional Considerations for Leasehold or Superficies-based Shikiken

If the shikiken being transferred is not an ownership share in the land but rather a leasehold right (賃借権) or a superficies right (地上権) held by the developer, an additional layer of consent might be necessary:

• If the terms of the underlying head lease (原賃貸借契約 - gen-chintaishaku keiyaku) or superficies agreement (地上権設定契約 - chijōken settei keiyaku) between the ultimate landowner and the developer (as lessee/superficiary) require the landowner's consent for any assignment or transfer of the leasehold/superficies, then such consent from the ultimate landowner might also need to be obtained and submitted. This is a general principle of leasehold/superficies law (e.g., Civil Code Art. 612 for leaseholds) that would apply to the transfer of the developer's right, even when it's part of a shikiken. The application for the unit's preservation (which includes the shikiken transfer) would need to demonstrate that all necessary consents for the valid transfer of the underlying land right have been secured.

Consequences of Defective or Missing Consent Information

The consent information, along with its supporting seal certificate, is not a mere formality. If it is missing, incomplete, improperly executed (e.g., wrong seal used, not properly dated), or if the seal certificate is outdated or invalid, the Legal Affairs Bureau will almost certainly deem the application for ownership preservation under Article 74(2) to be deficient. This would typically lead to a request for correction or, if not rectified, the rejection (却下 - kyakka) of the application. The streamlined Art. 74(2) pathway is strictly contingent upon all its specific documentary requirements being met.

Conclusion

The "consent information" (承諾情報) from the registered holder of the site-use right (typically the developer) is an indispensable and meticulously defined requirement for a direct transferee (first buyer) wishing to utilize the streamlined ownership preservation registration process under Article 74, Paragraph 2 of Japan's Real Property Registration Act for a shikiken-tsuki condominium unit. This formal document, authenticated by the consenter's registered seal and an official seal certificate, must clearly identify the parties, the property, the specific shikiken being transferred, the underlying transaction (cause and date), and explicitly state consent to the buyer's direct registration, acknowledging its effect on the shikiken.

This mechanism, while detailed, is crucial. It allows the Japanese registration system to offer an efficient pathway for initial condominium sales while simultaneously ensuring that the transfer of the integrated and valuable site-use rights occurs with the verified knowledge and approval of the party ceding those rights, thereby upholding the integrity and reliability of the property register.