Buying GuidePublished

New Build or Resale? How to Check Earthquake Standards and Reserves Before Buying in Japan

"New builds feel safer but cost more; resales are cheaper but who knows what you're getting" — that's the dilemma many overseas readers face when deciding between a new build and a resale property in Japan. Judging purely on the price gap, though, means missing issues that matter after you move in: earthquake resistance and future repair costs.

This article walks through three checks worth making regardless of whether you buy new or resale: earthquake standards, non-conformity liability (formerly called defect liability), and the building's repair reserve fund.

What's actually behind the price gap between new and resale?

Resale units are generally priced lower than a comparable new build, but that gap isn't simply a matter of age. New builds price in the latest fixtures and a statutory warranty (liability for structural and waterproofing elements for 10 years after handover), while a resale property's real value depends heavily on the previous owner's maintenance and repair history.

So rather than assuming "resale is simply the better deal," you need to weigh the new build's warranty terms against the resale unit's maintenance history individually.

When did Japan's earthquake standards last change?

Japan significantly revised its earthquake resistance standards under the Building Standards Act as of June 1, 1981; buildings that received building confirmation after that date are generally referred to as meeting the "new earthquake standard." For wooden houses, a further revision to the Act's enforcement order in 2000 spelled out foundation and joint specifications in more detail — worth knowing as a rough marker when you're checking a resale property's history.

That said, "new standard equals safe, old standard equals dangerous" is too simple a line to draw. In practice, checking the specific building's seismic assessment and any retrofit history matters more than the date alone.

Rules covering earthquake resistance and quality

Building Standards Act (1981 revision, effective June 1, 1981)
Buildings that received building confirmation after this date are generally said to meet the 'new earthquake standard.' Wooden houses saw further detail added via a 2000 revision to the Act's enforcement order.
Housing Quality Assurance Act, Articles 94 and 95
For new-build housing, the contractor or seller is generally required to bear liability for structural load-bearing elements and rainwater-intrusion prevention for 10 years after handover.

Check the statutes on e-Gov

How far does 'non-conformity liability' extend on a resale property?

For a resale property, it's essential to confirm before signing how liability is handled if a defect that doesn't match the contract terms — a roof leak, termite damage — turns up after handover. Under the Civil Code, buyers generally have the right to demand repair (cure) or a price reduction, but in a private sale between individuals, or where the seller isn't a licensed real estate broker, a special contract clause can shorten this liability period considerably.

When a licensed real estate broker is the seller, any special clause less favorable to the buyer than the Civil Code default is generally void unless it sets the liability period at 2 years or more from handover — offering buyers some baseline protection. Even so, exactly what's covered (structural elements only, or fixtures too) varies by contract, so understanding the statute isn't a substitute for reading the actual contract text.

Rules covering non-conformity liability

Civil Code, Article 562
If the delivered property doesn't conform to the contract, the buyer may generally demand cure (such as repair).
Civil Code, Article 563
Where cure isn't provided under certain conditions, the buyer may generally demand a reduction in the purchase price.
Building Lots and Buildings Transaction Business Act, Article 40
When a licensed real estate broker sells directly, any special clause less favorable to the buyer than the Civil Code default is generally void, except one setting the liability period at 2 years or more from handover.

Check the statutes on e-Gov

Is today's repair reserve fund amount enough to judge by?

When buying a condo, it's not enough to check the current monthly repair reserve — you need to see the planned future increases too. Many condos start with a low reserve fee for new or newer buildings and raise it in stages over time (a "step-up" reserve schedule) to keep early-year costs down. Looking only at the brochure figure can be misleading, so check the long-term repair plan for the scheduled future increases.

Reference points worth checking

New earthquake standard marker
June 1981

Applies to confirmations issued after this date

Structural liability period for new builds
10years

Reference point under the Housing Quality Assurance Act

Resale liability floor (broker as seller)
2yrs min.

Reference point under the transaction business act

Typical major-repair cycle
~12years

Varies by building plan

New build vs. resale: what to check

Check itemNew buildResale
Price tendencyTends to run higher, with fixtures and warranty priced inTends to be cheaper for comparable specs, but varies widely unit to unit
Checking earthquake resistanceEasier to verify via the building confirmation and design documentsCheck the confirmation date and whether a seismic assessment exists
Liability for defectsGenerally 10 years under the Housing Quality Assurance ActDepends heavily on the contract's special clauses
Repair reserveOften starts low; watch for step-up increasesCheck the long-term repair plan and current reserve balance

Common mistakes and how to avoid them

  • Choosing a resale unit purely on its lower price without checking the earthquake standard or whether a seismic assessment exists.

    Check the date of building confirmation, and ask the agent whether a seismic assessment report exists.

  • Assuming all post-handover defects would be covered, without checking the scope of non-conformity liability.

    Review the contract's special clauses in advance and get the covered scope and liability period in writing.

  • Budgeting off the brochure's current repair reserve figure alone.

    Request the long-term repair plan and confirm the scheduled future increases and current reserve balance.

  • Not realizing that the Article 40 protection doesn't apply to a private resale sale where the seller isn't a licensed broker.

    Confirm whether the seller is an individual or a licensed broker, and negotiate the liability period and scope more carefully for private sales.

Checklist for comparing new build vs. resale

  • Confirmed the date the property received building confirmation
  • For resale, confirmed whether a seismic assessment report exists
  • Confirmed the scope and period of non-conformity (defect) liability in the contract
  • Confirmed whether the seller is an individual or a licensed real estate broker
  • Requested the long-term repair plan and confirmed the scheduled future reserve fee increases
  • Confirmed the current repair reserve fund balance
  • Arranged to have the key-matters explanation interpreted or translated before signing

Frequently asked questions

Q. If a property meets the new earthquake standard, is it safe to assume it's earthquake-safe?
A. The new standard is a useful reference point, but not a guarantee on its own. We'd recommend also checking the specific building's seismic assessment and any retrofit history.
Q. Will a defect in a resale property always be covered?
A. It depends on the contract's special clauses. When a licensed broker is the seller there's a baseline protection of at least 2 years from handover, but in a private sale between individuals the liability period can be set shorter — so check before you sign.
Q. Is checking today's repair reserve fee enough?
A. Not on its own. Many condos use a step-up reserve schedule where the monthly fee rises over time, so we'd recommend checking the long-term repair plan as well.
Q. Can I buy either a new build or a resale property while living overseas?
A. There's no general restriction based on nationality or residence, but for either type you'll need to arrange understanding of the key-matters explanation, a method for transferring funds, and a proxy for the registration process.

In the SUMIMOTO Hub app, the AI valuation feature lets you check a property's age and earthquake-standard reference points in multiple languages, and the 24/7 AI advisor can answer questions about non-conformity liability and how to read a repair reserve schedule. For an actual seismic assessment review or final contract check, we'd recommend consulting a licensed real estate agent, architect, or judicial scrivener.

Want to talk through new build vs. resale for your situation?

We'll send you SUMIMOTO Hub's service materials, including earthquake and repair-reserve checkpoints and introductions to licensed professionals.

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