Specializing in real estate and farmland
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Regarding farmland
This page provides a brief explanation of matters related to agricultural land, but if you are wondering whether the land you own can be converted into agricultural land, please feel free to contact our office and we will be able to answer your questions.
Regarding the Agricultural Land Law, such as farmland conversion
農地法第３条の許可（届出）
This applies when transferring ownership of agricultural land through purchase and sale, or when establishing or intending to transfer leasehold or other use and profit rights. The minimum area requirement for agricultural land was abolished on April 1, 2023. This has made it easier to transfer agricultural land rights. Applicants are the land owner and the user of the land, such as the buyer or tenant.
Permission required under Article 3 of the Agricultural Land Act
Buying and selling, gifts, rentals, auctions, specific bequests, etc.
Those that require notification under Article 3 of the Agricultural Land Act
Inheritance, acquisition by prescription, general bequest, etc.
Permission (notification) under Article 4 of the Agricultural Land Act
When an agricultural land owner wishes to convert the land to residential land or a solar power generation facility, etc., they must apply for permission under Article 4 of the Agricultural Land Act. The applicant becomes the owner of the land.
市街化区域
市街化調整区域
Non-lined areas
Permission for conversion of agricultural land is required. (If the land is over 3,000 m2, permission for development activities is also required.)
In this area, no permission application is required, just notification. (Development permission is required for areas over 1,000 m2.)
Permission for land conversion is required.
Permission (notification) under Article 5 of the Agricultural Land Act
This is when the owner of the agricultural land transfers ownership by purchase or sale, or when the land is converted to a non-agricultural use by establishing leasehold or other usage and profit rights.
The requirements for permission and notification are the same as those in Article 4.
There are location standards for converting agricultural land. Basically, second- and third-class agricultural land can be approved for conversion. Also, depending on the area, if the agricultural land falls under a land improvement district, an application for exclusion must be made to remove it from the land improvement district. A settlement fee is required for removal, and there may also be other separate costs such as fees for using drainage facilities. If the agricultural land is included in an agricultural land zone, an application for exclusion from the agricultural promotion zone must be made before the land can be converted, and there are various requirements, which takes time.
Application for non-agricultural land certificate
A non-agricultural land certificate is not a certificate required by law, but if the land registration record indicates that the land is a rice field or a field, but the current status is residential land or forest, you can receive a certificate that the land is not agricultural land. If you meet certain requirements, you can receive a non-agricultural land certificate (certification that the Agricultural Land Act does not apply) by submitting a certification request to the Agricultural Committee. If the current status of the land has not been agricultural land for a long time, you will be considered for not being able to receive a non-agricultural land certificate.
Conditions for non-agricultural land certification
- Land that was non-agricultural land before the Agricultural Land Act came into effect (October 21, 1952).
・自然災害による災害地等で農地への復旧ができないと認められる土地
- The land has been abandoned for more than 20 years (※1) due to unavoidable circumstances, and has become naturally degraded, with no prospect of being restored to farmland.
・Land that has been artificially converted for use, and for which 20 years or more have passed since the conversion act (※1), and which is deemed not to cause any particular hindrance in terms of agricultural land administration.
※１ 自治体によって１０年や１５年となる場合もあります。
注意点としては農用地区域内の場合は非農地証明を受けることができず事前に農振除外を受ける必要があります。また一筆の農地の一部のみに建物等があり、その部分は非農地であってもその他は農地である場合などでは、その土地一筆全てが非農地である証明を受ける事は出来ません。建物のある土地の地目変更をしたい場合は、事前に建物部分とその他の農地部分で分筆登記をする必要があります。
Regarding exclusion from agricultural promotion (Agricultural Promotion Act)
As a system for protecting farmland, there are areas designated as agricultural land within agricultural promotion areas (called agricultural promotion agricultural land or blue land). In principle, agricultural land within these areas cannot be converted to other uses. However, if there are unavoidable circumstances that require the land to be used for purposes other than agriculture, it can be excluded from the agricultural land area if it meets the requirements set out in the Agricultural Promotion Act. This is called agricultural promotion exclusion.
Five requirements for exclusion from agricultural promotion
In order to be exempt from the Agricultural Promotion Agency, all of the following requirements must be met. Even if all of the requirements are met, they may not be approved.
① It is necessary and appropriate to use the land for purposes other than agricultural use, and there is no land other than agricultural land that can be substituted.
② There is no risk of impeding efficient and comprehensive agricultural use.
③ There is no risk of impeding the use and concentration of agricultural land by those who operate efficient and stable agricultural management.
④ 土地改良施設の機能に支障を及ぼすおそれがないこと
⑤ Eight years have passed since the completion of the agricultural production infrastructure development project.
The acceptance of applications varies depending on each local government, but it may take time, such as every six months or quarterly, and the period required for exclusion may take from six months to a year. Since permission to convert agricultural land must be applied for after the agricultural land exclusion is completed, it will take a very long time.
Unlike agricultural land conversion, applications must be made to the Agriculture and Forestry Division or Agricultural Policy Division, rather than the Agricultural Committee.
On the other hand, land that is within an agricultural promotion area but not within an agricultural land zone is called "agricultural land within an agricultural promotion area but outside an agricultural land zone (white land)." The regulations are more relaxed than for blue land, and although permission to convert the land must be applied for, there is no need to apply for exclusion from the agricultural promotion area.