Guide · 2026-10-02

Buying an akiya with farmland in Japan: the Agricultural Land Act permit (農地法3条), what changed in 2023, and how to buy the house without the field

Short answer: if any parcel in an akiya sale is farmland (農地) — a rice paddy (田) or a field (畑), including one that just looks like a garden — you cannot simply buy it with the house. Ownership of farmland passes only with the permission of the municipality's agricultural committee (農業委員会) under Article 3 of the Agricultural Land Act (農地法), and the Act states that a transfer made without that permission has no effect. Since April 2023 there is no longer a minimum farm size, which has made small plots easier to acquire, but the buyer must still show that they will actually farm all of it and work on it regularly. A buyer who lives abroad usually cannot meet that test. The common solution is to buy the house and its residential land only, and treat the field separately.

How to tell whether the sale includes farmland

Listings are not always clear, because agents describe the property as "house with land" (土地付き古家) and the field is part of the lot area. Check three places:

Where	What to look for
Listing	農地付き (with farmland), 畑付き, 田付き, 農地法の許可が必要 (Agricultural Land Act permit required), 農地は別途 (farmland separate), 地目: 田・畑, 現況: 畑. A lot area that is suspiciously large for the price is another hint
Land registry (全部事項証明書)	The land category (地目) of each parcel. 宅地 = residential; 田 = paddy; 畑 = field; 山林 = forest; 原野 = wasteland; 雑種地 = miscellaneous. A sale often covers several parcels with different categories — ask for every parcel number (地番)
Farmland map	The Ministry of Agriculture's nationwide farmland map, eMAFF農地ナビ (Farmland Navi), shows parcels the agricultural committee treats as farmland, and whether they are inside an agricultural promotion zone

One important rule: whether land is farmland under the Act is decided by its actual condition (現況主義), not by the registry. A parcel registered as 宅地 but cultivated as a field can be farmland; a parcel registered as 畑 that has turned into forest may be certified as no longer farmland (非農地証明) by the committee. Never assume from the registry alone — ask the agent which parcels need a permit.

For the wider set of listing terms in kanji, see 10 red flags in an akiya listing.

What the agricultural committee checks (Article 3 permit)

An Article 3 permit is needed to acquire ownership of farmland, or to rent it, when it will stay farmland. The committee — one per municipality — examines the application against the requirements in Article 3(2) of the Agricultural Land Act:

Requirement	Japanese	What it means in practice
All land used efficiently	全部効率利用要件	You must farm all the farmland you will own or rent, not just part of it, with the machinery, labour and skills to do so. Committees typically ask for a farming plan: crops, tools, who does the work
Regular personal involvement	農作業常時従事要件	For an individual, the buyer (or household members) must be regularly engaged in the farm work. Committees commonly use a guideline of around 150 days a year; practice varies by municipality
Harmony with the area	地域との調和要件	Your use must not disrupt the surrounding farmers — for example by cutting off shared irrigation, planting crops that spread pests, or refusing to join water management
~~Minimum farm size~~	~~下限面積要件~~	Abolished from 1 April 2023. Previously a buyer had to farm at least 50 ares (5,000 m²) in total, reduced locally in many areas; that requirement no longer exists

Since 1 September 2023, applications to acquire ownership must also state the applicant's nationality (国籍等) — this is a reporting item, not a nationality ban. Foreign nationals can obtain Article 3 permission on the same tests as anyone else. The difficulty for most foreign buyers is not nationality but the regular-involvement requirement: if you will live abroad, or only visit for a few weeks a year, the committee is unlikely to find that you will farm the land yourself. See the abolition notice from a municipality such as Funabashi City (Japanese) for how committees describe the post-2023 rules.

Committees usually meet once a month and have a monthly application deadline, so a permit takes from several weeks to a couple of months. The sales contract should make the farmland part conditional on the permit (農地法の許可を停止条件とする), so that you are not obliged to pay for land you cannot legally receive.

Converting farmland to a garden, parking or a new house

If you want to use the field for anything other than farming — a parking space, an extension, a new house, even a lawn — that is conversion (転用) and needs a different permit:

Article 4 covers an owner converting their own farmland; Article 5 covers acquiring farmland in order to convert it. Both need permission from the prefectural governor (or a designated municipality), with the agricultural committee as the window.
Inside an urbanization promotion area (市街化区域), conversion only needs a prior notification (届出) to the committee — a much lighter process.
Outside it, permission depends on the class of farmland. Land inside an agricultural promotion zone (農用地区域, often called 青地 "green land") is in principle not convertible unless it is first removed from the zone (農振除外), which is slow and often refused. High-quality first-class farmland (第1種農地) is in principle not convertible either. Land near stations and built-up areas (第3種農地) is generally convertible.
If the house is also in an urbanization control area (市街化調整区域), the City Planning Act adds its own restrictions; see urbanization control areas.

Do not count on converting a field to a building plot when you price the property. Ask the agricultural committee before you sign: この農地は農用地区域内ですか。転用の見込みはありますか (Is this farmland inside the agricultural promotion zone? Is conversion realistic?).

Not sure what the land around the house actually is? An Akiya Check report pulls the zoning, urbanization-area status and hazard data for the exact lot from official sources and lists the follow-up questions to send the agent. It does not decide farmland status — that is the agricultural committee's call — but it tells you what else to check before you deal with the field. Comparing a few rural houses? Compare 3 puts them side by side.

Single report $49 · Compare 3 $99 Free 12-point checklist

Your realistic options as a foreign or non-resident buyer

Option	How it works	Good for
Buy the house and residential land only	The seller keeps the farmland or sells it separately to a local farmer. The house parcel (宅地) transfers normally	Most remote and part-time buyers. Ask the agent early — sellers often want to dispose of everything at once, and the price may change
Apply for an Article 3 permit	You submit a farming plan and show regular personal involvement; the committee decides	Buyers who will live in the house full time and genuinely intend to cultivate
Rent the field instead of buying	A lease or use right (賃借権・使用貸借) also needs Article 3 permission, but committees and the prefectural farmland bank (農地中間管理機構) can sometimes arrange use rights more easily than ownership	Buyers who want to farm but are not sure they will stay
Allotment or community farm	A small plot in a municipal or private allotment (市民農園) needs no permit by the user	Buyers who want a vegetable garden, not a farm
Non-farmland certification	If the field has long been abandoned and returned to bush, the committee may certify that it is no longer farmland (非農地証明), after which it can be sold as ordinary land	Plots that are clearly no longer farmable; decided by the committee on site, not guaranteed

Some municipalities with akiya banks link farmland and vacant houses in their own programmes and can explain the local committee's approach; see akiya bank conditions for foreigners. Ask the akiya bank or the committee before you rely on any of these options.

What happens if you ignore the permit

The transfer of the farmland is not effective, so the registry cannot be changed into your name. You will have paid for land you do not own.
Converting farmland without permission can lead to orders to restore it to farmland, and criminal penalties under the Act.
Some sellers suggest a "provisional registration" (仮登記) to hold the field until a permit is obtained some day. This leaves the land in the seller's name — and in their heirs' names later — and is a common source of disputes. Treat it with great caution and ask a judicial scrivener before agreeing.

Practical points that affect the price and running costs

Water rights and irrigation fees: paddy fields belong to a land improvement district (土地改良区) that charges annual fees (賦課金) and expects participation in channel cleaning. Ask: 土地改良区の賦課金はいくらですか。
Neighbour expectations: an uncultivated field next to working farmland spreads weeds and pests. Even if you only buy the house, the state of the seller's adjoining field will affect your relationship with the neighbours.
Fixed asset tax: farmland is taxed lightly while it remains farmland; the house parcel is taxed as residential land. See fixed asset tax and acquisition costs.
Boundaries: a house sold separately from the field needs a clear line between the two, which can mean a survey and a subdivision registration (分筆). See land boundary surveys.

Questions to ask before you make an offer

Japanese	English
売買対象の全ての地番と地目を教えてください。農地は含まれますか。	Please list every parcel number and land category in the sale. Is any of it farmland?
農地部分は農地法3条の許可が必要ですか。許可を条件に契約できますか。	Does the farmland part need an Article 3 permit? Can the contract be conditional on the permit?
建物と宅地だけを購入することはできますか。	Can I buy only the house and residential land?
この農地は農用地区域内ですか。転用は可能ですか。	Is this farmland in an agricultural promotion zone? Can it be converted?
土地改良区に加入していますか。年間の賦課金はいくらですか。	Is the land in a land improvement district? What are the annual fees?

FAQ

Can a foreigner buy farmland in Japan?

Nationality is not a bar. Since September 2023 applicants must state their nationality, but the permit is decided on the same tests for everyone: farming all the land efficiently, regular personal involvement in the work, and harmony with the area. Living abroad usually makes the second test impossible to meet.

Is there still a minimum area for buying farmland?

No. The minimum area requirement (下限面積) in Article 3 was abolished from 1 April 2023. Small plots attached to an akiya are therefore no longer automatically excluded, but the other requirements still apply.

The registry says 宅地 but there is a vegetable patch. Is that farmland?

Possibly. Farmland status is judged by actual use. A small kitchen garden inside a residential lot is normally treated as part of the house plot, but a large cultivated area can be treated as farmland. Ask the agent and, if in doubt, the agricultural committee.

Do I need a farming visa to buy a farmhouse?

Buying a farmhouse or farmland does not give or require a visa. The house itself can be bought by anyone; only the farmland part depends on the agricultural committee's permit.

How long does the agricultural committee permit take?

Committees generally meet monthly, so a straightforward Article 3 application takes several weeks to two months from submission. Conversion permits for land outside urbanization promotion areas take longer.