REALWorld Law

Planning / zoning

Japan

Legislation and planning/zoning controls
Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Strategic planning/zoning in Japan is governed by a combination of national and local regulations. The national regulations mainly consist of (i) the Building Standards Act (BSA) and (ii) the City Planning Act (CPA).

The CPA divides lands in Japan into two types: City Planning Areas, which are regulated by the CPA; and Non-City Planning Areas, which are not regulated by the CPA.

The City Planning Areas further consist of Urbanization Promotion Areas where development is promoted and Urbanization Restricted Areas where development is restricted.

The CPA designates 13 zoning districts within Urbanization Promotion Areas, and such zoning districts are largely categorized as three types: residential districts, commercial districts and industrial districts. The BSA governs types of buildings which can be built in each zoning districts designated by the CPA, such as use purposes, building coverage ratio and floor area ratio of a building.

Last modified 22 Mar 2024

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes, the BSA and the CPA control the new construction and refurbishment. Especially, except for a few types of construction specified in the BSA, a construction permit from the relevant local government or the designated inspection agency is required before any construction of a new building or any refurbishment of an existing building.

Apart from the construction permit under the BSA, the contractor must obtain a permission from the relevant local government under the CPA for certain large-scale construction works within the Urbanization Promotion Area.

Last modified 22 Mar 2024

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes. Both the CPA and the Landscape Act regulate the design and appearance of the landscape of designated scenic zones, whereas methods of construction generally are not regulated.

Last modified 22 Mar 2024

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes. The CPA governs the use purposes of new buildings as well as existing buildings and permitted use purposes of a building depends on the district where the building is built or located.

As mentioned above, there are largely three types of districts: residential districts, commercial districts and industrial districts. For example, hospitals, schools and nursery homes are prohibited in some industrial districts and large-scale supermarkets can only be built in certain commercial districts.

Last modified 22 Mar 2024

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

In general, local governments are responsible for regulating the development and use purposes of land parcels. Local governments have authority under the BSA and the CPA to grant construction permit to contractors.

Last modified 22 Mar 2024

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

This depends on the nature of the development and should be determined on a case-by-case basis. Legal requirements may include various kinds of environmental permits. For example, if development involves use of agricultural land, a permission from the agricultural committee under the Agricultural Land Act will be required.

Last modified 22 Mar 2024
Obtaining permission for development
Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

The owner must file an application for a construction permit granted by the relevant local government. The applicant must file an application form together with supporting documents such as blue prints and layouts of the building. The authorities will then consider if the applicant's construction plan is compliant with the building regulations.

Last modified 22 Mar 2024

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Third parties are, if they have ‘legal interest’, entitled to object to a construction permit or any decision relating to it by the relevant local government and can appeal to the court to dismiss any construction permit or decision. However, such legal interest is interpreted very strictly.

Last modified 22 Mar 2024

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

A decision (ie permission or rejection) by the local government can be reviewed (i) by a court or (ii) by a construction examination committee which is an internal body established by a local government when the applicant appeals against the decision.

Last modified 22 Mar 2024

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

This depends on the type of the building the contractor intends to construct or the particular authority making the decision.

However, in general, it takes approximately one to two months from the receipt of an application for the construction permit.

Last modified 22 Mar 2024

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes. There is a right of appeal against the relevant local government's decision in respect of a construction permit. For example, under the BSA, if an applicant has an objection to a rejection of the application, the applicant can appeal to the construction examination committee. If a decision by the committee is still not acceptable to the applicant, it is possible to appeal to the Ministry of Land, Infrastructure, Transport and Tourism (MLIT).

Regardless of whether recourse based on this process has been exhausted, the applicant can bring an action to the court

Last modified 22 Mar 2024

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes. The relevant local government sometimes requires a developer to enter into an agreement. For example, some local governments in Tokyo require, for certain constructions, a contractor to execute several agreements with the local government before starting construction of a building in order to ensure that the contractor complies with the local government's guidelines for town development.

Last modified 22 Mar 2024
Validity of permissions and enforcement
- Validity period
- Enforcement
Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

There is no specific period of validity specified under the BSA.

Last modified 22 Mar 2024

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

If a contractor breaches any building regulation, the relevant local government and the MLIT may order the contractor to take measures necessary to correct the breach. Such measures include: (i) suspension of the construction and (ii) demolishment, removal or reconstruction of the building.

Last modified 22 Mar 2024
Key contacts
Mitsuharu Kataoka
Partner DLA Piper Tokyo Partnership mitsuharu.kataoka@dlapiper.com T +81 3 4550 2936 View bio

Controls on specific new construction and refurbishment

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Japan

Yes, the BSA and the CPA control the new construction and refurbishment. Especially, except for a few types of construction specified in the BSA, a construction permit from the relevant local government or the designated inspection agency is required before any construction of a new building or any refurbishment of an existing building.

Apart from the construction permit under the BSA, the contractor must obtain a permission from the relevant local government under the CPA for certain large-scale construction works within the Urbanization Promotion Area.

Last modified 22 Mar 2024

REALWorld Law

Planning / zoning

Japan

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Mitsuharu Kataoka

Controls on specific new construction and refurbishment

Japan