Building Control in Japan

by HASEGAWA Tomohiro
日本の建築規制 長谷川知弘
Ver. 1910‐ Part C ‐‐ Table of Contents and Abbreviations‐ Part A

Building Control System in General‐ Part B

Background Information‐ Part C Building Regulatory System
Chapter 5 Basic Legal Documents and Technical Documents in Japan
Chapter 6 Building Standard Law
Chapter 7 Laws related to Building Standard Law
Chapter 8 Building Regulatory System based on Building Standard Law
Chapter 9 Sub‐systems‐ Part D

Technical Requirements for Building Safety and Amenity (Group A)‐ Part E

Technical Requirements from the viewpoint of City Planning (Group B)‐ Part F

Technical Requirements from the viewpoint of Land‐development (Group C)‐ Annexes (under construction)

1

Chapter 5

Basic Legal Documents and Technical Documents in
Japan

Means of ‘Basic Legal Document‘ and ‘Technical Document’ are shown in Part A.

2

Basic Legal Documents in Japan
CPL (City Planning Law) and BSL (Building Standard Law) are basic legal documents forbuilding control in Japan. CPL and BSL stipulate necessary provisions for each group oftechnical requirements as shown below.
It is the characteristic of Japan that BSL provides building confirmation system andcountermeasures, and ensures compliance of both Group A and Group B. In the other words,
in the building confirmation process, not only Group B but also Group B are examined throughthe documents attached to the application.
Group A(safety and amenity)

Technical Requirements
Group B
Group C
(city plan)(infrastructure)

How to determine city plan‐

CPL

To require buildings tocomply with technicalrequirements

BSL requires buildings to comply withtechnical requirements.

CPL requires land‐development
activities to comply withtechnical requirements.

Official procedure, such asbuilding permission

BSL provides building confirmation
system similar with building permission
system in other countries.

CPL provides land‐development
permission system.

Countermeasures against
violation

BSL provides countermeasures.

CPL provides countermeasures.

‐* FSL (Fire Service Law) is also Basic Legal Document only for fire extinguishing equipment, etc.

3Technical Documents in Japan
Technical requirements of each group are provided in the documents as shown below.
Group of Technical Requirements
Group A(safety and amenity)
Documents providing
technical requirements

Group B(city plan)

BSL and other related CPL and BSL
laws (See next page.)Group C (infrastructure)
CPL and BSL

4

It is the characteristic of Japan that technical requirements of Group A are provided in not
only BSL but also other various Law. Details are as shown below. In the building confirmation
process, these all mandatory requirements are examined through the documents attached tothe application.
Items of technical requirements of Group A
Fire extinguishing equipment, etc.
Fire safety

Technical Documents providing technicalrequirements
Fire Service Law

Fire‐ resistance, evacuation, etc.

Structural safety

Building Standard Law

Hygienic safety
Accessibility of Handicapped people
Energy saving

Barrier‐free Law
Energy Saving Law

5

Chapter 6

Building Standard Law

6

BSL (Building Standard Law) and its related documents
As mentioned above, BSL (Building Standard Law) and documents which are issued under the
Law have a dual role of:‐ Basic Legal Document, and‐ Technical Documents.
Outline of roles of these documents is as shown below.
Central Government is responsible for No.1, 2, 3, 4 and 5, while local authorities are
responsible for No.6.
Documents
No.1(BSL) BuildingStandard Law

Person to determineContents

National Congress(One document)(1) Stipulating provisions of legal bases for building
control, such as:‐ ‘buildings must be in compliance with building
requirements’,‐ ‘building permit is needed before starting
construction work’, and‐ ‘local authority has a power to order corrective
action to the owner of the illegal building’.
(2) Providing basic technical requirements of various
fields of Group A and Group B.
7

(Continued)

Documents

Person to determineContents

No.2
Cabinet Orderfor Enforcementof BSL

National Cabinet(One document)

Providing details of technical requirements ofvarious fields based on the basic technicalrequirements stated in BSL.

No.3
Enforcement
regulation of
BSL

Ministry of Land,
Infrastructure,
Transport and Tourism(Two documents)

Providing administrative items, such as
application form, etc.

No.4
Ministerial
Notification

Minister of Land,
Infrastructure,
Transport and Tourism(219 documents as of2014)

Providing details of building requirements ofvarious fields based on the building
requirements stated in BSL or Cabinet Order.

8

(Continued)

Documents
No.5
JIS *1JAS *2

No.6
Ordinances
Ordinances
Ordinances
Ordinances

Person to determine

contents

Providing various standards stipulating:
Ministry of Economy,
Trade and Industry, and‐ Categorization of materials,
Minister of Agriculture, ‐ Testing methods,
Forestry and Fisheries‐ Etc.
(many documents)<Remark>
JIS and JAS are not mandatory standard
themselves. When BSL or its related documents
designate them, they become mandatory
standards.
Local congresses ofprefectures andmunicipalities(Around 400 in total)

Providing additional technical requirements,
which are needed from the viewpoints ofregional conditions.

*1: JIS (Japanese Industrial Standard) *2: JAS (Japanese Agricultural Standard)

9

Chapter 7

Laws Related to Building Standard Law

This chapter introduces:‐ Fire Service Law,
‐ Barrier‐free Law, and‐ Kenchikushi Law (Qualification System of Architects and Engineers)
City Planning Law is introduced in Chapter 15 of Part E.

10

Fire Service Law
The purpose of the Fire Service Law is:(a) to prevent, detect and extinguish fires, and to protect people’s lives, health, and property
from fires; and(b) to minimize damage caused by fires, earthquakes, and other disasters.
The Law requires that certain buildings be equipped with:‐ warning equipment,‐ fire extinguishing equipment, such as automatic sprinkler systems, and‐ others.
Requirements provided by the Fire Service Law are checked by fire departments of local
governments in the process of building confirmation.

11

Barrier‐free Law
The Barrier‐free Law has some provisions relating to the building regulations as below.
(a) Requirements of the standard
When undertaking certain types of construction work of a special specified building*1 witha total floor area of 2,000 m2 or more, accessibility and mobility standards*3 must becomplied with. These requirements are checked in the process of building administrations.
(b) Promotion of conformance to the standard
Building owners undertaking certain types of construction work of a specified building*2
must make efforts to comply with accessibility and mobility standards*3.
*1. Special specified buildings are any specified buildings*2 used by many, and unspecified persons, or
those used primarily by the elderly or physically disabled. Examples are hospitals, theaters, assembly
halls, department stores, hotels, and homes for the aged.
*2. Specified buildings are buildings used by many people, such as schools, hospitals, theaters, assembly
halls, department stores, hotels, offices, apartments, and factories.
*3. Examples of accessibility and mobility standards are:‐ the securing of a hallway wide enough to allow for a wheelchair user and a passer by; and‐ installation of at least one commode designed for wheelchair users.

12

Accessibility and Mobility Standards of Buildings
In Japan, when someone intends to construct buildings, such as hospitals, theaters, assembly
halls, department stores, hotels, and homes for the aged, with a total floor area of 2,000 m2
or more, the buildings must be designed in accordance with the accessibility and mobility
standards.
Figure below shows the points of the standards. Number, width, length, etc. of eachequipment are stipulated in the standards.

Lavatories forwheelchair users

Entrance doors whichwheelchair users can passthrough
Approaches withno stepsWidehallways
Elevators

Stairs withhandrails

Guidance blocks forvisually impaired

Parking spaces forwheelchair users
13

Kenchikushi Law (Qualification System of Architects and Engineers)
The Kenchikushi system is a national qualification system under the Kenchikushi Law.
Kenchikushi are licensed:‐ to design buildings (see (1)); and‐to conduct construction administration (see (2)).
The Kenchikushi system has a linkage with building regulations to ensure the safety of thebuildings.

(1) To design buildings
To design buildings includes both;‐ the role of architect, such as making architectural drawings and specifications, and‐ the role of building engineer, such as performing structural calculations, and MEP(mechanical, electrical, and plumbing) system design.
Thus, Kenchikushi have the dual role of architect and building engineer, while many
countries have separate licensing systems for architects and building engineers.

14(2) To conduct construction administration
Check of construction works is done by both an owner’s party and a builder’s party in Japan.
Their responsibilities are shown as below.
(a) A builder’s superintendent is an employee of the builder and is responsible foroverseeing building construction on behalf of the builder to enssure good quality.
(b) A person who conducts construction administration is responsible for examining
building construction on behalf of the building owner, to determine whether or not thesaid construction follows the drawings/specifications made by a Kenchikushi.
In Japan, builders are allowed to engage in construction of buildings that they themselves
have designed. Actually, many buildings (especially small buildings, such as detachedhouses) are constructed by the same company that designed the buildings. In almost all ofthese cases, Person who conduct construction administration are assigned from thesecompanies.

15

(3) License and Scope of Activity by Type of Kenchikushi
The qualifications of Kenchikushi are classified into three types:(a) 1st‐class Kenchikushi;(b) 2nd‐class Kenchikushi; and(c) Mokuzo (wooden structures) Kenchikushi.
In principle, a person who:
‐ has necessary educational background and job experience of architecture; and‐ passed the official examination;
can be registered to:‐ the Minister for 1st‐class Kenchikushi ; and‐ Prefectural Governors for 2nd‐class Kenchikushi and Mokuzo Kenchikushi.
The Kenchikushi Law stipulates the use, structure, height, etc. of buildings, that only
Kenchikushi may design and conducts construction administration as shown in the next
page.

16

Scope of Activity by Type of Kenchikushi
height of building ≦ 13 m andHeight of eave ≦ 9 mwoodenNon‐wooden

Height and structure

Total floor area
(S: m2）S ≦ 3030 ＜ S ≦100
100 ＜ S ≦ 300
300 ＜ S ≦ 500
General‐purpose
buildings
500 ＜S≦ 1,000 Special‐purpose
buildings
General‐purpose
buildings
1,000 ＜ S
Special‐purpose
buildings

1 story

2 story

3 story

Anyone can engage in
this.

Up to 2storiesHeight ofbuilding＞13 m,
orHeight of eave＞
3 stories
9m
or moreAnyone1st, 2nd, or Mokuzo may
engage in this.

Only 1st–class or 2nd‐class may
engage in this.

1st, 2nd

Only 1st‐class may
engage in this.

Note: Special‐purpose buildings refer to schools, hospitals, theaters, cinemas, grandstands, public halls,
assembly halls with auditoriums, and department stores.

17

(4) Structural Design 1st‐class Kenchikushi and MEP Design 1st‐class
Kenchikushi
In principle, a person who:
‐ engaged in the services of structural design (MEP design) for five years or more as a 1st‐class Kenchikushi; and‐ completed the designated training program;
may apply for issuance of a Structural Design 1st‐class Kenchikushi (MEP Design 1st‐class
Kenchikushi).

18

(a) Structural Design 1st‐class Kenchikushi
In the case of buildings over a certain size (*1), either of the following is required:(i) A Structural Design 1st‐class Kenchikushi designs the building, and also examines thatthe building meets the relevant codes and standards for building structures.
(ii) A 1st‐class Kenchikushi designs the building, and a Structural Design 1st‐class
Kenchikushi examines that the building design meets the relevant codes and standards
for building structures.
(*1) ‐ Steel buildings with 4 or more stories (excluding basement);‐ RC or SRC buildings of 2 0m or more in height:‐ Wooden buildings with building height of more than 13 m or eave height of morethan 9 m; and‐ Buildings stipulated by the Cabinet Order.
(b) MEP Design 1st‐class Kenchikushi
In the case of buildings larger than 5,000 m2 with more than 3 stories, either of thefollowing is required:(i) A MEP Design 1st‐class Kenchikushi designs the building, and also examines that thebuilding meets the relevant codes and standards for building equipment.
(ii) A 1st‐class Kenchikushi designs the building, and a MEP Design 1st‐class Kenchikushi
examines that the building design meets the relevant codes and standards for building
equipment.
19Chapter 8

Building Regulatory System
based on Building Standard Law

In this chapter, following items are introduced.
‐ Legislation‐ Administration by the National Government‐ Administration by local governments‐ Regulatory procedures‐ Countermeasures against violation‐ Declaration of dissatisfaction

20

Legislation(1) Legislation by the Central Government
The Central Government legislates for building regulations based on the BSL in Japan. The
building regulatory systems and building codes (technical requirements) are basicallycommon all over the country. And its administration is carried out by local governments as
stipulated by the BSL.

(2) Legislation by local governments
On the other hand, regional conditions, such as climate and earthquake risk, are different
among regions. Therefore, local governments are entrusted to determine some items, suchas:(a) Figures used for structural calculation, such as snow accumulation, wind pressure andseismic force;(b) Specific zones where restrictions on external finishes are placed in order to prevent
buildings from catching fire;(c) Specific process of construction work, for which interim inspections are needed.
And local governments may, within specific limits and within the scope of not disrupting
the safety of buildings, set more severe or more relaxed regulations than the standard
applied throughout the country.
21

Administration by the National Government (The Minister)Based on the BSL, the power and commission of the Minister includes:(a) submissions of proposals to the Japanese Diet for amendments to the BSL;(b) submissions of proposals to the Cabinet for amendments to the Enforcement Order;(c) issuance of (i) The Enforcement Regulation of MLIT, (ii) The Ministerial Order Concerning
Designated Qualifying Examination Body and Others, and (iii) MLIT Notifications;(d) conducting qualifying examinations for Building Regulation Conformity Inspectors, and theregistration of qualified people;(e) Designating (i) Confirmation and Inspection Bodies, (ii) Performance Evaluation Bodies, (iii)
Approval Bodies, and (iv) Others.
(Confirmation and Inspection Bodies whose scope of work is limited within a specificprefecture are designated by the prefectural governors.)(f) giving the necessary orders to the designated bodies mentioned in (e);(g) approving building materials, building components and building designs that meet
performance criteria, but do not satisfy sample specification, prescriptive requirements
nor Ordinary Verification Methods; and(h) others.

22Administration by local governments
As of Apr. 2012,(a) 227 basic local governments of 1,742 basic local governments, including major cities,
conduct building control administration for all buildings regardless of their sizes.
(b) 174 basic local governments of 1,742 basic local governments, including 23 wards inTokyo, conduct building control administration for limited sized buildings.
(c) 47 prefectures conduct building control administration for buildings, which are notadministrated by (a) or (b) .
The responsible agency of each area is as shown in the next page.
448 local governments ((a)+(b)+(c)) are called a Designated Administrative Agency. Building
officials under the Designated Administrative Agencies are in charge of:(i) building confirmation; and(ii) on‐site inspections.
Designated Administrative Agencies are in charge of:(iii) receipt of reports of periodic inspections; and(iv) measures against violations.

23Designated Administrative Agency in response to the area and the building(1)(2)
Building
Small buildings, such
Large buildingsArea
as detached houses of(Buildings other thannot more than two(2))
stories.
(a) Areas of 227 basic local governments
They are major cities in Japan, and their
Basic local governments are inmayors are Designated Administrative
charge of building control.
Agencies. Most of them have a population of
more than 100,000.
(b) Areas of 174 basic local governments
Prefectural
Basic local
Most of them are small cities, and theirgovernments are ingovernments are inmayors are Designated Administrative
charge of building
charge of building
Agencies. They are in charge of building
control.
control.
control of small buildings only.
(c) Other areas
Area of around 1,300 basic local
Prefectural governments are in charge ofgovernments in Japan. Most towns andbuilding control.
villages are included.
Number of local governments is as of April 2011. 23 wards in Tokyo are categorized in (b), however they24
are responsible for larger buildings than those stated in this table.

(Reference) Role of Central Government and Local Governments
comparing several countries
Country
Legislation of building
regulatory systems
system of permission,
inspection, etc.
Issuance ofbuilding codes
technical requirements
Administration
issuance of building
permission, etc.

Japan

EnglandCentral Government

Australia

CanadaUSA

States and local jurisdictions

Supplementary provisions
by local governments

Central GovernmentStates and local jurisdictions

Supplementary or additional
provisions by local governments

Each country hasmodel building code.

Local jurisdictions
andDesignated/approved/registeredprivate bodies

MinisterJudgment of alternative
solution
Alternative solution of Evaluation by one of the
Evaluation Bodies ismaterials, construction
required prior tomethods, and building
Ministerial approval.
designLocal jurisdictions
andPrivate bodies

States or local
jurisdictions

States or local
jurisdictions

Assessment,such as evidence and evaluation reports,
25
can be used for the judgment.

(Reference) Administrative bodies in Japan
Before 1999, building control administration was done only by the Government (Central and Local) in
Japan.
Designated‐ DesignatedCentral Government
Local Governments
Confirmation and
Performance
FormulationofTechnical
Requirements
Inspection Bodies
Evaluation(1)
CentralGovernment
issuesasetof
technical(from 1999)
Bodies(from 2000),
requirements.
and(2) Local Governments issues supplementaryprovisions regarding local situations, such as‐ Designatedsnowfall, wind pressure, and other local risks.
Structural
Calculation Review
Bodies (from 2007)
Judgment for structural safety of large
buildings, etc.
In case that the building is large ordesigned with special methods, assessmentby these organizations is required.

Building Confirmation (similar with building
permission in other countries.)
Building owners may choose the issuingorganization from one Local Government andsome Designated Conformation and Inspection
Bodies. * Zoning Code is also examined together with
Building Code.

Countermeasures against
violation
Local Governments are
responsible.
26

Regulatory Procedures
Building Process(1) Building
designRegulatory Procedures(2‐a) Consent from a chief of a fire station(2) Building
confirmation
by an authority(2‐b) Structural Calculation Review(2‐c) Certificate of advanced method(3) Construction
work(4) Interim
inspection
by an authority(5) Final inspection
by an authority(6) Occupation(a) Blue procedures are applied to all buildings.
(b) Green procedures are applied to target
buildings, such as：‐ special buildings, such as department storesand hotels,‐ buildings over certain scale, and‐ buildings designed with advanced methods.

(7) Periodic inspection reportconducted by experts, submitted by a building owner, andchecked by the local government27

(1) Building Design(a) The Kenchikushi Law stipulates that only Kenchikushi may perform building design, except
for small buildings.
(b) The BSL stipulates that anybody must not implement building construction work unless
its drawings are made by Kenchikushi, except for small buildings.
<Remark>“Kenchikushi” is a licensed person who are allowed to engage in:‐ building design, and/or‐ Inspection of building construction works.
Qualification system of Kenchikushi is mentioned later.

28

(2) Building Confirmation (similar with building permission)
In principle, in cases where a building is to be:‐ constructed,‐ extended,‐ rebuilt or‐ relocated,a building owner must apply for and receive “building confirmation” from:‐ a qualified building official under the local government; or‐ one of the Designated Confirmation and Inspection Bodies (see the next page),which confirms that the plan of the building meets technical regulations based on the laws
(not limited to BSL) .

29

Designated Confirmation and Inspection Body(a) The designation is done by the Minister or prefectural governors. This system wasintroduced in 1999.
(b) The Bodies conduct:(i) building confirmation; and(ii) on‐site inspection;
Their works are performed by conformity inspectors who have passed the qualifying
examination of Qualified Building Regulation Conformity Inspectors (mentioned later).
(c) On the other hand, qualified building officials under local governments are also in chargeof (i) and (ii) above. The effectiveness of the certificate issued by a DesignatedConfirmation and Inspection Body is the same as that issued by a qualified building
official under the local government.
Achievement
Number of Number of building
authorities confirmation issued by each
(Apr. 2012) category (2011 Japanese
fiscal year)
Local governments (*)
448
96,984 (18 %)Designated Confirmation and Inspection Bodies
124
448,363 (82 %)
Total
572
545,347(*) Local governments, which are involved in building control administration, are counted.30

Number of Building Confirmation in Japan× 10,000 cases
100
90
80

Designated Confirmation andInspection Bodies
Building Officials

70
60

545,34750
40

448,36330
20
10

96,9840

Japanese Fiscal Year (from April, to March of the next year)31

(2‐a) Consent from a chief of a fire station
Before issuing building confirmation, consent from:(a) the chief of the local fire station; or(b) the head of the fire department (Mayor, If the local government does not have a fire
department)
is needed.
This requirement does not apply to detached houses that are located outside of Fire
Protection Zones and Quasi Fire‐Protection Zones.

32

(2‐b) Structural Calculation Review(a) Skyscrapers with more than 60 m in height, and buildings deigned with advanced
structural calculation methods, are required that their structural safety be:‐ confirmed by a Designated Performance Evaluation Body (*1), and then‐ approved by the Minister.

(*1) Designated Performance Evaluation Body
Bodies conduct an evaluation whether the building design, material, etc. meet
performance requirements, which are provided in Building Code or not, upon request by:‐ a building owner or‐ manufacturer.
Bodies are designated by the Minister, and 27 bodies (25 bodies located in Japan and 2
bodies located in foreign countries) have been designated, as of April 2012.

33

(b) In case of large‐sized buildings (excluding buildings of (a)), such as:‐ wooden buildings or steel buildings with height of 13 m or more, or eave height of 9m or more;‐ reinforced concrete buildings with height of 20 m or more; and‐ steel structure buildings with four or more stories excluding the basement levels,
structural calculation review by one of the Designated Structural Calculation Review
Bodies (*2) is needed before issuing a building confirmation.
(*2) Designated Structural Calculation Review Body
Bodies conduct a structural calculation review. They are designated by the prefectural
governors. This system was introduced in 2007, and 64 bodies have been designated as ofMarch 2010 in Japan.
(c) Structural design of other buildings are checked by a qualified building official or a
Designated Confirmation and Inspection Body.

34

Check of Structural Safety‐ Building with more than 60 m
in height, or‐ Buildings designed withadvanced structural
calculation methods.

Large‐sized Buildings, such as:‐ wooden buildings or steelbuildings with height of 13 m ormore;
‐ reinforced concrete buildings withheight of 20 m or more; and‐ steel structure buildings with fouror more stories.

Other
buildings

Check Process
Performance evaluation
by Designated Performance
Evaluation Body

Structural Calculation Review
by Designated Structural Calculation
Review Body

Approvalby the Minister
Building Confirmation
By Qualified Building Official or Designated Confirmation and Inspection Body35

(2‐c) Certificate of advanced method(i) Materials, products, and construction‐methods“Materials, products, and construction‐methods” used for buildings must meet specificrequirements provided in Building Code, in principle.
In case of Innovative “materials, products, and construction‐methods”, they sometimes do
not satisfy prescriptive specific requirements. They may be used for the building, if they
are evaluated by one of the Designated Evaluation Bodies, and then approved by the
Minister,(ii) Advanced design methods
Buildings designed with advanced design methods, such as fire‐evacuation assessment
method, sometimes do not satisfy prescriptive specific requirements. They may beconstructed, if their safety is confirmed by a Designated Performance Evaluation Body, andthen approved by the Minister.

36

(3) Construction WorkBSL and Kenchikushi Law also stipulate the provisions related to construction process, as
shown in the next page, so that:‐ designers design buildings and‐ Builders construct buildings,
in compliance with the regulation.
<Remark>
The requirements indicated by “*” in the next page do not apply to the construction of smallbuildings (wooden buildings with not more than two stories and of not more than 100 m2,
and non‐wooden buildings with not more than two stories and of not more than 30 m2).

37

Regulation on construction process
Designers ‐ Only Kenchikushi may design buildings. *(Kenchikushi Law)
‐ Kenchikushi must design buildings in compliance with the technical requirements.
(Kenchikushi Law)
Builders ‐ Builders may construct buildings as long as they are designed by Kenchikushi. *(BSL)
Building owners ‐ The building owner must assign a Kenchikushi as a person who conducts
construction administration. *(BSL)
Builders ‐ Builders must display the names of:‐ the designer,‐ the builder,‐ the field manager and‐ the person who conducts construction administration,in plain view on the construction site. *(BSL)‐ Builders may construct buildings as long as a person who conducts construction
administration is assigned. *(BSL)
A person who conducts construction administration‐ When a person who conducts construction administration finds that the construction work does notfollow the drawings/specifications made by a Kenchikushi:‐ he/she must notify the builder immediately; and‐ in cases where the builder does not follow his/her instructions, he/she must report this to thebuilding owner. (Kenchikushi Law)
‐ Once the construction work has been completed, he/she must report the result to the inspector who
conducts final official inspection of the building. (BSL)38

(4) Interim inspection
In a case where the construction work includes one of the processes in any of (a) and (b), andthe process has been completed, the building owner must request an inspection to:‐ a qualified building official under the local government; or‐ one of the Designated Confirmation and Inspection Bodies,
within four days from the date of completion, on all such occasions.
(a) the process of installing steel bars of:‐ the floor in the second floor; and‐ beams supporting the said floor,of apartment buildings with three or more stories.
(See the right figure.)

3rd. Floor(b) processes stipulated by the local governments.
2nd. Floor

GL
Process of interim
inspection of (a)39

(5) Final inspection
Once the construction work has been completed, the building owner must submit a
notification to;‐ a qualified building official under the local government; or‐ one of the Designated Confirmation and Inspection Bodies;
within four days from the date of completion. The building must undergo inspection toascertain whether the building conforms to the related regulations.
The person, who was assigned by a building owner to conduct construction administration,must submit a report in occasion of this final official inspection.

40

(6) Occupation
In cases where buildings are newly constructed, the building owner must neither use nor letanyone use the building until he/she obtains a certificate of final inspection.
Exception: in cases of any one of the following items, he/she may use or let someone use
the building even before obtaining the certificate of final inspection.
(a) Small buildings, such as ordinal wooden detached houses of 2 stories or less.
(b) Where the local government (or a qualified building official after having received an
application for a final inspection) has permitted temporary use after determining that
there is no objection from the viewpoint of safety, fire prevention, or evacuation.
(c) Where seven days have passed from the day on which the application for a final
inspection was received.
The owner, custodian or occupant must endeavor to maintain the building and its site in acondition complying with legal requirements.

41

(7) Periodic inspection report
The owners of the buildings that the local government has designated must have
Kenchikushi or other qualified people carry out safety checks at regular intervals. And, then,the results must be reported to the local government.
“Regular intervals” are ranging from six months to three years.
Many local governments have designated;‐ hospitals, hotels, department stores, theaters, apartment houses and offices, thatexceeds a specific size; and‐ elevators and escalators;
as buildings and building equipment to be reported.

42

Countermeasures against violation(1) Orders to building owner, etc.
In cases where a building is in violation of BSL or related regulations, the local government
has a power to order:‐ The owner of the building,‐ The contractor or field manager of the construction work, or‐ The owner, custodian or occupant of the building site.
to‐ Suspend construction work,‐ Suspend use of the building,‐ Demolish, relocate, rebuild, add, repair, remodel, or‐ Implement other measures in order to correct violations,(2) Substitute execution
In cases where the local government has issued an order for the necessary measures, andthe person ordered to take the measures does not complete the measures, it may proceed:‐ to execute, by itself, the measures which should have been taken by the person underobligation, or‐ to have a third party take such measures.
(3) Penalties
Any person who violates regulations is subject for penalty of imprisonment with forcedlabor or a fine. Term of imprisonment and amount of fine are provided in BSL.
43

Declaration of dissatisfaction
According to the provisions of the BSL, a request for a review on the proceeding or
nonfeasance of:‐ a Designated Administrative Agency;‐ a building official; or‐ a Designated Confirmation and Inspection Body;
can be made to the Building Review Council of the local government concerned. In cases
where the Building Review Council receives such a request, it is obliged to pass judgment,
after a public hearing within one month after the receipt of the request. If there is any
dissatisfaction with the judgment of the Building Review Council, an appeal against the
judgment can be made to the Minister.

44

Chapter 9

Sub‐systems

In this chapter, following items are introduced.
‐ Performance‐based Solution Systems‐ Quality of materials‐ Type Approval and Certification of Specific‐type Product Manufacturers

45Performance‐based Solution System(1) Historical background(a) Before 2000
Japanese building regulations were largely a collection of specification‐like provisions that
dictate how a building must be built, including what materials can be used. And, whensomeone intended to use materials, equipments, design, or construction methods that did
not meet specification‐like provisions, he/she could not use them without special approval
from the Minister. (The system of ‘Special approval from the Minister’ can be said one ofthe ‘Performance‐based Solution Systems’.)(b) After 2000
As part of the 1998 revision of the BSL (enforced in June 2000), performance‐based
provisions were set up in the Building Codes in order to ensure:‐ increased flexibility of performance‐based design according to the Building Codes;‐ correction of the distorted cost structure; and‐ smooth introduction of technical innovations and materials from overseas.
Then, the new evaluation system was set up.
46

(2) Evaluation system(a) Building materials/products/construction‐methods
Building materials/products/construction‐methods must meet technical requirements if
the codes have specific mandatory standards that apply. It can be basically confirmed
through either method below that they meet technical requirements.
(i) To satisfy one of the specifications provided by the prescriptive provisions, including
Ministerial Notifications, JIS (Japanese Industrial Standards) or JAS (Japan AgriculturalStandards)(ii) To be approved by the Minister (It is needed to be evaluated by one of the
Designated Performance Evaluation Bodies (see Remark on the next page) prior toapproval by the Minister.)Innovative products, which do not satisfy one of the specifications provided by theprescriptive provisions, can be used if they are approved by the Minister through theprocess of (ii) above.

47

(b) Advanced design methods
Buildings using advanced design methods are required that their safety be confirmed by a
Designated Performance Evaluation Body (see Remark), and approved by the Minister.
Skyscrapers with more than 60 m in height are required that their structural safety be
confirmed with advanced structural calculation methods, such as Time‐series analysis.
Remark: Designated Performance Evaluation Body
A Designated Performance Evaluation Body conducts an evaluation to determine
whether or not the solution meets performance requirements (performance criteria)
upon request by a building owner/manufacturer. Evaluation by one of the Designated
Performance Evaluation Bodies is required prior to approval by the Minister. The
designation is done by the Minister, and 27 bodies (25 bodies located in Japan and 2
bodies located in foreign countries) have been designated, as of April 2012.

48

Trends in Ministerial Approval
Number of approvals
Total
4,026

4500
4000
3500

Total
3,449

Total
3,128
Total
2,663

3000
2500

Total
1,959

2000

Total
2,612

Total
3,969 Total Total
3,914
3,822

Total
2,303

Total
4,030

Construction
materials, etc.
Indivisdual
Buildings

1500
1000
500

Total
347

0

Fiscal Year (April to March of the next year)49

(3) Example of Performance‐based Solution System (Fire Resistance)
Performance Requirements (basic requirements)
Example: Principal building parts must withstand the heat of a fire that could be expected to occur inside
the building until the end of the fire.
Performance Standard (requirements stated in performance‐based manner)
Example: When principal building parts are heated with the heat produced during a normal fire, theparts must not be deformed, melted, or cracked, nor must they undergo any other damage detrimental
to structural strength.
Choice of the methods
Specification‐like Provisions
MethodTo choose one of the Sample
Specifications
Example:Principal building parts ofreinforced concrete withrequired depth of concrete cover
above steel bars
The solution is checked throughspecific provisions.

Ordinary Verification Method

Advanced Verification Method

To follow instructions described in
Ordinary Verification Method
stated in the Building Codes.
Example:Principal building parts which areconfirmed by the fire resistanceordinary verification method

To follow instructions described in
Advanced Verification Method, which ismore flexible than Ordinary Verification
Method (*)
Evaluation by a Designated
Performance Evaluation Body
Approval by the Minister

The solution is checked throughOrdinary Verification Method.

The solution is checked except the part
already checked by the Minister.

Procedure of Building Confirmation and inspection50

(*) Ordinary Verification Methods and Advanced Verification Methods
Details of the Ordinary Verification Methods are stipulated in the Enforcement Order andthe MLIT Notifications. Examples are shown below. On the other hand, details of theAdvanced Verification Methods are not issued by the Government. Designated Performance
Evaluation Bodies evaluate the design/solution of a building, using a manual approved by
the Minister, then the applicant sends the evaluation body decision, along with drawings, tothe Minister to request approval.
Fire‐resistance Ordinary Verification Method
The Fire‐resistance Verification Method is used to assume the occurrence of a fire in aroom, and to verify that principal building parts can withstand the heat from the fire until
the end of the fire. When fire‐resistance is verified through this method, prescriptive
requirements for fire‐resistance are not applied to the solution. The stages are as follows:(a) Calculation of fire duration;
The predicted time from the start of a fire until its end is calculated, considering thevolume of combustible materials, the size of openings, etc.
(b) Calculation of heat‐withstanding periods for principal building parts;
The periods over which principal building parts can withstand the heat by the fireare calculated, taking into consideration the type of structural methods used in theprincipal building parts, the heat of a fires, etc.
(c) Comparison of (a) and (b);(b), heat withstanding period, must be longer than (a), fire duration.
51

(4) Example of Performance‐based Solution System (Evacuation Safety)
The Verification Method for Evacuation Safety is used to check evacuation safety in fires bycomparing:(i) the predicted time required for the evacuation of persons in a building; with(ii) the time during which the floors, or building, will be at risk from smoke and gas, etc,
according to the design of the building (number of persons present, location of evacuation routes, fireand smoke prevention methods, etc.). When evacuation safety is verified through this method, someprescriptive requirements for evacuation safety are not applied to the solution. The stages are as
follows:(a) Calculation of time until completion of evacuation;
The evacuation time is calculated as a sum of:(i) the time from the outbreak of fire until the start of evacuation;(ii) the walking time to the exits; and(iii) the time lost at exits.
(b) Calculation of time required for smoke and gas to become a hazard;
The time is calculated for fire‐related smoke and gas to descend from ceilings to reach a level atwhich they become hazards to evacuation, taking into account such factors as:(i) the floor area and ceiling height;(ii) the smoke exhaust assembly; and(iii) the types of materials used to finish the ceilings and walls.
(c) Comparison of (a) and (b);(a), the time until completion of evacuation, must be shorter than (b), the time when smoke/gas
becomes a hazard.
52

Quality of Materials(1) Requirements on the quality of materials
When Building materials designated by the Minister (such as concrete, steel, and seismic
isolation devices) are used for Important building parts (such as foundations, columns,
bearing walls, and fire doors),(a) these materials must conform to either Japanese Industrial Standard (JIS) or Japanese
Agricultural Standard (JAS), as specified by the Minister;(b) otherwise they must be approved by the Minister.
In the case of (b), before application for ministerial approval, it is mandatory to have
performance evaluations conducted by Designated Performance Evaluation Bodies based on
the technical criteria concerning the respective materials, which are provided by the MLIT
Notification.
Place to be Important building parts (See (2))
installed

OthersMaterials
Building materials
designated by the
Minister (See (3))

Materials must meet any of the followings:‐ Materials which conform to designated JIS* andJAS*‐ Materials which are approved by the Minister

Not regulated

Others
Not regulated
Not regulated
Remark: There are other provisions to state some requirements on building materials, such as
53
requirements concerning fire resistance, formaldehyde, asbestos, and others.

(2) Important building parts concerning requirements on building materials
Important building parts from the viewpoint of structural safety, fire‐safety or sanitation are
defined as following items:(a) Elements necessary for structural resistance(b) Parts of fire‐resistive, quasi fire‐resistive, or fire‐preventive construction(c) Opening fire‐protective assembly specified in Article 109 or parts of these(d) Interior or exterior parts of buildings which are specified by the Minister as thoseimportant from the viewpoint of safety or fire‐prevention(e) Partition walls, removable floor boards, floors of the lowest floor, small beams, pentroofs, small stairs for local use, outside stairs, balconies or other parts similar thereto,other than principal building parts which are specified by the Minister as thoseimportant from the viewpoint of fire‐prevention(f) Building equipment or parts thereof (excluding equipments subject to certification as
specified in the Fire Services Law, electrical appliances as defined in Article 2 paragraph 1of the Electrical Appliance and Material Control Law, etc)54

(3) Building materials designated by the Minister
Building materials designated by the Minister concerning requirements on building materials
are following materials:(1) Structural steel and steel castings(2) High strength bolts and bolts(3) Structural cables(4) Steel bars(5) Welding materials (welding of carbon steel, stainless steel, and aluminum alloy)(6) Turnbuckles(7) Concrete(8) Concrete blocks(9) Seismic isolation devices(10) Wood‐based glued axial material(11) Wood‐based composite axial material(12) Wood‐based composite insulated panel(13) Wood‐based glued composite panel(14) Tapping screws and others similar thereto (limited to those with an internal thread
formed on structural steel or those that cut and pass through structural steel.)(15) Fire bolt (referring to those driven into structural steel; same shall apply below)
55

(16) Aluminum alloy(17) Mechanical joints for space frame structure(18) Membrane materials and membrane materials for tent warehouses(19) Ceramic masonry unit(20) Asbestos encapsulant(21) Prestressing Tendons(22) Autoclaved Light‐weight aerated concrete panel

56

Type approval and Certification of Specific‐type Product Manufacturers

At the same time that the performance‐based provisions were added to the Building Codes,
new systems of Type Approval and Certification of Specific‐type Product Manufacturers werealso created to decrease the burden on applicants and to improve the practicality of theexamination process.
For example, many prefabricated houses share many of the same design features, and manybuildings have much of the same type of equipment, such as mass‐produced elevators andwater treatment facilities. It is not practical to check these products in every building.
Therefore, these systems were introduced.

57

Type approval and Certification of Specific‐type Product Manufacturers
Type Approval

Certification of Specific‐type Product
Manufacturers

Certification
authority

Designated Approval Bodies(Eight bodies are designated by the Minister, as of April 2012.)

Objectsbuilding materials or building parts, such as building components and building
equipments
To confirm that the specifications To confirm that the manufacture supplies
products with Type Approval through goodmeet the respective part of thequality management
Building Codes<for building confirmation and<for building confirmation>
on‐site inspection>
To be deemed to meet the respective partTo be deemed to meet theof the Building Codes through checking thecertificate.
respective part of the Building
Codes through checking that they <for on‐site inspection >To be deemed to meet the respective partmeet the specification of theof the Building Codes through confirming
approved type.
that a person who conducts construction
administration checked the construction
work.

Certification

Effects

58