Building Control in Japan

by HASEGAWA Tomohiro
日本の建築規制 長谷川知弘
Ver. 1910‐ Part A ‐‐ Table of Contents and Abbreviations‐ Part A Basic Structures of Building Control in comparison with
Various Countries
Chapter 1 Subjects of Building Control
Chapter 2 Basic Legal Document and Technical Documents
Chapter 3 Performance‐based Solutions‐ Part B

Background Information‐ Part C

Building Regulatory System‐ 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)

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Building control system depends on the country.
Before the lecture of the building control system in Japan, this ‘Part A’ shows:(1) Which kinds of subjects are commonly targeted by various countries, and how thesubjects can be categorized,(2) How the various countries make basic legal document and technical documents in
responding to each category of subjects, and(3) How the various countries deal with building plans with innovative solutions, such as:‐ a building plan with brand‐new building materials,‐ a building plan with brand‐new construction method, and‐ a building plan unusual features of design.

2Chapter 1

Subjects of Building Control

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In many countries, when someone intends to construct a building, it is required to constructand maintain the building in compliance with technical requirements prepared by theauthorities.
These technical requirements may be categorized into three groups (Group A, B, and C) as
shown below.
Group A: Technical requirements from the viewpoint of building safety and amenity
Group B: Technical requirements from the viewpoint of city planningGroup C: Technical requirements from the viewpoint of land‐development

4Group A: Technical requirements from the viewpoint of building safety andamenity
For the purpose to ensure the building safety and people’s amenity, most countries haveauthorized building technical requirements, and made them mandatory to buildings in theircountries.
Aspects covered by such technical requirements are as shown below (example). The technicalrequirements of such aspects are adopted by many countries.

5Aspects of Technical Requirements of Group A (examples)‐ Mechanical safety (Structural safety) against:‐ dead loads (self‐weight, permanent load) and live loads (imposed loads), and‐ external force, such as earthquake vibration, snow load, wind load, landslide, etc.
‐ Fire safety measures including:‐ warning equipment,‐ countermeasures against internal fire spread (linings),‐ structural stability against fire,‐ facilities for escape (stairs, smoke control, etc.),‐ countermeasures against external fire spread (external walls, openings and roofs toresist the spread of fire over from one building to another)(*1), and‐ facilities for the fire service (fire service access, fire‐extinguishing equipment, etc.)< to be continued >6< continued >‐ Resistance to contaminants,‐ Resistance to the passage of sound,‐ Ventilation, sanitation, drainage and waste disposal,‐ Protection from falling (handrail),‐ Conservation of fuel and power (*2),‐ Accessibility for handicapped people (*2),‐ Restriction on location in order to prevent disasters, such as landslide and tsunami. (*3)‐ Minimum floor area per dwelling unit from the viewpoint of housing policy.
(*1) In Japan, this aspect is categorized into Group B.
(*2) These aspects were introduced relatively recently in the world.
(*3) In many countries, this requirement is implemented in combination with city planning.

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Group B: Technical requirements from the viewpoint of city planning
Local authorities in most countries have authorized their city plans consisting of some maps
and values, which indicate:‐ location of various land use zones (residential zone, commercial zone, industrial zone, etc.),‐ limit values of building height, FAR (Floor Area Ratio) and BCR (Building Coverage Ratio),‐ location of external wall lines,‐ etc.
Then, in order to make construction activities of buildings follow the city plan, it is required toconstruct and maintain buildings in compliance with building technical requirements
responding to the local conditions shown in the city plan.
Aspects covered by such technical requirements are as shown below. The technicalrequirements of such aspects are adopted by many countries.

Aspects of Technical Requirements of Group B (example)‐ Building use,
‐ Location of external wall,‐ Building height,‐ FAR (Floor Area Ratio) and BCR (Building Coverage Ratio),‐ Landscape feature (shape of roof, material and color of external wall, restriction on
advertisement board, etc.),‐ Obligatory number of parking lots.

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Group C: Technical requirements from the viewpoint of land‐development
When someone implements a large scale development, such as housing estate development,
the development plan goes through two steps as shown below. And, in many countries, twokinds of permits are required responding to each step.

Step 1: Land‐development
A developer:(1) makes a land‐development plan,(2) gets land‐development permit or the like,(3) constructs necessary infrastructure, and then(4) sells plots to consumers/companies.
Step 2: Building Construction
Each building owner (consumer/company):(1) makes his/her own building plan,(2) gets building permit, and then(3) constructs his/her building.

9Two kinds of permits as shown above have different characters from each other.
Land‐development Permission (*1)
Before construction of infrastructure ofwhen to apply the development area
applicantDeveloper
Technical requirements of:criteria‐ Group C

Building Permission (*2)
Before construction of eachbuilding
Building ownerTechnical requirements of:‐ Group A and Group B(*1) The actual official procedure depends on the country. For example, it is done
through:‐ land‐development permission in Japan,‐ sub‐division control system in many states of the USA,‐ concession process in China, and‐ formulation process of B Plan in Germany.
(*2) ‘Building Permission’ is very common in the world, while, In Japan, it is required fora building owner to get ‘Building Confirmation’ instead of ‘Building Permission’.
‘Building Confirmation’ is not so different from ‘Building Permission’ of the othercountries.
Aspects covered by such technical requirements are as shown below. The technicalrequirements of such aspects are adopted by many countries.
10Aspects of Technical Requirements of Group C (example)‐ The use of scheduled buildings shall conform the city plan (*).
‐ Roads shall conform the road construction standard (*) in considering the scheduled
buildings, etc.
‐ Parks, open spaces and other vacant spaces for public use shall conform construction
standard (*) in considering the scheduled buildings, etc.
‐ Sewers and other drainage facilities shall conform the construction standard (*) in
considering the scheduled buildings, etc.
‐ Water supply facilities shall conform the construction standard (*) in considering thescheduled buildings, etc.
‐ Schools and other facilities shall conform the regional‐development standard (*) in
considering the scheduled buildings, etc. if necessary.
(*) City plan and these standards are prepared by related authorities.

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Chapter 2

Basic Legal Document and Technical Documents

12Basic Legal Document and Technical Documents for Group A
Building control is an activity to limit people’s freedom of construction. Therefore, it isnecessary for the Government to issue legislative documents regarding building control
system as shown below.
(1) Basic Legal Document and its supplementary documents
At first, it is necessary to establish Basic Legal Document, main points of which are asshown below.
(a) Buildings must be constructed and maintained in compliance with technicalrequirements, which are prepared by authorities. >> (2)(b) When someone intends to construct a building,he/she must complete the official procedure,such as building permission.
Relationship between ‘(1) Basic Legal(c) The government has a power
Document’ and ‘(2) Technical Documents’to take countermeasures
is as shown in the figure of the next page.
against buildings which
violates technical requirements.
(2) Technical Documents and their supplementary documents
Secondary, it is necessary to authorize some sets of technical requirements, which are
mentioned in above (1)(a). They are documents stipulating specific criteria to satisfy
technical requirements of Group A.
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Relationship between Basic Legal Document and Technical Documents
for Group A(2) Technical Documents
stipulating:(1) Basic Legal Document
stipulating:(a) Obligation ofbuildings to follow
the technicalrequirements (*a)(b) Official procedure,such as building
permission (*b)(c) Countermeasuresagainst violation(*c)

Technical Documents
are formulated basedon the provision of
Basic Legal Document.

Some sets of specifictechnical requirementsfor various fields, such as
structural safety and fire
safetyTechnical Documents
are used as criteriafor (b) and (c).
In some countries, their Basic Legal Documents stipulate:‐ not only necessary provisions as Basic Legal Document,‐ but also basic parts of technical requirements as TechnicalDocuments.
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(*a) It is also important to stipulate who has a power to determine or approve the mandatory
technical requirements.
(*b) As an official procedure to ensure compliance with the technical requirements, building
permission and on‐site inspection by the government is very common in the world, whilesome countries, such as Japan, England and Australia, adopt an official procedure done by
the non‐government parties. In these countries, building owners may choose:‐ either official procedure done by the local government,‐ or official procedure done by the non‐government parties.
(*c) The power of the government for the countermeasures against violation includes rights:‐ to order related parties, such as a building owner, to:‐ stop the construction work,‐ stop the use of the building,‐ correct the building, or‐ demolish the building, and then,‐ to execute by itself what the government ordered, in cases where the government
orders are not implemented within the grace period.

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Basic Legal Document comparing several countries
Countries can be categorized into two types as shown below.
Countries of Type 1

Countries of Type 2
Most countries adopting federal
system, such as USA, Australia,
Canada and India, fall into this type.

Party who establishes Basic
Legal Document

The National Government
itselfMajor local authority, such as
state, province and large city

Applicable area

All over the country

Major local authority which has
issued its own Basic Legal
Document

Parties who:
(1) give building permits forindividual construction
activities, and(2) take countermeasuresagainst illegal buildings.

Local authorities* In some countries, theNational Government itself
also gives building permits
for large scale buildings, etc.

Major local authority
which has issued its own Basic
Legal Document

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Specific Basic Legal Documents in countries of Type 1 are as shown below.
<Common characteristics>
Every Basic Legal Document is proclaimed by the National Government itself.
Country

Name of Basic Legal Document

Proclaimer

Japan

Building Standard Law

National Government

England

Building Act

ditto

Thailand

Building Control Act

ditto

Vietnam

Construction Law

ditto

the Philippines

National Building Code

ditto

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Specific Basic Legal Documents in countries of Type 2 are as shown below.
<Common characteristics>
Basic Legal Document depends on the local authority. Therefore, most Federal
Governments are working to harmonize various Basic Legal Documents in their country,
while Federal Government of USA is not directory involved in the building control issue.
Country

Name of Basic Legal Document

Proclaimer

USA

Building Codeeach state and large city

Germany

State Building Regulationeach state

Australia

Building Act

each state and territory

India

Building Bye‐law

each state and large city
* Delhi is an exception.

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Technical Documents comparing several countries
Countries can be categorized into two types as shown below.
Countries of Type 1

Countries of Type 2
Most countries adopting federal system, suchas USA, Australia, Canada and India, fall into
this type.

Party who authorizes The National Government Major local authority, such as state,
Technical Documents itself
province and large city
All over the country.
Applicable area

* Local authorities may
authorize additional
requirements inconsideration of local
circumstances.

Major local authority which has authorized
Technical Documents* In order to avoid confusion due to differencesin requirements, many countries are working
to harmonize various Technical Documents intheir countries. Detail will be described later.

In some countries, their Basic Legal Documents stipulate:‐ not only necessary provisions as Basic Legal Document,‐ but also basic parts of technical requirements as Technical Documents.
For example, Building Standard Law of Japan, National Building Code of the Philippines, and Building
Code of each state and large city of USA have a dual role of both Basic Legal Document and TechnicalDocuments.
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Specific Technical Documents in countries of Type 1 are as shown below.
<Common characteristics>
Every Technical Document is authorized by the National Government itself. And then, it applies
commonly to all over the country.

CountryJapan

Name of main Technical Documents and its characteristics‐ Building Standard Law (providing main point of technicalrequirements)

Authorizer
National
Government‐ Enforcement Order (providing detail of technical requirements)
England‐ Building Regulations (providing technical requirements with

ditto

performance‐based descriptions)‐ Approved Documents (providing practical guidance to satisfy
technical requirements described in Building Regulations)Thailand‐ Ministerial Regulations

ditto

Vietnam‐ Vietnam Building Code

ditto

the
Philippines‐ National Building Code‐ National Structural Code (*)

ditto* National Structural Code has been published by the nationwide non‐government organization (ASEP: Association of Structural Engineersof the Philippines), and then, has been positioned as Referral Code to
National Building Code.
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Specific Technical Documents in countries of Type 2 are as shown below.
<Common characteristics>
Technical Documents depends on the local authority. In order to avoid confusion due to differencesin technical requirements, many countries are working to harmonize various Technical Documents intheir countries. Consequently, technical requirements in the field of structural safety are almost
common in each country, while technical requirements in the field of fire safety somewhat vary inregions even in the same country.

Country

Technical Documents

Building Code<Harmonization> International Building Code and related Code areissued by ICC (International Code Council). They are model
codes for reference of states and large cities.
Australia Building Code<Harmonization> Building Code of Australia is issued by ABCB
(Australian Building Codes Board). It is a model code forreference of states and territories.
Building Bye‐law
India<Harmonization> (1) Federal Government of India published Model
Building Bye‐law in 2016, and recommends local authorities toissue each Building Bye‐law in referring the Model Building Bye‐law. (2) National Building Code of India is issued by the Minister.
Its many provisions are quoted in many Building Bye‐laws.
USA

Proclaimer
each stateand large cityeach state
and territory

each stateand large city
*Delhi is an
exception.
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Basic Legal Document and Technical Documents for Group B
Basic Legal Document for Group B (City Planning Act or the like)At first, it is necessary to establish the document, which gives the government a power tocontrol buildings regarding technical requirements of Group B.
In many countries, City Planning Act or the like has been established for this purpose.
Main points of City Planning Act or the like are as follows:(a) It stipulates:‐ what should be indicated in the City Plan,‐ who determine the City Plan for each region, and‐ how to determine the City Plan.
(b) Buildings must be constructed and maintained in compliance with:‐ the city plan and‐ the technical requirements, which are prepared by authorities.
(c) When someone intends to construct a building, he/she must complete the official
procedure, such as building permission.
(d) The government has a power to take countermeasures against a building which violates
city plan or technical requirements.
* Statements regarding (b), (c) and (d) are provided in Basic Legal Document for Group B insome countries including Japan.
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City Plan and Technical Requirements
In many countries, based on City Planning Act or the like,(1) local authorities authorize their city plans consisting of some maps and values, whichindicate:‐ location of various land use zones,‐ limit values of building height, FAR (Floor Area Ratio) and BCR (Building Coverage
Ratio),‐ location of external wall lines,‐ etc.
(2) On the other hand, the national government or local authorities issues TechnicalDocument, which stipulates necessary provisions defining:‐ which kinds of building use are allowed in each land use zone,‐ how to measure the building height, FAR and BCR,
‐ which parts of buildings are allowed to stick out from the external wall lines,‐ etc.
And then, buildings are required to follow
technical requirements, which areapplied to each building responding to its
site‐location in the city plan.

Relationship among:(1) Basic Legal Document for Group B (City
Planning Act or the like),(2) City Plan, and(3) Technical Document
is as shown in the figure of the next page.

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Relationship among (1) Basic Legal Document (City Planning Act or the like),(2) City Plan, and (3) Technical Document(1) City Planning Act
stipulating:(a) Necessary provisions
for City Plan (*a)(b) Obligation ofbuildings to follow
the city plan andtechnical
requirements(c) Official procedure,such as building
permission (*c)(d) Countermeasuresagainst violation (*d)(2) City Plan consisting of:
Determination by
local authorities

some maps and values(3) Technical Document defining:
Formulationby thegovernment‐ which kinds of building use areallowed in each land use zone,‐ how to measure the buildingheight, FAR and BCR, ‐ etc.

Criteria for (c) and (d)In some countries, their City Planning Act stipulate:‐ not only necessary provisions as Basic Document,‐ but also basic requirements as Technical Document.

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(*a) City Plans are determined by local authorities in most countries.
(*c) As an official procedure to ensure compliance with city plan and the technicalrequirements, building permission by the government is very common in the world.
(*d) The power of the government for the countermeasures against violation includes rights:‐ to order related parties, such as a building owner, to:‐ stop the construction work,‐ stop the use of the building,‐ correct the building, or‐ demolish the building, and then,‐ to execute by itself what the government ordered, in cases where government orders
are not implemented within the grace period.

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Chapter 3

Performance‐based Solutions

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Specification‐like provisions
In many countries, in their early stages of building control history, they provided building
requirements with sets of specification‐like provisions. Such specification‐like provisions were
formulated in assuming normal buildings which were constructed with commonly‐usedconstruction method and usual features of design.
For example,“In case of the hospital which has three or more stories, it must be constructed with fire
resistive construction and all parts of the floor to be used as hospital must be within 40 mof the nearest staircase.”is one of the specification‐like provisions of Japanese building requirements.

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Performance‐based provisions
Specification‐like provisions became difficult when it came to the buildings with innovative
solutions, such as:‐ buildings with brand‐new building materials,‐ buildings using brand‐new construction methods, and‐ buildings with unusual features of design.
Therefore, from around the year 2000, many progressed countries adopted performance‐
based code system in their building requirements.
For example,“When a fire has started in any room of the building, during the time period until all
occupants have completed evacuation from the building to the ground, smoke or gas must
not descend to a level that is detrimental for evacuation.”is provided as one of the performance‐based provisions of Japanese building requirements.
When an applicant selects application of this provision, the authorities may judge whether thebuilding plan complies with evacuation requirements of the Japanese building code or notwith this provision instead of the specification‐like provisions.
‘Performance‐based Solution System’ using ‘Performance‐based provisions’ depends on
countries, as shown in the pages below.

28Performance‐based Solution System in England
A set of ‘Requirements’ contained in ‘Schedule 1’of ‘Building Regulation 2010’, which was issued by
the MinisterAll buildings are required to comply with these‘Requirements’, which are described withperformance‐based manner. It is, however, noteasy to judge whether each building solution
complies with ‘Requirements’ or not, because
they are described in performance‐basedmanner. Therefore, ‘Approved Documents’ areprepared as shown in the right.

‘Approved Documents’ which wereapproved by the Minister
Most buildings are designed
following ‘Approved
Documents’, which aredescribed with specification‐
like manner. If a building
complies with ‘Approved
Documents‘, the building isdeemed to satisfy‘Requirements’.

Alternative ways
Every applicant may select ‘alternative ways’ instead of solutions stated in‘Approved Documents’. In this case, the authority judges whether the building plancomplies with building code or not, directly using ‘Requirements’ instead ofdescriptions in ‘Approved Document’.
29Performance‐based Solution System in Australia‘Performance Requirements’, which is provided in
BCA (Building Code of Australia)‘Deemed‐to‐Satisfy Provisions’,
which are provided in BCA.

All buildings are required to comply with these‘Performance Requirements’, which aredescribed with performance‐based manner. It is,however, not easy to judge whether eachbuilding solution complies with ‘Performance
Requirements’ or not, because they aredescribed in performance‐based manner.
Therefore, ‘Deemed‐to‐Satisfy Provisions’ areprepared as shown in the right.

Most buildings are designed
following ‘Deemed‐to‐Satisfy
Provisions’, which are describedwith specification‐like manner. If
a building complies with
‘Deemed‐to‐Satisfy Provisions‘,
the building is deemed to satisfy‘Performance Requirements’.

Alternative Solutions
Every applicant may select ‘alternative solutions’ instead of solutions depending on‘Deemed‐to‐Satisfy Provisions’. In this case, the authority judges whether the building
plan complies with building code or not, directly using ‘Performance Requirements’
instead of ‘Deemed‐to‐Satisfy Provisions’. There are some ‘Verification Methods’ asassessment methods responding to some ‘Performance Requirements’.

30Performance‐based Solution System in USA‘Building Requirements’, which are provided in each Building Code, which is issued by eachstate or municipalities.
Most buildings are designed following ‘Building Requirements’, which are described withspecification‐like manner. There are, however, some innovative buildings. Therefore,‘Deemed‐to‐Satisfy Provisions’ are prepared as shown below.
Special Procedure for Alternatives
Most states and municipalities establish special procedure to approvealternatives in their building codes as shown below.
‘Provision for Alternatives’, which is provided in most Building Codes.
For example, Model Code of IBC (International Building Code) has a provision as shown below.
“An alternative material, design or method of construction shall be approved where the building
officials finds:‐ That the proposed design is satisfactory and complies with the intent of the provisions of this code,and‐ That the material, method or work offered is, for the purpose intended, at least the equivalent ofthat prescribed in this code in quality, strength, effectiveness, fire resistance, durability andsafety.”31

Performance‐based Solution System in Japan

This item is introduced in Chapter 9 of Part C.

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