Hello everyone, I am Renova.

For those considering self-renovation, renovating or building a house may be one of their dreams.

However, it is important to have a good understanding of Japanese law and rights when actually carrying out the work. Overlooking legal issues can lead to major problems later on.

This article explains the main Japanese laws and rights to be aware of when carrying out such self-renovation.

In particular!

Be aware that the law on self-renovation will change ‘significantly’ in Japan from 2024! (In some cases it is highly likely that you won't be able to do exactly what you had planned)

建築関連

the Building Standards Act (建築基準法)

The first thing to know about is the Building Code.This law sets certain standards for the safety of buildings and their impact on the environment. For example, standards for building height, structure and materials to be used are defined in detail. In particular, the provisions on earthquake and fire resistance are very strict, so care should be taken not to breach these.

In addition, if you are making major changes (e.g. extending part of a building) when renovating, you may need to apply for a building permit to the authorities. Failure to follow this procedure can lead to problems later on.

Particularly!

There is a Special Exception No. 4.

The No. 4 Special Exception is a system that allows small-scale wooden buildings that fall under Article 6(1)(iv) of the Building Standard Law to omit the structural examination when obtaining a building permit.Officially called the ‘examination omission system’, it aims to protect the small-scale building industry by exempting them from submitting costly and time-consuming structural calculations.

So, if the building is made of wood, it can be renovated without confirmation until March 2024.

But this will change from 2025.

Note that all of this will require an application.

the right to sunshine

The right to daylight refers to the right of a building to secure daylight, a right that is particularly important in residential areas to maintain the living environment.In Japan, it is not clearly defined as a legal ‘right’, but in practice, when infringement of the right to daylight is an issue, it is resolved based on certain standards and precedents. Mainly when high-rise buildings or new buildings are constructed, ensuring daylight for neighbouring buildings and residents is taken into consideration.

Basic concept of the right to sunshine

The right to daylight is the concept of ensuring that buildings receive the necessary daylight in order to protect the living environment. Daylight availability may be regulated by law or municipal bylaws, as it affects the health and comfort of the living environment.

Legal restrictions on the right to sunshine

1. Regulations under the Building Standards Law The Japanese Building Standards Law stipulates building height, location, building-to-land ratio and floor-area ratio, which help ensure daylight. In addition, there is a restriction called the ‘Diagonal Restriction’, which ensures that the top of the building does not exceed a certain angle in order to secure sunlight and ventilation to the road and neighbouring land adjacent to the site.This ensures that dwellings on neighbouring land are not shaded.
2. Municipal bylaws Each municipality may have its own ‘sunshading regulation bylaws’ or ‘bylaws on ensuring daylight’. For example, building height restrictions and site setbacks (i.e. buildings being set back from the site boundary) may be required.
3. Court cases and infringement of the right to daylight Where infringement of the right to daylight is suspected, a building injunction or compensation claim may be brought in court. Whether a specific infringement of the right to daylight is regarded as an infringement of the right to daylight varies from case to case, but infringements are often found where the reduction in daylight hours or shadows have a serious impact on people's lives.

Daylight rights and self-renovation

The following points should also be considered when renovating second-hand homes and self-renovations, in order to create a comfortable living environment while protecting daylight rights.

1. Checking the shading impact of renovations If you are building an extension or making significant structural changes, it is important to check that your building does not interfere with the daylight of the surrounding houses. Particular consideration should be given to the height and layout of your building to ensure that it does not affect the daylight of neighbouring houses to the south.
2. Designing to ensure lighting and ventilation In addition to protecting daylight rights, renovations can also maintain a comfortable living space by ensuring lighting and ventilation in your home. For example, designing to bring natural light into the room by installing wider windows and skylights is effective.
3. Harmony with surrounding buildings It is important to be aware that your building should not only not infringe on the daylight rights of other houses, but also harmonise with the landscape and living environment of the entire area. Plan with consideration to avoid conflicts with your surroundings after the renovation.
4. Preliminary investigation and consultation It is recommended to check with the local authority's building consultation service before renovating to ascertain the scope of application of diagonal restrictions and sunshading regulations.

Air rights

Sky rights (sky coverage system) is a system in Japanese urban planning to promote the effective use of space on sites and around buildings. Usually, urban planning sets building height limits and floor-area ratios, and there are rules restricting the height of buildings, but by using the sky coverage ratio, it is possible to relax these restrictions if certain conditions are met, taking into account the width of the road adjacent to the site and the distance from neighbouring buildings.

Overview of air rights

• The Sky coverage ratio is based on the ‘sky visibility’ that a building gives to its surroundings and calculates how much sky is visible on the site (the sky coverage ratio) from a certain height on the property boundary. If this sky coverage ratio meets the criteria, height restrictions are relaxed and taller buildings may be possible.
• Effective use in urban areas and on narrow sites, mainly in commercial areas and high-density residential areas, where buildings can be constructed in harmony with the surrounding environment and landscape while making use of the floor-area ratio.

Calculation of airspace rights

• The sky coverage is calculated on the basis of the ‘sky visibility’ from the site boundary and assesses how much sky is visible at each height of each part of the building.
• Generally, the design meets the sky coverage criteria by devising building angles and setbacks (i.e. setting back buildings to the inside of the site).

Use of sky rights in self-renovation and points to note.

When utilising sky rights for self-renovation, rebuilding or extending an existing house, the following points should be noted

1. Checking the conditions for application The application of sky coverage is not available in all areas and the conditions for application vary from municipality to municipality. It is necessary to check the restrictions for each area under the Building Code and the local characteristics under the Urban Planning Code.
2. Design freedom and costs Building design using sky coverage requires setbacks and building geometry, which may provide design freedom, but may also increase design and construction costs.
3. Harmony with the surrounding environment Consideration must be given to the possibility of violating landscape laws and building agreements if the height relaxation provided by the sky coverage ratio is not in harmony with the surrounding buildings and residential environment.

自治体・地域関連

City Planning Act (都市計画法)

The Urban Planning Act sets out regulations for land use and construction, with the aim of ensuring the healthy development of cities and the rational use of national land. The regulations set by the Urban Planning Act are important when considering self-renovation in relation to second-hand housing. Below is an overview of the Urban Planning Act and points to note when renovating second-hand housing.

1. Confirmation of zoning

• Use zoning is a regional classification based on the intended use of the land, and is divided into 13 different use zones, including residential, commercial and industrial. Checking which zoning district the area in which the second-hand house is located is designated will clarify which buildings and uses are permitted in that area.
• For example, commercial and industrial buildings are restricted in residential areas, while both residential and commercial buildings are allowed in commercial areas.

2. Building coverage and floor-area ratio limits

• The building-to-land ratio refers to the ratio of building area to site area, while the floor-area ratio refers to the ratio of total floor area to site area. These are defined by the Urban Planning Act and are important when considering extensions in the renovation of second-hand housing.
• For example, if the site area is small, it may not be possible to extend the building beyond the floor-area ratio or building-to-land ratio. Therefore, when considering extensions and alterations, they must be carried out within these limits.

3. Check building agreements and landscape ordinances.

• In addition to the Urban Planning Act, building agreements and landscape ordinances may also apply. Building agreements are building rules agreed by residents and set independently, which may affect, for example, the colour, shape and layout of houses.
• In particular, when buying and renovating second-hand housing, it is often required to understand local rules and choose designs and materials accordingly.

4. Confirmation of non-reconstructed properties.

• Under the Urban Planning Act, there are certain properties, known as non-reconstructable properties, where there is an existing building but no new construction is allowed. This occurs, for example, when road access obligations are not met, and rebuilding or major renovations are restricted.
• When renovating a second-hand house, it is important to check that the building is not a non-renovable property.

5. Confirmation of fire and semi-fire protection zones.

• If the area is designated as a fire zone or semi-fire zone, it is considered a fire hazard area and there are restrictions on the use of building materials with enhanced fire protection performance and on the structure. When replacing external walls and windows in self-renovations, it is necessary to use materials that meet the standards for fire protection zones

6. Identification of other urban planning areas.

• The Urban Planning Act also includes other district designations, such as altitude districts and scenic areas, which impose restrictions on building height and design. For example, height restrictions may be imposed in altitude districts, and landscape restrictions may be imposed in wind zones to protect the landscape.
• Renovation of second-hand homes should also take into account restrictions based on these district designations.

7. Pre-renovation consultation

• Finally, before proceeding with renovations, it is recommended that prior consultation is carried out at the building consultation service of the local authority. As urban planning laws are particularly complex, with detailed rules differing from one area to another, consultation will enable you to check the regulations and plan your renovation appropriately.

Compliance with these regulations under the Urban Planning Act and planned self-renovation will help to create a safe and legal living environment.

the Landscape Law (景観法)

The Landscape Law protects and shapes local landscapes, and enables the appearance, colour and materials of buildings and facilities to be regulated in landscape districts and landscape planning areas defined by local authorities throughout Japan.The following is a summary of points related to the Landscape Law from the perspective of self-renovation.

1. Identification of landscape planning areas

• As the scope of the Landscape Law varies from region to region, first check whether the property to be renovated is included in a landscape planning area.You can find out more about landscape planning on local government websites and contact points.

2. Design restrictions on building exteriors.

• The Landscape Law sets standards for the colour, materials and shape of external walls and roofs.For example, in landscape areas, colours and materials that are considered to be in harmony with the surrounding landscape are often required. If you are changing the external appearance of your home through self-renovation, you need to be particularly aware of this point.

3. Restrictions on the installation of advertising material and ancillary facilities.

• Restrictions may also apply to the installation of signs and advertising material. In particular, outdoor advertising and balcony attachments are encouraged to be designed in harmony with the surrounding landscape. For example, the location of outdoor units of air conditioners and solar panels on roofs may also be regulated by the Landscape Law.

4. Building height and layout.

• Building height and layout may also be restricted as factors affecting the landscape. In particular, self-renovations that involve a rise in height or significant structural changes are required to comply with regulations based on local landscape ordinances.

5. Pre-identification and application

• Many municipalities require prior notification and application when carrying out renovations in landscape planning areas. In some municipalities, you may be required to submit your design details and go through the process of obtaining approval from the Landscape Council or other bodies.

6. Harmony with the local population

• Finally, harmony with local residents should also be considered. As the Landscape Law aims to protect the landscape of the entire region, it is also important to harmonise with the opinions of the neighbouring residents and the surrounding environment.

Famously, a cartoonist was once sued by his neighbours for stripes on his exterior walls.

Personally, I like it!

(Incidentally, the cartoonist won the case. So you can basically do whatever you want, unless the Landscape Act stipulates otherwise in detail. Colourwise.

For more information, please click here.

Landscape Housing Improvement Act (景観住宅改良法)

The Housing District Improvement Act aims to contribute to the public welfare by improving the environment and promoting the construction of improved housing in areas with high concentrations of poorly built housing.

Projects under the Residential District Improvement Act include the following

• Removal of brownfield housing
• Development of living roads, children's playgrounds and meeting places
• Construction of improved housing for previous occupants

The Residential District Improvement Act allows the Minister of Land, Infrastructure and Transport to designate a group of land that meets the criteria specified in a Cabinet Order as an improvement district.The designation of improvement districts is based on the application of the person who intends to implement the residential area improvement project.

Municipal housing built under the Housing District Improvement Act is managed in accordance with public housing in the event of vacancies.

Residential Land Creation etc. Regulation Act (宅地造成等規制法)

土地の権利関係

When building a house, make sure that the land rights are also clear. In Japan, land ownership is often separated from building ownership.

leasehold (Shakuchi-ken, 借地権)

When building on land with a leasehold, it is necessary to understand the details of the contract with the leaseholder, including the renewal of the lease and payment of ground rent.

Also check the boundaries of the land and the rights of neighbours, as the Civil Code requires that a certain distance be maintained between adjacent land, which can cause problems if violated.Surveying the land and confirming boundaries are also important steps

Pay attention to the Building Lots Regulation Act. (宅地造成等規制法)

If the land is in an area prone to slopes and landslides, the Housing Land Development Regulation Act should also be taken into account.The purpose of this law is to ensure safety during residential land development and to prevent slopes from collapsing and landslides. Renovations in the relevant areas must therefore be applied for and approved in advance by the local authorities.

エネルギー関連

Building Energy Conservation Law (建築物省エネ法)

The main content of the legislation on the ZEH standard is as follows

• In principle, all new residential and non-residential buildings will be obliged to comply with energy efficiency standards from April 2025 onwards.
• If more than 80% of houses and buildings are at the ZEH level by 2030, the energy efficiency standard will be changed to the ZEH level.
• A mechanism will be included to encourage the display of energy-saving performance by house sellers.
• A JHF low-interest loan scheme for energy-saving renovation of existing homes is established.

ZEH stands for ‘Net Zero Energy House’ and is an index that aims to reduce the energy consumption of the entire house minus the energy produced by solar power generation, etc. to zero.Both the UA value and primary energy consumption are stricter than those for homes compliant with energy-saving standards, which are insulation performance grade 4 or higher and primary energy consumption grade 4 or higher.

To confirm that the house is of ZEH standard, a copy of the Construction Housing Performance Rating or Housing Energy Conservation Performance Certificate is required.

• Construction and Housing Performance Assessment Certificate (建設住宅性能評価書)
• Residential Energy Conservation Performance Certificate (住宅省エネルギー性能証明書)

Aiming for ZEH (Zero Energy House) standards

In recent years, environmentally friendly housing has been attracting attention, with ZEH (Zero Energy House) houses becoming more popular among them.ZEH-standard houses are designed to minimise energy consumption, and use solar power generation and insulation.

As these standards must be met in order to qualify for government subsidies, those considering eco-friendly renovations may want to consider this once: designing to ZEH standards will not only make it possible to create an environmentally friendly home, but will also have the advantage of reducing running costs in the future.The benefits are.

計量法

計量法とは？

計量法は、日本で正確な「はかる」仕組みを保証する法律です。例えば、スーパーマーケットの商品量、水道料金、電気料金など、私たちの生活の多くがこの法律に守られています。特に水道料金は、各家庭の使用水量を測る「水道メーター」がその正確さを支えています。

水道メーターの役割

水道メーターは、家庭や施設で使用された水の量を測定し、水道料金の算出に使用されます。このメーターが正確であることで、私たちは使用した分だけ料金を公平に支払うことができます。これが不正確だと、多く使った人が少ない料金を支払ったり、少ない水を使った人が多く請求されたりといった不公平が生じる可能性があります。

8年に1度のメーター交換が必要！

計量法では、水道メーターの「有効期間」を8年と定めています。この期間を過ぎると、メーターの精度が低下する可能性があるため、交換が義務付けられています。

なぜ8年ごとに交換するのか？

1. 計測精度の維持
   　長期間使用すると、内部部品が摩耗し、水量の測定が不正確になることがあります。これにより、使用者にも水道会社にも不利益が生じる可能性があります。
2. 信頼性の確保
   　計測誤差を最小限に抑えるため、国が定めた基準に基づき、一定の期間で交換を行う必要があります。
3. 法律による義務
   　計量法に基づき、水道事業者は有効期限切れのメーターを使用し続けることが禁止されています。このルールに従い、使用者の信頼を守る仕組みが作られています。

交換の費用と手続き

一般的には、交換作業の費用は水道事業者が負担する場合が多く、利用者には直接的な負担はありません。また、交換作業は事前に通知されるので安心です。交換時には、古いメーターを取り外し、新しいメーターを取り付けるだけなので、作業時間もそれほど長くかかりません。

最近では、計量法に適合した「スマートメーター」の導入が進められています。これにより、使用水量がリアルタイムでモニタリングできるようになり、さらに効率的な水管理が可能になります。スマートメーターは、デジタル化の進展に伴い、水道料金の透明性や公平性をさらに高める可能性を秘めています。

Law Concerning the Regulation of the Creation of Residential Land and Specific Land Use, etc. (Land Use Regulation Law) (宅地造成及び特定盛土等規制法（盛土規制法）)

From the perspective of protecting the lives and bodies of citizens from disasters caused by embankments, etc., the Law on Regulation of Building Lots and Specific Embankments, etc. (commonly known as the Law on Regulation of Building Lots and Embankments, promulgated on 27 May 2022), which comprehensively regulates dangerous embankments under uniform standards nationwide, regardless of the use or purpose of the land on which they are to be placed, came into force on 26 May 2023. It entered into force on 26 May 2023.

*The Embankment Regulation Act is a jointly administered law by the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Agriculture, Forestry and Fisheries.

For more information, see the Ministry of Land, Infrastructure and Transport (MLIT) information.

Laws related to the land selection stage and local revitalisation

While you don't have to concern yourself with this directly at the home purchase stage, the law may be useful in selecting areas to buy a vacant house in the land selection and other stages.

Local Rehabilitation Law (地域再生法)

The Regional Revitalisation Act aims to revitalise regions by stimulating the local economy and creating employment opportunities.The following initiatives are being undertaken to revitalise housing estates.

• Establishment of regional housing estate rehabilitation projects.
• Establishment of a system for proposing a project plan for the rehabilitation of regional housing estates by a regional rehabilitation promotion corporation.
• Relaxation of building regulations

In the Regional Housing Estate Revitalisation Project, the municipality defines the area and prepares a project plan for the revitalisation of the housing estate in cooperation with various actors.These project plans include the introduction of a variety of building uses, improvement of the convenience of local transport, and enhancement of nursing care services, etc.

New Housing and Urban Development Act (新住宅市街地開発法)

The New Housing and Urban Development Act is,

A law aimed at developing and guiding the development of residential urban areas to meet the demand for housing in and around urban areas with significant population concentration.

.

The Act regulates the implementation of new residential urban development projects and other necessary matters relating to the development of residential urban areas.In new residential urban development projects, residential urban areas are formed through the creation of residential land, the construction of public facilities and the disposal of created residential land.

Features of new residential urban development projects are as follows.

• This is a project to create a new town with a complex of urban functions, not only housing, but also roads, parks, schools, hospitals, shopping centres, business offices and other functions necessary for daily life.
• Local authorities take the initiative in acquiring land for the project.
• As a rule, built-up housing sites are sold through public subscription, with the obligation to build houses imposed at the time of sale.
• For 10 years after the completion of the project, the parties concerned must obtain approval from the prefectural governor for the transfer of ownership (sale) of the purchased land.

Construction Recycling Law (建設リサイクル法)

The Construction Recycling Act was established to ensure the correct disposal of waste generated during construction work and to encourage recycling.As an individual, matters relating to the Construction Recycling Act include the following
Obligation to notify: the Construction Recycling Law requires the client or voluntary contractor to notify. Failure to notify may result in a fine of 200,000-300,000 yen.
Eligible works: demolition works, new construction works, civil engineering works and renovation works above a certain size in terms of floor area and construction value.
Separation of specific construction materials: in targeted construction projects, specific construction materials such as timber, concrete and asphalt concrete must be separated on site.
Registration as a demolition contractor: if you carry out work to demolish buildings or structures, you must be registered as a demolition contractor. However, if you are a licensed civil engineering, building construction or demolition contractor, you do not need to register as a demolition contractor.

For more information, see the following pages of the Ministry of the Environment and your own local government's pages on the Construction Recycling Law.

Ministry of the Environment: overview of the Construction Recycling Law.https://www.env.go.jp/recycle/build/gaiyo.html

Extra: building insurance and warranties

When renovating in Japan, it is important to take fire and earthquake insurance into account. In particular, Japan is prone to natural disasters, so insurance is essential to protect your home.

Furthermore, it is a good idea to take out defects liability insurance to ensure that any defects found in the building will be dealt with even after construction has been completed. This insurance is designed to repair serious defects found after construction, and provides a long-term guarantee.

Summary

Self-renovation is an enjoyable process to get the home of your dreams, but you cannot ignore the law and your rights. By doing your research and following the necessary procedures beforehand, you can proceed with your project with peace of mind. To enjoy building your own home and avoid legal problems, use the points outlined in this article to help you plan ahead.

Conclusion

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