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Permission and authorization of the relationship between sites and roads (Article 43, Paragraph 2 of the Building Standards Act)

Permission pursuant to the proviso of Article 43 of the Old Law

Last updated on April 1, 2025.

※About concrete plan to affect permission, authorization, please talk with city area building section building permission charge (Phone: 045-671-4510).

Notice

About information of window

  • Consultation at the counter should be accepted between 8:45 and 11:30 and 13:00 and 16:30.
  • Mondays and Fridays are particularly crowded, so it may take some time from reception to guidance. Also, it's relatively easy between 9 and 10. Please refer to the next agency.
  • The person in charge is divided by ward. When you come to the counter, please confirm the enrollment of the person in charge as necessary.
  • About procedure of prior consultation of Building Standard Act Article 43 Clause 2 permission, authorization (permission, authorization of relation between site and road), we ask for reception at window, but reception by mail We will also respond. When submitting by mail, please contact and coordinate with the person in charge in advance and send it.

   In addition, for applications for permission and certification, the fee will be paid by the fee payer on the day of application.
Please note that    we will not accept applications by mail. 

What's New

Permission and certification guidance under the provisions of Article 43, Paragraph 2 of the Building Standards Act (April 2025 version)

Revision history

April 1, 2025 Partial revision and enforcement of permission standards, partial revision of permission and certification guidance

 With the start of the application of the "Regulation Law on Residential Land Development and Specific Embankment", some of the permission standards have been revised. In addition, along with the revision of permission standards, some revisions have been made to permit and certification guidance.

December 23, 2024 Enforcement of partial revision of permission standards and certification standards, partial revision of permission and certification guidance

 The permission standards and certification standards, which were partially revised on June 3, 2024, were enforced. In addition, along with the revision of the permission standards and certification standards, the wording of the guidance on permission and certification was organized and the composition was changed.

June 3, 2024 Partial revision of permission standards and certification standards (scheduled to be enforced around autumn 2024)

 In order to facilitate operation, we clarified the standards, changed the composition of the standards, and organized the wording. In addition, along with the revision of the Building Standards Law Enforcement Detailed Regulations, the certification standards were revised. The enforcement of the new standard is scheduled to be around autumn 2024, along with the revision of the "Guide for Permission and Certification under the provisions of Article 43, Paragraph 2 of the Building Standards Act".

Partial amendment on July 29, 2020

 With relocation of Government building, we revised guidance destination.

 Along with the revision of the Building Standards Law, permission standards have been revised. In addition, along with the revision of permission standards, etc., information on permission and certification has been changed, such as commentary and commentary, and other necessary revisions have been made.

December 14, 2018 Partial revision and enforcement of permission standards, guidance on permission and certification Partial revision and enforcement

 Along with the revision of the Building Standards Law, permission standards have been revised. In addition, along with the revision of permission standards, etc., information on permission and certification has been changed, such as commentary and commentary, and other necessary revisions have been made.

September 25, 2018 Established and enforced certification standards

 Due to the revision of the Building Standards Law, a certification system was newly established, so we have formulated standards for certification.

September 25, 2018 Partial revision and enforcement of permission standards

 Necessary revisions have been made due to the establishment of a certification system due to the revision of the Building Standards Law.

Partial amendment on April 1, 2017

 Section names have been changed due to the organizational reform of Housing and Architecture Bureau.

Partial amendment on June 1, 2015

 With Building Standard Act partial revision, we changed style of permission application.

April 1, 2015 Partial revision and enforcement

 Changes in commentary texts and commentary diagrams accompanying the revision of permission standards, and other necessary revisions were made.

What is permission / certification pursuant to the provisions of Article 43, Paragraph 2 of the Act?

 According to the Building Standards Law, the site of the building must be in contact with the road of the Building Standards Law at least 2m. However, for a variety of reasons, there are sites that do not apply to this rule.
 Even if it is such a site, construction will be possible for those that the mayor recognized and approved without any problems in traffic, safety, fire prevention and hygiene. This is called permission / authorization according to the provisions of Article 43, Paragraph 2 of the Building Standards Law.
 In addition, the consent of the Building Examination Committee is required for permission. The consent of the Building Examination Committee is not required for certification.

Certification criteria pursuant to the provisions of Article 43, Paragraph 2, Item 1 of the Act

  Standards that the mayor recognizes that there is no problem in traffic, safety, fire prevention and hygiene on authorization by rule of law Article 43 Clause 2 first are as follows. For details of the standards, please refer to "Permission / Authorization Guide by the provisions of Article 43, Paragraph 2 of the Building Standards Act".

List of certification criteria according to the provisions of Article 43, Paragraph 2, Item 1 of the Act
CriteriaOverview
Certification Criteria 1Buildings to be built on a site adjacent to a road with a width of 4m or more managed by public institutions, etc.
Certification Criteria 2Buildings to be built on a site adjacent to the existing route-type road on May 1, 1999

Permission criteria pursuant to the provisions of Article 43, Paragraph 2, Item 2 of the Act

 On permission by rule of law Article 43 Clause 2 second, standard that the mayor recognizes as not having trouble in traffic, safety, fire prevention and hygiene is as follows. For details of the standards, please refer to "Permission / Authorization Guide by the provisions of Article 43, Paragraph 2 of the Building Standards Act".

[Reference] About Building Examination Committee Comprehensive Consent Standard

 Regarding permission under the provisions of Article 43, Paragraph 2, Item 2 of the Act, we have formulated the Building Examination Committee Comprehensive Consent Standards for the purpose of smooth execution of permission work. General cases will be used as the Building Examination Committee Comprehensive Consent Standard, and with the consent of the Building Examination Committee in advance, if a building that conforms to this standard is permitted, the procedure for submitting to the examination committee will be omitted.

List of permission criteria according to the provisions of Article 43, Paragraph 2, Item 2 of the Act
CriteriaOverview
Building Examination Committee Comprehensive Consent Standard 1Buildings to be built on sites in contact with open spaces, etc.
Building Examination Committee Comprehensive Consent Standard 2Buildings to be built on a site adjacent to a road with a width of 4m or more managed by public institutions, etc.
Building Examination Committee Comprehensive Consent Standard 3-2Buildings that have been restricted based on the provisions of Article 37 of the City Planning Act, buildings that have been licensed based on the provisions of Article 76 of the Land Readjustment Act, and other similar items
Building Examination Committee Comprehensive Consent Standard 3-3ABuildings to be built on the site adjacent to the existing route-type roads on May 1, 1999
"Open space width 1.8m or more, center retreat 2m or more"
Building Examination Committee Comprehensive Consent Standard 3-3BBuildings to be built on the site adjacent to the existing route-type roads on May 1, 1999
"Open space width 2.7m or more, center retreat 2m or more"
 
Building Examination Committee Comprehensive Consent Standard 3-3-2Buildings to be built on a site adjacent to the end of a dedicated passage that actually exists on May 1, 1999
"Open space width 1.5m or more and extension 20m or less"
Building Examination Committee Individual Consent Criteria 3-4Buildings to be built on the site adjacent to the existing route-type roads on May 1, 1999
"Open space width 0.9m or more and less than 1.8m, center retreat 2m or more"
Building Examination Committee Individual Consent Standards 3-4-2Buildings to be built on a site adjacent to the end of a dedicated passage that actually exists on May 1, 1999
"Open space width 0.9m or more and extension 15m or less"
Building Examination Committee Individual Consent Criteria 3-5Buildings to be built on the site adjacent to the existing route-type roads on May 1, 1999
"Open space width 0.9m or more, center retreat 1.35m or more and less than 2m"

Procedures

 Prior to applying for permission and certification, we ask for prior consultation.
 Please prepare "Building Standards Law Article 43 Permission / Certification Prior Consultation Form" and required documents, and consult with the Urban Building Division Building Permission Section (045-671-4510). (Please refer to "Flow of Procedure (PDF: 363KB)".)
From April 1, 2025, we have started trial operation of written responses to the Building Standards Law Article 43 permission and certification prior consultation.
※Only sites where the Comprehensive Consent Standard 3-3A or 3-3B is applied to those who have responded in advance consultation since 2025 will be eligible for written responses. Please note that sites to which other standards (comprehensive consent standard 2 and comprehensive consent standard 3-3, etc.) are applied cannot be issued.

List of required documents
required documentsRemarks
Guide mapPlease clearly indicate the path and site to be consulted in red.
Peripheral Current StatusPlease describe the width of the current road. In addition, when you are going to apply for certification, please make sure that you know the details from the law road to the site.
Official map or cadastral mapYou can get it at the Legal Affairs Bureau. You can copy it.
Certificate of entry (registered copy) or summary of entryRoads to be consulted and consultation sites are required. You can copy it.
Outline of Architectural PlanIt can be obtained at the "Yokohama Building Information Center" on the second floor of the city hall.
Authorized route map, road ledger floor plan / area mapYou can make a copy at the "Yokohama Building Information Center" on the second floor of the city hall and Public Works Office in each ward. You can also check it from the Internet. ("Yokohama no Michi (road ledger map information)" (outside site)
Area maps can be replaced with clear maps and restoration maps for roads and waterways provided in each ward Public Works Office.
Site photosPlease attach a copy of the road and site to be consulted.

Application for permission and certification (this application)

Application for Permission and Certification required documents
required documentsPermit criteria
Certification criteria
3-23-3, etc.
※1
Permit application (No. 43 style)No.No.No.No.Not requiredNot required

Certification application (No. 48 style)
(If you are applying for certification, please contact us at the counter.)

Not requiredNot requiredNot requiredNot requiredNo.No.
Power of Attorney (in case of correction, seal with the agent's seal is required)No.No.No.No.No.No.
Official map (in principle, within 3 months, the site is surrounded by blue and the road is red, the original is the original)No.No.Required (copiable)No.No.No.
Certificate of all matters (certified copy of land registry) (in principle, within 3 months, original)No.No.Not requiredNo.No.No.
Pledge (original) (registered seal is required as before)No.▲1No.No.▲1Not required
Letter of consent (original)Not requiredNot requiredNot requiredNot requiredNot requiredNo.
Seal Registration Certificate (original)Not required▲1No.No.▲1No.
Guide mapNo.No.No.No.No.No.
Peripheral Current StatusNo.No.No.No.No.No.
Detailed map of the road required for certification (from the law road to the site)Not requiredNot requiredNot requiredNot requiredNo.No.
Layout map (the site is surrounded by blue and the road is surrounded by red)Comply with the building confirmation application bookNo.No.No.No.No.No.
Site and building quadrature mapNo.No.No.No.No.No.
Floor planNo.No.No.No.No.No.
ElevationsNo.No.No.No.No.No.
Site photosNo.No.No.No.No.No.
Copy of related organization procedures or report of consultationNo.▲2Not requiredNot required▲2Not required
Other, as necessaryCopy of related organization procedures or report of consultationNot requiredNot requiredNo.No.Not requiredNo.
Road ledger floor plan (city hall the second floor "Yokohama Building Information Center")No.Not requiredNot requiredNo.Not requiredNo.
Road ledger area map (city hall the second floor "Yokohama Building Information Center") or boundary clear map, restoration map (each ward Public Works Office)No.Not requiredNot requiredNo.Not requiredNo.
OthersNo.No.No.No.No.No.


※1 Comprehensive Consent Standards 3-3-2, Individual Proposal Standards 3-4, 3-4-2, 3-5, etc. also apply.
▲Depending on the form of the road, either 1 or 2 is required.

Q & A of Permission / Certification pursuant to the provisions of Article 43, Paragraph 2 of the Act

Q
Outline of permission and certification under Article 43, Paragraph 2 of the Act
A

 The site of the building must be in contact with the road under the Building Standards Law at least 2m. Therefore, if you do not touch the road under the Building Standards Law, construction will be impossible in principle. However, even if the site is not in contact with the road under the Building Standards Law, if the specific administrative agency recognizes that it will not interfere with the surrounding situation and permits and approves it, it will be possible to build it without meeting the above conditions . This is the permission and certification of Article 43, Paragraph 2 of the Act.
 Until April 30, 1999, the application of Article 43, Paragraph 2 of the Act was determined in the application for building confirmation by the building supervisor, but the permission system was changed from May 1, 1999 due to law revision , A certification system was newly established on September 25, 2018, and permission or certification of a specific administrative agency was required for the application of Article 43, Paragraph 2, Paragraph 2 of the Act.
 In addition, the consent of the Building Examination Committee is required for permission.  

Q
Is the road-shaped open space pertaining to the permission and certification of Article 43, Paragraph 2 of the Act a road under the Building Standards Law?
A

 "Roads" in the Building Standards Law refer to those specified in Article 42 of the Act. Therefore, road-like open space pertaining to permission, authorization of Article 43, Paragraph 2 of the Act is not "roads".

Q
If the road in front of the house is a road-like open space pertaining to permission / certification under Article 43, Paragraph 2 of the Act, is it possible to rebuild it?
A

 Road-shaped open spaces pertaining to permission and certification under Article 43, Paragraph 2 of the Act cannot be treated as roads under the Building Standards Law. Therefore, when rebuilding an existing building, it is necessary to obtain permission or certification. About permission and the right or wrong of authorization and the conditions, prior consultation vote, guide map, present situation neighboring map or present situation survey map (thing which specified width of the present road), official map or cadastral map, registered copy or entry summary Please consult with the City Hall 25th floor, Urban Building Division Building Section Building Permission after preparing documents such as the target road and the land in contact with the road), land area survey map, site photos, etc.

Q
Conditions for obtaining permission and certification
A

 Permission / certification conditions and site retreat distance are comprehensively determined based on the situation for each project. Permission standards and certification standards are established, but conditions may be added, so prior consultation slips, guide maps, current situation surrounding maps or current situation survey maps (specifying the width of the current road), public maps Or, please consult with the city hall building section 25 after preparing documents such as cadastral map, registered copy or entry summary (those of the target road and land in contact with the road), land area survey map, site photo, etc.

Q
About written oath, written consent necessary when receiving permission, authorization
A

 Pledges and written consents are documents that the relevant right holders pledge and agree to "maintain and maintain road-like open spaces pertaining to permission and certification under Article 43, Paragraph 2 of the Act in the future." About necessary style and entry method, please talk with city hall the 25th floor, city area building section building permission charge.

Q
About Building Examination Committee Comprehensive Consent Standard
A

 When obtaining permission under Article 43, Paragraph 2 of the Act, it is necessary to obtain the consent of the Building Examination Committee.
 In order to simplify the permission procedure, Yokohama City has established the Building Examination Committee Comprehensive Consent Standards for General ones. For buildings that meet the Building Examination Committee Comprehensive Consent Standards, the submission to the Building Examination Committee is omitted on permission.
 In addition, consent of building examination committee is unnecessary when we receive certification.

Q
Regarding the necessity of submitting a proposal to the “Building Examination Committee” when obtaining permission
A

 When receiving permission for those that do not conform to the Building Examination Committee Comprehensive Consent Standards, it is necessary to submit the Building Examination Committee individually and obtain the consent. We have established the Building Examination Committee Individual Proposal Standards as the minimum standard for submitting to the Building Examination Committee. For details, please consult with the City Hall 25F, Urban Area Building Division Building Permission Section.

Q
About the period of the procedure
A

 For the flow of the procedure, please refer to "Permission / Certification Guided by the provisions of Article 43, Paragraph 2 of the Building Standards Act". It takes 2-4 weeks from "advance consultation submission" to "answer to consultant" (* If deliberation by the Road Judgment Committee is required, it may take 4-5 weeks). In addition, from "permission / certification application" to "permission / certification notification issuance", it generally takes two weeks if there are no defects in site maintenance or application documents. However, this period is only a guide and may vary depending on the situation.

Q
About procedure when building plan is changed after permission, authorization acquisition
A

 If the architectural plan is changed, in principle, you will need to submit the original permission / certification cancellation notice, and then apply for permission / certification again. However, in cases where minor changes are subject to building confirmation, changes in partition walls, corrections, etc., it may be possible to process by "plan change approval application" or "plan change notification". Please confirm with city hall the 25th floor, city area building section building permission charge about which procedure is necessary by all means.

Q
If the permission / certification under Article 43, Paragraph 2 of the Act is obtained once, is it not necessary to apply for future extension / remodeling / rebuilding?
A

As permission, authorization of law Article 43 Clause 2 becomes permission, authorization for building, application is necessary every time we perform building act.

Q
If the permission / certification under Article 43, Paragraph 2 of the Act is obtained once, will it be possible to obtain permission / certification even in future extension / remodeling / rebuilding?
A

 Depending on the subsequent changes in road conditions and the contents of the architectural plan, permission / certification may not be possible or new conditions may occur. In the case of extension or remodeling or rebuilding, prior consultation slip, guide map, current situation surrounding map or current situation survey map (specifying the width of the current road), official map or cadastral map, registered copy or entry summary Please prepare materials such as the target road and the land in contact with the road), land area survey map, site photo, etc., and consult with the City Hall 25th floor, Urban Area Building Division Building Permission Section.

Format download

Please download format about designation of position of road of the present situation respect type from page of guide of road position designation application.

Common style

Article 43, Paragraph 2, Item 1 of the Act

 If you are applying for certification, please contact us at the counter.

Permission of Article 43, Paragraph 2, Item 2 of the Act (former proviso permission)

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Inquiries to this page

Housing and Architecture Bureau Building Guidance Department Urban Building Division (about permission and certification)

Phone: 045-671-4510

Phone: 045-671-4510

Fax: 045-681-2438

E-Mail address [email protected]

Housing and Architecture Bureau Building Guidance Department Building Planning Division (Revision of Standards, etc.)

Phone: 045-671-2933

Phone: 045-671-2933

Fax: 045-550-3568

E-Mail address [email protected]

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Page ID: 605-367-435

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