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- Permission and authorization of the relationship between sites and roads (Article 43, Paragraph 2 of the Building Standards Act)
The text is from here.
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.
- Permission and certification guidance pursuant to the provisions of Article 43, Paragraph 2 of the Act
- What is permission / certification pursuant to the provisions of Article 43, Paragraph 2 of the Act?
- Procedures
- Q & A of Permission and Certification of Article 43, Paragraph 2 of the Act
- Format download
※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
- On April 1, 2025, we started trial operation of written answer of Building Standard Act Article 43 permission, authorization prior consultation.
- We revised a part of "permission standard by rule of Building Standard Act Article 43 Clause 2 second". Along with this, we have partially revised the "Guide to Permission and Certification under the provisions of Article 43, Paragraph 2 of the Building Standards Act". . (R7.4.1)
- The certification standards and permission standards based on the provisions of Article 43, Paragraph 2 of the Building Standards Law, which were partially revised to R6.6.3, have been enforced. At the same time, we have partially revised the "Guide to Permission and Certification under the provisions of Article 43, Paragraph 2 of the Building Standards Act". (R6.12.23)
- We revised some certification standards and permission standards according to the provisions of Article 43, Paragraph 2 of the Building Standards Law. (R6.6.3)(PDF:122KB)
Permission and certification guidance under the provisions of Article 43, Paragraph 2 of the Building Standards Act (April 2025 version)
Cover, Table of Contents, Terms (PDF: 491KB)
Chapter 1: Law revision and permission standard revision (PDF: 515KB)
Chapter 2: Permit criteria (PDF: 975KB)
Chapter 3: Certification criteria (PDF: 516KB)
Chapter 4: Procedures for permission / certification application (PDF: 1,019KB)
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.
- Permission criteria (old and new comparison table) according to the provisions of Article 43, Paragraph 2, Item 2 of the Building Standards Act (PDF: 135KB)
- Permission and certification guidance according to the provisions of Article 43, Paragraph 2 of the Building Standards Act (specified the revised part) (PDF: 1,604KB)
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".
- Outline of the revision (PDF: 122KB)
- Authorization standard of Building Standard Act Article 43 Clause 2 Clause 1 (old and new target table) (PDF: 157KB)
- Permission criteria (new and old comparison table) of Building Standard Act Article 43 Clause 2 second (PDF: 283KB)
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.
- Outline of revision (PDF: 139KB)
- Permission criteria for Article 43, Paragraph 2, Item 2 of the Building Standards Act New and Old Comparison Table (PDF: 195KB)
- Permission and certification guidance according to the provisions of Article 43, Paragraph 2 of the Building Standards Act (specified the revised part) (PDF: 969KB)
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.
- Outline of revision (PDF: 262KB)
- Permission criteria for Article 43, Paragraph 2, Item 2 of the Building Standards Act New and Old Comparison Table (PDF: 504KB)
- Permission and certification guidance according to the provisions of Article 43, Paragraph 2 of the Building Standards Act (specified the revised part) (PDF: 984KB)
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.
- Outline of development (PDF: 132KB)
- Authorization standard (PDF: 116KB) by rule of Building Standard Act Article 43 Clause 2 first
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".
Criteria | Overview |
---|---|
Certification Criteria 1 | Buildings to be built on a site adjacent to a road with a width of 4m or more managed by public institutions, etc. |
Certification Criteria 2 | Buildings 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.
Criteria | Overview | |
---|---|---|
Building Examination Committee Comprehensive Consent Standard 1 | Buildings to be built on sites in contact with open spaces, etc. | |
Building Examination Committee Comprehensive Consent Standard 2 | Buildings 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 3-2 | Buildings 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 3-3A | Buildings 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 3-3B | Buildings 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 3-3-2 | Buildings 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 3-4 | Buildings 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 3-4-2 | Buildings 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 3-5 | Buildings 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.
required documents | Remarks |
---|---|
Guide map | Please clearly indicate the path and site to be consulted in red. |
Peripheral Current Status | Please 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 map | You can get it at the Legal Affairs Bureau. You can copy it. |
Certificate of entry (registered copy) or summary of entry | Roads to be consulted and consultation sites are required. You can copy it. |
Outline of Architectural Plan | It 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 map | You 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 photos | Please attach a copy of the road and site to be consulted. |
Application for permission and certification (this application)
required documents | Permit criteria | Certification criteria | |||||
---|---|---|---|---|---|---|---|
1 | 2 | 3-2 | 3-3, etc. ※1 | 1 | 2 | ||
Permit application (No. 43 style) | No. | No. | No. | No. | Not required | Not required | |
Certification application (No. 48 style) | Not required | Not required | Not required | Not required | No. | 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 required | No. | No. | No. | |
Pledge (original) (registered seal is required as before) | No. | ▲1 | No. | No. | ▲1 | Not required | |
Letter of consent (original) | Not required | Not required | Not required | Not required | Not required | No. | |
Seal Registration Certificate (original) | Not required | ▲1 | No. | No. | ▲1 | No. | |
Guide map | No. | No. | No. | No. | No. | No. | |
Peripheral Current Status | No. | No. | No. | No. | No. | No. | |
Detailed map of the road required for certification (from the law road to the site) | Not required | Not required | Not required | Not required | No. | No. | |
Layout map (the site is surrounded by blue and the road is surrounded by red) | Comply with the building confirmation application book | No. | No. | No. | No. | No. | No. |
Site and building quadrature map | No. | No. | No. | No. | No. | No. | |
Floor plan | No. | No. | No. | No. | No. | No. | |
Elevations | No. | No. | No. | No. | No. | No. | |
Site photos | No. | No. | No. | No. | No. | No. | |
Copy of related organization procedures or report of consultation | No. | ▲2 | Not required | Not required | ▲2 | Not required | |
Other, as necessary | Copy of related organization procedures or report of consultation | Not required | Not required | No. | No. | Not required | No. |
Road ledger floor plan (city hall the second floor "Yokohama Building Information Center") | No. | Not required | Not required | No. | Not required | No. | |
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 required | Not required | No. | Not required | No. | |
Others | No. | 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
- 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?
- 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?
- Q: Conditions for obtaining permission and certification
- Q: About written oath, written consent necessary when receiving permission, authorization
- Q: About Building Examination Committee Comprehensive Consent Standard
- Q: Regarding the necessity of submitting a proposal to the “Building Examination Committee” when obtaining permission
- Q: About the period of the procedure
- Q: About procedure when building plan is changed after permission, authorization acquisition
- 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?
- 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?
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.
"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".
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.
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.
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.
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.
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.
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.
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.
As permission, authorization of law Article 43 Clause 2 becomes permission, authorization for building, application is necessary every time we perform building act.
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
Common style
- Flow of procedure <PDF format (PDF: 316KB)>
- Prior consultation slip <Word format (word: 36KB) / PDF format (PDF: 185KB)>
- Change approval application <Word format (word: 20KB) / PDF format (PDF: 115KB) / description example (PDF: 805KB)>
- Notification of plan change <Word format (word: 21KB) / PDF format (PDF: 89KB)>
- Notification of withdrawal <Word format (word: 32KB) / PDF format (PDF: 127KB)>
- Notice of cancellation <Word format (word: 33KB) / PDF format (PDF: 198KB)>
- Name change notification <Word format (word: 34KB) / PDF format (PDF: 180KB)>
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)
- Permission application (No. 43 style) <Word format (word: 52KB) / PDF format (PDF: 197KB) / Notes (PDF: 786KB)>
- Pledge style <Word format (word: 27KB) / PDF format (PDF: 178KB) / description example (PDF: 324KB)>
- Example of permission application layout drawing (in the case of comprehensive consent standard 3-3) <PDF format (PDF: 167KB)>
- Example of permission application layout drawing (in the case of comprehensive consent standard 3-3-2) <PDF format (PDF: 757KB)>
- For those who receive individual permission that does not meet the comprehensive consent criteria <PDF format (PDF: 385KB)>
- Drawing Reference style for Building Examination Committee <PPTX format (Power Point: 49KB)>
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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]
Page ID: 605-367-435