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10/28/2021

Example: Building an Annex Extension

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Example: an Annex Extension

(In the case of an annex extension to a residence with a total floor area of 100㎡ or less and two floors or less in a semi-fire prevention zone)
As a general rule, when building an separate annex, it is required to conform to the existing regulations. If it is an extension of an existing building, the collective regulations for the existing part and the individual regulations for structure, fire prevention, and evacuation are also applied retroactively. 
If a separate annex building is constructed,  some of the individual and collective regulations are not applied retroactively to the existing building. For details, please refer to the notes below. 
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Collective Regulations:
  • The building-to-land ratio and floor-area ratio shall be applied by taking into account the area of extension.
  • The height regulations (road diagonal, neighboring land diagonal, north diagonal, altitude zone) are not applied retroactively to existing buildings.
  • An annex can be built on a site facing a law-designated road for 2 meters or more or with a special permit.
  • If the existing building extends into a road, the part of the building within the road must be removed.
  • The provisions for installing fire prevention equipment at openings in the exterior walls of existing buildings are not applied retroactively. 
⇒ The provisions for fire prevention equipment for the area, height, and openings in the exterior walls are not applied retroactively. 
Individual Regulations (Existing Buildings) 
The individual regulations (provisions of Chapter 2 of the Building Standards Law) are not applied retroactively. 
The part of the building that was legal must remain legal after the expansion. 
⇒ The individual regulations are not applied retroactively. 
Procedural Regulations 
  • In principle, applications for a building permit and for completion inspection are required. 
  • ​In some cases, an application for interim inspection may be required depending on the building to be extended.
  • ​In areas other than fire prevention and quasi-fire prevention areas, an application for building certification is not required for extensions with a floor area of 10 ㎡ or less.  
  • It is necessary to comply with the Building Standard Law even if no application for building permit is required. 
Individual Regulations (Separate Building Extensions) 
  • The current regulations are applied. 
Notes:
Conditions for Separate Annex Buildings (All of the following must be satisfied.) 
1. The buildings must be structurally separate. (Each building is independent in terms of structural durability. )
2. The buildings must be functionally separate. (The annex and the main building are not connected by an indoor space.)
3 The buildings must be separate in appearance. (The exterior of the buildings can be recognized as two buildings by socially accepted standards.)

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10/25/2021

Example: Change of Use

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Example: Change of Use

(Changing the use of a residential building with two floors or less and a total floor area of less than 200㎡ to an inn)
When changing the use of a building, the provisions on building coverage ratio, floor area ratio, and structural durability do not apply, but the restrictions of the zoning district and the provisions on fire prevention and evacuation apply depending on the intended use and scale of the change. 
When changing the use to a specified building with a total floor area of more than 100 square meters, a building permit application is required. 
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Evacuation Regulations 
  • Emergency lighting is required in guest rooms. 
  • Although smoke ventilation equipment is required in guestrooms, etc., renovation is not necessary if the existing windows and other openings are effective for smoke ventilation. 
⇒The use can be changed if emergency lighting and windows are installed. 
Procedural Rules 
  • In the case of a change of use with a floor area of more than 100 ㎡, an application for building permit is required. However, if the use is similar, no application is required. 
  • For changes in use that require a building permit, it is necessary to notify the District Surveyor of the completion of construction. 
Collective Regulations 
  • The building-to-land ratio and floor-area ratio are not applied retroactively. 
  • Height regulations (oblique lines on roads, oblique lines on adjacent land, oblique lines on the north side, height districts) are not applied retroactively. 
  • Restrictions on zoning are not applied retroactively. 
Fire Prevention Regulations 
  • Fire prevention regulations are not applied retroactively to the existing part. 
⇒ Fire prevention regulations do not apply to buildings less than 200 m² with two or fewer floors. 
Other Laws and Regulations 
In addition to the Building Standards Law, other laws and regulations such as permits and approvals may be required for changes in use. 
Major Relevant Regulations 
(Fire Service Act) 
  • In the case of Kyo-Machiya houses larger than a certain size, evacuation guiding lights and fire extinguishers must be installed. 
(Ryokan Business Law) 
The following may be required depending on the size of the building:
  • Installation of a front desk
  • Limits on the floor area of guest rooms
  • Installation of bathrooms
  • Installation of washrooms  
  • Installation of lavatories. 
Notes:
The regulations for fire-prevention zones/quasi-fire-prevention zones and structural durability provisions do not apply retroactively, but in order to make buildings safe and secure, you are advised to make the building fireproof and earthquake-proof.

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10/21/2021

Example: Large-ScaleRepairs and Remodeling

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Example: Large-Scale Repairs and Remodeling

(For residences with a total floor area of 100 ㎡ or less and two floors or less in a quasi-fire zone) 
The Building Standard Law is applied retroactively to construction work*1 that falls under the category of large-scale repair or remodeling, and in general, the specifications of the renovated house need to conform to the current law. However, there are a number of relaxed regulations that allow for large-scale repairs and remodeling under certain conditions. 
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Fire prevention
  • The eaves of the house can be made with wooden panels (*1).
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​Eaves with wooden panels

  • The exterior walls can be painted with earth or covered with wooden boards (*1). If the current wall is painted with earth that complies with the Notification, no modification is required.  
  • If a fire prevention system is installed on the inside, the outside can be a wooden lattice. 
  • Fire prevention equipment of the specifications designated by the Notification can be covered with wood on the surface.  
​⇒ The house can be repaired in a way that makes the most of its original Kyo-Machiya design.
​* 1: The specifications must conform to the Notification and be approved by the Minister. ​
Procedural Rules 
  • For buildings specified in Article 6, Clause 1, Items 1 through 3 of the Act, applications for building permit and completion inspection are required. 
  • For buildings specified in Article 6, Clause 1, Item 4 of the Law, no application for building permit is required. 
  • It is necessary to comply with the Building Standard Law even when an application for a building permit is not required. 
Collective regulations 
  • The building coverage ratio and the floor area ratio are not subject to retroactive application. 
  • Height regulations (diagonal lines on roads, diagonal lines on neighboring land, diagonal lines on the north side, height districts) are not subject to retroactive application. 
  • Large-scale repairs/renovation are possible for a site that borders a road designated as such by the law by 2 m or more, or those that have received special permission is allowed.
  • If the existing building is located within the road, it is necessary to remove the part concerned. 
⇒ The area and height regulations are not applied retroactively.
Structure 
  • ​Repairs and remodeling are possible if the risk does not increase in terms of structural durability. 
⇒ Possible by reducing the weight of the roof and repairing the deterioration of the exterior walls.
*2:
Examples of construction work that falls under the category of large-scale repairs or remodeling
  • Repair of exterior walls (majority of the area of the exterior walls) 
  • Repair of pillars (majority of the number of pillars) 
  • Repair of roof (majority of the area of the roof, excluding tiles and baseboards) 
Examples of work that is NOT considered large-scale repairs or remodeling 
  • Reroofing of roof tiles and baseboards 
  • Installation of stairs 
  • Repainting of rough exterior walls 
  • Repairing or remodeling less than half the area of the exterior walls 
  • Repairing or remodeling less than half of the pillars or beams

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10/17/2021

Extensions and Other Large Scale Construction (Q& A)

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Q: Are extensions and other large-scale construction possible? 

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Even if the building is an existing unqualified building, various regulations apply to extensions, large-scale repairs, large-scale remodeling, and changes in use. 
While the Building Standard Law is applied retroactively, it is relatively easy to extend, repair, remodel, and change the use of a building under certain conditions. There are also relatively easy methods to build a new Kyo-Machiya house.
Large-Scale Repair and Remodeling: Most of the exterior walls are damaged, but is it easy to repair them? 
Change of Use: ​I would like to turn my Kyo-Machiya house into a Japanese inn, but is it easy to change the use? 
Extensions: I would like to build an extension as my house is not spacious enough, but is it easy to do so? 
New Construction: I would like to build a new house with the design and structure of a traditional wooden Kyo-Machiya, but is it easy to do so?

A: Yes, they are possible in certain instances.

Large-Scale Repair and Remodeling:
⇒ Can be done easily
  • Full repair of exterior walls from the substrate 
  • Full repair of the roof from the substrate
⇒ The above repairs fall under the category of large-scale repairs. 
The Building Standard Law is applied retroactively, but there are some mitigation clauses. 
For details, please refer to "Examples of Large-Scale Repairs and Remodeling."
Change of Use:
⇒It is easy to change the use. 
  • A change of use of a Kyo-Machiya house to an inn, etc. 
⇒The above change of use is possible without major renovation (Provided that it does not involve renovation that falls under the category of large-scale repair or remodeling. )
 For details, see "Examples of Change of Use." 
Extensions:
⇒ An existing building can be easily extended.
  • Building an annex on the site 
⇒ ​Some of the individual and collective regulations do not apply retroactively to the existing building for the above extensions. 
For details, please refer to "Examples of Separate Building Extensions." 
New Construction:
⇒ New construction is possible.
  • New construction of a building with a design such as a Kyo-Machiya using the traditional framework construction method. 
⇒ New construction using the traditional framework construction method is possible if safety is confirmed by advanced verification methods. 
For details, please refer to "Examples of New Construction." 

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10/17/2021

Examples of Exterior Modifications: Building Fixtures & Lattices

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Q: Can the Exterior Be Legally Maintained?

A: ​Exterior Maintenance Can Be Done Legally.

Building Fixtures: I want to make the fittings of the fire prevention equipment look like wooden fittings. Can this exterior modification be made legally?
⇒ Can be modified legally.
  • Putting up wood on the fire prevention equipment of the designated specifications 
⇒ The above appearance change does not interfere with the use of the fire prevention equipment. 
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Renovation to windows 
Machiya-style "Mushiko" windows of can be installed. Fire prevention equipment fittings can be installed on the inside of the ”Mushiko” windows to improve fire safety performance as well as the appearance of the building. 
Wooden Lattice: I want to install a wooden lattice on the outside of the fittings of the fire prevention equipment. Can this exterior modification be made legally?
​
⇒ Can be modified legally.
  • Installation of a wooden lattice on the outside of fire protection equipment 
⇒ The above appearance change does not interfere with the use of the fire prevention equipment.
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Installation of wooden lattice
Wood can be put on the fire prevention equipment of the designated specification.  
Wooden lattices can be installed on the outside of fire prevention equipment. However, care must be taken if the room behind does not have windows for daylight and smoke exhaustion.
 The installation of wood on fire prevention equipment of the designated specifications or the installation of lattices on the outside of fire prevention equipment - including fire prevention equipment approved by the Land, Infrastructure, Transport and Tourism Minister - does not degrade the fire protection performance of the fire prevention equipment, and thus wooden fittings can be installed to improve the exterior appearance.

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10/16/2021

Examples of Exterior Modifications: Walls & Eaves

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Q: Can the Exterior Be Legally Maintained?

A: ​Exterior Maintenance Can Be Done Legally.

​Wall: I want to change my mortar walls to mud walls. Can this exterior modification be made legally?
​
⇒ Can be modified legally.
  •  Change from mortar finish to mud wall 
⇒ The above exterior change can be classified as a structural modification for fire prevention purposes. 
​Eaves: I want to change the mortar-finished eaves to wood-finished eaves. Can this exterior modification be made legally?
​​⇒ Can be modified legally.
  • Change from mortar finish to eaves with rafters. 
⇒ The above exterior change can be classified as a structural modification for fire prevention purposes. ​
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Before the maintenance of the exterior
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After the maintenance of the exterior
The exterior of the building on the street side can be modified without the retroactive application of the Building Standard Law if the area is less than half of the entire exterior wall area.
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Before the maintenance of the exterior (Mortar exterior wall)
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After the maintenance of the exterior (Earthen wall)
There are specifications for fireproof construction of earthen walls and eaves lining that make use of the design of Kyo-Machiya houses. The earthen walls and eaves lining can be made fireproof by using the specifications designated by the Ministry of Land, Infrastructure, Transport and Tourism or those approved by the Minister of Land, Infrastructure, Transport and Tourism. 

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10/15/2021

The Maintenance of the Exterior of Kyo-Machiya Houses (Q&A)

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Q: Can the Exterior Be Legally Maintained?

Research on fire prevention to preserve traditional designs has made it possible to renovate buildings in a way that makes use of traditional designs.
This section will introduce the methods used to legally improve the appearance of the building. 
*​If the exterior improvement falls under the category of large-scale repair or large-scale redecoration, renovation work may be required for areas other than the exterior improvement due to the retroactive application of the Building Standards Law. 

A: ​Exterior Maintenance Can Be Done Legally.

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​Wall: I want to change my mortar walls to mud walls. Can this exterior modification be made legally?
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⇒ Can be modified legally.
  •  Change from mortar finish to mud wall 
⇒ The above exterior change can be classified as a structural modification for fire prevention purposes. 
For details, please refer to "Exterior Modifications Are within the Legal Framework: Wall & Eaves"

Eaves: I want to change the mortar-finished eaves to wood-finished eaves. Can this exterior modification be made legally?
Picture
​​⇒ Can be modified legally.
  • Change from mortar finish to eaves with rafters. 
⇒ The above exterior change can be classified as a structural modification for fire prevention purposes. 
For details, please refer to "Exterior Modifications Are within the Legal Framework: Wall & Eaves"

Building Fixtures: I want to make the fittings of the fire prevention equipment look like wooden fittings. Can this exterior modification be made legally?
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​⇒ Can be modified legally.
  • Putting up wood on the fire prevention equipment of the notified specifications 
⇒ The above appearance change does not interfere with the use of the fire prevention equipment. 
For details, please refer to "Exterior Modifications Are within the Legal Framework: Building Fixtures & Fittings"

Wooden Lattice: I want to install a wooden lattice on the outside of the fittings of the fire prevention equipment. Can this exterior modification be made legally?
Picture
⇒ Can be modified legally.
  • Installation of a wooden lattice on the outside of fire protection equipment 
⇒ The above appearance change does not interfere with the use of the fire prevention equipment.
For details, please refer to "Exterior Modifications Are within the Legal Framework: Building Fixtures & Fittings"​

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10/14/2021

Q&A-Repairing Columns and Beams

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Repairs & Renovation of Kyo-Machiya Houses (Q&A)

Pillars &Beams:
The pillars around the sink might be decaying. If they are, I want to replace them, but can I legally repair them? ​
⇒ Can be repaired legally. 
* Repair of half or less of columns and beams 
​
⇒ The above repair is not subject to retroactive application of the Building Standard Law. ​
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After reinforcing the beam 
Columns and beams can be reinforced within the legal framework. Reinforcing columns and beams with supporting columns and beams is not subject to retroactive application of the Building Standard Law. 
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Before repairing the column 
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After repairing the column
Partial repairs of columns and beams can be made within the legal framework. Repairs of less than half of the columns and beams (columns are counted for each floor) is not subject to retroactive application of the Building Standard Law. 
Note: If major structural components such as columns and beams have deteriorated due to mite damage or decay,  repairing these components and making them sound will improve earthquake resistance. 

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10/11/2021

Q&A-Installing Stairs

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Repairs & Renovation of Kyo-Machiya Houses (Q&A)

Stairs: 
The slope of the stairs is steep and unsafe, so I want to make the slope moderate, but can I do it legally? ​
⇒ Can be installed legally. 
* Installation of stairs
⇒ The above modification is not subject to retroactive application of the Building Standard Law. 
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Box stairs or stairs with a steep slope
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Stairs with a gentle slope that comply with current standards
 It is desirable to replace stairs with a steep slope in Kyo-Machiya houses with those with a gentle slope to ensure the residents' safety. 
In light of the purpose of the Building Standards Law, the replacement of steep stairs that existed prior to the enforcement of the law with those that conform to the current standards (except for cases that fall under the category of expansion) will be treated as an act that is not subject to retroactive application. 

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10/10/2021

Q&A-Repairing the Walls

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Repairs & Renovation of Kyo-Machiya Houses (Q&A)

⇒ Can be repaired legally. 
* Repainting of rough walls 
* Repairs to the substrate (Komai bamboo) (less than half of the wall area) 
​
⇒ The above repairs are not subject to retroactive application of the Building Standard Law. 
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Before repairing the wall
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During the repair of the wall
The repair (restoration) of earth plaster walls does not constitute a large-scale repair and is not subject to retroactive application of the Building Standard Law. ​
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Structurally important parts of the main structure ​
*Finish (plaster, etc.) ​
*Komai bamboo 
*Piercing 
*Rough wall 
*Middle coating 
Repainting rough walls, etc., leaving the Komai bamboo in place does not constitute a large-scale repair and is not subject to the retroactive application of the Building Standards Law, as it is considered a repair of parts of the components of the wall. 
Finish (plaster, etc.) ​
Note: Fire safety can be improved by making use of the design of the Kyo-Machiya to create a fire-resistant exterior wall.

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Real Estate agent in Kyoto, Buy and Sell, Leasing, Renovation and Construction, Management for Investment and Vacation Property, Professional Services for International Customers. We deal in KyoMachiya houses, detached and attached Houses, new and old Condominium Apartments, Block of Apartments and Buildings for Commercial, Residential and Investments use, Manage and Support Operation and New Development of Guesthouse, Ryokan and Hotel, Total Supports for Land and Buildings Real Estate in Kyoto.
Yours sincerely, Founder Ken Hayashi
Real Estate Broker Company License No. Kyoto-Fu Governor ( 1 ) 14044 , ​Member of Kyoto Association of Residential Land Building Business
  • Home
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