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7/2/2021

Major provisions of the Building Standards Act for Guesthouse in Kyoto

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Major provisions of the Building Standards Act applicable to accommodation facilities under the Hotel Business Law

For those who are planning to open an accommodation facility based on the Ryokan Business Act
In order to operate a lodging facility (hotel, inn, guesthouse, etc.) based on the Ryokan Business Act, the building in which the business is planned to be conducted must meet the structural and equipment standards stipulated in the Ryokan Business Act and the Fire Service Act. The Building Standards Act stipulates the zoning districts in which lodging facilities (including entrance halls outside facilities) can operate.  ​Kyoto city ask that you confirm the zoning of the property before considering it, as follows.
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< Regulations Other than Zoning >
When changing the use of an existing building and using it as a lodging facility, even if no building permit is required (e.g., area less than 200m², not involving expansion, renovation, or major repair or redecoration), it is necessary to comply with various provisions of the Building Standards Act. Please refer to the following main provisions of the Building Standards Act for the details of the regulations. ​In addition, before using the facility as a lodging facility, it is necessary to complete the necessary procedures based on the Barrier Free Ordinance. 
Major provisions of the Building Standards Act applicable to accommodation facilities under the Hotel Business Law
 - As a general rule, buildings on alley-shaped site* (see explanation below) cannot be changed to inns. 
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 - If the existing building does not conform to the provisions of the Building Standard Act, it is necessary to change the use of the building after the illegal part is removed.
 - In principle, the building must be fireproof when changing the use of the third floor or more to an inn. Even if the building is not a fireproof building (limited to 3 stories and less than 200m² in total area), it is necessary to install a pit compartment and alarm system.
*An automatic fire alarm system or an automatic fire alarm system for specified small facilities with a receiver is required. This is not a residential fire alarm system.
​**Linen rooms and employee offices are also "ryokan uses".
 - If there is fire use, ventilation equipment must be installed.
 - Emergency lighting must be installed. 
 - The site passage (passage from the exit of the building to the road, etc.) must be 1.5m or more (From April 2020, 0.9m or more for buildings with 3 or less floors and a total floor area of less than 200m²).
 - The width of alleys, etc. must be at least 1.5m regardless of the size of the building, as in the past, for buildings to be used as accommodation facilities in accordance with the provisions of 9-67 of the Kyoto City Building Law Handbook.
 - For rooms without windows, the walls, etc. that separate the rooms must be made of fireproof or noncombustible materials. 
* ​In addition to guest rooms, rest rooms and kitchens are also "rooms".
 - In the case of a change of use of a row of buildings (attached houses) to an inn (including a partial change of use), the boundary wall between the row of buildings and the inn shall be a partition wall for fire prevention. It is necessary to use a wall of quasi-fireproof construction and compartmentalize it to the shed or ceiling.
 - In addition, depending on the floor area and other factors, it may be necessary to install two or more direct staircases, smoke exhaustion equipment, interior restrictions, etc.
 - If the building is to be expanded, remodeled, repaired, or redecorated, it must also comply with road access and structural regulations. 
 - There are cases where procedures based on the Building Standards Act are required even when only renovations are to be done.
Confirming whether or not a building complies with the Building Standards Act requires specialized knowledge. Even if you do not need to apply for a building permit, , if necessary, please consult with an architect or other professional to ensure that your plans and construction are carried out legally. 
The responsibility for using a building in violation of the law lies with the construction client (business) or building owner.
Supplement for ​those who are planning to open an accommodation facility based on the Ryokan Business Act
For inns with three floors and a total area of less than 200 m². 
1 Overview
​ With the enforcement of the revised Building Standards Act in June 2019, buildings with three floors and a total floor area of less than 200m² can be used as inns, etc., without having to be fireproof buildings, provided that alarm systems and certain compartments are installed. 
2 Precautions (*Please be sure to check the following.
​ In the case of a change of use of 200m² or less (not involving expansion, renovation, or large-scale repair), no application for building certification is required. However, due to the change of use, the provisions of the Building Standards Act will apply, and it will be necessary to comply with various regulations.  
Specialized knowledge is required to investigate whether or not these buildings comply with the Building Standards Act. ​Even if you do not need to apply for a building permit, please be sure to consult with an architect or other specialist before legally carrying out any planning or construction work. ​The responsibility for using a building in violation of the law lies with the construction client (business) or building owner.
3 Necessary actions
 ​(1) Alarm system 
An automatic fire alarm system or an automatic fire alarm system for specified small facilities with a receiver is required. This is not a residential fire alarm system.
 (2) Pit compartment
 a. Overview 
  The stairs and other parts of the building must be separated by partition walls and doors. 
 b. Form of stairs
   The staircase must be a "direct staircase" and the stairs from the third floor to the first floor must be connected without interruption. It is not possible to pass through the living room on the way, nor is it possible to have a door.
 c.  "Partition walls" and "Doors"
  The Ministry of Land, Infrastructure, Transport and Tourism (MLIT) gives the following examples in their explanation
    Partition walls: Partition walls with plasterboard of 9.5 mm or more in thickness on both sides
    Door: Flush door (with self-closing mechanism and smoke blocking performance, etc.) 
     * ​You cannot use fusuma, shoji, walls made of plywood of about 3 mm thick, or doors made of plain glass.
Examples of non-direct staircases and their responses
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1/8/2021

Standards for Structural Facilities of Inns and Hotels

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Standards for Structural Facilities of Inns and Hotels

1 Definition of terms

Hotel and Inn business
​旅 館 ・ ホ テ ル 営 業 
Business of setting up facilities, receiving lodging fees, and lodging people, other than the Budget Hotel business and lodging business
Budget Hotel business
​簡 易 宿 所 営 業 
Business, other than lodging business, in which a facility is established in which the place for lodging is mainly a structure and equipment shared by many people, and in which people are lodged for an accommodation charge. 
Guest room
客 室
Places that can be used by guests for sleeping, resting, etc. (bathrooms, lavatories, washrooms, wooden floors, steps, etc. attached to guest rooms, excluding alcoves, closets, common corridors, and similar places)
Bedroom
寝 室 
Places in a guest room that are not bathrooms, lavatories, or other places unsuitable for sleeping or resting. 

2 Standards for structural facilities by industry

-
Hotel and Inn business
Budget Hotel business
Compartmentalization with other business uses
- Clearly separate inns from dwelling units within a building. 
- The structure of the room shall be such that there is no part of the room shared by guests and residents of the unit.
- In the building, inns shall be clearly separated from other business facilities and dwelling units.
- ​The structure of the building shall be such that there are no areas that are shared by guests and residents of the dwelling unit. 
Entrance Reception Counter
As shown in the pattern of "3 Management System for Inns and Hotels. 
As shown in the pattern of "3 Management System for Inns and Hotels. 
Lobby
- An entrance and lobby where guests and other persons who intend to use the facility can freely enter and exit shall be provided.
- The lobby shall be large enough to accommodate the size of the facility.
- ​The lobby shall be equipped with chairs, tables, etc., so that guests can meet or talk without interfering with the handling of guests, etc. at the entrance reception counter, guidance within the facility, passage, or movement. 
-
Guest room
​​Number of rooms
No provisions 
The number of guest rooms accommodating two or more persons shall exceed one-half of the total number of guest rooms.
Guest room
Structure​
- Except for entrances and exits and windows, the boundary between a guest room and other guest rooms and facilities other than guest rooms shall be a wall or a wooden door, fusuma, or other similar item (limited to fixed items).
- Entrances and exits and windows shall be able to be locked. 
- ​Facilities that can block the view of the inside from the outside of the room shall be provided. 
- Except for windows, the boundary between a guest room and other guest rooms or facilities other than guest rooms shall be separated by a wall or a wooden door, fusuma, or other similar item (limited to fixed items).
- Windows shall be locked.
- Facilities that can block the view from the outside of the room to the inside shall be provided. 
Guest room
Floor Area​
Bedroom set up : 9㎡ or more/room 

Non-bedroom setup : 7㎡ or more/room
33㎡ or more
* ​However, when the number of guests is less than 10, the area shall be at least the area obtained by multiplying 3.3 square meters by the number of guests.
Guest room
Capacity
- Dormitory use: 4.5㎡ or more/guest
- Japanese Futon bedding use: 3.3㎡ or more/guest
- Dormitory use: 4.5㎡ or more/guest
- Japanese Futon bedding use: 3.3㎡ or more/guest
- Tiered bedding: 2.25m² or more/guest
Guest room
​Windows and other openings
The size of the opening shall be at least one-eighth of the floor area of the room. 
The size of the opening shall be at least one-eighth of the floor area of the room. 
Bathing facilities, washrooms, and lavatories
As described in "4 Common Standards.
As described in "4 Common Standards.
Ventilation equipment, etc. 
Appropriate ventilation, solar lighting, electric lighting, moisture-proofing, and drainage facilities shall be provided.
Appropriate ventilation, solar lighting, electric lighting, moisture-proofing, and drainage facilities shall be provided.
Other
In the case that the facility is located within an area of approximately 100 m around the site (including the planned site) of a school, etc., the facility shall be equipped the block for the view of the inside of the facility such as guest room, a hall for entertaining customers and allowing them to entertain themselves, eat and drink, and other facilities.
-

3 Management System for Inns and Hotel Facilities 

< Definition of terms >
●Administrators
The person in charge of the system to respond appropriately and promptly to complaints and inquiries from residents, etc. and emergency situations.
●Employees, etc.
Employees and other workers of a business operator
●Small-scale lodging facilities
A facility that operates a budget hotel business and has the following requirements
- The building in which the facility is located must be (1) a single-family house or row house, (2) have three or lower floors, and (3) have a structure in which no part is used for common use by guests and persons other than guests. 
- The number of guest rooms must be one. 
- Those that make all of their facilities available for use by guests. 
- ​The number of guests shall be limited to one group consisting of nine or fewer guests per stay. 

Hotel and Inn business

(1) When installing an entrance reception counter
Main standards for structural equipment
① A reception counter shall be installed in a location where room users must pass through and where their entry and exit can be seen. 
② The reception counter shall be equipped with a reception table at a height that does not interfere with reception.
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Management system
- The business operator shall appoint a manager.
- The operator or employee, etc. shall remain inside the facility, such as the entrance hall, while accommodating people. 
​- ​The operator shall confirm the identity and number of guests and hand over the keys to them by interviewing them inside the facility.
(2) In the case of installing an alternative Reception Counter facility
Main standards for structural equipment
① A video camera, etc. shall be installed in a place where the status of guests entering and leaving the facility can be checked at all times. 
② A video phone, tablet terminal, etc. shall be installed where the face and passport of a guest can be clearly confirmed by images. 
③ ​A room shall be provided in the facility where the images described in (1) can be checked at all times, and where the identity of guests, the number of guests, and the keys can be confirmed by using (2). 
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Management system
- The business operator shall appoint a manager.
- The operator or employee, etc. shall be stationed in the room indicated in (3) above while accommodating people. ​
​- ​The operator shall use an alternative reception counter inside the facility to confirm the identity and number of guests, and hand over the keys in a manner equivalent to an interview.​

Budget Hotel business

(1) When installing an entrance reception counter
Main standards for structural equipment
① A reception counter shall be installed in a location where room users must pass through and where their entry and exit can be seen. 
② The reception counter shall be equipped with a reception table at a height that does not interfere with reception.
③ 
Efforts shall be made to provide lavatories, etc. that can be used by employees, etc. in the facility. ​
Picture
Management system
- The operator or employees, etc. shall be stationed inside the facility while accommodating people. 
​- ​The operator shall confirm the identity and number of guests and hand over the keys to them by interviewing them inside the facility.
(2) In the case of installing an alternative Reception Counter facility
Conditions
​Small-scale accommodation facilities that conform to the following structural and equipment standards 
Main standards for structural equipment
●Accommodations
① Installation of locks at the entrances and exits of the facility 
② Install telephones and other equipment 
③ Install equipment to check the status of people entering and leaving the facility 
●Alternative Reception Counter facility
④ To be located in a place where it is possible to reach the accommodation within 10 minutes (approximately within 800m by road). 
⑤ Compartmentalization with other business uses and dwelling units 
⑥ Pay attention to the handling of personal information
⑦ Confirmation by ③ shall be performed at all times. 
⑧ Marking of the entrance to the Alternative Reception Counter facility
●Place of residence of the employer, etc.
⑨ The location should be within 10 minutes from the lodging facility (approximately 800 meters by road).
⑩ No special structural facilities are required, but it should be possible to stay for a long time.
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Management system
- The operator shall confirm the identity of guests, the number of guests, and hand over the key by interviewing them in the Alternative Reception Counter facility. 
- While accommodating people, the operator or employee, etc. shall be stationed at the Alternative Reception Counter facility and shall check the entry and exit of people at all times.
​- ​The operator or employee, etc. shall be stationed at a place where people can reach the accommodation within 10 minutes (approximately within 800 meters by road) while accommodating people. 
- The number of facilities that can be managed by an employee, etc. in charge of emergency response is limited to five facilities per person. 
- ​When the employee in charge of emergency response is stationed at the alternative reception counter facility, another person should be stationed there to check guests in and out. 
(3) Utilizing a Kyo-Machiya House
Conditions
Small-scale lodging facilities and those that are Kyo-machiya as defined in the Kyomachiya ordinance.​
Main standards for structural equipment
●Accommodations
① Take measures to be able to check the status of people entering and leaving the facility.
●Place of residence of the employer, etc.
② The location should be within 10 minutes from the lodging facility (approximately 800 meters by road).
③ To be able to stay for a long time.
Picture
Management system
- The operator shall confirm the identity and number of guests and hand over the key by interviewing them in the facility. 
​- ​The operator or employee, etc. shall be stationed at a place where people can reach the accommodation within 10 minutes (approximately within 800 meters by road) while accommodating people. 
- The number of facilities that can be managed by an employee, etc. in charge of emergency response is limited to five facilities per person. ​

4 Common Criteria

(1) Reception Counter and Reception Table 
a. Plot and Area of Reception Counter ​
- The reception counter shall be clearly divided by a wall or a fixed reception stand, and its area shall be 2.00 ㎡ or more. 
- The area of the reception counter shall be the contiguous portion of the floor inside the reception counter whose vertical length from the floor to the ceiling is not less than 1.80 m (However, this shall not apply to the underside of the reception desk), and the horizontal length of the said area shall be no less than 0.60m. 
Picture
Picture
Area of Reception Counter:1.60×1.50-0.40×0.50-0.30×0.50=2.05㎡ (≧2.00㎡ ) 
*area of A 0.40×0.50 and are of post 0.30×0.50
b. Location of the Reception Table 
- The reception table shall be installed perpendicular to the side where the opening exists and parallel to the floor where the reception counter exists.  (However, this shall not apply if the floor surface has a slope.)
- The reception table shall be firmly fixed in the specified place. 
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c. Shape of the reception table
- The size of the reception table shall be 1.00 m or more in width and 0.30 m or more in depth. 
However, it may be 0.60 m or more in width for facilities with a capacity of 9 persons or less. 
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d. Opening part
- The horizontal length of the portion with a vertical length of 1.10 m or more from the lower end of the opening to the upper end shall be 1.00 m or more. (If the upper edge of the upper surface of the reception table is above the lower edge of the opening, the upper edge of the upper surface of the reception table shall be regarded as the lower edge of the opening.) However, in the case of a facility with a capacity of 9 or less, the horizontal length may be 0.60 m or more.
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(2) Guest room
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(3) Bathing facilities
< Definition of Terms >
●Shared bathing facilities
Bathing facilities outside guest rooms
●Bathing facilities for one person
​A bathing facility used by one person, such as a unit bath (UB) or unit shower (US). However, so-called "3-point units" are treated as unit showers.   
●Number of users of shared bathing facilities
Number of people allowed to use shared bathing facilities 
< The Basic Idea behind the Size Requirement >
●Bathing facilities for one person
10 people, or 1 or more for every fraction
●Bathing facilities that can be used by many people at the same time
Bathtub size - Total area = Number of users of shared bathing facilities*¹ ×0.5*² ×0.5*³ ×0.5*⁴ or more
Scale of Washing area - Total area = Number of users of shared bathing facilities*¹ ×0.5*² ×0.5*³ ×1.1*⁵ or more
Number of hot water faucets - Sum of the Pieces = Number of users of shared bathing facilities*¹ ×0.5*² ×0.5*³ or more
 
*¹ In the case of shared bathing facilities, it is desirable to calculate the number of users of shared bathing facilities by adding (total capacity - number of users of shared bathing facilities) × 0.5 (utilization ratio) to the number of users.
*² 
Percentage of bathers at the time of day with the highest number of bathers
*³ 
Ratio of people who use the bathtub to those who use the washing area
*⁴ 
Area of bathtub used per bathing person
*⁵ 
Washing area used per bathing person​
When bathing facilities are installed in the guest room
- A single-person bathing facility (UB, in principle) shall be provided according to the capacity of the guest room.  
(e.g.) If the capacity is 10 persons or less, at least one UB shall be provided.
- ​Provide bathing facilities that can be used by a large number of people according to the room capacity.
When shared bathing facilities are installed
- There shall be at least one common bathing facility for each gender. 
- Single-person bathing facilities shall be provided in proportion to the number of users of shared bathing facilities.
(e.g.) If the number of users of a shared bathing facility is 20 or less, at least two bathing facilities for one person, one for men and one for women, shall be installed. However, if there is only one user of the shared bathing facility, one location is acceptable. In the case where a UB is installed, if the number of users of the shared bathing facility is 10 or less, one UB may be installed according to the previous example. 
- ​Provide bathing facilities that can be used by a large number of people according to the number of users of the shared bathing facilities. 
(4) ​Washing facilities
Capacity
Water Faucets for Wash Basins
 1 to 5 guests
1
 6 to 10 guests
2
 11 to 15 guests
3
 16 to 20 guests
4
 21 to 25 guests
5
 26 to 30 guests
6
Over 30 guests
6 Water Faucets up to 30 guests, and 1 for every 10 guests or their fractions over 30 guests
(6) Lavatory
Capacity
Number of Toilet
 1 to 5 guests
1
 6 to 10 guests
2
 11 to 15 guests
3
 16 to 20 guests
4
 21 to 25 guests
5
 26 to 30 guests
6
 31 to 300 guests
6 Toilets up to 30 guests, and 1 for every 10 guests or their fractions over 30 guests.
Over 300 guests
33 Toilets up to 300 guests, and 1 for every 20 guests or their fractions over 300 guests.
If the number of toilets in the guest room is insufficient for the capacity, a shared toilet with the number of toilets corresponding to the shortage shall be provided on each floor. However, if the number of toilets on the floor cannot be accommodated by 5 or less, even if the number of toilets on the floor is insufficient, it is sufficient that the number of toilets that can accommodate the total number of users of the shared toilet on the floor and the adjacent floor is installed in the shared toilet on the adjacent floor.​

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6/15/2020

Changes in the number of hotels in Kyoto

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Today, we would like to explain the changes in the number of permits for Ryokan/Hotel industries and Private Lodging(AirBnb) in Kyoto, which we accidentally investigated.
Currently, there are no foreign tourists due to the COVID-19.  The number of foreign tourists visiting Japan in April, which had been announced by the Japan National Tourism Organization (JNTO), decreased by 99.9% compared to the same month last year, and the total number of foreign guests staying in Kyoto in April decreased by 99.7% compared to last year. Even if it includes domestic customers, it is a 95.7% decrease, which is a difficult situation. 
It became a popular travel city until last year, and many hotels were constructed or converted in parallel. We will share information together to understand the current state of such buildings.
First of all, the ryokan business method is divided into  the hotel business, the ryokan business, the budget hotel business, and the lodging business. Please check with the following criteria.
●the hotel/ryokan business
Business that establishes facilities and receives people for accommodation, other than the budget hotel and the lodging.
●the budget hotel business
It is a business other than the lodging business, and is a business that mainly accommodates people with lodging charges, with facilities mainly composed of structures and facilities to share the lodgings
●the lodging business
Business that establishes facilities and receives people for a period of 1 month or more to accommodate people
Structural facility standards for the budget hotel business and the hotel/ryokan business
the budget hotel business the hotel/ryokan business
Floor area of guest room
Total floor area
33㎡ or more
If the number of guests is less than 10, the area
obtained by multiplying 3.3㎡ by the number of the guests.
7㎡ or more/room
If there is a sleeper, 9㎡ or more/room
Reception desk It shall be desirable to provide a suitably sized entryway, entrance bookkeeper or front desk and similar facilities.
(In some cases, this is standardized by regulation.)
Have an entrance hall (front) or alternative equipment for entrance halls suitable for interviews with those who are going to stay
Bathing equipment Must have a bath facility of an appropriate size unless there is a public bath nearby that does not interfere with bathing.
Ventilating facilities Appropriate ventilation, daylighting, lighting, moisture-proof and drainage facilities
Other Comply with the standards for structural equipment established by the prefecture (in the case of a city or special ward where a health center is installed, the city or special ward)
The following is the transition data for the number of permitted facilities such as the number of hotels and guest rooms in Kyoto City.​
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In addition, the following is the data on the status of correspondence with the registration reception desk of the private lodging business.
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On the other hand, there was data on the number of consultations for reporting/opening the private lodgings.
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In fact, in addition to the above data, there were surveys of facilities suspected of unauthorized business. If you are worried about such numbers, please check once.

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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
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      • (1) Laws Concerning Land Use
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        • Idea of Lease Agreement
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