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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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8/20/2020

the Inns and Hotels Act, the National Strategic Special Zones Act, and the Private Lodging Business Act

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What is "Private Lodging"?

Following yesterday, we will explain about Private Lodging in Japan. Below is a comparison table, so please check what is different according to each act.
Although "Private Lodging" is not defined clearly in the laws and regulations, it refers to the provision of accommodation service to travelers and other users by utilizing all or part of housing (condominiums, including detached housing and apartments) is generally called "Private Lodging." In recent years, there has been a rapid development of businesses matching those who want to lend a vacant room for a short period via the Internet with those who hope to find accommodation.

Expectations for Private Lodging are also rising in Japan as well, from the viewpoint of community activation, such as responding to the various lodging needs of the rapidly increasing numbers of international visitors to Japan, and effectively utilizing the increasing number of vacant houses due to an aging society with fewer children.

On the other hand, since there are people conducting Private Lodging without approval, though they fall under the hotel business that requires approval under the Inns and Hotels Act, it is necessary to handle these situations by setting rules, giving consideration to the securement of public health, such as to prevent the spread of infectious diseases, and to prevent trouble with community residents.

Based on these issues, the Private Lodging Business Act (Act No. 65 of 2017) has become effective in June 2017 for disseminating proper Private Lodging services under certain rules.

Starting with the enforcement of the Private Lodging Business Act from June 2018, those who conduct Private Lodging in Japan need to select a method from the following.
1.Obtain permission in respect to the Inns and Hotels Act (Act No. 138 of 1948)
2.Obtain authorization in respect to the National Strategic Special Zones Act (Act No. 107 of 2013) (Special Zone Private Lodging)
3.Register in respect to the Private Lodging Business Act

Comparison of the overview on these systems is as follows.
-
Inns and Hotels Act
(Simple Lodging)
National Strategic Special Zones Act
(portion related to Special Zone Private Lodging)
Private Lodging Business Act
Appropriate Ministries and Agencies
Ministry of Health, Labour and Welfare (MHLW)
Cabinet Office
(Ministry of Health, Labour and Welfare (MHLW))
Ministry of Land, Infrastructure, Transport and Tourism (MLIT)
Ministry of Health, Labour and Welfare (MHLW)
Japan Tourism Agency
Permission, approval, etc.
Permission
Authorization
Registration
Operation in residential areas
Not available
Available
(There may be restrictions for each registering municipality)
Available
May be limited by ordinances
Limitation on days of operation
No limitation
Subject to 2-night/3-day stay or longer
(The minimum days will be set forth in ordinances, but the annual maximum operation days are not set)
Annual number of days provided are within 180 days
(Implementation term may be limited by ordinance)
Obligation to create and store a Lodgers' Registry Book
Required
Required
Required
Obligation to install an entryway
(structural standard)
Not required
Not required
Not required
Minimum floor space: secure minimum floor space (3.3㎡/lodger)
Minimum floor space required
(33㎡. However, 3.3㎡/lodger, if less than 10 lodgers)
25㎡ or more per room, in principle
Minimum floor space required
(3.3㎡/lodger)
Hygiene measures
Measures on ventilation, daylight, illumination, dehumidification, cleanliness, etc.
Measures on ventilation, daylight, illumination, dehumidification, cleanliness, etc. and provision of clean room upon the start of use
Measures on ventilation, dehumidification, cleanliness, periodic cleaning, etc.
Obligation to take measures to secure safety, including emergency lighting equipment
Required
Required
Not required for facilities for 6-night/7-day stay or longer
Required
Not required for facilities with small lodging room area where the house owner lives on the premises
Installation of fire protection equipment, etc.
Required
Required
Required
Not required for facilities with small lodging room area where the house owner lives on the premises
Measures to prevent trouble with neighboring residents
Not required
Required
(proper explanation to the neighboring residents, system and method for appropriately responding to complaints and inquiries, and securing contact information)
Required
(Obligation to provide explanation to Lodgers, obligation to respond to complaints)
Outsourcing business to a manager upon absence
Not regulated
Not regulated
Regulated
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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
  • Study
    • Rights of Property >
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      • (2) Laws Concerning Construction of Buildings
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        • Idea of Lease Agreement
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      • Real Estate Glossary in Japan
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