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10/2/2021

Outer Wall Setback, Daylight Regulations, Area Usage and Regional Planning

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6 Outer Wall Setback (Building Standards Act: ​Article 54)

In the 1st and 2nd class low-rise residential areas, the distance from the exterior wall of the building to the property line ("exterior wall setback distance") may be set at 1.5m or 1m by city planning.

7 Daylight Regulations (Building Standards Act: ​Article 56-2)

(1) Buildings located in areas designated by local government ordinances shall not create shaded areas within a certain distance from the property line for more than a specified period of time (2 to 5 hours) between 8:00 a.m. and 4:00 p.m. on the winter solstice.
(2) The shaded area is calculated at the height specified by the local government (1.5m, 4m, or 6.5m).
(3) Restricted buildings are those exceeding 7 m in eaves height or 3 or more stories above ground in the 1st and 2nd low-rise residential areas, and those exceeding 10 m in height in other areas. ​In areas with no zoning designation, the local government will assign one or the other.
(4) ​When shading occurs over areas with different restrictions, each of the restrictions for each area where shading occurs must be met.
  • ​Even if the building is outside the area designated by the ordinance, the restriction is determined by the area where the shading occurs.

8 Restrictions on Use by Zoning District ​(Building Standards Act: ​Article 48 Table 2)

(1) There are three types of city planning areas: urbanized areas, urbanization control areas, and areas without zoning. In these areas, 12 different zoning districts may be defined. ​Each zoning district or area without this designation defines the uses of buildings that can (or cannot) be built.
(2) ​In principle, no buildings can be built in the urbanization control area. ​However, there are some exceptions to this rule, such as when development permission based on the City Planning Law is obtained.
(3) ​If the property is located in more than one zoning district, the restrictions of the district to which the majority of the land area belongs will be applied.

9 Restrictions due to Regional Zoning, etc. (Building Standards Act: ​Article 68-2 and 70)

(1) ​For 2-6 and 8, please note that in areas such as district plans determined based on the City Planning Law, restrictions may be added by ordinance according to the characteristics of the area.
(2) Some areas have agreements (building agreements) regarding standards for the building site, location, structure, use, form, design, or building equipment.

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10/1/2021

Minimum Land Area & Height Limit

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Minimum Land Area (Building Standards Act: Article 53-2)

If the city plan stipulates a minimum land area for a building, no building can be built unless the area exceeds that limit. ​However, this does not apply to land areas that were below the minimum before the restriction was imposed.

Height Limit

5-1 Diagonal Line Restriction ​(Road, adjacent land, north side) (Article 56 of the Building Standards Act)
Specific restrictions are determined by the site's zoning and designated floor area ratio. There may be mitigation measures depending on the setback distance from the boundary line, the difference in elevation, and the surroundings (park, river, railroad tracks, etc.).
(1) Road Diagonal Restrictions
If the property borders a road (there is a road boundary line), the height will be restricted according to the distance from the boundary line on the other side of the road.
(2) Adjacent Land Diagonal Restrictions
If the site borders the neighboring land (there is a neighboring land boundary line), the height restriction will be applied according to the distance from the neighboring land boundary line. This does not apply to the 1st and 2nd class low-rise residential areas.
(3) North Side Diagonal Restrictions
Height restrictions are applied according to the distance in the north direction to the boundary line on the opposite side of the road or the boundary line of the neighboring land. This applies only to Class 1 and Class 2 low-rise residential areas and Class 1 and Class 2 high-rise residential areas where there are no sun-shading restrictions.
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Road Diagonal Restrictions
Adjacent Land Diagonal Restrictions
North Side Diagonal Restrictions
1st and 2nd Class Low-Rise Residential Area
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​1st and 2nd Class Low/Medium-Rise Residential Area
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1st/2nd Class and Quasi Residential Area
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Urban Commercial Area
​Commercial Area
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Quasi Industrial Area
Industrial Area
​Industrial-Use Only Area
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5-2 Absolute Height Restrictions (Article 55 of the Building Standards Act)
In the 1st and 2nd class low-rise residential areas, the height limit of buildings (10m or 12m) is set by city planning.
5-3 High Altitude Areas (Article 55 of the Building Standards Act)
The height of the building must conform to the requirements of the city plan for high altitude zones.
  • The restrictions vary from one local government to another, but in most cases, the restrictions are a combination of diagonal restrictions and absolute height restrictions, and mitigation measures, if any, are specified in the city plan.​

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9/30/2021

Building Coverage Ratio & Floor Area Ratio

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 2 Building Coverage Ratio (Building Standard Act: Article 53)

(1) ​The ratio of the horizontally projected area of a building to its land area (Building Area/Land Area) is called the building-to-land ratio, and its limit is set by city planning.
(2) If the land spans more than one area, the calculation is based on a weighted average according to the area ratio.
<Calculation Example>
In the case of a 100㎡ site with the building coverage ratios: 6/10 for 30㎡ and 4/10 for 70㎡
(30 X 6/10 + 70 X 4/10) X 1/100 = 0.46 → 46%
(3) Buildings that fall under any of the following categories are eligible to receive an increase in the building-to-land ratio.
  • Properties that meet the conditions specified by the specified administrative agency, such as a property located at the corner of a city block
  • Fire-resistant buildings in areas with a building-to-land ratio limit of less than 8/10 and in fire prevention zones

 3 Floor Area Ratio (Building Standard Act: Article 52)

(1) The ratio of the total floor area of a building to its land area (total floor area divided by land area) is called the "floor-area ratio," and its limit is set by city planning and other regulations.
(2) ​If the width of the road facing the property is less than 12 meters, the floor-area ratio will be limited to the smaller of the value obtained by multiplying the road width (m) by 4/10 or 6/10 and the value in (1) above.
(3) If the site extends over more than one area, the calculation is based on a weighted average according to the area ratio. (The calculation is the same as in 2(2).
(4) ​If there is a wide road (specified road) with a width of 15m or more within a distance of 70m from the site, and the width of the road facing the property is 6m or more (less than 12m), the floor area ratio (calculated according to the width of the road facing the property) can be increased.
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9/15/2021

Road

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1. Road (Building Standards Act: Article 42, 43,and 44)

(1) In principle, a building cannot be built unless the property is facing a road classified as such in accordance with the Building Standards Act (hereinafter referred to as the Act) for at least 2 meters in length.
  • Visit a local office of the specified administrative agency for more information on roads classified as such in accordance with the Act .
  •  Note that some of the public roads are NOT classified as roads as per the criteria of the Act.
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  • Note that depending on the use and scale of the building, the city ordinance might mandate that the property face a road for more than 2 meters. 
  • Even if the property does not face a road classified as such as per the Act, a building -- which will pose no  problem with regard to traffic, safety, fire prevention, and sanitation-- may be built by obtaining a permission from the specified administrative agency.
(2) As a general rule, roads 4 meters or less in width are not roads as per the Act. However, in case Chapter 3 of the Act applies, the following are recognized as roads in accordance with the Act: roads that are lined with buildings  and are designated by the specified administrative agency (so-called Section 2 Roads).
*As of November 23rd, 1950, when the Act was enacted, or at the time of incorporation into a city planning area or quasi-city planning area.
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Types of roads (at least 4 meters in width)
  • 1st Roads (Article 42 Clause 1 of the Act): Roads as per the Act
  • 2st Roads (Article 42 Clause 1 of the Act): Roads as per the City Planning Law and the Urban Land Readjustment Law
  • 3st Roads (Article 42 Clause 1 of the Act): Roads existing at the time when the provisions of Chapter 3 of the Act came into effect
  • 4th Roads (Article 42 Clause 1 of the Act): Roads with a project plan under the Road Act, City Planning Act, etc., which has been designated by the specified administrative agency as the plan scheduled to be executed within two years.
  • 5th Roads (Article 42 Clause 1 of the Act): Roads built for the purpose of using the land as a site for buildings without complying with the Road Act, City Planning Act, etc., which have been designated as such by the specified administrative agency.
  • Section 2 Roads (Article 42 Clause 1 of the Act): Refer to (2) above.

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3/17/2018

Urban Land Use Planning System in Japan

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Introduction of Urban Land Use Planning System in Japan

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Outline of Urban Land Use Planning System

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Area Division system

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Land Use Zones

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Land Use Zone and Building Regulation

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Incentive Systems for Excellent Projects

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District Plan

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Master Plan for City Planning
​Procedure for Approval of City Plans

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3/17/2018

Law on the Maintenance and Improvement of Historic Landscape in a Community

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3/17/2018

Outline of the Landscape Act (enacted in 2004)

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​Jp
CN

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 >
      • Real Right and Credit
      • Rights to the land and Rights to the building
    • the Building Lots and Buildings Transaction Business Act >
      • Laws Related to Real Estate Transaction in Japan
      • (1) Laws Concerning Land Use
      • (2) Laws Concerning Construction of Buildings
      • (3) Laws Regulating Real Estate Companies
      • (4) Laws and Regulations Concerning Advertisement
      • (5) Laws Concerning Contracts Including Sales Contracts and Lease Contracts
      • (6) Laws concerning Titles and Rights
      • (7) Laws Concerning Real Property Registration
      • (8) Laws Concerning Condominium Management
      • (9) Laws Concerning Defects (Faults, etc.) of Housing Properties
    • How to and Procedures >
      • Process of Real Estate Sale
      • Process of Real Estate Purchase >
        • the Process of Buying a House
        • Housing Prices
        • the Living Environment
        • the Budget
        • Find a Home
        • Choosing a Real Estate Agency
        • Financial Planning and Mortgage
        • Making the Final Decision to Purchase
        • Concluding a Sales Contract
        • Delivery of the Property
      • Cost by Transaction
      • Important Points Explanation
      • Real Estate Sales Contract
      • Property Condition Confirmation
      • Facilities and Equipment List
    • Building Management >
      • Process of Residential Property Management
      • Process of Real Estate Leasing >
        • Idea of Lease Agreement
      • Process of Vacation Home Management
    • Related Acts
    • Glossary >
      • Real Estate Glossary in Japan
    • Tax in Japan >
      • Consumption Tax
      • Property Tax
      • Capital Gain Tax
      • Withholding Tax
      • Taxes on Gifts and Inheritances
    • Q&A >
      • Q&A
  • Local
    • Learning
  • Latest Information
    • Latest News
    • We Love Kyoto
  • Column
  • About Us
    • Records
    • Partners
    • Cookie Notice
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  • Contact