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Permission, authorization by regulations of Building Standard Act Article 43 Paragraph 2

Permission by regulations of old law Article 43 proviso

Last update date July 21, 2020

※Please consult with city area Building Control Section building authorization responsible (Phone: 045-671-4510) about concrete plan to affect permission, authorization.

What's New

Permission, authorized guidance (January, 2020 version) by regulations of Building Standard Act Article 43 Paragraph 2

Revised history

 With revisions of Building Standard Act, it revised permission standard. In addition, with revisions of permission standard, it revised changes such as figures of commentary sentence, commentary, other indispensability about information for permission, authorization.

A December 14, 2018 permission standard revision, the enforcement, permission, notice revision of authorization, the enforcement

 With revisions of Building Standard Act, it revised permission standard. In addition, with revisions of permission standard, it revised changes such as figures of commentary sentence, commentary, other indispensability about information for permission, authorization.

The September 25, 2018 authorized standard development, enforcement

 As recognition system was founded by revision of Building Standard Act, we devised standard to affect authorization.

A September 25, 2018 permission standard revision, the enforcement

 Because recognition system was founded by revision of Building Standard Act, it revised indispensability.

April 1, 2017 some revisions

 With reorganization of Housing and Architecture Bureau, we changed section names.

June 1, 2015 some revisions

 With part of Building Standard Act revision, we changed style of permission application.

April 1, 2015 revision, the enforcement

 It revised changes such as figures of commentary sentence, commentary accompanied with revision of permission standard, other indispensability.

With permission, authorization by regulations of law Article 43 Paragraph 2

 In Building Standard Act, site of building must contact with road of Building Standard Act 2m or more by all means. However, site that does not apply to these regulations for various reasons actually exists.
 Even if it is such a site, the mayor comes to be able to perform construction about thing which we recognize and admit and authorized which does not have problem in in fire prevention and hygiene in security in traffic. This is called permission, authorization that regulations of Building Standard Act Article 43 Paragraph 2 depend on.
 In addition, agreement of building examination committee is necessary in permission. In authorization, agreement of building examination committee is unnecessary.

Authorized standard by regulations of the law Article 43 Paragraph 2 first

  As for the standard that the mayor admits that there is not trouble in in fire prevention and hygiene in security in traffic on authorizing by regulations of the law Article 43 Paragraph 2 first, following. Please confirm "permission, authorized guidance by regulations of Building Standard Act Article 43 Paragraph 2" for more information about standard.

List of authorized standards by regulations of the law Article 43 Paragraph 2 first
StandardSummary
Authorized standard 1Building to build on site close against width 4m that public institutions manage or more ways
Authorized standard 2Building to build on site close against way of line model, in fact, to exist in May 1, 1999

Permission standard by regulations of law Article 43 Paragraph 2 No. 2

 As for the standard that the mayor admits that there is not trouble in in fire prevention and hygiene in security in traffic on admitting by regulations of law Article 43 Paragraph 2 No. 2, following. Please confirm "permission, authorized guidance by regulations of Building Standard Act Article 43 Paragraph 2" for more information about standard.

[reference] About building examination committee inclusion agreement standard

 About permission by regulations of law Article 43 Paragraph 2 No. 2, we devise building examination committee inclusion agreement standard for the purpose of planning the execution of smooth permission duties. We assume building examination committee inclusion agreement standard about general example, and discussion procedure to examination committee is omitted by building examination committee by obtaining consent beforehand when we admit building adapting to this standard.

List of permission standards by regulations of law Article 43 Paragraph 2 No. 2
StandardSummary
Building examination committee inclusion agreement standard 1Building to build on site contacting with open spaces
Building examination committee inclusion agreement standard 2Building to build on site close against width 4m that public institutions manage or more ways
Building examination committee inclusion agreement standard 3-2It is similar to these which received building which caught limit cancellation based on regulations of Town Planning and Zoning Act Article 37, permission based on regulations of land adjustment method Article 76 building or other
Building examination committee inclusion agreement standard 3-3Building, in fact, to build on site close against ways of existing line model in May 1, 1999
"Retreat 2m central vacant land width 1.8m" or more or more
2 of building examination committee inclusion agreement standard 3-3Building to build on site that, in fact, contacts with terminals of passage of existing exclusive model in May 1, 1999
"Vacant land width 1.5m or more and extension 20m or less"
Building examination committee individual agreement standard 3-4Building, in fact, to build on site close against ways of existing line model in May 1, 1999
"Central and less than 1.8m vacant land width 0.9m or more retreat 2m" or more
2 of building examination committee individual agreement standard 3-4Building to build on site that, in fact, contacts with terminals of passage of existing exclusive model in May 1, 1999
"Vacant land width 0.9m or more and extension 15m or less"
Building examination committee individual agreement standard 3-5Building, in fact, to build on site close against ways of existing line model in May 1, 1999
"Vacant land width 0.9m or more, it is less than 2m central retreat 1.35m" or more

About procedure

Prior consultation

 Prior to permission, certification application, we ask for prior consultation.
 "Building Standard Act Article 43 permission, authorized prior consultation vote", please consult about required documents to city area Building Control Section building authorization responsible (045-671-4510) after offering. ("flow (PDF of procedure reference give 393KB)".)

List of required documents
Required documentsRemarks
Guide mapPlease show way for consultation and site clearly in rubrication.
Figure of neighboring present situationPlease list width of the present way. In addition, it, please be said that we know the details before road of law reaching site when we are going to apply for authorization.
Public sectional map or land-register mapWe can acquire in Legal Affairs Bureau. We do not mind with copy.
Entry certificate (register certified copy) or entry abstract of the disclosureWay for consultation and consultation material are necessary. We do not mind with copy.
Construction plan summary bookWe can acquire in the second floor of the city hall "Yokohama building information center".
Authorized route map, road account book ground plan, area diagramWe get copying in the second floor of the city hall "Yokohama building information center" and each ward engineering works office. We can confirm from the Internet. ("Rise (figure of road account book information) of Yokohama" (the outside site)
We can exchange way waterways comprised in each ward engineering works office with figure of border clear statement, diagram of a restored building about area diagram.
The spot photographPlease attach thing knowing way for consultation and the site.

Permission, certification application (this application)

Permission, certification application required documents
Required documentsPermission standard
Authorized standard
123-23-3
※2
12
Permission application (No. 43 style)The pivotThe pivotThe pivotThe pivotUnnecessaryUnnecessary
Authorized application (No. 48 style)UnnecessaryUnnecessaryUnnecessaryUnnecessaryThe pivotThe pivot
ProxyThe pivotThe pivotThe pivotThe pivotThe pivotThe pivot
Public sectional map ※1 (as for the plus to surround blue, way with red at site for principle less than three months the original)The pivotThe pivotThe pivot (possible copy)The pivotThe pivotThe pivot
All matter certificate (land register certified copy ※ 1) (as for principle less than three months, the plus the original)The pivotThe pivotUnnecessaryThe pivotThe pivotThe pivot
Written oath (as for the plus the original)The pivot▲1The pivotThe pivot▲1Unnecessary
Written consent (as for the plus the original)UnnecessaryUnnecessaryUnnecessaryUnnecessaryUnnecessaryThe pivot
Seal Registration Certificate (as for the plus the original)Unnecessary▲1The pivotThe pivot▲1The pivot
Guide mapThe pivotThe pivotThe pivotThe pivotThe pivotThe pivot
Figure of neighboring present situationThe pivotThe pivotThe pivotThe pivotThe pivotThe pivot
Detailed drawing (thing before road of law reaching site) of course to depend on authorizationUnnecessaryUnnecessaryUnnecessaryUnnecessaryThe pivotThe pivot
Plan (we surround blue, way with red at site)It follows building certification application bookThe pivotThe pivotThe pivotThe pivotThe pivotThe pivot
Figure of site, building mensurationThe pivotThe pivotThe pivotThe pivotThe pivotThe pivot
Ground planThe pivotThe pivotThe pivotThe pivotThe pivotThe pivot
ElevationThe pivotThe pivotThe pivotThe pivotThe pivotThe pivot
The spot photographThe pivotThe pivotThe pivotThe pivotThe pivotThe pivot
We copy related organizations procedure or we have been discussed and reportThe pivot▲2UnnecessaryUnnecessary▲2Unnecessary
Depending on other needWe copy related organizations procedure or we have been discussed and reportUnnecessaryUnnecessaryThe pivotThe pivotUnnecessaryThe pivot
Road account book ground plan (the second floor of the city hall "Yokohama building information center")The pivotUnnecessaryUnnecessaryThe pivotUnnecessaryThe pivot
Road account book area diagram (the second floor of the city hall "Yokohama building information center") or way waterway border clear statement figure, diagram of a restored building (each ward engineering works office)The pivotUnnecessaryUnnecessaryThe pivotUnnecessaryThe pivot
OthersThe pivotThe pivotThe pivotThe pivotThe pivotThe pivot


※2, individual suggestion standard 3-4 of 2 inclusion agreement standard 3-3, 2, 3-5 of 3-4 correspond, too.
▲By form of way, either of 1 or 2 is necessary.

Q&A of permission, authorization by regulations of law Article 43 Paragraph 2

Q
About summary of permission, authorization of law Article 43 Paragraph 2
A

 In the site of building, it is originally necessary to contact with road of Building Standard Act 2m or more. Therefore, architecture becomes impossible in principle when we do not contact with road of Building Standard Act. But we become able to build when specific administrative agency admits that it does not have trouble from surrounding, and permission authorizes even if site does not contact with road of Building Standard Act even if we do not meet the above-mentioned condition. This becomes permission, authorization of law Article 43 Paragraph 2.
 Until April 30, 1999, we were judged about application of law Article 43 Paragraph 2 in building certification application by chief architect, but recognition system was founded from September 25, 2018, and permission system came to need permission of specific administrative agency or authorization about application of law Article 43 Paragraph 2 by law revision than May 1, 1999.
 In addition, agreement of building examination committee is necessary in permission.  

Q
Is road-formed vacant land affecting permission, authorization of law Article 43 Paragraph 2 road of Building Standard Act?
A

 "Road" in Building Standard Act refers to thing to fix for law Article 42. Therefore, road-formed vacant land affecting permission, authorization of law Article 43 Paragraph 2 is not "road".

Q
When way of housefront is road-formed vacant land affecting permission, authorization of law Article 43 Paragraph 2, can you build again?
A

 We cannot treat road-formed vacant land affecting permission, authorization of law Article 43 Paragraph 2 for road of Building Standard Act. Therefore, it becomes necessary to acquire permission or authorization when we do rebuilding of existing building. About the right or wrong of permission and authorization and the condition, please consult with the 25th floor of the city hall, city area Building Control Section building authorization responsible about information about prior consultation vote, guide map, present situation outskirts figure or present situation survey map (thing which specified width of the present way), public sectional map or land-register map, register certified copy or entry abstract of the disclosure (thing of land close against target way and the way), acreage of a plot of land survey map, spot photograph after offering.

Q
About condition when we receive permission, authorization
A

 About permission, authorized condition and site retreat distance, it is decided based on the situation every item generally. Permission standard and authorized standard are established, but please consult with the 25th floor of the city hall, city area Building Control Section building authorization responsible about information about prior consultation vote, guide map, present situation outskirts figure or present situation survey map (thing which specified width of the present way), public sectional map or land-register map, register certified copy or entry abstract of the disclosure (thing of land close against target way and the way), acreage of a plot of land survey map, spot photograph after offering as condition may be added.

Q
About written oath, written consent which is necessary when we receive permission, authorization
A

 With written oath, written consent, relations rightful claimant is document which oath consents to about "maintenance doing road-formed vacant land affecting permission, authorization of law Article 43 Paragraph 2 into a road form for the future". Please consult with the 25th floor of the city hall, city area Building Control Section building authorization responsible about necessary style and entry method.

Q
About building examination committee inclusion agreement standard
A

 When we receive permission of law Article 43 Paragraph 2, it is necessary to obtain building examination committee's consent.
 We establish building examination committee inclusion agreement standard about general thing to plan simplification of permission procedure in Yokohama-shi. About building adapting to building examination committee inclusion agreement standard, discussion to building examination committee is omitted on admitting.
 In addition, agreement of building examination committee is unnecessary when we receive authorization.

Q
About necessity or not of discussion to "building examination committee" when we acquire permission
A

 When we receive permission about thing which does not adapt to building examination committee inclusion agreement standard, we discuss individually in building examination committee, and it is necessary to get the agreement. We arrange building examination committee individual suggestion standard as minimum standard to discuss in building examination committee. Please consult with the 25th floor of the city hall, city area Building Control Section building authorization responsible about the details.

Q
About period of procedure
A

 About flow of procedure, please see "permission, authorized guidance by regulations of Building Standard Act Article 43 Paragraph 2". From "prior consultation submission" to "answer to consultant", it almost takes 2 weeks (when examination in * road judgment Committee is necessary, it may almost take 3 weeks). In addition, from "permission, certification application" to "permission, authorized notice grant", it almost takes 2 weeks when the spot maintenance and application documents do not have defects. But it is just indication during this period and may be mixed up by the situation.

Q
About procedure when construction plan was changed after permission, the authorized acquisition
A

 Necessary/required procedures varies according to contents for change. If it is slight change, "plan change approval application" is necessary. If it is not slight change, permission of law Article 43 Paragraph 2 or withdrawal of authorization and re-application are necessary. Please confirm in the 25th floor of the city hall, city area Building Control Section building authorization responsible by all means which procedure is necessary.

Q
In the case of future extension and/or alteration, re-building, is permission, authorization of law Article 43 Paragraph 2 not necessary for application if we acquire once?
A

As permission, authorization of law Article 43 Paragraph 2 becomes permission, authorization for building, application is necessary every time we perform building act.

Q
But, in the case of future extension and/or alteration, re-building, can permission, authorization of law Article 43 Paragraph 2 receive permission, authorization by all means if we acquire once?
A

 Depending on turn of eventss of the later way and construction plan contents, case and new condition that permission, authorization is not possible may occur. In the case of extension and/or alteration and re-building, please consult with the 25th floor of the city hall, city area Building Control Section building authorization responsible about information about prior consultation vote, guide map, present situation outskirts figure or present situation survey map (thing which specified width of the present way), public sectional map or land-register map, register certified copy or entry abstract of the disclosure (thing of land close against target way and the way), acreage of a plot of land survey map, spot photograph after offering.

Format downloading

Please download format about designation of position of road of the current situation respect type from page of guide of road position designated application.

Common style

Law Article 43 Paragraph 2 first authorization

Law Article 43 Paragraph 2 No. 2 permission (old proviso permission)

Adobe Acrobat Reader DC (old Adobe Reader) is necessary to open file of Portable Document Format.
Person who does not have can download free of charge from Adobe company.
Get Adobe Acrobat Reader DCTo downloading of Adobe Acrobat Reader DC

Inquiry to this page

Housing and Architecture Bureau architecture leadership city area Building Control Section (about permission, authorization)

Telephone: 045-671-4510

Telephone: 045-671-4510

Fax: 045-681-2438

E-Mail address [email protected]

The Housing and Architecture Bureau architecture leadership architecture Planning Division (about standard revisions)

Telephone: 045-671-2933

Telephone: 045-671-2933

Fax: 045-550-3568

E-Mail address [email protected]

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