Navigating the regulatory landscape for construction in Japan requires a thorough understanding of its building permit and inspection processes. Governed primarily by the Building Standards Act (建築基準法 - Kenchiku Kijun Hō, hereafter "BSA") and its related ordinances, this multi-stage system is designed to ensure that all new constructions, major alterations, and changes of use meet stringent standards for safety, public health, and urban planning. For developers, investors, and businesses involved in property, comprehending these procedures is not just a matter of compliance, but a critical factor in project feasibility, timelines, and the ultimate legality and value of the asset. This article provides a comprehensive overview of the A-Z of building permits (known as "building confirmation") and inspections in Japan.

I. Key Players in the Process

Several key parties are involved in the building permit and inspection process:

1. Building Owner (建築主 - Kenchikunushi): The individual, company, or entity initiating the construction project. The kenchikunushi is legally responsible for ensuring the project complies with all relevant laws and for making the necessary applications.
2. Architect/Designer (設計者 - Sekkeisha): The professional responsible for creating the architectural, structural, and equipment plans for the building. In most cases, this must be a licensed architect (建築士 - kenchikushi) registered in Japan, with different classes of license depending on the building's scale and type. Their role is crucial in designing a compliant building.
3. Constructor/Builder (工事施工者 - Kōji Sekōsha): The company or individual contracted to carry out the physical construction work according to the approved plans and BSA standards.
4. Building Official (建築主事 - Kenchiku Shuji): A qualified public official appointed within local government offices (prefectural or municipal) who is responsible for enforcing the BSA. They review applications for building confirmation and conduct inspections.
5. Designated Confirmation and Inspection Bodies (指定確認検査機関 - Shitei Kakunin Kensa Kikan): These are private organizations that have been designated by the Minister of Land, Infrastructure, Transport and Tourism (or prefectural governors) to perform building confirmation and inspection services. They offer an alternative to using the municipal Building Official and often provide more flexible or faster processing times. Their technical standards and legal authority for these services are equivalent to those of Building Officials.

II. Phase 1: Building Confirmation (建築確認 - Kenchiku Kakunin) – The "Building Permit"

The first and most critical step before any construction can begin is obtaining "Building Confirmation." This is effectively the Japanese equivalent of a building permit.

A. When is Building Confirmation Required?

Building Confirmation is mandatory under BSA Articles 6 and 6-2 for a wide range of activities:

1. New Construction of "Buildings" (建築物 - Kenchikubutsu): Any new structure that falls under the BSA's definition of a "building" (generally, land-fixed structures with a roof and pillars/walls, plus certain ancillary structures) requires confirmation.
2. Major Alterations or Repairs (大規模の修繕・模様替 - Daikibo no Shūzen / Moyōgae): If an existing building undergoes "large-scale" repairs, renovations, or alterations (typically involving over half of principal structural elements like walls, columns, floors, beams, or stairs), confirmation is usually required, especially for larger buildings or "Special Buildings" (see below).
3. Change of Use (用途変更 - Yōto Henkō): If an existing building's use is changed to one of the "Special Building" categories listed in BSA Table 1 (e.g., converting an office to a hotel or a shop to a cinema), and this involves work exceeding certain thresholds (often 200 square meters of the area undergoing change of use), confirmation is needed.
4. Construction of "Specific Structures" (特定工作物 - Tokutei Kōsaku-butsu): As defined in BSA Article 88 and its Enforcement Order (e.g., tall chimneys, large advertising towers, retaining walls over 2 meters), these non-building structures also require confirmation.
5. Installation of Certain "Building Equipment" (建築設備 - Kenchiku Setsubi): Under BSA Article 87-4, the installation of specific types of building equipment, such as large elevators, escalators, or certain amusement park rides, requires confirmation even if the building itself already exists.

B. The Application Process (確認申請 - Kakunin Shinsei)

1. Applicant: The application for building confirmation (確認申請書 - kakunin shinseisho) is formally submitted by the kenchikunushi (building owner). In practice, this is almost always prepared and managed by their appointed architect.
2. Submitting Authority: The application is submitted either to the Building Official of the local government having jurisdiction over the construction site or to a Designated Confirmation and Inspection Body chosen by the applicant.
3. Required Documentation (BSA Art. 6(1) and related regulations): A comprehensive set of documents must accompany the application, typically including:
   • The official application form.
   • Architectural Drawings: Site plan (配置図 - haichizu), floor plans (各階平面図 - kakkai heimenzu), elevations (立面図 - ritsumenzu), sections (断面図 - danmenzu).
   • Structural Plans and Calculations: For buildings exceeding certain size/height thresholds or those with complex structures (e.g., most non-wooden buildings), detailed structural plans, stress calculations, and specifications are required.
   • Building Equipment Plans: Plans for electrical, mechanical (HVAC), plumbing, and fire safety systems.
   • Compliance Documents: Proof of land rights (e.g., copy of land title), documents demonstrating compliance with other relevant laws such as the City Planning Act (都市計画法 - Toshi Keikaku Hō), Fire Service Act (消防法 - Shōbōhō), and any applicable local ordinances.
   • Structural Calculation Conformity Review Certificate (構造計算適合性判定の適合判定通知書 - Kōzō Keisan Tekigōsei Hantei no Tekigō Hantei Tsūchisho): For certain large or complex buildings, the structural calculations submitted by the designer must undergo an independent peer review by a specially designated body or prefectural governor. The certificate from this "peer review" (often called tekihan - 適判) must be attached to the building confirmation application.

C. The Review Process (確認審査 - Kakunin Shinsa)

The Building Official or Designated Body meticulously reviews the application and submitted documents for compliance with:

• Building Standards Act: Both substantive regulations concerning the building itself (単体規定 - tantai kitei, e.g., structural integrity, fire resistance, materials) and collective regulations concerning the building in relation to its site and surroundings (集団規定 - shūdan kitei, e.g., zoning, building coverage ratio, floor area ratio, height limits).
• Related Cabinet Orders and Ministerial Ordinances: These provide detailed technical standards and procedures supporting the BSA.
• Local Government Ordinances (条例 - Jōrei): Municipalities can enact stricter or more specific local building codes that must also be met.
• Coordination with Other Laws: Compliance with the Fire Service Act is particularly important, and often the building confirmation process is coordinated with the local fire department's review, especially for larger or public-use buildings.

The BSA (Article 6(4)) specifies statutory timelines for this review process, which can range from 7 days for simpler applications (e.g., for smaller wooden houses) to 35 days for larger or more complex buildings. These periods can be extended if amendments to the plans are required.

D. Issuance of Confirmation Certificate (確認済証 - Kakunin-zumishō)

If the plans and documents are found to be fully compliant with all applicable laws and regulations, the Building Official or Designated Body will issue a Confirmation Certificate (確認済証 - kakunin-zumishō).

• This certificate is the official authorization to commence construction.
• No construction work can legally begin before this certificate is received and posted at the construction site.

E. Handling of Non-Compliant Applications

If the application is found to be non-compliant, it will either be formally rejected, or more commonly, the applicant (usually via their architect) will be notified of the deficiencies and requested to submit amendments or additional information.

F. Public Notice of Confirmation (建築計画概要書の閲覧 - Kenchiku Keikaku Gaiyōsho no Etsuran)

Upon issuance of the Confirmation Certificate, an outline of the approved building plan (建築計画概要書 - kenchiku keikaku gaiyōsho) is made available for public inspection at the relevant government office or designated body. This provides a degree of transparency to the public regarding planned construction.

III. Phase 2: Construction Phase and Interim Inspections (中間検査 - Chūkan Kensa)

Once the Confirmation Certificate is issued and construction begins, certain obligations and further inspection requirements apply.

A. Obligation to Build According to Confirmed Plans

The constructor must execute the work strictly in accordance with the plans and specifications that were approved in the building confirmation process (BSA Art. 6(1)). Any significant deviations or changes to the approved plans during construction (計画変更 - keikaku henkō) generally require a formal application for a Revised Building Confirmation (計画変更確認申請 - keikaku henkō kakunin shinsei) before those changes are implemented. Minor changes might be handled through less formal procedures, but this should always be verified with the confirming authority.

B. Interim Inspections (BSA Articles 7-3 and 7-4)

For certain types of buildings or specific critical stages of construction, an Interim Inspection (中間検査 - chūkan kensa) is mandatory.

• Applicability: The requirement for interim inspections, and the specific construction stages to be inspected, are often designated by the local government (prefectural governor or specific municipalities) based on the building's use, scale, and structural system. Common examples include:
  • Multi-story residential buildings (especially condominiums).
  • Buildings employing specific structural methods (e.g., certain types of steel or reinforced concrete frames).
  • Critical construction stages such as completion of foundations, erection of the main structural frame, or installation of specific fire-resistant elements.
• Procedure: The building owner must apply for the interim inspection when the designated construction stage is completed. The Building Official or Designated Body then conducts an on-site inspection.
• Interim Inspection Certificate (中間検査合格証 - Chūkan Kensa Gōkakushō): If the work at that stage is found to be compliant with the approved plans and BSA standards, an Interim Inspection Certificate is issued. The next stage of construction cannot legally proceed until this certificate is received.
• Purpose: Interim inspections are crucial for verifying compliance at critical junctures before these elements are concealed by subsequent construction work, making later verification difficult or impossible.

IV. Phase 3: Completion and Final Inspection (完了検査 - Kanryō Kensa)

Upon the completion of all construction work as per the approved plans, a final set of procedures must be followed.

A. Notification of Completion (完了届 - Kanryō Todoke) (BSA Article 7(1))

The building owner must, within four days of the completion of all construction work, formally notify the Building Official or Designated Body that issued the building confirmation. This is done by submitting a Notification of Completion.

B. The Final Inspection (完了検査 - Kanryō Kensa) (BSA Article 7(2)-(5))

Following the notification, the Building Official or Designated Body will conduct a Final Inspection (完了検査 - kanryō kensa) of the completed building and its site.

• Purpose: To verify that the building, as actually constructed, fully conforms to:
  • The plans and specifications approved at the building confirmation stage (including any approved revisions).
  • All applicable provisions of the Building Standards Act, its Enforcement Order, Ministerial Ordinances, and relevant local ordinances.
• Scope: This is a comprehensive inspection covering structural elements, fire safety measures (e.g., fire compartments, emergency exits, fire suppression systems), building equipment (electrical, plumbing, HVAC), accessibility features (if applicable), and site conditions (e.g., drainage, landscaping related to BSA compliance).

C. Issuance of Inspection Certificate (検査済証 - Kensa-zumishō)

If the Final Inspection confirms that the building is fully compliant in all respects, the Building Official or Designated Body will issue an Inspection Certificate (検査済証 - kensa-zumishō).

• Significance: This is arguably the most important document for a completed building. It officially certifies that the building, as constructed, meets all legal standards under the BSA.
• Uses: The kensa-zumishō is generally required for:
  • Property registration (表示登記 - hyōji tōki for new buildings, or changes to existing registrations).
  • Obtaining financing or mortgages secured by the property.
  • Selling or leasing the property (as proof of legal compliance).
  • Obtaining operational licenses for certain types of businesses conducted within the building.
  • Connecting to public utilities in some cases.

V. Phase 4: Use of the Building (BSA Article 7-6)

The issuance of the kensa-zumishō has direct implications for the legal use of the building.

• General Rule: BSA Article 7-6 stipulates that a building (or parts of it that were subject to the kanryō kensa) cannot be legally used or occupied until the Inspection Certificate (kensa-zumishō) has been issued.
• Exceptions:
  1. Temporary Use Approval (仮使用認定 - Kari Shiyō Nintei) (BSA Art. 7-6(1)(ii)): In certain circumstances, the Building Official (or Designated Body) may grant approval for temporary use of all or part of a building before the final kensa-zumishō is issued. This typically requires demonstrating that the portion to be used is safe, that it will not hinder the completion of the remaining work, and that the temporary use is for a limited period.
  2. Minor Buildings/Uses: Very minor buildings or uses that were not subject to the building confirmation and inspection process in the first place (though this is rare for significant structures or any building involving public access or occupancy).

VI. "Special Buildings" (特殊建築物 - Tokushu Kenchikubutsu) and Stricter Oversight

The BSA, in its Appended Table 1 (別表第一 - Beppyō Dai-Ichi), lists various categories of "Special Buildings." These are buildings that, due to their public nature, large occupancy load, specific use, or potential risks, are subject to more stringent regulatory oversight. Examples include:

• Theaters, cinemas, assembly halls.
• Hospitals, clinics.
• Schools, kindergartens.
• Department stores, large retail outlets, markets.
• Hotels, inns (旅館 - ryokan).
• Apartment buildings (共同住宅 - kyōdō jūtaku) above a certain size or number of units.
• Large warehouses, factories (especially those handling hazardous materials).

For these Special Buildings:

• Building confirmation is often required even for smaller-scale construction, alterations, or changes of use than for general buildings.
• Fire safety, evacuation, and accessibility standards are typically more rigorous.
• Periodic Inspections and Reporting (BSA Art. 12): Owners of Special Buildings (and certain building equipment therein) are often required to have qualified professionals conduct regular safety inspections (e.g., every 1-3 years) and report the findings to the local government. This ongoing oversight aims to ensure continued safety throughout the building's operational life.

VII. Consequences of Non-Compliance

Failure to comply with the BSA's permit and inspection requirements can lead to severe consequences:

• Administrative Orders: Orders for work stoppage (工事停止命令 - kōji teishi meirei), rectification of violations (是正命令 - zesei meirei), use prohibition (使用禁止命令 - shiyō kinshi meirei), or, in egregious cases, demolition (除却命令 - jokyaku meirei).
• Fines and Penalties: The BSA prescribes various fines and other penalties for violations.
• Inability to Legally Use or Occupy: A building without a kensa-zumishō (where one is required) is technically in illegal use.
• Practical Difficulties: Lack of a kensa-zumishō can impede property sales, make it difficult to obtain financing, affect insurance coverage, and prevent the issuance of business operating licenses.
• Civil Liability: If a non-compliant building subsequently causes harm or damage to third parties (e.g., due to structural failure or fire), the building owner, designer, and constructor could face significant civil liability claims.

VIII. Conclusion

The building permit and inspection system in Japan, centered around the Building Confirmation (建築確認 - kenchiku kakunin), potential Interim Inspections (中間検査 - chūkan kensa), and the final Completion Inspection (完了検査 - kanryō kensa) leading to an Inspection Certificate (検査済証 - kensa-zumishō), is a comprehensive and rigorous process. Its overarching goal is to ensure that all structures meet the nation's high standards for safety, functionality, and harmony with the surrounding environment. While the process can seem detailed and demanding, strict adherence is essential. For any party undertaking construction, major renovation, or change of use in Japan, engaging qualified Japanese architects and construction professionals, and meticulously following these A-Z procedures, is fundamental to a successful and legally sound project.