Japan Property Check

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再建築不可

High Risk

Cannot Rebuild


What it means

Under Japan's Building Standards Act, any building that fronts a public road must have at least 2 metres of road frontage on a road that is 4 metres or wider (接道義務). Properties that do not meet this requirement cannot obtain a building permit — meaning if the existing structure is demolished, nothing can be built in its place.

These properties exist legally because they were built before the 1950 act came into force, or before roads in the area were widened. The building is grandfathered in — but the moment it is torn down, the land becomes effectively unbuildable.

Why it matters

What to confirm before buying

  1. What is the road frontage width and the road width? Ask for the 公図 (cadastral map) and 測量図 (survey map).
  2. Is there any path to obtaining rebuild rights — e.g. purchasing neighbouring land, or applying for a special exemption (43条但し書き道路)?
  3. Has a bank confirmed it will lend on this property?
  4. What renovation scope is permitted without a building permit?

Questions to ask the agent (Japanese)

Why is this property 再建築不可?

再建築不可の理由を教えてください。接道義務を満たしていないのですか?

Is a 43-article special exemption possible?

43条但し書き申請の可能性はありますか?

What renovation is possible without a building permit?

建築確認申請が不要な範囲でのリフォームはどこまで可能ですか?

Official source

接道義務 is defined in Article 43 of Japan's Building Standards Act (建築基準法第43条). Special exemptions under the proviso (但し書き) require approval from the local building authority. Confirm current interpretation with the relevant 役所 or a licensed 宅地建物取引士.

Related terms

セットバック — Setback requirement 私道負担 — Private road obligation 市街化調整区域 — Urbanization control zone

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