Part 7: What is a Change of Use? - Procedures for Changing the Purpose of a Building [Terminology Explanation Series]

Hello.
This is Astera Mirai LLC, a Second-Class Architect Office.
In this Part 7: What is a Change of Use? - Procedures for Changing the Purpose of a Building, we explain terms you should know when utilizing vacant houses or traditional folk houses as clearly as possible.

The theme of Part 7 is "Change of Use."
This is an unavoidable keyword when turning a traditional folk house into a private lodging or using a residence as a shop.

"I was told that a 'confirmation application for change of use is required' when I thought about renting out a vacant house."
"I want to start a private lodging, but it seems to conflict with the Building Standards Act..."
We receive many such inquiries.

This time, I will explain the meaning of change of use, the legally required conditions, and the necessary procedures and points of caution from the perspective of an architect.

■ What is a Change of Use? Starting with a Basic Understanding

Buildings have a "use classification (classification of usage)" under the Building Standards Act.
For example:

Current Usage Classification (Example) General Residence: Detached house/row house; Traditional Folk House: Private lodging/simple lodging (Hotel Business Act); Cafe/Shop: Restaurant/retail store; Coworking: Office/assembly hall; Elderly Facility: Welfare facility, etc.

"Change of Use" means performing a "change" to these use classifications.

For example,

• Residence → Accommodation Facility (Simple Lodging)

• Vacant House → Restaurant

• Shop → Residence + Shared Space

and so on.

Since the structure and safety of a building are determined according to its use, permission or confirmation may be required in advance to use it in a way different from its original purpose.

■ Why are procedures necessary for a change of use?

The reason is clear: safety standards under the Building Standards Act differ depending on the use.

Example: Use, Expected Users, Required Standards; Residence: Family and other limited people, minimum evacuation routes, residential equipment; Private Lodging/Shop: Unspecified large number of people, multiple entrances/exits, guidance lights, emergency lighting, fire-fighting equipment.

In other words, to use a building originally designed as a "residence" as an "accommodation facility" or "restaurant" that welcomes an unspecified large number of people, it is necessary to make the structure and equipment comply with the law.

■ When is a building confirmation application required?

Even when performing a change of use, a confirmation application is not required in all cases.
According to Article 87 of the Building Standards Act, a confirmation application is required when the following conditions are met.

✅ Conditions requiring building confirmation:

1. The change must be to a different use category

Example: Residential to lodging, office to retail, etc.

and

2. The floor area of the portion undergoing the change of use must exceed 200 square meters

■ Practical example of change of use: Converting a vacant house into a private lodging (minpaku)

We would like to introduce a case we were involved with in Nagasaki Prefecture.

• 60-year-old, two-story wooden vacant house

• Current use: Residential (private residence)

• Planned use: Simple lodging (Hotel Business Act)

• Action: Change of use required + confirmation application required (over 200 sqm)

[Details of action taken]

• Building survey and structural verification

• Compliance with the Fire Service Act (installation of exit signs and fire extinguishers)

• Renovation of toilets and bathrooms to meet standards

• Ensuring width for entrances and passageways

• Preparation of confirmation application documents, drawings, and construction supervision

In this way, a change of use can be described as a process that aims to balance 'building revitalization' with 'legal compliance'. as well.

■ General procedure flow

The basic steps for proceeding with a change of use are as follows.

1. Current Status Survey and Consultation

An architect investigates the building's structure, floor area, and existing use.

2. Determining the Necessity of a Change of Use

Determine whether a confirmation application is required and create a project proposal.

3. Preliminary Consultation with Relevant Agencies

• Building Guidance Division

• Fire Department

• Public Health Center (for private lodging or restaurants)

4. Design and Drawing Preparation

Create design drawings that comply with the change of use (if existing drawings are unavailable, perform on-site measurements).

5. Building Confirmation Application (if required)

Prepare and submit the confirmation application documents. It takes several weeks to obtain approval.

6. Implementation of Renovation Work

Structural reinforcement, installation of evacuation equipment, equipment upgrades, etc.

7. Completion Inspection and Start of Operations

Undergo a completion inspection if necessary, then begin operations.

■ Points to Note

• Even if building confirmation is not required, fire safety procedures are mandatory
  Especially for lodging-related uses, consultation with the fire department is required regardless of the floor area.

• Older buildings are harder to bring into compliance
  It may be difficult to meet standards such as seismic resistance, barrier-free access, and thermal insulation performance.

• Operating without permission carries the risk of being illegal
  Neglecting building confirmation applications or fire safety compliance can lead to business suspension or administrative guidance.

■ Astera Mirai's Support

As an architectural firm, we provide the following "Change of Use Support":

• Diagnosis of the building's current condition

• Determination of whether a change of use is required

• Drawing preparation and agency for confirmation applications

• Prior coordination with fire departments and administrative agencies

• Design and supervision of renovation work

• Advice on utilization for private lodging and store operations

■ Summary: If you are changing how you use a building, "proper procedures" are the first step

・ Changing the "use" of a building may require legal procedures
・ A building confirmation application is required for a change of use exceeding 200 square meters
・ Coordination with other laws, such as the Fire Service Act and the Hotel Business Act, is also important
・ Even if the procedures are complex, the value of transforming it into a "usable building" is significant

Next Preview

The next installment (Part 8) will be on the theme of [What is a One-Stop Service? - A Reliable Consultation System -], where we will discuss our role as a "gateway for consultation" capable of handling complex inquiries regarding architecture, inheritance, private lodging, and vacant house management.