What is a request for examination to the Building and Development Board?

Anyone who is dissatisfied with the following dispositions a to c can file an appeal with the examination committee. This system is called a request for examination (see the figure below).
　a Disposal based on the Building Standards Law
　b. Disposal based on the City Planning Act
　c No disposition has been made for applications based on the Building Standards Act or the City Planning Act (inaction)
[Note]　For the dispositions subject to the request for examination, please refer to “2. Dispositions subject to the request for examination and their petition” below.

When a request for examination is made, the Examination Committee will examine the claims of both parties and make a decision on the request for examination. If the disposition is determined to be illegal, the ruling will revoke the disposition.

　　If it is disposed of in writing, it will indicate that a request for examination can be made and the request destination for examination can be confirmed there.

[Note 1]
　About building confirmation disposal targeted for examination request, after filing of examination request, building plan may be changed, and building confirmation disposal (building confirmation change disposal) may be performed (refer to the latter part of Article 6, Paragraph 1 of Building Standard Act) ). If you continue to request cancellation of the disposal when the building confirmation change disposal is performed, please submit an examination request for the building confirmation change disposal. Please contact the secretariat in advance for details on how to submit it. In addition, we can confirm whether building confirmation change disposal was performed in signboard posted at construction site or building plan summary book.

[Note 2]
　Regarding the development permit disposition that was subject to the examination request, after filing the examination request, the design related to the development activity may be changed and a development permit disposition (development permit change disposition) may be made (Article 35-2 of the City Planning Act) See). If you continue to request cancellation of the disposition of the changed part in the case of a change to the development permit change, please submit a request for examination of the change to the development permit. Please contact the secretariat in advance for details on how to submit it. In addition, it is possible to confirm whether the development permission change disposal has been made on the signboard posted at the construction site or on the development registry.

[Note 3]
　Even in the case of the disposition in the table above, in the following cases, even if a request for examination is made, the request for examination will be rejected as illegal.

• When the construction of the building is completed → Requests for examination for cancellation of building confirmation disposal or building permission disposal will be rejected as illegal.

[Note 4]
　The following dispositions are not included in the “Eligible dispositions” in the table above, so you cannot request a review from the Examination Committee. If you are dissatisfied with such dispositions, please contact the General Affairs Bureau Legal Division.

• Disposal based on the Yokohama City Scenic Area Ordinance
• Disposal based on the Residential Land Development Regulation Law (Regulation Law on Residential Land Development and Specific Embankment, etc.)
• International Port Urban Construction Project Permits exceeding (lower) maximum height of altitude districts

[Note 5]
　About omission, other than examination committee, we may be able to request examination to the mayor or designated confirmation inspection organization.

Submission of the request for examination
Yokohama-shi building examination committee secretariat or Yokohama-shi development examination committee secretariat
(in the Legal Affairs Section, Housing and Architecture Bureau Architectural Inspection Department)
24th floor of 10 City Hall at 6-50 Honcho, Naka-ku, Yokohama City
Telephone 045-671-3594 FAX045-550-3592

The request for examination must be made within three months from the day following the day when the disposition was learned (Article 18, Paragraph 1 of the Administrative Appeals Examination Act).
In addition, a request for examination cannot be made after one year from the day following the date of the disposal (Article 2, Paragraph 2).

[Note] Requests for examination made after the above period will, in principle, be illegal and will be rejected.

Requests for examination shall be discussed in writing in principle.
We receive a written submission from both the requester of the examination and the Disposal Agency, and after an oral examination (oral examination), a decision is made.

For the period up to the ruling, please refer to "Q2" on the "Frequently Asked Questions" page.

• Decision on Acceptance

  It is a ruling in which the disposition is found to be illegal or unjustified and the disposition is canceled. If revoked, the disposition will be denied effect retroactively to the date of the disposition.
  In a request for examination of omission, the omission agency decides that any act on the application should be promptly taken.

• Decision to dismiss

  It is a ruling that rejects the request for examination without being illegal or unjustified in the disposition.

• Rejection Decision

  This is a decision to reject the request for examination when the request for examination is unlawful, such as when the legal period has passed or when there is no profit to cancel the disposition. The contents of the request for examination will not be examined.

The request for examination includes the name of the applicant for examination, the date on which the disposition pertaining to the request for examination, the date on which the disposition was learned, the purpose and reason of the request for examination, the presence and content of the request for examination, and the date of the request for examination Must be entered (Article 19, Paragraph 2 of the Administrative Appeals Examination Act).
(In the case of omission, Article 19, Paragraph 3 of the Administrative Appeals Examination Act)
Please refer to the "Submission of Examination Request" page for examples and entry examples of the examination request form.
[Note] If the request for examination is incomplete, we may ask you to correct the request for examination. Please consult with Housing and Architecture Bureau Legal Affairs Division (Tel: 045-671-3594) before submitting a request for examination to prevent delays in the procedure.

Even if you make a request for examination, the disposition will be treated as valid until it is canceled by a ruling, so if you want to suspend the execution of the disposition, you need to file a suspension of execution. If it is deemed urgent to avoid serious damage caused by the execution of the disposition, the execution will be suspended.
(Even if a request for examination of a building confirmation disposition is made, the effect of the building confirmation disposition will continue until it is canceled by a ruling.) In this case, the construction will be continued because the effect of the building confirmation and disposal remains. In the event that any serious damage is caused by the continuation of the construction, it is necessary to file a suspension of execution. )

• Inaction

  No action shall be taken in response to an application based on laws and regulations, even though it should be disposed of within a considerable period of time.

• Decision

  Decision of the Board on the request for examination. The same as a court ruling

Please see page of "Frequently Asked Questions" about contents that there are often inquiries from citizens.