Converting an older building with no certificate of inspection into a welfare facility — what to look at before you choose the property

In short: a second-hand building with no certificate of inspection (kensazumisho) can sometimes still be converted into a disability-welfare or day-service facility. What changes is what you check while choosing the property. Three things: whether the floor area used for that purpose exceeds 200 m² (which triggers a change-of-use confirmation application); whether there is a certificate of inspection, and if not, whether the building's original legality can be verified through a compliance-status survey; and whether the building is a lawful non-conforming one or an outright illegal one. Much of this can be narrowed down from the documents before you ever set foot inside.

"I want to use a vacant office building for welfare use." "I want to turn an old shop into a day-service centre." The first thing that stalls these conversations is whether a certificate of inspection exists. This article is for buyers and owners who want to convert a vacant house, an old office building or a former shop into a disability-welfare service office or an after-school day-service centre, seen from the standpoint of a real estate transaction. The change-of-use confirmation application and the compliance-status survey themselves are handled by an architect or a designated confirmation and inspection body; the designation application for the welfare service is handled by an administrative scrivener. We handle only the property investigation and the transaction, as an independent business entity you engage separately.

Why does a building with no certificate of inspection stall a welfare conversion?

The sticking point is a single thing: there is no document in hand showing that the building complied with the standards in force when it was built.

The certificate of inspection is the document confirming that a building passed the completion inspection after construction. Article 7, paragraph 5 of the 建築基準法 (Building Standards Act, Act No. 201 of 1950) provides that a building official issues the certificate when the completion inspection confirms conformity with the building-standards-related provisions. Where a designated confirmation and inspection body carries out the completion inspection, Article 7-2, paragraph 5 provides for the same certificate. No certificate of inspection means there is most likely no record that this completion inspection was ever passed.

This matters in a welfare conversion. Whether you file a change-of-use confirmation application, or apply to a bank for financing, the first question is whether the building stands lawfully. A certificate of inspection means that check was already done when the building was built. Without it, the check has to be re-done by another route.

So the presence or absence of a certificate of inspection is best read not as deciding whether a conversion is possible, but as deciding how much time and effort the conversion procedure will take.

From what scale and use is a change-of-use confirmation application required?

Disability-welfare service offices and children's welfare facilities fall within the special buildings of column (i), row (2) of Appended Table 1 of the 建築基準法. Article 115-3, item 1 of its Enforcement Order lists children's welfare facilities as "others prescribed by Cabinet Order" for column (i), row (2), and those facilities include, under Article 19, paragraph 1 of the same Order, support facilities for persons with disabilities, facilities used for disability-welfare services, welfare facilities for the elderly and nurseries.

On that basis, Article 87, paragraph 1 of the 建築基準法 applies the confirmation procedure where a building's use is changed into one of the special buildings under Article 6, paragraph 1, item 1. That item covers "special buildings used for a purpose listed in column (i) of Appended Table 1, where the total floor area for that purpose exceeds 200 m²".

In other words — when you convert an office or shop into a welfare facility and the floor area used for that purpose exceeds 200 m², a change-of-use confirmation application is required.

This "200 m²" used to be "100 m²". An amendment to the Building Standards Act (Act No. 67 of 2018, in force 25 June 2019) raised the area threshold for special buildings under Article 6, paragraph 1, item 1 from over 100 m² to over 200 m², to make existing building stock easier to use for smaller welfare facilities.

Floor area used for that purpose	Change-of-use confirmation application
200 m² or less	In principle not required
Over 200 m²	Required (Building Standards Act Art. 87 (1))

But — "no confirmation application required" and "no need to comply with the Building Standards Act" are two different things. Article 87, paragraph 2 applies Article 48 (use zone restrictions) and the evacuation and fire-prevention provisions to any change of use. Substantive requirements — daylighting, smoke exhaust, means of escape, interior finish restrictions — apply according to the new use regardless of whether a confirmation application is required. "200 m² or less, so nothing to do" is wrong.

Where the uses before and after fall between similar uses designated by Cabinet Order, a confirmation application may not be required. Confirm the outcome with the specified administrative authority.

How do you tell a lawful non-conforming building from an illegal one, and who checks what before you buy?

These two sound alike but are treated completely differently.

A lawful non-conforming building (kizon-futekikaku) was lawful when built but no longer meets current standards because the law was later amended. Article 3, paragraph 2 of the 建築基準法 provides that where a building existing at the time a provision comes into force does not conform to a new provision, that provision does not apply. A lawful non-conforming building is therefore not illegal. However, an extension, alteration or change of use can trigger a requirement to bring it into conformity with current standards.

An illegal building has breached the Building Standards Act since it was built — exceeding the building or floor-area ratio, or lacking a required confirmation or inspection. It is subject to corrective orders.

	Lawful non-conforming	Illegal building
When built	Was lawful	Was unlawful
Basis	Excluded under Building Standards Act Art. 3 (2)	Subject to correction
Ease of conversion	Often workable depending on procedure	Correction comes first; often difficult

For a building with no certificate of inspection, which of these it is can be hard to tell from the documents alone. Checking this is the compliance-status survey described next. Before you buy, the order is to consult an architect or a designated confirmation and inspection body, gather the registration records, drawings and the confirmation certificate (if any), and have them examined. This survey is not the work of a real estate agent. We handle obtaining and delivering the property documents (certificate of registered matters, cadastral map, building drawings and so on), and connect you with an architect for the judgment on legality.

When there is no certificate of inspection, how do buildings divide between those a compliance-status survey can save and those it cannot?

The method the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) sets out for verifying the legality of a building with no certificate of inspection is the compliance-status survey.

In December 2024 MLIT formulated and published the "Guideline for surveys of the current condition of existing buildings", and as of 1 April 2025 the former "Guideline for surveys of compliance with the Building Standards Act using designated confirmation and inspection bodies for buildings without a certificate of inspection" (July 2014) was consolidated into this new guideline (accessed 5 September 2026). The survey has a commissioned architect (including one who has filed the relevant work with a designated confirmation and inspection body) compare the drawings and other materials against the actual condition and verify how far the building conforms to the building-standards-related provisions.

The key point is that this survey is not "design work to make the building lawful"; it is "confirmation of how far it currently conforms". Depending on the result, properties fall into two broad groups.

	Easier to proceed	Difficult
Drawings and documents	Confirmation certificate and design drawings remain	No drawings at all
Building condition	Actual state matches the drawings; no large extensions	Unauthorised extensions and alterations layered up
Structure	Likely to meet current seismic standards	Pre-1981 seismic; reinforcement would be excessive

A building whose drawings remain, whose actual condition matches them, and whose gap from current standards is small is more likely to progress through a compliance-status survey to a change of use. Conversely, a building with no drawings, layered unauthorised extensions and a pre-1981 structure requiring excessive reinforcement carries unpredictable cost and schedule, and is sometimes abandoned. The seismic judgment belongs to architects and structural specialists, and the tax treatment to a licensed tax accountant — we do not judge feasibility. When narrowing down a property, it is realistic to gauge roughly, from the presence or absence of documents, whether it can progress to this survey.

A comparable case where administrative and fire checks come before the property is fixed is this article on the conditions for a minpaku property; the same structure of backtracking with care-service premises is covered in this article on why care-service premises are hard to find. For the change-of-use procedure seen from the permit side, see the administrative scrivener's article on group homes and change of use under the Building Standards Act.

When narrowing down properties for a welfare facility, which documents should be checked before viewing?

Checking these documents before a viewing saves wasted trips.

Document	What to look at	Where to get it
Certificate of inspection / confirmation certificate	Whether completion inspection / confirmation was passed	Owner; ledger record certificate from the specified administrative authority
Design drawings (as-built)	Whether the drawings match the actual state	Owner; management company
Certificate of registered matters	Area, structure, any registered extension	Legal Affairs Bureau
Use zone / city planning information	Whether the use can be built in that zone	Municipality's city planning section
Fire safety equipment status	Presence of an automatic fire alarm system, etc.	Fire station with jurisdiction; management company

As explained above, the presence of a certificate of inspection and design drawings in particular largely determines whether a compliance-status survey can proceed. These two are worth asking about at the very first enquiry. Confirming the use zone decides whether the use can be built there at all; the relationship between an after-school day-service and the use zone is covered in this article. For finding commercial property generally, see investment and commercial property; for the relationship between opening a business and choosing an office, see company formation and choosing an office.

Who should you consult?

Property investigation, obtaining documents, brokerage and the sale or lease contract are handled by Yotsuba Real Estate Co., Ltd. (licensed real estate agent, Tokyo Governor (1) No. 113304). Preparation of documents submitted to public authorities — such as the designation application for a disability-welfare service or an after-school day-service — is handled by Yotsuba Administrative Scrivener Office.

These are two independent business entities, engaged separately and directly by you. The change-of-use confirmation application and the compliance-status survey go to an architect or designated confirmation and inspection body; registration accompanying an extension goes to a land and house investigator and a judicial scrivener; tax to a licensed tax accountant; disputes to an attorney — each engaged by you directly. We neither pay nor accept referral fees or introduction commissions. Consultation is free of charge.

Frequently asked questions

Q. Can a property with no certificate of inspection simply not be used for a welfare facility?
A. Not as a blanket rule. No certificate of inspection means the material showing legality when built is not in hand, so it is re-verified through a compliance-status survey and the like. A building whose drawings remain, whose actual state matches them, and whose gap from current standards is small is more likely to progress to a change of use. Feasibility varies by building, so confirm with an architect and the specified administrative authority.

Q. Above what floor area is a change-of-use confirmation application required?
A. Where the total floor area used for that purpose exceeds 200 m² (Building Standards Act Art. 87 (1) and Art. 6 (1) (i)). This threshold was raised from over 100 m² to over 200 m² by Act No. 67 of 2018 (in force 25 June 2019). Even at 200 m² or less, substantive requirements — daylighting, smoke exhaust, means of escape, interior finish restrictions — apply according to the new use.

Q. Can a lawful non-conforming building be converted into a welfare facility?
A. A lawful non-conforming building is not an illegal building. Under Article 3, paragraph 2 of the Building Standards Act, some current provisions do not apply to a building that was lawful when built. However, a change of use or an extension can trigger a requirement to conform to current standards. How far depends on the building and the work, so confirm with an architect and the specified administrative authority.

Q. Who carries out the compliance-status survey? Can a real estate company do it?
A. A survey under the MLIT guideline is carried out by an architect (including one who has filed the work with a designated confirmation and inspection body). It is not the work of a real estate company. We handle obtaining and delivering the property's registration records and drawings; the survey itself we connect to an architect or a designated confirmation and inspection body.

Sources (primary)

• e-Gov "建築基準法" (Building Standards Act) — Act No. 201 of 1950. Art. 3 (2) exclusion of lawful non-conforming buildings; Art. 6 (1) (i) special buildings of Appended Table 1 column (i) over 200 m²; Art. 7 (5) and Art. 7-2 (5) issue of the certificate of inspection; Art. 87 (1) confirmation on change of use, and (2) application of Art. 48 etc.; Appended Table 1 column (i) row (2). The area threshold in Art. 6 (1) (i) was amended from over 100 m² to over 200 m² by Act No. 67 of 2018, in force 25 June 2019. Accessed 5 September 2026.
• e-Gov "建築基準法施行令" (Enforcement Order of the Building Standards Act) — Cabinet Order No. 338 of 1950. Art. 19 (1) scope of children's welfare facilities; Art. 115-3 item 1 the Cabinet-Order-prescribed buildings of Appended Table 1 column (i) row (2). Accessed 5 September 2026.
• MLIT, "Promotion of the use of existing buildings" — the "Guideline for surveys of the current condition of existing buildings" was formulated and published in December 2024; the former July 2014 guideline (surveys of compliance using designated confirmation and inspection bodies for buildings without a certificate of inspection) was consolidated into it as of 1 April 2025. Accessed 5 September 2026.

Whether a change-of-use confirmation application is required depends on the uses before and after, the floor area used for that purpose, whether the change is between similar uses designated by Cabinet Order, and whether construction is involved. This article does not assess any individual property. The presence of a certificate of inspection or confirmation certificate, how to check ledger records, and whether a compliance-status survey can proceed vary by building; the judgment on legality and the design of a change of use belong to architects, the specified administrative authority and designated confirmation and inspection bodies. Counters, forms and practice change — check the municipality's or the specified administrative authority's own page when you start.

This article is general information. It does not judge or guarantee the feasibility of converting any particular property or the grant of any permit. Property investigation, brokerage and sale or lease contracts are undertaken by Yotsuba Real Estate Co., Ltd. (licensed real estate agent); the preparation of designation applications and other documents for submission to public authorities is undertaken by Yotsuba Administrative Scrivener Office — two independent business entities, engaged separately. The change-of-use confirmation application and compliance-status survey belong to architects and designated confirmation and inspection bodies; registration to a land and house investigator and a judicial scrivener; tax to a licensed tax accountant. We neither pay nor accept referral fees.

About the author

Joji Uramatsu — licensed real estate transaction specialist (Tokyo Governor registration No. 293544) and administrative scrivener (registration No. 25087022). Representative Director, Yotsuba Real Estate Co., Ltd. (licensed real estate agent, Tokyo Governor (1) No. 113304); principal, Yotsuba Administrative Scrivener Office. Kohinata, Bunkyo, Tokyo, about five minutes' walk from Myogadani station. Property and paperwork are put on the same table. Full profile: author page.