Demolition or renovation: when and by whom is an asbestos pre-survey and report required?

Before you demolish or renovate a building, an asbestos pre-survey is in principle mandatory regardless of scale. This article organises the pre-survey, the reporting, the overlapping notifications, the penalties, and who to ask for what — for the orderer (the owner commissioning the work).

In short: when you demolish or renovate a building, a pre-survey for the presence of asbestos-containing materials is, in principle, mandatory regardless of the scale of the work. The basis is twofold: Article 18-15 of the Air Pollution Control Act (survey, record and report by the prime contractor, etc.) and Article 3 of the Ordinance on Prevention of Health Impairment due to Asbestos, based on the Industrial Safety and Health Act. Since 1 October 2023 (Reiwa 5), the pre-survey of a building must be carried out by a qualified person, such as a certified building asbestos-containing-material surveyor, and it is not an area an administrative scrivener can carry out. For works at or above a certain scale (a building demolition where the total floor area of the demolished part is 80 m² or more, or a building renovation or a structure (kōsakubutsu) where the total contract price is 1 million yen or more, tax included), since 1 April 2022 (Reiwa 4) the pre-survey result must be reported, through the Asbestos Pre-Survey Result Reporting System, to the prefecture, etc. and the Labour Standards Inspection Office. This article organises, as the order the orderer (the owner) should grasp first, the pre-survey, the report, the overlapping notifications, the penalties and the allocation of professionals, as general information; it does not make the final judgement on whether any individual work is subject to the survey or report.

Why is an asbestos pre-survey mandatory before demolition or renovation?

Asbestos was widely used in building materials in the past, and inhaling it causes mesothelioma and lung cancer. If asbestos-containing materials are crushed unknowingly when an existing building is demolished or renovated, the dust scatters. For this reason, a "pre-survey" that checks for the presence of asbestos in the materials before work starts is, in principle, mandatory for the demolition and renovation of all buildings and structures.

The basis of the pre-survey spans two laws.

Law	Main content
Article 18-15 of the Air Pollution Control Act	The prime contractor or self-executing party of a demolition-type work surveys for the presence of specified building materials (asbestos-containing materials), prepares and keeps a record, and reports the result to the prefectural governor, etc. above a certain scale
Article 3 of the Ordinance on Prevention of Health Impairment due to Asbestos (based on the Industrial Safety and Health Act)	The employer surveys in advance for the use of asbestos, etc. and keeps a record. A framework to prevent health impairment of the people working

Even for the same pre-survey, there are two aims — preventing scatter to the surroundings (the environmental side = Air Pollution Control Act) and the health of workers (the labour side = Ordinance on Prevention of Health Impairment due to Asbestos) — and the report can be made through a single system described below. Within the scope of administrative-scrivener work, Yotsuba Administrative Scrivener Office supports organising whether a work is subject to a report or notification, preparing the notification documents and acting as agent on the orderer's side. The survey itself that judges the presence of asbestos is carried out by a qualified surveyor.

Who can carry out the pre-survey? (Where can an administrative scrivener not act?)

Since 1 October 2023 (Reiwa 5), the pre-survey of a building must be carried out by a qualified person with a certain knowledge. The representative qualifications are as follows.

Qualification	Scope that can be surveyed (typical)
General building asbestos-containing-material surveyor	Pre-survey of ordinary buildings
Specified building asbestos-containing-material surveyor	In addition to the general scope, pre-survey of more specialised buildings
Detached-house, etc. asbestos-containing-material surveyor	Pre-survey limited to the interior of dwelling units of detached houses and apartment buildings

Furthermore, the pre-survey of structures (kōsakubutsu — equipment and structures other than buildings) must also be carried out by a qualified person from 1 January 2026 (Reiwa 8).

This pre-survey itself is not work that an administrative scrivener can carry out. An administrative scrivener handles the preparation of documents and agency for the report and notification premised on the survey result, but the survey and judgement of whether a material contains asbestos is carried out by a qualified surveyor (and an analysis institution where necessary). This is clearly divided.

At what scale and in what form is the pre-survey result report required?

Since 1 April 2022 (Reiwa 4), works at or above a certain scale must report the pre-survey result. The subjects of the report are as follows.

Type of work	Scale at which a report becomes necessary
Building demolition work	Total floor area of the demolished part is 80 m² or more
Building renovation work	Total contract price is 1 million yen or more (tax included)
Demolition or renovation of a structure	Total contract price is 1 million yen or more (tax included)

The report is, in principle, made electronically through the "Asbestos Pre-Survey Result Reporting System." This system reaches both the prefecture, etc. (the Air Pollution Control Act window) and the Labour Standards Inspection Office (the Ordinance window) in a single operation. The party that bears the reporting duty is the prime contractor or self-executing party who took on the work, and it reports before work starts. The orderer (owner) does not report in person, but it is important for the orderer to confirm in advance that the contractor has a system for a pre-survey by a qualified person and for reporting. Note that if the work falls within the above scale, the pre-survey result must be reported regardless of whether asbestos is present.

What other notifications overlap at demolition (Construction Recycling Act, Industrial Safety and Health Act)?

At demolition, other laws' notifications and procedures overlap in parallel with the asbestos procedures.

Notification under Article 10 of the Construction Recycling Act: for works at or above a certain scale (target construction works), such as a building demolition covering 80 m² or more of total floor area, the orderer or self-executing party notifies the prefectural governor of the sorted-demolition plan by seven days before the day work starts. Failure is subject to a fine of up to 200,000 yen.
The system on the demolition operator's side: the side that takes on the work needs demolition-work registration or a construction business permit (demolition) depending on the contract price. The split is organised in How does demolition-work registration differ from a construction business permit?.
System under the Industrial Safety and Health Act: for work removing or demolishing materials containing asbestos, an asbestos work chief (a person who has completed the asbestos work chief skill training) must be appointed, and special education must be given to workers. Building the labour system for workers' accident compensation insurance, special education and the like is handled by a certified social insurance and labour consultant (Yotsuba Social Insurance and Labour Consultant Office), a separate business from Yotsuba Administrative Scrivener Office, as an independent business under a separate contract.
Treatment of rubble: rubble arising from demolition is industrial waste, and its collection, transport and disposal are carried out by permitted operators. How to obtain the permit is organised in How do you obtain a permit for industrial waste collection and transport?.

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For an inherited old building, inheritance registration (a judicial scrivener) is also involved before and after demolition. For the flow of a name change for inherited property, see How do you proceed with inheritance registration?; for whether to sell the land cleared or with the building, see the desk for inherited real estate and sales, a separate business from Yotsuba Administrative Scrivener Office.

What happens if you violate (penalties and work suspension)?

Neglecting the asbestos procedures can be subject to penalties.

Type of violation (Air Pollution Control Act)	Example of penalty
Not reporting the pre-survey result, or making a false report	A fine of up to 300,000 yen
Violating the work standards for specified dust-emitting work accompanied by isolation measures, etc.	Up to 3 months' imprisonment or a fine of up to 300,000 yen (a direct penalty)

The direct penalty for a work-standard violation was established by the revision effective 1 April 2021 (Reiwa 3). Neglecting the Article 10 Construction Recycling Act notification is also subject to a fine of up to 200,000 yen under that Act. Beyond penalties, if proper survey, report and work are not carried out, it can lead to administrative guidance or a suspension of the work, causing delay to the whole work and additional cost. That is exactly why it is important to map out the procedures at the ordering stage.

For survey, report, work and labour, who do you ask (qualified surveyor, administrative scrivener, specialist operator, labour consultant)?

Demolition and renovation involving asbestos splits by field.

Pre-survey and judgement of asbestos-containing materials (analysis where necessary) → a qualified surveyor such as a building asbestos-containing-material surveyor, and an analysis institution
Preparing documents and acting as agent for the pre-survey result report, the Article 10 Construction Recycling Act notification and the like → Yotsuba Administrative Scrivener Office (administrative scrivener)
Asbestos removal and demolition work (appointment of an asbestos work chief) → a registered or permitted specialist demolition operator
Labour matters such as workers' accident compensation insurance and special education → a certified social insurance and labour consultant (Yotsuba Social Insurance and Labour Consultant Office)
Inheritance registration, company incorporation and other registration → a judicial scrivener
Building deregistration (description section) → a land and house surveyor (application to the Legal Affairs Bureau)
Tax matters such as capital gains and capital investment → a tax accountant
Sale of the cleared or building-attached land, and property arrangement → Yotsuba Real Estate Co., Ltd. (licensed real estate broker)

Yotsuba Administrative Scrivener Office and Yotsuba Real Estate Co., Ltd. are separate businesses. Each field, including the qualified surveyor, the social insurance and labour consultant, the judicial scrivener, the land and house surveyor and the tax accountant, is on the premise that you contract separately with each qualified professional as an independent business, and our office receives no referral fee. For the flow of engagement, see Engagement Flow; for fees, see Fee Schedule; and for the whole picture, see Permits and Applications.

FAQ

Q. Even for a building I know has no asbestos, do I need a pre-survey or a report?
A. A pre-survey is in principle needed even to confirm that there is no asbestos. A document survey and a visual survey are carried out, and materials that cannot be judged are confirmed by analysis and the like. On that basis, if the work falls within a scale such as a building demolition of 80 m² or more, or a renovation or structure with a contract price of 1 million yen or more (tax included), you must report the pre-survey result regardless of whether asbestos is present.

Q. Can I ask an administrative scrivener for the pre-survey or the report?
A. The pre-survey itself that checks for asbestos is, since 1 October 2023 (Reiwa 5), an area carried out by a qualified person such as a building asbestos-containing-material surveyor, and an administrative scrivener does not act for it. An administrative scrivener handles the preparation of documents and agency for the report premised on the survey result and for the Article 10 Construction Recycling Act notification. The survey is carried out with a qualified surveyor as an independent business under a separate contract. Our office receives no referral fee.

Q. Who reports — the orderer (owner) or the contractor?
A. Under the Air Pollution Control Act, the party that bears the duty to report the pre-survey result is the prime contractor or self-executing party who took on the work. The orderer does not report in person. However, it is important for the orderer to confirm before contracting that the contractor carries out a pre-survey by a qualified person and reports properly through the Asbestos Pre-Survey Result Reporting System.

Q. To demolish an inherited old building, is inheritance registration needed first?
A. Sorting out the title and rights is involved as a premise for demolishing or selling the building. A name change for inherited property (inheritance registration) is the work of a judicial scrivener, and inheritance registration has been mandatory since 1 April 2024 (Reiwa 6). The order of asbestos survey, demolition, registration and sale should be confirmed individually under separate contracts with the qualified surveyor, the judicial scrivener and the real estate side.

Sources (Primary Information)

e-Gov Law Search, "Air Pollution Control Act" (Act No. 97 of 1968), Article 18-15 (survey, record and report by the prime contractor, etc. of a specified work) (accessed 2026-10-04)
e-Gov Law Search, "Ordinance on Prevention of Health Impairment due to Asbestos" (Ordinance of the Ministry of Health, Labour and Welfare No. 21 of 2005), Article 3 (pre-survey and analysis survey) (accessed 2026-10-04)
e-Gov Law Search, "Act on Recycling of Materials Related to Construction Works" (Construction Recycling Act; Act No. 104 of 2000), Article 10 (accessed 2026-10-04)
Ministry of the Environment, "On the system for reporting asbestos pre-survey results" (reporting mandatory from 1 April 2022, subjects of the report, the Asbestos Pre-Survey Result Reporting System) (accessed 2026-10-04)
Ministry of the Environment, Ministry of Health, Labour and Welfare and Ministry of Land, Infrastructure, Transport and Tourism, materials on the "building asbestos-containing-material surveyor training" system and the 2020 revision of the Air Pollution Control Act (buildings from 1 October 2023, structures from 1 January 2026 by a qualified person; the direct penalty for a work-standard violation newly established on 1 April 2021) (accessed 2026-10-04)

This article is general information and does not guarantee whether any individual work is subject to the pre-survey, report or notification, the required documents, or the outcome of examination or acceptance. The survey and judgement of the presence of asbestos-containing materials is handled by a qualified surveyor such as a building asbestos-containing-material surveyor; asbestos removal and demolition work by a specialist demolition operator who places an asbestos work chief; labour matters such as workers' accident compensation insurance and special education by a social insurance and labour consultant; inheritance registration, company incorporation and other registration by a judicial scrivener; building deregistration (description section) by a land and house surveyor; tax matters by a tax accountant; and sale of cleared or building-attached land by Yotsuba Real Estate Co., Ltd. (licensed real estate broker), each as an independent business under a separate contract. Our office receives no referral fee. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.