Road-use permit vs. road-occupancy permit in Japan: who you apply to and the procedure for works, events and temporary structures

A road-use permit is issued by the chief of the police station with jurisdiction under Road Traffic Act Article 77; a road-occupancy permit is issued by the road administrator under Road Act Article 32. The governing law and the office you apply to are different. For works, events and temporary structures, sometimes one suffices and sometimes both are needed.

In short: a road-use permit is issued by the chief of the police station with jurisdiction, under Road Traffic Act Article 77; a road-occupancy permit is issued by the road administrator, under Road Act Article 32. The governing law and the office you apply to are different. For works, events and temporary structures, sometimes one permit suffices and sometimes both are needed.

Sources checked: 26 October 2026. This article, for operators who use roads for works, events, signboards or temporary structures (construction, event and shop operators), focuses narrowly on the differences in the governing law, the office you apply to, and the procedure between a road-use permit and a road-occupancy permit. For the regulation of the signboard itself, see the display permit under the outdoor-advertising ordinance; for the construction-business licence needed to carry out the works, see the requirements for a construction-business licence. The provisions were reconciled with e-Gov.

How do the road-use permit and the road-occupancy permit differ in governing law and in the office you apply to?

The two permits differ both in the law they rest on and in the office that issues them. The road-use permit regulates temporary, one-off "use" that affects general traffic; under Road Traffic Act Article 77, it is granted by the chief of the police station with jurisdiction (under the public safety commission). The road-occupancy permit regulates the case of setting up a structure, object or facility on the road and using the road "continuously"; under Road Act Article 32, it is granted by the road administrator (the state for national roads, the prefecture for prefectural roads, the municipality for municipal roads).

Road Traffic Act Article 77(1) lists the acts needing the chief's permission: item 1, "a person who intends to carry out works or operations on a road, or the contractor for those works or operations"; item 2, "a person who intends to set up on a road a stone monument, bronze statue, advertising board, arch or other structure of a similar kind"; item 3, "a person who intends to set out on a road, without moving the location, a street stall, a food stand or other store of a similar kind"; and item 4, acts such as holding a festival event or filming that "use the road in a form or manner of passage that markedly affects general traffic," as designated by the public safety commission.

Road Act Article 32(1) lists the occupancy objects needing the road administrator's permission: item 1, "utility poles, electric wires, transformer towers, postboxes, public telephones, advertising towers and other structures of a similar kind," then objects such as water and gas pipes, facilities such as railways and tramways, underground malls and basements, and street stalls and goods-placement areas. Temporary fencing, scaffolding and material-storage areas for works are provided for in the Order for Enforcement of the Road Act as "those specified by Cabinet Order" under item 7.

	Road-use permit	Road-occupancy permit
Governing law	Road Traffic Act Article 77	Road Act Article 32
Issuing office	Chief of the police station with jurisdiction (public safety commission)	Road administrator (state / prefecture / municipality)
What is regulated	Temporary, one-off use of the road (works, structures, stalls, festivals, filming)	Setting up structures, objects or facilities and using the road continuously (occupancy)

For works, events and temporary structures, when is one — or both — needed?

In practice, sometimes one permit suffices and sometimes both are needed. The rough test is "are you merely using the road temporarily?" versus "are you setting up an object and occupying the road continuously?"

For short-duration works or operations on the road, festival events or filming — merely using the road temporarily — the road-use permit (Road Traffic Act Article 77) is central.
For setting up a structure or object on the road and using it continuously — a utility pole, a signboard (advertising tower), a buried underground pipe — the road-occupancy permit (Road Act Article 32) is needed.
Where "a continuously installed object" and "the road works to install it" overlap, as when you excavate the road to bury a pipe, both the occupancy permit and the use permit may be needed.

Even when both are needed, there is a mechanism so that you need not carry the applications to separate offices. Road Traffic Act Article 78(2) provides that where the act covered by the road-use permit is subject to Road Act Article 32(1) or (3), the submission of the road-use permit application "may be made via the administrator of that road," and "in that case, the road administrator must promptly forward the application to the chief of the police station with jurisdiction." Further, Road Traffic Act Article 79 provides that, for acts subject to Road Act Article 32, the chief of the police station with jurisdiction "must consult the road administrator in advance" before granting the permit.

Typical case	Road-use permit	Road-occupancy permit
Temporary works / operations on the road	May be needed	Needed if excavation or object installation is involved
Continuous installation of a utility pole, signboard (advertising tower) or sign	May be needed at the time of installation work	Needed
Street stall / food stand (location not moved)	Needed	May be needed if it occupies the road
Festival event / filming	May be needed	May be needed if object installation is involved

Which is needed, or both, varies with the content, place and continuity of the act. For the determination, check with the local police station and the road administrator.

What are the procedure, the standard processing period and the required documents?

For the road-use permit, Road Traffic Act Article 78(1) requires an application stating the matters specified by Cabinet Office Order to be submitted to the chief of the police station with jurisdiction. When the application is accepted and granted, a permit certificate is issued under Article 78(3). The criteria for permission are set by Article 77(2): the chief must grant permission when it is found there is no risk of obstructing traffic, when attaching conditions is found to remove the risk of obstruction, or when, although there is a risk of obstruction, it is found unavoidable for public interest or social custom.

For the road-occupancy permit, Road Act Article 32(2) requires an application — stating the purpose, period and place of occupancy, the structure of the object, the method and timing of the works, and the method of restoring the road — to be submitted to the road administrator. The criteria are in Article 33(1): permission may be granted only where the occupancy falls under one of the items of Article 32(1) and is "unavoidable because there is no spare space outside the road site," and conforms to the criteria specified by Cabinet Order. Road Act Article 39(1) provides that "the road administrator may collect an occupancy fee for the occupancy of the road"; the amount and collection method are set by Cabinet Order for national roads within designated sections, and by the ordinance of the local government that is the road administrator for other roads (Article 39(2)).

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Item	Road-use permit	Road-occupancy permit
Where to apply	Chief of the police station with jurisdiction	Road administrator
Governing provisions	Road Traffic Act Articles 77 and 78	Road Act Articles 32 and 33
Certificate / fee	Permit certificate issued (Article 78(3))	Occupancy fee may be collected (Article 39)
Standard processing period	Set by each public safety commission (days unverified)	Set by each road administrator (days unverified)

The standard processing period, the form of required documents and the specific occupancy fee differ by prefectural public safety commission and by road administrator. The specific number of days for the standard processing period and the amount of the occupancy fee are unverified in this article. Just before applying, check with the latest guidance of the local police station and road administrator.

Who do you ask for what (document preparation, construction, police / road administrator)?

For both the road-use permit and the road-occupancy permit, preparing the application documents and supporting the application to the authorities is within an administrative scrivener's scope. The permit is issued by the chief of the police station with jurisdiction (public safety commission) for the road-use permit, and by the road administrator for the road-occupancy permit. The road works themselves are carried out by a construction contractor. The basic approach is to split the roles and engage each separately.

Who to engage	Scope
四葉行政書士事務所	Preparing the road-use and road-occupancy permit application documents; supporting dealings with the authorities
Police station with jurisdiction (public safety commission)	Examining and granting the road-use permit (Road Traffic Act Article 77)
Road administrator (state / prefecture / municipality)	Examining and granting the road-occupancy permit (Road Act Article 32)
Construction contractor	Carrying out the road works and installing temporary structures

四葉行政書士事務所, 四葉社会保険労務士事務所 and 四葉不動産株式会社 are each a separate, independent business. Including the construction contractor who carries out the works, you contract with each field's provider separately as an independent business, and each provider bills and receives payment directly. Our office receives no referral fee.

See licensing support, the engagement process and the fee schedule. Consultation on acquiring or leasing business premises is handled by the separate business at real-estate consultation, which you also contract with separately.

FAQ

Q. Which office do I apply to for the road-use permit and the road-occupancy permit?
A. The road-use permit is applied for to the chief of the police station with jurisdiction (public safety commission); the road-occupancy permit to the road administrator (state / prefecture / municipality). The governing law differs too — Road Traffic Act Article 77 for the road-use permit and Road Act Article 32 for the road-occupancy permit. Which, or both, is needed varies with the act, so check with the local police station and road administrator.

Q. When both are needed, do I submit the applications to separate offices?
A. Under Road Traffic Act Article 78(2), where the act covered by the road-use permit is subject to Road Act Article 32(1) or (3), the road-use permit application may be submitted via the road administrator, who promptly forwards it to the chief of the police station with jurisdiction. Article 79 also has the chief consult the road administrator before granting the permit. Confirm the specific handling with each office.

Q. How much is the occupancy fee?
A. Under Road Act Article 39(1), the road administrator may collect an occupancy fee for the occupancy. The amount and collection method are set by Cabinet Order for national roads within designated sections, and by the ordinance of the local government that is the road administrator for other roads. The specific amount varies with the kind of road and object and the area, and is unverified in this article. Check the ordinance and guidance of the road administrator with jurisdiction.

Q. Can an administrative scrivener prepare the application documents?
A. Preparing the road-use and road-occupancy permit application documents and supporting the application to the authorities is within an administrative scrivener's scope. The permit itself is issued by the chief of the police station with jurisdiction or the road administrator, and the road works are carried out by a construction contractor. These are contracted with separately, as independent businesses.

Sources (Primary Information)

e-Gov: Road Traffic Act (1960 Act No. 105): Article 77(1) (the items of acts needing a road-use permit; the authority is the chief of the police station with jurisdiction), Article 77(2) (criteria for permission), Article 78(1)(2)(3) (submission of the application, submission via the road administrator, issue of the permit certificate), Article 79 (consulting the road administrator before granting). Final amendment date unverified.
e-Gov: Road Act (1952 Act No. 180): Article 32(1) (the items of occupancy objects needing a road-occupancy permit; the authority is the road administrator), Article 32(2) (matters stated in the application), Article 33(1) (criteria for occupancy permission — unavoidable because there is no spare space outside the road site, etc.), Article 39(1)(2) (collection of the occupancy fee; Cabinet Order for national roads, ordinance for others). That temporary fencing, scaffolding and the like fall under the objects specified by Cabinet Order in Article 32(1) item 7 rests on the Order for Enforcement of the Road Act. Final amendment date unverified.
Guidance of each prefectural public safety commission / police station (the standard processing period and the form of required documents for the road-use permit) and each road administrator (the standard processing period and the fee ordinance for the road-occupancy permit) (referenced 2026-10-26). The specific processing days and fee amounts differ by local government and individual figures are unverified in this article.

Checked 26 October 2026. The provisions were reconciled with e-Gov. The number of days for the standard processing period, the specific occupancy fee amount, the detail of the objects under Order for Enforcement of the Road Act Article 7, and the final amendment dates of each law are unverified. Reconfirm with the latest guidance of the local police station and road administrator before proceeding.

This is general information and does not guarantee which permit is needed, whether it will be granted, the processing period, the fee amount, or a procedural outcome. Individual judgements are made by a qualified professional after reviewing the materials. Written by Joji Uramatsu, administrative scrivener and licensed real-estate transaction specialist.