When does the Fill Regulation Act require a permit? Regulated areas for residential land development and specified fills, and the application flow

In short: fill, cut and stockpiling (deposit of earth and rocks) work can require a prefectural governor's permit before you start, depending on the area and the scale. The basis is the Act on Regulation of Residential Land Development, Specified Fills, etc. (the Fill Regulation Act), in full force since 26 May 2023 (Reiwa 5). Inside a "residential-land-development-and-other-works regulated area" such as urban areas and their surroundings, a permit is needed for residential land development, specified fills or stockpiling of a scale set by cabinet order (Article 12, paragraph 1). Inside a "specified-fill regulated area" designated outside that area, a permit is needed for large-scale specified fills or stockpiling above a scale set by cabinet order (Article 30, paragraph 1), and below that scale a notification is needed 30 days before starting (Article 27, paragraph 1). Unlicensed work is subject to imprisonment of up to 3 years or a fine of up to 10 million yen under Article 55, and up to 300 million yen for a company under Article 60. This article is general information organising the scope where a permit is needed and the flow; it does not judge the outcome of any individual permit.

What work does the Fill Regulation Act require a permit for?

The Fill Regulation Act (Act on Regulation of Residential Land Development, Specified Fills, etc.) regulates "changes to the form and quality of land" and "stockpiling of earth and rocks" to prevent disasters of cliff collapse and sediment runoff from fill and cut. The acts subject to regulation are divided by the definitions in Article 2 as follows.

• Residential land development: a change to the form and quality of land to turn non-residential land into residential land, as set by cabinet order
• Specified fill: a change to the form and quality of land such as fill or cut on residential or agricultural land, etc., of a kind set by cabinet order as presenting a high risk of causing a disaster on neighbouring land
• Stockpiling of earth and rocks: a stockpile of earth and rocks on residential or agricultural land, etc., as set by cabinet order (limited to those removed after a certain period)

These are collectively called "residential land development and other works," and when carried out at a scale set by cabinet order inside a regulated area, the project owner must obtain the permit of the prefectural governor (the head of a designated or core city, etc., set by cabinet order) before starting work. The permit is not limited to "residential land." Development or stockpiling for agricultural land, forest, a materials yard or a soil-disposal site also comes within scope if it exceeds the scale inside a regulated area. Development accompanying the installation of solar power equipment likewise needs a permit if it exceeds the scale as a change of form and quality.

How do the residential-land-development regulated area and the specified-fill regulated area differ?

The two regulated areas differ in the magnitude of disaster risk and the procedure required.

Area	Approach to designation	Procedure required	Basis
Residential-land-development-and-other-works regulated area	Urban areas, settlements and their surroundings, etc., where residential land development and other works present a high risk of harming dwellings	Residential land development etc. of a scale set by cabinet order = permit before starting	Art. 10, Art. 12(1)
Specified-fill regulated area	Outside the above area, where terrain etc. presents an especially high risk that specified fills or stockpiling will harm the life or body of residents, etc.	Above a scale set by cabinet order = permit before starting / below it = notification 30 days before starting	Art. 26, Art. 27(1), Art. 30(1)

Both areas are designated by the prefectural governor on the basis of the basic policy and the results of the basic survey, and take effect on public notice (Articles 10 and 26). What matters is that the date of designation does not coincide with the date of full enforcement (26 May 2023) and differs by prefecture and city. Which area your land falls in, and from when the regulation applies, must always be checked against the public notice and counter of that prefecture or city.

What documents and technical standards does a permit application require?

To obtain a permit, the work plan must conform to the technical standards that prevent disasters, the project owner must have the necessary resources and credit, the work implementer must have the necessary ability, and the consent of a substantial number of the owners, etc., of the land where the work is done must be obtained (Article 12). The technical standards are set by Article 13, paragraph 1 and by cabinet order and competent ministry order, and the structure of retaining walls, drainage facilities, ground and the like is examined.

Item	Content
Permitting authority	Prefectural governor (the head of a designated or core city, etc., set by cabinet order)
Timing of application	Before starting the work
Main matters examined	Conformity to technical standards, the project owner's resources and credit, the implementer's ability, consent of the landowners, etc.
After completion	Undergo a completion inspection and receive a certificate of inspection

The forms of the application, attached drawings and fees, and the figures for the scale set by cabinet order, differ by prefecture and city. Because standards may be added by ordinance or regulation, always check the latest guidance of the prefecture or city with jurisdiction over the work site. This article refrains from giving specific scale figures (height or area) as a particular example (they can change by cabinet order or ordinance, so checking the latest provisions directly is reliable). The design and structural calculation of retaining walls and drainage are the field of civil-engineering and architectural designers, with whom you contract separately as an independent business from our office.

What changed from the former Residential Land Development Act with the 2023 full enforcement?

The Fill Regulation Act fundamentally amended the former Act on Regulation of Residential Land Development (Act No. 191 of 1961) by Act No. 55 of 2022, in response to dangerous fills and a large-scale debris-flow disaster that became an issue in various places in 2021, and came into full force on 26 May 2023 (Reiwa 5). The main changes are as follows.

• The scope of regulation was no longer limited to the development of "residential land" and was extended to fill, cut and stockpiling on all land, including agricultural land and forest
• In addition to the "residential-land-development-and-other-works regulated area" in urban areas, etc., a "specified-fill regulated area" outside it was newly established
• Penalties were raised substantially; unlicensed work became imprisonment of up to 3 years and a fine of up to 10 million yen for individuals, and a fine of up to 300 million yen for companies
• Landowners, etc., were given a duty of effort to keep the land in a safe state at all times

Areas designated as residential land development work regulated areas under the former Act are adjusted, by transitional measures, by treating them as residential-land-development-and-other-works regulated areas under the new Act.

What are the penalties for unlicensed work or breach of an order?

Doing work without a permit, or not following a corrective order, is subject to penalties.

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Type of breach	Penalty	Basis
Doing residential land development, specified fills or stockpiling work without a permit, obtaining a permit by deception, or breaching certain orders	Imprisonment of up to 3 years or a fine of up to 10 million yen	Art. 55
Where a company's representative or employee commits a breach of Article 55 in connection with the business (dual-liability provision)	A fine of up to 300 million yen on the company	Art. 60

"Imprisonment without distinction" came into force on 1 June 2025 through amendment of the Penal Code, unifying the former imprisonment with and without work. Unlicensed work is also subject to a corrective order or a restoration order, and not only the project owner but, in some cases, the designer and the work implementer are subject to penalties (Article 55, paragraphs 2 and 3). Even "I was stockpiling a large amount of surplus soil without knowing" can be a breach depending on the area and scale, so checking before starting is essential.

Who handles the permit application, the design, the registration and the disputes?

The procedures under the Fill Regulation Act span several specialist fields. The roles are as follows.

• Preparing the permit application and notification documents and acting as agent for the application to the prefecture or city → Yotsuba Administrative Scrivener Office (administrative scrivener)
• Preparing the design documents on retaining walls, drainage, ground and other technical standards, and structural calculation → civil-engineering and architectural designers (civil-engineering design offices, architects)
• The sale of the land after development and transactions or surveys of soil-disposal sites → Yotsuba Real Estate Co., Ltd. (licensed real estate broker)
• Registration of a change of land category or of ownership after the completion inspection → judicial scriveners
• Disputes with neighbours and objections to administrative dispositions → lawyers

Yotsuba Real Estate Co., Ltd., a separate business from Yotsuba Administrative Scrivener Office, handles the sale and survey of developed land or soil-disposal sites under a separate contract as an independent business. Design and structural calculation are for civil-engineering and architectural designers, registration for judicial scriveners, and disputes and objections for lawyers, each contracting separately as an independent business. Each field is on the premise that you contract separately with each counter or qualified professional, and our office receives no referral fee. The final judgement on the permit is made by the prefectural governor (the head of a designated or core city, etc.). For the flow of engagement, see Engagement Flow; for fees, see Fee Schedule; and for the whole picture of our services, see Permits and Applications. As related land permits, see also The flow of development permission (City Planning Act, Article 29) and, where agricultural land is developed, The flow of permission for agricultural land conversion (Agricultural Land Act, Articles 4 and 5).

FAQ

Q. Do I need a permit just to stockpile surplus soil on my own forest land?
A. It depends on the area and scale. Inside a residential-land-development-and-other-works regulated area, even on forest land, stockpiling of earth and rocks of a scale set by cabinet order needs a permit before starting (Article 12, paragraph 1). Inside a specified-fill regulated area, a permit is needed above the scale (Article 30, paragraph 1), and even below it a notification is needed 30 days before starting (Article 27, paragraph 1). Outside the areas, the Forest Act, the Agricultural Land Act, the City Planning Act and others may apply separately. Check with the prefecture or city with jurisdiction over the work site.

Q. Does land developed with a permit under the old Residential Land Development Act need a permit again?
A. A new permit does not become necessary for already-completed work. Residential land development work regulated areas designated under the former Act are adjusted, by transitional measures, by being treated as residential-land-development-and-other-works regulated areas under the new Act. However, new work is subject to the new Act's regulation. Check the treatment of your area with the prefecture or city.

Q. How do a permit and a notification differ?
A. A permit is a system under which you apply before starting, are examined on conformity to the technical standards and so on, and only then may do the work (Article 12, paragraph 1, Article 30, paragraph 1). A notification is a system under which, for work inside a specified-fill regulated area below the scale set by cabinet order, you notify the governor of the plan 30 days before starting (Article 27, paragraph 1). A notification may draw a recommendation or an order. Which applies is decided by the area and scale.

Q. What happens if I do work without a permit?
A. Unlicensed work can be subject to imprisonment of up to 3 years or a fine of up to 10 million yen under Article 55, and, under the dual-liability provision of Article 60, a fine of up to 300 million yen on a company. It is also subject to a corrective order or restoration order. The designer and the work implementer can also be subject to penalties (Article 55, paragraphs 2 and 3). Checking the area and scale before starting is what matters most.

Sources (Primary Information)

• e-Gov Law Search, "Act on Regulation of Residential Land Development, Specified Fills, etc." (Act No. 191 of 1961; amended by Act No. 55 of 2022), Article 2; Article 10; Article 12, paragraph 1; Article 13, paragraph 1; Article 26; Article 27, paragraph 1; Article 30, paragraph 1; Article 55; Article 60 (accessed 2026-11-05)
• Ministry of Land, Infrastructure, Transport and Tourism, explanation and pamphlet on the "Act on Regulation of Residential Land Development, Specified Fills, etc. (Fill Regulation Act)" (in full force 26 May 2023) (accessed 2026-11-05)
• Public notices of regulated-area designation and guidance on the Fill Regulation Act of each prefecture and city (designation dates and scale standards differ by municipality) (accessed 2026-11-05)
• Creation of imprisonment without distinction by the Act partially amending the Penal Code (in force 1 June 2025)

This article is general information and does not guarantee whether an individual permit or notification is required, whether a scale standard is met, conformity to the technical standards, the required documents, or the examination period. Because the designation date and extent of a regulated area, and the figures for the scale set by cabinet order or ordinance, differ by prefecture and city and can be amended, always check the latest official guidance of the prefecture or city with jurisdiction over the work site. The examination and final judgement of a permit or notification are made by the prefectural governor (the head of a designated or core city, etc.). The design and structural calculation of retaining walls, drainage, etc., are handled by civil-engineering and architectural designers, the sale of developed land or soil-disposal sites by Yotsuba Real Estate Co., Ltd. (licensed real estate broker), registration by judicial scriveners, and disputes and objections by lawyers, each as an independent business under separate contracts. 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.