建築基準法の隅切規定における二重基準の発生経緯と性能規定化の合理化規範に基く解消策の検討

抄録

The Building Standard Law requires site corner-cutoff at each crossing when constructing a building with new road, while it doesn't require corner-cutoff if the site is located onto an existing road (i.e. Construction of a new road is not necessary). This paper reveals the historic reason of this double standard. Before World War II, the corner-cutoff rule for new roads was included in the building line guideline set by the central government, and the corner-cutoff rule for existing roads was included in the local government rules. After World War II, however, the new Building Standard Law was established, under which private citizens can apply for a road construction to the government, and two old corner-cutoff rules were abolished. In 1970, when the new road standards were established, the details about corner-cutoff for newly constructed roads was stipulated, but those about existing roads were left untouched.
Then this paper studies following three thoughts on how to resolve this double standard: 1) the corner-cutoff rule should be regulated for all road, 2) necessity to unify regulatory criteria, 3) the exclusion of the corner-cut off rule is also necessary.