Abstract
The building control based on Building Standard Law is provided in the urbanization control area. Article 41 of City Planning Act is a system that can apply the building control if necessary with development permission. This study aims to clarify the nationwide situation of the operation and to understand the problem in operation, by paying attention to this system having a lot of discretion in the application of the restriction. As a result, we clarify that Article 41 of the City Planning Act is able to apply building control with flexibility in 3411 districts where the restriction is eased. On the other hand, we also clarify that operation is not appropriately done even when the application criterion is settled on. Based on these, this study proposes the ideal of Article 41 of City Planning Act.
