| TOP |
| 6th Report of Market Access Ombudsman Council (March 16, 2000) |
1. Complainant: Japan-America Cooperative Conference
2. Ministry concerned: Ministry of Construction
3. Complaint:
The Building Standards Law sets out the minimum standards necessary for plots of land where buildings stand and is applied uniformly throughout the country. However, in cases where the intent of the law is not achieved, due to local conditions, certain areas of it can be set out by local government ordinances.
Although the principle of local autonomy must be respected, if, in the name of local uniqueness, ordinances with content detracting from the law's intent and from consistency and uniformity in its implementation were to be adopted, this would result in meaningless confusion for businesses.
Accordingly, ordinances should be implemented only for purely practical reasons and clear intentions.
Further, if ordinances are implemented, information on their intent, content and necessary procedures should be provided, for example by notification or through the Internet, to make the information accessible to anyone who needs it.
The language used in ordinances and detailed regulations should be standardized and clarified, to avoid differences in interpretation depending on the region or on the individual official concerned.
4. Corresponding Policy of the Ministries concerned:
It is essential for local governments to use their ordinances, in order to respond adequately to regional climate, customs and needs of communities with diversity. Restrictions by local government ordinances is mentioned in the Building Standards Law, and the scope of the restrictions and the standards for the buildings are clarified in cabinet orders and notifications. Since local government ordinances are established in democratic way through local assembly proceedings within the scope of the Building Standards Law, the ministry believes that the need for and purpose of adopting local government ordinances is clear to all.
Regarding disclosure of information on local government ordinances, this has been done in accordance with the Law on Concerning Access to Information Held by Administrative Organs promulgated in May 1999 (1999 Law No. 42) and measures taken by individual local public bodies.
5. Remarks
The complainant accepted this policy.