If you are looking for a property in real estate investment, you will see a statement that it is setback and borders on the 2nd road.Setback means that if the road connecting to the site where the property is located is 4m or less in width, it is necessary to secure a 42m range including the road and the site from the viewpoint of disaster prevention. Indicates that there is a state in which building cannot be built.In addition, such a road is called a 2-paragraph road (a road with a width of less than 4m deemed to be a road according to the provisions of Article XNUMX, Paragraph XNUMX of the Building Standards Act).
This time, I would like to explain setbacks and XNUMXnd roads as basic knowledge of real estate investment.
table of contents
Duty to connect
Before we talk about setbacks, let me explain the duty of contact.The road contact obligation is stipulated in Article 43 of the Building Standards Law that ``the site of a building in a city planning area or semi-city planning area must be in contact with a road with a width of 4 meters or more and at least 2 meters''. Thing.In order to build a building, the site must be in contact with the road according to the established rules.
XNUMXnd road
Next, I will explain the second road.Some of the roads that have been in use since before 25, when the Building Standards Law was enforced, do not meet the requirements for roads under the Building Standards Law.For this reason, the Building Standards Law stipulates that roads must have a width of 4m or more. , will be considered a road.And since we cannot say that we should demolish and rebuild what has already been built, we decided to leave a space of at least 25 meters wide when rebuilding in the future.
Article 42, Paragraph 2 of the Building Standards Law stipulates matters related to this, and these are called Paragraph XNUMX roads or deemed roads.
What is setback
So far, we have explained that there are cases where even roads with a width of 4m or less are specially recognized as roads.
However, even though it is permitted, it is necessary to set a width of 4m or more from the viewpoint of disaster prevention.Therefore, it was decided to secure a site facing the road according to a certain standard, and a rule was established that buildings such as fences and gates could not be built within this range, even if it was one's own site.This is called setback.
Another meaning of setback is a stepped building in which the upper floors are set back from the road so as not to block the sunlight on the road.
About setback boundaries
If the road is 3m, will I not be able to use even 1m of my site?Correctly, it is stipulated that "a line at a horizontal distance of 2 meters from the center line is regarded as the boundary line of the road", so 1.5m + 50cm means a 50cm setback.
Also, as an exception, if there is a cliff or river on the other side of the road, you cannot setback that much, so you will have to setback your own site.
Precautions when purchasing land with setbacks
As mentioned above, moats and fences cannot be built in the setback range, so when rebuilding, the site area and building area may decrease compared to before.Be careful, especially if the other side of the road is a cliff or river, as it can be significantly reduced.
In addition, the setback part is excluded from the site area when calculating the floor area ratio and building coverage ratio.It will be treated as a road and will not be subject to property tax, but you must declare it to the municipality in order to receive tax exemption.
By the way, the setback part cannot be used as a luggage storage area or a parking lot.
Summary
- Roads that have been in use since before 25 when the Building Standards Law was enforced and roads with a width of less than 4m were treated as special roads (deemed roads).
- From the standpoint of disaster prevention, on roads deemed to be treated as roads, a width of 4m or more must be left between the road and the site, and this is called a setback.
- The setback site is treated as a road, so it is tax exempt, but it cannot be used as a luggage storage area or parking space.
At Rich Road Co., Ltd., we will consistently support all aspects of investment real estate, from complete beginners to experienced people, from a wide range of real estate selection, loan consultations, post-purchase management, and renovations.
