Introduction

In June 2026, a case was reported in Ebetsu City, Hokkaido, where a foreign national operating a used car export company repeatedly constructed illegal buildings despite receiving corrective guidance from the municipal government. At a press conference, the mayor of Ebetsu City sternly remarked, “It is malicious to do something knowingly.”

This case is not merely an isolated incident of violating the Building Standards Act. It represents a complex intersection of issues that foreign business owners in Japan must navigate: understanding Japanese laws, responding to administrative guidance, and maintaining valid immigration status.

As an immigration lawyer (administrative scrivener) specializing in visa applications and status of residence procedures, I will analyze this case from multiple perspectives and explain key points that foreign business owners and HR managers employing foreign nationals should be aware of.

1. Overview of the Case — What Happened?

What Is an Illegal Building?

In the Kadoyama district of Ebetsu City, within an urbanization control area, a foreign business owner operating a used car export company had constructed an office-cum-residence without obtaining the necessary building permits. An urbanization control area is a zone designated under the City Planning Act where “urbanization should be restrained,” and in principle, the construction of new buildings is restricted.

Corrective Guidance and Reconstruction

In December of last year, the city issued corrective guidance regarding this office-cum-residence. In February of this year, the building was completely destroyed by fire. City officials directly instructed the business owner not to place any new structures, and the owner reportedly understood this instruction.

However, in April, a new building was discovered on the site. The city has visited the company multiple times, but the owner has been in Pakistan and unavailable for meetings.

Background Tensions

In October of last year, a video highlighting illegal buildings and a mosque (Islamic prayer facility) in the area gained attention on social media, leading to incidents where fireworks were shot into the yards and mosque. Between February and March of this year, multiple fires occurred, and in May, a suspect in an arson attempt related to one of these fires was arrested. The situation has escalated beyond administrative guidance into serious community friction.

2. Urbanization Control Areas and the Building Standards Act — Understanding the Legal Framework

What Is an Urbanization Control Area?

Under the City Planning Act, municipalities across Japan designate “urbanization promotion areas” and “urbanization control areas.” In urbanization control areas, construction of buildings is restricted in principle to preserve agricultural land and natural environments.

To construct a building, one must obtain development permission under Article 29 of the City Planning Act or building permission under Article 43. Constructing without permission constitutes a violation of the Building Standards Act and may result in corrective orders and penalties (imprisonment or fines).

Steps in Corrective Administrative Guidance

Authorities typically follow these steps to seek correction:

  1. Guidance (Shidō) — Voluntary request for correction
  2. Recommendation (Kankoku) — Stronger administrative guidance
  3. Order (Meirei) — Legally binding corrective order
  4. Administrative Execution (Daikō Shikkō) — Forcible removal by authorities with costs charged to the violator
  5. Criminal Prosecution (Keiji Kokuhatsu) — Referral to criminal proceedings in egregious cases

This case is currently at the “guidance” stage, but repeated non-compliance may lead to orders or administrative execution.

3. “Doing It Knowingly” or “Not Understanding”?

The Mayor’s Remarks

The mayor stated, “It is malicious to do something knowingly,” but in reality, many cases involve individuals who “do not understand” the law.

Language and Cultural Barriers

The mayor himself acknowledged, “There are language barriers, and it may take time.” Japanese laws are filled with specialized terminology and complex procedures that are difficult even for native Japanese speakers, and these challenges are magnified for foreign nationals.

In some countries, it is common to freely erect temporary structures on vacant land. Japan’s strict building regulations may be “unexpected” for foreign nationals.

Absence of Interpreters and Specialists

It is also important whether the corrective guidance sessions included interpreters capable of accurately translating legal terminology or specialists such as administrative scriveners. Daily conversation-level interpretation may not accurately convey the legal implications.

4. Impact on Immigration Status — Business Visas and Legal Compliance

Requirements for the “Business Manager” Visa

When foreign nationals operate a business in Japan, they typically obtain a “Business Manager” visa (Status of Residence: Business Manager). Obtaining and renewing this visa requires:

  • Business stability and continuity
  • Lawful business operations
  • Physical existence of the business office

Impact of Illegal Construction

If an illegal building is used as a business office, the following risks arise:

  1. Denial of Business Office Legitimacy — Illegal buildings are not recognized as “lawful business offices.”
  2. Violation of Legal Compliance Obligations — Immigration status presupposes “compliance with Japanese laws.”
  3. Non-Renewal — Repeated illegal acts may result in denial of status renewal.
  4. Revocation of Status — In egregious cases, immigration status may be revoked.

Practical Advice

When applying for status renewal, applicants must submit photos of the business office, lease agreements, and other documents. Compliance with the Building Standards Act and City Planning Act may be scrutinized. Consulting with an administrative scrivener or architect in advance to assess legal risks is crucial.

5. What HR Managers Employing Foreign Nationals Should Know

Corporate Responsibility

If foreign employees are involved in illegal construction, the company may also be affected.

  • Compliance Risk — Employee misconduct can damage the company’s reputation
  • Impact on Work Visas — If an employee loses immigration status due to illegal acts, employment cannot continue
  • Legal Check of Company Housing — Companies must verify that provided housing is not illegally constructed

What HR Managers Can Do

  1. Comprehensive Orientation — Explain Japanese laws and lifestyle rules at onboarding
  2. Collaboration with Specialists — Partner with administrative scriveners and social insurance labor consultants to support foreign employees
  3. Regular Follow-Up — Monitor visa renewal schedules and check for legal issues

6. How Administrative Scriveners Can Help — Prevention and Resolution

Preventive Measures

  • Legal Review of Construction Plans — Verify compliance with the City Planning Act and Building Standards Act before construction
  • Pre-Consultation with Authorities — Coordinate with municipal urban planning and building guidance departments
  • Immigration Application Support — Prepare documents proving the lawfulness of the business office

Response to Incidents

  • Handling Corrective Guidance — Negotiate with authorities, arrange interpreters, and develop corrective plans
  • Minimizing Impact on Immigration Status — Prepare explanatory documents for immigration authorities and support renewal applications
  • Acting as Representative — Serve as a proxy in negotiations with authorities when the business owner is absent

7. Conclusion — Legal Compliance Is an Investment in the Future

The Ebetsu City case highlights the challenges foreign nationals face when doing business in Japan. However, these issues can be largely prevented through “prior understanding and preparation.”

Key Takeaways

  • Always consult specialists before construction
  • Understand the impact on immigration status
  • Establish support systems to overcome language barriers
  • Companies should understand the legal risks faced by foreign employees

Final Thoughts

Legal compliance is not merely an “obligation.” It is an “investment” that enhances business credibility, protects immigration status, and fosters good relationships with the local community.

If you have concerns about construction plans or immigration status, please feel free to contact us. Let’s work together to build a secure future.

🔗 Source Article: https://news.yahoo.co.jp/articles/333e2c6b2adbc27c348a52e0f5e79f6406186d6f

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