Integrated Legal Guide

4-4. Revised Logistics Efficiency Act and Building Regulations for Logistics Facilities

1. Legal Obligations and Requirements under the Revised Logistics Efficiency Act

In the Revised Logistics Efficiency Act (formerly the Act on Comprehensive Efficiency of Distribution Business), legal obligations (efforts obligations and various regulatory measures) are imposed in stages on shippers, 3PL operators (intermediary operators), and transport operators to reduce truck waiting and cargo handling times for drivers.

Because 3PL operators have a dual nature as "the shipper side acting as the orderer" and "the logistics operator side acting as the trustee," they are required to respond from both standpoints.

1.1 "Legal Duty to Make Efforts" Imposed on All Shippers and 3PL Operators

Regardless of business scale, shippers and 3PL operators who comprehensively undertake logistics from shippers bear a duty to make efforts to implement the following operations:

• Target Reduction of Waiting and Cargo Handling Times (In principle, within 2 hours):
  • Review operations to keep the driver's "waiting and cargo handling time from arrival to completion of unloading" to a total of within 2 hours in principle (target within 1 hour).
• Introduction of Reservation Systems and Shipping Leveling:
  • Create mechanisms to physically prevent waits, such as introducing berth reservation systems, relaxing delivery lead times, and dispersing time zones (avoiding concentrated collection/delivery).
• Clarification of Transport Contract Conditions:
  • Eliminate unfair "unpaid incidental work (manual loading/unloading, waiting for inspection, etc.)" and clarify contract details in writing or electronic data.

1.2 "Legal Obligations" Arising When Designated as a "Specified Operator"

When designated as a Specified Shipper / Specified Operator handling cargo above a certain scale (e.g., shippers handling annual cargo volume of 90,000 tons or more), legal obligations with penalties are imposed that go beyond a duty to make efforts.

Obligation Item	Main Content and Requirements	Penalties for Violation, etc.
Appointment of a Chief Logistics Officer (CLO)	Obligation to appoint and notify a person responsible for company-wide supervision of logistics efficiency for the company and its contractors from among executive management (officer/director class).	Violation of an appointment order is a fine of up to 1 million yen.
Creation and Submission of Medium- to Long-Term Plans	Submit specific targets and investment plans for shortening waiting times and improving loading rates to the competent minister.	Failure to submit or false submission is a fine of up to 500,000 yen.
Obligation of Periodic Reporting	Report actual measurements of waiting times and the achievement status of improvement targets to the government every fiscal year.	Failure to report or false reporting is a fine of up to 500,000 yen.

1.3 Roles and Precautions Unique to 3PL Operators (Intermediary Operators)

As "intermediary operators" standing directly between actual transport companies and shippers, 3PL operators must fulfill the following dual responsibilities.

1. Obligation to Consult with the Shipper Side: If waiting occurs due to the shipper's shipping instructions or designated deliveries, the responsibility to strongly urge the shipper to "relax delivery deadlines" and "share advance shipping data (ASN)."
2. Environmental Setup for Transport Operators: The responsibility to create an environment at logistics centers (warehouses) managed by the company where truck drivers are not forced to do manual handling or wait for long periods, by promoting palletization, presenting berth reservation systems, and having in-house staff handle forklift cargo handling.

If waiting times and cargo handling data are not visualized (e.g., via timestamps), the data foundation for creating medium- to long-term plans and periodic reports will be deemed insufficient, making the setup of data collection systems essential.

2. Explanation Regarding Building-Related Laws for Logistics Facilities

Building-related laws and regulations (Building Standards Act, City Planning Act, etc.) in the development and construction of logistics facilities are the fundamental rules that determine the scale, structure, and safety of the facility.

The main framework of legal regulations and the points that must be kept in mind during design are as follows:

2.1 Restrictions under the City Planning Act (Location and Land Use)

Logistics warehouses cannot be built just anywhere. They are subject to restrictions on "Land Use Zones" and "Development Permission" under the City Planning Act.

• Land Use Zone Restrictions (Areas where construction is possible):
  • Construction Possible: Exclusive industrial zones, industrial zones, semi-industrial zones, commercial zones, semi-residential zones, etc.
  • Construction Not Possible: Residential zones such as category I/II exclusive low-rise residential zones and category I exclusive medium-to-high-rise residential zones.
• Development Permission in Urbanization Control Areas (Article 34 of the City Planning Act):
  • When constructing in an urbanization control area, such as around an expressway interchange, construction is generally not permitted. However, in many cases, construction becomes possible by obtaining approval (special permission/development permission) from the Development Review Board of the prefecture, etc.

2.2 Regulations as a "Special Building" under the Building Standards Act

Warehouses with a floor area exceeding a certain scale fall under the category of "Special Buildings" under the Building Standards Act, and stricter safety standards are applied than for general office buildings.

① Structural Fire Resistance and Fire Prevention Requirements

• Structural Restrictions: If the floor area of the warehouse portion is 1,500㎡ or more (single-story or two-story), it is mandatory to make the main structural parts of the building at least "semi-fireproof structure," and for even larger scales (three stories or more and a warehouse portion of 200㎡ or more, etc.), a "fireproof structure" is mandatory.
• Fire Compartments (Area Compartments and Vertical Shaft Compartments):
  • Area Compartments: To prevent the horizontal spread of fire, compartmentation with fireproof walls or specific fire prevention equipment (fire shutters, etc.) is generally required every 1,500㎡ (or every 3,000㎡ when automatic fire extinguishing equipment such as sprinklers is installed).
  • Vertical Shaft Compartments: Vertical spaces such as freight elevators, stairs, and atriums are partitioned into vertical shaft compartments with fire doors or fire shutters.

② Evacuation Facilities and Interior Restrictions

• Evacuation Walking Distance: The walking distance from any arbitrary position within the warehouse to an emergency exit (evacuation stairs) is restricted (in the case of a fireproof structure, generally 50m or less).
• Smoke Exhaust Equipment: For warehouse compartments exceeding 500㎡ in floor area, the installation of natural smoke exhaust windows or mechanical smoke exhaust equipment is required.
• Interior Restrictions: To prevent fire from spreading in its initial stages, the use of non-combustible or semi-non-combustible materials for ceiling and wall finishing materials is mandatory.

2.3 Form Regulations (Building Coverage Ratio, Floor-Area Ratio, Height Restrictions)

These are the calculation formulas and relaxation exceptions that prescribe the volume of the building that can be built on the site.

Regulation Item	Overview and Basic Calculation	Relaxations / Exceptions for Logistics Facilities
Building Coverage Ratio	Ratio of "Building Area (footprint)" to the site area	An addition of +10% if conditions such as being a fireproof building in a fire prevention district are met. Also, deep eaves at truck berths can apply the "5m relaxation exception".
Floor-Area Ratio	Ratio of the "Total Floor Area" to the site area	Can utilize "exclusion from garages, etc. (maximum 1/5)" for truck berths and driveways, as well as the exclusion of floor area for elevator shafts.
Slant Line Restrictions / Height Restrictions	Road slant lines, adjacent site slant lines, absolute height restrictions, etc.	Pay attention to restriction judgments based on the tip position of the eaves and the setback distance from the road.

2.4 Coordination with the Fire Service Act and Warehousing Business Act

Clearing not only the Building Standards Act but also related linked laws is essential.

• Fire Service Act: Depending on the area and whether hazardous materials are stored, the installation of sprinkler equipment, automatic fire alarm equipment, and outdoor fire hydrants is mandatory. When handling hazardous materials (alcohols, oils, etc.), it acts as a "hazardous materials warehouse," and the hazardous materials safety supervisor regulations of the Fire Service Act take top priority.
• Warehousing Business Act (Registration of Commercial Warehouse): When registering as a "Commercial Warehouse" that rents out space to tenants or stores entrusted cargo, it is necessary to meet the performance standards for "moisture-proofing, waterproofing, load-bearing, and crime prevention" stipulated by the Ministry of Land, Infrastructure, Transport and Tourism, and to present a certificate of inspection under the Building Standards Act.