Heavy Rain Causes “Catastrophe” Crisis…Unauthorized [8-meter-high wall of earth and sand] appears in an upscale residential area in Shibuya, and the neighbors are furiously protesting!

Is the legal battle a quagmire?

I’m very anxious. I can’t sleep properly at night thinking, ‘If that high wall of sand collapses, I’m going to have to go to …….'” (Local resident)

Tomigaya, Shibuya-ku, near Yoyogi Park, is one of the most exclusive residential areas in Tokyo. A big commotion is taking place in this area over fill.

There is a plan to build a three-story condominium, and demolition of the old building began in October 2012. However, the contractor demolished the retaining wall and excavated 4 meters without obtaining a permit under the law regulating soil fill, and then piled up the excavated earth and sand behind the retaining wall to create fill.

Please take a look at the photo (above). The site is a sloping area with narrow roads and houses densely packed together. Looking up from the south side of the slope, an 8-meter-high wall of earth and sand looms in front of you. A woman who lives in the area is indignant.

The demolition of the retaining wall was not permitted by the Shibuya Ward,” said a woman who lives in the area. In a mediation session involving the residents, the ward, and the contractor, experts criticized the construction without measures to prevent landslides, saying that it was ‘out of the ordinary.

We are very angry. Last October, we filed an administrative lawsuit against the Shibuya Ward and applied to the Tokyo District Court for a provisional injunction to stop the construction work. In March of this year, the district court found that the construction was illegal and issued a provisional ruling obligating the ward to order the contractor to halt construction.

This decision was in line with the purpose of the law regulating embankments, which was enacted in the wake of the July 2009 mudslide disaster in Atami City, Shizuoka Prefecture, which killed 28 people. However, the district appealed immediately against the decision, although the construction work was halted. The case is still being heard by the High Court. Shibuya Ward’s position is as follows.

However, the condition of the soil and sand from the demolition work changes on a daily basis, so there is no way to deal with the situation. The safety management of the cliff is to be carried out by the operator according to the Building Standards Law.

Ken Tomita, a real estate appraiser who is also familiar with the mudslide disaster in Atami, points out, “I have my doubts about the district’s judgment and system.

I have my doubts about the district’s judgment and system. The Fill Regulation Law is a new law, so there may be some variation in the interpretation of its application by each municipality, such as the exception provisions for demolition work. It is important to share examples among municipalities so as not to allow loopholes in the law, and to clarify where responsibility lies and establish an operational system.

Residents are living in fear of the risk of landslides caused by heavy rains or major earthquakes.

From the June 5 and 12, 2026 issue of FRIDAY