CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
The purposes of this Act are to improve the safety, functions, environment, and fine view of buildings, and to promote public welfare by establishing the standards for and purposes of use of sites, structures, and facilities of buildings.
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| Article 2 (Definitions) |
| (1) | The terms used in this Act are defined as follows: <Amended on Jun. 9, 2009, Sep. 16, 2011; Jan. 17, 2012; Mar. 23, 2013; Jan. 14, 2014; May 28, 2014; Jun. 3, 2014; Jan. 19, 2016; Feb. 3, 2016; Dec. 26, 2017; Apr. 7, 2020> |
| 1. | The term "site" means a parcel of land partitioned under the Act on the Establishment, Management, etc. of Spatial Data; provided, at least two parcels of land or part of at least one parcel of land may be deemed one site if they are parcels of land prescribed by Presidential Decree; |
| 2. | The term "building" means a structure fixed on land, with a roof and columns or walls, and facilities appurtenant thereto; an office, place for public performance, shop, garage, or warehouse installed in an underground or elevated structure; or other structures prescribed by Presidential Decree; |
| 3. | The term "use of a building" means classification of each building type according to similarity of structure, purpose of use, or form of buildings; |
| 4. | The term "building service" means a system installed in a building, such as a facility for electricity and telephone, high-speed information communications system, intelligent home networking system, facility for gas and water supply, water distribution, drainage, air ventilation, heating, cooling, fire-fighting, smoke ventilation, and disposal of wastes, chimney, elevator, lightning rod, flag pole, common antenna, cable television receiver, mail box, water reservoir, crime prevention facility, and other facilities specified by Decree of the Ministry of Land, Infrastructure and Transport; |
| 5. | The term "basement level" means a level below the ground level of a building, the average height of which from its floor up to the ground level shall be at least 1/2 of the height of the level; |
| 6. | The term "living room" means a room of a building, used for dwelling, business, work, meeting, recreation, or any other similar purpose; |
| 7. | The term "main structural member" means a bearing wall, column, floor, beam, roof truss, and main stairway; provided, excluded herefrom shall be quarterings, the lowest floor, a small beam, a sunshade, an outdoor stairway, and any other similar part not essential to the structure of a building; |
| 8. | The term "building" means newly constructing a building or extending, altering, reconstructing, or relocating an existing building; |
| 8-2. | The term "combined construction" means constructing a building by combining the floor area ratios set under Article 56 of at least two sites, instead of applying the floor area ratios to individual sites; |
| 9. | The term "substantial repair" means repairing, altering, or extending the structure or external form of columns, beams, bearing walls, main stairways, etc. of a building, which is prescribed by Presidential Decree; |
| 10. | The term "remodeling" means substantially repairing or partially extending a building to prevent its deterioration or for improving its functions; |
| 11. | The term "road" means any of the following roads or proposed roads with at least four-meter width for pedestrian and motor vehicle traffic, (or a road with a structure and width prescribed by Presidential Decree, if geographical features make use by motor vehicle traffic impossible, or it has a dead end): |
| a. | A road for which a public notice of new construction or alteration has been issued pursuant to the National Land Planning and Utilization Act, the Road Act, the Private Road Act, or other relevant statutes or regulations; |
| b. | A road, the location of which has been designated and publicly announced by the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) as at the time building permission is granted or a report on the building project therefor is filed; |
| 12. | The term "client" means a person who places an order for construction, substantial repair, or change of the use, of a building, installation of building service, or erection of a structure (hereinafter referred to as "construction, etc. of a building") to someone, or who conducts such construction works directly with a site manager employed; |
| 12-2. | The term "manufacturer" means a person who manufactures building materials necessary for the construction, substantial repair, or change of the use, of a building, installation of building service, or erection of a structure; |
| 12-3. | The term "distributor" means a person who sells building materials necessary for the construction, substantial repair, or change of the use of a building, installation of building service, or erection of a structure, or delivers them to a construction site; |
| 13. | The term "designer" means a person who prepares drawings and specifications under his or her responsibility (including where he or she performs such works with assistants), interprets the intent of the drawings and specifications, and provides guidance and advice on the drawings and specifications; |
| 14. | The term "drawings and specifications" means drawings, structural calculation sheets, specifications, and such other documents necessary for construction works as specified by Decree of the Ministry of Land, Infrastructure and Transport; |
| 15. | The term "project supervisor" means a person responsible for inspection of construction works to ensure that a building, building service, or a structure is built or erected in conformity to the details of drawings and specifications, under his or her responsibility (including where he or she performs such works with assistants), as prescribed by this Act, as well as for guidance and supervision over quality control, project management, safety control, etc.; |
| 16. | The term "contractor" means a person who performs construction works as defined in subparagraph 4 of Article 2 of the Framework Act on the Construction Industry; |
| 16-2. | The term "maintenance and management of a building" means managing a building by its owner or manager to continuously maintain the site, structure, facilities, and intended purpose of the building for which approval for use has been obtained, until the building is destroyed; |
| 17. | The term "related specialized engineer" means a holder of qualifications for a specialized area of engineering relating to a building, such as structures or building service, who participates in design and supervision of the building and cooperates with the designer and project supervisor; |
| 18. | The term "special building zone" means an area specially designated as exempt from some provisions or one to which such provisions may be applied leniently or applied by combining them under this Act, or relevant statutes or regulations, in order to facilitate the creation of urban aesthetics, the development of construction technology, and the improvement of systems relating to construction through the construction of harmonious and creative buildings; |
| 19. | The term "high-rise building" means a building with at least 30 floors or a building at least 120 meters tall; |
| 20. | The term "interior architecture" means dividing the interior space of a building with partitions or installing materials or decorations prescribed by Presidential Decree, such as wallpaper, ceiling materials, flooring materials, or glass, in order to use the indoor space of a building in a safe, pleasant, and efficient manner; |
| 21. | The term "appurtenant structure" means any structure prescribed by Presidential Decree, such as a ventilating facility, installed additionally on or in a building to improve the safety, functions, environments, etc. of the building. |
| (2) | The uses of buildings shall be classified into the following categories, and the subcategories of the uses of buildings in each category shall be prescribed by Presidential Decree: <Amended on Jul. 16, 2013> |
| 3. | Class 1 neighborhood living facilities; |
| 4. | Class 2 neighborhood living facilities; |
| 5. | Facilities for cultural activities and assembly; |
| 8. | Transportation facilities; |
| 10. | Education and research facilities; |
| 11. | Facilities for senior citizens and children; |
| 16. | Amusement facilities; |
| 19. | Facilities for storage and disposal of hazardous substances; |
| 20. | Facilities for motor vehicles; |
| 21. | Facilities for animals and plants; |
| 22. | Resource recycling-related facilities; |
| 23. | Correctional facilities and military installations; |
| 24. | Broadcasting and telecommunications facilities; |
| 25. | Power generation facilities; |
| 26. | Facilities related to cemeteries; |
| 27. | Tourism and leisure facilities; |
| 28. | Other facilities prescribed by Presidential Decree. |
| 29. | Other facilities prescribed by Presidential Decree. |
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| Article 3 (Exclusion from application) |
| (1) | This Act shall not apply to any building falling under any of the following subparagraphs: <Amended on Jan. 19, 2016; Nov. 26, 2019; Mar. 21, 2023; Aug. 8, 2023; Feb. 6, 2024> |
| 1. | Designated cultural heritage or provisionally designated cultural heritage under the Act on Conservation and Utilization of Cultural Heritage or natural monument designated pursuant to the Act on Preservation and Utilization of Natural Heritage, provisionally designated scenic spot, provisionally designated scenic spot, provisionally designated City/Do natural heritage, or data on provisional natural heritage; |
| 2. | Any of the following facilities within the site of a railroad or track: |
| a. | A facility for safety of operation; |
| b. | A pedestrian facility installed over or under a railroad; |
| d. | A facility for supplying water, coal, or oil for the operation of the railroad or track; |
| 3. | An expressway tollgate; |
| 4. | Temporary storage made of cargo containers (limited to those installed on the site of a building that shall be used only for a factory as defined in subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act and that shall be easily movable); |
| 5. | A floodgate control room within a river area determined under the River Act. |
| (2) | Articles 44 through 47,51, and 57 shall not apply to any area that is neither an urban area classified under the National Land Planning and Utilization Act nor a district-unit planning zone designated under Article 51(3) of the same Act (hereinafter referred to as "district-unit planning zone") and that is not in the boundary of a Dong or Eup (or an island within a Dong or Eup, only if the island has a population of at least 500). <Amended on Apr. 14, 2011; Jan. 14, 2014> |
| (3) | Articles 45 through 47 shall not apply where a building or structure referred to in Article 47(7) of the National Land Planning and Utilization Act is built on the site of a proposed road designated for the planned urban/Gun facility. <Amended on Apr. 14, 2011> |
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| Article 4 (Building committees) |
| (1) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall establish a building committee to investigate, deliberate on, mediate, and adjudicate on the following (hereafter in this Article referred to as "deliberation, etc."): <Amended on Apr. 1, 2009; Mar. 23, 2013; May 28, 2014> |
| 1. | Essential matters for the enactment, amendment, and enforcement of this Act and relevant municipal ordinances; |
| 2. | Matters concerning the mediation of, or adjudication on, disputes related to construction, etc. of buildings; provided, excluded herefrom shall be any building committee established by a Mayor/Do Governor, and the head of a Si/Gun/Gu; |
| 3. | Matters concerning civil petitions related to the construction, etc. of buildings; provided, excluded herefrom shall be any building committee established by the Minister of Land, Infrastructure and Transport; |
| 4. | Matters concerning the construction, etc. or substantial repair of buildings; |
| 5. | Matters specified by any other statutes or regulations to be deliberated upon by a building committee. |
| (2) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may organize and operate any of the following working committees under the building committee established thereby, if necessary for efficient deliberation, etc. by a building committee: <Amended on Apr. 1, 2009; Mar. 23, 2013; May 28, 2014> |
| 1. | A working committee for resolving construction disputes (limited to building committees established under the Ministry of Land, Infrastructure and Transport); |
| 2. | A working committee for construction-related civil petitions (limited to building committees established under a City/Do and Si/Gun/Gu); |
| 3. | A working committee for various fields, such as architectural planning, building structure, or building service. |
| (3) | Working committees established under paragraph (2) shall conduct deliberations, etc. on the matters determined by the building committees. <Amended on Apr. 1, 2009; May 28, 2014> |
| (4) | Matters deliberated on by any of working committees established under paragraph (3) shall be deemed deliberated on by a building committee. <Amended on Apr. 1, 2009; May 28, 2014> |
| (5) | The organization and operation of each building committee referred to in paragraph (1), and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport, or ordinance of the competent local government (referring to ordinance of the Special Metropolitan City or the competent Metropolitan City, where the building committee is established within an autonomous Gu; hereinafter the same shall apply), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
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| Article 4-2 (Deliberation on construction by building committees) |
| (1) | A person who intends to construct or substantially repair any building prescribed by Presidential Decree, shall file an application for deliberation thereon by a building committee established under Article 4 (hereinafter referred to as "building committee"), with a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Jan. 17, 2017> |
| (2) | Upon receipt of an application for deliberation filed under paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu shall submit the agenda items for deliberation to a building committee, as prescribed by Presidential Decree, and shall notify the relevant applicant of the outcomes thereof, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (3) | A person who has an objection to any of the outcomes of deliberation by a building committee notified under paragraph (2) may file an application for re-deliberation with the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu within one month from receipt of such outcomes. |
| (4) | Upon receipt of an application for re-deliberation filed under paragraph (3), a Mayor/Do Governor or the head of a Si/Gun/Gu shall submit the agenda items for re-deliberation within 15 days from receipt of the application, as prescribed by Presidential Decree, and shall notify the relevant applicant of the outcomes thereof, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
[This Article Added on May 28, 2014]
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| Article 4-3 (Disclosure of minutes of building committees) |
A Mayor/Do Governor or the head of a Si/Gun/Gu shall disclose the minutes stating the date, venue, agenda items, details, outcomes, etc. of deliberation by a building committee, as prescribed by presidential Decree, if requested by an applicant for deliberation under Article 4-2(1) (including re-deliberation under paragraph (3) of the same Article; hereafter in this Article the same shall apply); provided, this shall not apply to matters related to any personally identifiable information prescribed by Presidential Decree, including the committee members’ names and resident registration numbers, which could compromise the fairness of deliberation.
[This Article Added on May 28, 2014]
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| Article 4-4 (Working committees for construction-related civil petitions) |
| (1) | Working Committees for construction-related civil petitions established under Article 4(2) shall deliberate on any of the following civil petitions related to construction, etc. of buildings [limited to civil petitions unresolved (hereinafter referred to as "civil petition for inquiries") by the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "permitting authority")], and they shall be sub-classified into a working committee for construction-related civil petitions established by a Mayor/Do Governor (hereinafter referred to as "metropolitan working committee for construction-related civil petitions"), and a working committee for construction-related civil petitions established by the head of a Si/Gun/Gu (hereinafter referred to as "basic local working committee for construction-related civil petitions"): |
| 1. | Civil petitions regarding the implementation and enforcement of construction-related statutes and regulations; |
| 2. | Civil petitions regarding the implementation and enforcement of the provisions of Acts referred to in the subparagraphs of Article 11(5), which are related to construction, etc. of buildings; |
| 3. | Other civil petitions prescribed by Presidential Decree. |
| (2) | Metropolitan working committees for construction-related civil petitions shall deliberate on civil petitions for inquiries related to building permission or advance approval granted by the permitting authority or Do Governor (hereinafter referred to as "permitting authority, etc.") under Articles 11, and basic local working committees for construction-related civil petitions shall deliberate on civil petitions for inquiries related to building permission granted by, and reports filed with, the head of a Si/Gun/Gu (including the head of an administrative city) under Articles 11 and 14. |
| (3) | The composition, meetings, and operation of working committees for construction-related civil petitions, and other necessary matters shall be prescribed by ordinance of the competent local government. |
[This Article Added on May 28, 2014]
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| Article 4-5 (Applications for deliberation on civil petitions for inquiries) |
| (1) | A person who intends to apply for deliberation on a civil petition for inquiries related to construction, etc. of a building, shall file an application for deliberation with the competent working committee for construction-related civil petitions established under Article 4-4(2). |
| (2) | A person who intends to apply for deliberation under paragraph (1) shall file a written application, stating the following matters; provided, he or she may file an oral application, in exceptional circumstances preventing a written application: |
| 1. | Name and address of the applicant; |
| 2. | Purport of, and grounds for, filing the application, and the facts forming the basis for the civil petition; |
| 3. | Other matters prescribed by Presidential Decree, including the name of the relevant administrative agency. |
| (3) | Upon receipt of a civil petition for inquires filed by an applicant, a working committee for construction-related civil petitions shall complete deliberation within 15 days from receipt of such civil petition; provided, the working committee for construction-related civil petitions may extend such period by up to 15 days by resolution in exceptional circumstances. |
[This Article Added on May 28, 2014]
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| Article 4-6 (Investigations and hearing of opinions for deliberation) |
| (1) | A working committee for construction-related civil petitions may require a committee member or public official belonging to the secretariat thereof, to inspect related documents, or enter a relevant place of business to conduct investigations, if deemed necessary for deliberation. |
| (2) | A working committee for construction-related civil petitions may require the relevant applicant, the person-in-charge of the permitting authority, interested persons, or expert witness to appear at the meeting of the committee to state their opinions, if deemed necessary. |
| (3) | A working committee for construction-related civil petitions in receipt of an application for deliberation on a civil petition shall deliberate thereon within the deliberation period and prepare a written determination. |
[This Article Added on May 28, 2014]
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| Article 4-7 (Presentation of opinions) |
| (1) | A working committee for construction-related civil petitions may present opinions on a civil petition for inquiries after thoroughly reviewing the relevant statutes and regulations, authoritative interpretations of relevant administrative agencies, judicial precedents on cases similar to such civil petition, and conditions of the relevant construction site. |
| (2) | A working committee for construction-related civil petitions shall, without delay, notify the relevant applicant, permitting authority, etc. of the details of the written determination on the civil petition. |
| (3) | A permitting authority, etc. notified of the details of the written determination pursuant to paragraph (2) shall respect such determination, and shall notify the relevant working committee for construction-related civil petitions of the action taken in response to such determination, within ten days from the receipt of such notification. |
| (4) | Where the head of a Si/Gun/Gu fails to comply with any of the details of the written determination under paragraph (2), the relevant civil petitioner may file an application for deliberation thereon with the relevant metropolitan working committee for construction-related civil petitions, accompanied by a report on the action taken in response to such determination by the head of a Si/Gun/Gu, notwithstanding Article 4-4(2). |
| (5) | A working committee for construction-related civil petitions notified of the action taken in response to the determination under paragraph (3) shall, without delay, notify the relevant applicant of the details thereof. |
[This Article Added on May 28, 2014]
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| Article 4-8 (Secretariats) |
| (1) | A working committee for construction-related civil petitions shall establish a secretariat to conduct its affairs. |
| (2) | Examiners shall be assigned to a working committee for construction-related civil petitions to take charge of some of the following affairs: |
| 1. | Deliberation by, and operation of, the working committee for construction-related civil petitions; |
| 2. | Support for resolving civil petitions related to the construction, etc. of buildings; |
| 3. | Other affairs designated by the chairperson of the working committee for construction-related civil petitions. |
| (3) | To provide expert advice on specific cases, the chairperson of a working committee for construction-related civil petitions may appoint relevant experts to conduct the affairs listed under paragraph (2). |
[This Article Added on May 28, 2014]
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| Article 5 (Relaxed application) |
| (1) | If a client, designer, contractor, or project supervisor (hereinafter referred to as "construction participant") deems it highly unreasonable to apply this Act to a site or building prescribed by Presidential Decree, in the course of his or her works, he or she may request the permitting authority to relax the criteria under this Act. <Amended on Jan. 14, 2014; May 28, 2014> |
| (2) | The competent permitting authority, in receipt of a request made under paragraph (1), shall determine whether to allow such relaxation and to what extent such relaxation shall be allowed, subject to deliberation by the relevant building committee, and shall notify the applicant of his or her determination. <Amended on May 28, 2014> |
| (3) | Procedures for making requests and determinations under paragraphs (1) and (2), and other necessary matters shall be prescribed by ordinance of the competent local government. |
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| Article 6 (Special cases concerning existing buildings) |
Where a site or a building violates any provision of this Act as a consequence of the enactment of, or amendment to, a statute or regulation or due to any of the reasons prescribed by Presidential Decree, the competent permitting authority may grant permission for construction, as prescribed by ordinance of the competent local government, to the extent prescribed by Presidential Decree.
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| Article 6-2 (Special cases concerning building of unique structures) |
`Articles 4, 4-2 through 4-8, 5 through 9, 11, 14, 19, 21 through 25, 35, 40, 41, 48, 48-2, 49, 50, 50-2, 51, 52, 52-2, 52-3, 53, 62 through 64, 65-2, 67, 68, and 84 may be tightened or modified, as prescribed by Presidential Decree, when they apply to buildings prescribed by Presidential Decree, with special structures, materials, types, construction methods, etc. (hereinafter referred to as "buildings of unique structures"). <Amended on Apr. 23, 2019; Apr. 30, 2019>
[This Article Added on Jan. 6, 2015]
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| Article 6-3 (Special cases concerning floating buildings) |
| (1) | Articles 40 through 44,46, and 47 may otherwise apply, as prescribed by Presidential Decree, to a building constructed on an artificial building site fixed on the public waters (such site shall be deemed a "site" defined in Article 2(1)1) under Article 8 of the Public Waters Management and Reclamation Act (hereinafter referred to as "floating building"). |
| (2) | Where it is not practical to apply this Act to the design, construction, maintenance, etc. of floating buildings, this Act may apply as modified, as prescribed by Presidential Decree. |
[This Article Added on Jan. 19, 2016]
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| Article 7 (Municipal ordinances of Dos to maintain uniformity) |
Each Do government may enact a uniform municipal ordinance to prescribe matters to be prescribed otherwise by municipal ordinance of each Si/Gun respectively pursuant to Articles 5(3),6,17(2),20(2)3,27(3),42,57(1),58, and 61, if deemed necessary to maintain uniformity in municipal ordinances of Sis/Guns within its jurisdiction. <Amended on Jan. 14, 2014; May 18, 2015>
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| Article 8 (Special cases in case of remodeling) |
If an application for building permission is filed for multi-family housing with a structure prescribed by Presidential Decree, the standards provided for in Articles 56,60, and 61 may be relaxed to a ratio prescribed by Presidential Decree within the extent of 120/100, to apply the standards to such application, in order to facilitate the construction of multi-family housing with an easy-to-remodel structure.
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| Article 9 (Exclusion of other statutes and regulations) |
| (1) | Article 244(1) of the Civil Act shall not apply to cases where the excavation of basement levels is required for construction, etc. of a building; provided, measures necessary for safety shall be taken to prevent hazards. |
| (2) | Article 38 of the Sewerage Act shall not apply to the planning and design works of a private sewage treatment facility appurtenant to a building. |
CHAPTER II CONSTRUCTION OF BUILDINGS
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| Article 10 (Predetermination on location and scale of buildings) |
| (1) | Each person who intends to construct a building that requires building permission under Article 11, may file an application to request the competent permitting authority to make a predetermination on the following matters concerning the construction of the building: <Amended on May 18, 2015> |
| 1. | Whether the construction of such building on the relevant site is permitted under this Act, or related statutes or regulations; |
| 2. | The scale of a building that can be constructed on the relevant site, taking into consideration the building code and restrictions on construction under this Act, or related statutes or regulations, matters concerning the relaxed application thereof, etc.; |
| 3. | Matters to be considered by an applicant to obtain building permission. |
| (2) | Each person who files an application for predetermination under paragraph (1) (hereinafter referred to as "applicant for predetermination") may simultaneously file an application for deliberation by the competent building committee and for examination on the traffic impact assessment statement under the Urban Traffic Improvement Promotion Act. <Amended on Mar. 28, 2008; Jul. 24, 2015> |
| (3) | Where the area of the building site for which an application for predetermination has been filed in accordance with paragraph (1) is subject to a mini environmental impact assessment under Article 43 of the Environmental Impact Assessment Act, the competent permitting authority shall consult with the Minister of Climate, Energy and Environment or the head of the competent local environment office on the mini environmental impact assessment. <Amended on Jul. 21, 2011; Oct. 1, 2025> |
| (4) | Upon receipt of an application filed under paragraphs (1) and (2), the competent permitting authority shall make a predetermination on the location, scale, and use of the building and notify the applicant of the results thereof. |
| (5) | Procedures for filing applications under paragraphs (1) and (2), documents required for filing such applications, and notice thereof, and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (6) | In receipt of a notice of predetermination under paragraph (4), an applicant shall be deemed to have obtained permission, filed a report, or held a consultation specified in the following: <Amended on May 31, 2010> |
| 1. | Permission for development activities under Article 56 of the National Land Planning and Utilization Act; |
| 2. | Permission for, and reporting on, the diversion of a mountainous district under Articles 14 and 15 of the Mountainous Districts Management Act, or permission for, and reporting on, the temporary use of a mountainous district under Article 15-2 of the same Act; provided,, if the mountainous district is subject to conservation, the same shall apply only to such within an urban area; |
| 3. | Permission for, and reporting or consultation on, the conversion of farmland under Articles 34,35, and 43 of the Farmland Act; |
| 4. | Permission to occupy and use a river under Article 33 of the River Act. |
| (7) | A competent permitting authority shall consult with the head of the relevant administrative agency before making a predetermination that involves in any disposition under the subparagraphs of paragraph (6), and the head of the administrative agency shall, upon receipt of a request for consultation, present his or her opinion within 15 days from receipt of such request. |
| (8) | Where the head of an administrative agency fails to submit his or her opinion within the period specified in paragraph (7) (referring to an extended period if the answer period is extended pursuant to Article 20(2) of the Civil Petitions Treatment Act), a consultation shall be deemed held. <Added on Dec. 18, 2018> |
| (9) | An applicant for a predetermination shall file an application for building permission under Article 11 within two years of the date of receipt of a notice of predetermination under paragraph (4), and the predetermination shall become invalid if he or she fails to file an application for building permission within the aforesaid period. <Amended on Dec. 18, 2018> |
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| Article 11 (Building permission) |
| (1) | A person who intends to construct a new building or substantially repair an existing building, shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu; provided, a person who intends to construct a building for the use and scale prescribed by Presidential Decree, including a building with at least 21 floors, within the Special Metropolitan City or a Metropolitan City, shall obtain permission from the competent Special Metropolitan City Mayor or Metropolitan City Mayor. <Amended on Jan. 14, 2014> |
| (2) | The head of a Si/Gun shall submit architectural plans accompanied by basic drawings and specifications indicating the use, scale, and form of the building, as specified by Decree of the Ministry of Land, Infrastructure and Transport, to the competent Do Governor for approval before granting building permission for any of the following buildings pursuant to paragraph (1): <Amended on Mar. 23, 2013; May 28, 2014> |
| 1. | A building referred to in the proviso to paragraph (1); provided, excluded herefrom shall be buildings prescribed by ordinance of the relevant Do, based upon an urban environment, metropolitan transportation, etc.; |
| 2. | A building for the use prescribed by Presidential Decree, such as a building for amusement or lodging facilities, to be constructed within a specific area designated and publicly announced by a Do Governor to conserve the natural environment or water quality, with at least 3 floors or at least 1,000 square meters of total floor area; |
| 3. | A building for amusement or lodging facilities to be constructed within a specific area designated and publicly announced by a Do Governor, as deemed necessary to protect the surrounding environment, such as a residential or educational environment. |
| (3) | A person who intends to obtain permission under paragraph (1) shall file an application with the competent permitting authority for such permission, accompanied by the drawings and specifications prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and applications and required documents to be submitted under related statutes or regulations to obtain permission, etc. or to file reports referred to in the subparagraphs of paragraph (5); provided, he or she may submit the applications and required documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport, which the Minister of Land, Infrastructure and Transport determines in consultation with the heads of related administrative agencies, before filing a report on the commencement of the construction works under Article 21. <Amended on Mar. 23, 2013; May 18, 2015> |
| (4) | A permitting authority shall confirm the compliance with the Korea Building Regulations publicly announced under Article 25 of the Framework Act on Building in order to grant building permission under paragraph (1); provided, it need not grant building permission following deliberation thereon by the competent building committee, in either of the following circumstances, notwithstanding this Act or any other Act: <Amended on Jan. 17, 2012; Oct. 22, 2012; Jan. 14, 2014; May 18, 2015; Aug. 11, 2015; Apr. 18, 2017; Dec. 26, 2023> |
| 1. | In granting building permission to construct a building for amusement facilities or lodging facilities, the use, scale, or form of the building is deemed inappropriate based upon the surrounding environment, such as a residential or educational environment; |
| 2. | Where it is deemed inappropriate to use part of the relevant space of a building to be constructed in a frequently-flooded or flood-prone area prescribed by Presidential Decree, including a disaster-prevention district designated under Article 37(1)4 of the National Land Planning and Utilization Act (hereinafter referred to as "disaster- prevention district") and an area requiring improvement against natural disasters under Article 12(1) of the Countermeasures against Natural Disasters Act, for residential purposes, or to install a living room. |
| (5) | Building permission granted under paragraph (1) shall be deemed the following permission granted or reporting filed, while building permission granted for a factory building shall be deemed authorization, permission, etc. or permission, etc. granted under the relevant Acts, pursuant to Articles 13-2 and 14 of the Industrial Cluster Development and Factory Establishment Act. <Amended on Jun. 9, 2009; May 31, 2010; May 30, 2011; Jan. 14, 2014; Jan. 17, 2017; Mar. 31, 2020> |
| 1. | Reporting on the construction of a temporary building for construction works under Article 20(3); |
| 2. | Reporting on the construction of a structure under Article 83; |
| 3. | Permission for development activities under Article 56 of the National Land Planning and Utilization Act; |
| 4. | Designation of a project implementer under Article 86(5) of the National Land Planning and Utilization Act and authorization of an implementation plan under Article 88(2) of the said Act; |
| 5. | Permission for, and reporting on, the diversion of a mountainous district under Articles 14 and 15 of the Mountainous Districts Management Act, or permission for, or reporting on, the temporary use of a mountainous district under Article 15-2 of the same Act; provided, if a mountainous district is subject to conservation, the same shall apply only to such within an urban area; |
| 6. | Permission to open a private road under Article 4 of the Private Road Act; |
| 7. | Permission for, or reporting or consultation on, the conversion of farmland under Article 34, 35, or 43 of the Farmland Act; |
| 8. | Permission granted to conduct construction works by persons, other than road management authorities under Article 36 of the Road Act, and permission for linking roads with other facilities under Article 52(1) of the same Act; |
| 9. | Permission to occupy and use roads under Article 61 of the Road Act; |
| 10. | Permission to occupy and use rivers under Article 33 of the River Act; |
| 11. | Reporting on the installation of drainage systems under Article 27 of the Sewerage Act; |
| 12. | Reporting on the installation of private sewage treatment facilities under Article 34(2) of the Sewerage Act; |
| 13. | Filing an application for water supply under ordinance enacted by the competent local government pursuant to Article 38 of the Water Supply and Waterworks Installation Act, if the water supplier is the local government; |
| 14. | Authorization for, or reporting on, a construction plan of an electric facility for private use pursuant to Article 8 of the Electrical Safety Management Act; |
| 15. | Permission for, or reporting on, the installation of facilities for discharging water pollutants under Article 33 of the Water Environment Conservation Act; |
| 16. | Permission for, or reporting on, the installation of facilities for emitting air pollutants under Article 23 of the Clean Air Conservation Act; |
| 17. | Permission for, or reporting on, the installation of facilities generating noise or vibration under Article 8 of the Noise and Vibration Control Act; |
| 18. | Permission for, or reporting on, the installation of waste-generating facilities under Article 11 of the Act on the Management and Use of Livestock Excreta; |
| 19. | Permission to engage in activities under Article 23 of the Natural Parks Act; |
| 20. | Permission to occupy and use an urban park under Article 24 of the Act on Urban Parks and Green Areas; |
| 21. | Reporting on specific facilities subject to restriction on soil contamination under Article 12 of the Soil Environment Conservation Act; |
| 22. | Permission for an act under Article 52(2) of the Fishery Resources Management Act; |
| 23. | Permission for, and report on, conversion of grassland under Article 23 of the Grassland Act. |
| (6) | If any other administrative agency has jurisdiction over any matter provided for in any subparagraph of paragraph (5), the competent permitting authority shall, in advance, consult thereon with the head of such administrative agency, and the head of such administrative agency shall, upon receipt of a request for consultation, present his or her opinion within 15 days from receipt of such request. In such cases, the head of the relevant administrative agency shall not refuse to hold consultation on any ground, other than those in the processing guidelines prescribed in paragraph (8); and if he or she fails to submit his or her opinion within 15 days from receipt of the request for consultation, it shall be deemed that an agreement has been reached. <Amended on Jan. 17, 2017> |
| (7) | The competent permitting authority shall revoke permission granted to a person pursuant to paragraph (1), if the person falls under any of the following cases; provided, the permitting authority may extend the deadline for the commencement of construction works by up to one year, if the permitting authority deems that just cause exists in the circumstance provided for in subparagraph 1: <Amended on Jan. 14, 2014; Jan. 17, 2017; Jun. 9, 2020> |
| 1. | If the person fails to commence construction works within two years (three years for a factory, for which new construction, expansion, or alteration of the type of business is approved under Article 13 of the Industrial Cluster Development and Factory Establishment Act) from the date he or she is granted the permission; |
| 2. | If the person commences construction works within the period specified in subparagraph 1, but it is deemed impossible to complete the project; |
| 3. | If it is deemed impossible to commence construction works after six months have passed from the time the client lost ownership of the site due to an auction, public auction, etc. before reporting on commencement of construction works under Article 21. |
| (8) | The head of the competent central administrative agency taking control of matters provided for in any subparagraph of paragraph (5) and the relevant statute or regulation referred to in Article 12(1) shall notify the Minister of Land, Infrastructure and Transport of the processing guidelines. The same shall also apply to any amendment to the processing guidelines. <Amended on Mar. 23, 2013> |
| (9) | The Minister of Land, Infrastructure and Transport shall, upon receipt of notice of the processing guidelines under paragraph (8), combine them to issue public notice. <Amended on Mar. 23, 2013> |
| (10) | Where a person who has undergone deliberation by a building committee under Article 4(1) fails to file an application for building permission within two years from the date he or she is notified of the outcomes of deliberation, such deliberation by the building committee becomes invalid. <Added on May 30, 2011> |
| (11) | A person who intends to obtain building permission under paragraph (1) shall secure the ownership of the relevant site; provided, the same shall not apply to any of the following cases: <Added on Jan. 19, 2016; Jan. 17, 2017; Aug. 10, 2021> |
| 1. | Where the client has failed to obtain the ownership of the site but obtained the right to use the site; provided, multi-family housing for sale in units shall be excluded herefrom; |
| 2. | Where the client obtains consent from at least 80/100 of the co-owners of a building and the relevant site to newly construct, alter, reconstruct, or remodel the building due to any reason prescribed by Presidential Decree, such as the deterioration of a building or problems concerning structural safety, and the aggregate share of the co-owners who have given consent is at least 80/100 of the total share; |
| 3. | Where the client verifies relationship of rights and duties concerning the ownership, etc. of the site to which Article 21 of the Housing Act applies mutatis mutandis, in order to build housing units and non-housing facilities in the shape of the same building after obtaining building permission pursuant to paragraph (1); provided, the foregoing shall apply only where housing units, the number of which is not less than the number prescribed by Presidential Decree that is referred to in the main clause of Article 15(1) of the Housing Act, with the exception of its subparagraphs, are to be constructed and supplied; |
| 4. | Where, with respect to the state-owned land or public land included in the site for constructing the building, the permitting authority confirms that the managing authority of the relevant land intends to sell or transfer the relevant land to the client; |
| 5. | Where the client proves the fact that a resolution was made under Article 15(1) of the Act on Ownership and Management of Condominium Buildings to change a common area of a condominium building. |
| 6. | Where the client proves the fact that a resolution was made under Article 47 of the Act on Ownership and Management of Condominium Buildings to rebuild a condominium building. |
| (12) | The competent permitting authority shall, when granting building permits for lodging facilities prescribed by Decree of the Ministry of Land, Infrastructure and Transport under paragraph (1), inform the applicant of the requirements for approval for use under Article 22(2)3, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Aug. 26, 2025> |
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| Article 12 (One-stop-service council for processing complex civil petitions) |
| (1) | When the competent permitting authority intends to grant permission pursuant to Article 11, the authority shall verify whether the project for constructing a building for the intended use, and of the scale or form on the planned site is in conformity with Articles 54,56 through 62, and 76 through 82 of the National Land Planning and Utilization Act and other relevant statutes or regulations prescribed by Presidential Decree, and shall hold a meeting of the one-stop-service council for processing complex civil petitions, as prescribed by Presidential Decree, to process the matters described in the subparagraphs of Article 10(6) and (7) or the subparagraphs of Article 11(5) and (6). |
| (2) | The head of the administrative agency relating to statutes or regulations requiring verification under paragraph (1) and the heads of relevant administrative agencies referred to in Articles 10(7) and 11(6) shall have public officials under their jurisdiction attend meetings of the one-stop-service council for processing complex civil petitions referred to in paragraph (1). |
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| Article 13 (Deposits for safety control of construction sites) |
| (1) | Any person granted building permission under Article 11 shall take necessary measures, including improving the aesthetics and safety control of the site in order to suspend construction works on the building and abandons the construction site for a long period. |
| (2) | With regard to a building specified by ordinance of the competent local government, which has a total floor area of at least 1,000 square meters (excluding a building sold in units under a guarantee of the Housing and Urban Guarantee Corporation established under the Housing and Urban Fund Act and a building constructed under a guarantee for sale in units or a trust contract under Article 4(1)1 of the Act on Sale of Building Units), the permitting authority may require the client who has filed a report on the commencement of the construction works under Article 21 (excluding the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act and a local public corporation established under the Local Public Enterprises Act for implementing construction projects) to deposit, in advance, funds necessary for improving the aesthetics and safety control of the site in preparation for hazards caused by abandoning the construction site for a long period within one percent of the project costs (including a letter of guarantee prescribed by Presidential Decree; hereinafter referred to as "deposit"). <Amended on Dec. 18, 2012; May 28, 2014; Jan. 6, 2015> |
| (3) | Where the competent permitting authority refunds a deposit, he or she shall pay interest calculated at the interest rate set by Presidential Decree, in addition to the refunded principal; provided, the same shall not apply where a letter of guarantee is submitted in lieu of such deposit. |
| (4) | The method of calculating and making a deposit under paragraph (2) and of refunding the same, and other necessary matters, shall be prescribed by ordinance of each local government. |
| (5) | Where the competent permitting authority finds that an abandoned construction site degrades the cityscape and threatens safety, he or she may issue an order to the person granted building permission to take any of the following measures to improve the aesthetics and safety control of the construction site: <Amended on May 28, 2014; Apr. 30, 2019; Jun. 9, 2020> |
| 1. | Safety measures, such as installing safety fences; |
| 2. | Resumption of construction works, or rearrangement, such as demolishing a building under construction. |
| (6) | In receipt of an improvement order under paragraph (5), if a person fails to make improvements, the competent permitting authority may make improvements on behalf of the person pursuant to the Administrative Vicarious Execution Act. In such cases, the competent permitting authority may use the deposit paid by the client under paragraph (2) for expenses incurred in the vicarious administrative execution, and if the expenses incurred in such vicarious administrative execution exceed the amount of the deposit already paid, the difference may be charged and levied as a surcharge pursuant to Article 6 of the Administrative Vicarious Execution Act. |
| (7) | Where it is deemed urgently necessary for safety control of an abandoned construction site, the permitting authority may take any measure prescribed by Presidential Decree among those referred to in paragraph (5)1, using the deposit paid by the client under paragraph (2) after giving notice to the relevant client, as prescribed by Presidential Decree. <Added on May 28, 2014> |
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| Article 13-2 (Safety impact assessments for buildings) |
| (1) | The competent permitting authority shall request a safety impact assessment institution to conduct a safety impact assessment for a building to evaluate the impact of its structure, ground, wind environment, and other factors on the structural safety of the building and the safety of adjoining sites (hereinafter referred to as "safety impact assessment"), before granting permission to construct major buildings prescribed by Presidential Decree such as skyscrapers, pursuant to Article 11. <Amended on Mar. 16, 2021> |
| (2) | The Minister of Land, Infrastructure and Transport shall designate and publicly notify safety impact assessment institutions from among the public institutions referred to in Article 4 of the Act on the Management of Public Institutions engaged in the business related to construction. |
| (3) | The outcomes of the safety impact assessment shall be finalized following deliberation by the competent building committee. In such cases, a building subject to deliberation by the building committee under Article 4-2 may be deliberated on by the building committee, including the outcomes of the safety impact assessment. |
| (4) | The client of a building subject to the safety impact assessment shall reflect the outcomes of the safety impact assessment in the drawings and documents to be submitted when applying for building permission, and where it is deemed impracticable to reflect it because of the building plan, he or she may request the permitting authority to conduct re- deliberation of the building committee, accompanied by evidentiary materials. |
| (5) | Other necessary matters, such as items to be examined for the safety impact assessment, entrustment of the safety impact assessment by a client, and procedures for the payment and handling of assessment costs, shall be prescribed by Presidential Decree. |
| (6) | A permitting authority shall immediately disclose the outcomes of deliberation and the details of the safety impact assessment conducted under paragraphs (3) and (4), in the manner prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (7) | Where a building subject to the safety impact assessment has undergone an assessment of its structural safety and impact on the safety of adjoining sites, etc. under other Acts, it shall be deemed to have undergone a safety impact assessment of the relevant items. |
[This Article Added on Feb. 3, 2016]
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| Article 14 (Notification of building construction) |
| (1) | Even where a building is subject to permission under Article 11, building permission shall be deemed granted if a report is pre-filed with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, if it falls under any of the following cases: <Amended on Feb. 6, 2009; Apr. 14, 2011; Mar. 23, 2013; Jan. 14, 2014; May 28, 2014> |
| 1. | Extending, altering, or reconstructing the floor area of a building within an aggregate of 85 square meters; provided,, if a building has at least three floors, the aggregate floor area of the building to be extended, altered, or reconstructed shall not exceed 1/10 of the total floor area; |
| 2. | Constructing a building with a total floor area of less than 200 square meters and less than three floors in a controlled area, an agricultural and forest area, or a natural environment conservation area designated under the National Land Planning and Utilization Act; provided, excluded herefrom shall be the construction of a building in any of the following zones: |
| a. | A district-unit planning zone; |
| b. | A disaster-vulnerable district and zone prescribed by Presidential Decree, such as a disaster-prevention district; |
| 3. | Substantial repair of a building with a total floor area of less than 200 square meters and less than three floors; |
| 4. | Substantial repair of a building prescribed by Presidential Decree without demolishing its main structural members; |
| 5. | Construction of any small building prescribed by Presidential Decree. |
| (2) | Article 11(5) and (6) shall apply mutatis mutandis to notifications of building construction filed under paragraph (1). <Amended on May 28, 2014> |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify a person who has submitted a report, of whether his or her report is accepted or whether the processing period prescribed by statutes or regulations related to civil petitions is extended, within five days from the date the report under paragraph (1) is received; provided, where any deliberation, consent, consultation, verification, or any similar measure is necessary under this Act, or other statutes or regulations, notification shall be given within 20 days. <Added on Apr. 18, 2017> |
| (4) | Where a report submitted pursuant to paragraph (1) falls under the proviso to paragraph (3), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the person who has filed the report, of the details thereof within five days from the date the report is received. <Added on Apr. 18, 2017> |
| (5) | A report filed under paragraph (1) shall become invalid, if the person who has filed the report fails to commence construction works within one year from the date such report is filed; provided, the permitting authority may extend the deadline for the commencement of construction works by up to one year, if the permitting authority deems that just cause exists upon the request of the client. <Amended on Jan. 19, 2016; Apr. 18, 2017> |
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| Article 15 (Contracting with clients) |
| (1) | Construction participants shall perform their works conscientiously in accordance with drawings and specifications so that the relevant building can be constructed in compliance with this Act, orders and dispositions under this Act, and other relevant statutes and regulations, and shall not coerce any other party to commit an illegal or unlawful act or disadvantage any other party regarding such demand. |
| (2) | Except as otherwise expressly provided for in this Act, the terms, conditions, and scope of liability of all construction participants shall be stipulated by agreements made by and between the client and the designer, the client and the contractor, and the client and the project supervisor. |
| (3) | The Minister of Land, Infrastructure and Transport may prepare and distribute standard contract forms necessary for entering into agreements under paragraph (2) so that they can be widely used, or may commission the Registered Architects Association under Article 31 of the Certified Architects Act (hereinafter referred to as the "Registered Architects Association") or an association of construction business entities defined in Article 50 of the Framework Act on the Construction Industry to prepare and distribute such forms. <Amended on Mar. 23, 2013; Jan. 14, 2014; Apr. 30, 2019> |
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| Article 16 (Change to matters permitted and reported) |
| (1) | A client who intends to change any matter permitted or reported under Article 11 or 14, shall obtain permission for the change from the competent permitting authority or notify the change to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree, prior to making such change; provided, the same shall not apply to any modification of minor matters prescribed by Presidential Decree. <Amended on Jan. 14, 2014> |
| (2) | A report on the change to matters prescribed by Presidential Decree among matters subject to permission or reporting under the main clause of paragraph (1) may be filed with the competent permitting authority together with an application for approval for use under Article 22 at the time such application is filed. |
| (3) | Article 11(5) and (6) shall apply mutatis mutandis to permission for change to the permitted matters under paragraph (1). <Amended on Apr. 18, 2017> |
| (4) | Articles 11(5) and (6) and 14(3) and (4) shall apply mutatis mutandis to notifications of change to the reported matters under paragraph (1). <Added on Apr. 18, 2017> |
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| Article 17 (Fees for building permission) |
| (1) | Each person who files an application for permission or files a report under Articles 11,14,16,19,20, or 83 shall pay fees to the competent permitting authority or the authority receiving the report. |
| (2) | Fees referred to in paragraph (1) shall be prescribed by ordinance of the relevant local government within the limit set by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
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| Article 17-2 (Claims for sale) |
| (1) | A client who has been granted building permission under Article 11(11)2, may claim the sale of a co-owned share at the market price to the co-owner who has not given consent among the co-owners of the relevant building or site. In such cases, he or she shall hold consultations for at least three months with the co-owner who is the respondent of the claim for sale, before making a claim for sale. |
| (2) | Article 48 of the Act on Ownership and Management of Condominium Buildings shall apply mutatis mutandis to claims for sale made under paragraph (1). In such cases, divided ownership or the right to use a site shall be deemed a co-owned share that becomes the subject matter of a claim for sale. |
[This Article Added on Jan. 19, 2016]
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| Article 17-3 (Disposition of co-owned share with unidentifiable owner) |
| (1) | Where it is substantially impracticable to identify the domicile of a co-owner of the relevant building or site, the client who has been granted building permission under Article 11(11)2, shall make a public announcement in at least two daily newspapers circulating nationwide on at least two occasions, and the co-owned shares shall be deemed a building or site subject to a claim for sale under Article 17-2. |
| (2) | A client may commence construction works after depositing an amount equivalent to the appraised value of the co-owned shares subject to a claim for sale under paragraph (1). |
| (3) | The appraised value of the co-owned shares referred to in paragraph (2) shall be the arithmetic mean of the values appraised by at least two appraisal corporations registered under the Act on Appraisal and Certified Appraisers recommended by the permitting authority. <Amended on Jan. 19, 2016; Apr. 7, 2020> |
[This Article Added on Jan. 19, 2016]
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| Article 18 (Restrictions on granting building permission) |
| (1) | Where the Minister of Land, Infrastructure and Transport deems it particularly necessary for managing the national land, or if requested by the competent Minister as he or she deems it particularly necessary for national defense, for conserving national heritage under Article 3 of the Framework Act on National Heritage and the environment, or for the national economy, he or she may impose a restriction on building permission granted by a permitting authority or on the commencement of the permitted construction works. <Amended on Mar. 23, 2013; May 16, 2023> |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, and a Do Governor may impose a restriction on building permission granted by the head of a Si/Gun/Gu or on the commencement of the permitted construction works, if deemed particularly necessary for community planning or urban/Gun planning. <Amended on Apr. 14, 2011; Jan. 14, 2014> |
| (3) | Where the Minister of Land, Infrastructure and Transport, or a Mayor/Do Governor intends to impose a restriction on any building permission, or the commencement of any permitted construction works pursuant to paragraph (1) or (2), he or she shall submit the relevant case to a building committee for deliberation after gathering consensus from the relevant residents pursuant to Article 8 of the Framework Act on the Regulation of Land Use. <Added on May 28, 2014> |
| (4) | Where the Minister of Land, Infrastructure and Transport, or a Mayor/Do Governor imposes a restriction on any building permission or the commencement of any permitted construction works pursuant to paragraph (1) or (2), the period for such restriction shall not exceed two years; provided, such period may be extended only once by a period not exceeding one year. <Amended on May 28, 2014> |
| (5) | Where the Minister of Land, Infrastructure and Transport or the Special Metropolitan City Mayor, a Metropolitan City Mayor, and a Do Governor intends to impose a restriction on building permission or the commencement of construction works pursuant to paragraph (1) or (2), he or she shall determine the objective of, and period for, the restriction; the use of the building subject to such restriction; and the location, area, and boundaries of the area subject to such restriction, in detail and notify the competent permitting authority of his or her determination, and the permitting authority so notified shall, without delay, issue public notice thereof. <Amended on Mar. 23, 2013; Jan. 14, 2014; May 28, 2014> |
| (6) | When the Special Metropolitan City Mayor, a Metropolitan City Mayor, and a Do Governor imposes a restriction on building permission granted by the head of the competent Si/Gun/Gu or on the commencement of construction works pursuant to paragraph (2), he or she shall immediately report it to the Minister of Land, Infrastructure and Transport, and the Minister of Land, Infrastructure and Transport, in receipt of such report, may issue an order canceling the restriction, if he or she finds the restriction excessive. <Amended on Mar. 23, 2013; Jan. 14, 2014; May 28, 2014> |
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| Article 19 (Change of use) |
| (1) | Any change of the use of a building shall be made in compliance with the building code for the changed use. |
| (2) | Any person who intends to change the use of a building approved to use pursuant to Article 22, shall obtain permission from, or file a report with, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, according to the following classification: <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| 1. | Buildings subject to permission: For the building when the use of the building that falls within any group of facilities referred to in any subparagraph of paragraph (4) is changed to the use of any group higher than the group (referring to a group that has any smaller item number of paragraph (4) than the item number of the group of facilities within which the building for the changed use falls); |
| 2. | Buildings subject to reporting: For a building when the use of which falls within any group of facilities referred to in any subparagraph of paragraph (4) is changed to the use of any group lower than the group (referring to a group that has any larger number of paragraph (4) than the item number of the group of facilities within which the building for the changed use falls). |
| (3) | A person who intends to change the use of a building within an identical group of facilities under paragraph (4) shall file an application for the alteration of the entries in the building register with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, the same shall not apply to changes prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| (4) | Groups of facilities shall be classified as follows, and the detailed uses of buildings that belong to each group of facilities shall be prescribed by Presidential Decree: |
| 1. | Group of facilities relating to motor vehicles: Motor vehicle-related facilities; |
| 2. | Group of facilities for industrial purposes; |
| 3. | Group of facilities for telecommunications: |
| 4. | Group of facilities for cultural activities and assembly; |
| 5. | Group of facilities for commerce: |
| 6. | Group of facilities for education and welfare: |
| 7. | Group of neighborhood living facilities: |
| 8. | Group of facilities for residential and business purposes: |
| 9. | Miscellaneous group of facilities. |
| (5) | Article 22 shall apply mutatis mutandis to approval for use of a building subject to permission or reporting under paragraph (2), where the total floor area of the part subject to change of its use is at least 100 square meters; provided, the same shall not apply where the total floor area of the part subject to change of its use is less than 500 square meters, which does not accompany a substantial repair project. <Amended on Jan. 19, 2016> |
| (6) | Article 23 shall apply mutatis mutandis to planning and designing to change the use of a building subject to permission under paragraph (2), where the total floor area of the part subject to change of its use is at least 500 square meters (excluding cases prescribed by Presidential Decree). |
| (7) | Articles 3,5,6,7,11(2) through (9),12,14 through 16,18,20,27,29,38,42 through 44,48 through 50,50-2,51 through 56,58,60 through 64,67,68, and 78 through 87 hereof, Article 15 of the Green Buildings Construction Support Act, and Article 54 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the change of use of a building under paragraphs (1) and (2). <Amended on May 30, 2011; Jan. 14, 2014; May 28, 2014; Apr. 30, 2019> |
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| Article 19-2 (Acknowledgement of multiple uses) |
| (1) | A client may file an application for building permission under Article 11, a notification of building construction under Article 14, or permission for or a report on the change of use, or the alteration of entries in the building register under Article 19, for the multiple uses of the relevant building. |
| (2) | A permitting authority may allow the multiple uses, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, only where the multiple uses applied for under paragraph (1) comply with all of the building code, siting criteria, etc. prescribed by this Act, and relevant statutes or regulations. <Amended on Jun. 9, 2020> |
[This Article Added on Jan. 19, 2016]
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| Article 20 (Temporary buildings) |
| (1) | A person who intends to construct any temporary building on a site pre-arranged for an urban/Gun planning facility or urban/Gun planning facility shall obtain permission therefor from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Apr. 14, 2011; Jan. 14, 2014> |
| (2) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall grant permission under paragraph (1) except where the construction of a temporary building falls under any of the following: <Added on Jan. 14, 2014> |
| 1. | Where such construction contravenes Article 64 of the National Land Planning and Utilization Act; |
| 2. | Where the building has at least four floors; |
| 3. | Where such construction fails to comply with the guidelines set by municipal ordinance regarding the structure, retention period, and purpose of the building, necessity to establish other facilities, etc. within the standards prescribed by Presidential Decree; |
| 4. | Where such construction otherwise violates any restriction imposed under this Act, or other statutes or regulations. |
| (3) | Notwithstanding paragraph (1), a person who intends to construct any temporary building for disaster recovery, performances, exhibitions, construction works, or any other purpose prescribed by Presidential Decree, shall submit a report thereon to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu in compliance with the retention period and the guidelines and procedures for installation prescribed by Presidential Decree. <Amended on Jan. 14, 2014> |
| (4) | Article 14(3) and (4) shall apply mutatis mutandis to reports submitted pursuant to paragraph (3). <Added on Apr. 18, 2017> |
| (5) | Where a temporary building referred to in paragraph (1) or (3) is constructed or built, Articles 25,38 through 42,44 through 50,50-2,51 through 64,67, and 68 hereof, some of the provisions of Article 15 of the Green Buildings Construction Support Act, and Article 76 of the National Land Planning and Utilization Act shall not apply, as prescribed by Presidential Decree. <Amended on Jan. 14, 2014; Apr. 18, 2014> |
| (6) | When the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu grants permission to construct a temporary building or receives a report on construction of a temporary building pursuant to paragraphs (1) through (3), he or she shall record and keep the details of permission or reporting in the register of temporary buildings, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jan. 14, 2014; Apr. 18, 2017> |
| (7) | When an application for building permission of, or a report on the construction of, a temporary building is received pursuant to paragraph (2) or (3), if it is necessary to ascertain whether there is any restrictive provision thereon under other statutes or regulations, consultation shall be undertaken in advance with the head of a related administrative agency; and the head of the related administrative agency in receipt of the request for consultation shall submit his or her opinion within 15 days from the date of receipt of such request. In this case, if the head of the related administrative agency fails to submit his or her opinion within 15 days from the date of receipt of the request, it shall be deemed that consultation has been undertaken. <Added on Jan. 17, 2017; Apr. 18, 2017> |
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| Article 21 (Reports on commencement of construction works) |
| (1) | A client who intends to commence construction works for a building for which permission has been granted or a report has been filed under Article 11, 14 or 20 (1), shall report the construction plan to the permitting authority, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 30, 2019; Jul. 27, 2021> |
| (2) | A notification on a project plan or a change thereto filed under paragraph (1) shall be signed jointly by the project supervisor (applicable only where a project supervisor has been appointed in accordance with Article 25(1)) and the contractor. |
| (3) | The competent permitting authority shall notify a person who has submitted a report, of whether his or her report is accepted or whether the processing period prescribed by statutes or regulations related to civil petitions is extended, within three days from the date the report under the main clause of paragraph (1) is received. <Added on Apr. 18, 2017> |
| (4) | If the competent permitting authority fails to notify a person who has submitted a report, of whether his or her report is accepted or whether the processing period is extended under statutes or regulations related to civil petitions, within the processing period prescribed in paragraph (3), the report shall be deemed accepted on the day following the last day of the processing period. <Added on Apr. 18, 2017> |
| (5) | No client may perform or permit anyone to perform construction works, in violation of Article 41 of the Framework Act on the Construction Industry. <Amended on Apr. 18, 2017> |
| (6) | A client who has been granted building permission under Article 11, shall submit a copy of each contract under Article 15(2) when he or she files a report under paragraph (1). <Amended on Apr. 18, 2017> |
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| Article 22 (Approval for use of building) |
| (1) | A client who intends to use a building after completing the construction of the building permitted or reported in accordance with Article 11, 14, or 20(1) (including where construction works for each unit of buildings are completed when at least two units of buildings are constructed on one site) shall file an application for approval for use, accompanied by a report on completion of supervision prepared by the project supervisor in accordance with Article 25(6) (limited to cases where a project supervisor has been appointed under paragraph (1) of that Article) and the drawings and specifications for the completed project, with the competent permitting authority, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 3, 2016; Aug. 26, 2025> |
| (2) | Upon receipt of an application for approval for use of a building under paragraph (1), the competent permitting authority shall conduct an inspection on the following matters within the period prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and shall issue a written approval for use of the building, if the building passes the inspection; provided, a written approval for use may be issued for the buildings specified by ordinance of the competent local government without conducting an inspection for approval for use: <Amended on Mar. 23, 2013; Aug. 26, 2025> |
| 1. | Whether the building applied for approval for use has been built in compliance with the drawings and specifications under which the permission was granted or the report was filed in accordance with this Act; |
| 2. | Whether the documents, plans, and drawings, including a report on completion of supervision and drawings and specifications for the completed project, have been properly prepared. |
| 3. | Whether a contract for the sale of buildings in units under Article 6(4) of the Act on Sale of Building Units has been concluded in compliance with the standards for facilities and equipment for accommodation business under Article 3(1) of the Public Health Control Act (limited to lodging facilities prescribed by Decree of the Ministry of Land, Infrastructure and Transport). |
| (3) | No client may use or allow any other person to use a building, unless and until he or she obtains approval for use thereof in accordance with paragraph (2); provided, the same shall not apply if: <Amended on Mar. 23, 2013> |
| 1. | The competent permitting authority fails to issue a written approval for use within the period set under paragraph (2); |
| 2. | The part of construction works completed before a written approval for use was issued complies with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport, in terms of the building-to-land ratio, the floor area ratio, building service, evacuation, and fire prevention, and approval for temporary use has been granted for a given period, as prescribed by Presidential Decree. |
| (4) | Approval for use granted to a client pursuant to paragraph (2) shall be deemed approval for use, a final inspection, and an application for registration obtained or filed under the following, while such approval for use of a factory building shall be deemed an inspection, etc. passed under the relevant Acts pursuant to Article 14-2 of the Industrial Cluster Development and Factory Establishment Act: <Amended on Jan. 30, 2009; Jun. 9, 2009; Apr. 14, 2011; May 30, 2011; Jan. 14, 2014; Jun. 3, 2014; Jan. 17, 2017; Mar. 27, 2018; Mar. 31, 2020; Jan. 16, 2024> |
| 1. | A final inspection of a drainage system under Article 27 of the Sewerage Act and a final inspection of a private sewage treatment facility under Article 37 of the said Act; |
| 2. | An application for registration of changes in descriptions on the cadastral register under Article 64 of the Act on the Establishment and Management of Spatial Data; |
| 3. | An inspection of installation of an elevator under Article 28 of the Elevator Safety Management Act; |
| 4. | An inspection of installation of a boiler system under Article 39 of the Energy Use Rationalization Act; |
| 5. | A pre-use inspection of electric equipment under Article 9 of the Electrical Safety Management Act; |
| 6. | A pre-use inspection of information and communications works under Article 36 of the Information and Communications Construction Business Act; |
| 6-2. | Pre-use inspection on mechanical equipment under Article 15 of the Mechanical Equipment Act; |
| 7. | Confirmation of completion of construction works performed while occupying and using a road under Article 62(2) of the Road Act; |
| 8. | A final inspection of development activities under Article 62 of the National Land Planning and Utilization Act; |
| 9. | A final inspection of an urban/Gun planning facility project under Article 98 of the National Land Planning and Utilization Act; |
| 10. | Reporting on the start-up operation of a facility for discharging water pollutants under Article 37 of the Water Environment Conservation Act; |
| 11. | Reporting on start-up operation of a facility for emitting air pollutants under Article 30 of the Clean Air Conservation Act; |
| 12. | Deleted. <Jul. 9, 2009> |
| (5) | If approval for use under paragraph (2) involves matters provided for in any subparagraph of paragraph (4), the competent permitting authority shall pre-consult with the head of the relevant administrative agency thereon. |
| (6) | Upon granting approval for use under paragraph (2), the Special Metropolitan City Mayor or a Metropolitan City Mayor shall notify the head of the competent Gun/Gu thereof to enter the details of such approval in the building register. In such cases, information on the designer, the contractors of main works prescribed by Presidential Decree, and the project supervisor shall be recorded in the building register. |
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| Article 23 (Design of buildings) |
| (1) | No one, other than certified architects, shall design any building for the construction, etc. thereof, if such building requires building permission under Article 11(1) or a notification of building construction under Article 14(1), or where such building is to be re-modeled under Article 66(1) or (2) of the Housing Act; provided, the same shall not apply to any of the following cases: <Amended on May 28, 2014; Jan. 19, 2016> |
| 1. | Extending, altering, or reconstructing the floor area of a building within an aggregate of 85 square meters; |
| 2. | Substantial repair of a building with the total floor area not exceeding 200 square meters, and with less than three floors; |
| 3. | Other construction, etc. of any building prescribed by Presidential Decree based upon unique characteristics, purposes, etc. of the buildings. |
| (2) | A designer shall design buildings in compliance with the requirements provided for in this Act, orders and dispositions under this Act, and other relevant statutes and regulations, and to have no problem in its safety, functions, and aesthetics, and shall follow the guidelines for preparing drawings and specifications as specified and publicly notified by the Minister of Land, Infrastructure and Transport in preparing such drawings and specifications; provided, the same shall not apply to buildings which require special construction methods, and are deliberated upon by the building committee, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | A designer who has prepared drawings and specifications under paragraph (2) shall ensure that such drawings and specifications meet the requirements provided for in this Act, orders and dispositions under this Act, and other relevant statutes and regulations, and shall place his or her signature and seal on such drawings and specifications. |
| (4) | Paragraph (1) shall not apply if a building is constructed in compliance with the standard drawings and specifications prepared or approved by the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, or drawings and specifications to which a special construction method has been applied. <Amended on Mar. 23, 2013> |
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| Article 24 (Execution of construction works) |
| (1) | A contractor shall perform construction works conscientiously in compliance with the terms and conditions of the contract under Article 15(2), and shall transfer possession of the building to the client upon completion of the building project in compliance with this Act, orders and dispositions under this Act, and other relevant statutes and regulations. |
| (2) | A contractor shall keep relevant drawings and specifications at the site of construction works (applicable only to buildings subject to the building permission or permission for change of use). |
| (3) | If a contractor finds that drawings and specifications do not comply with any provision of this Act, an order or a disposition under this Act, or any other relevant statutes or regulations, or considers them unreasonable in light of the conditions of construction works, he or she may request the designer, in writing, to revise such drawings and specifications, subject to the prior consent of the client and the project supervisor. In such cases, the designer shall comply with the request, unless there is a good reason not to do so. |
| (4) | If a contractor deems it necessary to perform construction works or is requested by the project supervisor to prepare detailed shop drawings pursuant to Article 25(5), he or she shall prepare such shop drawings for confirmation of the project supervisor, and shall perform the construction works according to the shop drawings. <Amended on Feb. 3, 2016> |
| (5) | Upon commencing the construction work of a building subject to the building permission or the permission for change of its use, a contractor shall install a sign displaying the permission at the construction site, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (6) | The client of a building not falling under any subparagraph of Article 41(1) of the Framework Act on the Construction Industry shall appoint one construction engineer as defined in subparagraph 15 of Article 2 of the same Act as a site manager to manage the process and safety at the construction site. In such cases, the site manager shall manage the process and safety, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and shall not leave the relevant construction site without the consent of the client, unless there is good cause. <Added on Feb. 3, 2016; Aug. 14, 2018> |
| (7) | The contractor of a building for the use and of scale prescribed by Presidential Decree, such as multi-family housing, a general hospital, and a tourist accommodation facility, shall take photographs and video clips whenever the progress of construction works reaches the stage prescribed by Presidential Decree and keep them to enable the client, the project supervisor, and the permitting authority to check whether the building is constructed in compliance with to the drawings and specifications. In such cases, other necessary matters, including matters related to taking and keeping photographs and video clips, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Feb. 3, 2016> |
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| Article 25 (Supervision of construction works) |
| (1) | A client who constructs a building for a use and of a scale and structure prescribed by Presidential Decree shall designate a certified architect or any person prescribed by Presidential Decree (excluding the contractor himself or herself and an affiliate company as defined in Article 2 of the Monopoly Regulation and Fair Trade Act) as a project supervisor to be responsible for supervising the project. <Amended on Feb. 3, 2016> |
| (2) | Notwithstanding paragraph (1), in cases of a building constructed directly by the client which is a small building not falling under subparagraphs of Article 41(1) of the Framework Act on the Construction Industry and any of the buildings prescribed by Presidential Decree among buildings used as housing, the permitting authority shall appoint the project supervisor from among persons who have not participated in the design of the relevant building, as prescribed by Presidential Decree; provided, where the client of any of the following buildings files an application with the permitting authority, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, a person who has designed the relevant building may be designated as the project supervisor: <Added on Feb. 3, 2016; Aug. 14, 2018; Apr. 7, 2020> |
| 1. | A building designed by a person who possesses new technology referred to in Article 14 of the Construction Technology Promotion Act and which is prescribed by Presidential Decree by applying said technology; |
| 2. | A building designed by a competent architect referred to in Article 13(4) of the Act on the Promotion of Building Service Industry and who is prescribed by Presidential Decree; |
| 3. | A building designed through a design contest. |
| (3) | If a project supervisor finds, while supervising the project, that there has been a violation of this Act, an order or a disposition under this Act, or any other relevant statute or regulation or that the contractor fails to follow the drawings and specifications in conducting the project, he or she shall notify the client of his or her finding and request the contractor to take corrective measures or execute reconstruction, and may, if the contractor fails to comply with the request for corrective measures or reconstruction works, request the contractor, in writing, to suspend the project. In such cases, the contractor shall, upon receipt of such request, suspend the project immediately, in the absence of special circumstances. <Amended on Feb. 3, 2016> |
| (4) | If the contractor fails to comply with a request for corrective measures or reconstruction made under paragraph (3) or continues construction works after receiving a request for suspension of the project, the project supervisor shall report thereon to the competent permitting authority, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 3, 2016> |
| (5) | A project supervisor responsible for supervising a project for a use or of a scale prescribed by Presidential Decree may request the contractor to prepare detailed shop drawings, if deemed necessary. <Amended on Feb. 3, 2016> |
| (6) | Each project supervisor shall keep and maintain daily records of supervision, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and shall submit an interim supervision report to the client, when the progress of the project reaches the stage prescribed by Presidential Decree, and a report on completion of supervision, when the project is completed, respectively, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. In such cases, the client shall submit to the competent permitting authority the interim supervision report at the time of receiving such report; and the report on completion of supervision at the time of applying for approval for use of the building under Article 22. <Amended on Mar. 23, 2013; Feb. 3, 2016; Apr. 7, 2020> |
| (7) | Neither a client nor a contractor may cancel the designation of a project supervisor, refuse to pay him or her remuneration, delay such payment, or disadvantage the project supervisor otherwise on the grounds that the project supervisor has made a request for corrective measures for a violation or reconstruction in accordance with paragraph (3) or (4) or has reported such violation to the competent permitting authority. <Amended on Feb. 3, 2016> |
| (8) | The methods and scope of supervision of projects under paragraph (1), and other related matters, shall be prescribed by Presidential Decree, based on the use and scale of buildings and other factors, and if detailed guidelines are necessary, the Minister of Land, Infrastructure and Transport may prescribe detailed guidelines or may commission the Registered Architects Association to prepare such guidelines with the approval of the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Feb. 3, 2016> |
| (9) | The Minister of Land, Infrastructure and Transport shall issue public notice whenever he or she prescribes or approves detailed guidelines pursuant to paragraph (8). <Amended on Mar. 23, 2013; Feb. 3, 2016> |
| (10) | Notwithstanding paragraphs (1) through (9) and (11) through (14), supervision of the building projects subject to approval of the project plans under Article 15 of the Housing Act and the building projects subject to management under Article 39(2) of the Construction Technology Promotion Act shall be governed by the relevant statute or regulation, respectively. <Amended on May 22, 2013; Jan. 19, 2016; Feb. 3, 2016; Aug. 14, 2018> |
| (11) | The client of a building project under which a client designates a project supervisor under paragraph (1) or a permitting authority designates the project supervisor under paragraph (2), shall submit a supervision service contract which specifies supervision costs, when he or she files a report on the commencement of the construction works under Article 21, and shall pay the supervision costs in accordance with the terms and conditions of the supervision service contract when he or she applies for approval for use under Article 22. In such cases, the permitting authority shall grant approval for use after confirming that the supervision costs are paid in accordance with the terms and conditions of the supervision service contract. <Added on Feb. 3, 2016; Dec. 22, 2020; Jul. 27, 2021> |
| (12) | A client of a building for which the permitting authority appoints a project supervisor pursuant to paragraph (2) shall have the designer of the building participate in the construction process to realize the designer's design intent. In such cases, Article 22 of the Act on the Promotion of Building Service Industry shall apply mutatis mutandis. <Added on Aug. 14, 2018> |
| (13) | When submitting a report on the commencement of the construction works pursuant to Article 21, a client required to have a designer participate in the construction process pursuant to paragraph (12) shall submit to the competent permitting authority the relevant contract and other documents prescribed by Presidential Decree. <Added on Aug. 14, 2018> |
| (14) | Where a permitting authority designates a project supervisor under paragraph (2), he or she may determine the standards for supervision costs by ordinance of the relevant local government. <Added on Feb. 3, 2016; Aug. 14, 2018; Dec. 22, 2020> |
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| Article 25-2 (Restrictions on business of construction participants) |
| (1) | Where any designer, contractor, project supervisor, or related specialized engineer (hereinafter referred to as "construction participant, etc.") causes death of a person by seriously damaging the foundation or main structural members of a major building prescribed by Presidential Decree due to a violation of Articles 40,41,48,50, or 51 or gross negligence during the period from the filing of a report on the commencement of the construction works under Article 21 until the end of the defect liability period referred to in Article 28 of the Framework Act on the Construction Industry, the permitting authority may order the relevant person to suspend his or her business for a prescribed period not exceeding one year, in order to prevent him or her from performing his or her business under this Act. |
| (2) | Where any construction participant, etc. causes property damage of at least a scale prescribed by Presidential Decree by seriously damaging the foundation or main structural members of a building, in violation of Article 40, 41, 48, 49, 50, 50-2, 51, 52, or 52-4 (excluding a violation referred to in paragraph (1)), the permitting authority may order him or her to suspend his or her business relating to major buildings prescribed by Presidential Decree, such as public use facilities, for a prescribed period not exceeding the following, in order to prevent him or her from performing his or her business under this Act: <Amended on Apr. 23, 2019> |
| 1. | Where the first violation occurs: Six months from the date of business suspension; |
| 2. | Where a violation reoccurs at the same site within two years: One year from the date of a disposition for re-suspension of business. |
| (3) | Where any construction participant, etc. causes the collapse of a temporary facility, in violation of Articles 40,41,48,49,50,50-2,51,52 or 52-4 (excluding violations referred to in paragraph (1) or (2)) or Article 28, the permitting authority may issue a corrective order fixing a period or necessary instructions. <Amended on Apr. 23, 2019> |
| (4) | Where a construction participant, etc. fails to comply with a corrective order issued under paragraph (3) in the absence of special circumstances, the permitting authority may order him or her to suspend his or her business for a prescribed period not exceeding the following, in order to prevent him or her from performing his or her business under this Act: |
| 1. | Where he or she fails to take corrective measures within the period set by the permitting authority without any compelling reason not to do so, upon the occurrence of the first violation: Three months from the date of business suspension; |
| 2. | Where the violation referred to in paragraph (3) occurs twice at the same site within two years: Three months from the date of business suspension; |
| 3. | Where the violation referred to in paragraph (3) occurs three times at the same site within two years: One year from the date of business suspension. |
| (5) | A permitting authority may impose a penalty surcharge on a construction participant, etc. as follows, in lieu of business suspension under paragraph (4): |
| 1. | In cases falling under paragraph (4)1 or 2: An amount not exceeding 300 million won; |
| 2. | In cases falling under paragraph (4)3: An amount not exceeding 1 billion won. |
| (6) | Notwithstanding business suspension issued under paragraph (1),(2), or (4), a construction participant, etc. may continue to perform the business for which a contract has been concluded or the business commenced with permission, authorization, etc. granted under related statutes or regulations, before the business suspension is issued, until the time approval for use is granted under Article 22. |
| (7) | The measures provided for in paragraphs (1) through (5) shall also apply to the corporation or organization to which the relevant person belongs; provided, the same shall not apply where the corporation or organization has not been negligent in giving due attention and supervision concerning the relevant business to prevent the violation. |
| (8) | The measures provided for in paragraphs (1) through (5) shall also apply to construction participants, etc. in the same manner as building permission is deemed to be granted under related Acts. |
| (9) | Upon taking any of the measures provided for in paragraphs (1) through (5), the permitting authority shall notify the Minister of Land, Infrastructure and Transport of the details thereof. |
| (10) | The Minister of Land, Infrastructure and Transport shall comprehensively manage matters notified under paragraph (9) and disclose the relevant construction participants, etc. and the corporations and organizations to which they belong, to make such information available to the permitting authority. |
| (11) | A hearing shall be held to issue a business suspension disposition to any construction participant, etc. and the corporation or organization to which he or she belongs. |
[This Article Added on Feb. 3, 2016]
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| Article 26 (Tolerance) |
For the purposes of this Act, any variation inevitably occurring in the course of surveying a building site (excluding cadastral land surveys conducted under the Act on Establishment and Management of Spatial Data) or constructing a building, are permissible within the extent prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Jun. 9, 2009; Mar. 23, 2013; Jun. 3, 2014>
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| Article 27 (Agents for on-site surveys, inspections, and verifications) |
| (1) | The competent permitting authority may require a person who has reported the establishment of an architectural firm under Article 23 of the Certified Architects Act to conduct on-site surveys, inspections, or verifications under this Act as an agent, as prescribed by Presidential Decree. <Amended on Jan. 14, 2014; May 28, 2014> |
| (2) | A person who conducts the affairs referred to in paragraph (1) as an agent shall file written reports on the findings of on-site surveys, inspections, or verifications with the competent permitting authority, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | The competent permitting authority that has designated an agent to conduct the affairs referred to in paragraph (1) shall pay a fee prescribed by ordinance of the competent local government within the limit set by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
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| Article 28 (Preventative measures against hazards on construction sites) |
| (1) | Each contractor of a building project shall take measures necessary to prevent hazards on construction sites, as prescribed by Presidential Decree. |
| (2) | The competent permitting authority shall take measures necessary to counsel on disputes arising between construction participants relating to construction works of buildings. |
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| Article 29 (Special cases concerning buildings for public use) |
| (1) | When the State or a local government intends to construct a building, perform a substantial repair, alter the use of a building, erect a temporary building or structure under Articles 11,14,19,20 or 83, it shall first consult with the permitting authority having jurisdiction over the location of the building, as prescribed by Presidential Decree. <Amended on May 30, 2011> |
| (2) | An agreement that the State or a local government made with the permitting authority having jurisdiction of the location of a building through consultation under paragraph (1) shall be deemed building permission granted or a reporting filed under Article 11, 14, 19, 20, or 83. <Amended on May 30, 2011> |
| (3) | Article 22(1) through (3) shall not apply to buildings on which the consultation under paragraph (1) has been completed; provided, the completion of the project shall be notified to the competent permitting authority without delay. |
| (4) | Where it intends to install facilities prescribed by Presidential Decree, such as amenities for residents, by creating a partitioned surface right on any available space on or under the ground of a site owned by the State or a local government, the permitting authority may grant building permission deeming the person with the partitioned surface right as a client and the part on which the partitioned surface right is created as a site as defined in Article 2(1)1. In such cases, the objects and scope of the creation of a partitioned surface right, period thereof, etc. shall comply with the State Property Act and the Public Property and Commodity Management Act. <Added on Jan. 19, 2016> |
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| Article 30 (Statistics on building projects) |
| (1) | Each permitting authority shall report on the following matters (hereinafter referred to as "statistics on building projects") to the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013> |
| 1. | Current status of building permission granted under Article 11; |
| 2. | Current status of notifications of building construction under Article 14; |
| 3. | Current status of permission for and reports on change of use under Article 19; |
| 4. | Current status of reports on the commencement of the construction works under Article 21; |
| 5. | Current status of approval for use granted pursuant to Article 22; |
| 6. | Other matters prescribed by Presidential Decree. |
| (2) | Matters necessary for the preparation of statistics on building projects shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
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| Article 31 (Computerization of architectural administration) |
| (1) | The Minister of Land, Infrastructure and Transport may establish and implement a comprehensive plan for computerizing the affairs relating to architectural administration under this Act. <Amended on Mar. 23, 2013> |
| (2) | Each permitting authority may allow persons to file applications, reports, accompanying documents, notices, and information under Articles 10,11,14,16,19 through 22,25,29,30,38,83, and 92 using a diskette or disc, or via an information network. <Amended on Apr. 30, 2019> |
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| Article 32 (Computerization of building permission process) |
| (1) | Each permitting authority may process the affairs provided for in this Act by an electronic information processing system, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, in order to perform the affairs relating to building permission efficiently. <Amended on Mar. 23, 2013> |
| (2) | Any person who desires to have access to the data processed by the electronic information processing system under paragraph (1) (hereinafter referred to as "computerized data") shall obtain approval from the Minister of Land, Infrastructure and Transport, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu according to the following classification, subject to examination by the head of the relevant central administrative agency, as prescribed by Presidential Decree; provided, such examination by the relevant central administrative agency shall not be required where the head of a local government files an application for such approval: <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| 1. | For computerized data on a nation scale: The Minister of Land, Infrastructure and Transport; |
| 2. | For computerized data on a scale of the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, the Special Self-Governing Province (hereinafter referred to as "City/ Do"): The competent Mayor/Do Governor; |
| 3. | For computerized data on a scale of a Si/Gun/Gu (referring to an autonomous Gu): The head of the competent Si/Gun/Gu. |
| (3) | In receipt of an application for approval under paragraph (2), the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may approve such application only where it is deemed that it will not have any impact on the efficiency of the building permission process and does not violate the guidelines for the protection of personal information of clients and other parties prescribed by Presidential Decree. In such cases, approval may be granted with some restrictions on the purpose of use. <Amended on Mar. 23, 2013> |
| (4) | Notwithstanding paragraphs (2) and (3), where the owner of a building applies for the information about ownership over the building of his or her own, or where the owner of a building dies and the inheritor applies for the information about ownership over the building his or her ancestor possessed, the approval and examination may be not required. <Added on Oct. 24, 2017> |
| (5) | Any person who desires to have access to computerized data with approval under paragraph (2) shall pay an applicable service fee. <Amended on Oct. 24, 2017> |
| (6) | Matters concerning the operation of the electronic information processing system under paragraphs (1) through (5) and necessary matters concerning the scope of accessible computerized data, the criteria for examination, the procedure for approval, and service fees, shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2017> |
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| Article 33 (Guidance and oversight of users of computerized data) |
| (1) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may provide guidance to, and oversee, users of computerized data under Article 32 in relation to, among other things, the retention or management of the computerized data, if deemed necessary to protect personal information and to prevent use of the computerized data for other than its intended purpose. <Amended on Mar. 23, 2013; Aug. 20, 2019> |
| (2) | Matters necessary for users subject to the guidance and oversight under paragraph (1) and the procedures for such guidance and oversight shall be prescribed by Presidential Decree. |
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| Article 34 (Installation of integrated civil service center for building projects) |
The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall install and operate a civil service center for building projects to comprehensively receive and process building permission, notifications of building construction, approval for use, and other civil petitions, as prescribed by Presidential Decree. <Amended on Jan. 14, 2014>
CHAPTER III MAINTENANCE AND MANAGEMENT OF BUILDINGS
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| Article 35 Deleted. <Apr. 30, 2019> |
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| Article 35-2 Deleted. <Apr. 30, 2019> |
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| Article 36 Deleted. <Apr. 30, 2019> |
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| Article 37 (Building instructors) |
| (1) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may, as prescribed by Presidential Decree, designate building instructors whose duties shall be to prevent buildings from being built in violation of this Act or an order or disposition under this Act, and to provide guidance for proper maintenance and management of buildings. <Amended on Jan. 14, 2014> |
| (2) | Qualifications for, and the scope of duties of, building instructors under paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 38 (Building registers) |
| (1) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, shall record and keep details of the status of each building and its site, and information about the structural load bearing capacity of each building in the building register in any of the following circumstances, so that such records can be examined regarding the status of ownership, use, maintenance and management of each building and as basic data for establishing policies on buildings: <Amended on Jan. 17, 2012; Jan. 14, 2014; Jan. 6, 2015; Oct. 24, 2017> |
| 1. | Where a written approval for use is issued pursuant to Article 22(2); |
| 2. | Where a request for recording is filed after completion of a building, other than buildings subject to building permission under Article 11 (including those subject to reporting under Article 14); |
| 3. | Deleted; <Apr. 30, 2019> |
| 4. | Other cases prescribed by Presidential Decree. |
| (2) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of the central administrative agency or the head of a local government to provide materials or data necessary to compile, store, or improve building registers. In such cases, the head of the agency who is requested to provide materials or data shall cooperate in such request unless there is a compelling reason not to do so. <Added on Oct. 24, 2017> |
| (3) | The form and mandatory descriptions of the building register under paragraphs (1) and (2), the procedure for recording, and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Oct. 24, 2017> |
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| Article 39 (Requests for registration) |
| (1) | Where any entry made in the building register is changed due to any of the following events (excluding newly registered descriptions in cases falling under subparagraph 2), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall request the competent registry office to register such matter. In such cases, registration requested pursuant to subparagraphs 1 and 4 shall be deemed made by the competent local government for itself: <Amended on Jan. 14, 2014; Jan. 17, 2017; Apr. 30, 2019> |
| 1. | When a lot number or the name of an administrative district is changed; |
| 2. | When the area, structure, use, or number of floors recorded as the descriptions of approval of the use of a building for which approval was granted pursuant to Article 22 is changed; |
| 3. | When a building is dismantled pursuant Article 30 of the Building Management Act; |
| 4. | When a report on destruction is filed pursuant to Article 34 of the Building Management Act after a building has been destroyed. |
| (2) | Procedures for requesting registration under paragraph (1), and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
CHAPTER IV ROAD AND BUILDING SITES
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| Article 40 (Safety on building sites) |
| (1) | A building site shall not be lower than the surface level of any road adjacent to it; provided, a building site may be lower than the surface level of any road adjacent to it, if there are no difficulties with drainage of water from the site or if there is no need for damp-proofing measures in light of the use of the building. |
| (2) | In cases where a building is to be erected on any land filled with damp soil, soil likely to discharge water, wastes, or any similar soil, necessary measures, such as filling and soil improvement, shall be taken. |
| (3) | Each building site shall be equipped with sewage pipes, drains, water storage tanks and similar facilities as may be necessary for the discharge and treatment of rainwater and waste water. |
| (4) | Whenever a building site is developed on land that is likely to collapse, retaining walls shall be installed or any other necessary measure shall be taken as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
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| Article 41 (Measures for excavated areas of land) |
| (1) | Where a contractor excavates, severs, reclaims, or fills ground to develop a building site or construct a building, it shall take measures to prevent hazards, such as land slide and earth erosion during construction, and to conserve the environment and take other necessary measures, for the altered parts of the land, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and install a sign displaying such information at the construction site. <Amended on Mar. 23, 2013; May 28, 2014> |
| (2) | The competent permitting authority may order a person who violates paragraph (1) to take measures necessary for fulfilling his or her obligation. |
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| Article 42 (Landscaping of building sites) |
| (1) | A client of a building on an area of 200 square meters or larger shall perform landscaping works or take other necessary measures in accordance with the standards prescribed by municipal ordinance of the competent local government according to the area for the specific use and the size of the building; provided, landscaping works or any other measure may be omitted for a building, if the building falls within the buildings prescribed by Presidential Decree as those for which landscaping works are unnecessary, while the standards prescribed by Presidential Decree shall apply to rooftop landscaping, if such standards are prescribed separately. |
| (2) | The Minister of Land, Infrastructure and Transport may prescribe and publicly notify the standards for planting, the types of landscaping facilities and method of installation thereof, the method of rooftop landscaping, and other matters necessary for landscaping. <Amended on Mar. 23, 2013> |
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| Article 43 (Securing privately owned public space) |
| (1) | A privately-owned public space or privately-owned public open space such as small rest area (hereinafter referred to as "POPS, etc.") shall be installed for public use in a building for such use and scale as prescribed by Presidential Decree in compliance with the standards prescribed by Presidential Decree, in order to develop a pleasant environment for any of the following zones or areas: <Amended on Jan. 14, 2014; Aug. 14, 2018; Apr. 23, 2019> |
| 1. | A general residential zone and quasi-residential zone; |
| 3. | A quasi-industrial zone; |
| 4. | An area designated and publicly notified by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu as urbanization is highly likely or it is deemed necessary to improve an obsolete industrial complex. |
| (2) | Regulations provided for in Articles 55,56, and 60 may be relaxed, as prescribed by Presidential Decree, where such provisions shall apply to a POPS, etc. installed under paragraph (1). <Amended on Apr. 23, 2019> |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu may determine matters concerning maintenance and management of a POPS, etc. under his or her jurisdiction, such as inspection thereof, by ordinance of the relevant local government. <Added on Apr. 23, 2019> |
| (4) | No person shall perform any activity that may impede use of a POPS, etc., such as stacking articles in the POPS, etc. and installing a facility blocking access thereto. <Added on Apr. 23, 2019> |
| (5) | Types of activities restricted under paragraph (4) or criteria for restricting them shall be prescribed by Presidential Decree. <Added on Apr. 23, 2019> |
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| Article 44 (Relationship between building site and road) |
| (1) | The site of a building shall adjoin to a road of at least two meters wide (excluding a road exclusively dedicated to motor vehicle traffic); provided, the same shall not apply to any of the following cases: <Amended on Jan. 19, 2016> |
| 1. | Where there is deemed to have no problem in accessibility to the building; |
| 2. | Where there is any vacant lot prescribed by Presidential Decree around the building; |
| 3. | Where a farmer's hut referred to in subparagraph 1b of Article 2 of the Farmland Act is constructed. |
| (2) | The width of a road adjoining to a building site, the length of the part of the road adjoining to a building site, and other necessary matters concerning the relationship between a building site and a road, shall be prescribed by Presidential Decree. |
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| Article 45 (Designation of roads and cancellation and alteration thereof) |
| (1) | Where a permitting authority intends to designate and publicly notify the location of a road pursuant to Article 2(1)11b, it shall obtain the consent of interested parties to the road, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, it may designate a road without the consent of interested parties, subject to deliberation by the building committee, in any of the following cases: <Amended on Mar. 23, 2013> |
| 1. | The permitting authority finds it impracticable to obtain consent of interested parties because the interested parties reside overseas or for any other reason; |
| 2. | The road has been actually used by residents as a passage for a long time and is specified as such by ordinance of the competent local government. |
| (2) | Where a permitting authority intends to cancel or alter the designation of a road designated pursuant to paragraph (1), it shall obtain the consent of interested parties to the road. The same shall also apply where the owner of the land included in the road or the client of a construction work files an application for the cancellation or alteration of the designation of the road designated pursuant to paragraph (1) with the permitting authority. |
| (3) | A permitting authority shall keep and maintain records of the roads designated or altered pursuant to paragraph (1) or (2) in the road management register, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on May 30, 2011; Mar. 23, 2013> |
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| Article 46 (Designation of building lines) |
| (1) | The line to which a building is allowed to be constructed from the part adjoining a road (hereinafter referred to as "building line") shall be determined by the border between the building site and the road; provided, the building line shall be the line fixed at a certain distance away from the median line of a road by one-half of the horizontal distance of the required width of the road, where the width of the road does not reach the required width under Article 2(1)11, and the building line shall be the line fixed at the horizontal distance amounting to the required width from the road boundary line on the side where there is a slope, a river, a railroad, a railbed, or any similar thing, if there is such slope, river, railroad, railbed, or any similar thing, while the building line at a corner of a road shall be the line prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may define the building line separately within the limit prescribed by Presidential Decree, if deemed necessary for adjusting the location and environment of buildings within an urban area. <Amended on Jan. 14, 2014> |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a public notice, without delay, after defining the building line separately pursuant to paragraph (2). <Amended on Jan. 14, 2014> |
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| Article 47 (Restrictions on buildings by building line) |
| (1) | Neither a building nor its walls shall protrude over the vertical bounds of the building line; provided, the same shall not apply to the section below ground level. |
| (2) | Every gate, window, or any other similar structure installed at a height not exceeding 4.5 meters from the surface of a road shall not protrude over the vertical bounds of the building line when it is being opened or closed. |
CHAPTER V STRUCTURES AND MATERIALS OF BUILDINGS
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| Article 48 (Structural load bearing capacity) |
| (1) | Every building shall be of structure safe from dead load, live load, snow load, wind pressure, earthquake, and other vibration and impacts. |
| (2) | Where a building referred to in Article 11(1) is newly constructed or substantially repaired, its structural safety shall be examined, as prescribed by Presidential Decree. |
| (3) | Where the head of a local government grants permission, etc. for a building subject to an examination of its structural safety under paragraph (2), he or she shall verify whether it has seismic capacities. <Added on Sep. 16, 2011> |
| (4) | Standards for the structural load bearing capacity under paragraph (1), methods for structural calculation, and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Sep. 16, 2011; Mar. 23, 2013; Jan. 6, 2015> |
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| Article 48-2 (Seismic classification of buildings) |
| (1) | In order to secure the structural safety of a building against earthquakes, the Minister of Land, Infrastructure and Transport shall assign a seismic classification to a building according to the importance of its use, scale and design structure. |
| (2) | Matters necessary for the assignment of a seismic classification under paragraph (1), including formulation of seismic classification criteria, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
[This Article Added on Jul. 16, 2013]
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| Article 48-3 (Disclosure of seismic capacity of buildings) |
| (1) | A person who intends to construct any of the following buildings shall disclose the ability of the building to withstand earthquake (hereinafter referred to as "seismic capacity") immediately after obtaining approval for use under Article 22; provided, the same shall not apply to buildings not subject to an examination of its structural safety under Article 48(2) or to any building prescribed by Presidential Decree, the seismic capacity of which is impracticable to calculate: <Amended on Dec. 26, 2017> |
| 1. | A building with at least two floors [three floors in the case of a wooden structure building built with main structural members including columns and beams made of wood (hereinafter referred to as "wooden structure building")]; |
| 2. | A building, the total floor area of which exceeds 200 square meters (500 square meters in the case of a wooden structure building); |
| 3. | Other buildings prescribed by Presidential Decree, considering the scale and importance of such buildings. |
| (2) | Detailed matters, such as the criteria for calculating the seismic capacity and methods for disclosure thereof under paragraph (1), shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
[This Article Added on Jan. 19, 2016]
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| Article 48-4 (Installation and management of appurtenant structures) |
Construction participants, the owner and the manager of a building shall install and manage appurtenant structures of the building in accordance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport, considering the design, construction, maintenance, management, etc. of the appurtenant structures.
[This Article Added on Feb. 3, 2016]
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| Article 49 (Evacuation facilities of buildings and restrictions on their use) |
| (1) | Each building for a use and of a scale prescribed by Presidential Decree and its site shall have corridors, stairs, gates, other evacuation facilities, water tanks, and a passage necessary for evacuation and fire-fighting within the site, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 17, 2018> |
| (2) | Matters necessary for imposing restrictions on the use and structure required for the safety, hygiene, and fire-fighting of the buildings for the use and of the scale prescribed by Presidential Decree, fire compartments, the structure of bathrooms, stairs, exits, and the ceiling height for living rooms, the daylighting and ventilation of living rooms, smoke ventilation, and damp-proofing of floors shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 23, 2019> |
| (3) | Each building prescribed by Presidential Decree shall be equipped with windows for fire-fighters to enter and a mark visible from the outside day and night in compliance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Apr. 23, 2019> |
| (4) | Buildings for a use and of a scale prescribed by Presidential Decree shall have partition walls and flooring to prevent noise traveling between dwelling units or households, as prescribed by Presidential Decree. <Added on May 28, 2014; Apr. 23, 2019> |
| (5) | Buildings constructed in any flood-prone area, among areas zoned to manage natural disaster risks under Article 12(1) of the Countermeasures against Natural Disasters Act, by the State, a local government, or a public institution referred to in Article 4(1) of the Act on the Management of Public Institutions, shall meet the following standards for flood prevention and waterproofing: <Added on Jan. 6, 2015; Apr. 23, 2019> |
| 1. | The ground floor of such building shall use a structure of pilotis in its entirety (including janitor’s rooms, stairways, and elevators for using the building, and other similar ones); |
| 2. | Flood-prevention facilities prescribed by Decree of the Ministry of Land, Infrastructure and Transport shall be established. |
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| Article 49-2 (Technical assistance for maintenance and management of evacuation facilities) |
The State or a local government may provide technical assistance to an owner or manager of a building regarding its maintenance and management, such as installation, improvement, and repair of evacuation facilities, etc. referred to in Article 49(1) and (2).
[This Article Added on Aug. 14, 2018]
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| Article 50 (Fire-resistant structures and firewalls of buildings) |
| (1) | Main structural members and roofs of the buildings prescribed by Presidential Decree, including facilities for cultural activities and assembly, medical facilities, and multi-family housing, shall have a fire-resistant structure in accordance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, in cases of a membrane structure or any other structure prescribed by Presidential Decree, a fire-resistant structure may be required only for its main structural members. <Amended on Mar. 23, 2013; Aug. 14, 2018> |
| (2) | The buildings for the use and scale prescribed by Presidential Decree shall be partitioned with firewalls in accordance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
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| Article 50-2 (Egress from high-rise buildings and safety control) |
| (1) | High-rise buildings shall have refuge areas or stairways where refuge areas are secured, as prescribed by Presidential Decree. In such cases, the standards for establishment of refuge areas, standards for installation of stairways and structures thereof, and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | A sign shall be posted at each refuge area, evacuation facility, or refuge area established in high-rise buildings, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, to display they are used for evacuation in cases of a fire or other accidents. <Added on Jan. 6, 2015> |
| (3) | To prevent fires in high-rise buildings and to reduce damage therefrom, standards stricter than those prescribed in Articles 48 through 50 may apply, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jan. 6, 2015; Apr. 17, 2018> |
[This Article Added on Sep. 16, 2011]
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| Article 51 (Buildings in fire prevention districts) |
| (1) | Main structural members, roofs, and exterior walls of each building in a fire prevention district as defined in Article 37(1)3 of the National Land Planning and Utilization Act (hereinafter referred to as "fire prevention district") shall have a fire-resistant structure; provided, the same shall not apply in cases prescribed by Presidential Decree. <Amended on Jan. 14, 2014; Apr. 18, 2017; Aug. 14, 2018> |
| (2) | Main parts of each structure installed on the roof of a building or a structure with a height of three or more meters in a fire prevention district, such as a signboard, an advertising tower, and other structures prescribed by Presidential Decree, shall be built with incombustible materials. |
| (3) | Roofs, fire doors, and exterior walls adjoining to the boundaries of adjoining building sites in a fire prevention district shall be built with the structures and materials specified by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
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| Article 52 (Finishing materials for building) |
| (1) | Interior finishing materials (including the core materials in cases of composite materials defined in Article 52-4(1)), such as those used for walls, ceilings, and roofs (only applicable to buildings without ceilings) for any building for such use and scale as prescribed by Presidential Decree shall be fireproof, and meet the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport, in consultation with the heads of relevant central administrative agencies, based upon consideration of the standards and recommendations for the maintenance of indoor air quality under Articles 5 and 6 of the Indoor Air Quality Control Act. <Amended on Dec. 29, 2009; Mar. 23, 2013; Jan. 6, 2015; Dec. 22, 2015; Mar. 16, 2021> |
| (2) | Finishing materials used for the exterior walls of a building prescribed by Presidential Decree (including each material in cases of materials manufactured with two or more materials) shall be using fireproof materials. In such cases, criteria for finishing materials shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Dec. 29, 2009; Mar. 23, 2013; Mar. 16, 2021> |
| (3) | Floor finishing materials for bathrooms, toilets, public baths, etc. shall meet the criteria for anti-slip surfaces prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Jul. 16, 2013> |
| (4) | The fire prevention capability, etc. of the windows and doors of a building whose use and scale is prescribed by Presidential Decree, which are installed in exterior walls, shall meet the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport, taking into account the separation distance with the adjoining site, so as not to undermine fire prevention capability. <Added on Dec. 22, 2020> |
[Title Amended on Dec. 29, 2009; Dec. 22, 2020]
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| Article 52-2 (Interior architecture) |
| (1) | Interiors of buildings for the use and of the scale prescribed by Presidential Decree, shall be constructed with a safe and fireproof structure and using materials that would not adversely affect users’ safety. |
| (2) | Standards for the structures and methods of interior architecture, and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall inspect whether interior architecture is executed in compliance with paragraphs (1) and (2). In such cases, buildings subject to inspections and the frequency of such inspections shall be prescribed by a building ordinance. |
[This Article Added on May 28, 2014]
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| Article 52-3 (Management of manufacture and distribution of building materials) |
| (1) | Every manufacturer and distributor shall manufacture, keep, or distribute building materials so as not to impede the safety, functions, etc. of buildings. |
| (2) | In order to check whether the structural standards for buildings, criteria for materials, etc. are observed at construction sites, the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request a manufacturer or distributor to submit necessary data or inspect any building construction site, manufacturer's manufacturing site, distributor's place of distribution, etc. and may collect samples to test their performance, if necessary. |
| (3) | Where any violation is identified through an inspection conducted under paragraph (2), the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may take such measures as suspending construction works or suspending use, or may request a related institution to take measures such as business suspension, in accordance with related Acts. |
| (4) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, and the head of a Si/Gun/Gu may authorize specialized institutions prescribed by Presidential Decree to perform the affairs related to the inspection under paragraph (2) as proxies. |
| (5) | Procedures for conducting inspections under paragraph (2), and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
[This Article Added on Feb. 3, 2016]
[Moved from Article 24-2; previous Article 52-3 Moved to Article 52-4 <Apr. 23, 2019>]
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| Article 52-4 (Quality control of building materials) |
| (1) | A manufacturer or distributor of finishing materials referred to in Article 52, including composite materials (referring to materials consisting of noncombustible double-sided steel plates, stone, concrete or materials similar thereto and combustible core materials), fire doors, or any other building materials prescribed by Presidential Decree, a contractor, and a project supervisor shall submit a quality control report stating matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "quality control report") to the competent permitting authority, as prescribed by Presidential Decree. <Amended on Apr. 23, 2019; Mar. 16, 2021> |
| (2) | A manufacturer and distributor of the building materials referred to in paragraph (1) shall entrust a testing institution prescribed by Presidential Decree, such as the Korea Institute of Civil Engineering and Building Technology established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, to conduct performance tests for such building materials. <Amended on Apr. 23, 2019> |
| (3) | The head of a testing institution conducting a performance test under paragraph (2) shall provide or disclose the information necessary for quality control of building materials, such as the results of the performance test, to institutions or organizations, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Apr. 23, 2019> |
| (4) | An institution or organization in receipt of any information under paragraph (3) shall post the information on building materials on its website, etc. to make it available to the public. <Added on Apr. 23, 2019> |
| (5) | In cases of insulation materials prescribed by Decree of the Ministry of Land, Infrastructure and Transport, among building materials referred to in paragraph (1), information on the relevant building materials shall be displayed on its surface in compliance with the standards publicly notified by the Minister of Land, Infrastructure and Transport. <Added on Apr. 23, 2019> |
| (6) | Analyses and testing of noncombustible components of composite materials, standards for non-combustibility, testing fees, and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 23, 2019> |
[This Article Added on Jan. 6, 2015]
[Title Amended on Apr. 23, 2019]
[Moved from Article 52-3 <Apr. 23, 2019>]
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| Article 52-5 (Quality recognition of building materials) |
| (1) | Building materials prescribed by Presidential Decree, such as fire doors and composite materials, and fire-resistant structures (hereinafter referred to as "building materials, etc.") shall be recognized as having quality that conforms to the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport in terms of fire prevention capability, quality control, and the like. |
| (2) | Construction participants, etc. shall use only the building materials, etc. the quality of which is recognized pursuant to paragraph (1), and manufacture, distribute, or construct as recognized. |
[This Article Added on Dec. 22, 2020]
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| Article 52-6 (Designation and operation of institutions recognizing quality of building materials) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a public institution prescribed in Article 4 of the Act on the Management of Public Institutions, which conducts building-related affairs and which is prescribed by Presidential Decree, as an institution conducting business affairs related to quality recognition (hereinafter referred to as "an institution recognizing quality of building materials, etc."). |
| (2) | An institution recognizing quality of building materials, etc. shall conduct affairs related to quality recognition of building materials, etc. under Article 52-5(1), and may collect fees from applicants for quality recognition, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where building materials the quality of which is recognized as adequate under paragraph (2) (hereinafter referred to as "materials, etc. whose quality is recognized") fall under any of the following subparagraphs, an institution recognizing quality of building materials, etc. may revoke the recognition; provided, in cases falling under subparagraph 1, said recognition shall be revoked: |
| 1. | Where recognition is obtained by fraud or other improper means; |
| 2. | Where such materials are manufactured, distributed, or constructed differently from details recognized; |
| 3. | Where materials, etc. whose quality is recognized fail to meet the quality control standards determined and publicly notified by the Minister of Land, Infrastructure and Transport; |
| 4. | Where the results of a test designed to extend the effective period of recognition are not submitted. |
| (4) | To ascertain whether the duty to maintain and control quality of building materials, etc. under Article 52-5(2) is observed, an institution recognizing quality of building materials, etc. shall inspect a testing place for building materials, a manufacturing site of a manufacturer, a distribution place of a distributor, a construction site, etc. under Article 52-4. |
| (5) | Where an institution recognizing quality of building materials, etc. finds any violation as a result of the inspection conducted under paragraph (4), it shall notify the Minister of Land, Infrastructure and Transport of such fact. In such cases, the Minister of Land, Infrastructure and Transport may take measures, such as the suspension of construction works and the suspension of use, as prescribed by Presidential Decree, or request a relevant institution to take measures, such as the suspension of business, pursuant to relevant statutes. |
| (6) | To verify the status of quality control of building materials, etc., an institution recognizing quality of building materials, etc. may request a manufacturer, distributor, construction participant, etc. to submit materials, such as the results of production and sale of building materials, etc. and the results of construction at each site, as prescribed by Presidential Decree. |
| (7) | The Minister of Land, Infrastructure and Transport shall determine and publicly notify matters necessary for an institution recognizing quality of building materials, etc. to operate the quality recognition system, such as recognition procedures and quality control. |
[This Article Added on Dec. 22, 2020]
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| Article 53 (Basement levels) |
| (1) | The structures and facilities of basement levels installed in buildings shall comply with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 26, 2023> |
| (2) | No living room shall be installed in the basement level of buildings prescribed by Presidential Decree, such as detached housing and multi-family housing; provided, this shall not apply to cases prescribed by ordinance of the relevant local government, in consideration of the following matters: <Added on Dec. 26, 2023> |
| 1. | Regional characteristics, including level of flood risk; |
| 2. | Possibility of escape and evacuation; |
| 3. | Other matters related to residential safety. |
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| Article 53-2 (Anti-crime for buildings) |
| (1) | The Minister of Land, Infrastructure and Transport may determine and publicly notify anti-crime standards regarding buildings, building service, and sites, in order to prevent crimes and create a safe residential environment. |
| (2) | Buildings prescribed by Presidential Decree shall be constructed in compliance with the anti-crime standards determined under paragraph (1). |
[This Article Added on May 28, 2014]
CHAPTER VI BUILDINGS IN AREAS AND DISTRICTS
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| Article 54 (Measures to be taken where building site stretches over two or more areas, zones or districts) |
| (1) | Where a building site stretches over two or more areas, zones (excluding green areas and fire prevention districts; hereafter in this Article the same shall apply) or districts defined in this Act or any other Act, the provisions of this Act, relevant to the buildings and their sites in an area, zone, or district in which more than half of the site lies, shall apply to the whole of the building and its site as prescribed by Presidential Decree. <Amended on Jan. 14, 2014; Apr. 18, 2017> |
| (2) | Where a single building stretches over a fire prevention district and other district, the provisions of this Act, relevant to the buildings in a fire prevention district, shall apply to the whole of the building; provided, the same shall not apply to any section in any district other than a fire prevention district, in cases where the part in a fire prevention district and the part in another district is separated by a firewall. |
| (3) | Where a building site stretches over a green area and any other area, zone, or district, the provisions of this Act, relevant to the buildings and their sites in any area, zone, or district other than a green area, shall apply; provided, paragraph (2) shall apply to a building in a green area, if it stretches over a fire prevention district. <Amended on Apr. 18, 2017> |
| (4) | Notwithstanding paragraph (1), if the competent local government prescribes, by municipal ordinance, a separate method applicable to a specific building site, because it deems it necessary to do so in light of the size of the site in question, the nature of the area, zone, or district for a specific use, and other conditions in the surroundings of the site, such separate method shall apply to the site. |
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| Article 55 (Building-to-land ratio) |
The maximum limit on the ratio of the building area (which shall be the aggregate of building areas, in cases where there are two or more buildings on a building site) to the area of a building site (hereinafter referred to as "building-to-land ratio") shall conform to the standards for the building-to-land ratio under Article 77 of the National Land Planning and Utilization Act; provided, if any provision of this Act requires higher or lower standards than the afore-said standards, such provision shall prevail.
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| Article 56 (Floor area ratio) |
The maximum limit on the ratio of total floor area (which shall be the aggregate of total floor areas, in cases where there are two or more buildings on a building site) to the area of a building site (hereinafter referred to as "floor area ratio") shall conform to the standards for the floor area ratio under Article 78 of the National Land Planning and Utilization Act; provided, if any provision of this Act requires higher or lower standards than the afore-said standards, such provision shall prevail.
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| Article 57 (Restrictions on partition of building sites) |
| (1) | A piece of land on which a building is situated shall not be partitioned into pieces with an area that does not reach the area specified by ordinance of the competent local government within the limit prescribed by Presidential Decree. |
| (2) | A piece of land on which a building is situated shall not be partitioned into pieces that do not meet the standards under Article 44, 55, 56, 58, 60, or 61. |
| (3) | Notwithstanding paragraphs (1) and (2), no land subject to a construction agreement may be partitioned into pieces, if such agreement has been authorized under Article 77-6. <Added on Jan. 14, 2014> |
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| Article 58 (Vacant lot within building site) |
Whenever a building is newly constructed, such building shall be set back by a distance specified by Presidential Decree, within the limit of six meters from the building line or the boundary of adjoining building sites, depending upon the zone or district of specific use, the use and size of the building under the National Land Planning and Utilization Act. <Amended on May 30, 2011>
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| Article 59 (Construction of party walls and connecting corridors) |
| (1) | Articles 58 and 61 hereof and Article 242 of the Civil Act shall not apply to any of the following cases: |
| 1. | Where two or more buildings are constructed with party walls (referring to those constructed with a distance of 50 centimeters or less from the boundary of the building site; hereinafter the same shall apply) in consideration of, among other things, the cityscape in an area prescribed by Presidential Decree; |
| 2. | Where a corridor or passage connecting to an adjacent building is installed in compliance with the standards prescribed by Presidential Decree. |
| (2) | The structures and scale of party walls, connecting corridors and passages referred to in subparagraphs of paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. |
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| Article 60 (Limits on heights of buildings) |
| (1) | Each permitting authority may determine and publicly announce the heights of buildings within a specific block (referring to an area surrounded by roads; hereinafter the same shall apply) in compliance with the standards and procedures prescribed by Presidential Decree; provided, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may relax the limits on the heights of buildings in a specific building site, subject to deliberation by the building committee, as prescribed by Presidential Decree, if he or she deems it necessary to do so. <Amended on Jan. 14, 2014> |
| (2) | The Special Metropolitan City Mayor or each Metropolitan City Mayor may determine the heights of buildings within a specific block referred to in paragraph (1) by ordinance of the Special Metropolitan City or the Metropolitan City, if necessary for maintaining the city. <Amended on Jan. 14, 2014> |
| (3) | Deleted. <May 18, 2015> |
| (4) | Notwithstanding paragraphs (1) and (2), if the effect on the surrounding environment, such as solar access and wind flow, and cityscape, is deemed negligible, the permitting authority may apply overlapping provisions on the relaxation of restrictions on building heights in a block under this Act and other statutes, subject to deliberation by the building committee. <Added on Feb. 3, 2022> |
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| Article 61 (Limits on heights of buildings for solar access) |
| (1) | The heights of buildings constructed within an exclusive residential area or a general residential area shall not exceed the heights prescribed by Presidential Decree based on the distance from the boundary line of adjoining building sites due north, in order to ensure solar access, etc. <Amended on Feb. 3, 2022> |
| (2) | The height of any of the following multi-family housing (excluding those constructed in a general commercial area or central commercial area) shall not exceed the height prescribed by Presidential Decree, in order to secure daylighting, etc.: <Amended on May 10, 2013> |
| 1. | Where multi-family housing has windows, etc. for daylighting facing the boundary line of adjoining building sites; |
| 2. | Where at least two units of multi-family housing are constructed on the same building site. |
| (3) | A building may be constructed to a height not exceeding the height prescribed by Presidential Decree based on the distance from the boundary line of adjoining building sites due south, notwithstanding paragraph (1), if: <Amended on May 30, 2011; Jan. 14, 2014; Jun. 3, 2014; Jan. 19, 2016; Feb. 8, 2017> |
| 1. | The building is constructed in a housing site development district designated under Article 3 of the Housing Site Development Promotion Act; |
| 2. | The building is constructed in a building site development project district designated under Article 15 of the Housing Act; |
| 3. | The building is constructed in a regional development project district designated under Article 11 of the Regional Development Assistance Act; |
| 4. | The building is constructed in a national industrial complex, a general industrial complex, an urban high-tech industrial complex, or an agro-industrial complex designated under Article 6, 7, 7-2, or 8 of the Industrial Sites and Development Act; |
| 5. | The building is constructed in an urban development zone defined in Article 2(1)1 of the Urban Development Act; |
| 6. | The building is constructed in a maintenance and improvement zone designated under Article 8 of the Act on the Improvement of Urban Areas and Residential Environments; |
| 7. | The building is constructed on a building site adjoining a road, park, river, or any vacant lot due north, on which construction of any building is prohibited; |
| 8. | An agreement is made with the owners of the adjoining building sites due north, or in other cases prescribed by Presidential Decree. |
| (4) | A building with two floors or less with a height of up to eight meters may be exempt from the application of paragraphs (1) through (3), as prescribed by ordinance of the competent local government. |
CHAPTER VII BUILDING SERVICE
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| Article 62 (Standards for building service) |
The standards for the installation and structure of building service and matters necessary for the planning and supervision of projects shall be prescribed by Presidential Decree.
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| Article 63 Deleted. <May 18, 2015> |
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| Article 64 (Elevators) |
| (1) | A client who intends to build a building (excluding buildings prescribed by Presidential Decree) with at least six floors and a total floor area of at least 2,000 square meters shall have an elevator installed therein. In such cases, the size and structure of elevators shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | A building taller than 31 meters shall have an additional elevator for emergency purposes as prescribed by Presidential Decree in addition to an elevator under paragraph (1); provided, the same shall not apply to any of the buildings specified by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | At least one elevator installed in a high-rise building pursuant to paragraph (1) shall be an evacuation elevator, as prescribed by Presidential Decree. <Added on Apr. 17, 2018> |
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| Article 64-2 Deleted. <May 28, 2014> |
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| Article 65 Deleted. <Feb. 22, 2012> |
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| Article 65-2 (Certification of intelligent buildings) |
| (1) | In order to vitalize the construction of intelligent buildings, the Minister of Land, Infrastructure and Transport shall implement an intelligent building certification program. <Amended on Mar. 23, 2013> |
| (2) | To certify intelligent buildings under paragraph (1), the Minister of Land, Infrastructure and Transport may designate certification institutions. <Amended on Mar. 23, 2013> |
| (3) | Each person who intends to obtain certification of an intelligent building shall apply for certification to any of the certification institutions designated under paragraph (2). |
| (4) | In order to maximize the productivity of buildings and efficiency of operation of facilities through optimized combination of facilities constituting buildings and various technologies, the Minister of Land, Infrastructure and Transport shall publicly notify the standards for certification of intelligent buildings, including the following: <Amended on Mar. 23, 2013> |
| 1. | Standards and procedures for certification; |
| 2. | Standards for publicizing the indication of certification; |
| 5. | Grades of certification, evaluation criteria, etc. |
| (5) | Standards and procedures for the designation of certification institutions, procedures for applying for certification under paragraphs (2) and (3), and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (6) | With regard to a building certified as an intelligent building, the competent permitting authority may relax the restrictions on the landscaping area referred to in Article 42 down to 85/100 and the floor area ratio and height of the buildings referred to in Articles 56 and 60 up to 115/100. |
[This Article Added on May 30, 2011]
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| Article 66 Deleted. <Feb. 22, 2012> |
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| Article 66-2 Deleted. <Feb. 22, 2012> |
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| Article 67 (Related specialized engineers) |
| (1) | When a designer draws up the design or a project supervisor supervises construction works for the safety of a building site, structural safety of a building, or installation, etc. of appurtenant structures and building service under Articles 40,41,48 through 50,50-2,51,52,62, and 64 hereof, and Article 15 of the Green Buildings Construction Support Act, he or she shall consult with the related specialized engineers having any of the following qualifications (excluding persons in whose case the period prescribed by Presidential Decree has not passed since he or she was punished under subparagraph 2 of Article 21 of the Professional Engineers Act), as prescribed by Presidential Decree: <Amended on Feb. 3, 2016; Jun. 9, 2020; Mar. 16, 2021> |
| 1. | A person who has registered the establishment of a professional engineer office under Article 6 of the Professional Engineers Act; |
| 2. | A person registered as a construction engineering business entity under Article 26 of the Construction Technology Promotion Act; |
| 3. | A person who has reported engineering business under Article 21 of the Engineering Industry Promotion Act; |
| 4. | A person registered for design business and supervision services under Article 14 of the Electric Technology Management Act. |
| (2) | Every related specialized engineer shall provide his or her services to ensure that the buildings comply with the provisions of this Act, orders and dispositions issued under this Act, and other relevant statutes and regulations and that such buildings will not undermine safety, functions, and aesthetics. |
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| Article 68 (Technical standards) |
| (1) | Except as otherwise expressly provided for in this Act, technical standards for the safety of building sites, the structural safety of buildings, and building service provided for in Articles 40,41,48 through 50,50-2,51,52,52-2,62, and 64 hereof shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport, but the Minister of Land, Infrastructure and Transport may, if further detailed standards are required, prescribe such detailed standards or may allow a research institute (including any testing laboratory or inspection institution), an academic organization, or any other related institution or organization designated by the Minister of Land, Infrastructure and Transport to establish such standards, subject to approval of the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jan. 14, 2014; May 28, 2014> |
| (2) | The Minister of Land, Infrastructure and Transport shall submit the proposed standards to the building committee for deliberation before prescribing the detailed standards or granting approval pursuant to paragraph (1). <Amended on Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall issue public notice of the detailed standards prescribed or approved by him or her pursuant to paragraph (1). <Amended on Mar. 23, 2013> |
| (4) | Where new technology or product concerning building service is developed, to which the technical standards or detailed standards prescribed in paragraph (1) are hardly applicable, if the Minister of Land, Infrastructure and Transport evaluates the technology or product upon receipt of an application from the developer and determines that such technology or product is novel, non-obvious, and industrially applicable, he or she may recognize the standards for installation, etc., subject to deliberation by a building committee. <Added on Apr. 7, 2020> |
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| Article 68-2 Deleted. <Aug. 11, 2015> |
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| Article 68-3 (Management of standards for structures and materials of buildings) |
| (1) | The Minister of Land, Infrastructure and Transport shall conduct monitoring (hereafter in this Article referred to as "construction monitoring") to examine whether the standards for structures, materials, etc. of buildings referred to in Articles 48,48-2,49,50,50-2,51,52,52-2,52-4, and 53, are appropriate in terms of climate change, changes in construction technology, etc. at the period prescribed by Presidential Decree. <Amended on Apr. 23, 2019> |
| (2) | The Minister of Land, Infrastructure and Transport may designate a specialized institution to conduct construction monitoring. |
[This Article Added on Jan. 6, 2015]
CHAPTER VIII SPECIAL BUILDING ZONES
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| Article 69 (Designation of special building zones) |
| (1) | Where deemed necessary to apply special provisions for any part of a city or an area according to the following classifications, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may designate such part as a special building zone: <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| 1. | Where it is designated by the Minister of Land, Infrastructure and Transport: |
| a. | A project zone of the city or area where an international event, etc. is held by the State; |
| b. | A project zone prescribed by Presidential Decree, which is set under a national policy project under relevant statutes or regulations; |
| 2. | Where it is designated by a Mayor/Do Governor: |
| a. | A project zone of the city or area where an international event, etc. is held by the local government; |
| b. | A project zone prescribed by Presidential Decree, which is set to create buildings or urban environments under a city development or readjustment project or an architectural culture promotion project under relevant statutes or regulations; |
| c. | Other project zones of a city or area prescribed by Presidential Decree. |
| (2) | None of the following areas and zones may be designated as a special building zone, notwithstanding paragraph (1): |
| 1. | A development restriction zone designated under the Act on Special Measures for Designation and Management of Development Restriction Zones; |
| 2. | A natural park under the Natural Parks Act; |
| 3. | A road zone designated under the Road Act; |
| 4. | A conserved mountainous district designated under the Mountainous Districts Management Act; |
| 5. | Deleted; <Feb. 3, 2016> |
| (3) | Where an area the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor intends to designate as a special building zone, is within a military base and installation protection zone designated under the Protection of Military Bases and Installations Act, he or she shall consult with the Minister of National Defense in advance. <Added on Feb. 3, 2016> |
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| Article 70 (Buildings in special building zones) |
Buildings eligible for special provisions such as a building code under Article 73 in a special building zone shall be:
| 1. | A building constructed by the State or a local government; |
| 2. | A building constructed by any of the public institutions prescribed by Presidential Decree among the public institutions referred to in Article 4 of the Act on the Management of Public Institutions; |
| 3. | Other buildings for the use and of the scale prescribed by Presidential Decree, to which the competent permitting authority deems necessary to make a special exception in order to create the cityscape, improve construction technology, or improve systems relating to building works. |
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| Article 71 (Procedures for designation of special building zones) |
| (1) | If it is necessary to designate a special building zone, the head of a central administrative agency or a Mayor/Do Governor having jurisdiction over any of the project zones referred to in the subparagraphs of Article 69(1) (hereafter in this Chapter referred to as "applicant for designation") may file an application for designation of a special building zone with the Minister of Land, Infrastructure and Transport; and the head of a Si/Gun/Gu having jurisdiction over any of the project zones referred to in the subparagraphs of Article 69(1) may file such application with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor, accompanied by documents containing the following information: <Amended on Apr. 14, 2011; Mar. 23, 2013; Jan. 14, 2014> |
| 1. | Matters concerning the location, boundaries, area, etc. of the special building zone; |
| 2. | Purposes and necessity of the designation of the special building zone; |
| 3. | Matters concerning the scale, and uses of buildings within the special building zone; |
| 4. | Matters concerning the urban/Gun management plan for the special building zone. In such cases, further details of the urban/Gun management plan shall be prescribed by Presidential Decree; |
| 5. | Matters concerning the method of placing orders for designing of buildings, and supervision over and execution of construction works; |
| 6. | A plan for operation and management of facilities, such as art works, annexed parking lots, and parks, which shall be uniformly applicable to the whole or part of the special building zone pursuant to Article 74. In such cases, matters concerning the method of preparation, form, and details of plans for operation and management shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport; |
| 7. | Other matters prescribed by Presidential Decree as necessary to designate the special building zone. |
| (2) | Any person, other than the applicant for designation under paragraph (1), may suggest to a relevant Mayor/Do Governor having jurisdiction over the project zone under Article 69(1)2 that he or she designate a special building zone. <Added on Apr. 7, 2020> |
| (3) | Necessary matters regarding the methods and procedures for suggestion to designate a special building zone under paragraph (2) and the like shall be prescribed by Presidential Decree. <Added on Apr. 7, 2020> |
| (4) | Upon receiving an application for designation filed under paragraph (1), the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor shall examine the details thereof, such as the necessity and feasibility of, and public interest in, the designation of the special building zone as well as evacuation, disaster prevention measures, etc. and shall submit the application for designation to the building committee established by the Minister of Land, Infrastructure and Transport (hereinafter referred to as the "Central Building Committee"), if the Minister of Land, Infrastructure and Transport has received the application, or to the building committee established by the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor, if the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor has received the application, for deliberation to make a decision on whether to approve the designation within 30 days of receiving the application for designation. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 14, 2014; Apr. 7, 2020> |
| (5) | The Minister of Land, Infrastructure and Transport or the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor may, if necessary, make adjustments of the boundaries of the special building zone, the urban/Gun management plan, and other matters, considering the results of deliberation by the Central Building Committee or the building committee established by the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor.<Amended on Apr. 14, 2011; Mar. 23, 2013; Jan. 14, 2014; Apr. 7, 2020> |
| (6) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may designate a special building zone at his or her discretion, if necessary. In such cases, he or she shall conduct a review of the necessity and feasibility of, and public interest in, said designation, and evacuation, disaster prevention measures, etc. based on the documents containing the information referred to in the subparagraphs of paragraph (1) and shall refer the case to the Central Building Committee or to the building committee established by the Mayor/Do Governor for deliberation. <Amended on Jan. 14, 2014; Apr. 7, 2020> |
| (7) | Upon designation of a special building zone or modification or cancellation of such designation, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall give public notice of major details thereof in the Official Gazette (public gazette in the case of a Mayor/Do Governor), as prescribed by Presidential Decree; and the Minister of Land, Infrastructure and Transport or the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor shall forward each copy of relevant documents to the applicant for designation. <Amended on Mar. 23, 2013; Jan. 14, 2014; Apr. 7, 2020> |
| (8) | Upon receipt of the copies of relevant documents under paragraph (7), the applicant for designation shall take necessary measures, such as filing an application for approval of the topographic maps pursuant to Article 32 of the National Land Planning and Utilization Act, if the relevant documents include any matter subject to the decision on the urban/Gun management plan. <Amended on Apr. 14, 2011; Apr. 7, 2020> |
| (9) | If any change occurs after the special building zone is designated, the applicant for designation shall obtain a revised designation. In such cases, necessary matters such as the scope of changes subject to the revised designation and the procedure for the revised designation shall be prescribed by Presidential Decree. <Amended on Apr. 7, 2020> |
| (10) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may wholly or partially cancel the designation of a special building zone in any of the following cases. In such cases, the Minister of Land, Infrastructure and Transport or the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor shall hear the opinion of the applicant for designation: <Amended on Mar. 23, 2013; Jan. 14, 2014; Apr. 7, 2020> |
| 1. | If a request is made by the applicant for designation; |
| 2. | Where the agency has obtained the designation by fraud or other improper means; |
| 3. | If the applicant for designation fails to commence construction works for the buildings appropriate for the purpose for which the special building zone has been designated within five years from the date of designation of the special building zone; |
| 4. | If the applicant for designation fails to comply with any of the requirements for designation of the special building zone, but it is impossible to make a correction. |
| (11) | The designation of a special building zone or a revision thereto shall be deemed to be a decision on the urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act (excluding the designation of an area, a district, or a zone for a specific use or revision thereto). <Amended on Apr. 14, 2011; Apr. 7, 2020; Jun. 9, 2020> |
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| Article 72 (Deliberation on buildings within special building zones) |
| (1) | Each person who intends to file an application for building permission subject to special provisions such as a building code in accordance with Article 73 (hereafter in this Article referred to as "applicant for building permission") shall file the application for building permission with the competent permitting authority in accordance with Article 11, accompanied by a special exception plan stating the following matters. In such cases, the method of preparation of such special exception plan and the documents required shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013> |
| 1. | Matters for which the applicable standards are requested to be relaxed pursuant to Article 5; |
| 2. | Matters concerning the requirements for the designation of the special building zone under Article 71; |
| 3. | Grounds on which the special cases concerning exclusion from the application of Article 73(1) is applicable and effects expected therefrom; |
| 4. | Documents supporting the equal or higher performance for justifying the special cases concerning the application of relaxed standards under Article 73(2); |
| 5. | A plan for construction, maintenance, and management of the buildings. |
| (2) | Every building permission applied for under paragraph (1) shall be deliberated upon by the building committee established by the competent Mayor/Do Governor or the head of Si/Gun/Gu pursuant to Article 4(1) (hereinafter referred to as "local building committee") as to whether the relevant building is appropriate for the purposes of designation of the special building zone, the special exception plan, and other relevant matters. |
| (3) | Each applicant for building permission who desires the statement of traffic impact assessment referred to in Article 16 of the Urban Traffic Improvement Promotion Act to be examined simultaneously with the process for the building permission under paragraph (1), may file an application for examination with the competent permitting authority, accompanied by the documents related to the statement of traffic impact assessment under Article 16 of said Act. <Amended on Mar. 28, 2008; Jul. 24, 2015> |
| (4) | Where the competent local building committee completes the combined deliberation on the statement of traffic impact assessment under paragraph (3), the examination of the statement of traffic impact assessment under Article 17 of the Urban Traffic Improvement Promotion Act shall be deemed completed. <Amended on Mar. 28, 2008; Jul. 24, 2015> |
| (5) | Whenever there occurs any of the changes prescribed by Presidential Decree in the matters deliberated pursuant to paragraphs (1) and (2), such change shall be referred to the local building committee for deliberation on revision. In such cases, paragraphs (1) through (3) shall apply mutatis mutandis to such deliberation on changes. |
| (6) | The Minister of Land, Infrastructure and Transport or the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor may conduct monitoring (referring to reviewing the progress of construction of a building, supervision over construction works, maintenance and management of the building to which the special provisions have applied; and analyzing and assessing the functions, fine view, and environment of the building that have been actually realized; hereafter in this Chapter the same shall apply) of buildings for which building permission has been granted pursuant to paragraphs (1) and (2), hearing the opinion of the competent permitting authority, in order to improve systems relating to building works and construction technology. <Amended on Feb. 3, 2016> |
| (7) | A permitting authority shall submit to the Minister of Land, Infrastructure and Transport in the case of the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, and the Special Self-Governing Province Governor, and to the Special Metropolitan City Mayor, a Metropolitan City Mayor, and a Do Governor, in the case of the head of a Si/Gun/Gu, materials prescribed by Decree of the Ministry of Land, Infrastructure and Transport, necessary to deliberate on the plan to apply special provisions to the buildings for which building permission has been granted pursuant to paragraphs (1) and (2) <Amended on Mar. 23, 2013; Jan. 14, 2014; Feb. 3, 2016> |
| (8) | Each contracting authority defined in subparagraph 6 of Article 2 of the Construction Technology Promotion Act, to whom building permission was granted pursuant to paragraphs (1) and (2), may involve the designer in the construction works of the building, even after the building permission was granted, if necessary for realizing the design intent, monitoring construction works and supervision, and performing other works commissioned by the contracting authority. In such cases, the scope of the works of such designer and the remuneration therefor shall be prescribed by Presidential Decree. <Amended on May 22, 2013> |
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| Article 73 (Special cases concerning application of related statutes and regulations) |
| (1) | Buildings constructed in special building zones may be exempted from the following provisions: <Amended on Jan. 19, 2016; Feb. 3, 2016> |
| 1. | Articles 42,55,56,58,60, and 61; |
| 2. | Provisions prescribed by Presidential Decree among Article 35 of the Housing Act. |
| (2) | Where a building to be constructed in a special building zone falls under any provision of Articles 49,50,50-2,51 through 53,62, and 64 hereof, and Article 15 of the Green Buildings Construction Support Act, the standards of the relevant provision may be fully or partially relaxed in the application to such building, only when the competent local building committee approves that it is possible to satisfy the standards or functions required by the relevant provision with any other means. <Amended on Jan. 14, 2014> |
| (3) | Where it is possible to satisfy the standards or functions required by Articles 9 and 11 of the Installation, Maintenance, and Safety Control of Firefighting Systems Act with any other means in compliance with the procedures and method of examination prescribed by Presidential Decree, such standards may be fully or partially relaxed in the application to such cases. <Amended on Aug. 4, 2011> |
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| Article 74 (Preparation and implementation of integrated application plans) |
| (1) | The provisions of related statutes or regulations governing the following matters may be integrated to apply to the whole or any part of a special building zone, instead of applying them individually to each of the buildings therein: <Amended on Jan. 14, 2014> |
| 1. | Installation of art works in the buildings under Article 9 of the Culture and Arts Promotion Act; |
| 2. | Installation of an annexed parking lot under Article 19 of the Parking Lot Act; |
| 3. | Installation of a park under the Act on Urban Parks and Green Areas. |
| (2) | An applicant for designation who intends to apply the integrated provisions of related statutes or regulations pursuant to paragraph (1), shall estimate the demand for art works, annexed parking lots, and parks for the whole or part of a special building zone to meet or exceed the standards prescribed by individual Acts, and shall establish an integrated application plan, based on such considerations as the convenience, comfort, and safety of users. <Amended on Jan. 14, 2014> |
| (3) | When each applicant for designation prepares an integrated application plan pursuant to paragraph (2), he or she shall consult with the competent permitting authority having jurisdiction over the relevant zone, and the permitting authority shall, upon receipt of a request for such consultation, present his or her opinion to the applicant for designation within 20 days from receipt of such request. |
| (4) | When each applicant for designation prepares an integrated application plan that requires a consequential revision to the relevant urban/Gun management plan, he or she shall forward the plan to the person having the authority to make decisions on the urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act, and the person having the authority to make decisions on the urban/Gun management plan shall take measures necessary for revising the urban/Gun management plan unless there is a compelling reason not to do so. <Amended on Apr. 14, 2011; Jun. 9, 2020> |
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| Article 75 (Duties and responsibilities of clients) |
| (1) | Every project supervisor, contractor, client, owner, or manager of a building under construction in a special building zone with building permission granted by applying special provisions such as a building code pursuant to Article 73, shall take measures necessary for maintaining the original form, materials, and colors of the building as described in the building permission during the construction period and after approval for the use of the building is granted. <Amended on Jan. 17, 2012> |
| (2) | Deleted. <Feb. 3, 2016> |
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| Article 76 (Obligations of permitting authorities) |
| (1) | Each permitting authority shall endeavor to encourage designers to manifest their creativeness and aesthetic value through their architectural works in each special building zone and induce the improvement of related systems and technology. |
| (2) | Each permitting authority shall submit the findings of monitoring conducted under Article 77(2) to the Minister of Land, Infrastructure and Transport or the Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor, who shall analyze the findings of the inspection and monitoring conducted under Article 77, and strive to improve the systems under this Act, or any relevant statutes or regulations. <Amended on Mar. 23, 2013; Jan. 14, 2014; Feb. 3, 2016> |
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| Article 77 (Inspections of buildings within special building zones) |
| (1) | The Minister of Land, Infrastructure and Transport and the competent permitting authority may conduct inspections of buildings within special building zones pursuant to Article 87, and take necessary measures, such as issuing a corrective order, pursuant to Article 79. <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| (2) | The Minister of Land, Infrastructure and Transport and the competent permitting authority may directly conduct monitoring on buildings subject to monitoring pursuant to Article 72(6) or request an expert or institution specializing in a specific field to provide such service. In such cases, the client, owner, or manager of the relevant building shall cooperate in the matters necessary for such monitoring, in the absence of special circumstances. <Amended on Mar. 23, 2013; Jan. 14, 2014; Feb. 3, 2016> |
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| Article 77-2 (Designation of special street zones) |
| (1) | In order to create a balanced cityscape by constructing buildings adjacent to streets, the Minister of Land, Infrastructure and Transport and the competent permitting authority may designate certain sites located adjacent to the streets prescribed by Presidential Decree in any of the following districts or zones, as special street zones, so that they can be exempt or relaxed from application of some provisions under this Act, or other related statutes or regulations: <Amended on Jan. 17, 2017> |
| 1. | Deleted; <Apr. 18, 2017> |
| 3. | Zones deemed necessary to maintain a fine view, out of district-unit planning zones. |
| (2) | The Minister of Land, Infrastructure and Transport and the competent permitting authority shall, before designating a special street zone under paragraph (1), submit the case to the building committee established by the Minister of Land, Infrastructure and Transport or the competent permitting authority for deliberation, accompanied by the documents stating the following matters: |
| 1. | Matters concerning the location, scope, and area of the special street zone; |
| 2. | Objectives of, and necessity for, the designation of the special street zone; |
| 3. | Matters concerning the scale, use, etc. of the buildings to be located within the special street zone; |
| 4. | Other matters prescribed by Presidential Decree as necessary for the designation of the special street zone. |
| (3) | When the Minister of Land, Infrastructure and Transport and the competent permitting authority designates a special street zone, or changes or cancels such designation, he or she shall inform the residents of such zone thereof, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
[This Article Added on Jan. 14, 2014]
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| Article 77-3 (Management of special street zones, and special cases concerning application of building code) |
| (1) | In order to ensure the efficient management of special street zones, the Minister of Land, Infrastructure and Transport and the competent permitting authority shall prepare and manage the details of designation mentioned in the subparagraphs of Article 77-2(2), as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (2) | Articles 71(9) and (10) (excluding the latter part, with the exception of the subparagraphs), 72(1) through (5),73(1) (excluding Articles 55 and 56 in the case of Article 77-2(1)3) and (2),75(1), and 77(1) shall apply mutatis mutandis to the procedures for change and cancellation of designation of special street zones, application of a building code to the buildings located in special street zones, etc. In such cases, "special building zone" shall be construed as "special street zone;" and "applicant for designation," "the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor," and "the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the permitting authority" shall be construed as "the Minister of Land, Infrastructure and Transport and the competent permitting authority," respectively. <Amended on Jan. 17, 2017; Apr. 7, 2020> |
| (3) | Article 46 hereof and Article 242 of the Civil Act shall not apply where the Minister of Land, Infrastructure and Transport or a permitting authority otherwise determines standards for arrangement of buildings within special street zones. <Added on Jan. 19, 2016> |
[This Article Added on Jan. 14, 2014]
CHAPTER VIII-2 CONSTRUCTION AGREEMENTS
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| Article 77-4 (Conclusionof construction agreements) |
| (1) | Persons prescribed by Presidential Decree, including the owners of land or buildings and persons with superficies (hereinafter referred to as "owners, etc.") may enter into an agreement by universal consent for the construction, substantial repair, or remodeling of the buildings (hereinafter referred to as "construction agreement") in any of the following areas or zones: <Amended on Feb. 3, 2016; Feb. 8, 2017; Apr. 18, 2017> |
| 1. | A district-unit planning zone designated under Article 51 of the National Land Planning and Utilization Act; |
| 2. | A rearrangement zone designated and publicly notified under Article 8 of the Act on the Improvement of Urban Areas and Residential Environments for implementing a residential environment improvement project as defined in subparagraph 2a of Article 2 of the same Act; |
| 3. | A preserved area as defined in subparagraph 6 of Article 2 of the Special Act on the Promotion of Urban Renewal; |
| 4. | An area for promotion of urban regeneration as defined in Article 2(1)5 of the Special Act on Promotion of and Support for Urban Regeneration; |
| 5. | Other zones designated by ordinance of the relevant local government as deemed necessary by a Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "person who has the right to authorize construction agreements") to improve its urban or residential environment. |
| (2) | Even where only one person owns at least two parcels of land in an area or zone described in the subparagraphs of paragraph (1), such one person may stipulate a construction agreement that sets any part of the said land as an area subject to the construction agreement. In such cases, such one person shall be deemed a party to the construction agreement. |
| (3) | Owners, etc. who enter into a construction agreement pursuant to paragraph (1) (including where only one person stipulates a construction agreement pursuant to paragraph (2): hereinafter the same shall apply) shall comply with the following requirements that: |
| 1. | They shall not violate this Act, or other applicable statutes or regulations; |
| 2. | They shall not violate the relevant urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act and the plan for construction, substantial repair, or remodeling of a building under Article 77-11(1) of this Act. |
| (4) | Construction agreements shall include: |
| 1. | Matters concerning the construction, substantial repair, or remodeling of buildings; |
| 2. | Matters prescribed by Presidential Decree in relation to the locations, uses, forms, and appurtenant facilities. |
| (5) | Where owners, etc. enter into a construction agreement, they shall prepare a written agreement that specifies: |
| 1. | Name of the construction agreement; |
| 2. | Location and scope of the area subject to the construction agreement; |
| 3. | Objectives of the construction agreement; |
| 4. | Details of the construction agreement; |
| 5. | Names, addresses, and dates of birth of the persons (referring to the registration number assigned pursuant to Article 49 of the Registration of Real Estate Act in the case of a corporation, an association or a foundation which is not a corporation, or a foreigner; the same shall apply in subparagraph 6) who conclude a construction agreement under paragraphs (1) and (2) (hereinafter referred to as "parties to a construction agreement"); |
| 6. | If a construction agreement operations committee has been formed under Article 77-5(1), the name of such committee and the name, address, and date of birth of its representative; |
| 7. | Validity of the construction agreement; |
| 8. | Sanction for a breach of the construction agreement; |
| 9. | Other necessary matters related to the construction agreement, which are prescribed by ordinance of the relevant local government. |
| (6) | Where a Mayor/Do Governor intends to designate a zone by municipal ordinance as deemed necessary under paragraph (1)4, he or she shall hear opinions of the head of the relevant Si/Gun/Gu. <Added on Feb. 3, 2016> |
[This Article Added on Jan. 14, 2014]
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| Article 77-5 (Establishment of construction agreement operations committee) |
| (1) | Parties to a construction agreement may, if necessary for preparing and managing the agreement, establish an operations committee (hereinafter referred to as "construction agreement operations committee") as an autonomous organization among parties to the construction agreement. |
| (2) | In order to establish a construction agreement operations committee pursuant to paragraph (1), the parties to the construction agreement shall appoint its representative by the consent of a majority of the parties and report thereon to the person who has the right to authorize construction agreements as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, this shall not apply where the parties have already included matters concerning the construction agreement operations committee at the time of application for authorization of the construction agreement under Article 77-6. |
[This Article Added on Jan. 14, 2014]
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| Article 77-6 (Authorization of construction agreements) |
| (1) | Parties to a construction agreement or the representative of a construction agreement operations committee shall prepare a written construction agreement and obtain authorization from the person who has the right to authorize construction agreements, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. In such cases, the person who has the right to authorize construction agreements, in receipt of an application for authorization, shall submit the case to the building committee under its jurisdiction before it authorizes the relevant contract. |
| (2) | Where any land subject to a construction agreement under paragraph (1) stretches over two or more Special Self-Governing Cities or Sis/Guns/Gus, an application for authorization of the construction agreement may be filed with the person who has the right to authorize construction agreements who has jurisdiction over the greater part of such land. In such cases, the person who has the right to authorize construction agreements, upon receipt of the application, shall hold consultations with other relevant Special Self-Governing City Mayor or heads of Sis/Guns/Gus before awarding authorization to the relevant contract. |
| (3) | Where a person who has the right to authorize construction agreements has authorized a construction agreement pursuant to paragraph (1), it shall publicly announce the relevant details, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
[This Article Added on Jan. 14, 2014]
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| Article 77-7 (Change of construction agreements) |
| (1) | If parties to a construction agreement or the representative of a construction agreement operations committee modifies any detail of the matters authorized pursuant to Article 77-6(1), they shall obtain authorization for such change as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, this shall not apply to any modification of minor matters prescribed by Presidential Decree. |
| (2) | Article 77-6 shall apply mutatis mutandis with regard to an authorization for change under paragraph (1). |
[This Article Added on Jan. 14, 2014]
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| Article 77-8 (Management of construction agreements) |
When a person who has the right to authorize construction agreements has authorized any construction agreement or authorized any change thereof in accordance with Article 77-6 or 77-7, it shall enter such authorization or authorization for change in a construction agreement ledger and manage such ledger as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.
[This Article Added on Jan. 14, 2014]
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| Article 77-9 (Revocation of construction agreements) |
| (1) | Any party to a construction agreement or the representative of a construction agreement operations committee that intends to revoke the agreement, shall obtain authorization from the person who has the right to authorize construction agreements, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, with the consent of a majority of the parties to the construction agreement; provided, it or he or she may file an application for revoking the construction agreement after the lapse of the period prescribed by Presidential Decree, where a report on the commencement of the construction works has been filed under Article 21 by applying special provisions under Article 77-13. <Amended on May 18, 2015; Jun. 9, 2020> |
| (2) | Article 77-6(3) shall apply mutatis mutandis to the revocation of construction agreements under paragraph (1). |
[This Article Added on Jan. 14, 2014]
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| Article 77-10 (Effect of and succession to construction agreements) |
| (1) | Owners, etc. who seek to conduct construction, substantial repair, or remodeling of buildings or to engage in any other activity prescribed in Presidential Decree in an area or zone subject to a construction agreement (hereinafter referred to as "construction agreement zone") shall comply with the construction agreement authorized pursuant to Article 77-6 or whose change has been authorized pursuant to Article 77-7. |
| (2) | A person who has obtained the right to any parcel of land or building in a construction agreement zone from the owner, etc. who is a party to the construction agreement by transfer or creation of such right after the construction agreement was publicly announced pursuant to Article 77-6(3) shall succeed to the status as a party to the construction agreement; provided, this shall not apply where the construction agreement provides otherwise. |
[This Article Added on Jan. 14, 2014]
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| Article 77-11 (Formulation of plans for construction agreements and grant of subsidies) |
| (1) | In order to ensure the efficient conclusion of a construction agreement by owners, etc. the person who has the right to authorize construction agreements may formulate a plan for the construction, substantial repair, or remodeling of buildings in a construction agreement zone. |
| (2) | A person who has the right to authorize construction agreements may grant subsidies to cover partial expenses incurred in relation to a residential environment improvement project, such as creation or maintenance of roads, in a construction agreement zone as prescribed by Presidential Decree. |
[This Article Added on Jan. 14, 2014]
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| Article 77-12 (Relationship to landscape agreements) |
| (1) | Where owners, etc. intend to enter into a landscape agreement under Article 19 of the Landscape Act along with a construction agreement under Article 77-4, they may apply for the authorization thereof to the person who has the right to authorize construction agreements by a document reflecting the matters described in Article 19(3) and (4) and Article 20 of the Landscape Act. |
| (2) | Where the person who has the right to authorize construction agreements receives an application for authorization under paragraph (1) and holds deliberations of the building committee before it awards the authorization, it shall hold joint deliberations with the Landscape Committee pursuant to Article 29(3) of the Landscape Act. |
| (3) | Where owners, etc. obtain the authorization of a construction agreement after undergoing the deliberations described in paragraph (2), they shall be deemed to obtain the authorization of a landscape agreement under Article 21 of the Landscape Act. |
[This Article Added on Jan. 14, 2014]
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| Article 77-13 (Special provisions under construction agreements) |
| (1) | Those who intend to construct at least two buildings with party walls as referred to in Article 59(1)1 by entering into a construction agreement pursuant to Article 77-4(1), may jointly apply for building permission under Article 11. |
| (2) | In the case of paragraph (1), Articles 17,21,22, and 25 need not apply to each building, but may apply as a whole to all or some of the buildings for which building permission is applied. |
| (3) | With respect to adjoining building sites in a construction agreement zone where the relevant construction agreement has been authorized, the following provisions of related statutes and regulations need not apply to each building, but may apply as a whole to the entire or any part of the zone: <Amended on May 18, 2015; Jan. 19, 2016> |
| 1. | Landscaping of building sites under Article 42; |
| 2. | Relationship between building sites and roads under Article 44; |
| 3. | Deleted; <Jan. 19, 2016> |
| 4. | Establishment of basement levels under Article 53; |
| 5. | Building-to-land ratios under Article 55; |
| 6. | Establishment of annexed parking lots under Article 19 of the Parking Lot Act; |
| 7. | Deleted; <Jan. 19, 2016> |
| 8. | Installation of private sewerage treatment facilities under Article 34 of the Sewerage Act. |
| (4) | In applying the provisions of the applicable statutes and regulations pursuant to paragraph (3), the criteria for landscaping and annexed parking lots for the entire or any part of a construction agreement zone, shall be assessed beyond the criteria set by this Act and the Parking Lot Act and applied thereto. |
| (5) | Where at least two buildings are constructed by sharing all or part of their partition walls upon entering into a construction agreement, special provisions prescribed in paragraphs (1) through (4) shall apply, and the standards provided for in this Act need not apply to each building, but may apply as a whole to all or some of the buildings for which permission is applied. <Added on Jan. 19, 2016> |
| (6) | Articles 42,55,56,58,60, and 61 hereof and Article 35 of the Housing Act may be relaxed to apply them to buildings constructed in construction agreement zones, as prescribed by Presidential Decree; provided, the relaxation of Article 56 shall undergo the consolidated deliberation by the building committee under Article 4 and the local urban planning committee under Article 113 of the National Land Planning and Utilization Act. <Added on Feb. 3, 2016> |
| (7) | Detailed matters concerning the methods, procedures, etc. for consolidated deliberation to be conducted under the proviso to paragraph (6) shall be prescribed by Presidential Decree. <Added on Feb. 3, 2016> |
| (8) | Article 72(1) (excluding subparagraphs 2 and 4) through (5) shall apply mutatis mutandis to the application of a building code to buildings in construction agreement zones under the main clause of paragraph (6). In such cases, "special building zone" shall be construed as "construction agreement zone." <Added on Feb. 3, 2016> |
[This Article Added on Jan. 14, 2014]
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| Article 77-14 (Designation of construction agreement concentration zones) |
| (1) | In order to enhance the functions and aesthetics of a city, a person who has the right to authorize construction agreements may designate all or part of an area or zone falling under any subparagraph of Article 77-4(1), as a construction agreement zone. |
| (2) | In designating a construction agreement concentration zone pursuant to paragraph (1), a person who has the right to authorize construction agreements shall refer the following matters in advance to the building committee under his or her jurisdiction, for deliberation: |
| 1. | Matters concerning the location, scope, size, etc. of the construction agreement concentration zone; |
| 2. | Purpose and necessity of designating the construction agreement concentration zone; |
| 3. | Matters specifically determined by a person who has the right to authorize construction agreements to enhance functions and aesthetics of the city in the construction agreement concentration zone among matters set forth in the subparagraphs of Article 77-4(4); |
| 4. | Matters specifically prescribed concerning the application of special provisions under construction agreements pursuant to Article 77-13, in the construction agreement concentration zone. |
| (3) | Article 77-6(3) shall apply mutatis mutandis to the designation of a construction agreement concentration zone under paragraph (1) or the alteration or cancellation of the designation thereof. |
| (4) | Where a construction agreement in a construction agreement concentration zone satisfies the details of deliberation set forth in the subparagraphs of paragraph (2), deliberation by a building committee under Article 77-6(1) may be omitted. |
[This Article Wholly Inserted on Apr. 18, 2017]
[Previous Article 77-14 moved to Article 77-15 <Apr. 18, 2017>]
CHAPTER VIII-3 COMBINED CONSTRUCTION
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| Article 77-15 (Areas eligible for combined construction) |
| (1) | Where the clients of two sites located in any of the following areas, the minimum distance between which is within the scope prescribed by Presidential Decree not exceeding 100 meters, have reached an agreement, they may conduct combined construction on the two sites: <Amended on Feb. 8, 2017; Apr. 18, 2017; Apr. 7, 2020> |
| 1. | A commercial area designated under Article 36 of the National Land Planning and Utilization Act; |
| 2. | A station area development zone designated under Article 4 of the Act on Developing and Using Station Areas; |
| 3. | A zone designated to implement a residential environment improvement project among rearrangement zones as defined in Article 2 of the Act on the Improvement of Urban Areas and Residential Environments; |
| 4. | Other areas designated by Presidential Decree as deemed necessary to improve their urban or residential environment, and to use land efficiently. |
| (2) | In any of the following cases, where the clients, etc. of at least three sites within the scope prescribed by Presidential Decree in an area falling under any subparagraph of paragraph (1) reach agreement, a combined construction may be conducted on those sites:<Added on Apr. 7, 2020> |
| 1. | In the case of a combined construction involving a building owned or managed by the State, a local government, or a public institution under Article 4(1) of the Act on the Management of Public Institutions; |
| 2. | In the case of removal of an unoccupied house under Article 2(1)1 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement or an unoccupied building under Article 42 of the Act on the Management of Buildings and of installation of a facility prescribed by Presidential Decree, such as a park or a square; |
| 3. | Other cases of combined construction involving a building prescribed by Presidential Decree. |
| (3) | Notwithstanding paragraphs (1) and (2), no combined construction shall be conducted in an area prescribed by ordinance of the relevant local government due to the formation of urban landscape, a shortage of infrastructure, etc.<Added on Apr. 7, 2020> |
| (4) | Article 77-4(2) shall apply mutatis mutandis where one person owns at least two sites to be used for combined construction under paragraph (1) or (2). <Amended on Apr. 7, 2020> |
[This Article Added on Jan. 19, 2016]
[Moved from Article 77-14; previous Article 77-15 moved to Article 77-16 <Apr. 18, 2017>]
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| Article 77-16 (Procedures for combined construction) |
| (1) | When a client who intends to conduct combined construction files an application for building permission under Article 11, the application shall be accompanied by an agreement on combined construction specifying the following matters, and the client shall also submit drawings and documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport: |
| 1. | Locations and specific use areas of the sites subject to combined construction; |
| 2. | Names, addresses, and dates of birth of persons (referring to the registration number assigned pursuant to Article 49 of the Registration of Real Estate Act in the case of a corporation, an association or a foundation which is not a corporation, or a foreigner) who have entered into an agreement on combined construction (hereinafter referred to as "parties to an agreement on combined construction"); |
| 3. | The floor area ratio prescribed by municipal ordinance under Article 78 of the National Land Planning and Utilization Act and the floor area ratio applicable to each site, which is adjusted for combined construction; |
| 4. | An architectural plan for each site subject to combined construction. |
| (2) | Where any site has been integrated into an urban or Gun planning project as defined in subparagraph 11 of Article 2 of the National Land Planning and Utilization Act, a permitting authority need not grant building permission. |
| (3) | A permitting authority shall undergo deliberation of the building committee before granting building permission under paragraph (1); provided,, where the floor area ratio applicable to each site, which is adjusted for combined construction, exceeds the floor area ratio prescribed by municipal ordinance on urban planning applicable to each site under Article 78 of the National Land Planning and Utilization Act by 20/100, it shall undergo a joint deliberation of the building committee and the urban planning committee, as prescribed by Presidential Decree. |
| (4) | Article 77-6(2) shall apply mutatis mutandis where the sites subject to combined construction span over at least two Special Self-Governing Cities, Special Self-Governing Provinces, and Sis/Guns/Gus. |
[This Article Added on Jan. 19, 2016]
[Moved from Article 77-15; previous Article 77-16 moved to Article 77-17 <Apr. 18, 2017>]
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| Article 77-17 (Management of combined construction) |
| (1) | Upon granting building permission that includes combined construction, the permitting authority shall publicly announce the details thereof, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and prepare and manage a combined construction ledger. |
| (2) | Upon receipt of an application for approval for use of a building related to combined construction under Article 77-15(1), the permitting authority shall grant an approval for use after confirming that measures specified in the report on the commencement of the construction works or measures prescribed by Presidential Decree have been performed on the other site subject to the relevant agreement on combined construction. <Amended on Apr. 7, 2020> |
| (3) | Upon permitting any combined construction, the permitting authority shall record the details of the combined construction in the building register, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (4) | An agreement reached under an agreement on combined construction shall be maintained for at least 30 years; provided, the same shall not apply where any new construction, alteration, or reconstruction is conducted upon reverting the standard for the floor area ratio specified in the agreement on combined construction to the original standard. |
| (5) | In order to revoke an agreement on combined construction, a report shall be filed with the permitting authority with the unanimous consent of parties to the agreement on combined construction, and the permitting authority shall accept the revocation of the combined construction after confirming the destruction of the building to which the floor area ratio has been transferred. In such cases, paragraphs (1) and (3) shall apply mutatis mutandis to the revocation of combined construction. |
| (6) | Articles 77-4(3) and 77-10 shall apply mutatis mutandis to whether an agreement on combined construction is complied with, and the effect and succession thereof. In such cases, "construction agreement" shall be construed as "agreement on combined construction." |
[This Article Added on Jan. 19, 2016]
[Moved from Article 77-16 <Apr. 18, 2017>]
CHAPTER IX SUPPLEMENTARY PROVISIONS
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| Article 78 (Supervision) |
| (1) | Where the Minister of Land, Infrastructure and Transport finds that any order or disposition issued by a Mayor/Do Governor or the head of a Si/Gun/Gu violates this Act, an order or a disposition issued under this Act, or any municipal ordinance of the competent local government or is unreasonable, he or she may order the Mayor/Do Governor or the head of Si/Gun/Gu to revoke or change such order or disposition, or to take other necessary measures. <Amended on Mar. 23, 2013> |
| (2) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor finds that any order or disposition issued by the head of a Si/Gun/Gu violates this Act, an order or a disposition issued under this Act, or any municipal ordinance of the competent local government, he or she may order the head of the Si/Gun/Gu to revoke or change such order or disposition, or to take other necessary measures. <Amended on Jan. 14, 2014> |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu who receives an order to take necessary measures under paragraph (1) shall report, without delay, the results of measures taken for correction to the Minister of Land, Infrastructure and Transport, while the head of a Si/Gun/Gu who receives such order under paragraph (2) shall, without delay, report the results of measures taken for correction to the Special Metropolitan City Mayor, Metropolitan City Mayor, or the Do Governor. <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| (4) | The Minister of Land, Infrastructure and Transport and each Mayor/Do Governor shall establish and implement a plan for guidance and inspection for each year, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, in order to provide guidance and conduct inspections for proper operation of the architectural administration system, the status of management of illegal buildings, and the better operation of architectural administration. <Amended on Mar. 23, 2013> |
| (5) | Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor finds that the method of deliberation of the building committee under Article 4-2 or results of deliberation thereof violates this Act, an order or a disposition issued under this Act or any municipal ordinance, or is unreasonable, he or she may revoke or change such method of deliberation or results of deliberation, or take other necessary measures. In such cases, matters concerning orders for investigations and corrections, procedures for changes, etc. pertaining to the deliberation shall be prescribed by Presidential Decree. <Added on Jan. 19, 2016> |
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| Article 79 (Measures against non-compliant buildings) |
| (1) | Where a building site or a building violates this Act, or an order or a disposition issued under this Act, a permitting authority may revoke the relevant permission or approval granted under this Act, issue an order to the client, contractor, site manager, owner, manager, or occupant of the building (hereinafter referred to as "client, etc.") to suspend construction works, or dismantle, alter, extend, repair, change the use of, prohibit or restrict the use of, the building, or take other necessary measures within a reasonable period set by the permitting authority. <Amended on Apr. 23, 2019; Apr. 30, 2019> |
| (2) | With respect to a building for which permission or approval has been revoked pursuant to paragraph (1), or a building for which a corrective order issued pursuant to paragraph (1), is disobeyed, the competent permitting authority may request any other permitting authority not to permit, license, or authorize, register, or designate a business or any other activities under any other statutes or regulations; provided, the same shall not apply to any residential house which the competent permitting authority has allowed to use or carry on a business, or conduct any other activity for a prescribed period and in cases prescribed by Presidential Decree. <Amended on May 28, 2014> |
| (3) | In receipt of a request under paragraph (2), a person shall comply therewith, in the absence of special circumstances. |
| (4) | Where a permitting authority issues a corrective order pursuant to paragraph (1), it shall record the details of the relevant violation in the building register. <Amended on Mar. 23, 2013; Jan. 19, 2016> |
| (5) | A permitting authority may conduct a fact-finding survey on any building site or building that violates this Act or an order or disposition issued or taken under this Act. <Amended on Apr. 23, 2019> |
| (6) | The method and procedures for conducting fact-finding surveys under paragraph (5) shall be prescribed by Presidential Decree. <Amended on Apr. 23, 2019> |
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| Article 80 (Charges for compelling compliance) |
| (1) | The competent permitting authority may impose the following charges for compelling compliance imposed on a client, etc. subject to a corrective order under Article 79(1) Article for failure to comply with such corrective order within a reasonable period set for fulfilling his or her obligation; provided,, if the relevant building is a residential building with a total floor area (based on the area of a dwelling unit, in the case of multi-family housing) of up to 60 square meters or a residential building prescribed by Presidential Decree among those referred to in subparagraph 2, an amount set by ordinance of the competent local government within 1/2 of the following amounts shall be imposed upon the client, etc. of such building: <Amended on May 30, 2011; Aug. 11, 2015; Apr. 23, 2019> |
| 1. | If the building is constructed in excess of the building-to-land ratio or the floor area ratio provided for in Article 55 or 56, or is constructed without permission or reporting, the charge for compelling compliance shall be an amount calculated by multiplying the amount equivalent to 50/100 of the standard market value per square meter applicable to the building pursuant to the Local Tax Act by the ratio prescribed by Presidential Decree depending on the nature of the violation, up to the amount calculated by multiplying the area of the non-compliant portion; |
| 2. | If a building is non-compliant, other than the one provided for in subparagraph 1, the charge for compelling compliance shall be the amount prescribed by Presidential Decree depending on the nature of the violation up to 10/100 of the amount equivalent to the standard market value applicable to the building pursuant to the Local Tax Act. |
| (2) | In cases prescribed by Presidential Decree, such as a violation for profit-making purpose or a habitual violation, the competent permitting authority shall increase the amount referred to in paragraph (1) by up to 100/100, as prescribed by ordinance of the relevant local government. <Added on Aug. 11, 2015; Apr. 23, 2019; Dec. 8, 2020> |
| (3) | The competent permitting authority shall issue a written warning to the effect that the charge for compelling compliance will be imposed and collected under paragraph (1) or (2), before imposing it pursuant to paragraph (1) or (2). <Amended on Aug. 11, 2015> |
| (4) | In imposing a charge for compelling compliance under paragraph (1) or (2), the competent permitting authority shall give written notice of the amount, the grounds for imposition, the payment deadline, the receiving institutions, the methods for filing an objection, and the institutions with which an objection can be filed. <Amended on Aug. 11, 2015> |
| (5) | Each permitting authority may impose and collect the charge for compelling compliance under paragraph (1) or (2) repeatedly as many times as prescribed by ordinance of a local government, not exceeding twice a year based on the date of an initial corrective order, until the corrective order is complied with. <Amended on May 28, 2014; Aug. 11, 2015; Apr. 23, 2019> |
| (6) | Once a person subject to a corrective order issued under Article 79(1) fulfills his or her obligation, the competent permitting authority shall immediately cease imposing any further penalty, but shall collect any charge for compelling compliance already imposed. <Amended on Aug. 11, 2015> |
| (7) | If a person on whom a charge for compelling compliance has been imposed under paragraph (4) fails to pay the charge by the payment deadline, the competent permitting authority shall collect it, as prescribed by the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Aug. 11, 2015; Mar. 24, 2020> |
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| Article 80-2 (Special cases concerning imposition of charges for compelling compliance) |
| (1) | A permitting authority may reduce a charge for compelling compliance imposed under Article 80 as prescribed in the following; provided, the same shall not apply where the relevant violation is not corrected until the expiration of the period prescribed by ordinance of a local government: <Amended on Mar. 26, 2024> |
| 1. | 1/5 of the charge for compelling compliance shall be reduced for agricultural or fishery facilities, such as a cattle shed, which does not exceed 500 square meters (1,000 square meters in the area other than the Seoul Metropolitan area as defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act); |
| 2. | The charge for compelling compliance shall be reduced by a ratio of up to 75/100 as prescribed by Presidential Decree in other cases prescribed by Presidential Decree, based on such considerations as the motive, scope, and timing of the violation (excluding cases falling under Article 80(2)). |
| (2) | A permitting authority may reduce a charge for compelling compliance imposed under Article 80 on a residential building that has violated this Act or any order or disposition issued under this Act, before the enforcement date of the amended Building Act (Act No. 4381) (referring to June 1, 1992), as prescribed by Presidential Decree. |
[This Article Added on Aug. 11, 2015]
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| Article 81 Deleted. <Apr. 30, 2019> |
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| Article 81-2 Deleted. <Apr. 30, 2019> |
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| Article 81-3 Deleted. <Apr. 30, 2019> |
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| Article 82 (Delegation and entrustment of authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | Each Mayor/Do Governor may delegate part of his or her authority under this Act to the head of each Si (including the head of each administrative Si; hereafter in this Article the same shall apply)/Gun/Gu, as prescribed by Presidential Decree. |
| (3) | The head of each Si/Gun/Gu may delegate part of his or her authority under this Act to the head of each Gu (referring to the head of Gu that is not an autonomous Gu) and the head of each Dong/Eup/Myeon, as prescribed by Presidential Decree. |
| (4) | The Minister of Land, Infrastructure and Transport may entrust the operation of the electronic information processing system established for efficiently processing affairs relating to building permission, etc. pursuant to Articles 31(1) and 32(1) to an institution or organization prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
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| Article 83 (Application mutatis mutandis to retaining walls and other structures) |
| (1) | A person who intends to erect a retaining wall, chimney, advertising tower, high-rise water tank, underground shelter, or similar structure prescribed by Presidential Decree, shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Jan. 14, 2014> |
| (2) | Deleted. <Apr. 30, 2019> |
| (3) | Articles 14,21(5),29,40(4),41,47,48,55,58,60,61,79,84,85, and 87 hereof and Article 76 of the National Land Planning and Utilization Act shall apply mutatis mutandis to cases falling under paragraph (1), as prescribed by Presidential Decree. <Amended on May 28, 2014; Apr. 18, 2017; Apr. 30, 2019> |
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| Article 84 (Calculation of area, height and number of floors) |
The method for calculating the area of a building site, the total floor area, floor area, height, eaves, ceiling, floor of a building, and the number of floors of a building shall be prescribed by Presidential Decree.
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| Article 85 (Special cases concerning application of the Administrative Vicarious Execution Act) |
| (1) | Where a permitting authority takes necessary measures pursuant to Article 11,14,41, or 79(1), and if he or she finds it impracticable to achieve the objectives by following the procedures described in Article 3(1) and (2) of the Administrative Vicarious Execution Act in any of the following cases, he or she may perform vicarious execution without necessarily following such procedures: <Amended on Jun. 9, 2020> |
| 1. | Where there is any imminent risk of disaster; |
| 2. | Where there is any potential risk associated with property loss, such as collapse, due to the existence of any substantial defect in the structural safety of a building; |
| 3. | Where, despite the receipt of an order to suspend construction works issued by the permitting authority, a person refuses to comply with such order and continues to perform such construction works; |
| 4. | Where an illegally constructed building substantially obstructs road traffic; |
| 5. | In cases prescribed by Presidential Decree as deemed necessary to implement such measures swiftly because public safety or public interest are substantially undermined. |
| (2) | Vicarious execution under paragraph (1) shall be performed to the minimum extent necessary to manage a building. |
[This Article Wholly Amended on Apr. 1, 2009]
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| Article 86 (Hearings) |
Each permitting authority shall hold a hearing to revoke permission or approval pursuant to Article 79.
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| Article 87 (Reporting and inspections) |
| (1) | The Minister of Land, Infrastructure and Transport, each Mayor/Do Governor, the head of each Si/Gun/Gu, a public official under the control of any of them, an agent designated under Article 27, or a building instructor designated under Article 37, may demand the client, etc. project supervisor, contractor, or related specialized engineer of a building to submit necessary materials or reports, and may enter a building, building site, or construction site to conduct inspections or necessary tests of the building, building service therein, and other materials relating to the building project. <Amended on Mar. 23, 2013; Feb. 3, 2016> |
| (2) | Any person who conducts an inspection or a test pursuant to paragraph (1) shall carry with him or her identification indicating his or her authority and produce it to relevant persons. |
| (3) | A permitting authority may examine the terms and conditions of a contract concluded between construction participants, etc. and where there is any possibility of faulty design, construction, or supervision because an unfair or unreasonable term and condition is found as a result of the examination, it shall notify the relevant client thereof and provide special guidance and supervision on the construction site of the relevant building. <Added on Feb. 3, 2016> |
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| Article 87-2 (Establishment of local construction safety centers) |
| (1) | A Mayor/Do Governor and the head of a local government (Si/Gun/Gu) with a population of at least 500,000 shall establish a local construction safety center in the district under his or her jurisdiction to perform the following affairs and the head of the other Si/Gun/Gu may establish a local construction safety center in the district under his or her jurisdiction: <Amended on Apr. 30, 2019; Apr. 7, 2020; Dec. 22, 2020> |
| 1. | Reporting, verification, examination, evaluation, and inspection of technical matters under Articles 21,22,27, and 87; |
| 1-2. | Business affairs relating to permission or reporting under Articles 11,14, and 16; |
| 2. | Management and control of supervision of construction works under Article 25; |
| 3. | Deleted; <Apr. 30, 2019> |
| 4. | Other matters prescribed by Presidential Decree. |
| (2) | For the systematic and specialized performance of services, experts, such as certified architects who have filed a report pursuant to Article 23(1) of the Certified Architects Act or professional engineers who have filed a registration pursuant to Article 6(1) of the Professional Engineers Act, shall be assigned to each local construction safety center. |
| 2. | Si/Gun/Gu with a population of at least 500,000 or more; |
| 3. | Si/Gun/Gu with a population of less than 500,000 persons that ranks within the top 30 percent of local governments nationwide in terms of building permission areas (referring to the average annual building permission areas over the previous 5 years) or the proportion of old buildings, calculated as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (3) | Experts, such as a certified architect who has filed a report pursuant to Article 23(1) of the Certified Architects Act or a professional engineer who has filed a registration pursuant to Article 6(1) of the Professional Engineers Act, shall be dispatched to a local construction safety center for systematic and specialized performance of the affairs thereof. |
| (4) | Matters necessary for the establishment and operation of local construction safety centers and qualification and standards for dispatch of experts under the provisions of paragraphs (1) through (3) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Jun. 10, 2022> |
[This Article Wholly Inserted on Apr. 18, 2017]
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| Article 87-3 (Establishmen of special account for construction safety) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu may establish a special account for construction safety (hereinafter referred to as "special account") to support the establishment, operation, etc. of a local construction safety center in the district under his or her jurisdiction. |
| (2) | The special account shall consist of the following financial resources: <Amended on Apr. 7, 2020> |
| 1. | Money transferred from the general account; |
| 2. | An amount corresponding to the percentage prescribed by ordinance of the relevant local government out of the fees for building permission, etc. paid under Article 17; |
| 3. | An amount corresponding to the percentage prescribed by ordinance of the relevant local government out of the charges for compelling compliance imposed and collected pursuant to Article 80; |
| 4. | An amount corresponding to the percentage prescribed by ordinance of the relevant local government out of the administrative fines imposed and collected pursuant to Article 113; |
| (3) | The special account shall be used for the following purposes: |
| 1. | Expenses necessary to establish and operate a local construction safety center; |
| 2. | Personnel expenses necessary to place experts in a local construction safety center; |
| 3. | Expenses for survey and research necessary to perform the affairs set forth in the subparagraphs of Article 87-2(1); |
| 4. | Expenses necessary to establish, operate, and manage the special account; |
| 5. | Other expenses necessary to perform projects prescribed by ordinance of the relevant local government to provide technical assistance and information concerning the safety of buildings. |
[This Article Wholly Inserted on Apr. 18, 2017]
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| Article 88 (Working committee for resolving construction disputes) |
| (1) | A working committee for resolving construction disputes (hereinafter referred to as "dispute board") shall be established under the jurisdiction of the Ministry of Land, Infrastructure and Transport to mediate and adjudicate the following disputes (excluding disputes subject to mediation under Article 69 of the Framework Act on Construction Industry; hereinafter the same shall apply) arising from the construction, etc. of buildings: <Amended on Apr. 1, 2009; May 28, 2014> |
| 1. | Disputes between construction participants and neighboring residents who suffer any loss due to construction works on the building (hereinafter referred to as "neighboring residents"); |
| 2. | Disputes between related specialized engineers and neighboring residents; |
| 3. | Disputes between construction participants and related specialized engineers; |
| 4. | Disputes between construction participants; |
| 5. | Disputes between neighboring residents; |
| 6. | Disputes between related specialized engineers; |
| 7. | Other matters prescribed by Presidential Decree. |
| (2) | Deleted. <May 28, 2014> |
| (3) | Deleted. <May 28, 2014> |
[This Article Wholly Amended on Apr. 1, 2009]
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| Article 89 (Composition of dispute board) |
| (1) | The dispute board shall be comprised of up to 15 members, including one chairperson and one vice chairperson. <Amended on Apr. 1, 2009; May 28, 2014> |
| (2) | Members of the dispute board shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among the following persons who have abundant knowledge and experience in construction or law. In such cases, the dispute board shall have at least two members who fall under subparagraph 4: <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 14, 2014; May 28, 2014> |
| 1. | A public official of at least Grade III serving for at least one year; |
| 2. | Deleted; <May 28, 2014> |
| 3. | At least an assistant professor teaching architectural engineering or law in a college or university under the Higher Education Act, with at least three years’ experience; |
| 4. | A judge or public prosecutor, or practiced as an attorney-at-law with at least six years’ experience; |
| 5. | A certified technician in the field of construction under the National Technical Qualifications Act, or a certified architect who has filed a report on the establishment of an architectural firm under Article 23 of the Certified Architects Act, with at least six years’ experience; |
| 6. | Any person with abundant knowledge and experience in construction works or the construction industry, who has at least fifteen years’ relevant business experience. |
| (3) | Deleted. <May 28, 2014> |
| (4) | The chairperson and the vice chairperson of the dispute board shall be commissioned by the Minister of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; May 28, 2014> |
| (5) | The term of office of non-public official members shall be three years, but may be renewed consecutively; the term of office of a member elected to fill a vacancy shall be the remaining term of his or her predecessor. |
| (6) | Meetings of the dispute board shall be open with a majority of incumbent members present and shall adopt resolutions by the affirmative vote of a majority of those present. <Amended on Apr. 1, 2009; May 28, 2014> |
| (7) | None of the following persons shall become a member of the dispute board: <Amended on Apr. 1, 2009; May 28, 2014> |
| 1. | A person under adult guardianship, person under limited guardianship, or person declared bankrupt, who is not yet reinstated; |
| 2. | A person in whose case two years have not passed since a sentence of imprisonment without prison labor or heavier punishment imposed upon him or her was completely executed (or was held as completely executed) or discharged; |
| 3. | A person whose qualifications are suspended by court ruling or law. |
| (8) | The disqualification, challenge, and refrainment of a member of the committee, the operation thereof, and the refusal and suspension of mediation, and other necessary matters, shall be prescribed by Presidential Decree. <Added on May 28, 2014> |
[Title Amended on May 28, 2014]
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| Article 90 Deleted. <May 28, 2014> |
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| Article 91 (Agents) |
| (1) | A party to a case may appoint any of the following persons as his or her agent: |
| 1. | The party's spouse, lineal ascendant or descendant, or sibling; |
| 2. | An executive officer or employee of the corporation involved in the case is a party; |
| (2) | Deleted. <May 28, 2014> |
| (3) | The power delegated to an agent shall be supported by written statement. |
| (4) | Each agent shall have the power delegated by the principal to engage in the following activities: |
| 1. | Withdrawing applications; |
| 2. | Accepting proposals for mediation; |
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| Article 92 (Petitions for mediation) |
| (1) | A person who intends to apply for mediation or adjudication (hereinafter referred to as "mediation, etc.") of a dispute arising in connection with construction works, etc. of a building shall file a petition therefor with the dispute board. <Amended on Apr. 1, 2009; May 28, 2014> |
| (2) | A petition for mediation under paragraph (1) shall be filed by one or more parties to the case, while a petition for adjudication shall be filed under agreement between parties to the case; provided, the dispute board for disputes, in receipt of a petition for mediation, shall notify all parties to the case of the fact that the petition has been filed. <Amended on Apr. 1, 2009; May 28, 2014> |
| (3) | Upon receipt of a petition for mediation from a party, the dispute board shall complete all procedures within 60 days, while it shall, upon receipt of a petition for adjudication, complete all procedures within 120 days; provided, the dispute board may extend such periods by resolution in unavoidable circumstances. <Amended on Apr. 1, 2009; May 28, 2014> |
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| Article 93 (Suspension of construction works following petition for mediation) |
| (1) | Deleted. <May 28, 2014> |
| (2) | Deleted. <May 28, 2014> |
| (3) | Neither a Mayor/Do Governor nor the head of any Si/Gun/Gu shall suspend the relevant construction works only on the grounds that a petition for mediation, etc. has been filed in connection with such construction works, unless it is urgently required to prevent any danger or a compelling reason not to do so exists. |
[Title Amended on May 28, 2014]
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| Article 94 (Mediation panel and dispute adjudication board) |
| (1) | Mediation shall be conducted by a mediation panel consisting of three members, while adjudication shall be conducted by a dispute adjudication board consisting of five members. |
| (2) | Members of a mediation panel (hereinafter referred to as "mediators") and members of a dispute adjudication board (hereinafter referred to as "adjudicators") shall be appointed on a case-by-case basis by the chairperson of the dispute board from among members of the dispute board. In such cases, the dispute adjudication board shall have at least one member who falls under Article 89(2)4. <Amended on Apr. 1, 2009; May 28, 2014> |
| (3) | Meetings of a mediation panel or a dispute adjudication board shall be open with all members present and shall adopt resolution by the affirmative vote of a majority of the members. |
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| Article 95 (Investigation for mediation and hearing of opinions) |
| (1) | If deemed necessary for mediation, a mediation panel may assign a mediator or an employee of its secretariat to inspect relevant documents or enter the relevant place of business for investigation. <Amended on May 28, 2014> |
| (2) | A mediation panel may summon a party or a witness to the panel to hear his or her opinions, if deemed necessary. |
| (3) | A mediation panel, in receipt of a petition for mediation of a dispute, shall examine the case and prepare a proposal for mediation within the period set for mediation. <Amended on May 28, 2014> |
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| Article 96 (Effect of mediations) |
| (1) | Once a mediation panel completes a proposal for mediation pursuant to Article 95(3), it shall, without delay, present the proposal to parties. |
| (2) | Each party shall, upon receiving a proposal for mediation under paragraph (1), notify the mediation panel of whether to accept the proposal within 15 days from the date on which the proposal was delivered. |
| (3) | The mediation panel shall, if all parties accept the proposal for mediation, prepare a protocol of mediation, and the mediators and parties shall write their names and affix their seals thereon. |
| (4) | Once parties accept a proposal for mediation and write their names and affix their seals on the protocol of mediation in accordance with paragraph (3), it shall have the same effect as a court settlement; provided, the same shall not apply where parties are unable to impose disposition at their discretion. <Amended on Dec. 22, 2020> |
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| Article 97 (Adjudication of disputes) |
| (1) | Adjudication shall be made in writing, and the adjudication decision shall contain the following descriptions, on which adjudicators shall write their names and affix their seals: |
| 1. | Number and title of the case; |
| 2. | Addresses and names of parties, appointed representatives, representative of parties, and agents; |
| (2) | The rationales under paragraph (1)5 shall indicate parties’ claims and the like to the extent that it can be agreed that the contents of the main text are fair enough. |
| (3) | The dispute adjudication board shall, once it makes a decision, deliver the authentic copy of the adjudication decision, without delay, to parties or their agents forthwith. |
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| Article 98 (Authority to investigate for adjudication) |
| (1) | A dispute adjudication board may, if deemed necessary for adjudication of a dispute, assign an adjudicator or a public official under its control, at the request of a party or at its discretion, to perform the following acts: |
| 1. | To demand a party or a witness to make an appearance before the panel, seek advice, or hear testimony; |
| 2. | To demand an appraiser to appear before the panel or provide his or her expert opinion; |
| 3. | To inspect or make copies of a document or an article relevant to the case, demand a person to submit such document or article, or keep such document or article in custody; |
| 4. | To enter and investigate a place relevant to the case. |
| (2) | Parties to a case may participate in investigations, etc. under paragraph (1). |
| (3) | When a dispute adjudication board completes an investigation under paragraph (1) at its discretion, it shall hear parties' opinions on the findings of such investigation. |
| (4) | When a dispute adjudication board requests a party or witness to give testimony or an appraiser to provide an expert opinion under paragraph (1), it shall require the party, witness, or appraiser to take an oath. |
| (5) | An adjudicator or a public official of the committee who performs the duty under paragraph (1)4 shall carry with him or her identification indicating his or her authority to produce it to relevant persons. |
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| Article 99 (Effect of adjudication) |
Where a dispute adjudication board makes an adjudication decision, , if both parties or one party fails to file a lawsuit for the claims that have given rise to a dispute on the building project brought for the adjudication within 60 days from the date the authentic copy of the adjudication decision was delivered to the parties or if such lawsuit is withdrawn, said details of adjudication shall have the same effect as a court settlement; provided, the same shall not apply where parties are unable to impose disposition at their discretion. <Amended on Dec. 22, 2020>
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| Article 100 (Interruption of prescriptions) |
In determining whether a prescriptive period is interrupted and the deadline for filing a lawsuit, a petition for adjudication shall be deemed a claim filed for a trial with a court at the time when a party files a lawsuit in protest against the adjudication decision. <Amended on Jun. 9, 2020>
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| Article 101 (Transfer for mediation) |
Upon receipt of a petition for adjudication on a case, the dispute board may, at its discretion, initiate the procedures for mediation of the case, if it is deemed appropriate to settle the case by mediation. <Amended on Apr. 1, 2009; May 28, 2014>
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| Article 102 (Cost sharing) |
| (1) | Each party to a case shall share the costs incurred in appraisal, examination, testing, etc. in proportion to the ratio agreed upon by the parties to the case; provided, the mediation panel or the dispute adjudication board may determine the cost sharing ratio, if the parties fail to agree on cost sharing. |
| (2) | A mediation panel or a dispute adjudication board may, if deemed necessary, require parties to a case to deposit funds to cover the costs referred to in paragraph (1), as prescribed by Presidential Decree. |
| (3) | The scope of the costs referred to in paragraph (1) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013; May 28, 2014> |
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| Article 103 (Entrustment of operation and business affairs of dispute board) |
| (1) | The Minister of Land, Infrastructure and Transport may entrust the operation and business affairs of the dispute board to the Korea Authority of Land and Infrastructure Safety under the Act on the Korea Authority of Land and Infrastructure Safety (hereinafter referred to as the "Korea Authority of Land and Infrastructure Safety"). <Amended on May 28, 2014; Jan. 17, 2017; Jun. 9, 2020> |
| (2) | The organizational structure, personnel, etc. of the dispute board for operating and performing the business affairs thereof, shall be prescribed by Presidential Decree. <Amended on May 28, 2014> |
| (3) | The Minister of Land, Infrastructure and Transport may contribute or subsidize expenses incurred by the Korea Authority of Land and Infrastructure Safety in operating the dispute board and in performing the business affairs, within the budgetary limits. <Amended on May 28, 2014; Jun. 9, 2020> |
[Title Amended on May 28, 2014]
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| Article 104 (Mediation procedures) |
Matters necessary for the method and procedures for mediation, etc. of disputes shall be prescribed by Presidential Decree, except as provided in Articles 88 through 103.
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| Article 104-2 (Protection of information concerning affairs of dispute board) |
Building committees or relevant administrative agencies shall endeavor to ensure that the interests of applicants and interested persons are not be impaired due to the divulgence of information related to deliberation on civil petitions filed under Article 4-5 and applications for mediation of disputes filed under Article 92.
[This Article Added on May 28, 2014]
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| Article 105 (Legal fiction as public officials for purposes of penalty provisions) |
Any of the following persons shall be deemed a public official, even if he or she is not actually a public official, for the purposes of Articles 129 through 132 of the Criminal Act, and Articles 2 and 3 of the Act on the Aggravated Punishment of Specific Crimes: <Amended on Apr. 1, 2009; Jan. 14, 2014; May 28, 2014; Feb. 3, 2016; Apr. 18, 2017; Apr. 23, 2019>
| 1. | A member of any of the building committees established under Article 4; |
| 1-2. | A person who conducts a safety impact assessment under Article 13-2(2); |
| 1-3. | A person who inspects building materials under Article 52-3(4); |
| 2. | An agent designated under Article 27 to conduct on-site surveys, inspections, or verifications; |
| 3. | A building instructor appointed under Article 37; |
| 4. | An executive or employee of an institution or organization referred to in Article 82(4); |
| 5. | Experts assigned to a local construction safety center pursuant to Article 87-2(2). |
CHAPTER X PENALTY PROVISIONS
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| Article 106 (Penalty provisions) |
| (1) | A designer, supervisor, contractor, manufacturer, distributor, related specialized engineer, and client shall be punished by imprisonment with labor for not more than 10 years, if he or she endangers the general public, due to serious damage to or destruction of the foundation or main structural members of a building within the defect liability period provided for in Article 28 of the Framework Act on Construction Industry after the commencement of the construction works due to faulty work as a consequence of the design, construction, supervision, maintenance and management, manufacture, or distribution of building materials conducted, in violation of Articles 23,24(1),25(3),52-3(1), or 52-5(2). <Amended on Jan. 6, 2015; Feb. 3, 2016; Apr. 23, 2019; Dec. 22, 2020> |
| (2) | Each person who commits a crime provided for in paragraph (1), causing death of, or injury to, any third person shall be punished by imprisonment with labor for an indefinite term or for a term of at least three years. |
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| Article 107 (Penalty provisions) |
| (1) | Each person who commits a crime provided for in Article 106(1) by his or her professional negligence in the course of performing his or her duty, shall be punished by imprisonment, with or without labor, for not more than five years, or by a fine not exceeding 500 million won. <Amended on Feb. 3, 2016> |
| (2) | Each person who commits a crime provided for in Article 106(2) by his or her professional negligence in the course of performing his or her duty, shall be punished by imprisonment, with or without labor, for not more than 10 years, or by a fine not exceeding 1 billion won. <Amended on Feb. 3, 2016> |
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| Article 108 (Penalty provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 500 million won: <Amended on Apr. 23, 2019; Dec. 22, 2020> |
| 1. | A client or contractor who constructs or substantially repairs a building, or changes the use of a building in an urban area, in violation of Articles 11(1),19(1) or (2),47,55,56,58,60,61, or 77-10; |
| 2. | A contractor who uses materials other than fireproof materials referred to in Article 52(1) and (2), or a designer or project supervisor who is responsible for use of such materials; |
| 3. | A manufacturer or distributor of building materials who violates Article 52-3(1); |
| 4. | A manufacturer, distributor, contractor, or project supervisor who fails to submit a quality control report in violation of Article 52-4(1), or submits a false report; |
| 5. | A person who recognizes quality despite failing to meet the quality standards, in violation of Article 52-5(1). |
| (2) | In cases under paragraph (1), both imprisonment and a fine may be imposed concurrently. |
법령 이단보기
| Article 109 (Penalty provisions) |
Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding 200 million won: <Amended on Feb. 3, 2016; Apr. 18, 2017>
| 1. | A person who makes a report referred to Article 27(2) by fraud; |
| 2. | A person who conducts any reporting, verification, examination, evaluation, and inspection referred to in Article 87-2(1)1 by fraud. |
[Enforcement Date: Oct. 19, 2017]
법령 이단보기
| Article 110 (Penalty provisions) |
Each of the following persons shall be punished by imprisonment for not more than two years, or by a fine not exceeding 100 million won: <Amended on Mar. 28, 2008; Jun. 5, 2008; Sep. 16, 2011; May 28, 2014; Jan. 6, 2015; Jan. 19, 2016; Feb. 3, 2016; Apr. 18, 2017>
| 1. | A client or contractor who constructs or substantially repairs a building, or changes the use of a building in any area, other than an urban area, in violation of Articles 11(1),19(1) or (2),47,55,56,58,60,61, or 77-10; |
| 1-2. | A client or contractor who violates Article 13(5); |
| 2. | A client or contractor who violates any provision of Article 16 (limited to matters requiring permission for change),21(5),22(3), or 25(7); |
| 3. | A client or contractor who erects a temporary building or a structure without obtaining permission under Article 20(1) or filing a report under Article 83; |
| 4. | Each of the following persons: |
| a. | A person who permits a third person to perform any construction works without appointing a project supervisor, in violation of Article 25(1); |
| b. | A person who appoints a contractor directly or his or her affiliate as a project supervisor, in violation of Article 25(1); |
| 5. | A person who fails to comply with a request by a project supervisor for corrective measures or reconstruction, in violation of Article 25(3), or who continues a project in defiance of a project supervisor’s request to suspend the project; |
| 6. | A person who fails to submit an interim report on supervision or a report on completion of supervision without good cause, in violation of Article 25(6) or who prepares and submits a false report; |
| 6-2. | A person who conducts an on-site survey, inspection, or verification as a proxy, in violation of Article 27(2); |
| 7. | Deleted; <Apr. 30, 2019> |
| 8. | A client or contractor who violates Article 40(4); |
| 8-2. | A client, designer, contractor, or project supervisor who violates any provision of Article 43(1),49,50,51,53,58,61(1) or (2), or 64; |
| 9. | A designer, project supervisor, contractor, or related specialized engineer referred to in Article 67 who violates Article 48; |
| 9-2. | A designer, project supervisor, or contractor who violates Article 50-2(1); |
| 9-3. | A client, designer, project supervisor, contractor, or related specialized engineer referred to in Article 67, who violates Article 48-4; |
| 10. | Deleted; <Apr. 23, 2019> |
| 11. | Deleted; <Apr. 23, 2019> |
| 12. | A designer, project supervisor, contractor, or related specialized engineer referred to in Article 67 who violates Article 62. |
법령 이단보기
| Article 111 (Penalty provisions) |
Each of the following persons shall be punished by a fine not exceeding 50 million won: <Amended on Feb. 6, 2009; Jan. 14, 2014; May 28, 2014; Feb. 3, 2016; Apr. 23, 2019>
| 1. | A person who fails to file a report or an application under Article 14,16 (limited to matters subject to a notification of change),20(3),21(1),22(1), or 83(1), or who files a false report or application; |
| 2. | A designer who fails to comply with a request for a design change and drawing, in violation of Article 24(3) without good cause; |
| 3. | A person who fails to prepare detailed shop drawings upon receipt of a request from a project supervisor, in violation of Article 24(4), or who fails to perform construction works in compliance with such shop drawings; |
| 3-2. | A person who fails to appoint a site manager, in violation of Article 24(6), or a person who makes a false statement thereof in the report on the commencement of the construction works; |
| 3-3. | Deleted; <Apr. 23, 2019> |
| 4. | A contractor who violates Article 28(1); |
| 5. | A client or contractor who violates Article 41 or 42; |
| 5-2. | A person who hinders the utilization of a POPS, etc., in violation of Article 43(4); |
| 6. | A client or contractor who performs interior architecture, in violation of Article 52-2; |
| 6-2. | A person who fails to display information on building materials in violation of Article 52-4(5), or displays false information; |
| 7. | Deleted; <Apr. 30, 2019> |
| 8. | Deleted. <Feb. 6, 2009> |
법령 이단보기
| Article 112 (Joint penalty provisions) |
| (1) | If a representative, an agent, an employee, or other servant of a corporation commits an offense under Article 106 in connection with the business of the corporation, not only shall such offender be punished, but also the corporation shall be punished by a fine not exceeding one billion won; provided, the same shall not apply where such corporation has not been negligent in giving due attention and supervision concerning the relevant business to prevent such offense. |
| (2) | If an agent, an employee, or other servant of an individual commits an offense under Article 106 in connection with the business of the individual, not only shall such offender be punished, but also the individual shall be punished by a fine not exceeding one billion won; provided, the same shall not apply where such individual has not been negligent in giving due attention and supervision concerning the relevant business to prevent such offense. |
| (3) | If a representative, an agent, an employee, or other servant of a corporation commits an offense under any provision of Articles 107 through 111 in connection with the business of the corporation, not only shall such offender be punished, but also the corporation shall be punished by a fine under the relevant provision; provided, the same shall not apply where such corporation has not been negligent in giving due attention and supervision concerning the relevant business to prevent such offense. |
| (4) | If an agent, an employee, or any servant of an individual commits an offense under any provision of Articles 107 through 111 in connection with the business of the individual, not only shall such offender be punished, but also the individual shall be punished by a fine under the relevant provision; provided, the same shall not apply where such individual has not been negligent in giving due attention and supervision concerning the relevant business to prevent such offense. |
법령 이단보기
| Article 113 (Administrative fines) |
| (1) | Each of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Feb. 6, 2009; May 28, 2014; Jan. 19, 2016; Feb. 3, 2016; Dec. 26, 2017; Apr. 23, 2019; Dec. 22, 2020> |
| 1. | A person who fails to file an application to change an entry in the building register under Article 19(3); |
| 2. | A person who fails to keep drawings and specifications on a construction site, in violation of Article 24(2); |
| 3. | A person who fails to install a sign displaying the building permission, in violation of Article 24(5); |
| 4. | A person who refuses, obstructs, or evades an inspection under Articles 52-3(2) and 52-6(4); |
| 5. | A person who fails to make a disclosure under the main clause of Article 48-3(1). |
| (2) | Each of the following persons shall be subject to an administrative fine not exceeding one million won: <Added on Feb. 6, 2009; Jan. 17, 2012; May 28, 2014; Feb. 3, 2016> |
| 1. | A project supervisor who fails to report, in violation of Article 25(4); |
| 2. | A person who fails to report under Article 27(2); |
| 3. | Deleted; <Apr. 30, 2019> |
| 4. | Deleted; <Apr. 30, 2019> |
| 5. | Deleted; <Feb. 3, 2016> |
| 6. | A client, owner, or manager who fails to cooperate in any matter necessary for monitoring, in violation of Article 77(2); |
| 7. | Deleted; <Jan. 19, 2016> |
| 8. | A person who fails to report under Article 83(2); |
| 9. | A person who fails to submit data or report under Article 87(1) or who submits false data or a false report. |
| (3) | A site manager who leaves construction site in violation of Article 24(6), shall be subject to an administrative fine not exceeding 500 thousand won. <Added on Feb. 3, 2016; Aug. 14, 2018> |
| (4) | Administrative fines referred to in paragraphs (1) and (3) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 6, 2009; Mar. 23, 2013; Feb. 3, 2016> |
| (5) | Deleted. <Feb. 6, 2009> |
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of Article 13(62) of the Addenda shall enter into force on April 7, 2008; those of Article 13(43) of the Addenda on April 11, 2008; those of Article 13(5) of the Addenda on June 8, 2008; those of Article 13(70) of the Addenda on June 28, 2008; those of Article 22(4)4 above on August 28, 2008; those of Article 69(2)5 above on September 22, 2008; and those of Article 13(67),(68), and (69) of the Addenda on December 28, 2008, respectively.
Article 2 (Transitional measures concerning enforcement date)
Until the amended provisions of Articles 22(4)4 and 69(2)5 enter into force pursuant to the proviso to Article 1 of Addenda, the previous provisions of Articles 18(4)6 and 60(2)5 through 7 corresponding to the amended provisions shall remain effective.
Article 3 (Transitional measures concerning heights of buildings in combined complexes)
The previous provisions shall apply to the combined complexes as defined in subparagraph 5 of Article 2 of the previous Balanced Regional Development and Support for Local Small and Medium Enterprises Act (referring to the one in force before the Partial Amendment (Act No. 7695) in force as at the date this Act enters into force, notwithstanding the amended provisions of Article 61(3)3.
Article 4 (Transitional measures concerning building code)
In applying the building code, etc. to the cases for which building permission has been granted, an application for building permission has been filed, or a report on a building project has been filed before May 9, 2006, which corresponds to the date the Amendment (Act No. 7696) to the Building Act (hereinafter referred to as the "previous Act") enters into force, the previous provisions shall apply; provided, the amended provisions (excluding Article 21(4)) shall apply where the previous provisions are more disadvantageous to a client, contractor, or project supervisor than the amended provisions.
Article 5 (Transitional measures concerning applications for building permission)
Where a building is under construction without obtaining building permission or filing a report on the building project at the time the previous Act was in force because it was allowed by the previous provisions to construct such building without such permission or report, it shall be deemed that building permission for the project has been granted or a report on the building project has been filed in accordance with the amended provisions of Article 11(1) or 14 (1).
Article 6 (Transitional measures concerning safety control of construction sites)
| (1) | Where the permitting authority becomes aware that a construction site for which building permission granted as at the time the previous Act was in force and which has a total floor area of at least 5,000 square meters degrades the cityscape and threatens safety because it has been abandoned for at least one year, it shall issue an improvement order pursuant to the amended provisions of Article 13(5). |
| (2) | Where an improvement order issued under paragraph (1) has been disobeyed, necessary measures for such improvement shall be taken vicariously pursuant to the amended provisions of Article 13(6), the expenses incurred in relation to such vicarious execution shall be imposed on the client to pay it at the time he or she files an application for an inspection for use of the building, and a written approval for use shall be issued after the expenses are paid. |
Article 7 (Transitional measures concerning approval for use of building)
The previous provisions shall apply to the building, an application for approval to use which was filed as at the time the previous Act was in force, notwithstanding the amended provisions of Article 22.
Article 8 (Transitional measures concerning mediation of disputes on building projects)
The disputes on building projects filed as at the time the previous Act was in force shall be addressed by the competent building dispute mediation committee under the previous provisions (or the competent local building dispute mediation committee composed pursuant to the amended provisions of Articles 88 and 89 for the cases over which a City/Do mediation committee has jurisdiction pursuant to the previous provisions), notwithstanding the amended provisions of Article 88(2); provided, the competent building dispute mediation committee under the previous provisions may, if it is necessary for the building dispute mediation committee under the amended provisions of Article 88(2), to handle a case, transfer the case to the competent building dispute mediation committee.
Article 9 (Transitional measures concerning charges for compelling compliance)
The provisions in force before they were amended pursuant to the previous Act shall apply to the procedures for collecting charges for compelling compliance imposed as at the time the previous Act was in force and filing an objection against such penalties, notwithstanding the amended provisions of Article 80.
Article 10 (Transitional measures concerning reporting on building projects)
| (1) | In applying the building code, etc. to the cases for which building permission was granted, an application for building permission was filed, or a report on a building project was filed before July 4, 2007, which corresponds to the date the partial Amendment (Act No. 8219) to the Building Act entered into force, the previous provisions shall apply; provided, the amended provisions shall apply where the previous provisions are more disadvantageous to a client, contractor, or project supervisor than the amended provisions. |
| (2) | As to the buildings for which a report on the building project was filed before July 4, 2007, which corresponds to the date the partial Amendment (Act No. 8219) to the Building Act entered into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 14(3). |
| (3) | If a person on whom the charge for compelling compliance was imposed before January 3, 2007, which corresponds to the date Article 69-2(6) of the Building Act (Act No. 8219) entered into force, has not paid until the payment deadline, such charge for compelling compliance may be collected in accordance with the amended provisions of Article 80(6). |
Article 11 (General transitional measures concerning dispositions)
An act done by or against an administrative agency in accordance with the previous provisions as at time this Act enters into force shall be deemed an act done by or against the administrative agency in accordance with the amended provisions corresponding to the previous provisions.
Article 12 (Transitional measures concerning penalty provisions and administrative fines)
The previous provisions shall govern to the application of penalty provisions and the imposition of administrative fines for violations committed before this Act enters into force.
Article 13 Omitted.
Article 14 (Relationship with other statutes and regulations)
A citation of the previous Building Act or any provision thereof by any other statutes or regulations in force as at the time this Act enters into force shall be deemed a citation of this Act or a corresponding provision of this Act in lieu of the previous provision, if such corresponding provision exists herein.
ADDENDUM <Act No. 9049, Mar. 28, 2008>
This Act shall enter into force 3 months after the date of its promulgation.
ADDENDA <Act No. 9071, Mar. 28, 2008>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 9 Omitted.
Article 10 Omitted.
Article 11 Omitted.
ADDENDUM <Act No. 9103, Jun. 5, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9384, Jan. 30, 2009>
Article 1 (Enforcement date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 7 Omitted.
Article 8 Omitted.
Article 9 Omitted.
ADDENDUM <Act No. 9437, Feb. 6, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9594, Apr. 1, 2009>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Mediation of Disputes on Building Projects) Disputes on building projects for which an application has been filed as at the time this Act enters into force shall be dealt with by the competent building dispute mediation committee under the previous provisions notwithstanding the amended provisions of this Act. |
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 17 Omitted.
Article 18 Omitted.
Article 19 Omitted.
ADDENDA <Act No. 9858, Dec. 29, 2009>
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. |
| (2) | (Applicability concerning Use of Exterior Finishing Materials on Buildings) The amended provisions of Article 52(2) shall apply to an application for building permission or the notification of building construction filed on or after the date this Act enters into force. |
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
Article 12 Omitted.
Article 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
Article 8 Omitted.
Article 9 Omitted.
ADDENDA <Act No. 10755, May 30, 2011>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicable example concerning term of validity of deliberation of building committee)
The amended provisions of Article 11(10) shall be applicable from a case which undergoes the deliberation of a building committee under Article 4(1) for the first time after this Act enters into force.
ADDENDA <Act No. 10764, May 30, 2011>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
Article 9 Omitted.
Article 10 Omitted.
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
Article 6 Omitted.
ADDENDA <Act No. 11057, Sep. 16, 2011>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicable example concerning examination of safety of structure)
The amended provisions of Article 48(3) shall be applicable from a case for which the application for building permission or a notification of building construction is filed for the first time after this Act enters into force.
Article 3 (Applicable example concerning installation of refuge areas)
The amended provisions of Article 50-2(1) shall be applicable from a case for which the application for building permission is filed for the first time after this Act enters into force.
ADDENDUM <Act No. 11182, Jan. 17, 2012>
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions of Article 11(4) shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11365, Feb. 22, 2012>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11495, Oct. 22, 2012>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
Article 5 Omitted.
ADDENDA <Act No. 11599, Dec. 18, 2012>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDUM <Act No. 11763, May 10, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11794, May 22, 2013>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 24 Omitted.
Article 25 Omitted.
Article 26 Omitted.
ADDENDUM <Act No. 11921, Jul. 16, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 12246, Jan. 14, 2014>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of subparagraph 1 of Article 105 shall enter into force six months after the date of its promulgation, whereas Articles 7,11(5)1,14(1)2,20 (excluding paragraph (4)),57(3),60(3)3,69(1),71,72(6) and (7),76(2),77,77-2 through 77-13, and subparagraph 1 of Article 111 shall enter into force nine months after the date of its promulgation.
Article 2 (Applicable example concerning building permission in disaster-vulnerable districts and zones)
The amended provisions of Article 14(1)2 shall apply with regard to applications for building permission filed on or after the enforcement date specified in the proviso to Article 1 of the Addenda.
Article 3 (Applicable example concerning restrictions on heights of buildings)
The amended provisions of the proviso to and the subparagraphs of Article 60(3) shall apply with regard to applications for building permission (including cases where an application for deliberation is filed with the building committee under Article 4 in order to apply for building permission) or notifications of building construction (including notifications of change) made on or after the date municipal ordinance of the relevant local government is enacted or amended.
Article 4 (Transitional measures concerning revocation of building permission for factories)
Notwithstanding the amended provisions of Article 11(7), factories that have obtained building permission as at the time this Act enters into force shall be governed by the previous provisions.
Article 5 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 23 Omitted.
Article 24 Omitted
Article 25 Omitted.
ADDENDA <Act No. 12701, May 28, 2014>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of Article 2(1)20, Article 4, Articles 4-2 through 4-8, proviso to Article 11(2)1, Article 13, Article 27(1), Article 35-2, Article 41(1), Article 49(3), Article 52-2, Article 53-2, Article 60(3)4, Article 80(4), Article 83(2) and (3), Articles 88 through 93, Article 95, Article 102(3), Article 103, Article 104-2, subparagraph 5 of Article 105, and subparagraphs 6 and 7 of Article 111, and subparagraphs 8 and 9 of Article 113 shall enter into force six months after the promulgation of this Act.
Article 2 (Applicability to extension, alteration and reconstruction of buildings with at least three floors subject to notification of building construction)
The amended provisions of the proviso to Article 14(1)1 shall apply from the first notification of building construction to be filed after this Act enters into force.
Article 3 (Applicability to restrictions on building permission)
The amended provisions of Article 18(3) shall apply from the first restriction placed on building permission or commencement of construction of a permitted building after this Act enters into force.
Article 4 (Applicability to agents for on-site surveys, inspections, and verifications)
The amended provisions of Article 27(1) shall apply from the first building, a notification of building construction on which is filed after the said provisions enter into force.
Article 5 (Applicability to partition walls of buildings, and noise prevention of floors)
The amended provisions of Article 49(3) shall apply from the first building regarding which an application for building permission (including the building applied for deliberation with a building committee under Article 4 to file an application for building permission) or a notification of building construction is filed after the said provisions enter into force.
Article 6 (Applicability to anti-crime standards)
The amended provisions of Article 53-2 shall apply from the first building regarding which an application for building permission (including the building applied for deliberation with a building committee under Article 4 to file an application for building permission) or a notification of building construction is filed after the said provisions enter into force.
Article 7 (Transitional measures concerning incompetent persons)
A person under adult guardianship or person under limited guardianship referred to in the amended provisions of Article 89(7)1 shall be deemed to include persons for whom incompetence or quasi-incompetence declared by a court is still effective pursuant to Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429).
Article 8 (Transitional measures concerning conversion of penalty provisions into administrative fines)
Notwithstanding the amended provisions of Article 108(1), subparagraph 1 of Article 110, and Article 113(1)1, the previous provisions shall apply to violations committed before this Act enters into force.
ADDENDA <Act No. 12737, Jun. 3, 2014>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 8 Omitted.
Article 9 Omitted.
Article 10 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 12968, Jan. 6, 2015>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of Article 6(2), Article 38(1), Article 49(4), Article 50-2(2), Article 52(1), Article 68-3, and Article 81(4) shall enter into force six months after the date of its promulgation, and the amended provisions of Article 52-3 and subparagraph 11 of Article 110 shall enter into force nine months after the date of its promulgation.
Articles 2 (Applicability)
The amended provisions of Articles 49(4),52(1), and 52(3) shall apply from the first application for building permission or the first notification of building construction filed after such provisions enter into force.
ADDENDA <Act No. 12989, Jan. 6, 2015>
Article 1 (Enforcement date)
This Act shall enter into force on July 1, 2015
Articles 2 through 4 Omitted.
Article 5 Omitted.
Article 6 Omitted.
ADDENDUM <Act No. 13325, May 18, 2015>
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of Article 11(3) and (4) and the proviso to Article 77-9(1) shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 13433, Jul. 24, 2015>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Act No. 13470, Aug. 11, 2015>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13471, Aug. 11, 2015>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to imposition of charges for compelling compliance)
The amended provisions of Articles 80 and 80-2 shall begin to apply from the first charge for compelling compliance imposed after this Act enters into force.
ADDENDA <Act No. 13474, Aug. 11, 2015>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 33 Omitted.
Article 34 Omitted.
Articles 35 and 36 Omitted.
ADDENDA <Act No. 13601, Dec. 22, 2015>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
Article 8 Omitted.
Article 9 Omitted.
ADDENDA <Act No. 13782, Jan. 19, 2016>
Article 1 (Enforcement date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 6 Omitted.
Article 7 Omitted.
Article 8 Omitted.
ADDENDA <Act No. 13785, Jan. 19, 2016>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions of Articles 48-3 and 113(1)4 shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to disclosure of seismic capacity)
The amended provisions of Article 48-3 shall begin to apply from an application for building permission (including an application for deliberation of a building committee filed under Article 4-2 to apply for building permission and a notification of building construction filed), or an application for permission to change a use (including a report on the change of use) to be filed after the amended provisions of the same Article enters into force.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
Article 21 Omitted.
Article 22 Omitted.
ADDENDA <Act No. 14016, Feb. 3, 2016>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions of Article 113(1)4 and 5 of the partially amended Building Act (Act No. 13785) shall enter into force on January 20, 2017; and the amended provisions of Articles 13-2,24(6) and (7) and 25-2, subparagraph 1-2 of Article 105, Articles 107 through 109, Articles 110 (applicable only to the part amending the amount of a fine from 10 million won to 100 million won) and 111 (applicable only to the part amending the amount of a fine from 5 million won to 50 million won), subparagraph 3-2 of Article 111, and Article 113(3) and (4), shall enter into force one year after the date of its promulgation.
Article 2 (Transitional measures concerning Article 35 of the Housing Act)
"Article 35 of the Housing Act" in the amended provisions of Article 77-13(6) shall be deemed "Article 21 of the Housing Act" until August 11, 2016.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDA <Act No. 14535, Jan. 17, 2017>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to constructive building permission)
The amended provisions of Article 11(5) and the latter part of paragraph (6) of the same Article shall apply to a building for which an application for building permission or notification of building construction is filed after this Act enters into force.
Article 3 (Applicability to revocation of building permission)
The amended provision of Article 11(7) shall apply to a building for which an application for building permission is filed after this Act enters into force.
Article 4 (Applicability to permission for temporary buildings)
The amended provision of Article 20(6) shall apply, beginning with an application for permission to construct temporary buildings or a construction report thereon that is filed after this Act enters into force.
ADDENDA <Act No. 14545, Jan. 17, 2017>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 13 Omitted.
Article 14 Omitted.
Article 15 Omitted.
ADDENDA <Act No. 14567, Feb. 8, 2017>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 38 Omitted.
Article 39 Omitted.
Article 40 Omitted.
ADDENDA <Act No. 14792, Apr. 18, 2017>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions of Articles 35-2,87-2, and 87-3, subparagraph 5 of Article 105, and subparagraph 2 of Article 109 shall enter into force one year after the date of its promulgation, and the amended provisions of article 4 of the Addenda on February 9. 2018.
Article 2 (Applicability to notification on whether notification of building construction are accepted or processing periods are extended)
The amended provisions of Articles 14(3) and (4),16(4), and 20(4) shall apply, beginning with reports that are filed after this Act enters into force.
Article 3 (Applicability to constructive acceptance of reports on commencement of construction works)
The amended provisions of Article 21(3) and (4) shall apply, beginning with notices of commencement that are filed after this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 14795, Apr. 18, 2017>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
Article 5 Omitted.
ADDENDUM <Act No. 14935, Oct. 24, 2017>
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions of Article 32(4) through (6) shall enter into force on September 1, 2018.
ADDENDA <Act No. 15307, Dec. 26, 2017>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to remodeling)
The amended provisions of Article 2(1)10 shall begin to apply from the first application for building permission (including an application for deliberation by a building committee filed under Article 4-2 to apply for building permission and a notification of building construction filed) filed after this Act enters into force.
Article 3 (Applicability to disclosure of seismic capacity)
The amended provisions of Article 48-3(1) shall begin to apply from the first application for building permission (including an application for deliberation by a building committee filed under Article 4-2 to apply for building permission and a notification of building construction filed) or from the first application for permission to change use (including a report on change of use) filed after this Act enters into force.
ADDENDA <Act No. 15526, Mar. 27, 2018>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
Article 23 Omitted.
Article 24 Omitted
ADDENDA <Act No. 15594, Apr. 17, 2018>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to evacuation facilities and elevators)
The amended provisions of Articles 49(1) and 64(3) shall begin to apply from the first application for building permission (including an application for deliberation by a building committee filed under Article 4-2 to apply for building permission) or from the first notification of building construction filed after this Act enters into force.
ADDENDA <Act No. 15721, Aug. 14, 2018>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions of Articles 50(1) and 51(1) shall enter into force two years after the date of its promulgation.
Article 2 (General applicability)
This Act shall begin to apply from the first application for building permission or the first notification of building construction filed after this Act enters into force.
Article 3 (Applicability to fire-resistant structures of buildings)
The amended provisions of Articles 50(1) and 51(1) shall begin to apply from the first application for building permission or from the first notification of building construction filed after the same amended provisions enter into force.
ADDENDA <Act No. 15992, Dec. 18, 2018>
Article 1 (Enforcement date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to consultation for constructive permission)
The amended provisions of Article 10(8) shall begin to apply from the first application for a predetermination filed under Article 10(1) after this Act enters into force.
ADDENDA <Act No. 16380, Apr. 23, 2019>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions of Article 80(1),(2), and (5) shall enter into force on the date of its promulgation; and the amended provisions of Article 79(1),(5), and (6) shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to windows for entry by fire-fighters)
The amended provisions of Article 49(3) shall begin to apply from the first application for building permission or from the first notification of building construction filed after this Act enters into force.
Article 3 (Transitional measures concerning imposition of charges for compelling compliance)
Notwithstanding the amended provisions of Article 80(1),(2), and (5), the previous provisions shall apply to charges for compelling compliance imposed under the previous provisions before this Act enters into force.
Article 4 (Transitional measures concerning quality control reports)
Notwithstanding the amended provisions of Article 52-4(1), the previous provisions shall apply to applications for building permission or applications for substantial repair filed under Article 11 (including applications for deliberation by a building committee filed under Article 4-2(1)); notifications of building construction and notifications of substantial repair filed under Article 14; and to applications for permission to change use filed under Article 19 (including reports on change of use and applications for alteration of the entries in the building register filed under Article 19), before this Act enters into force.
ADDENDA <Act No. 16415, Apr. 30, 2019>
Article 1 (Enforcement date)
| (1) | This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.) |
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 16416, Apr. 30, 2019>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
Article 7 Omitted.
ADDENDUM <Act No. 16485, Aug. 20, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16596, Nov. 26, 2019>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
Article 9 Omitted.
Article 10 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17171, Mar. 31, 2020>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDA <Act No. 17219, Apr. 7, 2020>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 17223, Apr. 7, 2020>
Article 1 (Enforcement date)
This Act shall enter into force nine months after the date of its promulgation; provided, the amended provisions of Article 25(2) and (6) shall enter into force six months after the date of promulgation of the Act.
Article 2 (Applicability to project supervision)
The amended provisions of Article 25(2) and (6) shall begin to apply to project supervisors designated after this Act enters into force.
ADDENDA <Act No. 17447, Jun. 9, 2020>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17606, Dec. 8, 2020>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to imposition of charges for compelling compliance)
| (1) | The amended provisions of Article 80(2) shall begin to apply to charges for compelling compliance imposed after this Act enters into force. |
| (2) | Where the rate of increase which is supposed to be set by ordinance of a relevant local government under the amended provision of Article 80(2) is not set, the rate of increase under said provision shall apply. |
ADDENDA <Act No. 17733, Dec. 22, 2020>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions of Articles 52-5 and 52-6 shall enter into force one year after the date of promulgation of the Act, and the amended provisions of Article 87-2(1) shall enter into force on January 1, 2022.
Article 2 (Applicability to supervision of construction works)
The amended provisions of Article 25(11) shall begin to apply to reports on commencement of construction works filed under Article 21 after this Act enters into force.
Article 3 (Applicability to finishing materials for building)
The amended provisions of Article 52(4) shall begin to apply to applications for building permission or reports on building projects filed after this Act enters into force.
ADDENDA <Act No. 17939, Mar. 16, 2021>
Article 1 (Enforcement date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 17940, Mar. 16, 2021>
Article 1 (Enforcement date)
This Act shall enter into force on December 23, 2016.
Article 2 (Applicability to finishing materials for interior and external walls of buildings)
The amended provisions of Article 52(1) and (2) shall begin to apply where an application for a building permission or a notification of building construction is filed after this Act enters into force.
ADDENDA <Act No. 18340, Jul. 27, 2021>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Act No. 18341, Jul. 27, 2021>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 18383, Aug. 10, 2021>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation.
Article 2 (Applicability to building permission)
The amended provisions of Article 11(11)6 shall begin to apply where an application for a building permission is filed after this Act enters into force.
ADDENDA <Act No. 18508, Oct. 19, 2021>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to fire compartments for large-scale warehouses)
The amended provisions of Article 49(2) shall begin to apply from the first application for building permission (including an application for deliberation by a building committee filed under Article 4-2 to apply for building permission) or from the first notification of building construction filed after this Act enters into force.
ADDENDA <Act No. 18825, Feb. 3, 2022>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to applying overlapping provisions on relaxation of restrictions on building heights in blocks)
The amended provisions of Article 60(4) shall also apply to an application for building permission (including an application for deliberation by a building committee filed under Article 4-2 to apply for building permission) or to a notification of building construction filed as at the time this Act enters into force (including an application for permission, determination, authorization, consultation, approval, etc. deemed granted or filed under other statutes).
ADDENDUM <Act No. 18935, Jun. 10, 2022>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 19045, Nov. 15, 2022>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 19251, Mar. 21, 2023>
Article 1 (Enforcement date)
This Act shall enter into force on May 17, 2024.
Articles 2 through 7 Omitted.
Article 8 Omitted.
Article 9 Omitted.
ADDENDA <Act No. 19409, May 16, 2023>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 19590, Aug. 8, 2023>
Article 1 (Enforcement date)
This Act shall enter into force on May 17, 2024.
Articles 2 through 8 Omitted.
Article 9 Omitted.
Article 10 Omitted.
ADDENDA <Act No. 19846, Dec. 26, 2023>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation.
Article 2 (Applicability tto prohibition of installation of living rooms in basement level)
The amended provisions of Articles 11(4)2 and 53(2) shall also apply from an application for building permission (including an application for deliberation by a building committee filed under Article 4 to apply for building permission) or to a notification of building construction filed after this Act enters into force (including an application for permission, determination, authorization, consultation, approval, etc. deemed granted or filed under other statutes).
ADDENDA <Act No. 20037, Jan. 16, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation.
Article 2 (Applicability to approval for use)
The amended provisions of Article 22(4)6-2 shall begin to apply from an application for approval for use of a building permission is filed after this Act enters into force.
ADDENDA <Act No. 20194, Feb. 6, 2024>
Article 1 (Enforcement date)
This Act shall enter into force on May 17, 2024. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 20424, Mar. 26, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation.
Article 2 (Applicability to imposition of charges for compelling compliance)
The amended provisions of Article 80-2(1)2 shall begin to apply to charges for compelling compliance imposed after this Act enters into force.
ADDENDA <Act No. 21035, Aug. 26, 2025>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to approval for use of buildings)
The amended provisions of this Act shall begin to apply from the first application for building permission (including an application for deliberation by a building committee filed under Article 4 to apply for building permission) or from the first notification of building construction filed after this Act enters into force.
ADDENDA <Act No. 21065, Oct. 1, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
Article 7 Omitted.
Article 8 Omitted.
