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>