ENFORCEMENT DECREE OF THE BUILDING ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE BUILDING ACT — 법갈피

Article 3(Scope of sites) #

(1) At least 2 parcels of land that may be deemed 1 site pursuant to the proviso of Article 2(1)1 of the Act, shall be as follows: <Amended on Dec. 14, 2009; Jun. 29, 2011; Apr. 10, 2012; Nov. 20, 2013; Oct. 14, 2014; Jun. 1, 2015; May 17, 2016; Aug. 11, 2016; Jan. 8, 2021; Jun. 18, 2024>

1. Where a building is constructed extensively over at least two parcels of land: The total land in each parcel on which the building is constructed;

2. Any of the following cases, where annexation is impracticable under Article 80(3) of the Act on the Establishment and Management of Spatial Data: The total land in parcels, which is impracticable to be annexed; provided, the same shall not apply where the land owners are mutually different, or legal relationships, other than proprietorship, are mutually different:

a. Where each parcel has a different parcel number-allocating area;

b. Where each parcel is mapped on a different scale;

c. Where each parcel is mutually adjacent, but on a discontinuous ground;

3. Where a building which constitutes urban/Gun planning facilities as defined in subparagraph 7 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as "urban/Gun planning facility") is constructed: All land on which such urban/Gun planning facilities are installed;

4. Where housing and facilities incidental thereto and other welfare facilities are constructed upon approval of a project plan under Article 15 of the Housing Act: A housing complex under subparagraph 12 of Article 2 of that Act (hereinafter referred to as "housing complex");

5. Where a building is constructed below the surface of roads: Land determined to be the land on which such building is constructed by the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province 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);

6. Where building permission is granted on condition that at least two parcels are combined into one parcel as at the time an application for approval of use is filed under Article 22 of the Act: Land of such parcels to be combined; provided, the same shall not apply where the owners of such land are different.

(2) Part of one or more parcels of land that may be deemed one site pursuant to the proviso of Article 2(1)1 of the Act, shall be as follows: <Amended on Apr. 10, 2012>

1. Where urban/Gun planning facilities for part of at least one parcels have been determined and publicly notified: The part of the land in relation to which such determination and public notice is made;

2. Where permission for diverting the use of farmland is granted under Article 34 of the Farmland Act for part of at least one parcels: The part of the land in relation to which such permission is granted;

3. Where permission for diverting the use of mountainous districts is granted under the Mountainous Districts Management Act for part of at least one parcel: The part of the land in relation to which such permission is granted;

4. Where permission to engage in development activities is granted under Article 56 of the National Land Planning and Utilization Act for part of at least one parcels: The part of the land in relation to which such permission is granted;

5. Where building permission is granted on condition that a parcel is partitioned, as at the time an application for approval for use is filed under Article 22 of the Act: The part of the land to be partitioned.

[This Article Wholly Amended on Oct. 29, 2008]

Article 5(Establishment of Central Building Committee) #

(1) The Central Building Committee established under the jurisdiction of the Ministry of Land, Infrastructure and Transport pursuant to Article 4(1) of the Act (hereinafter referred to as the "Central Building Committee") shall investigate, deliberate on, mediate, or adjudicate (hereinafter referred to as "deliberation, etc."), on the following matters: <Amended on Mar. 23, 2013; Nov. 28, 2014>

1. Matters concerning approval of standard plans and drawings under Article 23(4) of the Act;

2. Matters concerning mediation or adjudication on disputes arising in relation to the construction, substantial repair, or change of use of a building, and the installation of building service, or construction of a structure (hereinafter referred to as "construction, etc. of a building");

3. Important matters concerning the enactment, amendment, and enforcement of the Act and this Decree;

4. Where any deliberation by the Central Building Committee is required by other statutes or regulations, matters subject to deliberation under the relevant statutes or regulations;

5. Other matters tabled to the Central Building Committee by the Minister of Land, Infrastructure and Transport for deliberation as deemed necessary.

(2) A building deliberated upon under paragraph (1) falling under any of the following cases may be exempted from deliberation, etc. by the Central Building Committee with respect to the construction, etc. of the relevant building:

1. Where the scale of the building is altered, meeting all the following conditions that:

a. Such alteration shall not be contrary to the outcomes of the deliberation, etc. by a building committee;

b. Such alteration shall be made within the extent not exceeding 1/10 of each of the building area, total floor area, number of floors, or height of the building deliberated upon;

2. Where matters concerning the construction, etc. of the building is altered to reflect the outcomes of deliberation by the Central Building Committee.

(3) The Central Building Committee shall be comprised of up to 80 members, including 1 chairperson and 1 vice chairperson. <Amended on Aug. 26, 2025>

(4) Members of the Central Building Committee shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among the related public officials, and persons with abundant knowledge about and experience in construction-related affairs. <Amended on Mar. 23, 2013>

(5) The chairperson and the vice chairperson of the Central Building Committee shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among members appointed or commissioned under paragraph (4). <Amended on Mar. 23, 2013>

(6) The term of office of a non-public official member shall be two years, which may be renewed only one further term.

[This Article Wholly Amended on Dec. 12, 2012]

Article 5-2(Disqualification of, challenge to, or refrainment by member) #

(1) Where any member of the Central Building Commission (hereafter referred to as "member" in this Article and Article 5) falls under any of the following cases, he or she shall be excluded from the deliberation and resolution of the Central Building Committee:

1. The member or his or her spouse or former spouse is a party (including executive officers if the party is a corporation, organization, etc.; hereafter the same shall apply in this subparagraph and paragraph 2) to the relevant agenda item or is a joint right holder or obligor with a party to the agenda item;

2. Where a member is or was a relative of a party to the relevant agenda;

3. Where a member has given any advice, or conducted any research, service (including any subcontract), appraisal, or examination with respect to the relevant agenda item;

4. Where the member or the corporation or organization, etc. to which the member belongs is or was an agent of any party to the relevant case;

5. Where any corporation, etc. where a member holds or held a post as an executive or employee within recent three years has given any advice, or conducted any research, service (including any subcontract), appraisal, or examination with respect to the relevant agenda item.

(2) If there exists any ground for which it would be difficult to expect the impartial deliberation and resolution of any member, a party to the relevant agenda may file a request for the challenge to him or her with the Central Building Committee, and the Central Building Committee shall make a decision on such request by its resolution. In such case, the member subjected to such request for challenge shall not participate in the resolution.

(3) If a council member finds that any of the grounds for disqualification under paragraph (1) is applicable to him or her, he or she shall voluntarily refrain from the proceedings of deliberation and resolution of the relevant case.

[This Article Added on Dec. 12, 2012]

Article 5-5(Local building committees) #

(1) Every building committee established under the jurisdiction of the Special Metropolitan City, each Metropolitan City, the Special Self-Governing City, each Do, and the Special Self-Governing Province (hereinafter referred to as "City/Do") and each Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply) pursuant to Article 4(1) of the Act (hereinafter referred to as a "local building committee"), shall be responsible for deliberation, etc. on the following: <Amended on Nov. 20, 2013; Oct. 14, 2014; Nov. 11, 2014; Nov. 28, 2014; Apr. 21, 2020>

1. Matters for establishing building lines under Article 46(2) of the Act;

2. Important matters concerning the enactment, amendment, and enforcement of ordinances (limited to ordinances proposed by the head of the relevant local government) under the Act or this Decree;

3. Deleted; <Nov. 11, 2014>

4. Matters concerning structural safety of public-use buildings and buildings of unique structures;

5. Deleted; <Jan. 19, 2016>

6. Deleted; <Apr. 21, 2020>

7. Where deliberation by a local building committee is required under other statutes or regulations, matters subject to deliberation prescribed in the relevant statutes or regulations;

8. Matters regarding the construction of a building, etc. prescribed by a building ordinance in an area designated and publicly announced by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu in recognition of the necessity for the systematic management of urban and architectural environments, which are deemed by a Mayor/Do Governor or the head of a Si/Gun/Gu as requiring deliberation of a local building committee. In such cases, matters subject to deliberation shall be limited to those on which the Mayor/Do Governor and the head of a Si/Gun/Gu have established and publicly announced standards for deliberation on building plans, structures, facilities, etc.

(2) A building subject to deliberation, etc. referred to in paragraph (1) that falls under any subparagraph of Article 5(2), may be exempted from deliberation, etc. by a local building committee with respect to the construction, etc. of the building.

(3) Each local building committee referred to in paragraph (1) shall be comprised of at least 25 up to 150 members, including one chairperson and one vice chairperson, considering gender composition. <Amended on Jan. 19, 2016>

(4) Members of each local building committee shall be appointed or commissioned by a Mayor/Do Governor, or the head of a Si/Gun/Gu from among the following persons:

1. Public officials related to urban planning and construction;

2. Persons with abundant knowledge and experience in urban planning and construction, etc.

(5) The chairperson and the vice chairperson of each local building committee shall be appointed or commissioned by a Mayor/Do Governor, or the head of a Si/Gun/Gu from among members appointed or commissioned under paragraph (4).

(6) Matters concerning the appointment, commission, exclusion, challenge, abstention, dismissal, and the term of office of, members of local building committees, matters concerning the composition and operation of meetings and subcommittees, and deliberation, etc. by local building committees, and matters concerning allowances and travel expenses of members, shall be prescribed by municipal ordinances, in compliance with the following standards: <Amended on Nov. 11, 2014; Nov. 28, 2014; Sep. 4, 2018; Apr. 21, 2020; Dec. 17, 2024>

1. Standards for the appointment and commission of members; the exclusion, challenge, abstention, dismissal and their term of office:

a. The number of public officials appointed shall not exceed 1/4 of the total number of members;

b. Non-public official members shall be commissioned upon recommendation of the related organizations or institutions, such as societies and associations related to construction, or through open recruitment;

c. Where a local building committee deliberates on a case under other statutes or regulations, the number of experts in the relevant field shall be at least 1/4 of the number of deliberating members participating in the deliberation. In such cases, experts in the related field who participate only in the relevant deliberations may be appointed or commissioned, if necessary;

d. Articles 5-2 and 5-3 shall apply mutatis mutandis to the exclusion, challenge, abstention, and dismissal of members;

e. No term of office of any non-public official member shall exceed three years, and may be reappointed only once, if necessary;

2. Standards for deliberation, etc.:

a. Matters jointly deliberated upon by a building committee and an urban planning committee under the proviso of Article 30(3) of the National Land Planning and Utilization Act shall be exempted from deliberation;

b. Matters regarding paragraph (1)4 shall be deliberated on before reporting the commencement of the construction works under Article 21 of the Act; provided, cases where the result of a safety impact assessment becomes final pursuant to Article 13-2 of the Act shall be excluded herefrom;

c. The chairperson of a local building committee shall confirm the agenda items and members to participate in deliberation not later than 10 days before holding a meeting, and notify each member of the meeting agenda items not later than seven days before holding the meeting; provided, this shall not apply to any matter requiring confidentiality or in inevitable circumstances;

d. Upon confirming the members to participate in deliberation pursuant to item c, the chairperson of a local building committee shall notify the list of such members to the applicant for deliberation, etc.;

e. Deleted; <Nov. 28, 2014>

f. A major of the members (referring to the chairperson and the members confirmed by the chairperson to participate in a meeting pursuant to item c) of a local building committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present; the outcomes of the deliberation, etc. shall be notified to the applicant for the deliberation, etc.;

g. Where deemed necessary for performing duties, the chairperson of a local building committee shall require related experts to attend a meeting of the local building committee to state his or her opinion, or shall request data from any relevant institution or organization;

h. If requested by the client or designer of a building or an applicant for deliberation, etc., such person may attend a meeting and explain the relevant agenda item, etc.;

i. Where matters prescribed in paragraph (1)4,7, and 8 are deliberated on, an applicant for deliberation, etc. shall submit simplified design documents (limited to layout plans, floor plans, elevation drawings, principal section drawings, and documents determined and publicly notified by the Minister of Land, Infrastructure and Transport, including documents in electronic form);

j. Matters related to specific fields, such as building structures, shall be deliberated upon by the working committee for the relevant field (limited to where working committees for construction structure are established for deliberation pursuant to Article 5-6(1) and working committees for each field are established for the rest of the fields pursuant to the same paragraph);

k. Standards determined and publicly notified by the Minister of Land, Infrastructure and Transport regarding procedures and methods for deliberation by local building committees shall be complied with.

[This Article Added on Dec. 12, 2012]

Article 6(Relaxed application) #

(1) The relaxed application of criteria to buildings in accordance with Article 5(1) of the Act, shall be as follows: <Amended on Jun. 30, 2009; Jul. 16, 2009; Feb. 18, 2010; Aug. 17, 2010; Dec. 13, 2010; Apr. 10, 2012; Dec. 12, 2012; Mar. 23, 2013; May 31, 2013; Apr. 29, 2014; Oct. 14, 2014; Dec. 28, 2015; Jul. 19, 2016; Aug. 11, 2016; Feb. 3, 2017; May 12, 2020; Jun. 18, 2024; Dec. 17, 2024; Oct. 1, 2025>

1. Where it is impracticable to establish the scope of a site because the relevant building, etc. is to be constructed on the water: Criteria provided for in Articles 40 through 47, 55 through 57, 60, and 61 of the Act;

2. In cases of communications facilities or machinery/equipment facilities without a living room: Criteria provided for in Articles 44 through 46 of the Act;

3. In cases of buildings with at least 31 floors (excluding where a whole building is used as multi-family housing) and buildings for special purposes, such as power plants, steel mills, manufacturing facilities for industries prescribed by Decree of the Ministry of Trade, Industry and Resources in accordance with subparagraph 2e of Appendix 1-2 of the Enforcement Decree of the Industrial Cluster Development and Factory Establishment Act, and sports facilities: Criteria under Articles 43,49 through 52,62,64,67, and 68 of the Act;

4. In cases of buildings in an area determined by the building ordinance of a City/Do to preserve traditional cultures, such as traditional temples and Hanoks: Criteria provided for in Articles 2(1)11,44,46, and 60(3) of the Act;

5. In cases of terraced multi-family housing on a sloped site, in which it is possible to access to each floor on which dwelling units are located directly from the ground and the dwelling unit on the upper floor is able to utilize the rooftop of the dwelling unit on the lower floor as a garden, etc. and skyscrapers: Criteria provided for in Article 55 of the Act;

6. In cases of any of the following buildings: Criteria provided for in Articles 42,43,46,55,56,58,60, and 61(2) of the Act:

a. A building in a zone designated and publicly announced by the permitting authority as deemed necessary to promote remodeling (hereinafter referred to as "remodeling promotion zone");

b. A building requiring remodeling, as at least 15 years have passed since approval to use the buildings was granted;

c. A building that satisfies all of the following requirements, where any construction work (limited to extension, partial renovation, or partial reconstruction thereof; hereafter the same shall apply in this item 2) or Article 32(4)) or substantial repair of an existing building is performed:

1) The existing building shall not fall under a building subject to verification classified as follows or submission of documents for the verification for the whole building in accordance with statutes or regulations in effect as at the time it was constructed or substantially repaired:

2) Documents certifying the structural safety of the whole building before and after the construction or substantial repair of the existing building, shall be submitted pursuant to Article 32(4); provided, in cases of partial reconstruction of the existing building, only the documents certifying the structural safety of the building after the reconstruction shall be submitted;

7. Where the criteria provided for in Article 55 or 56 of the Act become unsatisfied if amenities referred to in Article 8 of the Act on the Guarantee of Convenience Promotion of Persons with Disabilities, Older Persons, Pregnant Women and Nursing Mothers, Etc. are installed in an existing building: Criteria provided for in Articles 55 and 56 of the Act;

7-2. In cases of buildings prescribed by a building ordinance, constructed in an area constituting a Dong or Eup among areas, other than urban areas and district-unit planning zones designated under the National Land Planning and Utilization Act: Criteria provided for in Articles 2(1)11 and 44 of the Act;

8. In cases of buildings constructed in any of the following sites, for which measures for preventing disasters are required: Criteria provided for in Articles 55,56,60, and 61 of the Act:

a. A disaster prevention district designated under Article 37 of the National Land Planning and Utilization Act;

b. An area at risk of collapse designated under Article 6 of the Prevention of Steep Slope Disasters Act;

9. In cases of buildings deemed by the Special Metropolitan City Mayor, Metropolitan City Mayor, 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") as creating a beautiful cityscape through their harmonious and creative construction, and urban-type residential housing defined in Article 10(1) of the Enforcement Decree of the Housing Act (excluding apartment houses): Criteria provided for in Articles 60 and 61 of the Act;

10. In cases of public housing as defined in subparagraph 1 of Article 2 of the Special Act on Public Housing: Criteria provided for in Article 61(2) of the Act;

11. Where public facilities for residents as defined in subparagraph 3 of Article 2 of the Regulations on Standards for Housing Construction (limited to facilities jointly owned by owners of houses, which are used for subsidiary uses and not for profit purposes; hereinafter referred to as "public facilities for residents") are installed in any of the following multi-family housing: Criteria provided for in Article 56 of the Act:

a. Multi-family housing constructed in accordance with a project plan approved under Article 15 of the Housing Act;

b. Multi-family housing with at least 200 to not exceeding 300 dwelling units constructed in a commercial area or semi-residential area with building permission granted under Article 11 of the Act;

c. Urban-type residential housing as defined in Article 10 of the Enforcement Decree of the Housing Act constructed with building permission granted under Article 11 of the Act;

12. Where a building is constructed, substantially repaired, or remodeled upon construction agreement concluded pursuant to Article 77-4(1) of the Act: Criteria provided for in Articles 55 and 56 of the Act.

13. Where a community-based childcare center under Article 44-2 of the Child Welfare Act is established in an existing housing complex: Standards under Article 56 of the Act.

(2) A permitting authority shall meet the following requirements when it determines whether to allow relaxation of criteria, and to what extent such relaxation shall be allowed, pursuant to Article 5(2) of the Act: <Amended on Jul. 16, 2009; Feb. 18, 2010; Jul. 6, 2010; Dec. 13, 2010; Dec. 12, 2012; Mar. 23, 2013; May 31, 2013; Oct. 14, 2014; Aug. 11, 2016; Jun. 18, 2024>

1. In cases falling under paragraph (1)1 through 5,7,7-2, and 9:

a. No public interest shall be undermined and no neighboring site and building shall be excessively disadvantaged;

b. No aesthetics and environment of any urban area shall be excessively spoiled;

2. In cases falling under paragraph (1)6:

a. Criteria referred to in the items of subparagraph 1 shall be satisfied;

b. An extension shall be done within the scale and scope prescribed by Decree of the Ministry of Land, Infrastructure and Transport, considering functional upgrades, etc.;

c. Multi-family housing subject to approval of a business plan under Article 15 of the Housing Act, shall not be remodeled to sell welfare facility units;

3. In cases falling under paragraph (1)8:

a. Criteria referred to in the items of subparagraph 1 shall be satisfied;

b. The ratios provided for in Articles 55,56,60, and 61 of the Act, which apply to the relevant area, shall be determined by a building ordinance within 140/100;

4. In cases falling under paragraph (1)10:

a. Criteria referred to in the items of subparagraph 1 shall be satisfied;

b. The scope of the criteria to be relaxed, shall be limited to the balcony part that exceeds the length from the centerline of the exterior wall to the end of the balcony by one and half meters. In such cases, the scope to be relaxed shall not exceed one meter, and no door or window shall be installed at the relaxed part;

5. In cases falling under paragraph (1)11 and 13:

a. Criteria referred to in the items of subparagraph 1 shall be satisfied;

b. In applying the standard for the floor area ratio under Article 56 of the Act, the floor area ratio prescribed by a building ordinance shall apply up to the limit, calculated by adding the floor area ratio equivalent to the public facilities for residents, to the floor area ratio applicable to the relevant area.

6. In cases falling under paragraph (1)12:

a. Criteria referred to in the items of subparagraph 1 shall be satisfied;

b. The building-to-land ratio or the floor area ratio referred to in Article 55 or 56 of the Act shall apply by deeming at least two adjoining parcels of sites to be one site, if an application for building permission is simultaneously filed with respect to at least two adjoining parcels of sites in an area or district for which a construction agreement has been concluded pursuant to Article 77-4(1) of the Act (hereinafter referred to as "construction agreement zone").

[This Article Wholly Amended on Oct. 29, 2008]

Article 6-2(Special cases concerning existing buildings) #

(1) "Reasons prescribed by Presidential Decree" in Article 6 of the Act means any of the following: <Amended on Apr. 10, 2012; Mar. 23, 2013>

1. Where an urban/Gun management plan is determined or amended, or an administrative district is changed;

2. Where urban/Gun planning facilities are installed, an urban development project is performed, or a road is built under the Road Act;

3. Other cases similar to subparagraphs 1 and 2, prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(2) The permitting authority may grant building permission in any of the following cases, even though an existing building or site fails to comply with the statutes or regulations, etc. as a result of the enactment or amendment of any statute or regulation, or due to any of the grounds referred to in paragraph (1): <Amended on Feb. 18, 2010; Apr. 10, 2012: Oct. 14, 2014; Jan. 19, 2016; May 17, 2016; Nov. 2, 2021; Aug. 26, 2025>

1. Where an existing building is reconstructed;

2. Where parts to be extended, altered, or substantially repaired comply with the statutes or regulations, etc.;

3. Where the area of the site on which an existing building stands, falls short of the area prescribed by the relevant local government under Article 57 of the Act, because of the establishment of urban/Gun planning facilities or construction of a road under the Road Act, and such existing building is extended or altered within the limit of its total floor area;

4. Where an existing building fails to comply with Article 55 or 56 of the Act, because of the establishment of urban/Gun planning facilities or the construction of a road under the Road Act, and such existing building is extended within the limit of its total floor area, such as by installing a toilet, stairs, and elevators, to maintain the function of the building;

5. Where the distance from the building line of an existing building constructed before the enforcement date of ordinance of the relevant local government, first amended pursuant to the amended provisions of Article 50 of the Building Act (Act No. 7696) and the boundary of neighboring sites falls short of the distance prescribed by such ordinance, and such existing building is extended vertically within the boundaries of statutes or regulations in force as at the time it was constructed;

6. Where an existing Hanok is altered;

7. Where all or part of a site is included in an area zoned to manage natural disaster risks under Article 12 of the Countermeasures against Natural Disasters Act and an existing building thereon, for which 20 years have passed since approval for use was granted under Article 22 of the Act, is altered within the limit of its total floor area to prevent it from damage from disasters.

(3) Where an existing factory is extended under Article 84-2 or 93-3 of the Enforcement Decree of the National Land Planning and Utilization Act, the permitting authority may permit the extension of the existing factory (hereinafter referred to as "existing factory") by applying the following standards: <Added on Jan. 19, 2016; Jan. 18, 2022>

1. Notwithstanding subparagraph 2 of Article 3-3, the standard width of a dead-end road, which is not less than 35 meter long in an urban area, shall be at least four meters;

2. Notwithstanding Article 28(2), where the total floor area of an existing factory which is less than 3,000 square meters becomes not less than 3,000 square meters by extension, the width of the road adjoining the relevant site shall be at least four meters and the length of the relevant site adjoining the road shall be at least two meters.

[This Article Wholly Amended on Oct. 29, 2008]

Article 6-3(Special cases concerning verification of structural safety of buildings of unique structures) #

(1) "Buildings prescribed by Presidential Decree" in Article 6-2 of the Act, means buildings of unique structures defined in subparagraph 18 of Article 2.

(2) A client who intends to construct or substantially repair a building of unique structures (excluding any client to whom the methods of verifying structural safety are differently applied pursuant to Article 32(3)), shall file an application with the permitting authority for deliberation on the structural safety of the building by the local building committee, as prescribed by Ministerial Decree of the Land, Infrastructure and Transport, before filing a report on the commencement of the construction works under Article 21 of the Act. In such cases, the client shall require the designer to examine the structural safety of the building in advance under Article 48(2) of the Act. <Amended on Dec. 17, 2024>

(3) In receipt of an application filed under paragraph (2), the permitting authority shall refer the agenda to the working committee for construction structure field referred to in Article 5-6(1)2 within 15 days from the date of receipt of the application for deliberation, and notify the applicant of the result of deliberation.

(4) A person who is dissatisfied with the result of deliberation notified under paragraph (3), may file an application for re-deliberation with the permitting authority within one month from the date of receipt of the result of deliberation.

(5) The client who is notified of the result of deliberation under paragraph (3) or re-deliberation under paragraph (4), shall reflect it in filing a report on the commencement of the construction works under Article 21 of the Act.

(6) Article 4-2(2) and (4) of the Act shall apply mutatis mutandis to the notification of the result of deliberation under paragraph (3), and methods of re-deliberation and notification of the result thereof under paragraph (4).

[This Article Added on Jul. 6, 2015]

[Previous Article 6-3 moved to Article 6-4 <Jul. 6, 2015>]

Article 10(One-stop-service council for complex construction civil petitions) #

(1) "Relevant statutes or regulations prescribed by Presidential Decree" in Article 12(1) of the Act means the following: <Amended on Jun. 9, 2009; Jul. 16, 2009; Feb. 18, 2010; Mar. 9, 2010; Dec. 29, 2010; Jul. 26, 2012; Dec. 12, 2012; Jul. 14, 2014; May 17, 2016; Jan. 26, 2017; Feb. 3, 2017; Mar. 29, 2017; May 4, 2021; Nov. 29, 2022; May 7, 2024>

1. Article 13 of the Protection of Military Bases and Installations Act;

2. Article 23 of the Natural Parks Act;

3. Articles 7 through 9 of the Seoul Metropolitan Area Readjustment Planning Act;

4. Article 6 of the Housing Site Development Promotion Act;

5. Articles 24 and 38 of the Act on Urban Parks, Green Areas;

6. Article 34 of the Airport Facilities Act;

7. Article 9 of the Educational Environment Protection Act;

8. Articles 8, 10, 12, 14, and 18 of the Mountainous Districts Management Act;

9. Article 36 of the Creation and Management of Forest Resources Act and Article 9 of the Forest Protection Act;

10. Articles 40 and 61 of the Road Act;

11. Articles 19, 19-2, and 19-4 of the Parking Lot Act;

12. Article 38 of the Framework Act on Environmental Policy;

13. Article 15 of the Natural Environment Conservation Act;

14. Articles 7 and 15 of the Water Supply and Waterworks Installation Act;

15. Articles 34 and 36 of the Urban Traffic Improvement Promotion Act;

16. Article 35 of the Act on Conservation and Utilization of Cultural Heritage;

16-2. Article 17 of the Act on Preservation and Utilization of Natural Heritage;

17. Article 10 of the Korean Traditional Temples Preservation and Support Act;

18. Articles 12(1),13, and 15 of the Act on Special Measures for Designation and Management of Development Restriction Zones;

19. Articles 32 and 34 of the Farmland Act;

20. Article 11 of the Special Act on the Preservation and Promotion of Ancient Cities;

21. Article 6 of the Act on Installation and Management of Firefighting Systems.

(2) The permitting authority shall hold a meeting of the one-stop-service council for complex construction civil petitions established under Article 12 of the Act (hereinafter referred to as the "Council") within 10 days from the date an application for predetermination is filed under Article 10(1) of the Act or from the date an application for building permission is filed under Article 11(1) of the Act.

(3) The permitting authority shall notify the relevant administrative agencies and relevant departments that a meeting of the Council is to be held, at least three days before the scheduled date for the meeting of the Council.

(4) The relevant public official attending a meeting of the Council shall state his or her opinion on relevant statutes or regulations at the meeting of the Council.

(5) The relevant administrative agency or relevant department which makes a predetermination or grants building permission, shall submit its opinion as to consent or dissent to the permitting authority within five days from the date the meeting of the Council is held.

(6) Except as provided in this Decree, the operation of the Council, and other necessary matters, shall be prescribed by a building ordinance.

[This Article Wholly Amended on Oct. 29, 2008]

Article 10-2(Security bonds for safety control of construction sites) #

(1) "Letter of guarantee prescribed by Presidential Decree" in Article 13(2) of the Act means any of the following: <Amended on Nov. 15, 2010; Dec. 12, 2012; Mar. 23, 2013>

1. Surety insurance policy issued by an insurance company under the Insurance Business Act;

2. Payment guarantee issued by a bank under the Banking Act;

3. Letter of guarantee to guarantee the payment of debts, etc. issued by a mutual aid association established under the Framework Act on the Construction Industry;

4. Listed stock certificate referred to in Article 192(2) of the Enforcement Decree of the Financial Investment Services and Capital Markets Act;

5. Other letters of guarantee prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(2) "Interest rate set by Presidential Decree" in the main clause of Article 13(3) of the Act, means the interest rate applicable to security bonds for safety control referred to in Article 13(2) of the Act, deposited in a financial institution prescribed in Article 11 of the Enforcement Decree of the Management of the National Funds Act.

(3) Where two years have passed since the construction works on any building were interrupted after the report on the commencement of the construction works thereof had been filed, the permitting authority may take any of the following measures for improving the aesthetics and safety control of the construction site, pursuant to Article 13(7) of the Act, with security bonds paid under Article 13(2) of the Act after giving a written notice to the client: <Added on Nov. 28, 2014; Jan. 5, 2021>

1. Installing safety fences around the construction site;

2. Measures for preventing the collapse of the site and the building;

3. Landscaping and installing facilities for improving the aesthetics of the construction site;

4. Other matters prescribed by a building ordinance as it is necessary to take measures for improving the aesthetics of the construction site, or safety control of the site and the building.

[This Article Wholly Amended on Oct. 29, 2008]

Article 10-3(Safety impact assessment for buildings) #

(1) "Major buildings prescribed by Presidential Decree including skyscrapers" in Article 13-2(1) of the Act means any of the following buildings: <Amended on Oct. 24, 2017>

1. A skyscraper;

2. A building that fulfills each of the following requirements:

a. A building with total floor area (where two or more buildings are to be constructed on one site, referring to the total floor area of each building) of at least 100,000 square meters;

b. A building with at least 16 floors.

(2) A person who intends to construct a building referred to in the subparagraphs of paragraph (1) shall request the permitting authority to perform a safety impact assessment for a building pursuant to Article 13-2(1) of the Act (hereinafter referred to as "safety impact assessment") appending the following data, before filing an application for building permission under Article 11 of the Act:

1. Drawings and documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as architectural plans and basic design documents;

2. Drawings showing the current state of underground facilities determined and publicly notified by the Minister of Land, Infrastructure and Transport, such as waterworks and sewerage system, installed on adjacent land;

3. Other data determined and publicly notified by the Minister of Land, Infrastructure and Transport.

(3) An institution requested to conduct a safety impact assessment by the permitting authority pursuant to Article 13-2(1) of the Act (referring to an institution designated and publicly notified pursuant to paragraph (2) of that Article; hereinafter referred to as "safety impact assessment institution") shall examine the following matters:

1. Adequacy of the design criteria and load applied to the relevant building;

2. Adequacy of the analysis and design of the load resistance system of the relevant building;

3. Adequacy of the ground survey method and the result of calculation of the test for bearing power of soil ground resistance;

4. Matters concerning the change of groundwater level and ground safety subsequent to excavation works;

5. Other matters deemed necessary by the Minister of Land, Infrastructure and Transport for the safety impact assessment for a building.

(4) A safety impact assessment institution shall submit the result of a safety impact assessment to the permitting authority within 30 days from the date the request for the safety impact assessment is received; provided, the period may be extended only once by up to 20 days in unavoidable circumstances.

(5) A period required to make supplementation by the person who has requested a safety impact assessment pursuant to paragraph (2) and holidays and Saturdays shall be excluded from the calculation of the period referred to in paragraph (4).

(6) Upon receipt of the result of a safety impact assessment under paragraph (4), the permitting authority shall notify the details thereof without delay to the person who has requested the safety impact assessment pursuant to paragraph (2).

(7) The cost for a safety impact assessment shall be borne by the person who has requested the safety impact assessment pursuant to paragraph (2).

(8) Except as provided in paragraphs (1) through (7), matters necessary for safety impact assessments shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.

[This Article Added on Feb. 3, 2017]

Article 11(Notifications of building construction) #

(1) "Disaster-vulnerable district and zone prescribed by Presidential Decree, such as a disaster-prevention district" in Article 14(1)2b of the Act, means any of the following: <Added on Oct. 14, 2014>

1. Disaster prevention district designated under Article 37 of the National Land Planning and Utilization Act;

2. Area at risk of collapse designated under Article 6 of the Prevention of Steep Slope Disasters Act.

(2) "Substantial repair of a building prescribed by Presidential Decree without demolishing its main structural members" in Article 14(1)4 of the Act means any of the following substantial repairs: <Added on Aug. 5, 2009; Oct. 14, 2014>

1. Repair of a bearing wall by an area of at least 30 square meters;

2. Repair of at least three pillars;

3. Repair of at least three beams;

4. Repair of at least three roof trusses;

5. Repair floors or walls for firewalls or fire compartments;

6. Repair of main stairs, fire escape stairs, or special escape stairs.

(3) "Building prescribed by Presidential Decree" in Article 14(1)5 of the Act means any of the following: <Amended on Oct. 29, 2008; Aug. 5, 2009; Apr. 10, 2012; Oct. 14, 2014; Nov. 11, 2014; Jun. 30, 2016>

1. Building with a total floor area not exceeding 100 square meters;

2. Building, the height of which is extended by less than 3 meters;

3. Building constructed in compliance with the standard design documents approved under Article 23(4) of the Act (hereinafter referred to as "standard design documents") and determined by a building ordinance as its use and scale are deemed not to affect the surrounding environment and aesthetics;

4. Factory with less than two floors and a total floor area not exceeding 500 square meters (including facilities for manufacturing and processing goods, such as manufacturing facilities referred to in subparagraph 4p of Appendix 1 of this Decree), constructed in an industrial area designated under Article 36(1)1c of the National Land Planning and Utilization Act, a district-unit planning zone (limited to an industrial or distribution zone referred to in subparagraph 10 of Article 48 of the Enforcement Decree of that Act) designated under Article 51(3) of that Act, and an industrial complex designated under the Industrial Sites and Development Act;

5. Warehouse with a total floor area not exceeding 200 square meters, a stable, a crop cultivation shed, a seeds and seedlings cultivation facility, and a greenhouse for flowers, bonsai trees, etc. with a total floor area not exceeding 400 square meters, constructed in an Eup/Myeon area (excluding any district designated and publicly announced by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun as impeding regional planning or urban/Gun planning) in order to conduct any agricultural or fishery business.

(4) Article 9(1) shall apply mutatis mutandis to notifications of building construction filed under Article 14 of the Act. <Amended on Oct. 29, 2008; Oct. 14, 2014>

Article 12(Alteration to permission or reports) #

(1) Each person who intends to alter any matter in permission or a report pursuant to Article 16(1) of the Act shall obtain permission from the permitting authority, or report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu as classified follow: <Amended on Aug. 5, 2009; Dec. 12, 2012; Oct. 14, 2014; Jan. 20, 2017; Sep. 4, 2018>

1. In cases of a revision constituting new construction, an extension, or alteration in excess of a total floor area of 85 square meters, he or she shall obtain permission, and file a report in other cases;

2. In cases of a revision of a total floor area of a building for which permission is substituted by a report under Article 14(1)2 or 5 of the Act in a scale that permission is substitutable by a report after alteration, a report is to be filed, notwithstanding subparagraph 1;

3. Where the client, designer, contractor, or project supervisor (hereinafter referred to as "construction participants") is changed, he or she shall file a report.

(2) "Change to minor matters prescribed by Presidential Decree" in the proviso of Article 16(1) of the Act, means any change not constituting new construction, extension, alteration, reconstruction, relocation, substantial repair, or alteration of a building for another use. <Amended on Dec. 12, 2012>

(3) "Matters prescribed by Presidential Decree" in Article 16(2) of the Act, means the following: <Amended on Jan. 19, 2016>

1. Where the total floor area of the portions to be changed without changing the number of buildings or floors does not exceed 50 square meters and all of the following requirements are met:

a. The height of the portions to be changed shall not exceed 1 meter or 1/10 of the total height;

b. The location of the portion being constructed with permission or upon filing a report, shall be changed by up to one meter;

c. It shall not be a change from the scope for which building permission shall be deemed granted under Article 11 of the Act if a report is filed under Article 14(1) of the Act to the scale subject to building permission;

2. Where the portion to be changed without changing the number of buildings or floors does not exceed 1/10 of the total floor area (limited to where the floor area of each floor is changed by up to 50 square meters for buildings with a total floor area of at least 5,000 square meters); provided, it shall apply only to changes within the scope provided for in the main clauses of subparagraphs 4 and 5;

3. Cases falling into substantial repairs;

4. Where the height of the portion to be changed without changing the number of floors does not exceed one meter or 1/10 of the total height; provided, it shall apply only to changes within the scope provided for in the main clauses of subparagraphs 1, 2, and 5;

5. Where the location of a portion under construction with permission or upon filing a report is changed by up to one meter; provided, it shall apply only to changes within the scope provided for in the main clauses of subparagraphs 1, 2, and 4.

(4) Article 9 shall apply mutatis mutandis to the alteration to permission or reports under paragraph (1). <Amended on Sep. 4, 2018>

[This Article Wholly Amended on Oct. 29, 2008]

Article 14(Change of use) #

(1) Deleted. <May 8, 2006>

(2) Deleted. <May 8, 2006>

(3) The Minister of Land, Infrastructure and Transport may publicly notify building standards applicable to the change of use referred to in Article 19(1) of the Act. In such cases, he or she shall have a prior consultation with the head of the relevant administrative agency about building standards under the authority of other administrative agencies. <Amended on Oct. 29, 2008; Mar. 23, 2013>

(4) "Change prescribed by Presidential Decree" in the proviso of Article 19(3) of the Act means the change of the uses of the following buildings; provided, cases of changing the purpose of use to those prescribed in subparagraph 3c (limited to public baths) and d of Appendix 1, and subparagraphs 4a,g,k, and m (limited to golf practice ranges, and facilities for play),q,r, and s of that Table, 7c2) of Appendix, subparagraph 15a (limited to living lodging facilities) of that Table, and 16a and b of that Table shall be excluded: <Amended on Jun. 30, 2009; Jul. 16, 2009; Jun. 29, 2011; Dec. 12, 2012; Mar. 24, 2014; Oct. 22, 2019; Nov. 2, 2021; Feb. 13, 2024>

1. Mutual changes in the uses of the buildings referred to in that subparagraphs of Appendix 1;

2. Mutual changes in the use of Class 1 neighborhood living facilities and Class 2 neighborhood living facilities in compliance with the restrictions of their use prescribed by the National Land Planning and Utilization Act or other relevant statutes or regulations.

(5) The uses of buildings that belong to the facility groups referred to in the subparagraphs of Article 19(4) of the Act, shall be as follows: <Amended on Oct. 29, 2008; Dec. 13, 2010; Jun. 29, 2011; Mar. 24, 2014; Feb. 11, 2016; Feb. 3, 2017; May 5, 2023>

1. Group of facilities relating to motor vehicles: Motor vehicle-related facilities;

Facilities relating to motor vehicles;

2. Group of facilities for industrial purposes, etc.:

a. Transportation facilities;

b. Warehouse facilities;

c. Factories;

d. Storage and treatment facilities for hazardous substances;

e. Resource recycling facilities;

f. Graveyard-related facilities;

g. Funeral facilities;

3. Group of facilities for telecommunications:

a. Broadcasting communications facilities;

b. Power generating facilities;

4. Group of cultural and assembly facilities:

a. Cultural and assembly facilities;

b. Religious facilities;

c. Amusement facilities;

d. Tourist resting facilities;

5. Group of facilities for commerce:

a. Sales facilities;

b. Sports facilities;

c. Lodging facilities;

d. Communal living facilities among Class 2 neighborhood living facilities;

6. Group of facilities for education and welfare:

a. Medical facilities;

b. Education and research facilities;

c. Facilities for senior citizens and children;

d. Training facilities;

e. Campground facilities;

7. Group of neighborhood living facilities:

a. Class 1 neighborhood living facilities;

b. Class 2 neighborhood living facilities (excluding communal living facilities);

8. Group of facilities for residential and business purposes:

a. Detached houses;

b. Multi-family housing;

c. Business facilities;

d. Correctional facilities;

e. Defense and military facilities;

9. Miscellaneous group of facilities:

a. Animal and plant-related facilities;

b. Deleted. <Dec. 13, 2010>.

(6) Where an existing building or site becomes not compliant with the provisions of the statutes or regulations, etc. due to the enactment or amendment of a statute or regulation or any of the causes prescribed in each subparagraph of Article 6-2(1), its use may be changed, as prescribed by a building ordinance. <Amended on Oct. 29, 2008>

(7) "Cases prescribed by Presidential Decree" in Article 19(6) of the Act, means cases where the use of a one-storied stable is changed to a factory without accompanying any extension, alteration or substantial repairs and impairing structural safety, escape, etc. <Amended on Oct. 29, 2008>

[This Article Wholly Amended on Apr. 30, 1999]

Article 15(Temporary buildings) #

(1) "Standards prescribed by Presidential Decree" in Article 20(2)3 of the Act, means the following: <Amended on Apr. 10, 2012; Oct. 14, 2014>

1. The temporary building is neither a reinforced concrete structure nor a steel-framed reinforced concrete structure;

2. The retention period of the temporary building shall not exceed three years; provided, such period may be extended until an urban/Gun planning project is implemented;

3. The temporary building does not require installation of new arterial supply facilities, such as electricity, tap water, and gas;

4. The temporary building shall not be multi-family housing, a sales facility, or a transportation facility built for sale.

(2) Article 38 of the Act shall not apply to temporary buildings prescribed in paragraph (1).

(3) Articles 46 and 55 of the Act shall not apply to shading facilities installed in an open space in a marketplace or over a road among temporary buildings prescribed in paragraph (1).

(4) Articles 45 through 47 of the Act shall not apply where a temporary building prescribed in paragraph (1) is built in an urban/Gun pre-planned road. <Amended on Apr. 10, 2012>

(5) "Temporary building for disaster recovery, performances, exhibitions, construction works, or any other purpose prescribed by Presidential Decree" in Article 20(3) of the Act, means any of the following: <Amended on Jun. 30, 2009; Jul. 16, 2009; Feb. 18, 2010; Jun. 29, 2011; May 31, 2013; Oct. 14, 2014; Nov. 11, 2014; Apr. 24, 2015; Jan. 19, 2016; Jun. 30, 2016>

1. A structure constructed for a temporary use in a disaster-stricken zone or an adjacent zone designated by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/ Gun/Gu;

2. A temporary venue for performances or exhibitions, a temporary shop for direct trade of agricultural, fisheries, and forest products, and other similar places, deemed not to impede urban scenery or traffic by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu;

3. A temporary building and a fixture for construction works in a scale necessary for construction works;

4. Model houses for display or facilities similar thereto;

5. A temporary shop (referring to those to sell goods, etc.) constructed in an area designated and publicly announced by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to maintain roadsides, etc. and does not impede safety, fireproof, and hygiene;

6. A temporary building with a prefabricated structure, used as a guard room, having a total floor area not exceeding 10 square meters;

7. A temporary garage with a prefabricated light-structure, having no exterior wall;

8. A temporary building built of containers or other similar materials to be used as a temporary office, temporary warehouse, or temporary lodging (excluded herefrom shall be those constructed on the rooftop of a building; provided, those constructed on the rooftop of a factory between July 1, 2009 and June 30, 2015 and between July 1, 2016 and June 30, 2019 shall be included herein);

9. A vinyl greenhouse for agriculture and fisheries with a total floor area of at least 100 square meters, installed in a residential, commercial, or industrial area, among urban areas;

10. A vinyl greenhouse or tent (including tents with walls or roof made of synthetic resin and tents, not more than 1/2 of the roof area of which, is made of composite steel sheets) structure with a total floor area of at least 100 square meters, used as a temporary stable, livestock excrement treatment facility, play-yard for livestock, or rain shelter for livestock;

11. A fixed-type greenhouse, or temporary workplace for agricultural and fishery purposes, and a livestock breeding facility;

12. A tent (including tents with walls or roof made of synthetic resin) used as a storage, simple packaging, or simple repair works, installed in a factory or warehouse, or on adjacent land, etc.;

13. A tent or an establishment with a light structure for temporary tourism or cultural events, etc. in an amusement park, general recreation business area, etc.;

14. An outdoor exhibition facility and a filming facility;

15. A temporary building used for an outdoor smoking room, the floor area of not exceeding 50 square meters;

16. Other buildings similar to those referred to in subparagraphs 1 through 14 and prescribed by a building ordinance.

(6) None of the following relevant provisions shall apply where any temporary building is built pursuant to Article 20(5) of the Act: <Amended on Sep. 22, 2015; Sep. 4, 2018; Oct. 22, 2019; Oct. 8, 2020; Sep. 12, 2023>

1. Where any temporary building referred to in the subparagraphs (excluding subparagraph 4) of paragraph (5) is built, Articles 25,38 through 42,44 through 47,48,48-2,49,50,50-2,51,52,52-2,52-4,53,53-2,54 through 58,60 through 62 64,67, and 68 of the Act and Article 76 of the National Land Planning and Utilization Act shall not apply; provided, Articles 48,49, and 61 shall not apply only in the following cases:

a. Where Articles 48 and 49 of the Act shall not apply: In any of the following cases:

1) Where a temporary building with one or two floors (in cases falling under paragraph (5)2 and 14, limited to a temporary building with one floor) is constructed;

2) Where a temporary building with at least three floors (referring to a temporary building with at least two floors in cases falling under paragraph (5)2 or 14) is constructed and the safety of structure and evacuation is recognized based on the result of deliberation by a local building committee; provided, if documents prescribed by Presidential Decree as those supporting the safety of structure and evacuation are submitted to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, the deliberation by a local building committee may be omitted;

b. Where Article 61 of the Act shall not apply: Where agreement is reached with the owner of land adjoining to the temporary building due north;

2. Where any temporary building referred to in paragraph (5)4 is built, only Articles 25,38,39,42,45,50-2,53,54 through 57,60,61, and 68 of the Act and Article 76 of the National Land Planning and Utilization Act shall not apply.

(7) The retention period of a temporary building subject to reporting under Article 20(3) of the Act shall not exceed three years; provided, the retention period of a temporary building or fixture for construction works referred to in paragraph (5)3 means a period until the date the relevant construction works is completed. <Amended on Oct. 14, 2014; Nov. 11, 2014; Nov. 2, 2021>

(8) Each person who intends to obtain building permission for, or to file a notification of building construction on, a temporary building pursuant to Article 20(1) or (3) of the Act shall submit an application for building permission for the temporary building or a notification of building construction on the temporary building in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport, accompanied by relevant documents, to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu; provided, where matters concerning the construction of a temporary building for construction works have been submitted along with matters concerning the construction of a building as at the time an application for building permission was filed, the submission of a notification of building construction on the temporary building shall be omitted. <Amended on Mar. 23, 2013; Oct. 14, 2014; Sep. 4, 2018>

(9) In receipt of an application for building permission for a temporary building or a notification of building construction on a temporary building submitted under paragraph (8), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a building permit for the temporary building or a certificate of completion of a notification of building construction on the temporary building to the relevant person after verifying the details of the application or the report, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Oct. 14, 2014; Sep. 4, 2018>

(10) Deleted. <Feb. 18, 2010>

[This Article Wholly Amended on Oct. 29, 2008]

Article 17(Approval for use of building) #

(1) Deleted. <May 8, 2006>

(2) In cases where a client intends to receive approval for the temporary use of the portion of which construction has been completed before he or she receives a written approval for use under Article 22(3)2 of the Act, he or she shall submit an application (including submission in electronic documents) for approval for temporary use to the permitting authority, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Oct. 29, 2008; Mar. 23, 2013>

(3) The permitting authority who has received an application under paragraph (2) may approve a temporary use only when the portion of which construction has been completed satisfies the standards under Article 22(3)2 of the Act, and with respect to buildings of which construction is completed at the time when it is inadequate to take necessary measures for landscaping, such as tree-planting, its temporary use may be approved on the condition that necessary measures are to be taken for landscaping, such as tree-planting, by the time fixed by the permitting authority. <Amended on Oct. 29, 2008>

(4) The effective period of the approval for temporary use shall be within two years; provided, the permitting authority may extend such period for large buildings, or buildings which take a long time in construction due to works on rock floors, etc. <Amended on Oct. 29, 2008>

(5) "Contractors of main works prescribed by Presidential Decree" in the latter part of Article 22(6) of the Act means a person falling under any of the following subparagraphs: <Amended on Oct. 29, 2008; Feb. 18, 2020; Sep. 12, 2023>

1. A construction business operator who has registered a type of business performing general construction works or specialized construction works under Article 9 of the Framework Act on the Construction Industry and is given a contract for construction work by a project owner;

2. A contractor who performs construction works pursuant to the Electrical Construction Business Act, the Firefighting System Installation Business Act or the Information and Communications Construction Business Act.

Article 18-2(Buildings subject to taking photographs and video clips) #

(1) "Building for the use and of scale prescribed by Presidential Decree, such as multi-family housing, a general hospital, and a tourist accommodation facility" in the former part of Article 24(7) of the Act means any of the following buildings: <Amended on Dec. 4, 2018>

1. A public-use building;

2. A building of unique structures;

3. A building with at least three floors, among buildings the lower part of which has a piloti structure or any other similar structure (limited to a structure in which at least 1/2 of the wall area is space, from the bottom of the relevant floor to the bottom of the floor above) and is designed structurally different from the upper part (hereinafter referred to as "piloti-type buildings").

(2) "Whenever the progress of construction works reaches the stage prescribed by Presidential Decree" in the former part of Article 24(7) of the Act means any time the progress of construction works reaches the stages classified as follows: <Amended on Dec. 4, 2018; Aug. 6, 2019; Jun. 18, 2024>

1. Public-use buildings: The following steps:

a. A stage classified in Article 19(3)1 through 3;

b. The stage prescribed by Decree of the Ministry of Land, Infrastructure and Transport in relation to the construction works of installing fire compartments under Article 46(1).

2. A building of unique structures: Any of the following stages:

a. When the arrangement of the upper slab bars is completed on every floor;

b. When the assembly of the main structural members is completed on every floor;

3. A piloti-type building with at least three floors: Any of the following stages:

a. When the arrangement of reinforcing bars for foundation works is completed;

b. When the arrangement of reinforcing bars for any of the following members, through which the load of the upper part of the building is transferred to the lower part structurally different from the upper part, is completed:

1) Either columns or walls;

2) Either beams or slabs.

[This Article Added on Feb. 3, 2017]

[Previous Article 18-2 moved to Article 18-3 <Feb. 3, 2017>]

Article 19(Supervision of construction works) #

(1) Each project owner shall appoint a project supervisor pursuant to Article 25(1) of the Act to supervise the relevant construction works, as follows: <Amended on Jul. 16, 2009; Dec. 13, 2010; May 22, 2014; Dec. 11, 2018; Jan. 7, 2020; Sep. 14, 2021; Dec. 28, 2021>

1. In any of the following cases: A certified architect:

a. When constructing a building that requires building permission under Article 11 of the Act (excluding buildings subject to notifying as to building construction under Article 14 of the Act);

b. When remodeling a building referred to in Article 6(1)6;

2. When constructing a public-use building: A construction engineering business entity defined in the Construction Technology Promotion Act (excluding where such business entity is the contractor himself or herself or an affiliate defined in subparagraph 12 of Article 2 of the Monopoly Regulation and Fair Trade Act) or a certified architect (limited to where a construction project management engineer is assigned pursuant to Article 60 of the Enforcement Decree of the Construction Technology Promotion Act).

(2) Where a project supervisor of a public-use building is appointed under paragraph (1), the standards for assigning the supervisor and setting supervision fees shall be governed by the Construction Technology Promotion Act. <Amended on May 22, 2014>

(3) "When the progress of the project reaches the stage prescribed by Presidential Decree" in Article 25(6) of the Act means where the construction (in cases of constructing at least 2 buildings on one site, referring to the construction of each building) reaches the stage classified as follows: <Amended on Nov. 28, 2014; May 17, 2016; Feb. 3, 2017; Aug. 6, 2019; Dec. 17, 2024>

1. Where the relevant building has a reinforced concrete structure, steel-framed reinforced concrete structure, masonry structure, or reinforced concrete block structure: Any of the following stages:

a. When the arrangement of reinforcing bars for foundation works is completed;

b. When the arrangement of roof slab bars is completed;

c. When the arrangement of upper slab bars is completed at every fifth floor above the ground;

d. Where the arrangement of the upper slab bars is completed on each ground floor A building of flat slab structure (referring to a building of unique structures under subparagraph 18c of Article 2, whose ratio of the total cross-sectional area laying without beams to the total cross-sectional area of the main structural members laying vertically on the relevant ground floor with flat slab structure accounts for at least 1/4;

2. Where the relevant building has a steel-framed structure: Any of the following stages:

a. When the arrangement of reinforcing bars for foundation works is completed;

b. When the assembly of the steel frames for the roof is completed;

c. When the assembly of main structural members is completed at every third floor above the ground or at every 20-meter-height;

3. Where the relevant building has a structure, other than those referred to in subparagraph 1 or 2: A stage in which the installation of molds or cornerstones for foundation works is completed;

4. Where a building falling under subparagraphs 1 through 3 is a piloti-type building with at least three floors: Any of the following stages:

a. When the construction reaches any stage specified in subparagraphs 1 through 3, depending on the structure of the relevant building;

b. When the construction reaches the stage specified in Article 18-2(2)3b.

(4) "Project for the use or of the scale prescribed by Presidential Decree" in Article 25(5) of the Act, means construction works for a building with a total floor area of at least 5,000 square meters. <Amended on Feb. 3, 2017>

(5) Each project supervisor shall perform supervisory duties at a construction site occasionally or when necessary; and when supervising the following construction works, he or she shall have at least one assistant architect in the field of construction and at least one assistant architect in the field of civil engineering, electricity, or machinery among assistant architects (including those belonging to professional engineer offices established under Article 6 of the Professional Engineers Act, or construction engineering business entities, etc. provided for in the subparagraphs of Article 23(9) of the Certified Architects Act, who have acquired technical qualifications in the relevant field under the National Technical Qualifications Act, or are qualified to perform construction project management under Article 4 of the Enforcement Decree of the Construction Technology Promotion Act; hereinafter the same shall apply) defined in subparagraph 2 of Article 2 of the Certified Architects Act conduct supervisory duties at respective construction sites during the entire period of construction and during the period of construction of the relevant field, respectively. In such cases, the assistant architect shall have at least two years’ work experience in the design, execution of construction, testing, inspection, construction oversight, supervisory duties, etc. of construction works in the relevant field: <Amended on Jul. 16, 2009; Dec. 13, 2010; Dec. 13, 2010; May 22, 2014; Sep. 22, 2015; Sep. 4, 2018; Jan. 7, 2020; Apr. 21, 2020; Sep. 14, 2021>

1. Construction works for a building with a total floor area of at least 5,000 square meters; provided, excluded herefrom shall be construction works of stables or crop cultivation sheds;

2. Construction works for a building with five consecutive floors (including underground floors) and a total floor area of at least 3,000 square meters;

3. Construction works for apartment buildings;

4. Construction works for quasi-public-use buildings.

(6) Where a project supervisor supervises a project, which does not fall under the subparagraphs of paragraph (5), for excavation to a depth of at least 10 meters or for building a retaining wall with a height of at least five meters (excluding construction of a factory with an aggregate floor area of at least 2,000 square meters in an industrial complex defined in subparagraph 14 of Article 2 of the Industrial Cluster Development and Factory Establishment Act), he or she shall require at least one assistant architect in the field of architecture or civil engineering to perform supervisory duties in the construction site during the relevant construction period. In such cases, the assistant architect shall have at least two years’ experience in the execution, construction oversight, supervision, etc. of the relevant construction works. <Added on Apr. 21, 2020; Aug. 10, 2021; Sep. 12, 2023>

(7) A project supervisor shall, in cases prescribed by Decree of the Ministry of Land, Infrastructure and Transport where he or she supervises installation of finishing materials for the building falling under Article 61(1)4, have at least one assistant architect in the field of construction or safety management conduct supervision at the construction site during the period of installation of finishing materials. In such cases, an assistant architect shall have at least two years’ experience in the design, execution, test, inspection, construction oversight, supervision, or other similar activities. <Added on Aug. 10, 2021>

(8) Where a project supervisor has an assistant architect conduct supervision pursuant to paragraphs (5) through (7), he or she shall have an assistant architect who is not supervising other construction sites or processes, perform supervisory duties. <Added on Aug. 10, 2021>

(9) Supervisory duties to be performed by project supervisors shall be as follows: <Amended on Mar. 23, 2013; Apr. 21, 2020; Aug. 10, 2021>

1. Verification as to whether the contractor is performing construction works in conformity to design documents;

2. Verification as to whether the building materials used by the contractor conform to the standards provided for in relevant statutes or regulations;

3. Other matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport concerning the supervision of construction works.

(10) Each project supervisor who assigns an assistant architect to perform the supervisory duties at a construction site under paragraphs (5) through (7), shall submit a status report on the posting of assistant architects to the permitting authority within the period classified follow, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Nov. 28, 2014; Apr. 21, 2020; Aug. 10, 2021>

1. Where the project supervisor assigns an assistant architect for the first time: Seven days from the scheduled commencement date (referring to the scheduled commencement date in cases of posting an assistant architect under paragraph (6) or (7));

2. Where the project supervisor replaces an assistant architect: Within seven days from the date of such replacement;

3. Where the project supervisor withdraws an assistant architect: Seven days from the date of withdrawal.

(11) Upon receiving a status report on the placement of assistant architects from a project supervisor under paragraph (10), the permitting authority shall without delay verify the details prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as whether there is an overlap of assistant architects, and shall forward it to the Korea Institute of Registered Architects defined in the Certified Architects Act through a Public Information Sharing Center defined in Article 37 of the Electronic Government Act. <Amended on Mar. 23, 2013; Apr. 21, 2020; Aug. 10, 2021; Jul. 26, 2022; Sep. 12, 2023>

(12) In receipt of a status report on the placement of assistant architects under paragraph (11), the Korea Institute of Registered Architects shall manage it, and where it has discovered that an assistant architect is posted concurrently at least two construction sites, etc., it shall without delay inform the relevant Mayor/Do Governor, the permitting authority, and any other person prescribed by Decree of the Ministry of Land, Infrastructure and Transport of such fact, etc. <Amended on Dec. 12, 2012; Apr. 21, 2020; Aug. 10, 2021; Jul. 26, 2022; Sep. 12, 2023>

(13) Except as provided in paragraph 12, matters necessary for managing the status of placement of assistant architects, etc. shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Sep. 12, 2023>

[This Article Wholly Amended on Oct. 29, 2008]

Article 19-2(Buildings for which permitting authority designates project supervisors) #

The amended provisions of Article 87(4)1 shall apply, beginning with an application for building permission (including an application for deliberation of a building committee prescribed in Article 5 or 5-5 filed to apply for building permission) to be filed after this Decree enters into force.

1. Buildings not falling under any subparagraph of Article 41(1) of the Framework Act on the Construction Industry that does not fall under any of the following items:

a. A detached houses referred to in subparagraph 1 a. of Appendix 1;

b. A warehouse, storage, workshop, compost shed, stable, and fish farm built for agriculture, forestry, or livestock industry and other buildings of similar use;

c. Where the construction work of relevant buildings is minor in scale that falls under any subparagraph of Article 8(1) of the Enforcement Decree of the Framework Act on the Construction Industry;

2. Any of the following buildings used as housing (including where any of the following buildings is annexed with a building, other than such buildings, into one building):

a. Apartment houses;

b. Tenement houses;

c. Multi-household houses;

d. Multi-user houses;

e. Multi-unit houses;

3. Deleted. <Feb. 12, 2019>

(2) To designate a project supervisor pursuant to the main clause, with the exception of the subparagraphs, of Article 25(2) of the Act, a Mayor/Do Governor shall prepare and manage a list of project supervisors after making a recruitment notice to persons classified as follows: In such cases, the Mayor/Do Governor shall have a prior consultation with the head of a competent Si/Gun/Gu. <Amended on Apr. 21, 2020; Sep. 14, 2021>

1. For a public-use building: A certified architect who has filed a report on the establishment of an architectural firm pursuant to Article 23(1) of the Certified Architects Act and a construction engineering business entity under the Construction Technology Promotion Act;

2. In other cases: A certified architect who has filed a report on the establishment of an architectural firm under Article 23(1) of the Certified Architects Act.

(3) The client of a building that falls under any subparagraph of paragraph (1), shall file an application for the designation of a project supervisor with the permitting authority, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, before filing a report on the commencement of the construction works under Article 21 of the Act.

(4) The permitting authority shall designate a project supervisor selected from among those on the list prepared under paragraph (2).

(5) Except as provided in paragraphs (3) and (4), details concerning the recruitment notice of project supervisors, methods of preparing the list, methods of designating project supervisors, and other relevant matters, shall be prescribed by ordinance of a City/Do.

(6) "New technology prescribed by Presidential Decree" in Article 25(2)1 of the Act means a new technology that applies to main structural members of a building and finishing materials of such main structural members. <Added on Oct. 8, 2020>

(7) "Certified architect prescribed by Presidential Decree" in Article 25(2)2 of the Act means a certified architect who has won an award or grand prize at a design competition or contest prescribed in any subparagraph of Article 11(1) of the Enforcement Decree of the Act on the Promotion of Building Service Industry over the last 5 years from the date on which the client files an application for the designation of construction supervision with the permitting authority, under the proviso, with the exception of the subparagraphs, of that paragraph. <Added on Oct. 8, 2020; Aug. 26, 2025>

(8) "Relevant contract and other documents prescribed by Presidential Decree" in Article 25(13) of the Act means the following documents: <Added on Feb. 12, 2019; Oct. 8, 2020>

1. A plan for the relevant designer's involvement in the construction process;

2. A contract between the client and the designer.

[This Article Added on Jul. 19, 2016]

Article 22(Special cases concerning buildings for public use) #

(1) Where the State or a local government intends to construct a building under Article 29 of the Act, the head of an administrative agency executing the relevant construction works or a person entrusted with the execution of such works shall submit (including submission in electronic format) design documents of such construction works and relevant documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the permitting authority before the commencement of the relevant construction works; provided, the submission of design documents may be omitted where a building important for national security or treated as national confidential information is constructed. <Amended on Mar. 23, 2013>

(2) After examining design documents and relevant documents submitted under the main clause of paragraph (1), the permitting authority shall give notice (including notice in electronic format where the head of the relevant administrative agency or the entrusted person wishes or design documents, etc. under paragraph (1) have been submitted in electronic format) of the result of such examination to the head of the relevant administrative agency or the entrusted person.

(3) The State or a local government shall give notice to the permitting authority of the completion of the construction of a building under the proviso of Article 29(3) of the Act, accompanied by relevant document prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(4) "Facilities prescribed by Presidential Decree, such as amenities for residents" in the former part of Article 29(4) of the Act, means the following: <Added on Jul. 19, 2016>

1. Class 1 neighborhood living facilities;

2. Class 2 neighborhood living facilities (excluding firearm stores, morticians, communal living facilities, manufacturing stores, public pubs, massage parlors, and singing rooms);

3. Cultural and assembly facilities (limited to performance halls and exhibition halls);

4. Medical facilities;

5. Education and research facilities;

6. Facilities for senior citizens or children;

7. Sports facilities;

8. Business facilities (excluding officetels).

[This Article Wholly Amended on Oct. 29, 2008]

Article 22-2(Computerization of business of building permission) #

(1) A person who intends to use the data which under the main clause, with the exception of the subparagraphs, of Article 32(2) of the Act with the exception of each subparagraph, have been processed through the electronic data processing system under paragraph (1) of that Act (hereinafter referred to as "computerized data") shall submit an application stating the following matters to the head of the relevant central administrative agency in order to receive an examination by the head of the relevant central administrative agency:

1. The purpose of and grounds for the use of the computerized data;

2. The scope and contents of the computerized data;

3. The method to be provided with the computerized data;

4. The method of keeping the computerized data, safety control measures, etc.

(2) A person who intends to use computerized data under paragraph (1) shall apply within the minimum scope satisfying the purpose of the use of the computerized data.

(3) The head of the relevant central administrative agency who has received an application under paragraph (1) shall, after examining the matters in each of the following subparagraphs, inform the applicant of the result of the examination within 15 days from the date on which he or she received such application:

1. Feasibility, appropriateness and public nature of the matters in each subparagraph of paragraph (1);

2. Whether or not the standards for protection of personal information under Article 32(3) of the Act are satisfied;

3. Whether or not a measure for the prevention of use of computerized data for purposes beyond the purpose of their use has been formulated.

(4) A person who intends to obtain approval for the use of computerized data under Article 32(2) of the Act shall submit to the Minister of Land, Infrastructure and Transport, Mayor/Do Governor, or the head of a Si/Gun/Gu an application for approval for the use of computerized data on architectural administration, which is prescribed by Decree of the Ministry of Land, Infrastructure and Transport, attaching thereto the result of examination under paragraph (3); provided, in cases where the head of a central administrative agency or the head of a local government intends to use computerized data, he or she may apply for such approval with documents stating the grounds for and purpose of the use of computerized data, safety control measures, etc. <Amended on Mar. 23, 2013>

(5) "Guidelines for the protection of personal information of clients and other parties prescribed by Presidential Decree" in the former part of Article 32(3) of the Act means the standards in each of the following:

1. The requested computerized data are not to be information from which certain individual can be identified through the name, resident registration number, or other description which are included in the data (including information from which certain individual cannot be identified from the relevant single information but can be easily identified if combined with other information), or other information that are likely to disturb the privacy of an individual; provided, in cases where there exits the consent of the individual concerned or grounds in other Acts, the use thereof may be allowed;

2. In cases where computerized data containing personal information are used under the proviso of subparagraph 1, safety control measures are to be prepared against the use of the computerized data for purposes, other than their approved purposes, leakage, loss, theft, etc.

(6) The Minister of Land, Infrastructure and Transport, Mayor/Do Governor, or head of a Si/Gun/Gu shall, when he or she approved the use of computerized data under Article 32(3) of the Act, record and manage the details of the approval. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Oct. 29, 2008]

Article 22-3(Computerized data users subject to guidance and supervision) #

(1) Persons subject to guidance for and supervision of the matters concerning the retention or management of computerized data among persons using computerized data under Article 33(1) of the Act shall be those using computerized data (including computerized data provided under other statutes or regulations) as classified in each of the following subparagraphs; provided, the State and local governments shall be excluded herefrom: <Amended on Mar. 23, 2013>

1. The Minister of Land, Infrastructure and Transport: Persons who use not less than 500,000 cases of computerized data on a national basis yearly;

2. Mayors/Do Governors: Persons who use not less than 100,000 cases of computerized data on a City/Do basis yearly;

3. The head of a Si/Gun/Gu: Persons who use not less than 50,000 cases of computerized data on a Si/Gun/Gu basis yearly.

(2) The Minister of Land, Infrastructure and Transport, Mayor/Do Governor or head of a Si/Gun/Gu may, if necessary for guidance and supervision under Article 33(1) of the Act, request a person subject to guidance and supervision under paragraph (1) to submit the data in each of the following subparagraphs: <Amended on Mar. 23, 2013>

1. Materials on the status of use of electronic data;

2. Materials on safety management measures to keep step with the use of electronic data;

(3) A person who has been requested to submit data under paragraph (2) shall submit the relevant data within 15 days unless there is a good reason not to do so.

(4) The Minister of Land, Infrastructure and Transport, Mayor/Do Governor, or head of a Si/Gun/Gu shall, when intending to conduct an on-site survey of the actual status of use of computerized data under Article 33(1) of the Act, notify the person subject to investigation of the purpose and details of investigation, identity of investigators, date of investigation, etc. by not later than seven days before the investigation. <Amended on Mar. 23, 2013; Aug. 6, 2019>

(5) The Minister of Land, Infrastructure and Transport, Mayor/Do Governor, or head of a Si/Gun/Gu shall notify the person subject to investigation of the result of the on-site investigation under paragraph (4), and may request for corrections when necessary as a result of the investigation. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Oct. 29, 2008]

Article 27(Landscaping of sites) #

(1) Measures, such as landscaping, need not be taken for any of the following buildings, pursuant to the proviso of Article 42(1) of the Act: <Amended on Jul. 16, 2009; Dec. 13, 2010; Apr. 10, 2012; Dec. 12, 2012; Mar. 23, 2013>

1. A building constructed in a green area;

2. A factory constructed on a site not exceeding 5,000 square meters;

3. A factory with a total floor area not exceeding 1,500 square meters;

4. A factory in an industrial complex defined in subparagraph 14 of Article 2 of the Industrial Cluster Development and Factory Establishment Act;

5. A building determined by a building ordinance, falling under cases where its site contains salt, or where it is impractical or irrational to take measures, such as landscaping, in consideration of the characteristics of its use;

6. A stable;

7. A temporary building referred to in Article 20(1) of the Act;

8. A logistics facility with a total floor area not exceeding 1,500 square meters (excluding those constructed in residential areas or commercial areas) prescribed by Decree of the Ministry of Land, Infrastructure and Transport;

9. A building in a natural environment conservation area, an agricultural and forestry area, or a management area (excluding the areas designated as district unit planning zones) designated under the National Land Planning and Utilization Act;

10. Any of the following buildings prescribed by a building ordinance:

a. Tourist facilities established in a tourist destination defined in subparagraph 6 of Article 2 of the Tourism Promotion Act or a tourist complex defined in subparagraph 7 of that Article;

b. Facilities for a specialized resort business defined in Article 2(1)3a of the Enforcement Decree of the Tourism Promotion Act or facilities for a general resort complex business defined in Article 2(1)3b of that Enforcement Decree;

c. Tourist facilities established in a tourism and resort type district-unit planning zone referred to in subparagraph 10 of Article 48 of the Enforcement Decree of the National Land Planning and Utilization Act;

d. Golf courses referred to in Appendix 1 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act.

(2) The standards for measures, such as landscaping, under the proviso of Article 42(1) of the Act, shall be as prescribed in each of the following; provided, where more lenient standards than any of the following have been otherwise provided for by a building ordinance, such lenient standards shall prevail: <Amended on Sep. 9, 2009; Mar. 29, 2017; Mar. 12, 2019>

1. Factories (excluding factories referred to in paragraph (1)2 through 4) and logistics facilities (excluding logistics facilities referred to in paragraph (1)8 and logistics facilities constructed in residential areas or commercial areas):

a. Where the total floor area exceeds 2,000 square meters: More than 10 percent of the site area;

b. Where the total floor area exceeds 1,500 square meters but does not exceed 2,000 square meters: More than five percent of the site area;

2. Airport facilities defined in subparagraph 7 of Article 2 of the Airport Facilities Act: More than 10 percent of the site area (excluding the area used for aircraft take-off and landing facilities, such as runways, taxiways, aprons, and landing zones);

3. Station facilities which is part of the railroad defined in subparagraph 1 of Article 2 of the Act on Railroad Construction and Railroad Facilities Management: More than 10 percent of the site area (excluding the area used for facilities for railroad operations, such as railroad tracks and platforms);

4. Other buildings built on a site, which exceeds 200 square meters but does not exceed 300 square meters: More than 10 percent of the site area.

(3) Where the rooftop of a building is landscaped or other necessary measures are taken for the rooftop of a building in conformity to the standards publicly notified by the Minister of Land, Infrastructure and Transport under Article 42(2) of the Act, an area equivalent to 2/3 of the landscaped area of the rooftop may be calculated as a site area subject to landscaping under Article 42(1) of the Act. In such cases, the area to be calculated as an area subject to landscaping shall not exceed 50/100 of the area subject to landscaping under Article 42(1) of the Act. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Oct. 29, 2008]

Article 27-2(Securing privately-owned public space) #

(1) A privately-owned public space or privately-owned public open space (hereafter in this Article referred to as "POPS, etc.") shall be established on the site of any of the following buildings pursuant to Article 43(1) of the Act. In such cases, the privately-owned public space may have a piloti structure: <Amended on Jul. 16, 2009; Nov. 20, 2013; Oct. 22, 2019>

1. Cultural or assembly facilities, religious facilities, sales facilities (excluding distribution facilities for agricultural and fishery products established under the Act on Distribution and Price Stabilization of Agricultural and Fishery Products), transportation facilities (limited to passenger facilities), business facilities, or lodging facilities with a total floor area of at least 5,000 square meters for the relevant use;

2. Other public-use facilities, which are buildings determined by a building ordinance.

(2) The area of a POPS, etc. shall be prescribed by a building ordinance, within 10 percent of the area of the relevant site. In such cases, the landscaping area under Article 42 of the Act and the area for taking a measure for preserving buried cultural heritage at site under Article 14(1)1 of the Act on Protection and Inspection of Buried Cultural Heritage may be included in a POPS, etc. <Amended on Nov. 11, 2011; Aug. 3, 2015; Jun. 27, 2017; May 7, 2024>

(3) When a POPS, etc. is established pursuant to paragraph (1), facilities prescribed by a building ordinance, such as benches or landscaping facilities, shall be installed so that all people may use them at their convenience in an environmentally friendly manner. <Amended on Oct. 22, 2019>

(4) Where a POPS, etc. is established in a building referred to in paragraph (1) (including where a building referred to in paragraph (1) and another building not falling under paragraph (1), are consolidated into one building), Articles 56 and 60 of the Act shall be relaxed according to the ratio of the scale of the POPS, etc. to the scale of the site within the following ratios, pursuant to Article 43(2) of the Act; provided, where the ratios determined by a building ordinance within the following ratios, exceeds the relaxed ratio, such ratios determined by a building ordinance shall apply: <Amended on Nov. 11, 2014>

1. The floor area ratio provided for in Article 56 of the Act shall not exceed 1.2 times the floor area ratio applicable to the relevant area;

2. The height limit set under Article 60 of the Act shall not exceed 1.2 times the height limit applicable to the relevant building.

(5) Paragraph (4) shall apply mutatis mutandis where a POPS, etc., which complies with Article 43(4) of the Act and paragraphs (2) and (3) of this Article is established on the site of a building (excluding multi-family housing other than cases of building housing units and non-housing units in the shape of the same building, among multi-family housing units subject to approval of the business plan under Article 15(1) of the Housing Act) unnecessary to secure a POPS, etc. therein. <Amended on Nov. 11, 2014; Aug. 11, 2016; Jan. 20, 2017; Oct. 22, 2019>

(6) Cultural or promotional events for residents may be held in a POPS, etc. for up to 60 days annually, as prescribed by a building ordinance; provided, it is prohibited to engage in any activity obstructing the public use of the relevant POPS, etc., such as installing a fence. <Added on Jun. 30, 2009>

(7) The activities restricted pursuant to Article 43(4) of the Act shall be as follows: <Added on Apr. 21, 2020>

1. Occupying a specific space in a POPS, etc. to run business;

2. The following acts that obstruct the use of a POPS, etc.:

a. Installing any facility other than facilities referred to in paragraph (3) in the POPS, etc.;

b. Storing materials in the POPS, etc.;

3. Blocking the entry into a POPS, etc., such as installing a fence or a wall, or closing an entrance;

4. Damaging a POPS, etc. and amenities installed therein;

5. Other acts specified by a building ordinance as similar to the activities referred to in subparagraphs 1 through 4.

[This Article Wholly Amended on Oct. 29, 2008]

Article 31(Building lines) #

(1) The building line of a site located at the intersection of roads with a width of less than eight meters under Article 46(1) of the Act shall be established by a straight line connecting two points of the intersecting road right-of-way lines, which points are located at the following distance from the intersection of said right-of-way lines, as shown in Appendix below:

(Unit: meters)

┌──────────┬──────────────┬──────────┐

│ Intersection angle of the road │ Width of the road │ Width of the intersecting road │

│ ├───────┬──────┤ │

│ │ 6 or more but less than 8 │ 4 or more but less than 6 │ │

├──────────┼───────┼──────┼──────────┤

│ Less than 90° │ 4 │ 3 │ 6 or more but less than 8 │

│ ├───────┼──────┼──────────┤

│ │ 3 │ 2 │ 4 or more but less than 6 │

├──────────┼───────┼──────┼──────────┤

│ 90° or more but less than 120° │ 3 │ 2 │ 6 or more but less than 8 │

│ ├───────┼──────┼──────────┤

│ │ 2 │ 2 │ 4 or more but less than 6 │

└──────────┴───────┴──────┴──────────┘

(2) Pursuant to Article 46(2) of the Act, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may separately designate building lines within four meters in urban areas designated under Article 36(1)1 of the National Land Planning and Utilization Act. <Amended on Oct. 14, 2014>

(3) When the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to designate the building lines under paragraph (2), he or she shall publicly announce the details thereof in the public gazette of the relevant local government, daily newspapers, web-sites, etc. for at least 30 days in advance, and a person who has opinions on the details of the public announcement may submit (including submission by electronic documents) his or her opinions to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu within the period for such public announcement. <Amended on Oct. 14, 2014>

[This Article Wholly Amended on Oct. 29, 2008]

Article 32(Verification of structural safety) #

(1) To construct or substantially repair a building under Article 11(1) of the Act, the designer of the building shall verify its structural safety in accordance with the structural standards, etc. prescribed by Decree of the Ministry of Land, Infrastructure and Transport, pursuant to Article 48(2): <Amended on Jul. 16, 2009; Mar. 23, 2013; May 31, 2013; Nov. 28, 2014>

1. Deleted; <Nov. 28, 2014>

2. Deleted. <Nov. 28, 2014>

3. Deleted. <Nov. 28, 2014>

4. Deleted. <Nov. 28, 2014>

5. Deleted. <Nov. 28, 2014>

6. Deleted. <Nov. 28, 2014>

7. Deleted. <Nov. 28, 2014>

(2) The client of any of the following buildings among buildings, the structural safety of which has been verified pursuant to paragraph (1), shall receive the documents certifying the structural safety of the relevant building from the designer of such building, and shall submit such documents to the permitting authority when filing a report on the commencement of the construction works under Article 21 of the Act; provided, the same shall not apply to buildings constructed in conformity to the standard design documents: <Amended on Nov. 28, 2014; Sep. 22, 2015; Feb. 3, 2017; Oct. 24, 2017; Dec. 4, 2018; Dec. 17, 2024>

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 with a total floor area of at least 200 square meters (500 square meters for a wooden structure building); provided, excluded herefrom shall be warehouses, cattle sheds, and crop cultivation sheds;

3. A building at least 13 meters tall;

4. A building, the eaves of which are at least nine meters tall;

5. A building, the distance between pillars of which is at least 10 meters;

6. A building with great significance in terms of use and scale, which is prescribed by Decree of the Ministry of Land, Infrastructure and Transport;

7. A building prescribed by Decree of the Ministry of Land, Infrastructure and Transport, worth preserving as national cultural heritage;

8. A building under subparagraph 18 a,c, and d of Article 2;

9. A detached house referred to in subparagraph 1 of Appendix 1 and multi-family housing referred to in subparagraph 2 of that Appendix.

(3) Notwithstanding the main clause, with the exception of the subparagraphs, of paragraphs (1) and (2), where a building owner who extends or substantially repairs an existing building to improve the performance of fireproofing, waterproofing, insulation, etc. meets the following requirements, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, methods of verifying structural safety may be applied differently, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, in cases of subparagraph 5 of Article 3-2, subparagraph 1 may not apply. <Added on Dec. 17, 2024>

1. The main structural members shall not be changed;

2. Changes of structural load bearing capacity under Article 48(1) of the Act shall fall under minor changes prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(4) A client who intends to conduct construction works or substantial repair of an existing building pursuant to Article 6(1)6c, shall submit documents certifying the structural safety to the permitting authority when he or she requests the criteria to be applied leniently pursuant to Article 5(1) of the Act. <Added on Feb. 3, 2017; Dec. 17, 2024>

[This Article Wholly Amended on Oct. 29, 2008]

Article 34(Installation of direct stairs) #

(1) On each floor of a building, direct stairs leading to the refuge floor or the ground floor (including ramps; hereinafter the same shall apply) other than the refuge floor (referring to a floor having a doorway leading directly to the ground floor and the refuge area of a skyscraper under paragraphs (3) and (4); hereinafter the same shall apply) shall be installed so the walking distance from any point in the living room to the stairs (referring to one staircase nearest to the living room) does not exceed 30 meters; provided, in cases of a building main structural members of which (excluding a performance hall, assembly hall, auditorium and exhibition hall which are installed on underground floors and which have a total floor area exceeding 300 square meters) has a fire-resistant structure or are made of noncombustible materials, the walking distance shall not exceed 50 meters (or 40 meters for the 16th floor or above in cases of multi-family housing with at least 16 floors), and in cases of a factory prescribed by Decree of the Ministry of Land, Infrastructure and Transport, which is equipped with automatic fire extinguishers, such as sprinklers, in an automated production facility, the walking distance shall not exceed 75 meters (100 meters in cases of unmanned factories). <Amended on Jul. 16, 2009; Feb. 18, 2010; Dec. 30, 2011; Mar. 23, 2013; Aug. 6, 2019; Oct. 8, 2020>

(2) In a building in which any floor, other than the refuge floor, is for a use and in a scale falling under any of the following, at least two direct staircases leading to the refuge floor or to the ground floor shall be installed pursuant to Article 49(1) of the Act, in conformity to the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on Jul. 16, 2009; Mar. 23, 2013; Mar. 24, 2014; Sep. 22, 2015; Feb. 3, 2017>

1. A floor used for performance halls or religious assembly facilities among Class 2 neighborhood living facilities, or cultural and assembly facilities (excluding exhibition halls, and zoological and botanical gardens), or religious facilities or bar business among amusement facilities, or funeral facilities, the total floor area of which used for relevant purposes is at least 200 square meters (300 square meters in cases of performance halls and religious assembly facilities among Class 2 neighborhood living facilities);

2. A third or upper floor used for multi-user houses or multi-unit houses among detached houses, neuropsychiatric clinics (limited to those having patent rooms) among Class 1 neighborhood living facilities, Internet computer game facilities (applicable only where the total floor area used for the relevant purpose is at least 300 square meters) or private teaching institutes or reading rooms, sales facilities, and transportation facilities (limited to passenger facilities) among Class 2 neighborhood living facilities, medical facilities (excluding dental clinics having no inpatient rooms), private teaching institutes among education and research facilities, children-related facilities, welfare facilities for senior citizens, and residential homes for persons with disabilities (referring to the facilities prescribed by Decree of the Ministry of Land, Infrastructure and Transport among residential homes for persons with disabilities referred to in Article 58(1)1 of the Act on Welfare of Persons with Disabilities; hereinafter the same shall apply), medical rehabilitation facilities for persons with disabilities referred to in Article 58(1)4 of the Act on Welfare of Persons with Disabilities (hereinafter referred to as "medical rehabilitation facilities for persons with disabilities") among facilities for senior citizens and children, or youth hostels among training facilities, or lodging facilities, the total floor area of the living room on which used for relevant purposes is at least 200 square meters;

3. A floor used for multi-family housing (excluding those which have not more than four dwelling units on each floor) or officetels among business facilities, on which the total floor area of the living room on which used for relevant purposes is at least 300 square meters;

4. A third or upper floor not used for any of the purposes prescribed in subparagraphs 1 through 3, the total floor area of the living room on which is at least 400 square meters;

5. An underground floor the total floor area of the living room on which is at least 200 square meters.

(3) In each skyscraper, a refuge area (referring to a refuge area established on the middle floor of a building for the purpose of escape or safety; hereinafter the same shall apply) directly connected to the direct staircase leading to the refuge floor or the ground floor shall be established on a maximum of 30 floors each from the ground floor. <Added on Jul. 16, 2009; Dec. 30, 2011>

(4) In each quasi-skyscrapers, at least one refuge area directly connected to the direct staircase leading to the refuge floor or the ground floor shall be established on a floor located within five floors above and below the floor corresponding to a half of total number of floors of the building; provided, this shall not apply where direct staircases leading to the refuge floor or the ground floor are to be established in conformity to the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Dec. 30, 2011; Mar. 23, 2013>

(5) The size and criteria for the establishment of refuge areas under paragraphs (3) and (4) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Jul. 16, 2009; Dec. 30, 2011; Mar. 23, 2013>

[This Article Wholly Amended on Oct. 29, 2008]

Article 35(Installation of fire escape stairs) #

(1) Direct stairs installed on the fifth or upper floor or the second or lower underground floor pursuant to Article 49(1) of the Act, shall be installed as fire escape stairs or special escape stairs in accordance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, the same shall not apply where main structural members have a fire-resistant structure or are made of noncombustible materials and either of the following is applicable: <Amended on Oct. 29, 2008; Mar. 23, 2013>

1. Where the total floor area of the fifth or upper floor does not exceed 200 square meters;

2. Where a fire compartment is installed for every 200 or fewer square meters of floor area of the fifth or upper floor.

(2) Notwithstanding paragraph (1), direct stairs leading to the refuge floor or to the ground from the 11th (16th, in cases of multi-family housing) or upper floors (excluding floors with a floor area of less than 400 square meters) or from the third or lower underground floors (excluding floors with a floor area of less than 400 square meters) of a building (excluding side corridor-type multi-family housing) shall be installed as special escape stairs. <Amended on Oct. 29, 2008>

(3) At least one direct staircases installed on the floor used for sales facilities under paragraph (1) shall be special escape stairs. <Amended on Oct. 29, 2008>

(4) Deleted. <Dec. 30, 1995>

(5) On the fifth or upper floor used for exhibition halls, or zoological or botanical gardens among cultural and assembly facilities, sales facilities, transportation facilities (limited to passenger facilities), sports facilities, amusement facilities, tourist resting facilities (limited to those used by the general public), or training facilities in living zones among training facilities, on which the total floor area used for relevant purposes exceeds 2,000 square meters, one escape staircase or special escape staircase (limited to fire escape stairs or special escape stairs out of use on the fourth or lower floor), other than direct stairs installed under Article 34, shall be installed for every excess 2,000 square meters. <Amended on Oct. 29, 2008; Jul. 16, 2009>

(6) Deleted. <Apr. 30, 1999>

[Title Amended on Apr. 30, 1999]

Article 40(Installation of rooftop plaza) #

(1) A rail at least 1.2 meters high shall be installed around a rooftop plaza, balcony, etc. (referring to a balcony or others similar thereto) on the second or upper floor; provided, the same shall not apply in cases of structures not allowing access to such balcony, etc. <Amended on Sep. 4, 2018>

(2) Where the fifth or upper floor is used for performance halls, religious assembly facilities, and Internet computer game providing facilities (applicable only where the total floor area used for the relevant purpose is at least 300 square meters, respectively) among Class 2 neighborhood living facilities, cultural and assembly facilities (excluding exhibition halls, and zoological and botanical gardens), religious facilities, sales facilities, bar business among amusement facilities, or funeral facilities, a plaza which may be used for the purpose of escape shall be installed on the roof. <Amended on Mar. 24, 2014; Feb. 3, 2017>

(3) Any of the following buildings shall be equipped with an automatic emergency door opener and closer (referring to a device interworking with a fire-fighting system, which automatically releases the locked state in case of emergency such as fire) which has obtained performance certification under Article 40(1) of the Act on Installation and Management of Firefighting Systems and received a product inspection under paragraph (2) of that Article: <Added on Jan. 8, 2021; Nov. 29, 2022>

1. A building which requires the installation of a rooftop plaza which can be used for evacuation under paragraph (2);

2. The following buildings requiring the installation of a rooftop plaza which can be used for evacuation:

a. A public-use building;

b. A multi-family housing with a total floor area of at least 1,000 square meters.

(4) On the roof of a building which has at least 11 floors and the total floor area of the 11th and upper floors of which is not less than 10,000 square meters, the space as classified in the following shall be secured: <Amended on Jul. 16, 2009; Dec. 30, 2011; Jan. 8, 2021>

1. Where the roof of the building is a flat type: A space for installation of a heliport or for saving human lives, etc. by a helicopter;

2. Where the roof of the building is a sloping type: A refuge area installed beneath the sloping roof.

(5) The standards for securing the space for installation of a heliport or for saving human lives, etc. by a helicopter and for installation of the refuge area beneath a sloping roof under paragraph (4) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Dec. 30, 2011; Mar. 23, 2013; Jan. 8, 2021>

[This Article Wholly Amended on Oct. 29, 2008]

Article 41(Installation of passage necessary for escape and firefighting within sites) #

(1) Within the site of a building, a passage leading to a road or an open space (referring to a park, plaza and others similar thereto, which do not hinder access to the relevant site for the purpose of escape and firefighting; hereafter in this Article the same shall apply) from the main entrance leading to the outside of the building, and escape stairs leading to the ground floor and special escape stairs shall be installed in accordance with each of the following criteria: <Amended on Dec. 13, 2010; Sep. 22, 2015; May 17, 2016; Feb. 3, 2017>

1. The width of the passage shall be secured in compliance with the standards classified as follows:

a. Detached houses: The effective width shall be at least 0.9 meter;

b. Cultural and assembly facilities, religious facilities, medical facilities, amusement facilities, or funeral facilities which have a total floor area of at least 500 square meters: The effective width shall be at least three meters;

c. Buildings used for other purposes: The effective width shall be at least 1.5 meters;

2. Where the length of the passage inside a piloti is at least two meters, passage-protecting facilities, such as stakes for preventing entry of motor vehicles, shall be put up or different levels of steps shall be installed to prevent any hindrance to escape and firefighting.

(2) Notwithstanding paragraph (1), within a site where a public-use building, quasi-public-use building, and building with at least 11 floors is constructed, passages through which all the public-use building, quasi-public-use building, and building with at least 11 floors therein are accessible by fire engines under Article 21 (hereinafter referred to as "fire engines") of the Framework Act on Fire Services shall be installed; provided, this shall not apply where all the public-use building, quasi-public-use building, and building with at least 11 floors are constructed directly adjacent to roads or vacant lots where fire engines can get access, enabling the fire engines to engage in firefighting activities directly from such roads or vacant lots. <Added on Dec. 13, 2010; Dec. 30, 2011; Sep. 22, 2015>

[This Article Wholly Amended on Oct. 29, 2008]

Article 46(Installation of fire compartments) #

(1) In accordance with the main clause of Article 49(2) of the Act, a building, the main structural members of which are of a fire-resistant structure or non-combustible materials, with a total floor area exceeding 1,000 square meters, shall be partitioned with the following structures (hereinafter referred to as "fire compartment") in accordance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, the nuclear reactors and relevant facilities under subparagraphs 8 and 10 of Article 2 of the Nuclear Safety Act shall be governed by that Act: <Amended on Oct. 8, 2020; Apr. 29, 2022>

1. Fire-resistant floor and walls;

2. Fire doors or automatic fire shutters under Article 64(1)1 or 2 (which meet the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport; hereinafter the same shall apply).

(2) Paragraph (1) need not apply to part of any of the following buildings, or the provision therein may be relaxed for application to the extent not impeding its use: <Amended on Feb. 18, 2010; Feb. 3, 2017; Aug. 6, 2019; Oct. 8, 2020; Apr. 29, 2022; May 15, 2023>

1. An essential part of a living room used for cultural and assembly facilities (excluding zoological and botanical gardens), religious facilities, sports facilities, or funeral facilities to ensure an unobstructed line-of-sight and activity space;

2. An essential part for the installation of stationary large machinery or equipment necessary for manufacturing, processing, transportation, etc. of goods (excluding storage of goods); provided, in cases of the underground floor, it shall be limited to where pedestrians are allowed to pass through and cars are allowed to enter and exit, as the whole area of one side (referring to the side comprised of at least 1/4 of the area of exterior walls from the surface side of the underground floor to the side below the surface of the ground floor) of the exterior wall of the underground floor is open to outside areas;

3. The staircase and corridor, or the platform and shaft of the elevator, which are separated from other parts of the building by fire compartments; provided, the parts where pipes or the like pass through their floor shall be excluded herefrom;

4. Part of the top floor or refuge floor of a building, which is used for a large conference hall, lecture hall, sky-lounge, lobby, or refuge area, and essential for such purposes;

5. The floor between dwelling units on two different floors in duplex multi-family housing;

6. A parking lot, the main structural members of which have a fire-resistant structure or are made of noncombustible materials;

7. Buildings used for detached houses, animal- or plant-related facilities, or defense or military facilities among correctional and military facilities (limited to facilities used for assemblies, sports, warehouses, etc.);

8. Parts of the first floor and second floor of a building used for the same purpose are separated from the other parts of the building by fire compartments (limited to where the total floor area does not exceed 500 square meters).

(3) Where part of the main structural members of a building have a fire-resistant structure or paragraph (1) is applied leniently regarding part of a building pursuant to paragraph (2), such part with a fire-resistant structure or the part to which paragraph (1) has been applied leniently, shall be separated from the other parts by fire compartments. <Amended on Sep. 4, 2018>

(4) In cases of apartments among multi-family housing, in which each dwelling unit on the fourth or upper floor has no access to at least 2 direct staircases, at least 1 refuge area satisfying all of the following requirements shall be installed in the balcony (including cases where such area adjoins the exterior of the balcony), jointly with the neighboring dwelling units, or by each dwelling unit. In such cases, the refuge area installed jointly with the neighboring dwelling units, shall be preferentially installed in a place accessible to at least two direct staircases through the neighboring dwelling units: <Amended on Mar. 23, 2013; Oct. 8, 2020; Sep. 12, 2023; Jun. 18, 2024>

1. The refuge area shall have contact with the air outside;

2. The refuge area shall be separated from other indoor areas by fire compartments;

3. The floor area of the refuge area shall be at least three square meters if installed jointly with the neighboring dwelling units, and at least two square meters if installed by each dwelling unit;

4. The FD60+ fire doors under Article 64(1)1 shall be installed as a door to the refuge area;

5. The refuge area shall meet the criteria prescribed by the Minister of Land, Infrastructure and Transport.

(5) Notwithstanding paragraph (4), a refuge area need not be installed if any of the following structures or facilities is installed in the balcony (in cases of subparagraph 4, including cases where such structure or facility adjoins the exterior of the balcony) on the fourth or upper floor of an apartment building: <Amended on Feb. 18, 2010; Mar. 23, 2013; Aug. 27, 2014; Sep. 4, 2018; Aug. 10, 2021; Sep. 12, 2023>

1. Where the party wall installed on the balcony to separate from the neighboring dwelling units is an easily demolishable lightweight structure;

2. Where an emergency exit has been installed on the party wall of the balcony;

3. Where a top-down emergency exit prescribed by Decree of the Ministry of Land, Infrastructure and Transport has been installed on the floor of the balcony;

4. Where the balcony has a structure or facility recognized as having functions equivalent to or better than a refuge area referred to paragraph (4), as publicly notified by the Minister of Land, Infrastructure and Transport (hereafter in this subparagraph referred to as "alternative facility"). In such cases, the Minister of Land, Infrastructure and Transport shall publicly notify the performance of such alternate facility, subject to technical review from the Korea Institute of Civil Engineering and Building Technology established under Article 8(1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes.

(6) Any of the following facilities shall be installed at each floor, other than the refuge floors of convalescent hospitals, psychiatric hospitals, sanatoriums for senior citizens referred to in Article 34(1)1 of the Welfare of Older Persons Act (hereinafter referred to as "sanatoriums for senior citizens"), residential homes for persons with disabilities, and medical rehabilitation facilities for persons with disabilities: <Added on Sep. 22, 2015; Sep. 4, 2018>

1. A refuge area with separate fire compartments on each floor;

2. A balcony, etc. connected to the living room;

3. A ramp leading to the ground outside the building, or a connecting corridor or passage installed to allow people to escape to an adjacent building without using a staircase.

(7) "Building for which its use and scale are prescribed by Presidential Decree, such as a large-scale warehouse" in the proviso of Article 49(2) of the Act means a warehouse that has a part classified under paragraph (2)2 to which paragraph (1) is not applicable or is relaxed for application. <Added on Apr. 29, 2022>

[This Article Wholly Amended on Oct. 29, 2008]

[Title Amended on Sep. 22, 2011]

Article 47(Restrictions on uses impeding fire prevention) #

(1) Pursuant to the main clause of Article 49(2) of the Act, medical facilities, facilities for senior citizens and children (limited to children-related facilities and welfare facilities for senior citizens), multi-family housing, funeral facilities or Class 1 neighborhood living facilities (applicable only to postpartum care centers) shall not be installed in a building where amusement facilities, storage and treatment facilities for hazardous substances, factories or motor vehicle-related facilities (limited to repair shops) are installed; provided, the those facilities may be installed together in the same building in the following cases, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on Jul. 16, 2009; Mar. 23, 2013; Jan. 19, 2016; Jul. 19, 2016; Feb. 3, 2017; Feb. 9, 2018; Apr. 29, 2022>

1. Where multi-family housing (limited to a dormitory) and a factory are located in the same building;

2. Where a redevelopment project is implemented in a central commercial area, general commercial area, or neighboring commercial area designated under the Act on the Improvement of Urban Areas and Residential Environments;

3. Where multi-family housing and a recreational facility are located in the same skyscraper; provided, the doorway, stairs, and elevator of a house shall be structured detached to facilities, other than the house, for the purposes of protecting privacy, securing living security, such as preventing fire and crime, and protecting living environments from noise, offensive odor, etc.;

4. Where a knowledge industry center defined in subparagraph 13 of Article 2 of the Industrial Cluster Development and Factory Establishment Act and a workplace child-care center referred to in subparagraph 4 of Article 10 of the Infant Care Act are located in the same building.

(2) Pursuant to the main clause of Article 49(2) of the Act, a facility used for any of the following purposes shall not be installed together in the same building: <Amended on Jul. 16, 2009; Aug. 17, 2010; Dec. 12, 2012; Mar. 24, 2014; Apr. 29, 2022>

1. Children-related facilities or welfare facilities for senior citizens among facilities for senior citizens and children, and wholesale markets or retail markets among sales facilities;

2. Detached houses (limited to multi-user houses and multi-unit houses), multi-family housing, midwifery clinics or postpartum care centers among Class 1 neighborhood living facilities, and communal living facilities among Class 2 neighborhood living facilities.

[This Article Wholly Amended on Oct. 29, 2008]

Article 48(Installation of stairs, corridors and doorway) #

(1) Under the main clause of Article 49(2) of the Act, stairs and corridors to be installed in a building with a total floor area of not less than 200 square meters shall be installed in compliance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 29, 2022>

(2) Under the main clause of Article 49(2) of the Act, doorways of a building falling under any subparagraph of Article 39(1) shall be installed in compliance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 29, 2022>

(3) Notwithstanding paragraph (1), where an application for permission for change or a notification of change is filed in accordance with Article 16 of the Act to change the use of a living lodging facility among accommodation facilities to an officetel among business facilities, or where a report on modification of use is filed in accordance with Article 19 of the Act, and all of the following requirements are met, standards for installation of corridors may be differently applied, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Added on Apr. 15, 2025>

1. An application for building permission for the relevant living lodging facility shall have been filed on or before October 16, 2024 (including where an application for deliberation by a local building committee is filed with the Mayor/Do Governor or the head of a Si/Gun/Gu in accordance with Article 4-2(1) of the Act to apply for building permission);

2. The chief of the fire station having jurisdiction over the location of the relevant living lodging facility has acknowledged that safety has been assured following a review of fire risk and evacuation safety, as a result of the change of use to an officetel; in such cases, the Minister of Land, Infrastructure and Transport and the Fire Commissioner of the National Fire Agency shall jointly announce matters necessary for examining fire hazards and evacuation safety;

3. It shall undergo deliberation by a local building committee after obtaining approval from the chief of a fire station in accordance with subparagraph 2.

[This Article Wholly Amended on Oct. 29, 2008]

Article 51(Daylighting of living room) #

(1) Pursuant to the main clause of Article 49(2) of the Act, the living rooms of detached houses and multi-family housing, classrooms of schools among education and research facilities, inpatient rooms of medical facilities, or guest rooms of lodging facilities shall be installed with windows, etc. or equipment for daylighting and ventilation in compliance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 29, 2022>

(2) A living room (excluding a living room of a refuge floor) of each of the following buildings shall be equipped with smoke exhaust systems pursuant to the main clause of Article 49(2) of the Act: <Amended on Sep. 22, 2015; Feb. 3, 2017; Oct. 22, 2019; Oct. 8, 2020; Apr. 29, 2022>

1. Buildings of at least six floors each, which are used for the following uses:

a. Performance halls, religious assembly facilities, Internet computer game facilities, or communal living facilities (applicable only where the total floor area used for the performance halls, religious assembly facilities, or Internet computer game facilities is at least 300 square meters, respectively) among Class 2 neighborhood living facilities;

b. Cultural and assembly facilities;

c. Religious facilities;

d. Sales facilities;

e. Transportation facilities;

f. Medical facilities (excluding convalescent hospitals, and psychiatric hospitals);

g. Research institutes among education and research facilities;

h. Children-related facilities and welfare facilities for senior citizens among facilities for senior citizens and children (excluding sanatoriums for senior citizens);

i. Youth hostels among training facilities;

j. Sports facilities;

k. Business facilities;

l. Lodging facilities;

m. Amusement facilities;

n. Tourist resting facilities;

o. Funeral facilities;

2. Buildings used for the following uses:

a. Convalescent hospitals or psychiatric hospitals among medical facilities;

b. Sanatoriums for senior citizens, residential homes for persons with disabilities, and medical rehabilitation facilities for persons with disabilities among facilities for senior citizens and children.

c. Postnatal care centers among Class 1 neighborhood living facilities;

(3) Where an operable window is installed not more than 1.2 meters above the surface of the living room in an officetel pursuant to the main clause of Article 49(2) of the Act, a safety facility designed to prevent falling accidents shall be installed in compliance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Jul. 16, 2009; Mar. 23, 2013; Apr. 29, 2022>

(4) Pursuant to Article 49(3) of the Act, 11 or fewer stories of a building shall be equipped with a window through which a firefighter can enter and a mark visible from the outside day and night. Provided, That any of the following apartment buildings shall be excluded herefrom: <Amended on Oct. 22, 2019>

1. Apartment buildings with a refuge area, etc. under Article 46(4) and (5);

2. Apartment buildings with an emergency elevator installed pursuant to Article 15(2) of the Regulations on Standards for Housing Construction.

[This Article Wholly Amended on Oct. 29, 2008]

Article 53(Installation of partition walls) #

(1) Partition walls shall be installed in any of the following buildings in compliance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport, pursuant to Article 49(4) of the Act: <Amended on Aug. 17, 2010; Mar. 23, 2013; Mar. 24, 2014; Nov. 28, 2014; Sep. 22, 2015; Oct. 22, 2019; Oct. 8, 2020>

1. Partition walls (excluding balconies not used for a living room or bedroom pursuant to the latter part of subparagraph 14 of Article 2) between the units of multi-unit houses among detached houses, or between dwelling units in multi-family housing (excluding dormitories);

2. Partition walls between bedrooms of a dormitory among multi-family housing, between inpatient rooms of medical facilities, between classrooms of schools among education and research facilities, or between guest rooms of lodging facilities;

3. Any of the following partition walls of a postnatal care center among Class 1 neighborhood living facilities:

a. Partition walls between rooms of nursing mothers;

b. Partition walls between rooms of newborn babies;

c. Partition walls between rooms of nursing mothers and newborn babies;

4. Partition walls between rooms of communal living facilities among Class 2 neighborhood living facilities;

5. Partition walls between dwelling units of a welfare house for senior citizens under Article 32(1)3 of the Act on the Welfare of the Senior Citizens (hereinafter referred to as "welfare house for senior citizens"), among facilities for senior citizens or children;

6. Partition walls between rooms of a sanatorium for senior citizens among facilities for senior citizens and children.

(2) The floor (excluding the floor of a toilet) of any of the following buildings shall be installed in compliance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport, pursuant to Article 49(4) of the Act: <Added on Nov. 28, 2014; Aug. 11, 2016; Oct. 22, 2019>

1. Multi-unit houses among detached houses;

2. Multi-family housing (excluding houses subject to approval of the housing construction project plan under Article 15 of the Housing Act);

3. Officetels among business facilities;

4. Communal living facilities, among Class 2 neighborhood living facilities;

5. Communal living facilities among lodging facilities.

[This Article Wholly Amended on Oct. 29, 2008]

[Title Amended on Nov. 28, 2014]

Article 56(Fire-resistant structures of buildings) #

(1) Main structural members and roofs of any of the following buildings (limited to underground floors in cases of a building not exceeding two floors and falling under subparagraph 5) shall be of a fire-resistant structure pursuant to the main clause of Article 50(1) of the Act; provided, the same shall not apply to one-storied accessory buildings with a total floor area not exceeding 50 square meters which have fireproof exterior walls and fireproof bottom part of the eaves, and stage floors: <Amended on Jun. 30, 2009; Feb. 18, 2010; Aug. 17, 2010; Mar. 23, 2013; Mar. 24, 2014; Feb. 3, 2017; Aug. 6, 2019; Oct. 22, 2019; Jan. 5, 2021>

1. A building used for performance halls or religious assembly facilities (applicable only where the total floor area used for the relevant purpose is at least 300 square meters, respectively) among Class 2 neighborhood living facilities, cultural and assembly facilities (excluding exhibition halls, and zoological and botanical gardens), religious facilities, or bar business among amusement facilities or funeral facilities, in which the total floor area of auditorium or assembly rooms exceeds 200 square meters (in cases of an outdoor auditorium, 1,000 square meters);

2. A building used for exhibition halls or zoological and botanical gardens among cultural and assembly facilities, sales facilities, transportation facilities, gymnasiums or auditoriums established in education and research facilities or training facilities, gymnasiums and playgrounds among sports facilities, amusement facilities (excluding those used for bar business), warehouse facilities, storage and treatment facilities for hazardous substances, motor vehicle-related facilities, broadcasting stations, telegraph and telephone stations and movie studios among broadcasting and communication facilities, facilities for cremation and for animal cremation among graveyard-related facilities, or tourist resting facilities, in which the total floor area used for such purpose exceeds 500 square meters;

3. A building used for a factory in which the total floor area used for such purpose exceeds 2,000 square meters; provided, factories with low fire hazards and prescribed by Decree of the Ministry of Land, Infrastructure and Transport shall be excluded;

4. A building, the second floor of which is used for a multi-user house or multi-unit house among detached houses, multi-family housing, Class 1 neighborhood living facilities (limited to facilities used for medical purposes), communal living facilities among Class 2 neighborhood living facilities, medical facilities, children-related facilities and welfare facilities for senior citizens among facilities for senior citizens and children, youth hostels among training facilities, officetels among business facilities, lodging facilities or funeral facilities, and in which the total floor area used for such purpose exceeds 400 square meters;

5. A building with at least three floors and underground floors; provided, buildings used for detached houses (excluding multi-user houses and multi-unit houses), animal and plant-related facilities, power generating facilities (excluding facilities used for subsidiary uses of the power plant), correctional facilities and juvenile detention center, or graveyard-related facilities (excluding facilities for cremation and for animal cremation) and any extension of not exceeding a gross area of 50 square meters used for a control room among factories related to the steel industry shall be excluded.

(2) In cases of a building with a membrane structure, a fire-resistant structure may be required only for its main structural members under the proviso of Article 50(1) of the Act. <Amended on Oct. 22, 2019>

[This Article Wholly Amended on Oct. 29, 2008]

Article 61(Finishing materials for building) #

(1) "Building for the use and of the scale prescribed by Presidential Decree" in Article 52(1) of the Act means any of the following buildings; provided, excluded herefrom shall be a building falling under any of the subparagraphs (excluding subparagraph 8), the main structural member of which has a fire-resistant structure or are made of noncombustible materials, and which has a fire compartment at not greater than every 200 square meters of the floor area of the living room (referring to the floor area excluding the floor area in which sprinklers or similar automatic fire extinguishing equipment is installed; hereafter in this Article the same shall apply): <Amended on Jul. 16, 2009; Feb. 18, 2010; Dec. 13, 2010; Mar. 23, 2013; Mar. 24, 2014; Aug. 27, 2014; Oct. 14, 2014; Sep. 22, 2015; Feb. 3, 2017; Aug. 6, 2019; Oct. 8, 2020; Aug. 10, 2021; Jun. 18, 2024; Aug. 26, 2025>

1. A multi-user house or multi-unit house among detached houses;

1-2. Multi-family housing;

1-3. Medical clinic, dental clinic, Korean medicine clinic or midwifery clinic, among Class 1 neighborhood living facilities;

2. A building used for performance halls, religious assembly facilities, Internet computer game facilities, private teaching institutes, reading rooms, billiard halls, communal living facilities, and shared storage facilities among Class 2 neighborhood facilities;

3. Power generation facilities and broadcasting and communications facilities (limited to buildings used as broadcasting stations and movie studios);

4. Factories, storage facilities, and facilities for the storage and disposal of hazardous substances (including facilities used for self-heating, self-generation, or other similar purposes), and buildings used as facilities related to motor vehicles;

5. A building in which the total floor area of the living rooms on the fifth and upper floors is at least 500 square meters;

6. Cultural and assembly facilities, religious facilities, sales facilities, transportation facilities, medical facilities; schools and private teaching institutes out of education and research facilities; facilities for senior citizens and children, training facilities; officetels out of business facilities; lodging facilities, amusement facilities, and funeral facilities;

7. Deleted; <Aug. 10, 2021>

8. Buildings used for publicly-used businesses defined in Article 2 of the Enforcement Decree of the Special Act on the Safety Control of Publicly Used Establishments.

(2) "Buildings prescribed by Presidential Decree" in Article 52(2) of the Act, means the following: <Added on Dec. 13, 2010; Dec. 30, 2011; Mar. 23, 2013; Sep. 22, 2015; Aug. 6, 2019; Aug. 10, 2021>

1. Any of the following buildings located within a commercial area (excluding neighborhood commercial areas):

a. Buildings used for Class 1 neighborhood living facilities, Class 2 neighborhood living facilities, cultural and assembly facilities, religious facilities, sales facilities, sports facilities, and amusement facilities, in which the total floor area used for such purposes is at least 2,000 square meters;

b. Buildings located within six meters from any building used as a factory (excluding factories with low fire risk prescribed by Decree of the Ministry of Land, Infrastructure and Transport);

2. Buildings used as medical facilities, education and research facilities, facilities for senior citizens and children, or as training facilities;

3. Buildings with at least three floors or the height of which is least nine meters;

4. Buildings all or part of the first floor of which has a piloti structure and is used as a parking lot.

5. Buildings falling under paragraph (1)4.

(3) "Buildings whose use and scale is prescribed by Presidential Decree" in Article 52(4) of the Act means the buildings referred to in the subparagraphs of paragraph (2). <Added on May 4, 2021>

[This Article Wholly Amended on Oct. 29, 2008]

[Title Amended on May 4, 2021]

Article 61-3(Inspection on violations regarding manufacture and distribution of building materials and measures therefor) #

(1) Where any violation is identified through an inspection conducted under Article 52-3(2) of the Act, the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall notify the construction participants, manufacturer, and distributor of the violation pursuant to paragraph (3) of that Act, and may take the following measures against the relevant construction participants, manufacturer, and distributor: <Amended on Jan. 20, 2017; Oct. 22, 2019>

1. Measures to be taken against the construction participants:

a. Where any part has been constructed using the relevant building material: Issuing an order to correct the constructed portion, to suspend construction works of the relevant construction stage, and to suspend the use of the relevant building material;

b. Where the relevant building material is brought in, and kept at, the construction site: Issuing an order to suspend the use of the relevant building material;

2. Measures to be taken against the manufacturer and the distributor: Requesting the head of the related administrative agency to suspend the business of such manufacturer and distributor in accordance with the related statutes.

(2) Upon receipt of a notice of the violation under paragraph (1) or an order issued under subparagraph 1 of that paragraph, the construction participants, manufacturer, and distributor shall prepare and submit an action plan to the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu within seven days from the date of the receipt of such notice or order.

(3) Where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu deems that corrective measures have been taken in accordance with the action plan submitted under paragraph (2) (limited to the action plan prepared under an order issued under paragraph (1)1a), he or she shall cancel the order for suspension of construction works.

[This Article Added on Jul. 19, 2016]

[Moved from Article 18-3; previous article 61-3 moved to Article 63-2 <Oct. 22, 2019>]

Article 62(Quality control of building materials) #

(1) "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" in Article 52-4(1) of the Act means any of the following building materials: <Amended on Oct. 22, 2019; Oct. 8, 2020>

1. Composite materials under Article 52-4(1) of the Act;

2. Finishing materials used for the exterior walls of a building, which are insulation materials;

3. A fire door under Article 64(1)1 through 3;

4. Other fireproof-related building materials prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(2) A manufacturer of building materials referred to in Article 52-4(1) of the Act shall submit a quality control report (hereinafter referred to as "quality control report") to a distributor of building materials referred to in that paragraph; and the distributor shall deliver the quality control report to the project contractor after verifying whether the building materials are in accord with the quality control report. <Added on Oct. 22, 2019>

(3) Upon receipt of a quality control report under paragraph (2), the project contractor shall verify whether the building materials are in accord with the quality control report; and shall submit all quality control reports on materials used in the relevant building to the project supervisor. <Amended on Oct. 22, 2019>

(4) A project supervisor shall submit quality control reports submitted under paragraph (3) to the client as prescribed in Article 25(6) of the Act, accompanied by the report on the completion of construction supervision, and the client shall submit them to the permitting authority when he or she applies for approval for use of a building under Article 22 of the Act. <Amended on Oct. 22, 2019>

[This Article Added on Sep. 22, 2015]

[Title Amended on Oct. 22, 2019]

[Moved from Article 61-4 <Oct. 22, 2019>]

Article 81(Construction of party walls and connecting corridors) #

(1) "Area prescribed by Presidential Decree" in Article 59(1)1 of the Act, means any of the following areas: <Amended on Oct. 29, 2008; Dec. 12, 2012; Oct. 14, 2014; Sep. 22, 2015>

1. A commercial area (in cases of public-use buildings or multi-family housing, limited to those fitted with sprinklers or other similar automatic fire extinguishing systems);

2. A residential area (limited to where the building owner and the site owner has agreed on the construction of party walls);

3. A zone determined by the permitting authority by a building ordinance for preserving and promoting the cityscape and Hanoks;

4. A construction agreement zone.

(2) Deleted. <May 8, 2006>

(3) Party walls referred to in Article 59(1)1 of the Act, shall conform to the following standards: <Amended on Oct. 29, 2008; Oct. 14, 2014>

1. The main structural members shall have a fire-resistant structure;

2. Finishing materials shall be noncombustible;

(4) Where party walls are erected in the areas (excluding construction agreement zones) referred to in paragraph (1), matters necessary for the uses of buildings subject to party wall construction, number of buildings built with party walls, number of floors of buildings built with party walls, etc. shall be determined by a building ordinance. <Amended on Oct. 29, 2008; Oct. 14, 2014>

(5) "Standards prescribed by Presidential Decree" in Article 59(1)2 of the Act, means the following: <Amended on Oct. 29, 2008; Aug. 6, 2019>

1. The main structural members shall have a fire-resistant structure;

2. Finishing materials shall be noncombustible;

3. Windows of a size equivalent to at least 1/10 of the wall area shall be installed in an enclosed structure; provided, this shall not apply where ventilation facilities are installed on the underground floor;

4. Neither the width nor height shall exceed five meters, respectively; provided, if the permitting authority deems it necessary for ensuring smooth passage, considering the use, scale, etc. of the building, the standards may be applied leniently following deliberation by a local building committee;

5. Automatic fire shutters or fire doors shall be installed in parts connecting a building to its corridor or passage;

6. The total area of the site where a connecting corridor is installed, shall not exceed the maximum scale of development activities conducted under Article 55 of the Enforcement Decree of the National Land Planning and Utilization Act; provided, this shall not apply within district-unit planning zones.

(6) The safety of corridors or connecting passages referred to in Article 59(1)2 of the Act shall be verified by a certified architect or a building structural engineer. <Amended on Oct. 29, 2008; Jul. 16, 2009; May 17, 2016; Jul. 19, 2016>

[This Article Wholly Amended on Apr. 30, 1999]

Article 86(Limits on heights of buildings for solar access) #

(1) Where a building is constructed in an exclusive residential area or a general residential area, each part of the building shall be constructed by maintaining at least the distance determined by a building ordinance within the following applicable distance, due north from the boundary line of the adjoining site under Article 61(1) of the Act: <Amended on Jul. 6, 2015; Sep. 12, 2023>

1. Parts not exceeding 10 meters tall: At least 1.5 meters from the boundary line of the adjoining site;

2. Parts exceeding 10 meters tall: At least 1/2 of the height of each part of the building from the boundary line of the adjoining site.

(2) Paragraph (1) shall not apply to any of the following cases: <Added on Jul. 6, 2015; May 17, 2016; Jul. 19, 2016; Dec. 29, 2017>

1. Where buildings are constructed on both sites in any of the following zones, and the sites abut on a road, which is at least 20 meters wide (including a road for the exclusive use of motor vehicles, pedestrians, or bicycles; and where the road abuts on any public open space, a green belt, a plaza, or any other urban or Gun planning facility which does not degrade the aesthetics of the buildings, including such facilities):

a. A district-unit planning zone designated under Article 51 of the National Land Planning and Utilization Act, a scenic district referred to in Article 37(1)1 of that Act;

b. A focused landscape management area referred to in Article 9(1)4 of the Landscape Act;

(6) When supervising construction works for the structural safety of a building under Article 48 of the Act, a project supervisor of a piloti-type building with at least three floors shall obtain cooperation from a related specialized engineer specified in Article 67(1)1 through 3 of the Act whenever the construction works reach the stage specified in Article 18-2(2)3b. In such cases, the related specialized engineer may have an engineer under his or her jurisdiction, qualified as a special-grade or high-quality engineer specified in subparagraph 3d1) of Appendix 1 of the Enforcement Decree of the Construction Technology Promotion Act, supervise the construction works. <Added on Dec. 4, 2018>

d. Other zones designated and publicly announced by the permitting authority to improve the cityscape;

2. Where buildings are constructed on both sites within a construction agreement zone (applicable only to where a construction agreement concluded under Article 77-4(1) of the Act stipulates that buildings shall be constructed a specific distance apart);

3. Where the adjoining site due north of the site on which buildings stand belongs to a specific-use area, other than an exclusive residential area or a general residential area.

(3) Multi-family housing shall satisfy the following criteria pursuant to Article 61(2) of the Act; provided, subparagraph 1 shall not apply to any multi-household house with a horizontal distance prescribed by a building ordinance, within at least 1 meter perpendicularly from the wall on which windows, etc. for daylighting are installed, to the boundary of the adjoining site: <Amended on Jul. 16, 2009; May 31, 2013; Jul. 6, 2015; Nov. 2, 2021; Jun. 18, 2024>

1. The height of each part of a building (excluding dormitories) shall not exceed two times (four times in cases of a building within a neighboring commercial area or semi-residential area) the distance perpendicularly from the wall of the relevant part, on which windows, etc. for daylighting are installed, to the boundary of the adjoining site;

2. Where at least two buildings stand on the same site, facing each other (including where respective parts of one building face one another), at least the following distances shall be maintained between the respective parts of the buildings; provided, such distances shall allow all dwelling units in the site to have solar access for at least two consecutive hours during the period from 9 a.m. to 3 p.m. on the day of the winter solstice:

a. At least the distance determined by a building ordinance within at least 0.5 times (0.25 times in cases of urban-type residential housing) the height of each part of buildings perpendicularly from the wall on which windows, etc. for daylighting are installed;

b. Notwithstanding item a, where among buildings facing each other, the main opening (referring to the opening of the part where the living room and main bedroom are located) of the higher building (limited to where the direction of the axis of two buildings facing each other, is between due east and due west in a clockwise direction centered at the higher building) faces the lower building, at least the distance determined by a building ordinance, or at least 10 meters, within at least 0.5 times (0.25 times in cases of urban-type residential housing) the height of each part of the lower building and within at least 10 meters;

c. Notwithstanding item a, where a building faces its incidental facilities or welfare facilities, at least one times the height of each part in such incidental facilities or welfare facilities;

d. Where the surface of a wall without a daylight window (referring to windows at least 0.5 square meters wide) and a side wall face each other, at least eight meters;

e. Where a side wall faces another side wall (including where a balcony (including openings for entry) with a floor area of not more than three square meters and without a window for daylighting is installed on one of the side walls facing each other), at least four meters;

3. Subparagraph 2a through c shall not apply where at least 2 buildings face each other across a road under Article 2(1)11 of the Act in a housing complex, on condition that subparagraph 1 applies to such cases, deeming the centerline of the relevant road to be the boundary of the adjoining site.

(4) "Height prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 61(3) of the Act means the height determined and publicly notified by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within the height limits referred to in paragraph (1). <Amended on Oct. 14, 2014; Jul. 6, 2015>

(5) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall hear the opinions of relevant residents, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport before he or she publicly notifies the heights of buildings under paragraph (4); provided, this shall not apply to areas provided in any of Article 61(3)1 through 6 of the Act, which have deliberated upon by the building committee. <Amended on Mar. 23, 2013; Oct. 14, 2014; May 17, 2016>

(6) For purposes of paragraphs (1) through (5), if any of the following facilities or sites exists between a site on which a building is to be constructed and another site, the boundary of the site on the opposite side (in cases of multi-family housing, the centerline of the boundary of the adjoining site and the boundary of the site on the opposite side) shall be deemed the boundary of the adjoining site: <Amended on Jul. 16, 2009; Nov. 11, 2014; Jul. 6, 2015; May 17, 2016; Nov. 2, 2021>

1. A park (excluding any park determined by the permitting authority, after deliberation by the local building committee, to have solar access, among urban parks as defined in subparagraph 3 of Article 2 of Act on Urban Parks and Green Areas), a road, a railway, a river, a plaza, a public open area, a green belt, a retarding basin, a road for the exclusive use of motor vehicles, and an amusement park;

2. The following sites (limited to those where no building exists):

a. A site up to two meters wide (referring to the shortest distance from the boundary line of the site);

b. A site not exceeding the limits on partition of sites provided in the subparagraphs of Article 80;

3. An open area in which construction is prohibited, other than a site referred to in subparagraph 1 or 2.

(7) For purposes of paragraphs (1) through (5), if any facility or site specified in the subparagraphs of paragraph (6) exists on a site where a building (limited to multi-family housing) is to be constructed, the centerline of the boundary of the relevant site facing such facility or site specified in the subparagraphs of paragraph (6) may be determined as the boundary of the adjoining site, subject to deliberation by the local building committee. <Added on Sep. 4, 2018>

[This Article Wholly Amended on Oct. 29, 2008]

Article 87(Principles of installation of building service) #

(1) Building service shall be installed not to hinder the safety, fire prevention, hygiene, and rational use of energy, information and communications of a building, and to facilitate easy maintenance and management of building service by making the cross-sectional area and access holes for repairing piping pits and ducts to ensure ready maintenance and repair of the relevant equipment.

(2) Technical standards applicable to building service, such as water supply, drainage, cooling, heating, ventilation, and lightning arresters installed in a building, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and the technical standards for building service related to rational energy use shall be determined upon consultation with the Minister of Climate, Energy and Environment. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(3) Facilities and equipment to be installed in every building for persons with disabilities shall comply with detailed standard designs of amenities prepared and distributed under Article 14 of the Act on Guarantee of Convenience Promotion of Persons with Disabilities, Older Persons, and Pregnant Women and Nursing Mothers <Amended on Dec. 12, 2012>

(4) A master antenna, cable broadcasting reception equipment, satellite broadcasting reception equipment, FM radio reception equipment, or joint reception equipment for media broadcasts may be installed in buildings for the smooth reception of media broadcasts; provided, the joint reception equipment for media broadcasts shall be installed in the following buildings: <Amended on Jul. 16, 2009; Dec. 12, 2012>

1. Multi-family housing;

2. A building with a total floor area of at least 5,000 square meters, used for a business facility or lodging facility.

(5) Standards for the installation of the broadcasting reception equipment under paragraph (4) shall be determined and publicly notified by the Korea Media and Communications Commission. <Added on Jul. 16, 2009; Mar. 23, 2013; Jul. 26, 2017; Oct. 1, 2025>

(6) An area available for installing electric equipment necessary for supplying electric power by an electric utility business operator as defined in subparagraph 2 of Article 2 of the Electric Utility Act shall be secured in the site of a building with a total floor area of at least 500 square meters, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Jul. 16, 2009; Mar. 23, 2013>

(7) Each local government may prescribe the following matters by its ordinance to prevent damage from sea breeze, salt, etc. such as early corrosion of materials and machinery equipment of a building, for an area in which such damage is likely to occur: <Added on Feb. 18, 2010>

1. Design standards for durability against sea breeze, salt, etc.;

2. Allowance standards for durability against sea breeze, salt, etc.;

3. Other matters necessary to prevent damage from sea breeze, salt, etc.

(8) Mailboxes installed in buildings shall meet the standards referred to in Article 37-2 of the Postal Service Act. <Added on Oct. 14, 2014>

[This Article Wholly Amended on Oct. 29, 2008]

Article 91-3(Cooperation with relevant specialized engineers) #

(1) The designer of any of the following buildings shall seek cooperation from a building structural engineer in verifying the structural safety of the relevant building pursuant to Article 32(1): <Amended on Jul. 16, 2009; Mar. 23, 2013; May 31, 2013; Nov. 28, 2014; Sep. 22, 2015; Dec. 4, 2018>

1. A building with at least six floors;

2. A building of unique structures;

3. A public-use building;

4. A quasi-public-use building;

5. A piloti-type building with at least three floors;

6. A building prescribed by Decree of the Ministry of Land, Infrastructure and Transport, among buildings referred to in Article 32(2)6.

(2) Each person who installs building service in a building with a total floor area of at least 10,000 square meters (excluding warehouse facilities) or in a building prescribed by Decree of the Ministry of Land, Infrastructure and Transport which consumes a large amount of energy, shall seek cooperation from the relevant specialized engineers, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, according to the following classification: <Amended on Jul. 16, 2009; Mar. 23, 2013; May 17, 2016; May 2, 2017>

1. Electricity, elevators (limited to electricity), and lightning rods: Professional engineers in building electric equipment or professional engineers in electric power generation, transmission, and distribution, registered under the Professional Engineers Act;

2. Facilities for water supply, water distribution, drainage, ventilation, heating, fire extinguishing, and smoke exhaust, filth-treating equipment, and elevators (limited to machinery): Professional engineers in building mechanical facilities or professional engineers in air-conditioning and refrigerating machinery, registered under the Professional Engineers Act;

3. Gas facilities: Professional engineers in building mechanical facilities, professional engineers in air-conditioning and refrigerating machinery, or professional gas engineers, registered under the Professional Engineers Act.

(3) The designer and the project supervisor of a building which requires land excavation works in a depth of at least 10 meters or construction of retaining walls, etc. at least 5 meters tall, shall seek cooperation from professional engineers in civil engineering structures, professional engineers in soil mechanics foundation, professional engineers in geology and geotechnics, or professional engineers in civil engineering execution registered pursuant to the Professional Engineers Act about the land excavation works, etc., as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Jul. 16, 2009; Dec. 13, 2010; Mar. 23, 2013; May 17, 2016; Dec. 17, 2024>

(4) Every designer and project supervisor shall seek cooperation from the relevant specialized engineers, where deemed necessary for safety reasons, where required by relevant statutes or regulations, or where requested by the client pursuant to the contract for design service or supervision contract.

(5) Every project supervisor of a building of unique structures or a high-rise building shall seek cooperation from a building structural engineer whenever the building reaches the construction stages provided for in each item of Article 19(3)1 and 2. <Amended on Nov. 28, 2014; May 17, 2016>

(7) Every relevant specialized engineer who has cooperated with a certified architect or a project supervisor under paragraphs (1) through (6), shall verify the construction site and affix his or her name and seal to the design documents, or progress supervision report and final supervision report prepared thereby, together with the designer or project supervisor. <Amended on Jul. 16, 2009; May 31, 2013; Nov. 28, 2014; Dec. 4, 2018>

(8) Every building structural engineer who has cooperated with a designer in verifying structural safety under Article 32(1), shall affix his or her name and seal to the structure-related documents, including the structural drawing of the building, together with the designer after verifying structural safety in accordance with the standards determined and publicly notified by the Minister of Land, Infrastructure and Transport, together with the designer. <Added on Jul. 16, 2009; May 31, 2013; Nov. 28, 2014; Dec. 4, 2018; Dec. 17, 2024>

(9) "Period prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 67(1) of the Act means two years. <Added on Jul. 19, 2016; Dec. 4, 2018>

[This Article Wholly Amended on Oct. 29, 2008]

Article 105(Designation of special building zones) #

(1) "Project zone prescribed by Presidential Decree" in Article 69(1)1b of the Act, means any of the following: <Amended on Apr. 21, 2009; Jul. 30, 2009; Dec. 12, 2012; Apr. 29, 2014; Jul. 28, 2014; Oct. 14, 2014; Dec. 28, 2015; Feb. 27, 2018>

1. Project zone for the Administrative City designated under the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-up Measures for New Administrative Capital;

2. Project zone for innovation cities designated under the Special Act on the Construction and Development of Innovation Cities;

3. Free economic zone designated under Article 4 of the Special Act on Designation and Management of Free Economic Zones;

4. Project zone for housing site development designated under the Housing Site Development Promotion Act;

5. Public housing zone as defined in subparagraph 2 of Article 2 of the Special Act on Public Housing;

6. Deleted; <Oct. 14, 2014>

7. Urban development zone designated under the Urban Development Act;

8. Deleted; <Oct. 14, 2014>

9. Deleted; <Oct. 14, 2014>

10. Project zone for constructing the National Center for Asian Culture under the Special Act on the Development of Asian Cultural Hub City;

11. Special planning zone for creative development by means of design competition, etc. among district-unit planning zones designated under Article 51 of the National Land Planning and Utilization Act;

12. Deleted; <Oct. 14, 2014>

13. Deleted. <Oct. 14, 2014>

(2) "Project zone prescribed by Presidential Decree" in Article 69(1)2b of the Act, means any of the following: <Added on Oct. 14, 2014>

1. Free economic zone designated under Article 4 of the Special Act on Designation and Management of Free Economic Zones;

2. Project zone for housing site development designated under the Housing Site Development Promotion Act;

3. Rearrangement zone designated under the Act on the Improvement of Urban Areas and Residential Environments;

4. Urban development zone designated under the Urban Development Act;

5. Renewal promotion zone designated under the Special Act on the Promotion of Urban Renewal;

6. Project zone for a free international city designated under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;

7. Special planning zone for creative development by means of design competition, etc. among district-unit planning zones designated under Article 51 of the National Land Planning and Utilization Act;

8. Tourist attraction, tourism complex, or special tourist zone designated under Articles 52 and 70 of the Tourism Promotion Act;

9. Cultural zone designated under Article 18 of the Regional Culture Promotion Act.

(3) "City or area prescribed by Presidential Decree" in Article 69(1)2c of the Act, means any of the following: <Amended on Dec. 13, 2010; Jun. 29, 2011; Mar. 23, 2013; Oct. 14, 2014>

1. Deleted. <Oct. 14, 2014>

2. Area where buildings or spatial environments prescribed by Decree of the Ministry of Land, Infrastructure and Transport are created to promote an architectural culture;

2-2. Area that fully meets the following requirements, as it is necessary to promote the multiple use of land combining various functions, such as residence, commerce, and business, therein:

a. It shall be within an urban district;

b. It shall be necessary to lift restrictions on construction within a specific use area designated under Article 71 of the Enforcement Decree of the National Land Planning and Utilization Act;

3. Other cities or areas deemed necessary by a Mayor/Do Governor to be designated as a special building zone to create a cityscape, and to improve construction technologies and construction-related systems.

[This Article Wholly Amended on Oct. 29, 2008]

Article 107(Procedures for designation of special building zones) #

(1) The details of each urban/Gun management plan referred to in Article 71(1)4 of the Act shall be as follows: <Amended on Apr. 10, 2012>

1. Matters concerning specific-use areas, specific-use districts, and specific-use zones designated under Articles 36 through 38, 38-2, 39, and 40 of the National Land Planning and Utilization Act, and Articles 30 through 32 of the Enforcement Decree of that Act;

2. Matters concerning the status of urban/Gun planning facilities determined and installed in accordance with the urban/Gun management plan prepared under Article 43 of the National Land Planning and Utilization Act, and matters concerning the new installment and change of urban/Gun planning facilities;

3. Matters concerning the designation of district-unit planning zones, details of district unit plans, formulation and change of district unit plans, etc. under Articles 50 through 52 of the National Land Planning and Utilization Act, and Articles 43 through 47 of the Enforcement Decree of that Act.

(2) "Matters prescribed by Presidential Decree" in Article 71(1)7 of the Act, means the following: <Amended on Dec. 13, 2010; Apr. 10, 2012; Oct. 14, 2014>

1. Matters concerning urban/Gun planning facilities determined and installed in accordance with the urban/Gun management plan under Article 43 of the National Land Planning and Utilization Act in areas adjacent to special building zones;

2. Matters concerning the designation of district-unit planning zones in areas adjacent to special building zones and details of such district unit planning;

2-2. Matters concerning the reflection of standards for architectural design under Article 21 of the Framework Act on Building;

3. Where a private expert has been commissioned under Article 23 of the Framework Act on Building, matters thereabout;

4. Matters concerning the multiple use of land under Article 105(3)2-2 (limited to applications for designation of an area referred to in Article 105(3)2-2).

(3) Upon the designation of a special building zone or revision or cancellation of such designation pursuant to Article 71(7) of the Act, the Minister of Land, Infrastructure and Transport, or a Mayor/Do Governor shall promptly publicly notify the following matters in the Official Gazette (in the public gazette in cases of a Mayor/Do Governor): <Amended on Apr. 10, 2012; Mar. 23, 2013; Oct. 14, 2014; Jan. 8, 2021>

1. Purposes of such designation, revision, or cancellation;

2. Location, scope, and area of the special building zone;

3. Major details about the scale, use, etc. of buildings in the special building zone;

4. Matters concerning the method of placing orders, such as building design, construction supervision, and execution of construction;

5. Matters concerning the new establishment of urban/Gun planning facilities, and the change thereof, the formulation and amendment of district unit plans;

6. Other matters deemed necessary by the Minister of Land, Infrastructure and Transport, or the Mayor/Do Governor.

(4) Where an applicant for designation of a special building zone intends to apply for revising such designation of a special building zone under Article 71(9) of the Act, as any of the following is applicable, it shall file an application for revised designation with the Minister of Land, Infrastructure and Transport, the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor with materials prescribed by Decree of the Ministry of Land, Infrastructure and Transport. In such cases, Article 71(4) and (5) of the Act shall apply mutatis mutandis to the revised designation of special building zones: <Amended on Apr. 10, 2012; Mar. 23, 2013; Oct. 14, 2014; Jan. 8, 2021>

1. Where the area of a special building zone increases or decreases by at least 1/10(1/20 where the area of a special building zone is less than 100,000 square meters);

2. Where the matters concerning the urban/Gun management plan of a special building zone are revised;

3. Where the method of placing orders, such as building design, construction supervision, and execution of construction, is revised;

4. Other cases prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as revising the purpose of designating the special building zone.

(5) Except as provided in paragraphs (1) through (4), further details necessary for designating special building zones shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Oct. 29, 2008]

Article 107-2(Procedures for recommending designation of special building zones) #

(1) Any person who intends to propose the designation of a special building zone pursuant to Article 71(2) of the Act may seek opinions from the head of a Si/Gun/Gu while presenting data listed in paragraph (1) of that Article.

(2) Upon receipt of a request for his or her opinion pursuant to paragraph (1), the head of a Si/Gun/Gu shall review the necessity to designate a special building zone, feasibility, public nature, etc. and any matter regarding evacuation, disaster prevention, etc. and shall notify the relevant applicant of his or her opinion. In such cases, a civilian expert commissioned by the head of a Si/Gun/Gu may be consulted on under Article 23 of the Framework Act on Building.

(3) A person who intends to propose the designation of a special building zone pursuant to Article 71(2) of the Act shall obtain written consent from any of the following persons before proposing the designation to the Mayor/Do Governor. In such cases, the method of written consent of the landowner shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport:

1. An owner of land corresponding to at least 2/3 of the area of land subject to entrustment (excluding the area of State-owned or public land);

2. The property management authority of State-owned or public land (limited to cases where State-owned or public land is included therein).

(4) A person who intends to propose the designation of a special building zone pursuant to Article 71(2) of the Act shall submit the following documents to the competent Mayor/Do Governor:

1. Data referred to in the subparagraphs of Article 71(1) of the Act;

2. Opinions of the head of a Si/Gun/Gu pursuant to paragraph (2) (limited to where opinions are requested);

3. Written consent of the landowner and the property management authority under paragraph (3).

(5) The Mayor/Do Governor shall determine whether to designate a special building zone after reviewing the necessity, feasibility, public nature, etc. of the designation of the special building zone, matters including evacuation and disaster prevention within 45 days from the date of receipt of the documents under paragraph (4). In such cases, it shall be deliberated on by a building committee established by the relevant Mayor/Do Governor after hearing opinions of the head of the competent Si/Gun/Gu (excluding where a written opinion prescribed in paragraph (4)2 is received).

(6) The Mayor/Do Governor shall notify the person who proposed the designation of a special building zone of the results thereof within 14 days from the date he or she determines whether to grant the designation under paragraph (5).

(7) Paragraphs (1) through (6) shall apply mutatis mutandis to a proposal for revised designation of a special building zone designated pursuant to paragraph (5).

(8) Except as provided in paragraphs (1) through (7), details necessary for designating a special building zone shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.

[This Article Added on Jan. 8, 2021]

Article 110-7(Special cases concerning construction agreements) #

(1) Pursuant to Article 77-13(6) of the Act, Articles 42, 55, 56, 60, and 61 of the Act may be relaxed to apply them to a building to be constructed in a construction agreement zones, according to the following classification: <Amended on Jun. 18, 2024>

1. Landscaping area of a site prescribed in Article 42 of the Act: Limiting to a construction agreement zone where landscaping of sites is to be conducted en bloc adjoining a road, it may be relaxed within the limit of 20/100 of the standard landscaping area applicable to the relevant area;

2. Building-to-land ratio under Article 55 of the Act: It may be relaxed within the limit of 20/100 of the building-to-land ratio applicable to the relevant area. In such cases, the relaxed building-to-land ratio shall not exceed the maximum limits on the building-to-land ratios under Article 84 of the Enforcement Decree of the National Land Planning and Utilization Act;

3. Floor area ratio under Article 56 of the Act: It may be relaxed within the limit of 20/100 of the floor area ratio applicable to the relevant area. In such cases, the relaxed floor area ratio shall not exceed the maximum limits on the floor area under Article 85 of the Enforcement Decree of the National Land Planning and Utilization Act;

4. Limits on heights prescribed in Article 60 of the Act: Limiting to a construction agreement zone adjoining a road at least six meters wide, it may be relaxed within the limit of 20/100 of the height standard applicable to the relevant building;

5. Limits on heights of buildings for solar access, etc. prescribed in Article 61 of the Act: Limiting to multi-family housing to be constructed on both sites within a construction agreement zone, it may be relaxed within the limit of 20/100 of the standard prescribed in Article 86(3)1.

(2) Where the permitting authority intends to conduct consolidated deliberation of the building committee under Article 4 of the Act and the local urban planning committee under Article 113 of the National Land Planning and Utilization Act pursuant to the proviso of Article 77-13(6) of the Act, it shall organize a consolidated deliberative committee (hereinafter referred to as a "consolidated deliberative committee") in compliance with the following standards:

1. Members of the consolidated deliberative committee shall be appointed or commissioned by the Mayor/Do Governor or the head of the Si/Gun/Gu from among members of the building committee under Article 4 of the Act and the local urban planning committee under Article 113 of the National Land Planning and Utilization Act;

2. Number of members of the consolidated deliberative committee shall not exceed 15 persons;

3. Number of members of the building committee under Article 4 of the Act shall be at least 1/2 of the number of members of the consolidated deliberative committee;

4. The chairperson of the consolidated deliberative committee shall be appointed or commissioned by the Mayor/Do Governor or the head of the Si/Gun/Gu from among the members of the consolidated deliberative committee.

(3) The consolidated deliberative committee organized under paragraph (2) shall examine the following matters:

1. Status of land use of the relevant site, and the adequacy of the floor area ratio to be relaxed;

2. Effects of the floor area ratio relaxed by the construction agreement on the surrounding scenery and environment.

[This Article Added on Jul. 19, 2016]

Article 111(Areas eligible for combined construction) #

(1) "Two sites located in any of the following areas ... within the scope prescribed by Presidential Decree" in the provision, with the exception of its subparagraphs, of Article 77-15(1) of the Act means two sites meeting all of the following requirements: <Amended on Oct. 22, 2019; Jan. 8, 2021>

1. Both of the two sites shall belong to the same area among the areas referred to in Article 77-15(1) of the Act;

2. Both of the two sites shall be located within a district surrounded by roads that are at least 12 meters wide. In such cases, there shall be no smaller area surrounded by roads that are at least 12 meters wide within such district.

(2) "Areas prescribed by Presidential Decree" in Article 77-15(1)4 of the Act means the following areas: <Amended on Oct. 22, 2019>

1. A construction agreement zone;

2. A special building zone;

3. A remodeling promotion zone;

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. An area for promotion of architectural assets designated under Article 17(1) of the Act on Value Enhancement of Hanok and Other Architectural Assets.

(3) "At least three sites ... within the scope prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 77-15(2) of the Act means at least three sites that meet all of the following requirements: <Added on Jan. 8, 2021>

1. All of the sites shall belong to the same area among the areas referred to in Article 77-15(1) of the Act;

2. The shortest distance between all building sites shall be 500 meters.

(4) "Facility prescribed by Presidential Decree, such as a park or a square" in Article 77-15(2)2 of the Act means any of the following facilities: <Added on Jan. 8, 2021>

1. Community facilities, such as parks, green areas, squares, gardens, vacant lots, parking lots, and playgrounds;

2. Other facilities prescribed by a building ordinance, which are similar to the facilities referred to in subparagraph 1.

(5) "Building prescribed by Presidential Decree" in Article 77-15(2)3 of the Act means the following: <Added on Jan. 8, 2021>

1. Community facilities, such as a community center, a community workshop, a village library and a child care center;

2. Private rental housing defined in subparagraph 1 of Article 2 of the Special Act on Private Rental Housing among multi-family housing;

3. Any building similar to a building referred to in subparagraphs 1 and 2.

[This Article Added on Jul. 19, 2016]

Article 113(Measures for illegal or improper deliberation by building committee) #

(1) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor deems that the method of deliberation by the building committee or the results thereof violate the Act, any order or disposition issued under the Act, or municipal ordinance (hereafter in this Article referred to as "building-related statutes and regulations, etc.") or are unreasonable, after conducting an investigation and hearing opinions under Article 112, he or she may issue a corrective order to the Mayor/Do Governor or the head of the Si/Gun/Gu, as classified below:

1. Where it has deliberated on a building not subject to deliberation or where the details of deliberation violate building-related statutes: Cancellation of the results of deliberation;

2. Where it is deemed that particularly excessive criteria have been applied or terms and conditions that are impracticable to implement have been suggested, in consideration of the status of deliberation and conditions for construction, although such is not a violation of building-related statutes: Adjustment of the results of deliberation or re-deliberation;

3. Where the deliberation process is deemed to have a problem: Re-deliberation;

4. Where deliberation has been conducted without giving notice of the deliberation to the construction participants, or where it is deemed that there has been an excessive request for drawings and documents beyond the scope prescribed by building-related statutes and regulations, etc.: Recommendation for the improvement of process and standards for deliberation.

(2) In receipt of a corrective order under paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu shall comply with the corrective order, unless a compelling reason not to do so exists. In such cases, the Mayor/Do Governor or the head of a Si/Gun/Gu subject to an order for re-deliberation under paragraph (1)2 or 3 shall hold deliberation of the building committee within 15 days of the receipt of such order.

(3) Where a Mayor/Do Governor or the head of a Si/Gun/Gu is dissatisfied with a corrective order issued under paragraph (1), he or she may file an objection with the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor, following deliberation by a local building committee comprised of the members who have participated in the relevant deliberation.

(4) In receipt of an objection filed under paragraph (3), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall conduct a reinvestigation under Article 112 and notify the Mayor/Do Governor or the head of the Si/Gun/Gu of the results thereof.

[This Article Added on Jul. 19, 2016]

Article 115-4(Reductions of charges for compelling compliance) #

(1) "Cases prescribed by Presidential Decree" in Article 80-2(1)2 of the Act means any of the following circumstances: <Amended on Sep. 4, 2018; Jun. 18, 2024>

1. Where the ownership is changed after the violation;

2. Where exceptional circumstances are deemed existent, such as where it is impracticable to correct the violation during the lease period due to the existence of a lessee (excluding where a lease contract had already been concluded before the first corrective order was issued under Article 79(1) of the Act, but the lease contract is terminated or renewed);

3. Where the area of the non-compliant part does not exceed 30 square meters (limited to buildings referred to in subparagraphs 1 through 4 of Appendix 1, and excluding condominium buildings subject to the Act on Ownership and Management of Condominium Buildings);

4. Where the area of the non-compliant part by a sectional owner of a condominium building subject to the Act on Ownership and Management of Condominium Buildings does not exceed five square meters (limited to buildings referred to in subparagraphs 2 through 4 of Appendix 1);

5. A violation existed as at the time approval for use is granted under Article 22 of the Act, but is confirmed after granting such approval for use;

6. Where the non-compliant facility is a waste-generating facility (including disposal facilities), for the installation of which, a person intends to obtain permission or permission for change, or to file a notification or notification of change pursuant to Article 11 of the Act on the Management and Use of Livestock Excreta within the period (referring to the period prescribed by Decree of the Ministry of Environment pursuant to paragraph (3) of that Article, if the scale of the facility is less than that prescribed by Decree of the Ministry of Environment pursuant to paragraph (3) of that Article) prescribed in the subparagraphs of Article 9(1) of the Addenda to the partially amended Act on the Management and Use of Livestock Excreta (Act No. 12516) under Article 9 of that Addenda;

6-2. Where the non-compliant facility is a waste-generating facility (excluding dog-raising facilities; but including treatment facilities), for which an application for permission or a report has been filed by the deadline specified in Article 10-2(1) of the Addenda to the partially amended Act on the Management and Use of Livestock Excreta (Act No. 12516) under that Article of that Addenda, as prescribed by the Minister of Environment, pursuant to that Article;

7. Other cases prescribed by a building ordinance in which charges for compelling compliance need to be reduced, considering the severity, cause of a violation, effects on the public, etc.

(2) "Ratio ... <omitted> ... prescribed by Presidential Decree" in Article 80-2(1)2 of the Act, means any of the following ratio; provided, where it falls under the proviso, with the exception of the subparagraphs, of Article 80(1) of the Act, it shall be 50/100 of the amount under the proviso, with the exception of the subparagraphs, of the same paragraph: <Amended on Sep. 4, 2018; Jun. 18, 2024>

1. In cases falling under paragraph (1)1 through 6 and 6-2: 75/100;

2. In cases falling under paragraph (1)7: Ratio prescribed by a building ordinance.

(3) The ratio for reducing charges for compelling compliance under Article 80-2(2) of the Act, shall be as follows:

1. In cases of a residential building with a total floor area not exceeding 85 square meters: 80/100;

2. In cases of a residential building with a total floor area exceeding 85 square meters: 60/100.

[This Article Added on Feb. 11, 2016]

Article 117(Delegation or entrustment of authority) #

(1) The Minister of Land, Infrastructure and Transport shall delegate his or her authority to designate, change and revoke special building zones under Articles 69 and 71 (excluding Article 71(6) of the Act) to a Mayor/Do Governor pursuant to Article 82(1) of the Act. <Added on Dec. 13, 2010; Mar. 23, 2013; Jan. 8, 2021>

(2) Deleted. <Apr. 30, 1999>

(3) The authority that can be delegated to the head of a Gu (referring to the head of a Gu other than an autonomous Gu) or to the head of a Dong/Eup/Myeon (limited to the head of the Dong/Eup/Myeon determined by the Minister of the Interior and Safety in consultation with the head of a Si/Gun/Gu pursuant to subparagraph 2 of the remarks in Appendix 3 of the Regulations on Administrative Organizations of Local Governments and Standards for the Prescribed Number of Their Personnel) pursuant to Article 82(3) of the Act, is as follows: <Amended on Jul. 16, 2009; Feb. 11, 2016; Jul. 26, 2017; Mar. 29, 2024>

1. Authority over the construction, substantial repair, and change of uses of buildings with up to six floors and a total floor area of up to 2,000 square meters;

2. Authority over extensions of existing buildings by not exceeding 3/10 of the total floor area of such existing buildings.

(4) The authority that can be delegated to the head of a Dong/Eup/Myeon pursuant to Article 82(3) of the Act, is as follows: <Added on Jul. 16, 2009; Oct. 14, 2014; Sep. 4, 2018>

1. Authority over construction or substantial repair of buildings under Article 14 of the Act;

f. The area of the refuge area to be installed beneath the sloping roof of a building under Article 40(4)2;

3. Deleted. <Sep. 4, 2018>

4. Authority over erection of retaining walls and other structures under Article 83 of the Act.

(5) "Institution or organization prescribed by Presidential Decree" in Article 82(4) of the Act means any of the following institutions or organizations determined and publicly notified by the Minister of Land, Infrastructure and Transport: <Amended on Oct. 29, 2008; Jul. 16, 2009; Nov. 20, 2013>

1. A public enterprise under Article 5 of the Act on the Management of Public Institutions;

2. A research institute under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

[Title Amended on May. 8, 2006]

Article 118(Application mutatis mutandis to retaining walls and other structures) #

(1) Structures that shall be reported to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to erect (referring to erection of a structure separately from a building; hereafter in this Article the same shall apply) pursuant to Article 83(1) of the Act are: <Amended on Oct. 14, 2014; Jan. 19, 2016; Dec. 15, 2020>

1. A chimney in a height exceeding six meters;

2. Deleted. <Dec. 15, 2020>

3. A decorative tower, monument, spire, advertising tower, and advertising board in a height exceeding four meters, and similar;

4. An elevated water tank in a height exceeding eight meters, or similar;

5. A retaining wall or wall in a height exceeding two meters;

6. An underground shelter with a floor area exceeding thirty square meters;

7. A steel tower in a height exceeding six meters for sports facilities, such as a golf range, communications tower in residential and commercial areas, and similar;

8. A mechanical parking lot or iron-framed fabricated parking lot (including those of which surface of the floor is not fabricated) in a height not exceeding eight meters (excluding the height of a rail installed for safety) and without exterior walls;

9. A manufacturing facility, storage facility (including cement silos), an amusement facility, and similar, prescribed by a building ordinance;

10. Heavy items prescribed by a building ordinance, which may inflict a serious impact on the structure of a building;

11. A generation unit using solar energy as defined in subparagraph 2a of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy in a height exceeding five meters, and similar.

(2) Each person who intends to erect any structure referred to in the subparagraphs of paragraph (1) shall submit (including submission by electronic documents) a report on the erection of structures, and design documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Mar. 23, 2013; Oct. 14, 2014> (1) The Minister of Land, Infrastructure and Transport shall delegate his or her authority to designate, change and revoke special building zones under Articles 69 and 71 (excluding Article 71(6) of the Act) to a Mayor/Do Governor pursuant to Article 82(1) of the Act. <Added on Dec. 13, 2010; Mar. 23, 2013; Jan. 8, 2021>

(4) When applying mutatis mutandis Article 48 of the Act pursuant to the main clause of paragraph (3), details of, and methods for, verifying the structural safety of the relevant structure, and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Nov. 20, 2013>

(5) In receipt of a report on the erection of structures under paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall enter the details thereof in the management ledger of structures, and maintain it, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Nov. 20, 2013; Oct. 14, 2014>

(6) The management ledger of structures referred to in paragraph (5) shall be prepared and maintained electronically, unless there is a compelling reason to make such electronic preparation and maintenance impossible. <Amended on Nov. 20, 2013>

[This Article Wholly Amended on Oct. 29, 2008]

Article 119(Methods of calculating area) #

(1) In accordance with Article 84 of the Act, the area, height, and number of floors of a building shall be calculated as follows: <Amended on Jun. 30, 2009; Jul. 16, 2009; Feb. 18, 2010; Apr. 4, 2011; Jun. 29, 2011; Dec. 8, 2011; Dec. 30, 2011; Apr. 10, 2012; Dec. 12, 2012; Mar. 23, 2013; Nov. 20, 2013; Nov. 28, 2014; Apr. 24, 2015; Jan. 19, 2016; Jul. 19, 2016; Aug. 11, 2016; May 2, 2017; Jun. 27, 2017; Sep. 4, 2018; Oct. 22, 2019; Oct. 8, 2020; Jan. 8, 2021; May 4, 2021; Nov. 2, 2021; Sep. 12, 2023; May 7, 2024; Jun. 18, 2024; Aug. 26, 2025>

1. Site area means the area of the horizontal projection plane of a site; provided, any of the following areas shall be excluded herefrom:

a. Where a building line is determined on a site under the proviso of Article 46(1) of the Act: The site area between the building line and a road;

b. Where an urban/Gun planning facility, such as a road or park, exists on a site: The site (excluding sites for urban/Gun planning facilities, on which a building or structure is constructed under Article 47(7) of the National Land Planning and Utilization Act) area included in such urban/Gun planning facility;

2. Building area means the area of the horizontal projection plane of the part enclosed by the centerline of an exterior wall (where no exterior wall exists, referring to the exterior columns; hereafter in this subparagraph the same shall apply) of a building; provided, in any of the following cases, such building area shall be calculated according to the criteria prescribed by the relevant items:

a. The building area of a building is fitted with eaves, awnings, extended eaves, or the like and part of which protrudes horizontally from the centerline of the exterior wall by at least one meter shall be the area of the horizontal projection plane of the part enclosed by the line set back horizontally according to the following classifications, from the edge of such part:

1) A traditional temple as defined in subparagraph 1 of Article 2 of the Korean Traditional Temples Preservation and Support Act: The distance to the centerline of the exterior wall within a distance of up to four meters;

1) A stable equipped with eaves, awnings, extended eaves, or the like to fill with feedstuffs; to move livestock; and to prevent leakage, etc. of livestock excreta: The distance to the centerline of the exterior wall within a distance of up to three meters (where two stables are connected by a single awning, referring to the distance to the centerlines of both exterior walls of stables within up to six meters);

3) A Hanok: The distance to the centerline of the exterior wall within a distance of up to two meters;

4) Ramps in an underground parking lot;

5) A building certified as a zero energy building under Article 17 of the Green Buildings Construction Support Act, which is fitted with eaves, awnings, extended eaves, or the like to install new and renewable energy facilities defined in subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (limited to those facilities for producing or using new and renewable energy): The distance to the centerline of the exterior wall within a distance of up to two meters;

6) A oil station classified in subparagraph 19a of Appendix 1, a liquefied petroleum gas filling station classified in item b of that subparagraph, or a high-pressure gas charging station in item f of that subparagraph, which is fitted with eaves, awnings, extended eaves, or the like to install hydrogen-fuel supply facilities defined in subparagraph 9 of Article 2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles: The distance to the centerline of the exterior wall within a distance of up to two meters;

7) Other buildings: One meter;

b. The building area of the following buildings shall be calculated, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport:

1) A house using solar heat as a main energy source;

2) A protruding pent roof installed on top of the part where goods are placed or removed from a warehouse or factory, structured so that one end is fixed and the other end is not supported;

3) A building constructed having insulation materials installed at the side exposed to the outside air;

c. The following shall be excluded from the building area:

1) Parts not higher than one meter from the ground surface (parts not higher than 1.5 meters from the ground surface in cases of parking vehicles alongside the warehouses where goods are placed or removed);

2) An outdoor escape staircase up to two meters wide (limited to where the building-to-land ratio provided for in Article 55 of the Act is breached because outdoor escape staircases are installed in an existing building) installed in connection with the emergency exit of an existing publicly-used establishment (limited to those established before May 29, 2004) under Article 9 of the Enforcement Decree of the Special Act on the Safety Control of Publicly Used Establishments;

3) Pedestrian or vehicular roads established to facilitate passage of people or vehicles on the ground floor of a building;

4) Ramps in an underground parking lot;

5) Upper parts of an entrance and exit of an underground floor in a building (referring to parts equal in size to the width of the entrance and exit);

6) Domestic waste storage facilities (referring to facilities used to collect food waste, clothes, etc.; hereinafter the same shall apply);

7) An escape slide or emergency staircase for infants up to two meters wide (limited to where the building-to-land ratio provided for in Article 55 of the Act is breached because the escape slide or emergency staircases are installed in an existing building) installed in connection with the emergency exit of a day care nursery under Article 15 of the Infant Care Act (limited to those established before January 29, 2005);

8) An elevator for persons with disabilities (hereinafter referred to as "elevator for persons with disabilities"), an escalator, a wheelchair lift, or a ramp for persons with disabilities installed in accordance with the standards specified in Appendix 2 of the Enforcement Decree of the Act on Guarantee of Convenience Promotion of Persons with Disabilities, Older Persons, and Pregnant Women and Nursing Mothers;

9) Facilities installed at livestock-raising facilities (limited to those built or installed before April 27, 2015) referred to in Article 17(1)1 of the Act on the Prevention of Contagious Animal Diseases to install disinfection equipment under that subparagraph;

10) Parts exclusively used to protect and exhibit buried cultural heritage for preservation at the site or after relocation under Article 14(1)1 or 2 of the Act on Protection and Inspection of Buried Cultural Heritage;

11) Disposal facilities referred to in Article 12(1) of the Act on the Management and Use of Livestock Excreta (limited to the disposal facilities of waste-generating facilities referred to in Article 9 of the Addenda to the partially amended Act on the Management and Use of Livestock Excreta (Act No. 12516));

12) Emergency staircases installed at the outside of a building in lieu of one direct stairs in accordance with the standards for installation under Article 15 of the Infant Care Act (limited to cases where a workplace established in the same kindergarten on or before April 6, 2011 has ceased to meet the standards for building-to-land ratios under Article 55 of the Act due to the installation of emergency stair);

3. Floor area means the area of the horizontal projection plane of each floor of a building or part of the building enclosed by the centerlines of walls, columns, or other similar partitions; provided, in any of the following cases, such floor area shall be calculated according to the criteria prescribed by the relevant items:

a. In cases of a building not partitioned by walls or columns, it means the area of the horizontal projection plane enclosed by the line set back one meter horizontally, from the edge part of the roof thereof;

b. In cases of the floor of the balcony, etc. of a building, regardless of the installation of rails, etc. the area of the balcony, etc. (referring to the area from the centerline of an exterior wall to the edge part of the balcony, etc.) computed by subtracting from the area of the balcony, etc. the value computed by multiplying the length abutting the longest exterior wall which the balcony, etc. abuts by 1.5 meters, shall be included in the floor area;

c. In cases of the parts of pilotis or other similar structures (limited to those in which at least 1/2 of the wall area forms a space from the surface of the relevant floor to the lower surface of the upper floor), if such parts are used exclusively for the traffic of the general public or for vehicles or car parking, and if such parts are multi-family housing, such parts, shall be excluded from the floor area;

d. An elevator tower (including an elevator platform for access to a rooftop; hereinafter the same shall apply), stairs tower, decoration tower, garret (limited to those with a height not exceeding 1.5 meters (1.8 meters in cases of a slope roof)), space dedicated to a cooling equipment exhaust system installed inside of a building (limited to a space of not more than one square meters where the exhaust system for each household or room is installed in direct contact with outdoor air), chimney, dust shoot, facility duct and others similar, which are installed outside or inside a building, water tank, oil tank, cooling tower, septic tank, gas governor apparatus, and structures for installing others similar thereto, which are installed on the roof, outdoors or underground, and structures for installing only conveyor belts for moving goods between buildings, shall be excluded from the floor area;

e. A machine room, switchboard room, children's playground, landscape facility, and domestic waste storage facilities, which are installed on the ground floor of multi-family housing, shall be excluded from the floor area;

f. An outdoor escape staircase up to 1.5 meters wide (limited to where the floor area ratio provided for in Article 56 of the Act is breached because outdoor escape staircases are installed in an existing building) installed in connection with the emergency exit of an existing publicly-used establishment (limited to those installed before May 29, 2004) under Article 9 of the Enforcement Decree of the Special Act on the Safety Control of Publicly Used Establishments, shall be excluded from the floor area;

g. In cases of remodeling a building referred to in Article 6(1)6 and installing finishing materials, etc. onto the surface of the exterior walls of the building to improve the appearance of the building and prevent heat loss, such parts shall be excluded from the floor area;

h. In cases of buildings falling under paragraph (1)2b3), the floor area shall be the area calculated based on the centerlines of bearing walls among the exterior walls where insulation materials are installed;

i. The area of an escape slide or emergency staircases for infants up to two meters wide, that are installed in connection with the emergency exit of a day care nursery under Article 15 of the Infant Care Act (limited to day care nurseries established before January 29, 2005), shall be disregarded for the purpose of calculating the floor area (limited to where the building-to-land ratio provided for in Article 56 of the Act is breached because an escape slide or emergency staircases are installed in an existing building);

j. The area of an elevator, an escalator, a wheelchair lift, or a ramp for persons with disabilities installed in conformity to the standards specified in Appendix 2 of the Enforcement Decree of the Act on Guarantee of Convenience Promotion of Persons with Disabilities, Older Persons, and Pregnant Women and Nursing Mothers, shall be excluded from the floor area;

k. The area of facilities installed at livestock-raising facilities referred to in Article 17(1)1 of the Act on the Prevention of Contagious Animal Diseases (limited to those built or installed before April 27, 2015) to install disinfection equipment referred to in that subparagraph, shall be excluded from the floor area;

l. Parts exclusively used to protect and exhibit buried cultural heritages for preservation at the site or after relocation under Article 14(1)1 or 2 of the Act on Protection and Inspection of Buried Cultural Heritage, shall be excluded from the floor area;

m. Area of an emergency staircase installed outside a building in lieu of a direct staircase in accordance with the standards for establishment under Article 15 of the Infant Care Act shall not be counted towards the floor area (applicable only to cases where a child care center referred to in that Act, which was established before April 6, 2011, ceases to meet the floor-area-ratio standards under Article 56 of the Act due to the installation of an emergency staircase).

n. The ramp of an underground parking lot (limited to the part of leading from the ground floor to the first basement floor) shall not be counted towards the floor area;

o. The floor area of the refuge area under Article 46(4)3 shall be the area of the horizontal projection plane of an area enclosed by the interior line of walls of each floor or a part thereof;

p. If a structure or facility under Article 46(5)3 or 4 (limited to structure or facility by which a person can evacuate from the relevant household) is installed in a refuge area under paragraph (4) of that Article or an alternative facility defined in paragraph (5)4 of that Article (including cases where such structure or facility adjoins the exterior of the balcony; hereinafter the same shall apply), an area not exceeding the following area, among the refuge area or the area of the balcony in which the relevant structure or facility is installed, shall not be included in the floor area:

1) Where such structure or facility is installed jointly with the neighboring household: Four square meters;

2) Where such structure or facility is installed for each household: Three square meters;

4. Total floor area: means the sum of the floor areas of each floor of a building, but the following areas shall be excluded when calculating the floor area ratio:

a. The area of underground floors;

b. The area used as a ground parking lot (limited to the subsidiary use of a building);

c. Deleted; <Dec. 12, 2012>

d. Deleted; <Dec. 12, 2012>

e. The area of the refuge area to be installed in a skyscraper or a quasi-skyscraper referred to in Article 34(3) or (4);

f. The area of the refuge area to be installed beneath the sloping roof of a building under Article 40(4)2;

5. Height of a building: means the height from the ground surface to the top of the building (where pilotis are installed on the entire first floor of the building (including guards' rooms, stair rooms, elevator rooms, and similar ones for using the building), the height excluding the height of the piloti floor when applying Articles 60 and 61(2) of the Act); provided, in any of the following cases, such height shall be calculated according to the relevant items:

a. The height of a building referred to in Article 60 of the Act shall be measured from the centerline of the front road; provided, if the front road falls under any of the following cases, it shall be calculated as follows:

1) Where the elevation differs on the surface of the front road abutting the site of the building, the horizontal plane at the height of a weighted average according to the horizontal distance of the part of the front road in range abutting the building is to be deemed the front road plane;

2) Where the ground surface of the site of the building is higher than the front road, the plane of the front road shall be deemed in the position raised up by 1/2 of the difference of elevation;

b. In calculating the height of a building referred to in Article 61 of the Act, if the elevation of the ground surface of the site of the building differs from that of the neighboring site, the average horizontal plane of such ground surface shall be deemed the ground surface; provided, where the relevant site is lower than the neighboring site in calculating the height under Article 61(2) of the Act, the ground surface of the relevant site shall be deemed the ground surface, and where multi-family housing is constructed in combination with other purposes, the lowest part of the multi-family housing shall be deemed the ground surface of the building;

c. If the sum of the horizontal projection areas of an elevator tower [excluding elevator towers for elevators for persons with disabilities under item d3)), which are 12 meters or less in height], stairs tower, watch tower, decorative tower, roof tower, etc. installed on the roof of a building, does not exceed 1/8 (up to 1/6 in cases of multi-family housing subject to approval of a project plan under Article 15(1) of the Housing Act, in which the exclusive area of each dwelling unit does not exceed 85 square meters) of the building area of the relevant building, and the height of such part exceeds 12 meters, only such excess shall be included in the height of the building;

d. The following shall not be included in the height of the building:

1) Roof-protrusions of a roof ridge decoration, chimney, firewall, and other similar roof-protrusions;

2) Parapets (limited to those with at least 1/2 of the area of such walls being space);

3) An elevator tower of an elevator for persons with disabilities, the height of which does not exceed 12 meters;

6. Height of eaves means the height from the ground surface to the top of a wall, sub-beam, or column supporting the roof truss, or similar horizontal member of a building;

7. Ceiling height means the height from the floor surface of a room to the ceiling; provided, where parts having a different ceiling height exist in the same room, it shall be the weighted average height based on the ceiling area of each part;

8. Floor height means the height from the upper surface of the floor structure of a room to the upper surface of the floor structure of the immediate upper floor; provided, where parts having a different floor height exist in the same room, it shall be the weighted average height based on the area of the part of each height;

9. Number of floors: The following items shall not be included in the number of floors of a building and where the classification of floors of which is not clear shall be calculated by considering that the number of floors is calculated by considering each 4 meters of height of the building as 1 floor; and where the number of floors of a building varies depending on parts, the largest number of floors shall be deemed the number of floors of the building:

a. If the sum of the horizontal projection areas of an elevator tower (excluding an elevator tower of an elevator for persons with disabilities under item c), stairs tower, watch tower, decorative tower, roof tower, etc. installed on the roof of a building, does not exceed 1/8 (up to 1/6 in cases of multi-family housing subject to approval of a project plan under Article 15(1) of the Housing Act, in which the exclusive area of each dwelling unit does not exceed 85 square meters) of the building area of the relevant building;

b. Underground floors;

c. Elevator towers for elevators for persons with disabilities;

10. Ground surface of an underground floor: The ground surface of an underground floor as defined in Article 2(1)5 of the Act shall be the horizontal plane of the weighted average heights of the parts of the ground surface in contact with the perimeter of each floor according to the horizontal distance of such part of the ground surface.

(2) Where the elevation differs in the ground surface when calculating the area, height, number of floors, etc. of a building according to the standards provided for in the subparagraphs of paragraph (1) (excluding paragraph (1)10), the ground surface shall be deemed the horizontal plane of the weighted average of heights of the parts of the ground surface in contact with the perimeter of the building according to the horizontal distance of such part of the ground surface. In such cases, if the difference of elevation exceeds three meters, the ground surface shall be determined for every part within up to three meters of such difference of elevation.

(3) Where the building-to-land ratio for a building that meets all of the following requirements is calculated, an area falling within the upper part of the open space referred to in subparagraph 2 may be excluded from the building area after deliberation by a local building committee, notwithstanding paragraph (1)2: <Added on Apr. 21, 2020>

1. The total floor area of a facility falling under any of the following items, used for the relevant purpose, shall be at least 1,000 square meters:

a. Cultural and assembly facilities (limited to performance venues, galleries, and exhibition halls);

b. Education and research facilities (limited to schools, research institutes, and libraries);

c. Training facilities in living zones among training facilities, and public office facilities among business facilities;

2. The building shall have a structure and form wherein a part of its low-floor in contact with the ground with a height of at least eight meters can be opened for purposes of a pedestrian passage or a vacant lot.

(4) The horizontal projection area referred to in paragraph (1)5c or (1)9 shall be calculated in the same manner as the area of a building is calculated under paragraph (1)2. <Amended on Apr. 21, 2020>

(5) The Minister of Land, Infrastructure and Transport may prepare and disclose detailed application cases, methods of application, etc. concerning the calculation method of the area, height, number of floors, etc. of the buildings prescribed in paragraphs (1) through (4). <Added on May 4, 2021>

[This Article Wholly Amended on Oct. 29, 2008]

Article 119-11(Management of personally identifiable information) #

The Minister of Land, Infrastructure and Transport (including persons to whom the authority of the Minister of Land, Infrastructure and Transport is delegated or to whom the affairs of the Minister are entrusted, under Article 82 of the Act), a Mayor/Do Governor, and the head of a Si/Gun/Gu (including persons to whom their authority is delegated or entrusted, where such authority is delegated or entrusted) may manage data which include resident registration numbers or alien registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable for performing the following affairs: <Amended on Jan. 8, 2021>

1. Affairs related to building permission under Article 11 of the Act;

2. Affairs related to notifications of building construction under Article 14 of the Act;

3. Affairs related to alteration to matters permitted and reported under Article 16 of the Act;

4. Affairs related to change of use under Article 19 of the Act;

5. Affairs related to building permission for, or reporting on construction of, temporary buildings under Article 20 of the Act;

6. Affairs related to reports on the commencement of construction works under Article 21 of the Act;

7. Affairs related to approval for use of buildings under Article 22 of the Act;

8. Affairs related to computerization of architectural administration under Article 31 of the Act;

9. Affairs related to computerization of building permission process, etc. under Article 32 of the Act;

10. Affairs related to the guidance and oversight of users of computerized data under Article 33 of the Act;

11. Affairs related to recording and keeping building registers under Article 38 of the Act;

12. Affairs related to requests for registration under Article 39 of the Act;

13. Proposal for the designation of a special building zone under Article 71(2) of the Act and Article 107-2 of this Decree.

[This Article Added on Mar. 27, 2017]

[Moved from Article 119-10 <Jun. 26, 2018>]

ENFORCEMENT DECREE OF THE BUILDING ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of sites) #

Article 3-2(Scope of substantial repair) #

Article 3-3(Structures and width of roads depending on topographical conditions) #

Article 3-4(Materials for interior architecture) #

Article 3-5(Types of buildings by use) #

Article 4 #

Article 5(Establishment of Central Building Committee) #

Article 5-2(Disqualification of, challenge to, or refrainment by member) #

Article 5-3(Removal or dismissal of members) #

Article 5-4(Detailed guidelines for operation) #

Article 5-5(Local building committees) #

Article 5-6(Composition of working committees) #

Article 5-7(Deliberation by local building committees) #

Article 5-8(Disclosure of minutes of local building committees) #

Article 5-9(Matters Subject to Deliberation by Working Committees for Construction-Related Civil Petitions) #

Article 5-10(Applications for deliberation on civil petitions for inquiries) #

Article 6(Relaxed application) #

Article 6-2(Special cases concerning existing buildings) #

Article 6-3(Special cases concerning verification of structural safety of buildings of unique structures) #

Article 6-4(Special cases concerning floating buildings) #

Article 6-5(Structure easy to be remodeled) #

Article 7 #

Article 8(Building permission) #

Article 9(Filing applications for building permission) #

Article 9-2(Areas Prone to Habitual Flooding) #

Article 9-3(Reasons for Exceptions to Securing Ownership When Filing Application for Building Permission) #

Article 10(One-stop-service council for complex construction civil petitions) #

Article 10-2(Security bonds for safety control of construction sites) #

Article 10-3(Safety impact assessment for buildings) #

Article 11(Notifications of building construction) #

Article 12(Alteration to permission or reports) #

Article 13 #

Article 14(Change of use) #

Article 15(Temporary buildings) #

Article 15-2(Extension of retention period of temporary building) #

Article 15-3(Extension of retention period of temporary building established in factories) #

Article 16 #

Article 17(Approval for use of building) #

Article 18(Preparation of design documents) #

Article 18-2(Buildings subject to taking photographs and video clips) #

Article 19(Supervision of construction works) #

Article 19-2(Buildings for which permitting authority designates project supervisors) #

Article 19-3(Buildings subject to restrictions on business) #

Article 20(Agents for on-site surveys, inspections, and verifications) #

Article 21(Prevention of harms at construction site) #

Article 22(Special cases concerning buildings for public use) #

Article 22-2(Computerization of business of building permission) #

Article 22-3(Computerized data users subject to guidance and supervision) #

Article 22-4(Integrated civil service center for building projects) #

Article 23 #

Article 23-2 #

Article 23-3 #

Article 23-4 #

Article 23-5 #

Article 23-6 #

Article 23-7 #

Article 23-8 #

Article 24(Building instructors) #

Article 25(Building register) #

Article 26 #

Article 27(Landscaping of sites) #

Article 27-2(Securing privately-owned public space) #

Article 28(Relationship between site and road) #

Article 29 #

Article 30 #

Article 31(Building lines) #

Article 32(Verification of structural safety) #

Article 32-2(Disclosure of seismic capacity of buildings) #

Article 33 #

Article 34(Installation of direct stairs) #

Article 35(Installation of fire escape stairs) #

Article 36(Installation of outdoor escape stairs) #

Article 37(Installation of open space between underground floor and refuge floor) #

Article 38(Installation of exits from auditoriums) #

Article 39(Installation of exit to outside of buildings) #

Article 40(Installation of rooftop plaza) #

Article 41(Installation of passage necessary for escape and firefighting within sites) #