Articles
Addenda
SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON BUILDING

CHAPTER Ⅰ GENERAL PROVISIONS Article 1 (Purpose)

Article 2 (Scope of Application) This Ordinance shall apply to buildings and sites therefor situated in any administrative district of Seoul Special Metropolitan City (hereinafter referred to as "Seoul"). <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 3 (Relaxed Application) (1) The expression "area determined by Building Ordinance of a City/Do" in the BUILDING ACT')" target="_blank" class="law_link">ENFORCEMENT DECREE OF THE BUILDING ACT (hereinafter referred to as the "Decree") means any of the following areas designated and publicized by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor"): <Amended by Ordinance No. 3823, Jan. 5, 2001; Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
1. The Donhwamunno district-unit planning zone, the Unhyeongung district-unit planning zone, the Insa-dong district-unit planning zone, the Bukchon district-unit planning zone, and the Gyeongbokgung west district-unit planning zone; <Amended by Ordinance No. 4355, Dec. 29, 2005; Ordinance No. 4629, May 29, 2007; Ordinance No. 4997, Jul. 15, 2010>
2. The areas where traditional Korean-style houses stand close together under subparagraph 2 of Article 2 of the Seoul Metropolitan Government Ordinance on the Preservation and Development of Traditional Korean-Style Houses; <Newly Inserted by Ordinance No. 4997, Jul. 15, 2010>
3. A historical and cultural fine view district under Article 31 (2) 2 (b) of the Enforcement Decree of the NATIONAL LAND PLANNING AND UTILIZATION ACT. <Amended by Ordinance No. 3823, Jan. 5, 2001; Ordinance No. 4079, Apr. 15, 2003; Ordinance No. 4879, Nov. 11, 2009>
(2) Every person who intends to file a request in accordance with Article 5 (1) of the BUILDING ACT (hereinafter referred to as the "Act") and Article 6 (1) of the Decree for the relaxation of any regulation under the Act, the Decree, Ordinance of the Minister of Land, Transport and Maritime Affairs or this Ordinance (hereinafter referred to as the "Rule") or the standards prescribed by this Ordinance with regard to a building site or a building (hereinafter referred to as "building site, etc.") shall submit a written request for the relaxation of the regulation in Form 1 attached hereto to the permitting authority (referring to the Mayor or the head of the competent Gu, who has the authority for granting a permit for the building at issue; the same shall apply hereinafter), along with drawings and other relevant documents. <Amended by Ordinance No. 4629, May 29, 2008 ; Ordinance No. 4879, Nov. 11, 2009>
(3) The permitting authority in receipt of a request filed under paragraph (2) shall render a decision on whether to relax the regulation and the scope of application following deliberation by the competent building committee pursuant to Article 5 (2) of the Act and shall notify the requesting person of the results of the decision within 30 days from the filing date of the request: Provided, That the foregoing shall not apply where the competent building committee decides after deliberation that the request needs supplementary documents or reexamination. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(4) In rendering a decision on whether to permit the relaxation of a regulation and the scope of application following deliberation by the competent building committee pursuant to paragraph (3), the permitting authority shall take the following into consideration and shall permit the relaxation to the minimum extent deemed necessary: <Amended by Ordinance No. 4879, Nov. 11, 2009>
1. The causes that make it irrational to apply a relevant provision of the Act, the Decree, the Rule, or this Ordinance (hereinafter referred to as the "relevant Act or subordinate statute") to the building site, etc. shall not have willfully been created by the owner of the building site, etc. or an interested party; <Amended by Ordinance No. 4879, Nov. 11, 2009>
2. The application of a relevant provision of the relevant Act or subordinate statute has been made irrational due to a change in the relevant Act or subordinate statute or system, or due to distinct physical conditions of the building site, etc. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 4 (Special Cases concerning Existing Buildings, etc.) (1) With respect to an existing building or building site that does no longer conform to a provision of the relevant Act or subordinate statute due to the enactment or an amendment of the relevant Act or subordinate statute or due to a cause or event under any subparagraph of Article 6-2 (1) of the Decree, the permitting authority may give permit for, or accept a report on, construction or alteration of its use (limited to reconstruction, extension, or remodeling) in accordance with the following guidelines pursuant to Article 6 of the Act and Articles 6-2 and 14 (6) of the Decree: <Amended by Ordinance No. 4739, Mar. 18, 2009; Ordinance No. 4879, Nov. 11, 2009>
1. Where the existing building is rebuilt; <Amended by Ordinance No. 4879, Nov. 11, 2009>
2. Where the part to be extended or remodeled conforms to the relevant Act or subordinate statute; <Amended by Ordinance No. 4879, Nov. 11, 2009>
3. Where the building site for the existing building falls short of the area specified in any subparagraph of Article 29 of this Ordinance pursuant to Article 57 of the Act due to the installation of an urban planning facility or the construction of a road under the ROAD ACT, and the existing building is extended or remodeled within the extent of total floor area; <Amended by Ordinance No. 4006, May 20, 2002; Ordinance No. 4739, Mar. 18, 2009; Ordinance No. 4879, Nov. 11, 2009>
4. Where the existing building does no longer conform to Article 55 or 56 of the Act due to the construction of an urban planning facility or a road under the ROAD ACT and so is extended within the extent of the total floor area of the existing building in order to build toilets, staircases, or elevators and maintain the functions of the building otherwise. <Newly Inserted by Ordinance No. 4079, Apr. 15, 2003; Ordinance No. 4879, Nov. 11, 2009>
5. Where the distance from the construction line of the existing building built before May 9, 2006 or the boundary line of an adjoining building site is less than the distance specified by the guidelines for empty space within a building site under Table 4 hereto related to Article 30 of this Ordinance pursuant to Article 58 of the Act, and the existing building is extended vertically; <Newly Inserted by Ordinance No. 4879, Nov. 11, 2009>
6. The use and the facility standards to be altered shall conform to the relevant Acts or subordinate statutes: Provided, That the provisions of Article 30 may not apply where the distance from the construction line of the existing building built before May 9, 2006 or the boundary line of an adjoining building site is less than the distance specified in Article 30. <Newly Inserted by Ordinance No. 4879, Nov. 11, 2009>

CHAPTER Ⅱ BUILDING COMMITTEE Article 5 (Organization)

Article 6 (Subcommittees) (1) Any building committee may, if necessary to ensure efficient deliberation, establish and operate subcommittees.
(2) Each subcommittee shall be comprised of not less than five members, and its chairperson shall be elected by and from among its members.
(3) The agenda items passed by any subcommittee shall be deemed to have been passed by the relevant building committee. In such cases, the building committee shall, in advance, specify such items and refer them to the relevant subcommittee.
(4) Articles 7 through 14 shall apply mutatis mutandis to the meetings and operation of the subcommittees. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 7 (Functions, Procedures, etc.) (1) Each committee under Article 5 (4) of the Decree shall be operated as follows: <Amended by Ordinance No. 4355, Dec. 29, 2005; Ordinance No. 4879, Nov. 11, 2009>
1. Matters subject to deliberation by the Metropolitan Committee:
(a) Matters concerning the enactment and amendment of the SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON BUILDING;
(b) Matters concerning whether to relax any regulation under building-related Acts and subordinate statutes and the scope of application thereof under Article 5 of the Act (limited to cases where the Mayor is the permitting authority); <Amended by Ordinance No. 4879, Nov. 11, 2009>
(c) Matters concerning the construction of a building under Article 5 (4) 4 (a) of the Decree, the total floor area of which is not less than 100,000 square meters, or a building under Article 5 (4) 4 (b) of the Decree, which has 21 or more floors; <Amended by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
(d) Matters concerning the construction of a building for unit sale under Article 5 (4) 6 of the Decree (excluding a building under any provision of Article 3 (2) 2 through 4 of the ACT ON SALE OF BUILDING UNITS; the same shall apply hereafter in subparagraph 2), the total floor area of which is not less than 100,000 square meters or which has 21 or more floors. In such cases, a building with 16 or more floors shall also be subject to deliberation, if the building is a multi-unit housing building for 300 or more households or a building for the combined use of residence and office with 300 or more units; <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
(e) Matters concerning the construction of a building in a scenery district under Article 5 (4) 5 of the Decree, the total floor area of which is not less than 100,000 square meters or which has 21 or more floors; <Newly Inserted by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(f) Matters concerning the construction of a building for determining the statutory maximum floor area ratio under Article 30-3 (4) 7 of the ACT ON THE MAINTENANCE AND IMPROVEMENT OF URBAN AREAS AND DWELLING CONDITIONS FOR RESIDENTS; <Newly Inserted by Ordinance No. 4898, Jan. 7, 2010; Ordinance No. 4997, Jul. 15, 2010>
(g) Matters concerning the conciliation or adjudication of disputes arising in relation to the construction of a building under Article 4 (1) 2 of the Act; <Newly Inserted by Ordinance No. 4997, Jul. 15, 2010>
(h) Other matters subject to deliberation under any other Act or subordinate statute and matters that the Mayor brings before the Metropolitan Committee to seek for advice thereon. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4898, Jan. 7, 2010>
2. Matters subject to deliberation by the Gu Committee:
(a) Matters concerning the designation of building lines under Article 46 (2) of the Act; <Amended by Ordinance No. 4879, Nov. 11, 2009>
(b) Matters concerning whether to relax building-related Acts and subordinate statutes and the scope of application thereof under Article 5 of the Act (limited to cases where the head of a Gu is the permitting authority); <Amended by Ordinance No. 4879, Nov. 11, 2009>
(c) Matters concerning the construction of a publicly used building under Article 5 (4) 4 of the Decree, which does not fall under subparagraph 1 (c); <Amended by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
(d) Matters concerning the construction of a building for unit sale under Article 5 (4) 6 of the Decree, which does not fall under subparagraph 1 (d) or (f): Provided, That if the criterion for deliberation is based on the total floor area of a building, the foregoing shall apply only to a building with total floor area of not less than 3,000 but less than 100,000 square meters or a multi-unit housing building for 20 or more households or a building for the combined use of residence and office with 20 or more units; <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4898, Jan. 7, 2010; Ordinance No. 4997, Jul. 15, 2010>
(e) Matters concerning the construction of a building in a scenery district under Article 5 (4) 5 of the Decree, which does not fall under subparagraph 1 (e); <Newly Inserted by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
(f) Other matters subject to deliberation under any other Act or subordinate statute and matters that the Mayor brings before the Committee to seek for advice thereon from the Committee. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(2) Deliberation by a committee under paragraph (1) may be omitted for a modification to a minor matter that falls under any of the following subparagraphs with regard to a building that has successfully passed deliberation by the committee in accordance with paragraph (1) (including an existing building) or a building that has successfully passed deliberation by the Central Committee for Deliberation on Construction Technology or a Local Committee for Deliberation on Construction Technology under Article 9 or 19 of the Enforcement Decree of the CONSTRUCTION TECHNOLOGY MANAGEMENT ACT, among buildings subject to consultation under Article 29 of the Act: Provided, That the foregoing shall not apply to cases where such omission leads to any modification to a matter pointed out by the committee or any terms and conditions of the deliberation: <Amended by Ordinance No. 4355, Dec. 29, 2005; Ordinance No. 4879, Nov. 11, 2009>
1. Where the scale of a building is reduced or one or less floor is extended within the scope of 1/10 of the total floor space without alterations to the basic framework of the building plan; <Amended by Ordinance No. 4879, Nov. 11, 2009>
2. Where a matter subject to deliberation is the one that may be modified by filing an all-inclusive report with the permitting authority at the time of filing an application for approval for use in accordance with Article 16 (2) of the Act and Article 12 (3) of the Decree; <Amended by Ordinance No. 4879, Nov. 11, 2009>
3. Where a minor modification is made to the exterior, such as windows, doors, balconies, and parapets, without any alteration to the basic framework of the exterior of the building; <Amended by Ordinance No. 4879, Nov. 11, 2009>
4. Where a floor plan or a specific use is modified without any alteration to the core or the major flow plan of the building; <Amended by Ordinance No. 4879, Nov. 11, 2009>
5. Where the area or location of any exterior facility of the building which shall be secured in accordance with Acts and subordinate statutes, such as public place and landscaping works, is changed without any alteration to the entrance to and exit from the building or the flow line of use; <Amended by Ordinance No. 4879, Nov. 11, 2009>
6. Where any part of the building plan or the scale (limited to reduction) is modified without any alteration to the major construction method under the land excavation plan;
7. Where not more than one floor is added to an existing building to make the building higher than its highest floor within the extent of 1/10 of its total floor area without any alteration to the basic framework (it shall be deemed that not more than one floor is added, if one and the same building has two or more different levels of floors and the lower floors are extended to the same as, or to a level lower than, the level of the highest or extended floors); <Amended by Ordinance No. 4879, Nov. 11, 2009>
8. Where construction works are carried out for an existing building or the specific use of an existing building is altered after filing a report with the permitting authority under Article 14 or 19 of the Act. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(3) Any person who intends to build a building under paragraph (1) of this Article may, before he/she applies for a building permit under Article 11 of the Act, file an application with the competent committee for deliberation in Form Ⅱ attached hereto: Provided, That when any person other than a landowner (excluding a person implementing any maintenance and improvement project under the ACT ON THE MAINTENANCE AND IMPROVEMENT OF URBAN AREAS AND DWELLING CONDITIONS FOR RESIDENTS) does so, he/she shall submit a written consent of other persons who own two-thirds or more of the area of land. <Amended by Ordinance No. 4355, Dec. 29, 2005; Ordinance No. 4879, Nov. 11, 2009>
(4) The head of a Gu may present his/her written opinion when he/she requests the Metropolitan Committee to deliberate on a building subject to deliberation by the Metropolitan Committee under paragraph (1) 1 (c) or (d). <Amended by Ordinance No. 4879, Nov. 11, 2009>
(5) Except as provided for in paragraphs (1) through (4), matters necessary for deliberation on building plans by the committees shall be prescribed by rules. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 8 (Duties of Chairperson) (1) The chairperson of a committee shall exercise the overall control of the affairs of the committee and represent it.
(2) The vice chairperson shall assist the chairperson and act on behalf of the latter if the chairperson is unable to perform his/her duties.

Article 9 (Meetings, etc.) (1) The chairperson of a committee shall convene meetings of the committee and preside over the meetings.
(2) Each meeting of a committee shall be comprised of the chairperson and not less than nine but not more than 21 members designated by the chairperson for each meeting, and shall be duly formed with the attendance of a majority of the constituents and adopt a resolution by the concurrent vote of a majority of the members present. <Amended by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>

Article 10 (Keeping of Minutes, etc.) (1) Each committee shall prepare and keep minutes or written deliberations and resolutions.
(2) A committee may have a stenographer to take minutes. <Newly Inserted by Ordinance No. 4006, May 20, 2002>
(3) Each committee shall have an executive secretary to deal with its administrative affairs, who shall be appointed by the chairperson from among staffers of the committee.

Article 11 (Confidentiality) No committee member or person who has been involved in the affairs of the committee shall disclose any confidential information known to him/her in the course of duty to a third party. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 12 (Request for Submission of Materials, etc.) A committee may, if it considers necessary, conduct a field inspection or summon related public officials, appropriate experts, design architects, or contractors to appear at a meeting of the committee to make oral statements or demand a related agency or organization to submit relevant materials. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 13 (Allowances) Allowances or travel expenses may be reimbursed to the members who attend meetings of a committee, to such an extent as the relevant budget permits: Provided, That this shall not apply in cases where members who are public officials attend such meetings in direct connection with their duties.

Article 14 (Operating Rules) Such matters as are not provided for in this Ordinance concerning the meetings and operation of a committee shall be determined by the chairperson following a resolution of the committee.

CHAPTER Ⅲ CONSTRUCTION OF BUILDINGS Article 15 (Fees for Building Permits, etc.)

Article 16 (Deposits for Safety Control of Construction Sites, etc.) (1) “Building specified by Municipal Ordinance of the competent local government" in Article 13 of the Act means a building whose total floor area exceeds 5,000 square meters (excluding a building built by the State or a local government): Provided, That where a building is extended, the foregoing shall apply only where the total floor area of the extended part of the building is not less than 5,000 square meters. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(2) A deposit under Article 13 (2) of the Act (hereinafter referred to as "deposit") shall be made with regard to a building under paragraph (1), and the amount thereof shall be calculated by any of the following formulas. In such cases, "construction cost" means an amount obtained by multiplying the standard construction cost publicized by the Minister of Land, Transport and Maritime Affairs pursuant to Article 14 (2) of the SEOUL METROPOLITAN AREA READJUSTMENT PLANNING ACT by the total floor area: <Amended by Ordinance No. 4629, May 29, 2008; Ordinance No. 4879, Nov. 11, 2009>
1. If total floor area is not more than 10,000 square meters: An amount equivalent to one percent of the construction cost;
2. If total floor area is more than 10,000 square meters but not more than 30,000 square meters: An amount calculated in accordance with subparagraph 1 (only for the part with total floor area of not more than 10,000 square meters) + an amount equivalent to 0.5 percent of the construction cost (only for the part with total floor area of more than 10,000 square meters); <Amended by Ordinance No. 4879, Nov. 11, 2009>
3. If total floor area is more than 30,000 square meters: An amount calculated in accordance with subparagraph 2 (only for the part with total floor area of not more than 30,000 square meters) + an amount equivalent to 0.3 percent of the construction cost (only for the part with total floor area of more than 30,000 square meters); <Amended by Ordinance No. 4879, Nov. 11, 2009>
(3) A deposit may be paid in cash under the LOCAL FINANCE ACT or replaced by a letter of guarantee referred to in any subparagraph of Article 10-2 (1) of the Decree. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(4) If a deposit is replaced by a letter of guarantee under paragraph (3), the guarantee period shall be calculated by adding any of the following periods to the construction period: <Amended by Ordinance No. 4879, Nov. 11, 2009>
1. If total floor area is not more than 10,000 square meters: A period of not less than six but less than eight months;
2. If total floor area is more than 10,000 square meters but not more than 30,000 square meters: A period of not less than eight but less than ten months;
3. If total floor area is more than 30,000 square meters: A period of not less than ten but not more than twelve months.
(5) If a person who succeeds to the status of the owner of a building by a transfer of the title to the building in accordance with Article 11 of the Rule (hereinafter referred to as "transferee") succeeds to the rights to the relevant deposit, the transferee shall be deemed to have made the deposit, but the transferee shall make a deposit if it is impossible to transfer the deposit already made or if the transferee has not succeeded to the rights to the relevant deposit. <Amended by Ordinance No. 4629, May 29, 2008; Ordinance No. 4879, Nov. 11, 2009>
(6) Each deposit shall be paid when the commencement of construction is reported: Provided, That where the total floor area is increased or decreased due to a change, etc. in permitted matters after such report (excluding cases where the total floor area is not more than 1/10), the deposit shall be recalculated and the difference between the recalculated deposit and the deposit paid under paragraph (3) shall be additionally paid or returned. In such cases, the construction cost shall be calculated on the basis of the date of such report. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(7) When a building permit is granted pursuant to Article 11 of the Act, the estimated amount of the deposit shall be notified, and the deposit (including a letter of guarantee) shall be returned pursuant to Article 13 (3) of the Act, when a letter of approval for use is issued pursuant to Article 22 of the Act. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 17 (Temporary Buildings) (1) Temporary buildings of which construction may be permitted as urban planning facilities or on a prearranged site for urban planning facilities pursuant to Article 20 (1) of the Act shall conform to the following standards: <Amended by Ordinance No. 4879, Nov. 11, 2009>
1. The temporary buildings shall not be of a reinforced concrete or steel reinforced concrete structure;
2. The existence period of the temporary buildings shall not exceed three years: Provided, That such period may be extended until the relevant urban planning project is carried out; <Amended by Ordinance No. 4879, Nov. 11, 2009>
3. The temporary buildings shall have three or less floors; <Amended by Ordinance No. 4879, Nov. 11, 2009>
4. The temporary buildings shall not require any installment of new arterial supply facilities, such as electricity, waterworks and gas;
5. The temporary buildings shall not be intended for sale in units as multi-family residential buildings or sale and business facilities;
6. The temporary buildings shall conform to Article 64 of the NATIONAL LAND PLANNING AND UTILIZATION ACT: Provided, That the foregoing shall not apply where an implementation plan for each phase has not been established within a period given for establishing the implementation plan for each phase. <Amended by Ordinance No. 4079, Apr. 15, 2003; Ordinance No. 4879, Nov. 11, 2009>
(2) When the construction of a temporary building is permitted pursuant to paragraph (1), the permitting authority shall consult with the division responsible for the relevant urban planning project on whether the building is likely to cause a problem to the project. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(3) "Other buildings specified by Ordinance on Building" in Article 15 (5) 14 of the Decree means those specified in the following table: <Amended by Ordinance No. 4006, May 20, 2002; Ordinance No. 4079, Apr. 15, 2003; Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4977, Apr. 22, 2010>
(4) Pursuant to subparagraph 2 of Article 18 of the Decree, design documents for a temporary building under any subparagraph of Article 15 (5) of the Decree (excluding subparagraphs 2 and 4) may be prepared by any person other than a certified architect. <Newly Inserted by Ordinance No. 4997, Jul. 15, 2010>

Article 18 (Approval for Use of Building) Each building with total floor area of more than 2,000 square meters may obtain a letter of approval for use without receiving inspection for the approval for use pursuant to the proviso to Article 22 (2) of the Act: Provided, That the permitting authority may conduct an inspection to issue a letter of approval for use, if the authority considers it necessary. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 19 (Agents for On-Site Surveys, Inspections and Confirmations) (1) The permitting authority may allow the design architect of a building subject to permission to conduct surveys, inspections and confirmations in relation to the building as an agent pursuant to Article 27 (1) of the Act and Article 20 (1) of the Decree: <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
1. On-site surveys, inspections, and confirmations prior to the issuance of a building permit under Article 11 of the Act (limited to a building with total floor area of not more than 2,000 square meters); <Amended by Ordinance No. 4879, Nov. 11, 2009>
2. On-site surveys, inspections, and confirmations prior to permission for or reporting on a change of the specific use under Article 19 of the Act (limited to cases where a certified architect has drawn up the design documents); <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
3. On-site surveys, inspections, and confirmations designated and publicized as the permitting authority deems it necessary to allow vicarious execution on any other ground. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(2) In order for the permitting authority to allow a certified architect selected in accordance with the standards set forth in the subparagraphs of Article 20 (1) of the Decree to conduct on-site surveys, inspections, or confirmations on a building subject to permission as an agent in connection with the approval for use or temporary use, pursuant to Article 27 (1) of the Act and Article 20 (1) of the Decree, the total floor area of such building shall not exceed 2,000 square meters: Provided, That the permitting authority may also allow such vicarious execution, if a building with total floor area of more than 2,000 square meters falls under the proviso to Article 18 and the permitting authority deems it necessary to allow a certified architect to conduct on-site surveys, inspections, or confirmations in connection with the approval for use or temporary use as an agent. <Amended by Ordinance No. 3823, Jan. 5, 2001; Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(3) If an agent under paragraph (1) files an application for a building permit or any other permit with a report on investigation or inspection regarding the building permit under Article 21 (1) of the Rule, the permitting authority shall deem that the agent has vicariously executed the permitting authority"s duties. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4629, May 29, 2008; Ordinance No. 4879, Nov. 11, 2009>
(4) The Mayor shall consult with the heads of Gus when he/she compiles a list of certified architects to vicariously execute duties under paragraph (2). <Newly Inserted by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(5) When the permitting authority intends to allow an agent to vicariously execute its duties pursuant to paragraph (2), it shall select such agent using the list compiled pursuant to paragraph (4). <Newly Inserted by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(6) When the permitting authority intends to allow an agent to vicariously execute its duties pursuant to paragraph (2), it may consult with the Korea Institute of Registered Architects established under the CERTIFIED ARCHITECTS ACT to separately establish procedures for the utilization of the list under paragraph (5) and other procedures for the vicarious execution of such duties. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>

Article 20 (Agency Service Fees) As to fees payable by the permitting authority to a person conducting on-site surveys, inspections, and confirmations as an agent under Article 27 (3) of the Act in accordance with Article 21 (3) of the Rule, wages for professional engineers surveyed and published for each year by the Korea Engineering and Consulting Association in accordance with Article 10 of the Engineering Technology Promotion Act and the Engineering Service Fee Standards publicized by the Minister of Education, Science and Technology shall apply mutatis mutandis (or 5/10 of the said fees shall apply mutatis mutandis with regard to agency service under Article 19 (1)): Provided, That the amount of agency service fees for on-site investigations, inspections and confirmations under Article 19 (2) of this Ordinance shall be determined by the standards separately set after consultation with the Korea Institute of Registered Architects established under the CERTIFIED ARCHITECTS ACT, if there are such standards established. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4629, May 29, 2008; Ordinance No. 4879, Nov. 11, 2009>

Article 21 (Eligibility Requirements for Construction Advisors, etc.) When the head of a Gu intends to appoint construction advisors pursuant to Article 37 of the Act, he/she shall appoint public officials working with construction-related branches in the Gu or persons having any of the following eligibility requirements: Provided, That he/she may commission honorary construction advisors if he/she deems it necessary: <Amended by Ordinance No. 4879, Nov. 11, 2009>
1. Public officials who have worked with construction-related branches for two or more years; <Amended by Ordinance No. 4879, Nov. 11, 2009>
2. Certified architects;
3. Professional engineers in the construction field;
4. Grade Ⅰ architectural engineers who have worked in the construction field for two or more years; <Amended by Ordinance No. 4879, Nov. 11, 2009>
5. Grade Ⅱ architectural engineers who have worked in the construction field for four or more years; <Amended by Ordinance No. 4879, Nov. 11, 2009>
6. Persons who have worked as assistant certified architects for three or more years; <Amended by Ordinance No. 4879, Nov. 11, 2009>
7. Persons who graduated from a construction-related department in a five-year college and who have worked in the construction field for two or more years; <Newly Inserted by Ordinance No. 4879, Nov. 11, 2009>
8. Persons who graduated from a construction-related department in a four-year college and who have worked in the construction field for three or more years; <Newly Inserted by Ordinance No. 4879, Nov. 11, 2009>
9. Persons who graduated from a construction-related department in a three-year college and who have worked in the construction field for four or more years; <Newly Inserted by Ordinance No. 4879, Nov. 11, 2009>
10. Persons who graduated from a construction-related department in a two-year college and who have worked in the construction field for five or more years; <Amended by Ordinance No. 4879, Nov. 11, 2009>
11. Persons who graduated from a construction-related department in a technical high school and who have worked in the construction field for seven or more years; <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 22 (Remunerations of Construction Advisors, etc.) (1) The head of a Gu may reimburse construction advisors under Article 21 who are not public officials for remunerations, allowances, travel expenses and activity money, and construction advisors who are public officials and honorary construction advisors for allowances, travel expenses and activity money, to such an extent as the relevant budget permits. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(2) Other necessary matters concerning the procedures for appointment of construction advisors and the standards for their remunerations shall be determined by the head of each Gu. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 23 (Maintenance and Management of Buildings) Any of the following aggregate buildings governed by the ACT ON THE OWNERSHIP AND MANAGEMENT OF AGGREGATE BUILDINGS is subject to examination of the actual state of maintenance and management conducted by a construction advisor under Article 37 of the Act, which may be allowed by the head of the competent Gu pursuant to Article 23 (2) of the Decree: <Amended by Ordinance No. 4879, Nov. 11, 2009>
1. Multi-unit housing buildings for 20 or more households or buildings for the combined use of residence and office with 20 or more units;
2. Buildings with total floor area of not less than 2,000 square meters;
3. Other buildings deemed necessary by the head of the competent Gu.

CHAPTER Ⅳ LANDSCAPING IN BUILDING SITES, ETC. Article 24 (Landscaping in Building Sites)

Article 25 (Tree Planting and other Landscaping Standards) The standards for planting trees in a building site, the types of landscaping facilities and methods of installation thereof, and other landscaping standards are as follows; and other standards shall conform to those publicized by the Minister of Land, Transport and Maritime Affairs pursuant to Article 42 (2) of the Act: <Amended by Ordinance No. 4006, May 20, 2002; Ordinance No. 4629, May 29, 2008; Ordinance No. 4879, Nov. 11, 2009>
1. The tree-planting area shall exceed 60/100 of the landscaping area; <Amended by Ordinance No. 4006, May 20, 2002>
2. The tree planting for landscaping in the artificial ground except for rooftop landscaping shall be 1.2 or more meters deep; <Amended by Ordinance No. 4006, May 20, 2002>
3. Obstructs shall not protrude, wherever possible. <Amended by Ordinance No. 4006, May 20, 2002; Ordinance No. 4879, Nov. 11, 2009>

Article 26 (Securing of Public Place, etc.) (1) Such buildings as are required to have a public place or space (hereinafter referred to as "public place, etc.") in accordance with Article 27-2 (1) or (2) of the Decree and the area of such public place, etc. are as follows: <Amended by Ordinance No. 4879, Nov. 11, 2009>
1. Buildings required to have a public place, etc.: Buildings whose total floor area used for any of the following facilities exceeds 5,000 square meters: <Amended by Ordinance No. 4879, Nov. 11, 2009>
(a) Facilities for cultural activities or gathering;
(b) Sales facilities (excluding agricultural and marine products distribution facilities referred to in Article 2 of the ACT ON DISTRIBUTION AND PRICE STABILIZATION OF AGRICULTURAL AND FISHERY PRODUCTS); <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(c) Business facilities;
(d) Accommodation facilities;
(e) Medical facilities;
(f) Sports facilities;
(g) Amusement facilities;
(h) Religious facilities; <Newly Inserted by Ordinance No. 4534, May 29, 2007>
(i) Transportation facilities. <Newly Inserted by Ordinance No. 4534, May 29, 2007>
(j) Funeral halls. <Newly Inserted by Ordinance No. 4879, Nov. 11, 2009>
2. Area: The area of a public place, etc. for a building under any item of subparagraph 1 shall not be less than the ratio set out in any of the following items to the area of the building site (excluding the area of an access-restricted section in the case of an airport facility, etc. where access by the general public is partly restricted): Provided, That the area of a setback of the building line designated pursuant to Article 31 (2) of the Decree shall not be included in the area of a public place, etc. and only one-half of the area of a part that is divided by pilotis or constructed underground in accordance with paragraph (2) 7 shall be included therein: <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(a) The total floor area is not less than 5,000 square meters but less than 10,000 square meters: Five percent of the area of the building site; <Amended by Ordinance No. 4879, Nov. 11, 2009>
(b) The total floor area is not less than 10,000 square meters but less than 30,000 square meters: seven percent of the area of the building site; <Amended by Ordinance No. 4879, Nov. 11, 2009>
(c) The total floor area is 30,000 or more square meters: Ten percent of the area of the building site. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(2) Pursuant to Article 27-2 (3) of the Decree, each public place, etc. shall be created and managed in accordance with the following standards: <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
1. Such public place, etc. shall be created on the widest roadside which abuts the building site (one side of the building site shall abut not less than 1/4 of the roadside) and which is convenient for general access (excluding use of stairs) and use in the form of a small park (vest-pocket park) harmonizing with the street environment: Provided, That where it is unreasonable to create such public place, etc. on the widest roadside, its location may separately be determined after deliberation by the competent committee; <Amended by Ordinance No. 4006, May 20, 2002; Ordinance No. 4534, May 29, 2007>
2. The number of such public place, etc. shall not exceed two, and the area of one such public place, etc. shall not be less than 45 square meters;
3. Such public place, etc. shall not be less than five meters in width;
4. The effective height of such public place, etc. shall not be less than six meters, if it has pilotis;
5. Comforts for the general public, such as landscaping works, benches, pergolas, clock towers, fountains, outdoor stages (limited to those not requiring the construction of other facilities, such as roofs), small public rest rooms (limited to those which are less than 33 square meters in area and on which the permitting authority and the owner have agreed), shall be constructed in such public place, etc.; <Amended by Ordinance No. 4355, Dec. 29, 2005; Ordinance No. 4879, Nov. 11, 2009>
6. One or more information boards (including information maps) shall, in accordance with the installation standards set out in Table Ⅲ, be installed in the entrances to all places where such public place, etc. is created; <Newly Inserted by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
7. Such public place, etc. shall be created on the ground but may, after deliberation by the competent committee, be built underground in a space abutting subway passages the upper parts of which are open or which can be used by the general public (stairs can be used, notwithstanding the provisions of subparagraph 1); <Newly Inserted by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
8. The owner of a building who has created such public place, etc. shall submit a management ledger in Form Ⅳ at the time of applying for an approval for use, and the head of the competent Gu shall confirm and manage such public place, etc. at least once a year to prevent illegality. <Newly Inserted by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(3) The relaxation of building standards under Article 27-2 (4) of the Decree shall be implemented as follows:
1. Reduction of the floor area ratio: Not more than the floor area ratio calculated by the following formula: <Amended by Ordinance No. 4355, Dec. 29, 2005; Ordinance No. 4879, Nov. 11, 2009>
[1+{the area of public place, etc. - (the area of public place, etc., the creation of which is obligatory, or five percent of the area of the building site if such creation is not obligatory)}/the area of the building site] × the floor area ratio under Article 55 of the Seoul Metropolitan Government Ordinance on Urban Planning; <Amended by Ordinance No. 4355, Dec. 29, 2005; Ordinance No. 4879, Nov. 11, 2009>
2. Relaxation of restrictions on the height of buildings: Not more than the height calculated by the following formula:
[1+{the area of public place, etc. - (the area of public place, etc., the creation of which is obligatory, or five percent of the area of the building site if such creation is not obligatory)}/the area of the building site] × the height under Article 60 of the Act; <Amended by Ordinance No. 4879, Nov. 11, 2009>
3. In relaxing the building standards under subparagraphs 1 and 2, the area of public place, etc. shall be calculated on the basis of the area excluding that of landscaping under Article 42 of the Act, and only 1/2 of the area of public place, etc. that has pilotis or built underground under paragraph (2) 7 of this Article shall be included. <Amended by Ordinance No. 4006, May 20, 2002; Ordinance No. 4355, Dec. 29, 2005; Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>

Article 27 (Designation of Roads) Pursuant to Article 45 (1) of the Act, the permitting authority may designate a de facto road which has been used by residents for passage for a long period as a road, following deliberation by the competent committee without the consent of interested parties, if the road falls under any of the following: <Amended by Ordinance No. 4879, Nov. 11, 2009>
1. A covered river or ditch site;
2. An embankment road;
3. A road in a park. <Amended by Ordinance No. 4879, Nov. 11, 2009>

CHAPTER Ⅴ BUILDINGS IN AREAS AND DISTRICTS Article 28 (Measures for Buildings Sites Stretching over Areas and Districts)

Article 29 (Restrictions on Partition of Sites with Buildings) If the site of a building is partitioned pursuant to Article 57 (1) of the Act and Article 80 of the Decree, the site of the building shall not be smaller than the size specified in any of the following subparagraphs, whichever is relevant: <Amended by Ordinance No. 4879, Nov. 11, 2009>
1. Residential areas: 90 square meters;
2. Commercial areas: 150 square meters;
3. Industrial areas: 200 square meters;
4. Green belts: 200 square meters; or
5. Areas not falling under subparagraphs 1 through 4: 90 square meters.

Article 30 (Open Space in Building Sites) The standards for the distance from the building line or the boundary line of an adjacent site to each part of a building under Article 58 of the Act and Article 80-2 of the Decree are as set out in Table Ⅳ. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 31 (Areas where Buildings Joined by Outer Walls are Permissible) Pursuant to Article 81 (1) 2 of the Decree, two or more buildings joined by outer walls may be built only at a building site abutting a road at least 20 meters wide in any area other than greenbelts. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 32 (Standards for Construction of Buildings Joined by Outer Walls) The standards for construction of two or more buildings joined by outer walls under Article 81 (4) of the Decree are as follows: Provided, That each district-unit planning zone shall be bound by the building standards set for the relevant district-unit planning zone: <Amended by Ordinance No. 4879, Nov. 11, 2009>
1. The use of buildings: The buildings shall not be apartment buildings set out in subparagraph 2 (a) of Table 1 to the Decree; <Amended by Ordinance No. 4879, Nov. 11, 2009>
2. The number of buildings: It shall not be more than two;
3. The number of floors of buildings: The number of floors of the part in which outer walls face each other shall not be more than five.

Article 33 (Restrictions on Building Height by Street Zone) The maximum height of a building that the Mayor determines for the management of the city under Article 60 (2) of the Act shall be as follows: <Amended by Ordinance No. 4879, Nov. 11, 2009>
1. The maximum height of a residential building (excluding any of the following buildings) in a Class Ⅰ exclusive residential area shall not exceed two floors and eight meters, and the maximum height of a building used for any purpose other than for residence (excluding buildings used for residence as well as for any other purpose) shall not exceed two floors and eleven meters; <Amended by Ordinance No. 4879, Nov. 11, 2009>
(a) Buildings whose foot of the first floor is more than 0.5 meters above the ground and whose height given by adding eight meters to such more than 0.5 meters does not exceed twelve meters;
(b) Buildings with the inclination of roof of not less than three to ten, which are twelve or less meters in height; <Amended by Ordinance No. 4879, Nov. 11, 2009>
2. The maximum height of a building by street zone (including any street zone to which the relevant area or district belongs) in a commercial area, fine view district, or any other zone deemed necessary by the Mayor for the creation of urban scenery shall be designated and publicized by the Mayor. In such cases, details of the intended designation shall be disclosed to residents in advance for public inspection for fifteen or more days and then submitted to the Metropolitan Committee for deliberation; <Amended by Ordinance No. 4879, Nov. 11, 2009>
3. The maximum height of a building in a district-unit planning zone, an urban environment maintenance and improvement zone and a readjustment district in which the maximum height of a building by street zone is neither designated nor publicized shall conform to the following standards: <Amended by Ordinance No. 4167, Dec. 30, 2003; Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(a) The maximum height of a building in a district-unit planning zone shall conform to the standards set out in the construction plan for the relevant zone; <Amended by Ordinance No. 4879, Nov. 11, 2009>
(b) The maximum height of a building in an urban environment maintenance and improvement zone shall conform to the standards set out in the Seoul Metropolitan Government Ordinance on the Maintenance and Improvement of Urban and Residential Environment; <Amended by Ordinance No. 4167, Dec. 30, 2003; Ordinance No. 4879, Nov. 11, 2009>
(c) The maximum height of a building in a readjustment district shall conform to the standards set out in a readjustment promotion plan under Article 12 of the Special Act on the Promotion of Urban Area Readjustment; <Newly Inserted by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
4. When the maximum height of a building in the same and identical street zone is determined pursuant to subparagraph 2 or 3, it may differ based upon the use and shape of a building. <Amended by Ordinance No. 4879, Nov. 11, 2009>
5. When it is concluded that relaxing restrictions on the maximum height of a building in each street zone is necessary with regard to a building site, the restrictions may be relaxed subject to deliberation by the competent committee, as provided for in Article 82 of the Decree pursuant to the proviso to Article 60 (1) of the Act. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 34 (Relaxation of Restrictions on Building Height for Zones in Which Maximum Height Is Not Determined) (1) Pursuant to the proviso to Article 51 (3) of the Act, if a building site abuts two or more roads (including traffic squares), the width of the front road of that site shall be determined by the following methods: <Amended by Ordinance No. 4079, Apr. 15, 2003; Ordinance No. 4879, Nov. 11, 2009>
1. The width of the widest of the roads abutting 1/8 or more of the circumference of the said site (hereafter referred to as the "widest road" in this Article) shall apply: Provided, That with respect to a part abutting any other road which is wider than the widest road, the width of the former may apply; <Newly Inserted by Ordinance No. 4079, Apr. 15, 2003; Ordinance No. 4879, Nov. 11, 2009>
2. If there is no road abutting 1/8 or more of the circumference of the said site, the width of the road abutting the widest portion of that circumference (hereafter referred to as "road abutting the widest portion of the circumference" in this Article) shall apply: Provided, That with respect to a part abutting any other road which is wider than the road abutting the widest portion of the circumference, the width of the former may apply. <Newly Inserted by Ordinance No. 4079, Apr. 15, 2003; Ordinance No. 4879, Nov. 11, 2009>
(2) If a height restriction under Article 60 (3) of the Act is applied to any building in a site that abuts a green buffer zone between the building site and a road or that abuts the front road with a park, square, river, railroad, greenbelt, reservoir, motorway, amusement park, or public open place (hereinafter referred to as "open space where construction is prohibited"), the width of the open space where construction is prohibited shall be included in the width of such front road. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>

Article 35 (Restrictions on Building Height for Securing Sunshine, etc.) (1) The distance from each part of a building to the boundary line toward the direct north thereof between the site for the building and any other abutting site which shall be kept for the purpose of securing sunshine in a residential area (excluding any quasi-residential area) under Article 86 (1) of the Decree shall be as follows: Provided, That this shall not apply, for the improvement of fine view of a building, to the distance (including that between two sites between which there exists a road) between sites (including any site, if there exists a buffer greenbelt which is an urban planning facility between any other road and the said site) abutting a road (including driveways) which is twenty or more meters in width, and the distance between two or more sites abutting one of roads which cross each other and each of which is twenty or more meters in width, if those sites abut on each other: <Amended by Ordinance No. 4079, Apr. 15, 2003; Ordinance No. 4879, Nov. 11, 2009>
1. Part which is four or less meters in height: Not less than one meter from the boundary line between the site for the said building and any other abutting site; <Amended by Ordinance No. 4879, Nov. 11, 2009>
2. Part which is eight or less meters in height: Not less than two meters from the boundary line between the site for the said building and any other abutting site; <Amended by Ordinance No. 4879, Nov. 11, 2009>
3. Part which is more than eight meters in height: Not less than 1/2 of the height of each part of the said building from the boundary line between the site for the building and any other abutting site.
(2) The standards of multiples for the calculation of restricted height of a multipurpose shopping-mall building constructed under Article 31 (1) of the Enforcement Decree of the SPECIAL ACT ON THE NURTURING OF TRADITIONAL MARKETS and Shopping Malls shall be as follows: <Amended by Ordinance No. 4355, Dec. 29, 2005; Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
1. General residential area: Three times; <Amended by Ordinance No. 4879, Nov. 11, 2009>
2. Quasi-residential area: Four times; <Amended by Ordinance No. 4879, Nov. 11, 2009>
3. Quasi-industrial area: Four times. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(3) In the case of a multiplex house under the proviso to Article 86 (2) of the Decree, the horizontal distance from the walls where there are windows, etc. for sunlight to the boundaries of adjacent sites at the right angle to the walls shall not be less than one meter, notwithstanding the proviso to the main body of Article 86 (2) 1 of the Decree. <Newly Inserted by Ordinance No. 4534, May 29, 2007>
(4) Pursuant to Article 86 (2) 2 (a) and (b) of the Decree, if two or more buildings face one another on one and the same building site, the distances between sections of such buildings shall not be less than the following distances: <Newly Inserted by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
1. If walls with windows for natural light face one another, the distance between buildings shall not be less than 0.8 times the height of every section of each building at the right angle to the walls, while it shall not be less than 0.5 times in other cases, except as provided for in any Act or subordinate statute; <Newly Inserted by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
2. In the case of a multi-household housing complex, among urban-type residential housing units under Article 3 of the HOUSING ACT')" target="_blank" class="law_link">ENFORCEMENT DECREE OF THE HOUSING ACT, the distance shall not be less than four meters or 0.25 times, whichever is greater; <Newly Inserted by Ordinance No. 4879, Nov. 11, 2009>
3. Notwithstanding subparagraph 1, if the height of a building looking to the south is lower than those of other buildings facing one another and the main entrance of the building faces south, the distance shall not be less than 0.6 times the height of every section of the higher buildings and shall not be less than 0.8 times the height of every section of the lower building. <Newly Inserted by Ordinance No. 4997, Jul. 15, 2010>

CHAPTER Ⅵ SPECIALIZED COMMITTEE FOR CONCILIATION OF BUILDING DISPUTES Article 36 (Establishment, Composition, etc.)

Article 37 (Conciliation Panel and Arbitration Panel) (1) The chairpersons and members of a conciliation panel (hereinafter referred to as the "conciliation panel") and an arbitration panel (hereinafter referred to as the "arbitration panel") organized under Article 94 of the Act shall be appointed by the chairperson of the Specialized Committee for Building Disputes. <Amended by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
(2) The chairperson appointed pursuant to paragraph (1) shall convene and preside over meetings of the panel to which he/she belongs. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(3) If the chairperson of the conciliation panel or arbitration panel intends to convene its meeting, he/she shall, in writing, notify each member of the date, time and place of the meeting and the agenda items of the meeting by not later than five days before the meeting is held: Provided, That the foregoing shall not apply in case of emergency. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 38 (Selection of Representative) If many persons who have a common interest apply for conciliation or arbitration under Article 92 of the Act (hereinafter referred to as "conciliation, etc."), the chairperson may require them to select their representative. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 39 (Request for Appraisal, etc.) The chairperson may request the Korea Institute of Registered Architects or any other juristic person or organization having experts recognized by the Minister of Land, Transport and Maritime Affairs to conduct an appraisal, examination or test to examine applications for conciliation, etc. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4629, May 29, 2008; Ordinance No. 4879, Nov. 11, 2009>

Article 40 (Bearing of Expenses) (1) The scope of expenses which shall be borne by applicants for or parties to conciliation, etc. under Article 102 (3) of the Act shall be as follows: <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
1. Expenses incurred for appraisal, diagnosis and test; <Amended by Ordinance No. 4879, Nov. 11, 2009>
2. Expenses incurred for inspection and investigation; <Amended by Ordinance No. 4879, Nov. 11, 2009>
3. Other expenses incurred for conciliation, etc., such as sound recording expenses, shorthand expenses and other expenses incurred in relation to the attendance of persons for reference: Provided, That expenses incurred in relation to the attendance or official trips of members or staffers of the conciliation panel or arbitration panel, postal rates and telegraph rates shall not be included therein. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(2) If it is found that the amount deposited under Article 102 (2) of the Act is less than the expenses referred to in paragraph (1), the conciliation panel or arbitration panel may require the applicants for or parties to conciliation, etc. to make additional deposits. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(3) If deposits are made under Article 102 (2) of the Act, the conciliation panel or arbitration panel shall prepare a statement of the deposit amount and the settlement of expenses under paragraph (1) and deliver it to the applicant within ten days after the date when a conciliation proposal or arbitration document with respect to the dispute in question is prepared and presented to the parties or their agents or when the refusal or suspension of conciliation, etc. is notified: Provided, That when it is impossible to give a notice due to an event or cause beyond control, the event or cause, the extended period, etc. shall be notified in writing. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>

Article 41 (Allowances) Allowances may be paid to the members or relevant experts who attend a meeting of the Specialized Committee for Building Disputes, to such an extent as the relevant budget permits: Provided, That the foregoing shall not apply when the members who are public officials attend the meeting in direct connection with their duties. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>

Article 42 (Application for Conciliation, etc.) Any person who intends to apply to the Specialized Committee for Building Disputes for conciliation, etc. of any dispute concerning construction shall submit an application in Form Ⅲ attached hereto. <Amended by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>

Article 43 (Detailed Rules on Meetings and Operation) Except as provided for in Articles 36 through 42, matters necessary for the meetings and operation of the Specialized Committee for Building Disputes shall be determined by the chairperson following the resolutions of the Specialized Committee for Building Disputes. <Amended by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>

CHAPTER Ⅷ SUPPLEMENTARY PROVISIONS Article 44 (Application Mutatis Mutandis to Structures, etc.)

Article 45 (Imposition of Charges for Compulsory Compliance) (1) If a violation under Article 80 (1) 1 of the Act is committed in relation to a residential building with total floor area of not more than 85 square meters or if any of the following violations is committed in relation to a residential building, one-half of the charge for compulsory compliance calculated in accordance with Article 80 (1) 1 or 2 of the Act shall be imposed pursuant to the proviso to Article 80 (1) of the Act: <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
1. If the violation falls under any provision to Article 115-2 (1) 1 through 4 of the Decree; <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
2. If no application is filed for a modification to descriptions on the building register in accordance with Article 19 (3) of the Act; <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
3. If a report on a temporary building is not filed in accordance with Article 20 (2) of the Act; <Amended by Ordinance No. 4879, Nov. 11, 2009>
4. If a report on commencement of construction work is not filed in accordance with Article 21 of the Act; <Amended by Ordinance No. 4879, Nov. 11, 2009>
5. If the standards for construction of joining walls under Article 59 of the Act are violated. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(2) If a report on building structures, such as retaining walls, under Article 83 of the Act fails to be filed, the head of the competent Gu shall impose a charge for compulsory compliance not exceeding 1/100 of the standard market price in accordance with subparagraph 15 of Table ⅩⅤ related to Article 115-2 (2) of the Decree. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
(3) Charges for compulsory compliance under paragraph (1) shall be imposed five times in total: Provided, That such charges shall be imposed three times in total if any violation under Article 80 (1) 1 of the Act is committed on or before December 31, 2004 in relation to a residential building with total floor area of not more than 85 square meters. <Amended by Ordinance No. 4006, May 20, 2002; Ordinance No. 4290, Jun. 16, 2005; Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>

Article 46 (Plan for Investigation and Improvement of Buildings in Violation) When the head of a Gu establishes a plan for the investigation and improvement of buildings in violation pursuant to Article 115 (1) of the Decree, he/she shall formulate a quarterly plan for the investigation and improvement of buildings, regarding which he/she may allow an agent to conduct on-site surveys, inspections and confirmations pursuant to Article 27 of the Act, and shall conduct inspections according to such quarterly plan. <Amended by Ordinance No. 4879, Nov. 11, 2009>

Article 47 (Privilege Granted to Awardees of Seoul Citizen Prize) With regard to a design architect who received any of the Seoul Metropolitan Government Architectural Awards under Article 2 of the Seoul Metropolitan Government Ordinance on Citizen Prizes, a mitigated punishment under the penal provisions of the CERTIFIED ARCHITECTS ACT is applicable pursuant to Article 29-2 of the Enforcement Decree of the aforesaid Act. <Amended by Ordinance No. 4103, Jun. 16, 2003; Ordinance No. 4446, Nov. 20, 2006; Ordinance No. 4879, Nov. 11, 2009>

Article 48 (Annex Garage, Installation of Artistic Decorations, etc.) (1) Each parking garage attached to a building shall be governed by the PARKING LOT ACT, the Enforcement Decree of the aforesaid Act, the Enforcement Rule of the aforesaid Act, and the Seoul Metropolitan Government Ordinance on the Installation and Management of Parking Lots. <Amended by Ordinance No. 4879, Nov. 11, 2009>
(2) Except as provided for in this Ordinance, matters concerning the installation of artistic decorations in buildings, etc. shall be governed by the CULTURE AND ARTS PROMOTION ACT, the Enforcement Decree of the aforesaid Act, and the Seoul Metropolitan Government Ordinance on the Promotion of Culture and Arts. <Amended by Ordinance No. 4879, Nov. 11, 2009>

ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Buildings, etc. for which Building Permit was Granted)
Buildings for which a building permit was granted, an application for building permit or report was filed, or an application for approval of a project plan was filed under Article 33 of the Housing Construction Promotion Act, before this Ordinance enters into force, shall be governed by previous provisions: Provided, That amended provisions shall apply where the previous provisions are more unfavorable than the amended provisions with respect to building owners, builders or construction supervisors.
Article 3 (Transitional Measures concerning Appendant Facilities Excluded from Plan for Control of Newly Constructed Unauthorized Buildings)
Appendant facilities excluded from a plan for control of newly constructed unauthorized buildings, out of plans for improvement of buildings in violation developed by the Mayor under Article 74 of the previous Ordinance before this Ordinance enters into force, shall be governed by previous provisions.
Article 4 Omitted.
ADDENDA <Ordinance No. 3823, Jan. 5, 2001>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Buildings, etc. for which Building Permit was Granted)
Buildings for which a building permit was granted, an application for building permit or report was filed, or an application for approval of a project plan was filed under Article 33 of the Housing Construction Promotion Act, before this Ordinance enters into force, shall be governed by previous provisions, but this Ordinance shall apply where the application of previous provisions is unfavorable to applicants for a building permit or report, or for approval of a project plan.
ADDENDA <Ordinance No. 3961, Jan. 5, 2002>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (General Transitional Measures)
Buildings that passed deliberation for construction or for which deliberation for construction was applied before this Ordinance enters into force shall be governed by previous provisions: Provided, That amended provisions shall apply where the previous provisions are more unfavorable than the amended provisions with respect to building owners, builders or construction supervisors.
ADDENDA <Ordinance No. 4006, May 20, 2002>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (General Transitional Measures)
Buildings for which a building permit was granted or an application for building permit or report was filed (including buildings that passed the deliberation process by the Building Committee under Article 5 of the Enforcement Decree of the Building Act for applying for a building permit) before this Ordinance enters into force shall be governed by previous provisions: Provided, That amended provisions shall apply where the previous provisions are more unfavorable than the amended provisions with respect to building owners, builders or construction supervisors.
ADDENDA <Ordinance No. 4008, May 20, 2002>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on July 1, 2002.
Article 2 (Transitional Measures concerning Registered Korean-Style Houses)
(1) At the time this Ordinance enters into force, Korean-style houses registered under Articles 3-2 through 3-4 of the Seoul Metropolitan Government Ordinance on Building and Article 3 of the Seoul Metropolitan Government Rule on Funds Assistance for Repair of Korean-Style Houses, shall be deemed registered under Article 4 of this Ordinance.
(2) At the time this Ordinance enters into force, the subsidization or loan of expenses necessary for the repair of Korean-style houses made under both Articles 3-2 through 3-4 of the Seoul Metropolitan Government Ordinance on Building and the Seoul Metropolitan Government Rule on Funds Assistance for Repair of Korean-Style Houses, or matters concerning such subsidization or loan determined thereunder, shall be deemed to be assistance or determination under this Ordinance.
Article 3 Omitted.
ADDENDA <Ordinance No. 4079, Apr. 15, 2003>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Buildings, etc. for which Building Permit was Granted) Buildings for which a building permit was granted, an application for building permit or report was filed, or an application for approval of a project plan was filed under Article 33 of the Housing Construction Promotion Act (including buildings that passed the deliberation process by the Building Committee under Acts and subordinate statutes for applying for a building permit or approval of a project plan) before this Ordinance enters into force, shall be governed by previous provisions: Provided, That this Ordinance shall apply where the application of previous provisions is unfavorable to applicants for a building permit or report, or for approval of a project plan.
ADDENDA <Ordinance No. 4103, Jun. 16, 2003>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Applicability)
Awarding prizes in the field of environment under Article 2 (1) 3 and in the field of construction under Article 2 (1) 7 shall apply to awarding prizes for the year 2004 onwards.
Article 3 (Repeal of Other Ordinances)
The following Ordinances are hereby repealed:
1. The Seoul Metropolitan Government Ordinance on Seoul Citizen Grand Prize;
2. The Seoul Metropolitan Government Ordinance on Proud Citizen Prize;
3. The Seoul Metropolitan Government Ordinance on Cultural Awards;
4. The Seoul Metropolitan Government Ordinance on Environmental Awards;
5. The Seoul Metropolitan Government Ordinance on Children and Youth Awards;
6. The Seoul Metropolitan Government Ordinance on Transportation Culture Awards.
Article 4 Omitted.
ADDENDUM <Ordinance No. 4130, Jul. 15, 2003>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 4131, Jul. 25, 2003>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Ordinance No. 4167, Dec. 30, 2003>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Ordinance No. 4170, Feb. 27, 2004> <<Invalidated by Supreme Court Decision 2004Chu41, Jun. 11, 2004>>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) (Applicability concerning Submission of Written Confirmation of Installation or Operation of Boilers) The amended provisions of Article 48 shall apply to the installation of boilers for which a building owner contracts with a builder on or after the date when this Ordinance enters into force.
ADDENDA <Ordinance No. 4290, Jun. 16, 2005>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) (Transitional Measures following Change in Frequency of Imposition of Charges for Compulsory Compliance) At the time this Ordinance enters into force, each person on whom a charge for compulsory compliance is imposed four or five times under the previous provisions and who does not pay the charge shall pay such, notwithstanding the amended provisions of the proviso to Article 43 (3).
ADDENDA <Ordinance No. 4355, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 29 (excluding paragraph (2)) shall enter into force on January 18, 2006.
Article 2 (Transitional Measures concerning Members)
At the time this Ordinance enters into force, each member appointed or commissioned under the previous provisions shall be deemed to have been appointed or commissioned under the amended provisions of Article 5.
Article 3 (Transitional Measures concerning Deliberation by Committee)
(1) Each multi-use building in the process of being deliberated by the building committee of the Seoul Metropolitan Government at the time this Ordinance enters into force and which is 30,000 square meters or more but less than 100,000 square meters in total floor area under Article 5 (4) 1 (a) of the Decree or has 16 floors or more but less than 21 floors under Article 5 (4) 1 (b) of the Decree (excluding any building under the amended provisions of Article 6 (1) 1 (d) of this Ordinance) shall be deliberated upon by the building committee of the competent Gu.
(2) The amended provisions of Article 6 (1) 1 (d) and 2 (d) shall apply to buildings to be additionally deliberated upon by the competent building committee, for which application for a building permit or report is filed, or which is deliberated upon by the competent building committee, on or after the date this Ordinance enters into force.
Article 4 (Applicability concerning Standards for Construction of Two or More Buildings Outer Walls of Which Face Each Other)
The amended provisions of Article 26-2 shall apply to buildings for which application for a building permit or report is filed, or which is deliberated upon by the competent building committee, on or after the date this Ordinance enters into force.
Article 5 Omitted.
ADDENDA <Ordinance No. 4446, Nov. 20, 2006>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) Omitted.
ADDENDA <Ordinance No. 4534, May 29, 2007>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14, 14-2, 22 and 25-2 shall enter into force 30 days after the date of its promulgation.
Article 2 (General Transitional Measures)
In any of the following cases before this Ordinance enters into force, the building standards, etc. shall be governed by the previous provisions: Provided, That the amended provisions shall apply when the previous provisions are more unfavorable to building owners, builders or construction supervisors than the amended provisions:
1. Where a building permit has been applied for, or where building is in progress after obtaining a building permit or filing a report;
2. Where deliberation by the competent building committee has been applied for under Article 5 of the Decree for the purpose of applying for a building permit;
3. Where urban management planning related to the district-unit planning has been determined and publicized with respect to a building site under Article 30 (6) of the National Land Planning and Utilization Act (including any case deemed to be so determined and publicized under any other Act): Provided, That the previous provisions may apply only to the building standards included in the district-unit planning.
Article 3 (Transitional Measures concerning Deliberation by Committee)
The amended provisions of Article 6 (1) shall apply to a building for which application for a building permit or report is filed, or which is deliberated upon by the competent building committee, on or after the date this Ordinance enters into force.
Article 4 (Transitional Measures concerning Fees for Building Permit, etc.)
The amended provisions of Table Ⅱ hereto shall apply to a building permit or report, permission for or reporting on a change of the specific use of a building, and reporting on construction of structures filed on or after the date this Ordinance enters into force.
Article 5 (Transitional Measures concerning Deposits for Safety Management of Construction Sites)
The amended provisions of Article 14-2 shall apply to a building permit applied for on or after the date this Ordinance enters into force.
Article 6 (Transitional Measures concerning Approval for Use of Buildings)
Notwithstanding the amended provisions of Article 15-2, those buildings with respect to which approval for use is applied for before this Ordinance enters into force shall be governed by the previous provisions.
Article 7 (Transitional Measures concerning Agency Service for On-site Surveys, Inspections and Confirmations)
The amended provisions of Article 16 (1) shall apply to a building permit, or permission for or reporting on a change of the specific use of a building, applied for on or after the date this Ordinance enters into force, and the amended provisions of Article 16 (2) shall apply to buildings for which approval for use is applied for on or after the date this Ordinance enters into force.
Article 8 (Transitional Measures concerning Certified Architects Performing Duties Vicariously)
Certified architects selected to perform duties vicariously under the previous provisions before this Ordinance enters into force shall be deemed to have been selected under the amended provisions of Article 16 (4) and (5).
Article 9 (Transitional Measures concerning Agency Service Fees)
The amended provisions of Article 17 shall apply to agency service performed under Article 16 on or after the date this Ordinance enters into force.
ADDENDUM <Ordinance No. 4629, May 29, 2008>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4739, Mar. 18, 2009>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4879, Nov. 11, 2009>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4898, Jan. 7, 2010>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4975, Apr. 22, 2010>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4977, Apr. 22, 2010>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4997, Jul. 15, 2010>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.