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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON BUILDING

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON BUILDING

CHAPTER Ⅰ GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to provide for matters delegated by the Building Act, the Enforcement Decree of the aforesaid Act, the Enforcement Rule of the aforesaid Act, and other relevant Acts and subordinate statutes to be prescribed by a municipal ordinance and matters necessary for the enforcement thereof.





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 the "City").





Article 3 (Relaxed Application) (1) "Areas prescribed by Building Ordinance of a City/Do" in Article 6 (1) 4 of the Enforcement Decree of the Building Act (hereinafter referred to as the "Decree") means any of the following areas designated and publicly announced by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor"): <Amended by Ordinance No. 4997, Jul. 15, 2010; Ordinance No. 6041, Oct. 8, 2015; Ordinance No. 6246, May 19, 2016; Ordinance No. 6620, Sep. 21, 2017; Ordinance No. 6693, Jan. 4, 2018; Ordinance No. 6899, Jul. 19, 2018>
1. Areas designated for preserving historical and cultural resources, such as Hanoks (referring to traditional Korean-style houses) and other architectural assets, old paths and old waterways, which are district unit planning areas within the Historical Downtown Area in Hanyangdoseong, the Seoul City Wall, under subparagraph 1 of Article 2 of the Seoul Metropolitan Government Ordinance on Special Support to Historical Downtown Area in Hanyangdoseong, the Seoul City Wall;
2. Areas where many Hanoks are densely situated under Article 15 (1) of the Seoul Metropolitan Government Ordinance on Value Enhancement of Hanok and Other Architectural Assets;
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;
4. Areas where restoration projects (small unit custom projects) are implemented to preserve historical and cultural resources, such as old paths and old waterways pursuant to Article 8 (1) 8 of the Seoul Metropolitan Government Ordinance on the Improvement of Urban Areas and Residential Environments, among improvement areas designated and announced pursuant to Article 16 of the Act on the Improvement of Urban Areas and Residential Environments for implementing redevelopment projects.
(2) Each person who intends to request the application of relaxed standards under the Building Act (hereinafter referred to as the "Act"), the Decree, the Enforcement Rule of the Building Act (hereinafter referred to as the "Rule") or this Ordinance to a building site or a building (hereinafter referred to as "building site, etc.") pursuant to Article 5 (1) of the Act and Article 6 (1) of the Decree, shall submit a Request for the Application of Relaxed Standards in Form 1 to the permitting authority (referring to the Mayor or the head of an autonomous Gu (hereinafter referred to as "head of a Gu") who has authority to grant a permit for the relevant building; hereinafter the same shall apply) along with relevant documents, such as architectural drawings. <Amended by Ordinance No. 6246, May 19, 2016; Ordinance No. 6899, Jul. 19, 2018>
(3) The permitting authority in receipt of a Request under paragraph (2), shall determine whether to relax standards and the scope of the application of relaxed standards following deliberation by the relevant building committee pursuant to Article 5 (2) of the Act; and shall notify an applicant of the result of its determination within 30 days from the date on which the applicant submits the Request: Provided, That where the relevant building committee considers it necessary to supplement documents or conduct a reexamination after its deliberation, the permitting authority shall notify the applicant of the final result within 30 days from the date on which it receives supplementary documents or on which it requests the relevant building committee to conduct a reexamination. <Amended by Ordinance No. 6246, May 19, 2016; Ordinance No. 6899, Jul. 19, 2018>
(4) Where the permitting authority determines whether to relax standards and the scope of the application of relaxed standards following deliberation by the relevant building committee pursuant to paragraph (3), it shall take the following into consideration and shall relax standards to the minimum extent deemed necessary: <Amended by Ordinance No. 6246, May 19, 2016; Ordinance No. 6899, Jul. 19, 2018>
1. Reasons why it becomes unreasonable to apply the Act, the Decree, the Rule, or this Ordinance (hereinafter referred to as "statutes, etc.") to the relevant building site, etc. shall not have been provided voluntarily by the owner of the building site, etc. or an interested party;
2. The application of relaxed standards shall be based on cases where it becomes unreasonable to apply the relevant provisions of statutes, etc. due to a change in the relevant statutes, systems, etc. or due to distinct physical conditions of the building site, etc.
(5) The following shall be considered to determine the size of extension under subparagraph 1 of Article 2-5 of the Rule, and shall also be considered to ratify an illegal structure included in the part to be extended: <Newly Inserted by Ordinance No. 5184, Oct. 27, 2011; Ordinance No. 6246, May 19, 2016>
1. A building facade plan: Matters concerning the preservation of the existing building, improvement of the rooftop conditions, improvement of signboards, etc.;
2. A structural reinforcement plan;
3. An energy-saving plan;
4. A plan for the construction of alleys, etc., based on policies of the City and autonomous Gus.
(6) A relaxed percentage pursuant to Article 6 (2) 3 (b) of the Decree shall not be more than 120 percent. <Newly Inserted by Ordinance No. 5507, May 16, 2013; Ordinance No. 6900, Jul. 19, 2018>
(7) The floor area ratio to be applied pursuant to Article 6 (2) 5 (b) of the Decree shall be the floor area ratio to which a floor area ratio of community facilities is added not exceeding 120 percent of the floor area ratio that applies to the relevant area: Provided, That the foregoing shall be limited to cases where community facilities are built, which the permitting authority deems necessary. <Newly Inserted by Ordinance No. 5507, May 16, 2013; Ordinance No. 6246, May 19, 2016; Ordinance No. 6900, Jul. 19, 2018>
(8) Community facilities the permitting authority deems necessary pursuant to paragraph (7) shall be any of the following facilities: <Newly Inserted by Ordinance No. 6246, May 19, 2016>
1. A facility for senior citizens, weak people, etc., such as a day-care center and a senior citizen center;
2. A facility for juveniles and for the revitalization of neighboring communities, such as a library and an educational facility.





Article 4 (Special Cases concerning Existing Buildings, etc.) (1) With respect to an existing building or building site that does no longer conform to statutes, etc. due to the enactment or amendment of statutes, etc. or due to reasons under the subparagraphs of Article 6-2 (1) of the Decree, the permitting authority may grant permission for, or accept a report on, construction (limited to reconstruction, extension, or remodeling) or a change of the use thereof in any of the following cases pursuant to Article 6 of the Act and Articles 6-2 and 14 (6) of the Decree: <Amended by Ordinance No. 5377, Nov. 1, 2012, Ordinance No. 5507, May 16, 2013; Ordinance No. 6246, May 19, 2016; Ordinance No. 6700, Jan. 4, 2018; Ordinance No. 6900, Jul. 19, 2018>
1. Where an existing building is rebuilt;
2. Where the part to be extended or remodeled conforms to statutes, etc.;
3. Where the site area for an existing building is smaller than that specified in 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 the total floor area;
4. Where the existing building does no longer conform to Article 55 or 56 of the Act due to the installation of an urban planning facility or due to the construction of a road under the Road Act and so is extended within the extent of the total floor area of the existing building to build toilets, staircases, or elevators and maintain the functions of the building otherwise.
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 vacant land within a building site under attached Table 4 related to Article 30 of this Ordinance pursuant to Article 58 of the Act, and the existing building is extended to the extent not violating statutes, etc. at the time of the construction thereof;
6. Where the use to be changed, facility standards, etc. conform to the relevant statutes, etc.: Provided, That the provisions of Article 30 may not apply where the distance from the construction line of the existing building built before May 29, 2007 or the boundary line of an adjoining building site is less than the distance specified in Article 30;
7. Where an existing Hanok is reconstructed as a Hanok.






CHAPTER Ⅱ BUILDING COMMITTEE Article 5 (Organization) (1) A Building Committee to be established in the Seoul Metropolitan Government (hereinafter referred to as the "Metropolitan Committee") pursuant to Article 5-5 (1) of the Decree shall be comprised as follows: <Amended by Ordinance No. 5137, Jul 28, 2011; Ordinance No. 5208, Dec. 29, 2011; Ordinance No. 5377, Nov. 1, 2012, Ordinance No. 5507, May 16, 2013; Ordinance No. 5767, Dec. 11, 2014; Ordinance No. 6041, Oct. 8, 2015; Ordinance No. 6246, May 19, 2016; Ordinance No. 6900, Jul. 19, 2018>
1. The Metropolitan Committee shall be comprised of not less than 25 nor more than 150 members, including one chairperson and one vice chairperson, in consideration of gender equality: Provided, That where the Metropolitan Committee executes deliberation pursuant to Article 5-5 (1) 7 of the Decree, it shall arrange so that the number of experts in the relevant field may be at least 1/4 of the number of members who attend its meetings to execute deliberation. In such cases, if necessary, it may appoint or commission related experts who only attend its meetings to execute the relevant deliberation;
2. The Mayor may appoint or commission members of the Metropolitan Committee pursuant to Article 5-5 (4) of the Decree;
3. The Mayor shall appoint or commission the chairperson and the vice chairperson of the Metropolitan Committee among members he/she appoints or commissions pursuant to subparagraph 2;
4. The term of office of members who are not public officials shall be two years, and they may serve a second consecutive term only;
5. Where the Mayor appoints public officials as members, he/she shall appoint such members not more than 1/4 of the total number of the members;
6. The Mayor shall commission members who are not public officials on the recommendation of a related organization or institution, such as a learned society or association related to architecture or through procedures for recruitment.
(2) A Building Committee to be established in each Gu of Seoul Special Metropolitan City (hereinafter referred to as the "Gu Committee") pursuant to Article 5-5 (1) of the Decree shall be comprised as follows: <Amended by Ordinance No. 5377, Nov. 1, 2012, Ordinance No. 5507, May 16, 2013; Ordinance No. 6041, Oct. 8, 2015; Ordinance No. 6246, May 19, 2016; Ordinance No. 6900, Jul. 19, 2018>
1. The Gu Committee shall be comprised of not less than 25 nor more than 60 members, including one chairperson and one vice chairperson, in consideration of gender equality: Provided, That where the Gu Committee executes deliberation pursuant to Article 5-5 (1) 7 of the Decree, it shall arrange so that the number of experts in the relevant field may be at least 1/4 of the number of members who attend its meetings to execute deliberation. In such cases, if necessary, it may appoint or commission related experts who only attend its meetings to execute the relevant deliberation;
2. The head of each Gu shall appoint or commission members of the Gu Committee pursuant to Article 5-5 (4) of the Decree;
3. The head of each Gu shall appoint or commission the chairperson and the vice chairperson of the Gu Committee among its members he/she appoints or commissions pursuant to subparagraph 2;
4. The term of office of members who are not public officials shall be two years, and they may serve a second consecutive term only;
5. Where the head of each Gu appoints public officials as members, he/she shall appoint such members not more than 1/4 of the total number of the members;
6. The head of each Gu shall commission members who are not public officials on the recommendation of a related organization or institution, such as a learned society or association related to architecture or through procedures for recruitment.





Article 5-2 (Disqualification of, Challenge to, or Voluntary Refrainment by, Members) (1) Where a member of the Metropolitan Committee or each Gu committee (hereinafter referred to as "committee") under Article 5 falls under any of the following, he/she shall be disqualified from deliberation or voting: <Amended by Ordinance No. 6041, Oct. 8, 2015; Ordinance No. 6246, May 19, 2016>
1. Where the member or a person who is or was his/her spouse becomes a person directly involved in the relevant agenda item (where the person directly involved is a corporation, organization, etc., including its executive; hereafter the same shall apply in this subparagraph and subparagraph 2) or a person who holds the right jointly or is jointly liable for obligations with the person directly involved in the relevant agenda item;
2. Where the member is or was a relative of the person directly involved in the relevant agenda item;
3. Where the member has provided advice, conducted research, provided services (including a subcontract), made an appraisal or conducted an inspection regarding the relevant agenda item;
4. Where the member or a corporation, organization, etc. to which he/she belongs is or was an agent of the person directly involved in the relevant agenda item;
5. Where a company, etc., in which the member holds office or held office in the last three years as an executive or an employee, has provided advice, conducted research, provided services (including a subcontract), made an appraisal or conducted an inspection regarding the relevant agenda item.
(2) Where a person directly involved in the relevant agenda item has a reason based on which it is difficult for him/her to expect a fair deliberation or voting from a member, he/she may apply for a challenge to the committee, and the committee shall determine the challenge by its vote. In such cases, the party to the challenge shall not participate in voting. <Newly Inserted by Ordinance No. 6041, Oct. 8, 2015>
(3) Where a member who has a reason for disqualification under paragraph (1), he/she shall voluntarily refrain from deliberation or voting of the relevant agenda item. <Newly Inserted by Ordinance No. 6041, Oct. 8, 2015>
[This Article Newly Inserted by Ordinance No. 5507, May 16, 2013]





Article 5-3 (Dismissal or Decommissiong of Members) Where a member of the relevant Building Committee falls under any of the following, the Mayor or the head of a Gu may dismiss or decommission the relevant member from office: <Amended by Ordinance No. 6246, May 19, 2016; Ordinance No. 6900, Jul. 19, 2018>
1. Where he/she is unable to perform his/her duties due to a mental or physical disorder;
2. Where he/she is deemed unfit to be a member due to dereliction of duty, injury to dignity or other reasons;
3. Where he/she fails to voluntarily refrain from deliberation or voting though he/she falls under any of Article 5-2 (1).
[This Article Newly Inserted by Ordinance No. 6041, Oct. 8, 2015]





Article 6 (Subcommittees) (1) Where it is necessary to efficiently execute deliberation, each committee may establish and operate subcommittees to seek advice from them.
(2) Each subcommittee shall be comprised of at leastfive members, and its chairperson shall be elected by and from among its members.
(3) Deleted. <by Ordinance No. 6041, Oct. 8, 2015>
(4) Articles 7 through 14 shall apply mutatis mutandis to meetings and the operation of the subcommittees.





Article 6-2 (Expert Committees) (1) Where it is necessary to efficiently execute deliberation, each committee may establish the expert committee for construction-related civil petitions and expert committees in each field of building plans, building structures, building facilities, etc. (hereinafter referred to as "expert committee") pursuant to Article 4 (2) of the Act and Article 5-6 of the Decree. <Amended by Ordinance No. 6900, Jul. 19, 2018>
(2) Each expert committee of the Metropolitan Committee shall be comprised of at least five members of the Metropolitan Committee and each expert committee of the Gu Committee shall be comprised of at least five members of the Gu Committee. The chairperson of each expert committee shall be elected by and from among its members. <Amended by Ordinance No. 6900, Jul. 19, 2018>
(3) Where agenda items are deliberated by the expert committee in lieu of deliberation by the committee, such agenda items shall be deemed deliberated by the committee.
[This Article Newly Inserted by Ordinance No. 6041, Oct. 8, 2015]





Article 6-3 (Composition, etc. of Expert Committee for Construction-Related Civil Petitions) (1) Each expert committee for construction-related civil petitions under Article 4-4 of the Act shall be comprised of not more than ten members, including one chairperson. <Amended by Ordinance No. 6246, May 19, 2016>
(2) The Mayor shall appoint or commission members of the Metropolitan expert committee for construction-related civil petitions and the head of each Gu shall appoint or commission members of the autonomous Gu expert committee for construction-related civil petitions from among the following persons who have extensive knowledge and experience concerning construction or law, in consideration of gender equality: Provided, That where he/she appoints public officials as members, he/she shall appoint such members not more than 1/4 of the total number of members: <Amended by Ordinance No. 6246, May 19, 2016; Ordinance No. 6370, Jan. 5, 2017; Ordinance No. 6900, Jul. 19, 2018>
1. Persons holding office of public official in Grade 5 or above;
2. Persons holding office of assistant professor or above teaching construction or law in a college or university under the Higher Education Act;
3. Persons hold office of judge, prosecutor or attorney-at-law;
4. Persons who have reported the establishment of an architectural firm and engage in business as certified architects pursuant to the Certified Architects Act;
5. Persons who engage in business as professional engineers in the field of construction under the National Technical Qualifications Act;
6. Persons with extensive knowledge and experience concerning construction work or the construction industry who has at least seven years' work experience in the field of construction work or the construction industry.
(3) Each chairperson shall represent the relevant expert committee for construction-related civil petitions and preside over its affairs. <Amended by Ordinance No. 6900, Jul. 19, 2018>
(4) The term of office of members who are not public officials shall be two years, and they may serve a second consecutive term only.
(5) Deleted. <by Ordinance No. 6900, Jul. 19, 2018>
[This Article Newly Inserted by Ordinance No. 6041, Oct. 8, 2015]





Article 6-4 (Operation of Expert Committee for Construction-Related Civil Petitions) (1) The chairperson of each expert committee for construction-related civil petitions shall convene and preside over its meetings where an application for deliberation under Article 4-5 (1) of the Act is filed. <Amended by Ordinance No. 6900, Jul. 19, 2018>
(2) Where the chairperson of each expert committee for construction-related civil petitions intends to convene a meeting, he/she shall notify each member of the date and time, the place and agenda items of the meeting in writing at least five days before he/she holds the meeting: Provided, That in case of emergency, the foregoing shall not apply. <Amended by Ordinance No. 6246, May 19, 2016; Ordinance No. 6900, Jul. 19, 2018>
(3) A quorum for the meeting of each expert committee for construction-related civil petitions shall be a majority of the incumbent members; and pass resolutions with concurring votes of a majority of the members present. <Amended by Ordinance No. 6246, May 19, 2016>
(4) Where several applicants who have common interests exist, the chairperson of each expert committee for construction-related civil petitions may recommend the applicants to select their representative. <Amended by Ordinance No. 6900, Jul. 19, 2018>
(5) Related regulations of the committee shall apply mutatis mutandis to other necessary matters concerning the operation of the expert committee for construction-related civil petitions. <Amended by Ordinance No. 6900, Jul. 19, 2018>
[This Article Newly Inserted by Ordinance No. 6041, Oct. 8, 2015]





Article 7 (Functions, Procedures, etc.) (1) Matters to be deliberated by each committee under Article 5-5 (1) of the Decree shall be classified as follows: <Amended by Ordinance No. 4898, Jan. 7, 2010; Ordinance No. 4997, Jul. 15, 2010; Ordinance No. 5184, Oct. 27, 2011; Ordinance No. 5377, Nov. 1, 2012; Ordinance No. 5507, May 16, 2013; Ordinance No. 5985, Jul. 30, 2015; Ordinance No. 6041, Oct. 8, 2015; Ordinance No. 6246, May 19, 2016; Ordinance No. 6346, Sep. 29, 2016; Ordinance No. 6625, Sep. 21, 2017; Ordinance No. 6900, Jul. 19, 2018>
1. Matters to be deliberated 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 statutes and the scope of application thereof under Article 5 of the Act (applicable only where the Mayor is the permitting authority);
(c) The following matters concerning public-use buildings, buildings within fine view districts and buildings for sale, subject to deliberation under Article 5-5 (1) 8 of the Decree:
i) Matters concerning the construction works of a building, the total floor area of which is at least 100,000 square meters or a building with at least 21 floors;
ii) Matters concerning the construction works of buildings under Article 5-5 (1) 4 through 6 of the Decree to be executed by the Seoul Government or a public corporation established by the Seoul Government;
iii) Matters falling under any of sub-items i) and ii) concerning structural safety of public-use buildings and special-structure buildings;
(d) Matters concerning the determination of the statutory maximum floor area ratio under Article 54 (3) 7 of the Act on the Improvement of Urban Areas and Residential Environments
(e) Deleted. <by Ordinance No. 6041, Oct. 8, 2015>
(f) Matters concerning whether a building on which an application for deliberation by the building committee is filed is appropriate for the purpose of designating a special building zone pursuant to Article 72 (1) and (2) of the Act ; and concerning a special exception plan, etc. (excluding cases where a Hanok is built);
(g) The following matters concerning buildings under item (c):
i) Matters concerning an architectural design for a building for which excavation works are performed down to a depth of at least ten meters or at least two basement levels, and at least five-meter high retaining walls are constructed;
ii) Matters concerning an architectural design for a building for which the aggregate of the height of stone walls, retaining walls, etc. and the depth of excavation is at least ten meters, and for which excavation works are performed down to less than two basement levels where stone walls, retaining walls, etc. are located within the scope of influence of excavation;
iii) Other matters concerning an architectural design for a building for which the permitting authority deems it necessary to deliberate on excavation in consideration of the site conditions of the relevant building site, such as soil conditions, the groundwater level and an excavation plan;
(h) Advice concerning the designation of a remodeling promotion zone under Article 6 (1) 6 of the Decree;
(i) Other matters subject to deliberation under statutes, and matters the Mayor tables at a meeting of the Committee because he/she deems it necessary to seek advice from the Committee.
2. Matters to be deliberated by each Gu committee:
(a) Matters concerning the designation of building lines under Article 46 (2) of the Act;
(b) Matters concerning whether to relax building-related statutes and the scope of application thereof under Article 5 of the Act (applicable only where the head of a Gu is the permitting authority);
(c) Matters concerning the construction works of buildings which do not fall under subparagraph 1 (c) and (d), but fall under Article 5-5 (1) 4 through 6 of the Decree and within a fine view district (Provided, That buildings which the permitting authority deems to have no impact on a fine view, which abut the back lane within the fine view district, shall be excluded): Provided, That in cases of buildings for sale, matters concerning the construction works of the following buildings shall be deliberated by each Gu committee:
(i) A building, the total floor area of which is at least 3,000 square meters;
(ii) A multi-.unit housing with at least 20 households (urban-type life housing (studio type) with at least 30 households);
(iii) An officetel with at least 20 rooms.
(d) Matters falling under paragraph (1) 1 (g) i) through iii) concerning buildings which do not fall under paragraph (1) 1 (c);
(e) Matters concerning the dismantlement of an existing building which has at least five floors above ground or is at least 13 meters high, or which has at least two basement floors or is at least five meters deep (Provided, That the foregoing shall not apply where deliberation on the dismantlement of an existing building is included in deliberation under paragraph (1) 1 (c) and (g); and the dismantlement of the existing building within an area for an improvement project under the Act on the Improvement of Urban Areas and Residential Environments) is subject to deliberation;
(f) Advice concerning the designation of a remodeling promotion zone under Article 6 (1) 6 of the Decree;
(g) Other matters subject to deliberation under statutes, and matters the head of a Gu tables at a meeting of the Gu committee because he/she deems it necessary to seek advice from the Gu committee.
(2) The following matters concerning buildings (including the existing building) which have been deliberated by the committee pursuant to paragraph (1), may be exempted from deliberation by the relevant building committee: Provided, That the foregoing shall not apply where the committee requires rectifications at the time of deliberation or the conditions of deliberation are modified: <Amended by Ordinance No. 5184, Oct. 27, 2011; Ordinance No. 5377, Nov. 1, 2012; Ordinance No. 5507, May 16, 2013; Ordinance No. 6246, May 19, 2016; Ordinance No. 6700, Jan. 4, 2018; Ordinance No. 6900, Jul. 19, 2018>
1. Matters falling under Article 5 (2) of the Decree;
2. Alteration of windows and doors or railings of a building;
3. Increase or decrease of areas for public open space, landscaping space, etc. which should be secured pursuant to statutes, by up to ten percent; or change of the location of a building by less than one meter;
4. Change of the core location of a building by less than two meters or the location of the major flow thereof by less than ten meters;
5. Deleted. <by Ordinance No. 5377, Nov. 1, 2012>
(3) Any person who intends to build a building under paragraph (1) may file an Application for Deliberation in Form 2 with the Committee before he/she applies for a building permit under Article 11 of the Act: Provided, That when any person other than a landowner (excluding an improvement project implementer under the Act on the Improvement of Urban Areas and Residential Environments) files an application for deliberation, he/she shall submit written consents of landowners who own at least two-thirds of the area of land. <Amended by Ordinance No. 6900, Jul. 19, 2018>
(4) The head of a Gu may submit a request for deliberation along with his/her opinion where 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. 6900, Jul. 19, 2018>
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for deliberation on a building plan by the committee shall be prescribed by the Rule.





Article 8 (Duties of Chairperson) (1) The chairperson shall preside over the affairs of the committee and represent it. <Amended by Ordinance No. 6900, Jul. 19, 2018>
(2) The vice chairperson shall assist the chairperson, and perform the duties of the chairperson on his/her behalf where the chairperson is unable to perform his/her duties.





Article 9 (Meetings, etc.) (1) The chairperson of the committee shall convene meetings of the committee and chair the meetings.
(2) Each meeting of the Committee shall be comprised of the chairperson and not less than 9 nor more than 21 members he/she designates in consultation with the vice chairperson for each meeting; and a quorum for a meeting of the committee shall be a majority of its constituent members and adopt resolutions by concurring votes of a majority of those present. <Amended by Ordinance No. 4997, Jul. 15, 2010; Ordinance No. 5103, May 26, 2011; Ordinance No. 5266, Mar. 15, 2012>
(3) through (5) Deleted. <by Ordinance No. 6041, Oct. 8, 2015>
(6) The chairperson shall determine the agenda item of a meeting and members to participate in deliberation at least ten days before he/she holds the meeting; and shall notify each member of the agenda item to be taken up at the meeting at least seven days before he/she holds the meeting: Provided, That the foregoing shall not apply where the agenda item should be kept confidential or where extenuating circumstances exist. <Newly Inserted by Ordinance No. 5507, May 16, 2013>
(7) Where the chairperson determines members to participate in deliberation pursuant to paragraph (6), he/she shall notify an applicant for deliberation of a list of members. <Newly Inserted by Ordinance No. 5507, May 16, 2013>
(8) Among matters subject to deliberation under Article 7, the chairperson shall hold a meeting of the Committee to deliberate on matters concerning the construction, etc. of a building under Article 11 of the Act within 30 days from the date of receiving an application for deliberation. <Newly Inserted by Ordinance No. 5507, May 16, 2013>





Article 10 (Keeping of Minutes, etc.) (1) Each committee shall prepare and keep minutes or written deliberations and resolutions.
(2) Each committee may have a stenographer to take minutes.
(3) Each committee shall have an administrative secretary to conduct administrative affairs, and a person appointed by the chairperson from among the employees belonging thereto shall become the administrative secretary. <Amended by Ordinance No. 6899, Jul. 19, 2018>





Article 11 (Confidentiality) No committee member or person involved in the affairs of each committee shall disclose any confidential information he/she has become aware of in the course of performing his/her duties to a third party.





Article 12 (Request for Submission of Materials, etc.) (1) If deemed necessary, each committee may conduct a field inspection or summon related public officials, appropriate experts, architects, or contractors to appear and make statements at a meeting of the committee or demand a related agency or organization to submit relevant materials.
(2) Upon request by a project owner, an architect, an applicant for deliberation, etc., each committee may allow him/her to attend its meeting to make explanations concerning the relevant agenda item, etc. <Newly Inserted by Ordinance No. 5507, May 16, 2013>





Article 13 (Allowances) Allowances or travel expenses may be reimbursed to the members who attend meetings of each committee within budgetary limit: Provided, That this shall not apply where members who are public officials attend such meetings in direct connection with their duties. <Amended by Ordinance No. 6899, Jul. 19, 2018>





Article 14 (Operating Rules) Except as otherwise expressly provided for in this Ordinance, matters concerning the meetings and operation of each committee shall be determined by the chairperson following a resolution by the committee.






CHAPTER Ⅲ CONSTRUCTION OF BUILDINGS Article 15 (Fees for Building Permits, etc.) Fees under Article 17 (2) of the Act and Article 10 (1) of the Rule shall be as specified in attached Table 2: Provided, That such fees shall not be collected when a building is constructed or renovated for disaster relief. <Amended by Ordinance No. 5377, Nov. 1, 2012; Ordinance No. 6246, May 19, 2016>]





Article 16 (Deposits for Safety Control of Construction Sites, etc.) (1) "Building specified by Municipal Ordinance of the competent local government" in Article 13 (2) of the Act means a building whose total floor area is at least 1,000 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 at least 1,000 square meters. <Amended by Ordinance No. 6041, Oct. 8, 2015; Ordinance No. 6900, Jul. 19, 2018>
(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, Infrastructure and Transport pursuant to Article 14 (2) of the Seoul Metropolitan Area Readjustment Planning Act by the total floor area: <Amended by Ordinance No. 6041, Oct. 8, 2015; Ordinance No. 6900, Jul. 19, 2018>
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 (limited to 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 (limited to the part with total floor area of more than 10,000 square meters);
3. If total floor area is more than 30,000 square meters: An amount calculated in accordance with subparagraph 2 (limited to 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 (limited to the part with total floor area of more than 30,000 square meters);
(3) A deposit may be made in cash or replaced by a letter of guarantee referred to in Article 10-2 (1) of the Decree. <Amended by Ordinance No. 6041, Oct. 8, 2015>
(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. 6900, Jul. 19, 2018>
1. If total floor area is not more than 10,000 square meters: A period of not less than six or up to 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 or less than ten months;
3. If total floor area is more than 30,000 square meters: A period of not less than ten nor 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.
(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. 6246, May 19, 2016; Ordinance No. 6900, Jul. 19, 2018>
(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. 6041, Oct. 8, 2015>





Article 17 (Temporary Buildings) (1) Temporary buildings which may be permitted to be constructed 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. 6900, Jul. 19, 2018>
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;
3. The temporary buildings shall have three or less floors;
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.
(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 causes a problem to the project.
(3) "Other buildings specified by Ordinance on Building" in Article 15 (5) 16 of the Decree means those specified in the following table: <Amended by Ordinance No. 4977, Apr. 22, 2010; Ordinance No. 5377, Nov. 1, 2012; Ordinance No. 6041, Oct. 8, 2015; Ordinance No. 6246, May 19, 2016; Ordinance No. 6304, Jul. 14, 2016>

※ "Other buildings specified by Ordinance on Building" in Article 15 (5) 16 of the Decree is attached as a file


(4) Pursuant to subparagraph 2 of Article 18 of the Decree, design documents for a temporary building under the subparagraphs (excluding subparagraphs 2 and 4) of Article 15 (5) of the Decree may be prepared by any person other than a certified architect. <Newly Inserted by Ordinance No. 4997, Jul. 15, 2010; Ordinance No. 6900, Jul. 19, 2018>





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 a pre-use inspection 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 deemed necessary. <Amended by Ordinance No. 6246, May 19, 2016>





Article 18-2 (Recruitment and Designation of Project Supervisors) (1) The Mayor shall publicly recruit project supervisors pursuant to the following in consultation with the head of each Gu to prepare the register of project supervisors pursuant to Article 25 (2) of the Act and Article 19-2 (2) of the Decree:: <Amended by Ordinance No. 6620, Sep. 21, 2017>
1. He/she shall publicly recruit project supervisors at least once a year on a regular basis to prepare the register of project supervisors;
2. Where he/she intends to recruit project supervisors, he/she shall publicly post a recruitment notice in a place were project supervisors within the relevant jurisdiction may access easily, such as the website of the Government and of each autonomous Gu, the Architectural Information System and the website of the related association, for at least 20 days;
3. A project supervisor shall be a certified architect under the main sentence of Article 19-2 (2) of the Decree, who belongs to an architectural firm located in the City.
(2) Where the Mayor receives an Application for Registration in Form 5 from a certified architect who applies for the registration of a project supervisor pursuant to paragraph (1), he/she shall directly enter the name of the relevant certified architect in the Register of Project Supervisors in Form 6 and manage the Register only where the certified architect falls under the following and has no ground for de-registration thereof under paragraph (6); and shall publicly notify the Register of Project Supervisors through the website, etc. of the Government and of each autonomous Gu: Provided, That the Mayor may prepare, utilize, manage and publicize the Register of Project Supervisors in consideration of project supervision work loads, the distribution of certified architects, etc. in consultation with the heads of Gus; and may specially determine and announce guidelines concerning the establishment of a geographical area and an application for registration of a project supervisor after hearing the opinion of an institution that conducts affairs on his/her behalf under paragraph (9): <Amended by Ordinance No. 6900, Jul. 19, 2018>
1. A person who is not ordered to suspend business or is not suspending operations as of the date of announcing the recruitment of project supervisors;
2. A person who has not been subject to administrative disposition more severe than the suspension of business within one year before the date of announcing the recruitment of project supervisors;
3. A person in whose case two years have elapsed from the date he/she was subject to de-registration of a project supervisor because he/she falls under paragraph (5) 4 through 6 as of the date of announcing the recruitment of project supervisors;
4. A person who has not been appointed as a full-time project supervisor of another construction site as of the date of filing an application for the registration of a project supervisor.
(3) Where a project supervisor registered in the Register of Project Supervisors pursuant to paragraph (2) becomes unable to perform the project supervision duties due to the following reasons, he/she shall submit a Request for Postponement of the Designation of a Project Supervisor in Form 8 to the permitting authority within seven days from the date the relevant reason arises; where matters concerning the establishment of an architectural firm are altered, he/she shall submit alterations to the permitting authority within seven days from the date the relevant matters are altered; and where administrative disposition more severe than the suspension of business is imposed under the relevant statutes, such as the Act and the Certified Architects Act, he/she shall submit the result of the administrative disposition within seven days from the date he/she is subject to such administrative disposition: <Amended by Ordinance No. 6900, Jul. 19, 2018>
1. Where he/she receives medical treatment or is hospitalized due to disease for at least 16 days;
2. Where he/she makes a domestic or overseas business trip for at least 16 days;
3. Where a certified architect registered in the Register performs the project supervision duties as a full-time project supervisor;
4. Where he/she becomes unable to perform the project supervision duties in extenuating circumstances (such as a failure to submit documentary evidence).
(4) Where a certified architect registered as a project supervisor falls under the following cases, the permitting authority shall immediately notify the Mayor who manages the Register of Project Supervisors of such cases: <Amended by Ordinance No. 6900, Jul. 19, 2018>
1. Where it has received a Request for Postponement of the Designation of a Project Supervisor pursuant to paragraph (3);
2. Where it has received a report on any alterations to a project supervisor pursuant to paragraph (3);
3. Where the certified architect has been subject to administrative disposition more severe than the suspension of business pursuant to paragraph (3);
4. Where the certified architect becomes unable to perform the project supervision duties in extenuating circumstances.
(5) Where the permitting authority designates a project supervisor pursuant to Article 19-2 (4) of the Decree, it shall appoint the project supervisor on a random basis in principle from among the persons registered in the Register of Project Supervisors prepared pursuant to paragraph (2): Provided, That it shall not designate any of the following persons as a project supervisor: <Amended by Ordinance No. 6900, Jul. 19, 2018>
1. A person who is being subject to the suspension of business or is suspending operations;
2. A person who has closed an architectural firm or return his/her license;
3. A person who has requested the exclusion from designation because it is difficult for him/her to perform the project supervision duties for reasons under the subparagraphs of paragraph (3);
4. A person who has refused the designation as a project supervisor at least twice a year for other than reasons under the subparagraphs of paragraph (3);
5. A person who has sought or accepted money and other valuables from a project owner, etc. other than the contracted price in relation to project supervision;
6. Where the project supervision mediation committee deems a person unfit to be a project supervisor due to dereliction of duty, injury to dignity and other reasons.
(6) Where the head of a Gu is unable to designate a project supervisor pursuant to paragraph (5), he/she shall immediately notify the Mayor of such case; and the Mayor shall revoke the registration of a project supervisor where he/she deems it is difficult for the project supervisor to perform the project supervision duties in consideration of reasons, the period, etc.
(7) The permitting authority shall notify the relevant project owner, project supervisor, and architect and the Mayor of the designation of the project supervisor pursuant to paragraph (5) within seven days after it receives an application for designation pursuant to Article 19-3 (1) and (2) of the Rule; and shall record the details of designation in the Book of Designation of Project Supervisors in Form 7 and manage the details thereof.
(8) A project owner shall provide the project supervisor designated with architectural design documents necessary to report the commencement of construction works under Article 14 (1) of the Rule within seven days after he/she is notified of the designation thereof so that the project supervisor may efficiently perform the project supervision duties; and the project owner and the project supervisor shall enter into a contract within 14 days after they are notified of the designation thereof.
(9) The Mayor and the head of each Gu may entrust a related association, etc. with affairs concerning the management of the Register of Project Supervisors and the Book of Designation of Project Supervisors.
(10) Where necessary, the permitting authority may check the actual conditions of a project supervisor based on surveys or opinions of a project owner of a building, for which the project supervisor was designated and the use of which was approved; and shall notify the Mayor of the details of the actual conditions thereof.
[This Article Newly Inserted by Ordinance No. 6370, Jan. 5, 2017]





Article 18-3 (Establishment, etc. of Project Supervision Mediation Committee) (1) The permitting authority may establish a project supervision mediation committee to mediate project supervision, such as the designation of a project supervisor, etc. in any of the following cases:
1. Where the permitting authority receives a petition for mediating the designation of a project supervisor from the persons involved in construction, such as a project owner, a design architect, and a project supervisor fails to reach an agreement;
2. Where the project owner of a building evades the designation of a project supervisor for the building at least twice;
3. Where mediation is necessary because it is difficult to perform the project supervision duties for a lengthy period of time due to suspension of construction works, noise, etc.;
4. Where it is necessary to determine whether project supervision duties are suspended for the reasons under Article 18-2 (5).
(2) Articles 6-3 and 6-4 shall apply mutatis mutandis to the formation and operation of a project supervision mediation committee.
(3) An application for mediation under paragraph (1) shall be filed in the form of an Application for Mediation of Project Supervision in Form 9.
[This Article Newly Inserted by Ordinance No. 6370, Jan. 5, 2017]





Article 18-4 (Guidelines concerning Supervision Fees) (1) Where a permitting authority designates a project supervisor pursuant to Article 25 (12) of the Act, the project supervision fee rates under attached Table 5 of the Scope of Certified Architect's Services and Standards for Fees for Public Projects (hereinafter referred to as the "Standards for Fees") under Article 19-3 of the Certified Architects Act shall apply mutatis mutandis to supervision fees for part-time supervision; and the actual cost plus fixed fee formula under Article 14 (2) of the Standards for Fees shall apply mutatis mutandis to supervision fees for full-time supervision, and the project owner shall strictly comply with the Standards for Fees when he/she enters into a contract with a project supervisor. <Amended by Ordinance No. 6900, Jul. 19, 2018>
(2) When calculating supervision fees under paragraph (1), the construction costs shall be based on the the detailed statement of the relevant construction works or the average value for each use in the unit price schedule for construction of new buildings (The Korea Appraisal Board).
(3) When calculating supervision fees under paragraph (1), the attached Table 3 of the Standards for Fees shall apply to the type classifications of buildings.
(4) Where construction costs calculated pursuant to paragraph (2) fall in the middle of constructions costs under attached Table 5 of the Standards for Fees, supervision fees shall be calculated based on linear interpolation.
(5) The project owner and the project supervisor may increase or decrease the amount of supervision fees within 1/10 of supervision fees calculated pursuant to paragraphs (1) through (4).
(6) Where the project owner of a building for which the permitting authority designates a project supervisor pursuant to Article 25 (2) of the Act applies for approval of the use thereof, the permitting authority shall receive a report on the completion of project supervision along with a detailed statement of the receipt of payment of supervision fees, a tax invoice, a copy of the bankbook, etc.; and shall confirm whether supervision fees have been fully paid.
(7) Where a change is made to supervision fees due to a design change, etc., a project supervisor shall submit a modified contract for project supervision.
(8) Where a project supervisor is designated pursuant to other statutes, supervision fees shall be treated separately.
[This Article Newly Inserted by Ordinance No. 6370, Jan. 5, 2017]





Article 19 (Agents for On-Site Surveys, Inspections and Confirmations) (1) Any of the following on-site surveys, inspections and confirmations may be vicariously executed, upon approval of the permitting authority, by the design architect of a building subject to permission pursuant to Article 27 (1) of the Act and Article 20 (1) of the Decree: <Amended by Ordinance No. 6246, May 19, 2016; Ordinance No. 6900, Jul. 19, 2018>
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);
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);
3. On-site surveys, inspections, and confirmations designated and publicized by the permitting authority as deemed necessary.
(2) Where a permitting authority allows a certified architect selected in accordance with the standards set forth in Article 20 (1) of the Decree to vicariously execute on-site surveys, inspections, or confirmations on a building subject to permission 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 vicariously execute on-site surveys, inspections, or confirmations in connection with the approval for use or temporary use. <Amended by Ordinance No. 6246, May 19, 2016; Ordinance No. 6900, Jul. 19, 2018>
(3) If an agent under paragraph (1) files an application for a building permit or any other permit along with a report on investigation or inspection regarding the building permit under Article 21 (1) of the Rule, the agent shall be deemed to have vicariously executed the permitting authority's duties.
(4) The Mayor shall prepare a list of certified architects to vicariously execute duties under paragraph (2) by consulting with the heads of Gus.
(5) When the permitting authority intends to allow a certified architect to vicariously execute its duties pursuant to paragraph (2), it shall select such certified architect using the list prepared pursuant to paragraph (4).
(6) When the permitting authority intends to allow a certified architect 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.