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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE SUPPORT FOR CONSTRUCTION OF GREEN BUILDINGS

Article 1 (Purpose) The purpose of this Ordinance is to contribute to the realization of low carbon, green growth and the promotion of citizens' welfare by reducing greenhouse gas emissions from buildings and by increasing green buildings pursuant to the Green Buildings Construction Support Act.

Article 2 (Definitions) The terms used in this Ordinance are defined as follows: <Amended by Ordinance No. 6016, Oct. 8, 2015>
1. The term "green building" means a building defined in subparagraph 1 of Article 2 of the Green Buildings Construction Support Act;
2. The term "construction of a green building" means building activities conducted to erect a green building or to maintain the performance of a green building or activities conducted to convert an existing building into a green building;
3. The term "new and renewable energy" means the new and renewable energy defined in subparagraphs 1 and 2 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy.

Article 3 (Basic Principles) (1) The construction of green buildings shall be supported in accordance with the following basic principles:
1. Construction of green buildings by reducing greenhouse gas emissions;
2. Construction of environment-friendly and sustainable green buildings;
3. Construction of green buildings by utilizing new and renewable energy and by saving resources;
4. Promotion of energy-efficiency in existing buildings;
5. Achievement of the equilibrium between social classes and between regions in the construction of green buildings.

Article 4 (Responsibilities) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall formulate policies for promoting the construction of green buildings and plans for administrative and financial support necessary for promoting the construction.

Article 5 (Formulation of Plans for Construction of Green Buildings) (1) The Mayor shall formulate and implement a plan for the construction of green buildings for every five-year period (hereinafter referred to as "construction plan") in accordance with the master plan formulated by the Minister of Land, Infrastructure and Transport for green buildings.
(2) "Other matters prescribed by Ordinance of each City/Do in order to support the construction of green buildings" in Article 7 (1) 6 of the Green Buildings Construction Support Act means the following:
1. Support and management for the research and development of green buildings and the training of specialized human resources;
2. Pilot projects for the construction of green buildings;
3. Establishment and operation of information systems for green buildings;
4. Administrative and financial support and full or partial tax reduction or exemption for increasing the number of green buildings;
5. Establishment of standards for the design of green buildings;
6. Other matters that the Mayor deems necessary for supporting the construction of green buildings.

Article 6 (Survey on Actual Condition) (1) In order to secure basic data necessary for the construction of green buildings, the Mayor may conduct surveys on the actual condition of the construction of green buildings.
(2) The Mayor may request the head of a corporation, organization, or institution involved in the construction of green buildings to submit data necessary for conducting the survey on actual condition under paragraph (1), and the head of the corporation, organization, or institution so requested shall comply with the request, in the absence of good cause to the contrary.
(3) Except as prescribed in this Article, the provisions of Article 9 of the Green Buildings Construction Support Act and Article 3 of the Enforcement Rule of said Act shall apply mutatis mutandis to surveys on actual situation.

Article 7 (Persons Obliged to Submit Energy Conservation Plans and Scope of Application) (1) Where a person intends to file an application for building permission, an application for or report on permission for change of use, or an application for the alteration of the entries in the building register under Articles 11 and 19 of the Building Act, he or she shall submit an energy conservation plan prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (including a document in an electronic form) to the competent permitting authority under Article 4-4 (1) of the Building Act (hereinafter referred to as "permitting authority"). <Amended by Ordinance No. 6016, Oct. 8, 2015>
(2) The Mayor may recommend the application of standards stricter than the standards prescribed under Article 13 of the Green Buildings Construction Support Act so as to raise energy efficiency, increase the number of buildings appropriate for the application of technology for energy efficiency, and increase the improved area in each building.
(3) Further details in relation to paragraph (2) shall be prescribed by rule of the Seoul Metropolitan Government.

Article 8 (Support for Construction of Green Buildings) (1) The Mayor may provide financial support for the construction of green buildings, within the budget.
(2) The financial support under paragraph (1) may be provided from the climate change fund under the Seoul Metropolitan Government Ordinance on Establishment and Operation of Climate Change Fund.
(3) The Mayor may provide support for the construction of green buildings in the following manner:
1. Relaxation of building standards according to attached Table 9 of the Standards for Energy Conservation Design of Buildings, publicly notified by the Ministry of Land, Infrastructure and Transport;
2. Full or partial reduction of or exemption from acquisition tax, property tax, etc. in accordance with the Local Tax Act;
3. Subsidization for expenses incurred in the certification under Article 16 or 17 of the Green Buildings Construction Support Act.
(4) If the Mayor deems it necessary, he or she shall request the Minister of Land, Infrastructure and Transport to provide assistance as necessary for implementing pilot projects.

Article 8-2 (Certification of Public Buildings as Green Buildings) The Mayor shall strive to ensure that the following buildings are certified as green buildings under Article 16 of the Green Buildings Construction Support Act:
1. Buildings owned by the Seoul Metropolitan Government (hereinafter referred to as the “Seoul Government”);
2. Buildings owned by public corporations or public agencies affiliated with the Seoul Government;
3. Other buildings newly constructed or remodeled with full or partial financial support from the Seoul Government.
[This Article Newly Inserted by Ordinance No. 6601, Jul. 13, 2017]

Article 9 (Implementation of Pilot Projects for Construction of Green Buildings) Pursuant to Article 24 of the Green Buildings Construction Support Act, the Mayor may designate the following projects as pilot projects:
1. Projects implemented by a public institution;
2. Projects for converting existing houses into green buildings;
3. Projects specified in Article 17 of the Enforcement Decree of the Green Buildings Construction Support Act among the projects for converting any building, except existing houses, into a green building;
4. The following activities conducted for a public building built or approved for use at least 10 years ago:
(a) Installation of a new and renewable energy system, etc. (such system shall be included in cases of construction of a new building);
(b) Improvement of insulation of the building (improvement of insulating materials, windows, doors, etc.);
(c) Installation of Light Emitting Diodes (LEDs) or high-efficiency lighting fixtures;
(d) Installation of an automatic control system for the control of energy in the building;
(e) Installation of facilities for the recovery of waste heat, such as a heat exchanger and a heat pump;
(f) Improvement of the efficiency of air conditioning systems and heating systems, such as high-efficiency boilers, cold and hot water dispensers, and freezers;
(g) Installation of a high-efficiency power substation;
(h) Installation of high-quality products for reducing standby power (certified by the Korea Energy Agency);
(i) Installation of high-efficiency equipment and materials under the Energy Use Rationalization Act;
(j) Installation of a new and renewable energy system (such as sunlight, solar heat, and geothermal heat) for the reduction of energy consumption in the building and self-reliance;
(k) Replacement or new installation of the equipment for the utilization of other unused energy, which is applicable to the building, and facilities for the improvement of efficiency in the conservation and use of energy: Provided, That a technology that has been newly introduced but has never been used for the conservation of energy may be acceptable, only if its performance is certified by a test report or a certificate issued by an officially recognized domestic or foreign laboratory.

Article 10 (Control of Total Energy Consumption of Buildings) (1) The Mayor shall determine and control the total energy consumption of each building under Article 11 of the Green Buildings Construction Support Act.
(2) The Mayor may require a person (owner, contractor, etc.) to whom support has been provided under Article 8 to submit a report on the results of total energy consumption of each building once a year.

Article 11 (Establishment and Operation of Exclusively Responsible Organization) (1) The Mayor may establish and operate an exclusively responsible organization in order to systematically and comprehensively support the construction of green buildings.
(2) The exclusively responsible organization shall perform the following:
1. Implementation and management of pilot projects for the construction of green buildings;
2. Research and development of standards for promoting the construction of green buildings;
3. Technical support for the designing and standardization of green buildings;
4. Establishment and operation of an information system for green buildings;
5. Implementation of, and assistance in, subsidy program for the construction of green buildings;
6. Consulting on, and assistance in, the construction of green buildings;
7. Other matters that the Mayor deems necessary for the construction of green buildings.

Article 12 (Entrustment) Where the Mayor intends to operate the green building center under Article 23 of the Act in order to efficiently manage projects for the construction of green buildings, he or she may entrust the management to a relevant corporation or organization in accordance with the Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to the Private Sector.

Article 13 (Seeking Advice on Construction of Green Buildings) If the Mayor deems it necessary for the construction of green buildings, he or she may seek advice thereon from experts in relevant fields.

Article 14 (Allowances) The Mayor may pay allowances, travel expense, etc. to the persons who participate in rendering advice on projects for the construction of green buildings, within the budget.

Article 15 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance may be prescribed by rule of the Seoul Government.