Building Permits and Report
Building permits- Anyone who intends to construct or undergo a major repair of a building of factory use shall obtain a permit from the Special City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu (Article 11(1) of the Building Act). The term 'construction of building' means to build a new building or to extend, alter or rebuild an existing building, or to relocate a building. The term 'major repair of factory' refers to repairing, altering or extending the structure or external from of columns, beams, bearing walls, main stairways of a building, which does not fall under extension, renovation, or reconstruction (Subparagraphs 8 and 9 of Article 2(1) of the Building Act and Article 3-2 of the Enforcement Decree of the Building Act).
- Anyone who desires to obtain a building permit shall file an application for construction, major repair, or change of use to the Special City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu with the following documents attached (Article 11(3) of the Building Act, Article 6(1) of the Enforcement Regulation of the Building Act).
· Documents concerning the scope of land for construction
· Documents proving the right of ownership of the land for construction
· In the case where the owner does not have the right of ownership of the land but has secured the title to use the land, documents proving the title
· In the case where the owner wants to newly construct, reconstruct, rebuild, or remodel the structure due to the outdated structure or its structural safety issues, written consent agreed by over 80% of those who share the structure or the land and documents proving that the total share of the consenters is 80% or higher
· A prior written decision of location and scale of construction (only when the applicant has received one)
· The architectural drawings and specifications pursuant to the attached Table 2 of the Enforcement Rule of the 「Building Act」 (not including the documents pursuant to Article 14.(1).2.(b) of the 「Building Act」, and not including the construction plans and site plans when a prior decision was made pursuant to Article 10 of the 「Building Act」)
· Applications and attached documents that must be submitted compulsorily according to applicable individual laws for the purpose of any authorization, permission or report under such laws which are subject to legal fiction through construction permission pursuant to Article 11.(5) of the 「Building Act」 (limited to those cases where appropriate)
Deeming of authorizations and permissions for construction permit through Construction report- A report filed in advance with the Special City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor, or the head of Si/Gun/Gu on a project for a building that falls under any of the followings may be deemed to be a grant of a building permit even in cases where the building is subject to a permit (Article 14(1) of the Building Act and Article 11(3) of the Enforcement Decree of the Building Act).
· Extension, renovation or reconstruction of a building, to the extent that its aggregate floor area does not exceed 85m2. However, for a building of 3 stories or more, to the extent that the aggregate floor area to be extended, renovated or reconstructed does not exceed 1/10 of the total floor space of the building
· Erecting a building with a total floor area of less than 200 square meters and less than 3 floors in a controlled area, an agricultural and forest area, or a natural environment conservation area as defined in the 「National Land Planning and Utilization Act」
· Major repair of a building with a total floor area of less than 200 square meters and less than 3 floors
· Major repair of a building without any demolition of its main structural parts
· Erecting any other small buildings
Deeming of authorizations and permissions for the factory construction through the approval of factory establishment and others- When the Special City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor, or the head of Si/Gun/Gu has consulted with the head of the relevant administrative agency regarding permission, authorization, approval, consent, evaluation or reporting falling under the following upon granting a construction permit or receiving a construction report to a person who has been approved for factory establishment and others(including cases where the construction permit and report is deemed to be obtained in the course of approval of factory establishment), it shall be deemed to have obtained the relevant permission (Article 14(1) and (3) of the Industrial Cluster Development and Factory Establishment Act and the latter part of Article 11(5) of the Building Act).
· Permission for the occupation and use of roads (Article 61(1) of the Road Act)
· Permission to install facilities or a structure, reporting on the installation of drainage facilities and reporting on the installation of private sewage disposal facilities (Article 24., 27.(3) and 34.(2) of the 「Sewerage Act」)
· Authorization to install exclusive waterworks (Article 52.(1) of the 「Water Supply and Waterworks Installation Act」)
· Authorization of or reporting on a construction plan of a private power generation facility (Articles 8(1) and 8(2) of the Electric Safety Management Act)
· Agreement on permission for construction and others, reporting on firefighting system installment and permission for installment of a pottery and others (Article 7(1) of the Act on Installation and Management of Firefighting Systems, Article 13(1) of the Firefighting System Installation Business Act, and Article 6(1) of the Act on the Safety Control of Hazardous Substances)
· Permission for developing (only applicable to construction of a building or installation of a structure), designation of an implementor of an urban planning facility project and authorization of an execution plan (Article 56.(1), 86. and 88. of the 「National Land Planning and Utilization Act」)
· Permission to construct a temporary building or reporting thereon and reporting on construction of a structure (Article 20.(1), 20.(3) and 83. of the 「Building Act」)
· Approval for or reporting on the installation of waste disposal facilities (Article 29.(2) of the 「Wastes Control Act」)
· Permission for and reporting the installation of discharge facilities (Article 11. of the 「Act on the Management and Use of Livestock Excreta」)
· Permission for or reporting the installation of discharge and emitting facilities (Article 23 (1) of the 「Clean Air Conservation Act」, Article 33 (1) of the 「Water Environment Conservation Act」, andArticle 8 (1) of the 「Noise and Vibration Management Act」)
· Reporting on the installation of facilities to control specific soil contamination (Article 12 of the Soil Environment Conservation Act)
· Permission to construct a storage facility of explosives (Article 25(1) of the Act on the Safety Management of Guns, Swords, Explosives)
· Permission to construct a liquified petroleum gas storage facility (Article 8.(1) of the 「Safety Control and Business of Liquefied Petroleum Gas Act」)
· Permission to construct a high-pressure gas storage facility (Article 4.(3) of the 「High-Pressure Gas Safety Control Act」)
· Reviewof plans to prevent hazards and risks and safety reports (Article 42 (4) and Article 45 (1) of theIndustrial Safety Act)