Regulation of Extension for Temporary Buildings

Abstract

While the Building Act includes a separate provision (Article 20) for temporary buildings, distinct from (permanent) buildings, it does not offer a formal definition for these temporary constructions. As a result, there arises an interpretational challenge in distinguishing between temporary buildings and buildings. The commonly accepted perspective defines temporary buildings as structures that do not satisfy the criterion of “fixed on land,” one of the requirements for a building stipulated under Article 2 of the Building Act. However, the requirement of “fixed on land” cannot be uniformly evaluated based on a single standard; instead, it necessitates a comprehensive assessment considering factors such as scale, form, structure, materials, and purpose. Consequently, and practically, there may be instances where temporary buildings, which were initially not “fixed on land,” acquire this requirement as a result of expansion. It is obvious that building permits or notifications are required when extending temporary buildings to construct (permanent) buildings. However, further consideration is necessary regarding the content and scope of such permits or notifications. If the structure resulting from extending a temporary building satisfies all the requirements for a (permanent) building, the physical changes before and after the extension would constitute an extension under the Building Act, but in terms of granting building permissibility (“건축허용성”), the extension is comparable to a new construction and therefore should be treated the same as a new construction under the Building Act. Nevertheless, the fact that a building permit for a new construction is required to extend a temporary building does not necessarily imply that “constructing a (permanent) building through extending a temporary building” is not permissible.