가설건축물 신고대상What if I build a container on my own land?
Case 1) YouTuber J, who makes one-person media, plans to create content that solves food, clothing and shelter while being self-sufficient in nature by building a container house on his own land somewhere in Gyeonggi-do. We plan to start broadcasting in earnest by building a container for video work, cultivating a vegetable garden next to it, and even building a small chicken coop. Mr. J, who thinks that there is no need to get permission because it is my own land. Are there any legal issues?
Case 2) Mr. A, who recently opened a 6-pyeong snack bar near Gyeonggi-do, plans to build a warehouse using sandwich panels next to the store to store food materials hygienically. Most of the nearby shops also built temporary structures and used them as places to manage kitchens and refrigerators. However, even if it is used for storage, I heard that if it is not reported to the district office in charge, it will be subject to crackdown as an illegal building, and Mr. A is looking into the reporting procedure.
What is a hypothetical building?
Temporary buildings refer to temporary offices and warehouses made of containers on sites near farms or factories that are simply built to facilitate farming in rural areas. Since it is a space used for a short period of time, it must be convenient to dismantle and move. Therefore, it must not be a steel frame or reinforced concrete structure, and new main supply facilities such as electricity, water or gas supply cannot be installed, and only buildings that are not for sale can be approved as temporary buildings.
To build a temporary structure… You must report or apply for a permit.
Temporary buildings are largely divided into two types: those that can be built only with notification or those that can be built with permission. Usually, temporary buildings of less than 6 pyeong are reported, and those of 6 pyeong or more must be approved for construction. When changing the use of a building that has been approved for use or constructing a temporary building in an urban planning facility or a planned site for urban planning facilities, permission must be obtained from the Special Self-Governing City/Do or Si/Gun/Gu Office. Temporary buildings other than those subject to permission must also be reported in accordance with the standards for retention period and installation, but the retention period is usually set within three years.
If you report an extension after the retention period, you can continue to use it!
If you want to continue using it after the retention period, you can extend the period. However, an extension must be filed. According to the Enforcement Decree of the Building Act, an extension report must be made within 7 days of the expiration date of the retention period if it is subject to report, and within 14 days of the expiration date of the retention period if it is subject to permission. It is a simple procedure to extend the period by accurately filling out the temporary building retention period extension report, including the temporary building retention permit number, permission date, retention extension period, and reasons for extension, to the relevant city/county/gu office.
It becomes an illegal building in case of unauthorized use change or neglect.
However, since temporary buildings are not official buildings unlike general buildings, there are many cases where the reported use is changed without permission without a building management ledger or left as it is without extending the report, and thus degenerates into illegal buildings. In this case, the owner of the building is unavoidable to take disadvantageous measures such as accusation measures or compulsory performance due to the expiration of the retention period or use other than the intended purpose. For this reason, some local governments operate an indication system for the construction and extension of temporary buildings.
Show the current status of temporary buildings with stickers!
Anyone can easily check the report number, area, location, use, retention period, etc. Temporary building guidance signs are issued along with a report completion certificate for temporary buildings that have been reported. In that it prohibits unauthorized use change, clearly distinguishes it from illegal buildings, and helps efficient maintenance and management of temporary buildings, the temporary building information signage system is well received by residents other than the building owner, and expectations for effectiveness are growing.
Fines for false reports… There should be no damage
Even if the site is owned by a specific company or individual, it is illegal to build a temporary structure without permission from the local government. Even if you use it for a short period of time like a set and then demolish it right away, you must obtain legal permission. In the end, if you use it as you like because it is your own land, troublesome situations may arise in the future. Therefore, to prevent this from happening, it is necessary to know in advance how to report temporary buildings or procedures for permitting.
This is because if you operate a temporary building without any permission or report, you may be sentenced to up to two years in prison or a fine of up to 10 million won. If it was easily overlooked because it was unknown until now, in the future, when erecting a temporary building, we must go through the permission and report process according to the procedure so that there is no damage later.
