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Title |
A Legal Study on the Retention Period Criteria for Temporary Buildings
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Authors |
오상훈(Sang Hoon Oh) ; 동재욱(Jae-Uk Dong) |
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DOI |
https://doi.org/10.11112/jksmi.2025.29.3.27 |
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Keywords |
가설건축물; 존치기간; 연장기준; 건축법령 Temporary buildings; Retention period; Extension Criteria; Building regulations |
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Abstract |
The retention period and extension regulations for temporary buildings in South Korea vary by region, leading to legal inconsistencies and administrative discretion issues. While the Building Act Enforcement Decree sets a standard retention period of three years, local governments apply different extension rules?some limit extensions to one time (maximum six years), while others allow unlimited extensions, creating uncertainty and fairness concerns. This study examines the legal and policy challenges caused by regional differences, comparing South Korea’s system with Japan, which offer more standardized regulatory approaches. To resolve these issues, the study proposes national standardization of extension regulations, clearer legal criteria for approvals and rejections, and a structured classification for temporary buildings based on retention periods. Implementing these reforms would enhance regulatory consistency, fairness, and urban planning efficiency, reducing conflicts between building owners and administrative authorities.
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