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  • [기타] Partial Amendment Decree to the Rule on Housing Construction Standards, Etc.
    • Competent Ministry : Ministry of Land, Infrastructure, and Transport
    • Advance Publication of Legislation : 2018-06-20
    • Opinion Submission Deadline : 2018-07-30

(1) Reasons for Proposal

There are increasing numbers of ground-level park-type apartments, etc., where vehichles are banned from entry. However, the ceiling height of underground parking lots has been 2.3 meters or higher since the enactment of the Parking Lot Act, failing to reflect environmental changes and causing conflict between residents regarding the entry, etc., of couriers and/or moving service vehicles. Thus, the relevant regulations need rapid improvement.

Also, with the expansion of the scope of security/crime prevention facilities of multi-family housing to cover network cameras in addition to closed circuit television (CCTVs), it is necessary to provide separate installation standards for network cameras from CCTVs and, in response to criticism that it is difficult for consumers to easily check the Certification on Performance Grade of Multi-family housing, it is also important to modify the current system to allow for easier recognition.

(2) Major Provisions

A. Raise the ceiling height of underground parking lots in ground-level park-type multi-family housing to 2.7 meters or higher (Article 6-2 (2)).

1) With the growing number of ground-level park-type apartments where any vehicle is limited from entry, there has been growing tensions regarding the entry of courier and/or moving service vehicles between residents or between residents and businesses, requiring a fundamental solution.

2) When it is not possible for vehicles of residents, etc., to approach each multi-family housing building using roads within the housing complex according to Article 26 of the Decree, the height of the vehicle lane in an underground parking lot shall be 2.7 meters or higher, with exceptions as prescribed in each item.

3) This Amendment Decree aims to promote satisfactory and safe living of residents, etc. in multi-family housing and to prevent unnecessary conflicts between residents or between residents and certain businesses by modifying the current system.

B. Permit the use of network cameras as security/crime prevention facilities of multi-family housing, provided that separate installation standards thereof shall be provided (Article 9).

1) In accordance with the emergence and spreadzz of new types of visual data processing devices due to technological advances in security/crime prevention facilities, the scope of permitted security/crime prevention facilities in multi-family housing, which previously only included closed circuit television, shall be expanded to include visual data processing devices under Article 3 of the Personal Information Protection Act.

2) Regarding network camera methods, however, visual data may be cut off due to internet glitches, which requires technical support measures. Also, in consideration of fairness with other facilities, the separate installation standards for these facilities, such as payment of related expenses, shall be prescribed to be operated until the first repair cycle stipulated in the standards for formulation of long-term repair plans in attached Table 1 of the Enforcement Rule of the Multi-Family Housing Management Act.

C. The methods for expressing the content of the Certification on Performance Grade of Multi-family housing shall be improved to allow consumers to easily recognize its details (Article 12-2).

(3) Amendment Details

Partial Amendment Decree to the Rule on Housing Construction Standards, Etc.

Part of the Rule on Housing Construction Standards, Etc., shall be amended as follows.

Part of Article 6-2 other than the title shall be paragraph 1 and paragraph 2 of the same Article shall be newly inserted as follows.

2. Notwithstanding paragraph 1, when no roads have been installed within a housing complex to allow vehicles of residents, etc., to approach each multi-family housing building according to Article 26 of the Decree, the height of the vehicle lane in an underground parking lot shall be 2.7 meters or higher, notwithstanding the provisions of Article 6 (1) 5 of the Enforcement Rule of the Parking Lot Act. Provided, however, that cases falling under any of the following items shall be exceptions:

1. Where it has been recognized as possible for vehicles to approach all multi-family housing buildings at the surface level after passing any of the deliberations prescribed in the items under Article 18 (1) of the Act related to its project plan and in consideration of the placement of the housing complex and conditions, etc., of roads inside/outside the housing complex;

2. Where the height of the vehicle lane in an underground parking lot has been decided as 2.3 meters or higher through a decision of a relevant union in case of a rearrangement project according to Article 2, subparagraph 2, items (b) and (c) of the Act on Improvement of Urban Areas and Residential Environments or a remodeling project according to Article 2, subparagraph 25, item (c) of the Act;

3. Where there is an underground parking lot with two (2) or more levels making it possible to approach the entrance of each building from a certain below ground level which may be directly entered from the surface level, all levels other than the aforesaid certain below ground level.

The title of Article 9 shall be amended from "(Standards for Installation of Closed Circuit Television)" to "(Standards for Installation of Visual Data Processing Devices)," "closed circuit television" in paragraph 1, subparagraph 1 of the same Article shall be amended to "visual data processing devices according to Article 3 of the Personal Information Protection Act," and subparagraphs 4 and 5 of the same paragraph shall each be newly inserted as follows.

4. Where there is an installation of network cameras according to Article 3, subparagraph 2 of the Enforcement Decree of the Personal Information Protection Act, the requirements contained in the following items shall be fulfilled:
(a) Technical measures shall be taken as required to allow visual data to be continuously saved without cut offs even when wired/wireless internet errors occur; and
(b) Installation (including payment of related expenses) such that operation until the occurrence of the first repair cycle according to the standard for formulation of long-term repair plan in attached Table 1 of the Enforcement Rule of the Multi-Family Housing Management Act

5. All matters other than those prescribed in this Rule regarding installation of visual data processing devices according to Article 3 of the Personal Information Protection Act shall follow the Personal Information Protection Act and other related laws.

"[The] method of expressing the Certification on Performance Grade of Multi-Family Housing in subparagraph 1 of the Form when there is a public notice for recruitment of residents according to Articles 19 - 21 of the Rule on Housing Supply" shall be amended as "[each] of the following items," and each of the following items shall be newly inserted in the same Article.

1. Certification of the Performance Grade of Multi-Family Housing according to subparagraph 1 of the Form shall be obtained and expressed in a public notice for recruitment of residents according to Article 19 to 21 of the Rule on Housing Supply.

2. Certification of the Performance Grade of Multi-Family Housing expressed in a public notice for recruitment of residents according to subparagraph 1 shall be placed where prospective residents may easily recognize it and it shall be expressed in legible print.

Addenda

Article 1 (Enforcement Date) This Rule shall enter into force from the date of its promulgation.

Article 2 (Applicability of the Structure and Equipment of Parking Lots) The amended provisions of Article 6-2 (2) shall apply after this Rule enters into force starting from cases where applications for approval of project plan according to Article 15 (1) or (3) of the Act are made.

Article 3 (Interim Measures Regarding Standards for Installation of Visual Data Processing Devices) Network cameras installed before enforcement of this Rule shall be deemed to comply with this Decree in cases where they are installed and managed in compliance with Article 9 (as amended), Article 39 of this Decree, and Article 8 of the Enforcement Rule on Multi-Family Housing Management.

Article 4 (Applicability of the Expression of Certification of the Performance Grade of Multi-Family Housing) The amended provisions of Article 12-2 shall apply after this Rule enters into force starting from cases where applications for approval of resident recruitment (meaning public notice for recruitment of residents in case of a business entity subject to any of the items under Article 18 of the Rule on Housing Supply) are made. 


Regulatory effect assessment
  • 규제영향분석서_주택건설기준 등에 관한 규칙.hwp [download]
Legislative proposal (draft)
  • 주택건설기준 등에 관한 규칙 일부개정령안_최종.hwp [download]