Violated apartment height limit
Reconstructed upper part of the apartment for move-in
Police investigate the construction company and supervisory team
An apartment complex in Gimpo, Gyeonggi-do, has been reported to have started moving in residents after completing reconstruction, despite not receiving completion and use approval due to violation of height limit.
The construction company seems to be discussing the scale of compensation for the delay in move-in with the residents who suffered from the disrupted plans due to the lack of approval.
According to Gimpo-si, the “Gimpo Gochon Yangwoo Naeanae” located in Singok-ri, Gochon-eup, Gimpo-si, Gyeonggi-do, began to have residents normally move in the day before as it received building use approval.
The original move-in start date for the apartment was known to be last January. Still, there was a problem with the use approval process as the height of 7 out of 8 buildings exceeded the height limit of 57.86 m (190 feet) or lower according to the Airport Facilities Act, being built 63~69 cm (25~27 inches) higher. This apartment, located within 4 km (2.5 miles) in a straight line from Gimpo Airport, is subject to the influence of the Airport Facilities Act.
The construction company Yangwoo Construction cut off about 70 cm (27.5 inches) from the top of the seven apartment buildings over two months. As they had announced, they then proceeded with supplementary work by adding concrete. It is speculated that the height of decorative structures on the rooftop railings was also lowered along with this.
It seems that an official from Gimpo-si visited the apartment in person and measured the height. The Korea Airports Corporation, which operates and manages Gimpo Airport, then determined the apartment’s suitability, allowing the residents to start moving in.
The construction company announced that it will prepare compensation measures such as compensation for breach of contract for moving, support for moving storage costs, and support for temporary accommodation usage fees for residents who were planning to move in. They are in the position of preparing compensation for damages after confirming the extent of damage to prospective residents and minimizing the damage. In the future, Gimpo-si announced that it will thoroughly monitor whether the construction company complies with the compensation.
Initially, Gimpo-si had set the height limit as a condition of approval from the 2020 business plan approval stage. Still, it was revealed that the construction company and the supervisory team submitted reports to Gimpo-si as if they were complying with the height limit over 12 times, so they requested an investigation.
This incident, along with other similar cases, has led the community to argue that the current height limit of facilities near airports and airfields excessively infringes on residents’ private property rights and that standards need to be relaxed.
This is especially the case in the Gangseo-gu area of Seoul. More than 90% of the total area is adjacent to Gimpo International Airport, and even in areas that are easy to develop, it is difficult to build high-rise buildings.
According to the current Airport Facilities Act, it is known to limit the height of facilities around airports or airfields for the safe operation of aircraft.
Article 4 of the enforcement Rules of the Airport Facilities Act stipulates that “buildings within a 4 km (2.5 miles) radius of the airport must be built within 57.86 cm (22.7 inches)”. This height is estimated to be about the height of a 13-story apartment.
It seems difficult for these citizens’ opinions to be reflected in law. This is because the current law is based not on domestic law but on international standards set by the International Civil Aviation Organization (ICAO).
Recently, as the ICAO has been pushing for the amendment of international standards related to aviation height limits, interest is focused on the passage of amendments to aviation-related regulations. It has been reported that they are preparing an amendment to relax the height limit of aviation law, which is strictly regulated uniformly for the safe operation of aircraft.
The ICAO announced that it plans to finalize the content by accepting the opinions of each country by 2025 and to enter into enforcement in 2028.
Seoul Mayor Oh Se Hoon visited the ICAO headquarters in Montreal, Canada, last September and expressed his opinion, “Please pass the amendment of the international standards on height limit as soon as possible.” With the news of easing international standards, some areas of Gangseo-gu have participated in Seoul’s small-scale housing renovation project.
Recently, Seoul-si and the Ministry of Land, Infrastructure, and Transport have been pushing for easing height limits. Seoul City announced on the 18th that it passed an amendment to the use district, where “height districts” in various locations control the maximum height of buildings to protect the urban landscape and prevent overcrowding by reflecting the opinions of residents in the “new height district concept plan.”
With the easing of height limits in Gangbuk-gu and Dobong-gu area around Bukhansan Mountain and Jung-gu and Yongsan-gu around Namsan Mountain, it is expected that the amendment proposed by Seoul Metropolitan government will gain momentum.
An industry official said, “Seoul-si and the Ministry of Land, Infrastructure and Transport are pushing for easing of height limits. If the international standards managed by the ICAO change, it seems that a reasonable amendment will be prepared.” The height district amendment plan is expected to be decided during the first half of this year after a re-examination announcement and consultation with related departments in next month.
As such, interest is growing among residents of Gangseo-gu, where development has been restricted due to height limit regulations, and problems of urban aging and infringement of residents’ property rights have been continuously raised.
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