Ministry of Government Legislation excludes ceiling-height cuts from consent rule

The Ministry of Government Legislation said that a reduction in ceiling height alone does not trigger the consent requirement applied to certain design changes in buildings sold before use approval.

The law requires consent for specified design changes that could materially affect buyers' interests, including reductions in common areas, private areas, land shares and floor height. Developers must obtain consent from at least four-fifths of purchasers holding two-thirds of the total private floor area.

The ministry treated floor height, measured from the upper surface of a room's floor structure to the upper surface of the floor structure above it, and ceiling height, from a room's floor surface to its ceiling, as separate measures. Because the rule mentions only floor height, lowering ceiling height while keeping floor height unchanged falls outside the provision.

The decision also rests on the principle that rules underpinning punitive administrative action should be applied narrowly. Making such a design change without the required consent can draw up to one year in prison or a 100 million won ($71,788) fine.

The ministry rejected an argument that lower ceiling height should be covered because it reduces interior space and the law seeks to protect buyers. A ceiling is not necessarily a required part of a building, and its height can change depending on space for equipment and electrical piping, the ministry said.