Government legislation ministry bars stacking of apartment height exemptions

The government legislation ministry said that builders cannot stack two separate legal exemptions to bypass standard height limits on apartment complexes. The agency concluded that special provisions under the Building Act and the Green Building Act must be applied individually rather than cumulatively.

A citizen asked whether a developer constructing a zero-energy apartment complex designed for easy remodeling could combine both incentives to exceed usual restrictions on building heights relative to neighboring properties. The ministry replied that while each law allows for a relaxation of up to 20 percent or 15 percent respectively, no explicit regulation permits applying both reductions to the same structure simultaneously.

The interpretation noted that the Building Act was amended in February 2022 to explicitly allow overlapping exemptions for street-block height limits under specific environmental conditions. However, the section governing sunlight and ventilation protections lacks similar language, suggesting lawmakers did not intend for these particular waivers to overlap.

Officials emphasized that height restrictions tied to sunlight access are closely linked to constitutional rights to a healthy living environment, citing a Supreme Court ruling that connects such limits to the public's right to live in a healthy and pleasant setting. Consequently, the ministry stated that exceptions affecting these protections require stricter interpretation than those governing urban aesthetics.