Government legislation ministry rules partial land changes over 50 centimeters need permit

The Ministry of Legislation stated that altering the height or depth of any part of a plot by more than 50 centimeters requires development permission, even if the average change across the entire land remains within the limit. The ruling clarifies that such cases do not qualify as minor acts exempt from approval under the Enforcement Decree of the Act on Planning and Utilization of Land.

In response to a citizen inquiry, the ministry stated that the decree sets a strict limit for every section of the land, meaning any single point exceeding the boundary falls outside the exemption. Interpreting the rule based on an average would improperly expand the scope of exceptions without explicit legal backing, the agency noted, citing a 2017 precedent that mandates strict interpretation of permit waivers.

Changes exceeding 50 centimeters in any area can create slopes or cut faces that raise risks of soil collapse or falling rocks, necessitating official safety reviews. The ministry rejected arguments that applying the limit to every part of a plot constitutes excessive regulation, stating that such oversight is required to balance land use with environmental conservation and prevent haphazard development. This reasoning aligns with a Supreme Court ruling from September 2023 which recognized that physical changes to land contours pose safety hazards regardless of average depth measurements.

Developers must obtain formal permission from local mayors or county governors before proceeding with work that breaches the limit at any point on the site. The decision specifically addresses a scenario where a petitioner asked if changing a portion of land by more than 50 centimeters was permissible if the overall average remained lower.