결합건축제도와 용적률 거래제의 관계에 관한 연구

Abstract

Under the Building Act, the “combined building system” refers to the construction of a building by integrating the area ratio of a building to two or more sites without applying it to each individual site. All buildings in Korea are subject to floor area ratios under the Building Act. However, the “combined building system” is a system that eases the existing floor area ratio standard because it does not apply the floor area ratio under Article 56 of the Building Act to each individual site, but integrates it to two or more sites. The ‘combined building system’ is sometimes referred to as the ‘capacity ratio transaction system’ that is distinct from the ‘development rights transfer system’ of the United States in the sense of transferring unused volumes in Korea. The transfer (transaction) of a volume means that a volume that is permitted but not in use for an existing building can be transferred to an adjacent or nearby land for use. Prior to that, the transfer of floor area ratio in Korea was an unfamiliar concept, and it was relatively recent to be introduced through the Building Act, but overseas such as the United States and Japan have already introduced and implemented a system to transfer and trade unused volumes, and as many cases have been accumulated, the structure has been used in various ways to go through continuous maintenance. Efforts should be made to prepare and materialize practical policy alternatives in order for important policy directions to be pursued nationally, such as green growth and the realization of a fair society, to not stop at empty slogans. The floor area ratio transaction system and the purchase system can be said to be a system that lays the foundation for advancing the framework of the land market and national land management in Korea.