Definitions and Distinctions among Buildings, Temporary Buildings, and Structures
Legal Review of the Applicability to Mobile Waste Separation Facilities
One of the most critical considerations when installing a facility is whether it is subject to the Building Act.
In particular, a mobile waste separation facility installed within a school campus may be subject to different administrative requirements depending on whether it is classified as a building, temporary building, or structure.
In this article, relevant statutory provisions are directly cited to enhance legal reliability, and the legal nature of a mobile waste separation facility is analyzed in a structured and professional manner based on prevailing administrative interpretations.
1. Statutory Definitions under the Building Act
(1) Building
Legal Provision
Article 2, Paragraph 1 of the Building Act:
“The term ‘building’ means a structure fixed to land that has a roof and columns or walls, and any facilities attached thereto.”
Key Elements
- Existence of a roof and walls or columns
- Fixation to land (permanence)
- Presence of foundations
- Connection to utilities (electricity, water, sewage)
- Long-term installation at a fixed location
➡ In administrative practice, fixation to land is the most decisive factor, rather than the mere presence of a roof or walls.
(2) Temporary Building
Legal Provision
Article 20, Paragraph 1 of the Building Act:
“The term ‘temporary building’ means a building that is temporarily installed and used for a certain period, and that is subject to permission or reporting in accordance with standards prescribed by Presidential Decree.”
Key Elements
- Presupposes that the structure qualifies as a building
- Temporary use alone is insufficient
- The structure must first meet the definition of a building and then be used on a temporary basis
➡ A structure that does not qualify as a building cannot be classified as a temporary building.
(3) Structure (Engineering Structure)
Legal Basis
Derived from the concept of “structure” included in the definition of a building under Article 2, Paragraph 1 of the Building Act
General Understanding
- Facilities fixed and permanently installed on land
- Typical examples: retaining walls, chimneys, advertising towers
Key Elements
- Fixation to land
- Non-movable, function-oriented structure
- No requirement for roof or walls
2. Commonalities and Differences
| Category | Common Feature | Distinctive Feature |
|---|---|---|
| Building | Fixed to land | Requires roof and walls or columns |
| Temporary Building | Based on building characteristics | Temporary purpose and duration |
| Structure | Fixed to land | Functional structure, no spatial enclosure required |
Commonality: All categories presuppose fixation to land
Differences:
- Buildings create enclosed space
- Temporary buildings emphasize limited duration
- Structures focus on functional or engineering purposes
3. Legal Characterization of a Mobile Waste Separation Facility
Assumed Conditions
- Roof and walls: Present
- Fixation to land: None (equipped with wheels, freely movable)
- Foundations: None
- Utility connections: None
Legal Assessment
- Not fixed to land → does not qualify as a building
- Not a building → cannot be classified as a temporary building
- Not fixed to land → does not qualify as a structure
➡ Accordingly, a mobile waste separation facility is generally not subject to regulation under the Building Act.
4. Requirement for Permit or Notification
| Category | Applicability |
|---|---|
| Building | ❌ Not applicable |
| Temporary Building | ❌ Not applicable |
| Structure | ❌ Not applicable |
➡ In general, no building permit or temporary building notification is required.
➡ In actual administrative practice, such facilities are commonly installed and used without formal reporting.
5. Potential Exceptions and Alternative Interpretations
The legal assessment may differ if the installation or usage conditions change, such as:
- Removal of wheels or long-term immobilization
- Installation of concrete foundations or anchor bolts
- Connection to electricity, water, or sewage systems
- Permanent fixation at a specific location
In such cases, the facility may be deemed a building or temporary building.
Additionally, some local governments apply more conservative interpretations to structures within schools or public facilities and may require prior consultation or notification.
6. Conclusion
A mobile waste separation facility is generally not classified as a building, temporary building, or structure under the Building Act and is therefore not subject to reporting requirements.
However, since the final determination rests with the competent local authority, it is strongly recommended to consult the relevant municipal building department prior to installation, particularly within school premises.
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