Suggested citations
AGLC4 | 건설법 2014 [Construction Law of the Democratic People's Republic of Korea (2014)] [tr Daye Gang].
Bluebook | Geonseolbeob 2014 [Construction Law of the Democratic People's Republic of Korea (2014)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on December 10, Juche 82 (1993), as Law No. 20 of the Supreme People’s Assembly
Amended and supplemented on January 14, Juche 88 (1999), as Directive No. 350 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on September 27, Juche 90 (2001), as Directive No. 2593 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on June 24, Juche 91 (2002), as Directive No. 3115 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on September 19, Juche 95 (2006), as Directive No. 1968 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on December 11, Juche 96 (2007), as Directive No. 2482 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on August 4, Juche 98 (2009), as Directive No. 205 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on October 25, Juche 100 (2011), as Directive No. 1917 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on July 23, Juche 103 (2014), as Directive No. 3292 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF CONSTRUCTION LAW
Article 1 (Objective of Construction Law)
The Construction Law of the Democratic People’s Republic of Korea must establish regulations and order in drafting the overarching construction plan, realizing and constructing designs and construction, and the pre-delivery inspection of construction, to assure the high speed of socialist reproduction on a large scale and serve to raise the material and cultural standards of the people.
Article 2 (Basic principles of the construction field)
The Democratic People’s Republic of Korea is constructing many monument memorials of eternal grand design and modern factories, enterprise, homes and facilities, by placing great strength in construction such as in city and farming area construction, ports construction, and irrigation construction by relying upon accurate construction policy, and is magnificently assuring independent and creative living conditions to the people. The State shall consolidate results accomplished in the construction sector, shall assure the balance between production construction and demanufacturing construction, and shall construct homes in the city and modern houses in the countryside using State expenses construct.
Article 3 (Principle of making plans of construction)
Construction is important work that shall continue eternally. The State shall command construction in a standardized way and shall conduct it in a planned way so that it has good prospects.
Article 4 (Principle of Juche identity of construction)
It is the consistent principle of the State to make the directions, requirements and convenience of the people the top priority of construction, and to make sure that the ideological and artistic value and practicality are perfectly guaranteed in conformity with the emotions and sense of beauty of the people.
Article 5 (Principle of centralization of construction and raising effectiveness)
In construction, the State shall thoroughly keep the principles of comfort first, aesthetics first, future generations first, and constructing infrastructure first, then superstructure; must concentrate capability on the construction of important subjects to assure the working dates of construction, and shall raise the economic effectiveness of investment.
Article 6 (Principle of specialization, industrialization and modernization of construction)
The State shall foster the technological revolution to strengthen the material and technical foundations of the construction sector, and shall ensure that the specialization, industrialization and modernization of construction is realized at a high level.
Article 7 (Principle of regularizing and normalizing construction)
The State shall regularize and normalise construction to adopt systems and order in construction work, shall raise the speed and quality of construction and shall lower construction costs.
Article 8 (Principle of scientization of construction)
The State shall train the required scientific and technical experts in the construction sector so that it has good prospects, shall strengthen scientific research, and shall actively accept the results of advanced scientific techniques such as dry construction method, green architecture, and intelligent architecture in construction.
Article 9 (Exchange and cooperation of the construction field)
The State shall develop exchange and cooperation with many countries in the world and with international organizations in the construction field.
CHAPTER II. OVERARCHING CONSTRUCTION PLAN
Article 10 (Overarching construction plan and the foundations of that drafting)
The overarching construction plan is a comprehensive forecasting plan to rationally place construction subjects and construct in a planned way. The overarching construction plan shall be adopted according to the overarching land construction plan.
Article 11 (Principle of drafting overarching construction plan)
The following principles must be abided by in adopting an overarching construction plan.
1. Revolutionary battlefields and revolutionary historic sites must be capable of being preserved forever.
2. Historical sites, artefacts and natural monuments must be capable of being well preserved.
3. The construction direction and scale must take into consideration the increasing material and cultural demands of the people and the requirements of economic development.
4. Factories and enterprises must be placed close to sources of raw material and fuel and the place of product consumption.
5. The scale of the city shall be appropriately determined, and satellite cities must be rationally placed in the surrounds of large cities including the capital.
6. Currently existing buildings and facilities shall be used rationally and the results of advanced scientific techniques must be extensively accepted.
7. Natural resources capable of generating wealth shall be protect and cities and villages must not be placed in districts with reserves of useful minerals.
8. Mountain slope and the underground must be used to the utmost to not intrude into agricultural land, and the rate of usage of construction sites must be able to be raised.
9. The nature of the people and modernity must be combined, and solidity, non-repeatability and unity must be able to be guaranteed.
10. The planning of preservation of Choseon-style buildings must not place a different form of building.
11. Infrastructure constructs such as stormwater networks, water and sewage networks, heating networks, gas supply networks, power transmission and distribution networks, and communication networks shall be prioritized, and a modern traffic network must be rationally placed.
12. The forms of buildings including homes must be diversely done so that their distinct characteristics can be highlighted by subject and by region.
13. Building placement shall not be fenced off, and the rear of the buildings must be clearly visible between each building and building from the street, so that there is a three-dimensional effect to city formation.
14. Green planning must be rationally afforested between buildings to create a profitable natural environment in the residents’ lives and pollution must be able to be prevented.
Article 12 (Classification of overarching construction plan)
The overarching construction plan shall be adopted by dividing it into an industrial overarching construction plan, a city and village overarching construction plan, and overarching construction plans by sector.
Article 15 (Issue of directive documents for construction location and construction specifications)
The institutions, enterprises and organizations that commission the construction must receive directive documents for construction location or construction specifications. In these cases, before making an application to issue construction specifications, issues related to construction and municipal administration must be agreed upon with the People’s Committee at the corresponding level. Directive documents for construction location shall be issued by the land environment protection institution, and the construction specifications shall be issued by the State construction supervision institution. Construction specifications for especially important subjects shall be issued by Cabinet.
Article 16 (Permission for use of land)
Land within the domain of an approved overarching construction plan shall be a construction site. Institutions, enterprises and organizations that commission the construction must receive land use approvals in conformity with their ranking of construction. The relevant institution must give land use approvals based on the directive documents for construction location or on the construction specifications.
CHAPTER III. CONSTRUCTION DESIGN
Article 17 (Precedence of design)
Doing construction design well is a prerequisite condition to assure the safety and quality of construction. The State shall correctly adopt a work system in the construction design sector and decisively raise the scientization level, and strengthen and rationally use design capability to resolutely prioritize design for construction.
Article 18 (Design contracts)
Construction designs shall be drafted by specialist construct design institutions and enterprises. Institutions, enterprises and organizations that commission the construction and relevant design institutions and enterprises must conclude a design contract.
Article 19 (Guarantee of technical assignments and construction specifications)
Institutions, enterprises and organizations that commission construction must assure technical assignments and construction specifications to construct design institutions and enterprises. Technical assignments for construction subjects to develop underground resources or to receive new technical processes shall have attached underground resources exploration materials or the test results of product testing factories that have received the agreement of the relevant authorities.
Article 20 (Designing and drafting stage)
Construction design shall be drafted by dividing it into project design, technical design, and work design.
Construction design institutions and enterprises shall survey and conduct subsurface investigations before drafting the design, and shall calculate economic effectiveness to determine a rational design, and must design the subject creatively with new and distinct characteristics in conformity with the requirements of the new century.
Article 21 (Quality guarantee of design)
Construction design institutions and enterprise shall embody designs that are national in form and socialist in content, and must design in various forms so they can highlight their distinct characteristics by construction subject and by region, and must assure that quality at the highest level.
Article 22 (System of responsibility for subjects in drafting designs)
Construction design institutions and enterprises shall execute a system of responsibility for subjects in drafting designs, and shall take responsibility for the realization of designs.
Article 23 (Review and agreement on design plans)
Construct design institutions and enterprises must hand over drafted design plans to the institution, enterprise or organization that has commissioned the design. The institution, enterprise or organization that has commissioned the design shall review the design plans and agree within the period determined.
Article 24 (Design review committee)
Construction design institutions and enterprises must receive the opinion of the design review committee on the drafted design plans to complete it. Scientists, technical experts, professionals and workers of the relevant sector shall participate in the design review committee.
Article 25 (Approval of designs)
Construction designs shall receive the relevant deliberation on construction design, or the deliberation and the approval of the approving institution, according to the scale and importance of the design subject. The relevant deliberation on construction design, or approval institution must cause various designs to be raised so that each construction subject has its own distinct characteristics, and similar designs must not be approved. Construction may not be done with construction designs that have not been approved, and approved construction designs may not be changed.
Article 26 (Subject design for foreign construction and export design, import design)
The approval process for subject design for foreign construction, export designs and import designs shall be separately determined.
Article 27 (Design review meeting)
Construction design institutions and enterprises must correctly conduct design review meetings for completed constructions at the time the subject construction ends.
CHAPTER IV. CONSTRUCTION
Article 28 (Organization of builder institutions and enterprises)
Construction is important work to raise buildings and is the basics of the construction process. The State shall organize builder institutions and enterprises by sectors of construction and shall raise responsibility in construction.
Article 29 (Interconnection with subject building plan)
The State planning institutions must correctly interconnect the subject construction plan between the commissioner of the construction and builder institutions, enterprises and organizations. Subjects where more than 50% of the construction materials have not been prepared, or that are not interconnected with the construction plan, may not be constructed.
Article 30 (Construction license)
Construction licensing shall be done by the State construction supervision institution. Construction licensing for especially important subject shall be done by Cabinet. The construction licensing institution must correctly review and confirm updates on land restoration, updates about interconnection with the construction plan, the infrastructure capability of the construction subject, and must license construction under conditions where those things have been guaranteed. Construction may not be started without receiving a construction license.
Article 31 (Arrangement of construction site)
Local political institutions and institutions, enterprises and organizations that have commissioned the construction shall demolish or relocate unnecessary buildings and facilities inside the plot of land for which a construction license has been received, and must assure the proper operation of facilities such as for road, water and sewage.
Article 32 (Construction contract)
The commissioner of the construction and builder institutions, enterprises and organizations must conclude a construction contract based on the construction plan and must compulsorily perform it.
Article 33 (Organization and guidance of construction)
Builder institutions, enterprises and organizations shall form organization and guidance in construction to do construction according to the requirements of the design, technical regulations and public law and must assure the working dates of the construction subject. The surroundings of the construction site shall have screens installed to guarantee traffic safety and cultural character, shall construct according to the arrangement of the zone, and must plant trees and create green areas at the same time. During the construction process, acts must not be done to destroy the surrounding environment or pollute it.
Article 34 (Quality inspection of construction)
Institutions, enterprises and organizations that commission the construction and build, and the construction supervision institution shall have an inspector and supervisor at the construction site, and must strictly do quality inspections of construction such as process inspections, interim inspections and final inspections. In cases where they have not passed the quality inspection, the next construction process may not be continued.
Article 35 (Guarantee of building materials and subject facilities)
State planning institutions and relevant institutions, enterprises and organizations assure building materials with guaranteed quality and equipment for the subject before the construction.
Article 36 (Mechanization and automation of construction work)
Builder institutions, enterprises and organizations must manage aggregate and absentee production bases, the production of construction machinery, and repair bases to extend aggregate and absentee production, and must mechanize, comprehensively mechanize, and automate construction work. The relevant institutions and enterprises must assure the production of different modern construction machinery, equipment and tools required for construction.
CHAPTER V. PRE-DELIVERY INSPECTION OF CONSTRUCTION
Article 37 (Basic requirements of pre-delivery inspections)
Pre-delivery inspection is an important process to finally evaluate a completed construction.
The State shall strictly conduct the pre-delivery inspection of the construction at the construction site.
Article 38 (Pre-delivery inspection method)
A pre-delivery inspection shall be done when the construction is completed. Pre-delivery inspections may be done according to sectors or in stages according to the nature of the construction subject.
Article 39 (Pre-delivery inspection application)
Builder institutions, enterprises and organizations shall complete the testing with all construction and facilities turned off and shall notify the institution, enterprise or organization that has commissioned the construction about the completion of the construction. The institution, enterprise or organization that has commissioned the construction shall confirm the preparation of end-to-end testing and pre-delivery inspection of the facilities and must submit a pre-delivery inspection application to the State construction supervision institution.
Article 40 (Pre-delivery inspection committee)
The State construction supervision institution shall organize a pre-delivery inspection committee with the commissioner of the construction, the builder institution, enterprise or organization, and a relevant specialist sector worker. The pre-delivery inspection committee must strictly inspect whether the construction has been done according to the requirements of the approved construction design and technical regulations, and the state of preparation to operate the construction.
Article 41 (Evaluation of pre-delivery inspection results)
The pre-delivery inspection committee must evaluate the pre-delivery inspection results as pass or fail. The institutions, enterprises or organizations that built and commissioned the construction, and the institution or enterprise that produced the equipment for the subject must compulsorily implement content pointed out in the pre-delivery inspection in the perio determined.
Article 42 (Issue of notice of passing pre-delivery inspection)
The State construction supervision institution must issue a notice of passing pre-delivery inspection to constructions that have passed pre-delivery inspection. Institutions, enterprises and organizations that built or commissioned the construction that have received a notice of passing pre-delivery inspection must hand over and take over the construction. Construction that has not received a pre-delivery inspection or that has not been passed during the pre-delivery inspection may not be put to work or used.
Article 43 (Warranty of quality of construction)
Builder institutions, enterprises and organizations and relevant institutions and enterprises must give a warranty of the quality of the construction during the designated period. For accidents that have happened during the quality warranty period of the construction, the institution, enterprise or organization concerned shall take responsibility for it according to the technical analysis results of the State construction supervision institution.
CHAPTER VI. GUIDANCE AND CONTROL OVER CONSTRUCTION WORK
Article 44 (Basic requirements of guidance and control over construction work)
Correctly doing guidance and control over construction work is an important guarantee to correctly attain the construction policy of the State. The State shall improve the guidance system over construction work in conformity with the requirements of actual development, and shall further strengthen control.
Article 45 (Guidance institution for construction work)
Guidance for construction work shall be done by the relevant central bodies and local political institutions. The relevant central bodies and local political institutions shall normally command the commencement of the construction of the subject and the use of construction labour, facilities, resources, and funds, shall reduce incomplete constructions, and shall provide guidance so that the construction plan is performed without fail.
Article 46 (Cooperative construction)
State planning institutions and builder institutions, enterprises and organizations shall correctly divide the cooperative construction of important construction subjects, shall conduct construction well, and must abide by cooperative construction regulations.
Article 47 (System of evaluating goods)
Financial banking institutions and builder institutions, enterprises and organizations shall raise the quality of construction, shall economize on labour, resources and funds,, and shall execute a system of evaluating goods to reduce the construction period.
Article 48 (Scientific research on construction)
The scientific techniques administration institution and relevant institutions shall strengthen scientific research on construction and must solve scientific technique issues arising in construction. Builder institutions, enterprises and organizations and relevant authorities must actively accept results accomplished in scientific research on construction.
Article 49 (Institution and application of construction standards)
The State construction supervision institution must correctly determine construction standards based on trends in architecture and development, the results of advanced scientific techniques in construction, and construction experience, and shall correctly apply it to construction design and construction.
Article 50 (Supervision and control over construction work)
Supervision and control over construction work shall be done by the State construction supervision institution and the relevant supervision and control institution. The State construction supervision institution and the relevant supervision and control institution must properly supervise and control the realization of the overarching construction plan, the draft of construction designs and construction.
Article 51 (Demolition of construction, damage compensation)
In cases where a construction has been built in violation of the overarching construction plan or construction has not been done according to the construction design, the construction shall be demolished or the relevant damage shall be compensated.
Article 52 (Suspension of construction, confiscation of construction, suspension of fund supply)
In cases where construction has been done without a construction plan or construction license, or where the quality of the construction has not been assured, the construction shall be suspended and the relevant construction shall be confiscated or the supply of building funds shall be suspended.
Article 53 (Administrative or criminal responsibility)
Responsible workers of institutions, enterprises and organizations and individual citizens who have caused grave consequences by violating this law shall have administrative or criminal responsibility imposed depending on the gravity.
Last updated 14 August 2020