CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Act on Special Cases Concerning Unoccupied House or Small-Scale Housing Improvement and matters necessary for the enforcement thereof.
| Article 2 (Housing exempt from unoccupied houses) |
"Housing prescribed by Presidential Decree, including unsold housing" in the proviso of Article 2 (1) 1 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement (hereinafter referred to as the "Act") means the following housing:
| 1. | Public Rental Housing under subparagraph 1 (a) of Article 2 of the Special Act on Public Housing (hereinafter referred to as "Public Rental Housing"); |
| 2. | Unsold housing constructed and owned by a person who has obtained building permission under Article 11 of the Building Act or approval of a project plan under Article 15 of the Housing Act, for which 5 years have not passed since he or she obtained approval for use under Article 22 (2) of the Building Act or undergone a pre-use inspection under Article 49 (1) of the Housing Act; |
| 3. | Deleted; <May 27, 2025> |
| 4. | Quasi-housing under Article 4 of the Enforcement Decree of the Housing Act; provided, the same shall not apply to officetels under subparagraph 4 of that Article; |
| 5. | Housing whose purpose of temporary residence or use, such as a villa. |
| Article 3 (Areas subject to small-scale housing improvement projects) |
| (1) | "Areas or city blocks that meet the requirements prescribed by Presidential Decree, such as where worn-out and substandard structures are clustered" in Article 2 (1) 3, with the exception of its items, of the Act means areas classified as follows: <Amended on Jun. 12, 2018; Oct. 22, 2019; Mar. 17, 2020; Sep. 17, 2021; Dec. 16, 2021; Aug. 2, 2022; Jul. 7, 2023; Oct. 18, 2023; Nov. 28, 2023; Mar. 19, 2024; Nov. 5, 2024> |
| 1. | Autonomous Housing Improvement Projects: Unoccupied house areas, small-scale housing improvement management areas, zones for implementing development projects of urban vitality promotion areas under the Special Act on Local Autonomy, Decentralization, and Balanced Regional Development, district-unit planning zones under Article 51 of the National Land Planning and Utilization Act, prospective improvement zones or improvement zones are cancelled pursuant to Articles 20 and 21 of the Act on the Improvement of Urban Areas and Residential Environments, improvement zones of residential environment improvement projects under Article 23 (1) 1 of that Act, urban regeneration revitalization areas under Article 2 (1) 5 of the Special Act on the Promotion of and Support for Urban Regeneration, areas prescribed by ordinance of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces, or other areas prescribed by ordinance of a large city with a population of at least 500,000, excluding the Seoul Special Metropolitan City, Metropolitan Cities and the Special Self-Governing City under Article 198 (1) of the Local Autonomy Act (hereinafter referred to as "City/Do ordinance"); |
| (a) | The number of worn-out and substandard structures shall be at least 60/100 (or 50/100 in cases of a small-scale housing improvement management area) of the total number of buildings in the relevant project zone; |
| (b) | The aggregate of the number of housing units or the number of households of existing housing (hereinafter referred to as "existing housing") in the relevant project zone shall be less than the following standards; provided, the standards may be prescribed differently by City/Do ordinance within the scope not exceeding 1.8 times the relevant standards in consideration of regional conditions, etc.: |
1) Where all of existing housing is detached housing under subparagraph 2 of Article 2 of the Housing Act (hereinafter referred to as "detached housing"): 10 units;
2) Where existing housing consists of tenement housing under subparagraph 2 (b) of Appendix 1 of the Enforcement Decree of the Building Act (hereinafter referred to as "tenement housing") or a multi-household housing under subparagraph 2 (c) of that subparagraph (hereinafter referred to as "multi-household housing"): 20 households (referring to the aggregate of the number of households of tenement housing and multi-household housing);
3) Where the composition of existing housing falls under any of the following cases: 20 households (referring to the aggregate of the number of units of detached housing and the number of tenement housing and multi-household housing):
| (c) | Where it is intended to include a vacant lot in the relevant project zone, any of the following vacant lots shall not exceed 1/2 of the total land area of the project zone: |
1) Vacant lots necessary for the construction of fundamental infrastructure, such as access roads;
2) Vacant lots caused by the demolition of worn-out and substandard structures;
3) Vacant lots created by the demolition of unoccupied houses under subparagraph 3 of Article 9 of the Act;
4) Other vacant lots inevitably included in the course of implementing a project, which meet the standards prescribed by City/Do ordinance in consideration of other topographical circumstances and surrounding environments;
| 2. | The housing improvement project in a city block: All or part of a city block, which meets all of the following requirements: |
| (a) | The area of the relevant project zone shall be less than 10,000 square meters; provided, the area thereof may be 13,000 square meters in cases prescribed by City/Do ordinance in consideration of regional conditions, etc., and where the project zone is a small-scale housing improvement management area or meets all of the following requirements, it may be less than 20,000 square meters, and where it meets all of the requirements of 1) and 2) as a small-scale housing improvement management area, it may be less than 40,000 square meters: |
1) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun, etc. (hereinafter referred to as the "head of a Si/Gun, etc.") or the Korea Land and Housing Corporation or any similar entity under Article 10 (1) 1 of the Act (hereinafter referred to as the "Korea Land and Housing Corporation or any similar entity") shall jointly or solely implement the project pursuant to Article 17 (3) or 18 (1) of the Act;
2) The ratio falling under any of the following shall be at least 10 percent:
3) A project implementer shall satisfy all of the following requirements before preparing a project implementation plan under Article 30 of the Act (including where the area of a project zone is changed from less than 10,000 square meters to less than 20,000 square meters and where a project implementation plan is changed pursuant to the main clause of Article 29 (1) of the Act); in such cases, it shall be limited to cases where a district-unit planning zone may be designated or required to be designated pursuant to Article 51 of the National Land Planning and Utilization Act or a district-unit planning zone or a district-unit plan is designated and established and required to be changed pursuant to the main clause of Article 30 (5) of that Act;
| (b) | The number of worn-out and substandard structures shall be at least 60/100 (50/100 in cases of a small-scale housing improvement management area or urban renewal acceleration district under subparagraph 1 of Article 2 of the Special Act on the Promotion of Urban Renewal) of the total number of buildings in the relevant project zone; |
| (c) | The number of units or households of existing housing shall be at least the standards classified as follows: |
1) Where all of existing housing is detached housing: 10 units;
2) Where all of existing housing is multi-family housing under subparagraph 3 of Article 2 of the Housing Act (hereinafter referred to as "multi-family housing"): 20 households;
3) Where existing housing consists of detached housing and multi-family housing: 20 households (referring to the aggregate of the number of units of detached housing and the number of households of multi-family housing; hereafter the same shall apply in this item); provided, where the total number of detached housing among existing housing is at least 10 units, the total number of existing housing shall be deemed 20 households even if the total number of existing housing is less than 20 households;
| 3. | Small-scale reconstruction projects: An area which meets all of the following requirements, among housing complexes under subparagraph 7 of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments (hereinafter referred to as "housing complexes"), which are 1 housing complex or at least 2 housing complexes adjacent to each other (where roads exist between housing complexes, limited to where the relevant roads are abolished or their routes are changed, as prescribed by City/Do ordinance): |
| (a) | The size of the relevant project zone shall be less than 10,000 square meters; |
| (b) | The number of worn-out and substandard structures shall be at least 60/100 (50/100 in cases of a small-scale housing improvement management area or urban renewal acceleration district under subparagraph 1 of Article 2 of the Special Act on the Promotion of Urban Renewal) of the total number of buildings in the relevant project zone; |
| (c) | The number of households of existing housing shall be less than 200; |
| 4. | Small-scale reconstruction projects: The following areas: |
| (a) | Areas in which a majority of the area intended to implement a small-scale reconstruction project is within a radius of 350 meters from the boarding point of railroads of a railroad station (including a station scheduled to be opened) constructed and operated pursuant to the Act on Railroad Construction and Railroad Facilities Management, the Framework Act on Railroad Industry Development, or the Urban Railroad Act, which meets all of the following requirements; provided, the radius from the boarding point of railroads may be increased or decreased by a ratio prescribed by City/Do ordinance within the range of 30/100 within the range, taking into account regional characteristics: |
1) The size of the relevant project zone shall be less than 5,000 square meters;
2) The number of worn-out and substandard structures shall be at least 60/100 (50/100 in cases of a small-scale housing improvement management area or urban renewal acceleration district under subparagraph 1 of Article 2 of the Special Act on the Promotion of Urban Renewal) of the total number of buildings in the relevant project zone;
3) The relevant project zone shall adjoin roads prescribed by Decree of the Ministry of Land, Infrastructure and Transport;
| (b) | Areas which meet all the standards under items (a) 1) through 3), which are quasi-industrial areas under Article 30 (1) 3 (c) of the Enforcement Decree of the National Land Planning and Utilization Act. |
| (2) | A city block under paragraph (1) 2, with the exception of its items, shall meet all of the following requirements; provided, in cases of a city block which is a small-scale housing improvement management area, the requirements under subparagraph 3 shall not apply: <Added on Oct. 22, 2019; Mar. 17, 2020; Sep. 17, 2021; Jan. 18, 2022; Nov. 28, 2023; Mar. 19, 2024> |
| 1. | The relevant city block shall be an area surrounded by roads and facilities prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, this shall not apply to a small-scale housing improvement management area; |
| 2. | The area of the relevant city block shall be less than 10,000 square meters; provided, in any of the following cases, it may be less than the area classified as follows: |
| (a) | Where the standard size is differently prescribed by City/Do ordinance in consideration of regional characteristics, etc.: 13,000 square meters; |
| (b) | Where a project implementer has undergone deliberation by the local urban planning committee on the appropriateness of fundamental infrastructure and joint-use facilities following the implementation of a project before preparing a project implementation plan under Article 30 of the Act (including where a project implementation plan is modified pursuant to the main clause of Article 29 (1) of the Act): 20,000 square meters; |
| (c) | In cases of small-scale housing improvement management areas: 40,000 square meters; |
| 3. | A road which is an urban or Gun planning facility under the National Land Planning and Utilization Act (including a road publicly notified as a topographical map concerning new construction or modification pursuant to Article 32 (4) of that Act), the width of which exceeds 4 meters (6 meters in cases of an area falling under the proviso, with the exception of paragraph (1) 2 (a) 1) through 3), where the area of a project zone is at least 10,000 square meters but less than 40,000 square meters), shall not pass through the relevant city block. |
| (3) | Where fundamental infrastructure newly installed by a project implementer pursuant to Article 43 (2) and (3) of the Act devolves on the State or a local government to manage such fundamental infrastructure, the area of the relevant fundamental infrastructure shall not be included in the following areas: <Added on Oct. 18, 2023> |
| 1. | The area of a project zone under paragraph (1) 2 (a), 3 (a), and 4 (a) 1); |
| 2. | The area of a city block under paragraph (2) 2. |
| (4) | "Ratio prescribed by Presidential Decree" in the main clause and proviso of Article 2 (1) 3 (c) 2) means 120/100, respectively. <Added on Jan. 18, 2022; Oct. 18, 2023> |
CHAPTER II UNOCCUPIED HOUSE IMPROVEMENT PROJECTS
SECTION 1 Formulation of Unoccupied House Improvement Projects
| Article 4 (Formulation and modification of unoccupied house improvement projects) |
| (1) | "Matters prescribed by Presidential Decree" in Article 4 (1) 5 of the Act means the following; provided, the matters under subparagraph 4 through 6 shall be limited to cases where the head of a Si/Gun, etc. implements an unoccupied house improvement project: <Amended on Oct. 22, 2019; Mar. 17, 2020; Oct. 14, 2021> |
| 1. | Results of a survey (hereinafter referred to as "fact-finding survey") on unoccupied houses or housing presumed to be unoccupied under Article 5 of the Act (hereinafter referred to as "unoccupied houses, etc."); |
| 2. | A plan for necessary measures, such as demolition of unoccupied houses, under Article 11 (1) of the Act; |
| 3. | Eligibility, standards, and details of support for unoccupied house improvement projects, such as subsidies, contributions, or loans under Article 44 of the Act; |
| 4. | Project zone, scheduled time, and method for implementation of unoccupied house improvement project, and project implementer thereof; |
| 5. | A plan for the supply of rental housing; |
| 6. | A plan for the supply of facilities for temporary residence; |
| 7. | Other matters deemed necessary by the head of the relevant Si/Gun/autonomous Gu to promote an unoccupied house improvement project. |
| (2) | "Minor matters prescribed by Presidential Decree" in the proviso of Article 4 (3) of the Act means the following: |
| 1. | Matters concerning reduction of the promotion period of unoccupied house improvement projects among promotion plans thereof; |
| 2. | Matters concerning change of plans for raising funds necessary for the unoccupied house improvement project; |
| 3. | Matters concerning correction of minor mistakes, misspellings, omission, or apparent errors equivalent thereto. |
| Article 5 (Procedures and methods for formulation of unoccupied house improvement plan) |
| (1) | When the head of a Si/Gun, etc. intends to make available an unoccupied house improvement plan (hereinafter referred to as "unoccupied house improvement plan") to local residents pursuant to Article 4 (2) of the Act, he or she shall publicly announce the major details and places for public inspection in the official report of the relevant local government and its website (hereinafter referred to as "official report, etc.") and shall keep relevant documents at the place for public inspection. |
| (2) | Any local resident who has an opinion on the matters publicly announced pursuant to paragraph (1) may submit a written opinion (including a written opinion in electronic form) to the head of the relevant Si/Gun/autonomous Gu within the period for public inspection under Article 4 (2) of the Act. |
| (3) | The head of a Si/Gun, etc. may or may not reflect an unoccupied house improvement plan after reviewing opinions submitted pursuant to paragraph (2); provided, where opinions are not reflected, he or she shall notify the local residents who submitted the opinions of the grounds therefor. |
| (4) | Detailed standards for designating unoccupied house areas under Article 4 (5) of the Act shall be prescribed by Presidential Decree. <Added on Oct. 22, 2019> |
| 1. | The area of the relevant area shall be less than 10,000 square meters and shall not be located in any of the following: |
| (a) | Rural areas under subparagraph 1 of Article 2 of the Agricultural and Fishing Villages Improvement Act or quasi-rural areas under subparagraph 2 of that Article; |
| (b) | Improvement zones under subparagraph 1 of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments (excluding improvement zones in which a residential environmental improvement project is implemented by the methods under Article 23 (1) 1 of that Act); |
| (b) | An improvement zone under subparagraph 1 of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments (excluding improvement zones in which a residential environmental improvement project is implemented by the methods under Article 23 (1) 1 of that Act); |
| 2. | The number of unoccupied houses shall be at least 10 units or the area of an unoccupied house shall be at least 20 percent of the total land area of the relevant area; |
| 3. | The number of worn-out and substandard structures shall be at least 2/3 of the total number of buildings in the relevant area or an area where it is difficult to conduct evacuation and rescue activities when a disaster occurs due to a significant shortage of fundamental infrastructure. |
| (5) | Where necessary to formulate an unoccupied house improvement plan, the head of the relevant Si/Gun/autonomous Gu may utilize information on unoccupied houses processed through an unoccupied house information system established pursuant to Article 15 (1) of the Act (hereinafter referred to as "unoccupied house information system"). <Added on Oct. 14, 2021> |
| Article 6 (Details of fact-finding surveys) |
"Matters prescribed by Presidential Decree, such as reasons why houses are unoccupied" in Article 5 (1) 5 of the Act means the following: <Amended on Aug. 2, 2022>
| 1. | Safety status of unoccupied houses and sites thereof; |
| 2. | Current status of roads, buildings, etc. adjacent to the sites of unoccupied houses; |
| 3. | Current status of drawings and specifications of unoccupied houses; |
| 4. | Reasons for occurrence of unoccupied houses; |
| 5. | Opinions of the owners of unoccupied houses concerning the matters under Article 5 (1) 1 through 4 of the Act; |
| 6. | Opinions of the owners on methods for implementing unoccupied house improvement projects under Article 9 of the Act; |
| 7. | Other matters deemed necessary by the head of the relevant Si/Gun/autonomous Gu to establish an unoccupied house improvement plan. |
| Article 7 (Institution entrusted with fact-finding surveys) |
"Specialized institution prescribed by Presidential Decree" in Article 5 (2) of the Act means the following institutions: <Amended on Dec. 8, 2020; Feb. 7, 2025>
| 1. | The Korea Land and Geospatial Informatix Corporation under the Korea Land and Geospatial Informatix Corporation Act (hereinafter referred to as the "Korea Land and Geospatial Informatix Corporation"); |
| 2. | The Korea Research Institute for Human Settlements established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| 3. | A local government-invested public corporation (hereinafter referred to as "local government-invested public corporation") established pursuant to the Local Public Enterprises Act; |
| 4. | Local research institutes established pursuant to the Act on the Establishment and Operation of Local Government-Invested Research Institutes; |
| 5. | The Korea Real Estate Board under the Korea Real Estate Board Act (hereinafter referred to as the "Korea Real Estate Board"); |
| 6. | The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act (hereinafter referred to as the "Korea Land and Housing Corporation"). |
| Article 8 (Methods and procedures for fact-finding surveys) |
| (1) | In order to conduct a fact-finding survey, the head of the relevant Si/Gun/autonomous Gu shall formulate a fact-finding survey plan including the following matters by not later than 30 days before conducting the fact-finding survey: |
| 1. | Purpose and legal ground for fact-finding surveys; |
| 2. | Period and subject matters of fact-finding surveys; |
| 3. | Details of fact-finding surveys; |
| 4. | Specialized institution entrusted with fact-finding surveys (limited to cases where a specialized institution is designated pursuant to Article 5 (2) of the Act); |
| 5. | Other matters deemed necessary by the head of the relevant Si/Gun/autonomous Gu to conduct fact-finding surveys. |
| (2) | When a survey plan under paragraph (1) is formulated, the head of the relevant Si/Gun/autonomous Gu shall publicly notify the details thereof in the official report, etc. of the relevant local government for at least 14 days. |
| (3) | The head of the relevant Si/Gun/autonomous Gu may utilize information on unoccupied houses processed by the unoccupied house information system, if necessary for conducting a fact-finding survey. <Amended on Oct. 14, 2021> |
| Article 8-2 (Standards for determining grades of unoccupied houses) |
| (1) | "Criteria prescribed by Presidential Decree" in Article 5 (4) of the Act means the following institutions: |
| 1. | Degree of deterioration and substandard of major structures, including exterior walls, beams, roofs, etc.; |
| 2. | Degree of deterioration and substandard of internal facilities, including heating, water supply and electric facilities; |
| 3. | Degree of impact on the safety, passage, sanitation, landscape, etc. of the surrounding areas. |
| (2) | The grade of unoccupied houses under Article 5 (4) of the Act shall be classified into Grades I through Ⅲ in the order of low levels of deterioration, substandard, and influence on their surroundings. <Amended on Oct. 18, 2023> |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), detailed standards necessary for determining grades of unoccupied houses shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Added on Oct. 14, 2021]
| Article 8-3 (Use of and request for data or information on unoccupied houses) |
"Data and information prescribed by Presidential Decree, such as the certificate of registered information" in Article 8 (1) 4 of the Act means the following data or information:
| 1. | Certificate of registered information; |
| 2. | Data or information on demolition of electric meters under Article 19 (1) of the Electric Utility Act; |
| 3. | Data or information on installation of generation unit using solar energy under subparagraph 2 (a) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy; |
| 4. | Details of city gas charges imposed and notified under the Urban Gas Business Act; |
| 5. | Information on the amount of water consumption and water cutoff under the Water Supply and Waterworks Installation Act; |
| 6. | Current status of vacant and abandoned houses. |
[This Article Added on Oct. 18, 2023]
SECTION 2 Methods for Implementing Unoccupied House Improvement Projects
| Article 9 (Procedures for demolition of unoccupied houses) |
| (1) | Where the head of the relevant Si/Gun/autonomous Gu issues an order to take necessary measures, such as demolition of unoccupied houses, pursuant to Article 11 (1) of the Act, he or she shall notify the owner of an unoccupied house of the details, reasons, etc. of the order, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (2) | The demolition of an unoccupied house from among an order to take measures under paragraph (1) may be issued when a period prescribed by City/Do ordinance within the extent of at least 6 months from the date an unoccupied house improvement plan is publicly notified pursuant to the former part of Article 4 (4) of the Act (referring to the date on which the results of deliberation by the relevant local building committee are notified to the owner of the unoccupied house where the unoccupied house is deliberated by the relevant local building committee pursuant to the proviso, with the exception of the subparagraphs, of Article 11 (1) of the Act) expires. <Amended on Aug. 2, 2022> |
| (3) | Where the owner of an unoccupied house in receipt of an order to take measures under paragraph (1) is unable to implement such measures within the implementation period under the latter part, with the exception of the subparagraphs, of Article 11 (1) of the Act due to a natural disaster or any other unavoidable cause, he or she may file an application with the head of the relevant Si/Gun/autonomous Gu for an extension of the implementation period by not later than 7 days before the expiration of such period. |
| (4) | When the head of the relevant Si/Gun/autonomous Gu decides to demolish an unoccupied house ex officio pursuant to Article 11 (2) of the Act, he or she shall notify the owner of the unoccupied house of the grounds for demolition, etc., and when the scheduled date of demolition is determined, he or she shall serve a notice of demolition on the owner of the unoccupied house at least 7 days prior to the scheduled date of demolition, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
[Title Amended on Oct. 14, 2021]
| Article 10 (Compensation for dismantling unoccupied houses) |
| (1) | "Due compensation prescribed by Presidential Decree" in the former part of Article 11 (4) of the Act means the arithmetic average of the amounts appraised by at least 2 persons including an appraisal corporation, etc. under the Act on Appraisal and Certified Appraisers (hereinafter referred to as "appraisal corporation, etc.") . <Amended on Jan. 21, 2022> |
| (2) | The owner of an unoccupied house shall recommend 1 appraisal corporation, etc. to the head of the relevant Si/Gun/autonomous Gu within 14 days from the date he or she becomes aware of the decision demolish the unoccupied house ex officio pursuant to Article 9 (4), and the head of the relevant Si/Gun/autonomous Gu shall select an appraisal corporation, etc. under paragraph (1), including 1 appraisal corporation, etc. recommended by the owner of the unoccupied house; provided, this shall not apply where the whereabouts of the owner of the unoccupied house is unknown or where the owner of the unoccupied house fails to recommend an appraisal corporation, etc. within the period prescribed in the main clause. <Amended on Jan. 21, 2022> |
| (3) | Compensation under paragraph (1) shall be calculated based on the time when the head of the relevant Si/Gun/autonomous Gu notifies the owner of an unoccupied house of the decision to demolish the unoccupied house ex officio pursuant to Article 9 (4). |
| (4) | Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the procedures and methods for selecting appraisal corporations, etc. shall be prescribed by City/Do ordinance. <Amended on Jan. 21, 2022> |
| Article 10-2 (Purchase of unoccupied houses) |
| (1) | The purchase price of an unoccupied house under Article 11-2 (1) and (2) of the Act shall be the arithmetic mean of the amount appraised by at least 2 appraisal corporations, etc. (including 1 person recommended by the owner of the unoccupied house). <Amended on Jan. 21, 2022> |
| (2) | Where the owner of an unoccupied house intends to request the purchase of an unoccupied house pursuant to Article 11-2 (2) of the Act, he or she shall submit a written request for purchase of an unoccupied house (including a written request in an electronic form) prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or the head of the competent Si/Gun/autonomous Gu or to the Korea Land and Housing Corporation or other similar entity, along with a certificate of registered matters concerning the relevant land and building; provided, where the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or the head of the competent Si/Gun/autonomous Gu can verify the certificate of registered matters concerning the relevant land and building through administrative data matching under Article 36 (1) of the Electronic Government Act, such verification shall be substituted for the submission of documentation. <Amended on Mar. 17, 2020> |
| (3) | Except as provided in this Act, Articles 14 through 17 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the method, procedures, etc. for purchasing unoccupied houses. |
[This Article Added on Oct. 22, 2019]
| Article 10-3 (On-site inspection on unoccupied houses) |
The head of the relevant Si/Gun/autonomous Gu shall conduct an on-site inspection by the following methods within 30 days from the date of receipt of a report on unoccupied houses pursuant to Article 11-3 (2) of the Act:
| 1. | Verifying whether the relevant house is unoccupied; |
| 2. | Verifying the degree of deterioration and substandard of unoccupied houses; |
| 3. | Interview with the owner, occupant, or manager of an unoccupied house (hereinafter referred to as "owner, etc."); |
| 4. | Hearing opinions of residents in adjacent areas of unoccupied houses. |
[This Article Added on Oct. 14, 2021]
| Article 10-4 (Administrative guidance for owners of unoccupied houses) |
Where the head of the relevant Si/Gun/autonomous Gu provides administrative guidance pursuant to Article 11-3 (3) of the Act, he or she shall notify the owner, etc. of an unoccupied house of the following matters:
| 1. | Purpose of administrative guidance; |
| 2. | Details of measures necessary to ensure safety of unoccupied houses; |
| 3. | Details of measures necessary for improving surrounding landscape and conserving living environment; |
| 4. | Other matters necessary for improvement of unoccupied houses and efficient management, utilization, etc. thereof. |
[This Article Added on Oct. 14, 2021]
SECTION 3 Authorization for Project Implementation Plans
| Article 11 (Minor modification of authorization of project implementation plans) |
"Minor matters prescribed by Presidential Decree" in the proviso of Article 12 (1) of the Act means any of the following cases:
| 1. | Where the cost incurred in an unoccupied house improvement project is increased or decreased by up to 20 percent; provided, in cases of a project for constructing national housing under subparagraph 5 of Article 2 of the Housing Act (hereinafter referred to as "national housing"), it shall be limited to cases where the total amount of funds subsidized by the Housing and Urban Fund established under the Housing and Urban Fund Act (hereinafter referred to as the "Housing and Urban Fund") does not increase; |
| 2. | Where the area of the site is increased or decreased by up to 20 percent; |
| 3. | Where the location or area of the internal structure is changed by up to 20 percent of the area of each household for residential use only without changing the number of households and the area for residential use only per household (referring to the area for residential use only under subparagraph 6 of Article 2 of the Housing Act; hereinafter the same shall apply); |
| 4. | Where the scale of appurtenant facilities and welfare facilities, other than buildings, is extended; provided, the relocation of such facilities shall be excluded; |
| 5. | Where materials for interior or exterior finishes are changed; |
| 6. | Where changes are made to fulfill the conditions imposed at the time of authorizing the project implementation plan; |
| 7. | Where the layout of buildings and the alignment of roads in a housing complex are changed without changing locations and designs of such buildings by purpose of use; |
| 8. | Where any of the matters under Article 12 (3) of the Enforcement Decree of the Building Act is changed; |
| 9. | Where the name or place of business of the project implementer is changed; |
| 10. | Where the project implementation plan is modified according to change of an unoccupied house improvement project; |
| 11. | Where other matters prescribed by City/Do ordinance are changed. |
| Article 12 (Formulation of project implementation plans) |
Matters prescribed by City/Do ordinance pursuant to subparagraph 7 of Article 13 of the Act means the following: <Amended on Oct. 14, 2021>
| 1. | The name and implementation period of the project; |
| 2. | The name and address of the project implementer (if the project implementer is a corporation, referring to the name and address of the corporation and the name and address of its representative; hereinafter the same shall apply); |
| 3. | The financing plan of the project; |
| 4. | The details of the rights to land and buildings, etc. of the project, and the names and addresses of the persons holding such rights; |
| 5. | In cases of implementing unoccupied house improvement projects by means of subparagraph 4 of Article 9 of the Act, a plan to demolish existing housing (including the status of building materials containing asbestos in existing housing, if such materials are used; and a plan to remove and dispose of such building materials); |
| 6. | Drawings and specifications of buildings included in land use plans under subparagraph 2 of Article 13 of the Act. |
| Article 13 (Public notice of approval of completion and completion of construction works) |
| (1) | If a project implementer who is not the head of a Si/Gun, etc. intends to obtain authorization of completion of construction works or an unoccupied house improvement project under Article 14 (1) of the Act (hereinafter referred to as "authorization of completion of construction works"), he or she shall file an application for authorization of completion of construction works with the head of the relevant Si/Gun/autonomous Gu, along with documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, the foregoing shall not apply where the project implementer is the Korea Land and Housing Corporation and notifies the head of the relevant Si/Gun/autonomous Gu of the results of authorization of completion internally processed pursuant to Article 19 (3) of the Korea Land and Housing Corporation Act and Article 41 (2) of the Enforcement Decree of that Act: |
| 2. | Name and address of the project implementer; |
| 3. | Purpose and outline of project; |
| 4. | Location and the size of the project zone; |
| (2) | Where the head of a Si/Gun, etc. authorizes the completion of a project pursuant to Article 83 (3) of the Act, he or she shall issue a certificate of completion, stating the following information, to the project implementer in the Form prescribed by Decree of the Ministry of Land, Infrastructure and Transport: |
| 1. | Matters under paragraphs (1) 1, 2, and 4; |
| 2. | The date of the authorization of completion; |
| 3. | The details of the authorization of completion. |
| (3) | When the head of a Si/Gun, etc. publicly notifies the completion of construction works pursuant to Article 14 (3) and (4) of the Act, he or she shall include the matters under the subparagraphs of paragraph (2) in the public notice. |
| (4) | When a project implementer obtains a certificate of authorization of completion pursuant to paragraph (2) (referring to the time when the project implementer has notified the head of the relevant Si/Gun/autonomous Gu of the results of processing the authorization of completion pursuant to Article 19 (3) of the Korea Land and Housing Corporation Act and Article 41 (2) of the Enforcement Decree of that Act, if the project implementer is the Korea Land and Housing Corporation), the project implementer shall notify the eligible purchaser of the matters publicly notified pursuant to paragraph (2) without delay. |
| Article 14 (Establishment of unoccupied house information system) |
| (1) | "Data or information prescribed by Presidential Decree" in the former part of Article 15 (3) of the Act means the following data or information: <Amended on Oct. 27, 2020; Oct. 18, 2023> |
| 1. | Data or information under the subparagraphs of Article 8 (1) of the Act; |
| 2. | Copy of the building register under Article 38 of the Building Act; |
| 3. | Copy of land cadastre and forest land cadastre under Article 71 of the Act on the Establishment and Management of Spatial Data; |
| 4. | Information on building energy and greenhouse gases under Article 10 (1) of the Green Buildings Construction Support Act; |
| 5. | Information on real estate values and related statistics under Article 15 (1) of the Act on the Public Announcement of Real Estate Values; |
| 6. | The actual transaction price under subparagraph 1 (e) of Appendix 1 of the Enforcement Decree of the Act on Report on Real Estate Transactions. |
| (2) | The Personal Information Protection Act shall apply to the processing of personal information included in data or information under Article 15 (3) of the Act. |
| Article 15 (Specialized institution building and operating unoccupied house information system) |
"Specialized institution prescribed by Presidential Decree" in Article 15 (4) of the Act means the following institutions: <Amended on Dec. 8, 2020>
| 1. | The Korea Real Estate Board; |
| 2. | The Korea National Land Information Corporation; |
| 3. | The Korea Land and Housing Corporation; |
| 4. | A local government-invested public corporation recognized the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") to have human resources, technology, facilities, etc. capable of establishing and operating an unoccupied house information system; |
| 5. | Any other institution recognized by the Minister of Land, Infrastructure and Transport to be equipped with human resources, technology, facilities, etc. capable of establishing and operating an unoccupied house information system. |
| (2) | Where an institution under any subparagraph of paragraph (1) allows it to establish and operate an unoccupied house information system pursuant to Article 15 (4) of the Act, a Mayor/Do Governor may subsidize expenses incurred in performing its affairs within the budget. |
| Article 15-2 (Provision of information on unoccupied houses) |
"Information ...<omitted>... prescribed by Presidential Decree" in the latter part of Article 15 (5) of the Act means the following documents:
| 1. | Results of surveys on the matters under Article 5 (1) 2 through 4 of the Act; |
| 2. | Results of surveys on matters under subparagraph 1 of Article 6. |
[This Article Added on Oct. 22, 2019]
[Previous Article 15-2 Moved to Article 15-3 <Oct. 22, 2019>]
CHAPTER III SMALL-SCALE HOUSING IMPROVEMENT PROJECTS
SECTION 1 Methods for Implementing Small-Scale Housing Improvement Projects
| Article 15-3 (Inclusion area of small-scale housing improvement projects) |
"Not exceeding the inclusion area prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 16 (3) of the Act means less than 20/100 of the area of a housing complex.
[This Article Added on Jun. 12, 2018]
[Moved from Article 15-2 <Oct. 22, 2019>]
| Article 15-4 Deleted. <Oct. 18, 2023> |
| Article 16 (Public notice and notification of project implementers) |
| (1) | "Matters prescribed by Presidential Decree, such as the project zone" in the main clause of Article 18 (2) of the Act and the former part of Article 19 (2) of the Act means the following: <Amended on Oct. 18, 2023> |
| 1. | Type and title of the project; |
| 2. | Name and address of the project implementer; |
| 3. | Location and the size of the project zone; |
| 4. | Scheduled date for commencing and completing the project. |
| (2) | When the head of the relevant Si/Gun/autonomous Gu gives public notice under the main clause of Article 18 (2) of the Act or Article 19 (2) of that Act, he or she shall notify the owner of land or other property of the matters under the subparagraphs of paragraph (1). |
| Article 17 (Requirements for qualified developers) |
"Trust business entity who meets requirements prescribed by Presidential Decree" in Article 19 (1) of the Act means a trust business entity that is trusted with land of at least 1/3 of the area of a project zone.
| Article 18 (Selection of contractors) |
| (1) | "Small-scale housing improvement project not exceeding the scale prescribed by Presidential Decree" in the provisos of Article 20 (2) and (4) of the Act means a small-scale housing improvement project for which the owner of land or other property or the members of an association do not exceed 30 persons, respectively. <Amended on Jan. 18, 2022> |
| (2) | "Competitive bidding prescribed by Presidential Decree" in the proviso of Article 20 (4) of the Act means a bidding method that meets all the following requirements: |
| 1. | It shall be a general competitive bidding process, a limited competitive bidding process, or an invited bidding process; |
| 2. | The bidding process under subparagraph 1 shall be publicly announced at least once in daily newspapers distributed in the relevant area; and an on-site presentation session shall be held for prospective bidders; |
| 3. | A joint promotional presentation session shall be held for residents in the relevant area; |
| 4. | The submitted bids shall be submitted for voting by the owners of land or other property, and the result of the vote shall be reflected in selecting the successful bidder. |
SECTION 2 Organization of Residents' Consensus Bodies and Establishment of Associations
| Article 19 (Minor modification of written agreement of residents) |
"Minor matters prescribed by Presidential Decree" in the proviso of Article 22 (7) of the Act means matters prescribed by City/Do ordinance pursuant to paragraph (6) 8 of that Article. <Amended on Sep. 17, 2021>
| Article 20 (Procedures for authorization to establish associations) |
| (1) | Matters requiring the consent of the owner of land or other property with respect to the establishment of an association pursuant to the provisions of Article 23 (1) through (4) of the Act shall be as follows: <Amended on Sep. 17, 2021> |
| 1. | Schematic designs of the buildings to be built; |
| 2. | Improvement project costs under Article 23 (1) 2 of the Act (hereinafter referred to as "improvement project cost"); |
| 3. | Standards for apportioning the improvement project costs; |
| 4. | Vesting ownership in property after completion of the project; |
| 5. | Articles of association. |
| (2) | The consent of the owner of land or other property under paragraph (1) shall be obtained by means prescribed in Article 25 (1) of the Act in a written consent prescribed by Decree of the Ministry of Land, Infrastructure and Transport; in such cases, the following matters shall be provided in writing to the owner of land or other property before obtaining such consent: <Amended on Oct. 18, 2023> |
| 1. | Matters under the subparagraphs of paragraph (1); |
| 2. | The estimated charge apportioned to the owner of land or other property and the ground for calculating the amount. |
| (3) | When the establishment of an association is authorized pursuant to the former part of Article 23 (1), with the exception of its subparagraphs, of the Act and paragraphs (2) and (4) of that Article, the association shall notify the owner of land or other property of details of the authorization, as prescribed by its articles of association and shall make such details available to interested persons for inspection. <Amended on Sep. 17, 2021> |
| (4) | Matters concerning expenses incurred in procedures for authorization to establish associations under Article 23 of the Act shall be prescribed by the articles of association. <Added on Oct. 18, 2023> |
| Article 20-2 (Convocation procedures for inaugural general meetings) |
| (1) | Where the owner of land or other property intends to hold an inaugural general meeting under Article 23 (1), (2), or (4) of the Act (hereinafter referred to as "inaugural general meeting"), they shall appoint a representative with the consent of a majority of the owner of land or other property. |
| (2) | An inaugural general meeting shall be convened by the representative ex officio or at the request of at least 1/5 of the owner of land or other property; provided, notwithstanding the request for convocation of at least 1/5 of the owner of land or other property, if the representative fails to comply with the request for convocation for at least 2 weeks, the representative of the person who has requested the convocation may convene the meeting. |
| (3) | The representative shall disclose the purpose, date, time, and venue of the inaugural general meeting, agenda items, qualifications for attendance, required materials, etc. through the information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection, such as the website, and shall notify the owner of land or other property by registered mail, by not later than 14 days before the date of the inaugural general meeting. <Amended on Oct. 18, 2023> |
[This Article Added on Aug. 2, 2022]
| Article 20-3 (Matters subject to resolution of inaugural general meetings) |
| (1) | The inaugural general meetings shall resolve on the following matters: |
| 1. | Ratification of the articles of association; |
| 2. | Appointment of executive of officers; |
| 3. | Appointment of representatives; |
| 4. | Other matters notified pursuant to Article 20-2 (3) and decided to be resolved at the inaugural general meeting. |
| (2) | The resolution proposed at the inaugural general meeting shall be made with the attendance of a majority of the owners of land or other property (limited to those who have consented to the establishment of an association in cases of a small-scale reconstruction project) and the concurring vote of a majority of the owners of land or other property present at the meeting; provided, where the method of resolution on the matters under paragraph (1) 2 and 3 is otherwise prescribed by the articles of association, it shall govern. |
[This Article Added on Aug. 2, 2022]
| Article 21 (Minor modifications of matters subject to authorization to establish associations) |
"Modification of minor matters prescribed by Presidential Decree" in the proviso of Article 23 (5) of the Act means the following: <Amended on Sep. 17, 2021; Oct. 18, 2023>
| 1. | Obvious mistakes, typographical errors and omissions; |
| 2. | The name and principal place of business of the association and the name and address of the president of the association (limited to where the president of the association is not replaced); |
| 3. | Replacing an association member or admission of a new association member, where an association member's rights are transferred by the sale of land or building or by other events; |
| 4. | Replacing an association executive officer or a representative (limited to where such replacement occurs according to a resolution in a general meeting under Article 45 of the Act on the Improvement of Urban Areas and Residential Environments applied mutatis mutandis pursuant to Article 56 of the Act or a resolution in a representatives' meeting under Article 46 of that Act); |
| 5. | Schematic designs of the buildings to be built; |
| 6. | Changing any of the improvement project costs; |
| 7. | Where association members are changed, as stipulated by articles of association, due to cash settlements; |
| 7-2. | Adjusting the area of a project zone by up to 10 percent; |
| 8. | Other matters prescribed by City/Do ordinance. |
| Article 21-2 (Public notice of authorization to establish associations) |
"Matters prescribed by Presidential Decree, including a project zone" in Article 23 (9) of the Act means the following: <Amended on Oct. 18, 2023>
| 1. | Type and title of the project; |
| 2. | Location and the size of the project zone; |
| 3. | Scheduled date for undertaking a project and that for completion of work; |
| 4. | The association's name and place of business. |
[This Article Added on Aug. 2, 2022]
| Article 21-3 (Methods of requesting dissolution of association) |
| (1) | Where an association intends to request the dissolution of the association pursuant to Article 23-2 (1) of the Act, it shall submit a written request prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the head of the relevant Si/Gun/autonomous Gu, along with a copy of the minutes of the general meeting at which the dissolution of the association was resolved. |
| (2) | Where the head of the relevant Si/Gun/autonomous Gu orders an association to take measures, such as the correction of business affairs, pursuant to Article 23-2 (2) of the Act, he or she shall issue a written order to take measures prescribed by Decree of the Ministry of Land, Infrastructure and Transport, specifying the following matters: |
| 1. | Details of order to take measures; |
| 2. | Reasons of order to take measures; |
| 3. | Implementation period of order to take measures; |
| 4. | A statement to the effect that if an order to take measures is not complied with by the deadline under subparagraph 3, the authorization to establish an association may be revoked. |
| (3) | Where an association in receipt of an order issued under paragraph (2) is unable to comply with the measures by the deadline therefor due to a natural disaster or any other unavoidable cause, it may request the head of the relevant Si/Gun/autonomous Gu to extend the deadline by no later than 7 days before the deadline. |
| (4) | When an association has complied with an order to take measures under paragraph (2), it shall submit the results of such compliance to the head of the relevant Si/Gun/autonomous Gu within 15 days. |
[This Article Added on Aug. 2, 2022]
| Article 21-4 (Procedures for revocation of authorization to establish associations) |
| (1) | Where the head of the relevant Si/Gun/autonomous Gu intends to revoke authorization to establish an association pursuant to Article 23-2 (2) of the Act, he or she shall make it available for public inspection to residents for at least 14 days and hear their opinions. |
| (2) | Where the head of the relevant Si/Gun/autonomous Gu revokes authorization to establish an association pursuant to Article 23-2 (2) of the Act, he or she shall send a notice of revocation prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the association by no later than 7 days before the scheduled date of revocation. |
[This Article Added on Aug. 2, 2022]
| Article 21-5 (Activities subject to permission) |
| (1) | "Act prescribed by Presidential Decree, such as ...<omitted>... piling goods" in Article 23-3 (1), with the exception of its subparagraphs, of the Act means the following acts: |
| 1. | Building a temporary building; |
| 2. | Altering the purpose of use of buildings; |
| 3. | Piling up goods that are difficult to move for at least 1 month; |
| 4. | Felling or planting bamboo and trees. |
| (2) | "Acts prescribed by Presidential Decree" in Article 23-3 (2) 3 of the Act means the following acts: |
| 1. | Installing portable structures, prescribed by Decree of the Ministry of Land, Infrastructure and Transport, which are used directly for producing agricultural or fishery products; |
| 2. | Changing the form and quality of land for cultivation; |
| 3. | Extracting soil and stones that meet all of the following requirements: |
| (a) | There will be no disruption to the development of the project zone; |
| (b) | It shall not damage the natural scenery; |
| 4. | Storing materials on a building site to remain in the project zone; |
| 5. | Temporarily planting ornamental bamboo and trees (excluding planting them in a farmland). |
| (3) | A person who intends to file a report under Article 23-3 (3) of the Act shall file a report in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport with the head of the relevant Si/Gun/autonomous Gu within 30 days from the date prescribed in the subparagraphs of paragraph (1) of that Article, along with the progress of the ongoing construction works or projects and an implementation plan, attached thereto. |
[This Article Added on Aug. 2, 2022]
| Article 22 (Eligibility requirements for association members) |
| (1) | "Period prescribed by Presidential Decree" in Article 24 (2) 4 of the Act means the following periods: <Added on Aug. 2, 2022> |
| 1. | The period of ownership: 5 years; |
| 2. | The period of residence: 3 years. |
| (2) | The period of residence under paragraph (1) 2 shall be calculated based on the resident registration record cards under Article 7 (1) of the Resident Registration Act. <Added on Aug. 2, 2022> |
| (3) | "Cases prescribed by Presidential Decree" in Article 24 (2) 5 of the Act means the following cases: <Amended on Aug. 2, 2022> |
| 1. | Where no application for authorization for a project implementation plan under Article 29 of the Act (hereinafter referred to as "authorization for a project implementation plan") has been filed from the date of authorizing the establishment of the association to the date of transfer, and where the period of such authorization is at least 2 years and the building of the relevant project has been owned continuously for at least 2 years; |
| 2. | Where he or she fails to file a report on the commencement of the construction works (referring to a report on the commencement of the construction works under Article 21 of the Building Act; hereafter the same shall apply in this paragraph) from the date of authorization for the project implementation plan to the date of transfer, and the period is at least 2 years and the building or land of the relevant project is owned continuously for at least 2 years; |
| 3. | Where it has not obtained authorization for completion from the date on which the commencement of the construction works is reported to the date of transfer and the period is at least 3 years and the land of the relevant project has been owned continuously for at least 3 years; |
| 4. | Where a building or land in the relevant project is sold through an auction or public auction because of failure to pay any debt to the State, a local government, or a financial institution (referring to any of the financial institutions under the items of subparagraph 1 of Article 71 of the Enforcement Decree of the Housing Act); |
| 5. | Where a transaction contract of a building or land is entered before the designation as a high-speculation area under Article 63 (1) of the Housing Act, and the transaction of real estate is reported pursuant to Article 3 of the Act on Report on Real Estate Transactions after the designation of the high-speculation area. |
| Article 22-2 (Methods of stamping consent by owners land or other property) |
| (1) | Any person who wishes to have a written consent stamped under the latter part of Article 25 (1) of the Act shall file an application for stamping on a written consent under Article 20 (2) to the head of the relevant Si/Gu/autonomous Gu, along with the documents stating the matters the subparagraphs of paragraph (1) of that Article. |
| (2) | Upon receipt of an application under paragraph (1), the head of the relevant Si/Gun/autonomous Gu shall confirm whether the written consent contains the matters under the subparagraphs of Article 20 (1) and then stamp the written consent by allocating a serial number thereto. |
| (3) | The head of a Si/Gu/autonomous Gu shall deliver the stamped written consent to the applicant within 20 days from the filing date of the application under paragraph (1). |
[This Article Added on Aug. 2, 2022]
| Article 23 (Methods for counting number of consenting owners of land or other property) |
`Article 33 of the Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments shall apply mutatis mutandis to the method of calculating the number of the owners of land or other property who have given consent (referring to the owners of land where the number of the owners thereof related to an area of land is calculated) under Article 25 (1) of the Act. In such cases, "residential environment improvement projects" shall be construed as "autonomous housing improvement projects, housing improvement projects in a city block, or small-scale redevelopment projects" and "reconstruction projects" as "small-scale reconstruction projects". <Amended on Sep. 17, 2021>
SECTION 3 Project Implementation Plans
| Article 24 (Deliberation on construction) |
| (1) | "Matters prescribed by Presidential Decree, such as heights, numbers of floors, and the floor area ratios of buildings" in Article 26 (1) of the Act means the following matters; provided, where a project zone, which is a district-unit planning zone designated pursuant to Article 51 of the National Land Planning and Utilization Act, has undergone deliberation by the Central Urban Planning Committee or City/Do urban planning committee (including joint deliberation by a building committee and an urban planning committee) pursuant to Article 30 (3) of that Act, shall be excluded herefrom: <Amended on Dec. 31, 2018; Oct. 22, 2019; Sep. 17, 2021> |
| 1. | Where the project zone is a city block in which a housing improvement project in a city block is implemented, whether such zone meets the requirements under Article 3 (1) 2; |
| 2. | A plan specifying the main uses, the building-to-land ratio, the floor area ratio, and height of buildings (where a construction agreement has been concluded pursuant to Article 77-4 of the Building Act, the details of the construction agreement shall be included); |
| 3. | A plan regarding building boundaries of buildings; |
| 3-2. | A plan for designating special building zones under Article 69 of the Building Act and special city blocks under Article 77-2 of that Act; |
| 4. | A plan to construct fundamental infrastructure; |
| 5. | A plan for constructing joint-use facilities; |
| 6. | A plan for environmental conservation and disaster prevention; |
| 7. | Other matters prescribed by City/Do ordinance. |
| (2) | The owners of land or other property may files an application for predetermination on the following matters with the head of the relevant Si/Gun/autonomous Gu before reporting a written agreement of residents pursuant to Article 22 (5) of the Act or filing an application for authorization to establish an association pursuant to Article 23 (1) and (2) of the Act; in such cases, Article 10 (5) of the Building Act shall apply mutatis mutandis to the procedures for filing applications, documents required for filing such applications, notice thereof, etc.: <Amended on Oct. 22, 2019; Sep. 17, 2021> |
| 1. | Where an autonomous housing improvement project in excess of the standards under Article 3 (1) 1 (b) 1) through 3 is to be implemented pursuant to the proviso, with the exception of Article 3 (1) 1 (b) 1) through 3): Whether the number of units or households of existing housing in the project zone is appropriate; |
| 2. | Where a housing improvement project in a city block is implemented pursuant to Article 3 (2) 2 (a) and (b) in a city block in excess of the standards prescribed in the main clause, with the exception of its items, of Article 3 (2) 2 (a) and (b): The scale of the project zone and whether the fundamental infrastructure and joint-use facilities are appropriate. |
[Title Amended on Oct. 22, 2019]
| Article 25 (Public announcement of building sites or units for sale and applications to purchase building sites or units) |
| (1) | "Matters prescribed by Presidential Decree, such as the details of sites or buildings for sale in units" in Article 28 (1), with the exception of subparagraphs, of the Act means the following: <Amended on Dec. 31, 2018> |
| 1. | The category and name of a project and the location and area of the project zone; |
| 2. | Matters under Article 24 (1) 2 through 5; |
| 3. | Details of sites or buildings for sale in unit; |
| 4. | Eligibility requirements and methods for filing applications to purchase a building site or units; |
| 5. | The period and place for filing applications to purchase a building site or unit; |
| 6. | Methods for reporting rights held by right holders other than the owners of land or other property; |
| 7. | Measures for persons failing to file an application to purchase building sites or units; |
| 8. | Other matters prescribed by City/Do ordinance. |
| (2) | "Matters prescribed by Presidential Decree" in Article 28 (1) 4 of the Act means the following: |
| 1. | Matters under paragraphs (1) 1 through 7; |
| 2. | An application to purchase a building site or unit; |
| 3. | Other matters prescribed by City/Do ordinance. |
| (3) | A person who intends to apply to purchase a building site or unit pursuant to Article 28 (3) of the Act shall clearly indicate his or her ownership in the application to purchase a building site or unit under paragraph (2) 2 and shall submit the application to the relevant project implementer. In such cases, an application to purchase a building site or unit by mail shall be sent by mail certifying that the application is dispatched during the period for filing applications to purchase a building site or unit under paragraph (1) 5. |
| (4) | A project implementer in receipt of an application to purchase a building site or unit pursuant to paragraph (3) shall verify land registration certificates and building registration certificates concerning ownership stated in the application through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the project implementer is not an institution using the Public Information Sharing Center under Article 37 of that Act, the project implementer shall be required to attach such certificate. |
| Article 26 (Minor modification of authorized matters of project implementation plans) |
"Amendment to minor matters prescribed by Presidential Decree" in Article 28 (4) of the Act and the proviso of Article 29 (1) of the Act means any of the following: <Amended on Mar. 17, 2020; Sep. 17, 2021; Oct. 14, 2021>
| 1. | Increase or decrease by up to 20 percent of the improvement project cost; provided, in cases of a project for constructing national housing, the total amount of subsidies from the Housing and Urban Fund shall be limited to where the total amount does not increase; |
| 2. | Increase or decrease by up to 20 percent of the area of a project zone; provided, in cases of a housing improvement project in a city block, it shall be limited to any of the following cases: |
| (a) | Where the size of the modified project zone is less than 10,000 square meters; |
| (b) | Where the project zone is modified zone within the scope of not less than 10,000 square meters but not more than 20,000 square meters and meets the following requirements: |
1) Where a district-unit planning zone and a district-unit plan under the National Land Planning and Utilization Act have been designated and formulated: It shall fall under minor matters under the proviso of Article 30 (5) of that Act;
2) Other cases: It shall not be cases where a district-unit planning zone can or shall be designated pursuant to Article 51 of the National Land Planning and Utilization Act;
| 3. | Where the scale of appurtenant facilities and welfare facilities, other than buildings, is extended; provided, the relocation of such facilities shall be excluded; |
| 4. | Modification of the interior layout or area of each household for residential use only by not more than 20 percent thereof without changing the number of housing units and the area of each household for residential use; |
| 5. | Change of materials for interior or exterior finishes; |
| 6. | Modification of authorized matters to fulfill the conditions imposed at the time of authorizing the project implementation plan; |
| 7. | Modification of the layout of buildings and the alignment of roads in a housing complex without changing locations and designs of such buildings by purpose of use; |
| 8. | Modification of the matters falling under any of the subparagraphs under Article 12 (3) of the Enforcement Decree of the Building Act; |
| 9. | Modification of the name or place of business of the project implementer; |
| 10. | Modification of the project implementation plan following the modification to the authorization to establish an association under the main clause of Article 23 (5) of the Act; |
| 11. | Where a management and disposal plan is modified in accordance with the modification of the articles of association, etc. under Article 28 (5) of the Act (hereinafter referred to as "articles of association, etc."); |
| 12. | Where a management and disposal plan is modified according to the final and binding judgment on request for sale under Article 35 of the Act; |
| 13. | Where a management and disposal plan is modified to supply rental housing to persons who meet the conditions for supplying rental housing under subparagraph 1 (b) of Appendix 1; |
| 14. | Where the address and the name of a rental business entity under subparagraph 7 of Article 2 of the Special Act on Private Rental Housing (if such business entity is a corporation, the location of the corporation and the name of its representative) is modified; |
| 15. | Matters concerning correction of minor mistakes, misspellings, omission, or apparent errors equivalent thereto (limited to cases where no one is disadvantaged by such correction); |
| 16. | Other modification of matters prescribed by City/Do ordinance. |
| Article 27 (Preparation of project implementation plans) |
| (1) | "Matters prescribed by City/Do ordinance, as prescribed by Presidential Decree" in Article 30 (1) 11 of the Act means matters prescribed by City/Do ordinance, among the following: <Amended on Mar. 17, 2020; Sep. 17, 2021> |
| 1. | Type, name, and implementation period of the project; |
| 2. | Name and address of the project implementer; |
| 3. | The financing plan of the project; |
| 4. | Details of land or buildings, etc. of the project, and the names and addresses of the persons holding such rights; |
| 5. | Details of buildings or structures, etc. in the project zone, deemed obstacles to the implementation of the project; |
| 6. | A plan to demolish existing buildings (if building materials containing asbestos are used, including the status thereof and a plan to demolish and dispose of such building materials); |
| 7. | Details of existing buildings that need not be demolished but require repair and a repair plan thereof; |
| 8. | Drawings and specifications of buildings included in land use plans under Article 30 (1) 2 of the Act; |
| 9. | Protocols and drawings of the fundamental infrastructure newly constructed pursuant to Article 43 (2) of the Act and existing fundamental infrastructure; |
| 9-2. | Matters concerning Article 3 (1) 2 (a) 3); |
| 10. | A report on State or public land transferred gratuitously to the project implementer; |
| 11. | Establishment of utility tunnels under subparagraph 9 of Article 2 of the National Land Planning and Utilization Act; |
| 12. | A plan to treat rainwater, such as installation and management of rainwater harvesting facilities, under Article 8 of the Act on Promotion and Support of Water Reuse; |
| 13. | Matters concerning preferential sale, etc. to commercial tenants after completion of the project. |
| (2) | Where a project implementer (excluding cases where a project implementer is the head of a Si/Gun, etc.) intends to include details concerning the disposal, etc. of State or public property in the details of a project implementation plan, he or she may request the head of the relevant Si/Gun/autonomous Gu to consult in advance on the methods of disposal, etc. of State or public property. In such cases, the head of the relevant Si/Gun/autonomous Gu shall comply with such request, unless there is a compelling reason not to do so. <Added on Sep. 17, 2021> |
| Article 28 (Determination of project management expenses in implementation rules) |
"Standards prescribed by Presidential Decree" in subparagraph 11 of Article 31 of the Act means 7/100 of the total improvement project costs.
| Article 29 (Scale of housing and construction ratio) |
| (1) | The number of floors of a building to be constructed as a housing improvement project in a city block pursuant to Article 32 (1) of the Act shall be governed by Article 76 of the National Land Planning and Utilization Act and Article 71 of the Enforcement Decree of that Act; provided, in cases of a Class-II general residential area among special-purpose areas under the National Land Planning and Utilization Act, the restriction on the number of floors may be separately determined and applied by City/Do ordinance in consideration of the size of the city block, the width of roads therein, etc. <Amended on Aug. 2, 2022> |
| (2) | "Limit prescribed by Presidential Decree" in Article 32 (2) of the Act means not more than 60/100; provided, where a small-scale reconstruction project implemented in an overconcentration control region under Article 6 (1) 1 of the Seoul Metropolitan Area Readjustment Planning Act meets all of the following requirements, the construction ratio of housing in the size of national housing under subparagraph 6 of Article 2 of the Housing Act shall not apply: |
| 1. | In cases of housing to be sold to association members, the area for residential use only of existing housing shall be reduced, or the size of each housing shall be increased by not more than 30 percent; |
| 2. | The area for residential use only of all housing to be sold to any person other than association members shall be of a size not exceeding 85 square meters. |
| Article 30 (Contents of management and disposal plans) |
"Matters prescribed by Presidential Decree" in Article 33 (1) 9 of the Act means the following matters: <Amended on Oct. 14, 2021>
| 1. | Details of reserved areas, etc. under the former part of Article 34 (4) of the Act, estimated amount of the charge of such areas, and methods for disposing of such areas; |
| 2. | Details of land, buildings, and other rights previously owned or held by owners of land or other property for which the consultation on compensation is commenced pursuant to Article 36 of the Act; and the methods for disposing of such land, buildings, and other rights; |
| 3. | A plan to sell sites or buildings in proportion to the cost to be borne under Article 31 (1) 4, limits on the cost to be borne, and methods and timing for paying such cost; in such cases, the standard limit on the building site or unit a person may purchase in return for the cost borne shall be 50 percent of the cost to be borne in proportion to the value of land or buildings previously owned by the person, except as otherwise prescribed by articles of association, etc.; |
| 4. | Details of fundamental infrastructure that will fall into disuse due to the implementation of the project and newly installed fundamental infrastructure; |
| 5. | The scheduled timing to demolish existing buildings; |
| 6. | Other matters prescribed by City/Do ordinance. |
| Article 31 (Methods for management and disposal) |
| (1) | The methods of managing and disposing of a housing improvement project in a city block or a small-scale redevelopment project under Article 33 of the Act shall be as follows: <Amended on Sep. 17, 2021; Jan. 18, 2022> |
| 1. | If the area for residential use only of housing for sale is restricted by City/Do ordinance, housing in sizes not exceeding such area shall be supplied; |
| 2. | The site of each building shall be a separate lot of land; provided, the foregoing shall not apply to housing complexes; |
| 3. | Housing shall be sold to the owners of land or other property (excluding holders of a surface right; hereafter in this Article the same shall apply) in the relevant improvement zone; provided, in selling multi-family housing, the owners of land or other property who do not meet the criteria prescribed by City/Do ordinance concerning the amount, scale, the timing of acquisition or categories may be deemed ineligible purchasers, as prescribed by City/Do ordinance; |
| 4. | Where a building site consisting of 1 parcel of land and a building constructed thereon (excluding cases of setting the remaining land or buildings as reserved land or buildings or sell them in units to persons other than association members pursuant to the former part of Article 34 (4) of the Act) is sold to at least 2 persons, such building site shall be sold in proportion to the price of existing land and buildings and the costs borne by the owners of land or other property pursuant to subparagraph 3 of Article 30; |
| 5. | The common area of a building jointly acquired by eligible purchasers shall be co-owned by each right-holder, but each right-holder's share in such common use area shall be determined according to the location and floor area of the exclusive part acquired by each right-holder; and other factors; |
| 6. | Where a building to be sold to at least 2 persons is built on 1 lot of the site, the ownership in the building site shall be given in proportion to the area of the building sold to each person and land shall be co-owned by such persons; provided, if a building built on the site consists of a housing and a building for other use, the ownership of the site shall be distributed reasonably according to the use, size, etc. of the building; |
| 7. | The order of priority in the supply of housing, appurtenant facilities, and welfare facilities shall be determined in consideration of the value of existing land or buildings. In such cases, detailed guidelines for determining the order of priority shall be prescribed by City/Do ordinance. |
| (2) | The methods of management and disposal of a small-scale housing reconstruction project under Article 33 of the Act shall be as follows; provided, if an association has different guidelines established with consent from all association members, such guidelines shall apply to a reconstruction project: |
| 1. | Methods under paragraphs (1) 5 through 7 shall be followed; |
| 2. | New appurtenant facilities or welfare facilities shall be supplied to the owners of existing appurtenant facilities or welfare facilities (including the land appurtenant to such facilities; hereafter in this subparagraph the same shall apply); provided, 1 housing may be supplied in any of the following cases: |
| (a) | Where no new appurtenant facilities or welfare facilities are built and the value of existing appurtenant facilities or welfare facilities exceeds the value calculated by multiplying the estimated value of a housing unit to be sold in the smallest size by the rate prescribed by articles of association, etc. (the rate shall be deemed 1, if no rate has been prescribed by articles of association, etc.; hereafter in this Article the same shall apply); |
| (b) | Where the amount calculated by subtracting the estimated value of newly supplied appurtenant facilities or welfare facilities from the value of existing appurtenant facilities or welfare facilities exceeds the value calculated by multiplying the estimated value of a housing unit to be sold in the smallest size by the rate prescribed by articles of association, etc.; |
| (c) | Where the estimated value of newly built appurtenant facilities or welfare facilities to be sold in the smallest size exceeds the estimated value of a housing unit to be sold in the smallest size. |
| (3) | Where Article 74 (4) of the Act on the Improvement of Urban Areas and Residential Environments applies mutatis mutandis to the assessment of property or rights under Article 33 (1) 3, 5, and 8 of the Act pursuant to Article 56 of the Act, "reconstruction project" under subparagraph 1 (b) of that paragraph shall be construed as "housing improvement project in a city block, a small-scale reconstruction project, or a small-scale redevelopment project", and "general meeting of an association" shall be construed as "general meeting of an association, a residents' consensus meeting, a resident representatives' committee under Article 25 (2) of the Act, or a general meeting of the owners of land or other property under the former part of Article 35 (3) of the Act." <Added on Jun. 12, 2018; Jan. 18, 2022> |
| Article 32 (Procedures for filing applications to purchase building sites or units supplied to general public) |
`Article 54 of the Housing Act shall apply mutatis mutandis to public announcement of sale in units, procedures for filing applications for sale in units, and other necessary matters under Article 34 (4) of the Act. In such cases, "project entity" shall be construed as "project implementer (referring to the Korea Land and Housing Corporation, or any similar entity, if the Korea Land and Housing Corporation, or any similar entity is a co-project implementer)". <Amended on Oct. 22, 2019>
| Article 33 (Procedures for and price of acquisition of publicly-funded private rental housing) |
| (1) | The acquisition price of publicly-funded private rental housing under the former part of Article 34 (5) of the Act (hereinafter referred to as "publicly-funded private rental housing") shall be the sum of the construction costs and the price of the appurtenant land, and the construction costs of the relevant rental housing and the price of the appurtenant land thereof shall be the arithmetic mean of the amount appraised by at least 2 appraisal corporations (including 1 person recommended by an association or the owner of land or other property) on the basis of the date on which the results of deliberation under Article 26 of the Act are notified (in cases of an autonomous housing improvement project, referring to the date on which authorization of completion and completion of construction are publicly notified under Article 39 of the Act): <Amended on Oct. 22, 2019; Jan. 21, 2022> |
| (2) | Necessary matters, such as prior negotiations for executing an agreement to acquire publicly-funded private rental housing, execution of an agreement for acquisition, and the method for paying the price for acquisition, shall be as separately determined by the acquirer (referring to the Minister of Land, Infrastructure and Transport, the head of the competent Si/Gun/autonomous Gu, the Korea Land and Housing Corporation, or any similar entity under Article 34 (5) of the Act). <Amended on Jul. 16, 2018> |
[Title Amended on Jul. 16, 2018]
| Article 34 (Supply of rental housing) |
| (1) | "Limits prescribed by Presidential Decree" in Article 34 (6) of the Act means Appendix 1. |
| (2) | Where deemed necessary to verify the eligibility of lessees of publicly-funded private rental housing under Article 34 (6) of the Act, the head of the relevant Si/Gun/autonomous Gu may request the Minister of Land, Infrastructure and Transport to search relevant information through the computer network for housing comprised pursuant to the Act on Promotion of Information and Communications Network Utilization and Information Protection. |
SECTION 4 Measures for Implementing Projects
| Article 34-2 (Compensation for losses by formulation of relocation measures) |
| (1) | If the owner of a building did not continue residing in the building from the date of approval and public notification of the small-scale housing improvement management plans under Article 43-2 (4) of the Act (hereinafter referred to as "small-scale housing improvement management plans") to the date the relevant contract is signed or the date of adjudication on expropriation, such owner shall be ineligible for measures for relocation pursuant to the proviso of Article 35-2 (2) of the Act and Article 40 (5) 2 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land for Public Works Projects; provided, the foregoing shall not apply to cases falling under that subparagraph (excluding item (e) of that subparagraph). <Amended on Oct. 18, 2023; Nov. 28, 2023> |
| (2) | In assessing losses incurred in discontinuing or suspending business operations due to a small-scale redevelopment project or a housing improvement project in a city block implemented in a small-scale housing improvement management area pursuant to the proviso of Article 35-2 (2) of the Act, the period of suspension of business operations shall not exceed 4 months; provided, such losses shall be assessed for the period business operations are actually suspended in either of the following cases, but the period of suspension of business operations shall not exceed 2 years in such cases: |
| 1. | Where it is impossible to continue business operations for at least 4 months due to prohibition or restriction on business operations for the relevant improvement project; |
| 2. | Where it is impracticable to relocate business facilities within 4 months due to distinct characteristics of the relevant business as the scale of business facilities is substantial or relocation requires precision. |
| (3) | Where a person is compensated for business losses pursuant to paragraph (2), the time such person is recognized as eligible for such compensation shall be the date of public notice of the designation, etc. |
| (4) | Where relocation expenses are compensated, the date of public notice of the designation, etc. shall be deemed the time such person is recognized as eligible for such compensation. |
[This Article Added on Sep. 17, 2021]
| Article 35 (Calculation of interest for number of delayed days) |
The interest rate for calculating interest for the number of delayed days under Article 36 (3) of the Act shall be classified as follows:
| 1. | Where the number of delayed days does not exceed 6 months: 5/100; |
| 2. | Where the number of delayed days exceeds 6 months but not exceeds 12 months: 10/100; |
| 3. | Where the number of delayed days exceeds 12 months: 15/100. |
SECTION 5 Measures Following Completion of Construction Works
| Article 36 (Public notice of approval of completion and completion of construction works) |
| (1) | Article 13 shall apply mutatis mutandis to the methods and procedures for authorization for completion and methods, etc. for publicly notifying the authorization for completion and the completion of construction works under Article 39 of the Act. In such cases, "unoccupied house improvement project" shall be construed as "small-scale housing improvement project", "Article 14 (1) of the Act" as "Article 39 (1) of the Act", "Article 14 (2) of the Act" as "Article 39 (2) of the Act", and "Article 14 (3) and (4) of the Act" as "Article 39 (3) and (4) of the Act", respectively. |
| (2) | "Where a completed building satisfies the standards prescribed by Presidential Decree, such as where there is no hindrance in using the completed building" in the main clause of Article 39 (5) of the Act means the cases where all of the following standards are satisfied: |
| 1. | The completed buildings shall have facilities for electricity, water supply, heating, waterworks, and sewerage and thus there is no problem in using such buildings; |
| 2. | The completed building shall conform to the project implementation plan authorized pursuant to Article 29 of the Act; |
| 3. | Residents shall be safe from hazards caused by vehicular traffic, noise, dust, etc. due to construction works. |
| Article 37 (Major fundamental infrastructure and joint-use facilities) |
| Article 37 (Major fundamental infrastructure and joint-use facilities) |
"Major fundamental infrastructure and joint-use facilities prescribed by Presidential Decree" in Article 42 (2) 1 of the Act means the following facilities:
| 1. | Roads and public parking lots; |
| 2. | Squares, parks, green areas, and public open space; |
| 3. | Waterworks and sewerage systems and utility tunnels; |
| 5. | Other joint-use facilities prescribed by City/Do ordinance. |
| Article 38 (Supply of temporary accommodation) |
| (1) | The head of the relevant Si/Gun/autonomous Gu or the Korea Land and Housing Corporation or any similar entity may supply public rental housing near the relevant project zone as temporary accommodation under Article 43 (4) of the Act (hereinafter referred to as "temporary accommodation"). In such cases, temporary accommodation may be supplied after applying for authorization of a project implementation plan under the main clause of Article 29 (1) of the Act (in cases of the head of the relevant Si/Gun/autonomous Gu, referring to after formulating a project implementation plan pursuant to Article 30 of the Act). <Amended on Sep. 17, 2021> |
| (2) | A person eligible for preferential supply of temporary accommodation shall meet all of the following requirements: <Amended on Sep. 17, 2021; Oct. 14, 2021> |
| 1. | The owner or tenant under Article 43 (4) of the Act shall be the head of a household; |
| 2. | The average monthly income of the relevant household shall not exceed 100 percent of the average monthly income per household of urban workers in the preceding year. |
| (3) | Temporary accommodation shall be supplied in the following order; in such cases, where at least 2 persons fall under the same order, temporary accommodation shall be supplied preferentially in the order of the lower average monthly income of the households to which the relevant person belongs: <Amended on Oct. 14, 2021> |
| 1. | First priority: The person who is a tenant of housing to be demolished in the course of implementing the project and does not own any housing; |
| 2. | Second priority: The person who is the owner of housing to be demolished in the course of implementing the project and does not own any housing other than the relevant housing. |
| (4) | Except as provided in paragraphs (2) and (3), matters necessary for the conclusion of a supply contract, return of housing, etc. shall be determined by the head of the relevant Si/Gun/autonomous Gu or the Korea Land and Housing Corporation or any similar entity. |
SECTION 7 Small-Scale Housing Improvement Management Plans
| Article 38-2 (Areas subject to formulation of small-scale housing improvement management plans) |
"Area that ...<omitted>... meets the requirements prescribed by Presidential Decree" in the former part of Article 43-2 (1), with the exception of its subparagraphs, of the Act means the area meeting all of the following requirements: <Amended on Oct. 18, 2023>
| 1. | The size of the relevant area shall be less than 100,000 square meters; |
| 2. | The relevant area shall fall under any of the following cases: |
| (a) | The number of worn-out and substandard structures shall be at least 1/2 of the total number of buildings in the relevant area; |
| (b) | The number of buildings using all or part of the basement levels under the Building Act for residential purposes shall be at least 1/2 of the total number of buildings in the relevant area; |
| (c) | A fire-prevention district under Article 37 (1) 4 of the National Land Planning and Utilization Act shall be at least 1/2 of the total size of the relevant area; |
| (d) | The relevant area shall be habitually flooded or is likely to flood and the head of the relevant Si/Gun/autonomous Gu deems it necessary to prevent disasters in the relevant area; |
| 3. | It shall not fall under any of the following zones or districts: |
| (a) | An improvement zone under subparagraph 1 of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments and a zone scheduled to be designated as an improvement zone under subparagraph 9 of Article 5 of that Act; provided, an improvement zone for a residential environment improvement project to be implemented in a manner prescribed in Article 23 (1) 1 of that Act and a zone scheduled to be designated as an improvement zone shall be excluded herefrom; |
| (b) | An urban renewal acceleration district under subparagraph 1 of Article 2 of the Special Act on the Promotion of Urban Renewal; provided, preserved areas under subparagraph 6 of Article 2 of that Act shall be excluded; |
| (c) | An urban development zone under Article 2 (1) 1 of the Urban Development Act; |
| (d) | Other zones and districts prescribed by City/Do ordinance, which require development over a wide area. |
[This Article Added on Sep. 17, 2021]
| Article 38-3 (Minor modifications of small-scale housing improvement management plans) |
"Minor matter prescribed by Presidential Decree may be modified" in the provisos of Article 43-2 (2) and (3) of the Act means the following cases: <Amended on Oct. 18, 2023>
| 1. | Where the size of a small-scale housing improvement management area is increased or decreased by up to 5/100; |
| 2. | Where the project implementation period is extended or shortened by up to 3 years in the planned period; |
| 3. | Where a small-scale housing improvement management plan is modified to the extent that the matters under subparagraphs 5 and 7 of Article 43-3 of the Act are not relaxed; |
| 4. | Where the scale of fundamental infrastructure and joint-use facilities is expanded or the size thereof is reduced by up to 10/100; |
| 5. | Where an obvious error such as miscalculation, clerical error, omission, or equivalent thereto is corrected; |
| 6. | Where matters prescribed by City/Do ordinance are modified, which are equivalent to subparagraphs 1 through 5. |
[This Article Added on Sep. 17, 2021]
| Article 38-4 (Details of small-scale housing improvement management plans) |
"Matters prescribed by Presidential Decree" in subparagraph 9 of Article 43-3 of the Act means the following:
| 1. | The following project plans implemented by the head of the relevant Si/Gun/autonomous Gu, the Korea Land and Housing Corporation, or any similar entity: |
| (a) | Implementation plans of public housing projects under subparagraph 3 of Article 2 of the Special Act on Public Housing; |
| (b) | Implementation plans of urban regeneration plans under Article 2 (1) 7 of the Special Act on Promotion of and Support for Urban Regeneration; |
| 2. | Matters concerning financing for constructing fundamental infrastructure and joint-use facilities; |
| 3. | Other matters prescribed by City/Do ordinance as necessary to implement small-scale housing improvement management plans. |
[This Article Added on Sep. 17, 2021]
| Article 38-5 (Special cases concerning small-scale housing improvement management area) |
| (1) | "Area prescribed by Presidential Decree" in Article 43-4 (2) of the Act means any of the following areas according to the following classification: |
| 1. | Where the previous special-purpose area is a Class-I exclusive residential area under Article 30 (1) 1 (a) (i) of the Enforcement Decree of the National Land Planning and Utilization Act: A Class-II exclusive residential area under sub-item (ii) of that item; |
| 2. | Where the previous special-purpose area is a Class-II exclusive residential area under Article 30 (1) 1 (a) (ⅱ) of the Enforcement Decree of the National Land Planning and Utilization Act: A Class-I general residential area under item (b) (ⅰ) of that subparagraph; |
| 3. | Where the previous special-purpose area is a Class-I general residential area under Article 30 (1) 1 (b) (i) of the Enforcement Decree of the National Land Planning and Utilization Act: A Class-II general residential area under sub-item (ii) of that item; |
| 4. | Where the previous special-purpose area is a Class-II general residential area under Article 30 (1) 1 (b) (ⅱ) of the Enforcement Decree of the National Land Planning and Utilization Act: A Class-Ⅲ general residential area under sub-item (ⅲ) of that item. |
| 5. | Where the previous special-purpose area is a Class-Ⅲ general residential area under Article 30 (1) 1 (b) (ⅲ) of the Enforcement Decree of the National Land Planning and Utilization Act: A quasi-residential area under item (c) of that subparagraph. |
| (2) | Notwithstanding paragraph (1), where a Mayor/Do Governor deems it necessary to determine a different special-purpose area in consideration of the scale of housing supply, the current status of use of adjacent land, etc., he or she may determine a different special-purpose area as an area among the areas determined by subdividing a residential area pursuant to Article 30 (1) 1 of the Enforcement Decree of the National Land Planning and Utilization Act, following deliberation by the City/Do Urban Planning Committee under Article 113 (1) of the National Land Planning and Utilization Act or by the local urban regeneration committee under Article 8 of the Special Act on Promotion of and Support for Urban Regeneration. |
[This Article Wholly Amended on Nov. 5, 2024]
| Article 38-6 (Acquisition of rental housing in small-scale housing improvement management area) |
| (1) | Rental housing under the former part of Article 43-5 (1) of the Act may be acquired in the order of a Mayor/Do Governor, the head of a Si/Gun, etc., the Korea Land and Housing Corporation, and any similar entity. |
| (2) | Articles 33 (2) and 41 (3) and (4) shall apply mutatis mutandis to the procedures, methods, etc. for the acquisition of rental housing under paragraph (1). <Amended on Oct. 18, 2023> |
| (3) | "Rental housing prescribed by Presidential Decree" in the former part of Article 43-5 (4) of the Act means national rental housing, happiness housing, integrated public rental housing, and long-term lease housing on a deposit under Article 2 (1) 2, 3, 3-2, and 4 of the Enforcement Decree of the Special Act on Public Housing. |
[This Article Added on Sep. 17, 2021]
CHAPTER IV SUPPORT TO FACILITATE PROJECTS
| Article 39 (Special cases concerning unoccupied house improvement projects) |
| (1) | "Reason prescribed by Presidential Decree" in Article 46, with the exception of its subparagraphs, of the Act means the following cases: <Amended on Oct. 22, 2019> |
| 1. | Change of an administrative district; |
| 2. | Determination or modification of urban or Gun management plans under subparagraph 4 of Article 2 of the National Land Planning and Utilization Act or installation of urban or Gun planning facilities under subparagraph 7 of that Article (hereinafter referred to as "urban or Gun planning facilities"); |
| 3. | Installation of roads under the Road Act (hereafter referred to as "roads" in this Article); |
| 4. | Implementation of urban development projects under Article 2 (1) 2 of the Urban Development Act; |
| 5. | Other reasons equivalent to subparagraphs 1 through 4, prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (2) | Deleted. <Oct. 22, 2019> |
| Article 40 (Special cases concerning relaxation of building regulations) |
| (1) | "Limits prescribed by Presidential Decree" in Article 48 (1), with the exception of the subparagraphs, of the Act means the limits of the following classifications: <Amended on Jun. 12, 2018; Sep. 17, 2021; Jan. 18, 2022> |
| 1. | Standards for landscaping building sites under Article 42 of the Building Act: By up to 1/2; |
| 2. | Standards for determining the building-to-land ratio under Article 55 of the Building Act: Exclusion of the area for parking lots from the building area; |
| 3. | Standards for vacant lots within a building site under Article 58 of the Building Act: By up to 1/2; |
| 4. | Standards for building height restrictions under Article 60 of the Building Act: By up to 1/2; |
| 5. | The standards for restricting the height of buildings (limited to buildings with not more than 7 floors and buildings with not more than 15 floors located in a small-scale housing improvement management area) under Article 61 (2) 1 of the Building Act: By up to 1/2; |
| 5-2. | Standards for restricting the height of buildings under Article 61 (2) 2 of the Building Act (limited to buildings located in small-scale housing improvement management areas): Notwithstanding Article 86 (3) 2 (a) and (b) of the Enforcement Decree of that Act, the lower limits on the distance under that item applicable when prescribed by building ordinance pursuant to that item; |
| 6. | Standards for installing appurtenant facilities and welfare facilities under Article 35 (1) 3 and 4 of the Housing Act; |
| (a) | Standards for installing children's playgrounds under subparagraph 14 (a) of Article 2 of the Housing Act: Exclusion of application of Article 55-2 (7) 2 (c) of the Regulations on Standards for Housing Construction; |
| (b) | Standards for installing welfare facilities under subparagraph 14 of Article 2 of the Housing Act: Notwithstanding the standards for installing each category of welfare facilities under Article 35 (1) 4 of the Housing Act, welfare facilities may be installed as necessary up to the maximum total area of welfare facilities to be installed (excluding children's playgrounds). |
| (2) | "Matters prescribed by Presidential Decree" in Article 48 (1) 6 of the Act means the standards for installing facilities in a complex under Article 6 (2) 2 of the Regulations on Standards for Housing Construction. In such cases, notwithstanding the standards for installing facilities in a complex under Article 6 (2) 2 of the Regulations on Standards for Housing Construction, housing may be built as Class-I neighborhood living facilities and complex buildings under subparagraph 3 of Appendix 1 of the Enforcement Decree of the Building Act adjacent to general roads with a width of at least 6 meters. |
| (3) | "Common facilities prescribed by Presidential Decree" in Article 48 (2) 3 of the Act means communal facilities for inhabitants under subparagraph 3 of Article 2 of the Regulations concerning Housing Building Standards. <Amended on Oct. 22, 2019> |
| (4) | The methods of calculating the floor area ratio under the latter part of Article 48 (2) of the Act shall be as follows: <Added on Oct. 22, 2019> |
| 1. | Where facilities under Article 48 (2) 1 of the Act are installed: Calculation based on the ratio of the area of the relevant facilities to the total area of the relevant project zone within 200 percent of the floor area ratio applicable to the relevant area, as prescribed by City/Do ordinance; |
| 2. | Where facilities under Article 48 (2) 2 and 3 of the Act are installed: Calculation based on the ratio of the total floor area of the relevant facilities to the total floor area of the relevant project zone within the limit of the aggregate of the floor area ratio applicable to the relevant area and the floor area ratio applicable to the relevant facilities, as prescribed by City/Do ordinance. |
| (5) | Where the head of the relevant Si/Gun/autonomous Gu secures the right to use any of the following parking lots for a building to be constructed by implementing an unoccupied house improvement project or a small-scale housing improvement project pursuant to Article 48 (3) of the Act below the percentage classified as follows, he or she may relax the standards for installing parking lots (referring to the total number of single parking bays of annexed parking lots to be installed in the relevant building pursuant to the Parking Lot Act; hereafter the same shall apply in this Article) within the extent corresponding thereto; in such cases, the total number of single parking bays securing the right to use a parking lot shall be less than 50/100 of the standards for establishment of parking lots: <Amended on Sep. 22, 2020> |
| 1. | Where the location of a parking lot managed and operated, directly or through an entrusted entity, by the Special Metropolitan City Mayor, a Metropolitan City Mayor, the head of a Si/Gun, etc., the Korea Land and Housing Corporation, or any similar entity is located in a project zone (in cases of an unoccupied house improvement project or a small-scale housing improvement project implemented in an urban regeneration revitalization area under Article 2 (1) 5 of the Special Act on Promotion of and Support for Urban Regeneration, including the case where the location of the parking lot is located outside the project zone because it is installed according to an urban regeneration revitalization plan under subparagraph 6 of that paragraph): 50/100 of the standards for establishment of parking lots; |
| 2. | Where the location of a parking lot falls under any subparagraph of Article 7 (2) of the Enforcement Decree of the Parking Lot Act: 30/100 of the standards for establishment of parking lots. |
| Article 40-2 (Integrated implementation of small-scale housing improvement projects in small-scale housing improvement management area) |
| (1) | Where a project implementer intends to implement a small-scale housing improvement project by integrating adjoining project zones in a small-scale housing improvement management area into 1 project zone pursuant to Article 48 (5) of the Act, all of the following requirements shall be met: |
| 1. | It shall be prior to the filing of an application for authorization for a project implementation plan under Article 29 for each adjoining project zone; |
| 2. | The project zone to be integrated and implemented shall meet all the requirements classified under the subparagraphs of Article 3 (1). |
| (2) | Where implementing a small-scale housing improvement project through integration pursuant to paragraph (1), the owners of land or other property in adjoining project zones shall organize or establish a residents' consensus body, an association under Article 23 of the Act, a resident representatives' committee under Article 25 (2) of the Act, or a general meeting of owners of land or other property under paragraph (3) of that Article (hereinafter referred to as "residents' consensus body, etc."). In such cases, the representative of the previous residents' consensus body or an association shall file a report on the dissolution under Article 22 (9) of the Act or a request to dissolve an association under Article 23-2 (1) of the Act, and the previous resident representatives' committee or general meeting of owners of land or other property shall be dissolved. |
| (3) | Where it is intended to obtain consent from the owners of land or other property to organize or establish a residents' consensus body, etc. (excluding a general meeting of the owners of land or other property under Article 25 (3) of the Act) through integration pursuant to paragraph (2), the following matters shall be explained and notified to the owners of land or other property in advance: |
| 1. | Necessity for integrated implementation; |
| 2. | Overview for projects of integrated implementation; |
| 3. | Expenses incurred before integrated implementation; |
| 4. | Other matters prescribed by City/Do ordinance. |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), detailed matters concerning the methods, procedures, etc. for integration of adjoining project zones into 1 project zone and implementation thereof shall be prescribed by City/Do ordinance. |
[This Article Wholly Amended on Oct. 18, 2023]
| Article 41 (Special cases concerning construction of rental housing) |
| (1) | The priority for the supply of public rental housing under Article 49 (2) of the Act shall be as follows: <Amended on Oct. 22, 2019; Aug. 2, 2022> |
| 2. | The head of a Si/Gun, etc.; |
| 3. | The Korea Land and Housing Corporation or any similar entity; |
| 4. | A real estate investment company under the Real Estate Investment Company Act which has invested in excess of 50/100 of the total shares of the Housing and Urban Fund. |
| (2) | Where the Korea Land and Housing Corporation or any similar entity implements a small-scale housing improvement project pursuant to Article 17 (3) or 18 (1) of the Act, the Korea Land and Housing Corporation or any similar entity may preferentially acquire public rental housing supplied according to the relevant project, notwithstanding the order in the subparagraphs of paragraph (1). <Added on Oct. 18, 2023> |
| (3) | Where no acquirer under Article 49 (2) of the Act (hereafter referred to as "acquirer" in this Article) is designated before a project implementer prepares a project implementation plan under Article 30 of the Act, a Mayor/Do Governor shall request the Minister of Land, Infrastructure and Transport to designate an acquirer. <Added on Oct. 22, 2019; Oct. 18, 2023> |
| (4) | Upon receipt of a request from the relevant Mayor/Do Governor to designate an acquirer pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport shall designate an acquirer within 30 days and shall notify the competent Mayor/Do Governor of the designated acquirer and the Mayor/Do Governor shall forward the notice without delay to the head of the relevant Si/Gun/autonomous Gu to discuss the supply of public rental housing with the acquirer. <Added on Oct. 22, 2019; Aug. 2, 2022; Oct. 18, 2023> |
| (5) | Article 33 shall apply mutatis mutandis to the calculation of construction costs and the price, etc. of appurtenant land for calculating the acquisition price of public rental housing under Article 49 (4) of the Act. In such cases, in cases of public rental housing constructed in an unoccupied house improvement project, "date on which the results of deliberation under Article 26 of the Act are notified" in Article 33 (1) shall be construed as "date on which the results of deliberation under Article 4 (2) of the Act are notified". <Added on Oct. 22, 2019; Aug. 2, 2022; Oct. 18, 2023> |
| (6) | "Standards prescribed by Presidential Decree" in Article 49 (6) of the Act means at least 0.6 parking lots per household (or 0.5 parking lots where the area of each household for residential use only is less than 30 square meters). <Amended on Oct. 22, 2019; Oct. 18, 2023> |
| Article 41-2 (Special cases concerning floor area ratios for small-scale redevelopment projects and small-scale reconstruction projects) |
| (1) | "Area prescribed by Presidential Decree" in the main clause of Article 49-2 (1) of the Act means any of the following areas according to the following classification: |
| 1. | Where the previous special-purpose area is a Class-I general residential area under Article 30 (1) 1 (b) (i) of the Enforcement Decree of the National Land Planning and Utilization Act: The special-purpose area prescribed by City/Do ordinance, either a Class-II general residential area or a Class-Ⅲ general residential area under sub-item (ii) or (ⅲ) of that item; |
| 2. | Where the previous special-purpose area is a Class-Ⅱ general residential area under Article 30 (1) 1 (b) (ⅱ) of the Enforcement Decree of the National Land Planning and Utilization Act: The special-purpose area prescribed by City/Do ordinance, either a Class-Ⅲ general residential area under sub-item (ⅲ) of that item or a quasi-residential area under subparagraph 1 (c); |
| 3. | Where the previous special-purpose area is a Class-Ⅲ general residential area under Article 30 (1) 1 (b) (ⅲ) of the Enforcement Decree of the National Land Planning and Utilization Act: A quasi-residential area under item (c) of that subparagraph. |
| (2) | Matters necessary for determining special-purpose areas under the subparagraphs of paragraph (1) may be prescribed by City/Do ordinance. |
[This Article Added on Sep. 17, 2021]
| Article 41-3 (Procedures for acquisition of housing constructed through small-scale redevelopment projects) |
| (1) | "Buildings such as housing prescribed by Presidential Decree" in the former part of Article 49-2 (2) of the Act means the following housing or buildings: |
| 1. | National rental housing, happiness housing, integrated public rental housing, and long-term lease housing on a deposit under Article 2 (1) 2, 3, 3-2, and 4 of the Enforcement Decree of the Special Act on Public Housing; |
| 3. | Other buildings prescribed by City/Do ordinance in consideration of residential environment of the area. |
| (2) | "Rental housing ...<omitted>... prescribed by Presidential Decree" in the former part of Article 49-2 (8) of the Act means the housing under paragraph (1) 1. <Amended on Oct. 18, 2023> |
| (3) | Articles 33 (2), 38-6 (1), and 41 (3) and (4) shall apply mutatis mutandis to the procedures and methods for the acquisition of rental housing under the latter part of Article 49-2 (8) of the Act. <Amended on Oct. 18, 2023> |
[This Article Added on Sep. 17, 2021]
| Article 42 (Improvement assisting agencies) |
| (1) | "Public institution prescribed by Presidential Decree" in Article 50 (1) 3 of the Act means the following institutions: <Amended on Dec. 8, 2020> |
| 1. | The Korea Real Estate Board; |
| 2. | The Korea National Land Information Corporation; |
| 3. | The Korea Housing and Urban Guarantee Corporation established pursuant to the Housing and Urban Fund Act; |
| 4. | A local government-invested public corporation which the head of the relevant local government recognizes and recommends as having human resources, technology, facilities, etc. capable of performing the duties under Article 50 (2) of the Act; |
| 5. | Other institutions which the Minister of Land, Infrastructure and Transport recognizes as having human resources, technology, facilities, etc. capable of performing the duties under Article 50 (2) of the Act. |
| (2) | Where the Minister of Land, Infrastructure and Transport designates an improvement assisting agency pursuant to Article 50 (1) of the Act, he or she shall publicly notify the name of the designated agency, details of duties to be performed, etc. |
| (3) | The head of the agency designated as improvement assisting agency pursuant to Article 50 (1) of the Act shall submit the results of business performance of the previous year under each subparagraph of Article 50 (2) of the Act and a business plan for the relevant year to the Minister of Land, Infrastructure and Transport by the end of February each year. |
| (4) | Except as provided in paragraphs (2) and (3), matters necessary for the composition, operation, etc. of the improvement assisting agency shall be prescribed by Presidential Decree. |
| Article 43 (Support in rental management affairs) |
| (1) | "Rental housing that satisfies conditions prescribed by Presidential Decree, such as the compulsory rental period, initial rents and annual increase rate of rents" in Article 51 (1), with the exception of the subparagraphs, of the Act means rental housing that meets all the following requirements: |
| 1. | The mandatory rental period shall be at least 8 years; |
| 2. | The area for residential use only shall not exceed 85 square meters; |
| 3. | The initial lease deposits and rents shall not exceed the lease deposits and rents for housing in the neighboring area similar to the relevant rental housing in size, living conditions, etc. thereof; |
| 4. | The rate of rent increase shall not exceed 5 percent per year. |
| (2) | Where a rental business operator assisted by the Korea Land and Housing Corporation pursuant to Article 51 (5) of the Act falls under any of the following cases, he or she need not purchase a guarantee for rental deposit: |
| 1. | Where the Korea Land and Housing Corporation assists a rental business operator by means of self-managed housing rental management business under subparagraph 10 (a) of Article 2 of the Special Act on Private Rental Housing, and where a rental business operator establishes a right to lease on deposit basis for rental security deposits; |
| 2. | Where a rental business operator fails to receive a rental security deposit. |
| (3) | Except as provided in paragraphs (1) and (2), standards, methods, and procedures for supporting rental management affairs under Article 51 (1) of the Act shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 44 (Guidelines for unoccupied house improvement projects) |
"Matters prescribed by Presidential Decree" in Article 52 (1) 4 of the Act means the following:
| 1. | Standards for determining unoccupied houses and types of unoccupied houses; |
| 2. | Establishment and operation of unoccupied house information system; |
| 3. | Methods for implementing unoccupied house improvement projects; |
| 4. | Eligibility for and the scope of unoccupied house improvement projects; |
| 5. | Other matters necessary for unoccupied house improvement projects. |
| Article 44-2 (Preservation of stenographic notes) |
"Meeting prescribed by Presidential Decree" in Article 54 (6) of the Act means the general meeting of an association, the board of representatives, and the board of directors, which discuss or resolve on the following matters:
| 1. | Service contracts (including the modified contracts) and the selection of service providers; |
| 2. | Appointment or dismissal of the representative of the residents' consensus body; |
| 3. | Appointment, dismissal, or disciplinary action against executive officers and representatives of associations; |
| 4. | Eligibility of the owners of land or other property and association members. |
[This Article Added on Aug. 2, 2022]
CHAPTER VI PENALTY PROVISIONS
| Article 45 (Imposition of administrative fines) |
The standards for imposing administrative fines under Article 64 (1) and (2) of the Act shall be specified in Appendix 2.
| Article 46 (Standards for imposition of charges for compelling compliance) |
"Percentage prescribed by Presidential Decree" in Article 65 (1) of the Act means the percentage classified as follows; provided, where the percentage is lowered and determined by City/Do ordinance by up to 50/100 of the percentage classified in the following subparagraphs, it shall refer to the relevant percentage:
| 1. | Where he or she fails to comply with a demolition order: 80/100; |
| 2. | Where he or she fails to comply with other orders to take measures: 40/100. |
[This Article Added on Oct. 14, 2021]
ADDENDA <Presidential Decree No. 28627, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Article 2 (Transitional measures concerning areas subject to small-scale reconstruction projects)
Where an application for authorization to implement a housing reconstruction project implemented in an area other than an improvement zone is filed pursuant to Article 28 of the previous Act on the Improvement of Urban Areas and Residential Environments (referring to the Act before being wholly amended by Act No. 14567) as at the time this Decree enters into force, the previous Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments (referring to the Enforcement Decree before it was wholly amended to Presidential Decree No. 28628) shall apply to areas subject to the relevant projects, notwithstanding subparagraph 3 of Article 3.
Article 3 (Transitional measures concerning scale of housing and construction ratio)
| (1) | Where an application had been filed for authorization for implementing the small-scale reconstruction project before the Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments, partially amended by Presidential Decree No. 21285, entered into force or where an application had been filed for authorization of modification of the authorization for implementing the project before an application was filed for authorization of a management and disposal plan, Article 13-3 of the previous Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments (referring to the Enforcement Decree before it was amended to Presidential Decree No. 21285) shall apply to scale of housing and construction ratio, etc., notwithstanding the amended provisions of Article 29 (2). |
| (2) | Notwithstanding paragraph (1), the amended provisions of Article 13-3 of the Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments, partially amended by Presidential Decree No. 21285, shall apply in either of the following cases as at the time the Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments, partially amended by Presidential Decree No. 21285, entered into force: |
| 1. | Where a housing reconstruction project association granted authorization of a management and disposal plan as at the time the Act on the Improvement of Urban Areas and Residential Environments, partially amended by Presidential Decree No. 21285, was in force obtained consent from all the owner of land or other property (or where such association obtained consent from a majority of association members at a general meeting if no housing supply contract had been entered into with association members); |
| 2. | Where a housing reconstruction project association that had entered into a housing supply contract with any person other than association members obtained consent from all the owners of land or other property and all occupants who entered into the housing supply contract. |
| (3) | Notwithstanding the amended provisions of Article 29 (2), Article 13-3 (2) of the previous Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments (referring to the Enforcement Decree before it was amended to Presidential Decree No. 25633) shall apply to a small-scale reconstruction project for which an application had been filed for authorization to implement the project (including authorization for modification thereof) before the Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments, partially amended by Presidential Decree No. 25633, entered into force. |
Article 4 Omitted.
Article 5 (Relationship to other statutes or regulations)
A citation of the previous Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments or any provisions thereof by any other statute or regulation in force as at the time this Decree enters into force shall be deemed a citation of this Decree or corresponding provisions hereof, in lieu of the previous Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments, if such corresponding provisions exist herein.
ADDENDUM <Presidential Decree No. 28968, Jun. 12, 2018>
This Decree shall enter into force on June 14, 2018.
ADDENDA <Presidential Decree No. 29045, Jul. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29458, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to deliberation on construction)
The amended provisions of Article 24 (1) 1 shall begin to apply where a project implementer files an application for deliberation on construction after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 30151, Oct. 22, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 24, 2019.
Article 2 (Applicability to calculation of acquisition price of publicly-funded private rental housing)
The amended provisions of Article 33 (1) begin to apply from cases where a project implementer files an application for authorization for the project implementation plan under Article 29 of the Act after this Decree enters into force.
ADDENDUM <Presidential Decree No. 30537, Mar. 17, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31031, Sep. 22, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to special cases concerning relaxation of establishment standards of parking lots)
The amended provisions of Article 40 (5) begin to apply from the first application for authorization for the project implementation plan pursuant to Article 12 or 29 of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 31131, Oct. 27, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 31243, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 31990, Sep. 17, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2021.
Article 2 (Applicability to addition of matters subject to deliberation by local building committees)
The amended provisions of Article 24 (1) 3-2 shall begin to apply to cases where a project implementer (excluding where a project implementer is the head of a Si/Gun, etc.) of a housing improvement project in a city block, a small-scale reconstruction project, or a small-scale redevelopment project files an application for deliberation by a local building committee under Article 26 (1) of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 32052, Oct. 14, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 14, 2021; provided, the amended provisions of Article 4 (1) shall enter into force on January 1, 2022.
Article 2 (Applicability to minor modification of authorized matters of project implementation plans)
The amended provisions of subparagraphs 11 through 15 of Article 26 shall also apply where a project implementer (excluding where a project implementer is the head of a Si/Gun, etc.; hereafter the same shall apply in this Article) has filed an application for authorization for modification of matters under the amended provisions of the main clause of Article 29 (1) of the Act before this Decree enters into force and the procedures for authorization for modification are underway. In such cases, where the matters for which a project implementer has filed an application for authorization for modification are related to the matters under the amended provisions of subparagraphs 11 through 15 of Article 26, it shall be deemed that a report on modification under the proviso of Article 29 (1) of the Act is filed.
Article 3 (Transitional measures concerning preferential supply of temporary accommodation)
Notwithstanding the amended provisions of Article 38 (2) 2 and the latter part of paragraph (3) of that Article, the previous provisions shall apply to the selection of persons eligible for preferential supply in cases where the procedures for selecting persons eligible for preferential supply are underway as at the time this Decree enters into force since public announcement, notification, consultation, etc. have been made to select persons eligible for preferential supply of temporary accommodation before this Decree enters into force.
ADDENDA <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 32345, Jan. 18, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force 3 months after the date of its promulgation; provided, the amended provisions of Article 3 (3) shall enter into force on January 20, 2022.
Article 2 (Transitional measures concerning scale of small-scale housing improvement projects in which contractors can be selected through methods other than competitive bidding)
| (1) | Notwithstanding the amended provisions of Article 18 (1), the previous provisions shall apply to the scale of a small-scale housing improvement project implemented by an association that has filed an application for authorization to establish an association under Article 23 of the Act before this Decree enters into force, which is subject to the application of the proviso of Article 20 (2) of the Act. |
| (2) | Notwithstanding the amended provisions of Article 18 (1), the previous provisions shall apply to the scale of a small-scale housing improvement project of which public implementer or a qualified developer is designated and publicly notified pursuant to Article 18 (2) or 19 (2) of the Act before this Decree enters into force, which is subject to the application of the proviso of Article 20 (4) of the Act. |
Article 3 (Transitional measures concerning standards for restricting height of buildings eligible for application of special cases concerning relaxation of building regulations)
Notwithstanding the amended provisions of Article 40 (1) 5-2, the previous provisions shall apply to the standards for restricting the height of buildings constructed as autonomous housing improvement projects, housing improvement projects in a city block, small-scale redevelopment projects, or at-risk house improvement projects under Article 40 (1), with the exception of its subparagraphs, of the Act, for which an application for deliberation by a local building committee under Article 48 of the Act was filed before this Decree enters into force.
ADDENDA <Presidential Decree No. 32352, Jan. 21, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2022.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 32849, Aug. 2, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2022.
Article 2 (Applicability to qualifications for members of association of persons who acquired buildings or land after authorization for establishment of association in areas designated as high-speculation areas)
The amended provisions of Article 22 (3) 5 shall also apply where a transferor concludes a transaction contract for a building or land before this Decree enters into force and transfers the building or land after this Decree enters into force.
ADDENDA <Presidential Decree No. 33621, Jul. 7, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 10, 2023.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 33827, Oct. 18, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 19, 2023.
Article 2 (Applicability to relaxation of requirements for project zones for small-scale reconstruction project)
The amended provisions of Article 3 (1) 3, with the exception of its items, begin to apply from the first application for authorization for a project implementation plan or authorization of modification thereof under the main clause of Article 29 (1) of the Act after this Decree enters into force.
Article 3 (Applicability to exclusion from inclusion of area in project zones)
The amended provisions of Article 3 (3) begin to apply from the first application for authorization for a project implementation plan or authorization of modification thereof under the main clause of Article 29 (1) of the Act after this Decree enters into force.
Article 4 (Applicability to calculation of grades of unoccupied houses based on fact-finding surveys on unoccupied houses)
The amended provisions of Article 8-2 (2) shall also apply to fact-finding surveys being conducted as at the time this Decree enters into force.
Article 5 (Applicability to matters to be provided to owners of land or other property)
The amended provisions of the latter part of Article 20 (2) and Article 20 (4) shall begin to apply to applications for authorization to establish an association (excluding authorization for modification thereof) filed under Article 23 of the Act after this Decree enters into force.
Article 6 (Applicability to convocation procedures for inaugural general meetings)
The amended provisions of Article 20-2 (3) shall begin to apply where an inaugural general meeting is held after the date this Decree enters into force.
Article 7 (Applicability to priority order in supply of public rental housing)
The amended provisions of Article 41 (2) shall begin to apply where an application for deliberation on construction under Article 26 of the Act is filed after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 33895, Nov. 28, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to relaxation of requirements for project zones for housing improvement project in city block)
The amended provisions of the proviso, with the exception of Article 3 (1) 2 (a) 1) through 3), and Article 3 (2) 2 (c) and (2) 3 begin to apply from the first application for authorization for a project implementation plan or authorization of modification thereof under the main clause of Article 29 (1) of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 34322, Mar. 19, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation; provided, that the amended provisions of "a small-scale housing improvement management area or urban renewal acceleration district under subparagraph 1 of Article 2 of the Special Act on the Promotion of Urban Renewal" in the amended provisions of Article 3 (1) 4 (a) 2) shall enter into force on April 27, 2024.
Article 2 (Applicability to relaxation of requirements for project zones for small-scale housing improvement projects)
| (1) | The amended provisions of Article 3 (1) 1 (a), 2 (b), 3 (b), 4 (a) 2) (excluding the part concerning urban renewal acceleration districts) (excluding the provisions concerning urban renewal acceleration districts) and the proviso of Article 3 (2), with the exception of its subparagraphs, shall begin to apply from the first application for authorization for a project implementation plan or authorization of modification thereof under the main clause of Article 29 (1) of the Act after this Decree enters into force. |
| (2) | The amended provisions of Article 3 (1) 4 (a) 2) (limited to the provisions concerning urban renewal acceleration districts) shall begin to apply from the first application for authorization for a project implementation plan or authorization of modification thereof under the main clause of Article 29 (1) of the Act filed on or after April 27, 2024. |
ADDENDA <Presidential Decree No. 34984, Nov. 5, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to relaxation of requirements for project zones for housing improvement project in city block)
The amended provisions of the proviso, with the exception of Article 3 (1) 2 (a) 1) through 3), shall begin to apply from the first application for authorization for a project implementation plan or authorization of modification thereof under the main clause of Article 29 (1) of the Act after this Decree enters into force.
Article 3 (Applicability to Special Cases concerning Small-Scale Housing Improvement Management Area)
The amended provisions of Article 38-5 shall begin to apply from the first case where the head of a Si/Gun, etc. formulates a small-scale housing improvement management plan (including the formulation of an amended management plan) and files an application for approval with the Mayor/Do Governor pursuant to Article 43-2 (1) of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 35246, Feb. 7, 2025>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 21, 2025.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 35551, May 27, 2025>
This Decree shall enter into force on the date of its promulgation.