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Laws of the Republic of Korea |
(Enforcement Date: Mar. 18, 2009)
CHAPTER 1 GENERAL PROVISIOS
Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Housing Act and
necessary matters to enforce such matters.
Article 2 (Kind and Scope of Multifamily Housing)
(1) The kind and scope of Multifamily Housing under subsection 2 of Article 2
of the
Housing Act (hereinafter referred to as the "Act") shall be prescribed by the
provisions of (a) or (c) of Asterisk 1, 2
of the Enforcement Decree of the Building
Act.
Article 3 (Urban-type Housing)
(1) "Housing prescribed by Presidential Decree" under Article 2, 4 of the Act means
the following housings which are constructed
in urban areas under the National
Planning and Utilization Act after getting approval for a project plan under Article
16 of this
Act.
1. Complex-type Multifamily Housing: housing falling under asterisk 1, 2 (c) of
the Enforcement Decree of the Building Act with exception
of Studio-type
Housing under subsection 2 and Dorm-type Housing under subsection 3.
Provided, That under Article 5 (2) of the Building
Act, Complex-type
Multifamily Housing construction may be allowed up to 5 stories in height as
residential housing in the case
where the Housing goes through the
deliberation of the Construction Committee under Article 4 of the same Act.
2. Studio-type Housing: housing falling under any of the housing under Asterisk
1, 2 (a) through (c) of the Enforcement Decree of
the Building Act and
satisfying the following conditions:
(a) housing with a kitchen and a bathroom in each household wherein
occupiers may live an independent life;
(b) housing combining living room, bed room and kitchenette into a single
unit barring a bathroom;
(c) housing whose exclusive residential area for each housing unit is more
than 12 and less than 30 square meters; and
(d) housing without residential units in the basement floor.
3. Dorm-type Housing: housing falling under any of the housing under Asterisk 1,
2 (a) through (c) of the Enforcement Decree of the
Building Act and satisfying
the following conditions:
(a) housing wherein kitchenette, laundry and resting place are shared by
occupiers;
(b) housing whose exclusive residential area for each housing unit is more
than 7 and less than 20 square meters.
(c) housing without residential units in the basement floor
(2) Urban-type Housing and other kinds of housing shall not be constructed
together
in a same building and Complex-type Multifamily Housing under section (1), 1
and Urban-type Housing shall not be constructed
together in a same building.
"Facilities prescribed by Presidential Decree" under Article 2, 6 (d) mean the roads
falling under any of the following items, which
may be used for pedestrians and
vehicles: 1. roads for urban planning under the National Planning and Utilization Act and
prescribed by the Ordinance of Ministry of Land,
Transport and Maritime
Affairs;
2. roads under control of the government, the Special Metropolitan City,
Metropolitan Cities or local governments under the Road
Act; and
3. other roads constructed under other Acts corresponding to the roads under the
above 1 and 2.
Article 4-2 (Range of Extension)
"The act of extending housing within the range prescribed by Presidential Decree"
under Article 2, 15 of the Act means extending
Multifamily Housing with the range of
3/10 of exclusive residential area of each household (referring to the exclusively
possessed
area of each household stipulated in a cadastre of congregate buildings).
Provided, That it is only limited to Multifamily Housing
which has been 15 years
{referring to the number of years between 15 to 19 years prescribed by the Ordinance of
Special Metropolitan
City, Metropolitan City, Do or Special Self-governing Province
(hereinafter referred to as the "city/Do")} since the date of use
inspection (referring to
the date of provisional use approval in the case where the whole Multifamily Housing
got provisional use
approval) under Article 29 of the Act or since the date of use
approval under Article 22 of the Building Act. 2. matters, which have grave impact on housing supply and demand, and price
movement; and
3. other matters prescribed by the Ordinance of Ministry of Land, Transport and
Maritime Affairs.
(2) Where the Minister of Land, Transport and Maritime Affairs is requested to hold
consultation under section (1), he/she shall
reply within 30 days from the request
date. 1. type and scale of housing by region, and occupation type;
2. facility and installation of housing;
3. residential environmental satisfaction;
4. housing price and rental fee;
5. a future plan of house moving and house purchase;
6. family composition and income level by social stratum; and
7. the number of households falling short of minimum standards for residential
accommodation.
(2) The Minister of Land, Transport and Maritime Affairs shall notify check items and
checklist for regular survey of actual conditions
of residence to the Minister of
Finance and Strategy.
Article 7 (Minimum Standards for Residential Accommodation)
Minimum standards for residential accommodation, set and publicized
by the Minister
of Land, Transport and Maritime Affair, under Article 5-2 of the Act shall include the
following matters: 1. minimum residential area for each household;
2. number of rooms by usage;
3. standards for essential installation such as kitchen and bathroom; and
4. standards for housing structure, performance and environment in consideration of
safety and pleasantness.
CHAPTER 2 COMPREHENSIVE HOUSING PLAN
Article 8 (Comprehensive Housing Plan)
(1) A head of central administrative agency or a mayor/Do governor, who is requested
to submit a housing plan under Article 7 (4)
of the Act, shall submit the plan for
projects and policies which will be reflected in a comprehensive housing plan for
next year
to the Minister of Land, Transport and Maritime Affairs by the end of
every December.
(2) The plan under section (1) shall include the followings: 1. current condition of housing and housing sites;
2. plan for housing construction for next year;
3. plan for housing site demand and supply for next year;
4. plan for housing fund raising and investment;
5. plan for supply and demand for housing construction materials;
6. plan for improving residential standard of the low-income class;
7. plan for improving and remodeling housing;
8. plan for the residential environment improvement project and other
maintenance projects under the Urban and Residential Environment
Maintenance Act; and
9. other matters prescribed by the Ordinance of Ministry of Land, Transport and
Maritime Affairs.
(3) The Minister of Land, Transport and Maritime Affairs may order a fund trustee
(referred to a financial institution entrusted
with the management and operation of
the National Housing Fund under Article 62 (2) of the Act; hereinafter the same
shall apply),
if necessary in setting up a comprehensive housing plan, to submit a
plan for housing fund raising for next year.
(4) A head of central administrative agency or a head of public agency under Article
95 (5), who intends to construct housing, or
construct and supply housing for
his/her officials, shall make a plan for housing construction project and submit it to
the Minister
of Land, Transport and Maritime Affairs by the end of December as
stipulated in the Ordinance of Land, Transport and Maritime Affairs.
Article 9 (Scope of City/Do Comprehensive Housing Plan)
A 10-year City/Do comprehensive housing plan under Article 8 (1) of the
Act shall
include the following items:
1. basic objects and directions for a City/Do comprehensive housing plan;
2. current condition and outlook of City/Do housing market;
3. outlook of demand for housing of each kind, scale and occupation type;
4. objects for residential standard;
5. City/Do plan for items under Article 8 (2) (in the case of item 2 and 3, it refers to a
10-year plan)
6. policy for residential standard improvement for the low-income; and
7. other matters necessary for the residence stabilization and residential welfare
improvement.
CHAPTER 3 HOUSING CONSTRUCTION, ETC.
Part 1 Housing Constructors
Article 10 (Scope and Registration Standard for Housing Constructors, etc.)
(1) "The number of households prescribed by Presidential
Decree" stipulated in
Article 9 of the Act refers to 20 houses in the case of detached housing and 20
housing units in the case
of Multifamily Housing. "The area prescribed by
Presidential Decree" stipulated in Article 9 of the Act refers to 10 thousand square
meters.
1. more than 300 million won of capital (more than 600 million won of appraised
asset value for individual constructors);
2. more than one construction engineer under Asterisk 1 of the Enforcement
Decree of Construction Technology Management as for the
case of carrying
out a housing construction project and more than one civil engineer under the
same Asterisk as for the case of
carrying out a housing site preparation project;
3. more than 33 square meters of office.
(3) A person, who made registration of a housing construction project, shall have
engineers
appropriate for the standards of section (2) to carry out a housing site
preparation project together at the same time, and a person,
who made registration
of a housing site preparation project, shall also have engineers appropriate for the
standards of section
(2) to carry out a housing construction project together at the
same time.
(4) Where a Special Purpose Company (hereinafter referred to as the "SPC")
established under other Acts carries out a housing construction
project within the
scope entrusted by the government, condition 1 of section (2) shall not apply, and
where a SPC established under
Article 17 (1), 2 of the Rental Housing Act carries
out a housing construction project under Article 9 (3) of the Act, condition
2 and 3
of section (2) shall not apply.
(2) The Minister of Land, Transport and Maritime Affairs shall register persons who
made registration of a housing construction
project or a housing site preparation
project (hereinafter referred to as the "registered executor") in the register of
housing
construction project or housing site preparation project, and shall deliver
registration certificates.
(3) A registered executor shall report to the Minister of Land, Transport and Maritime
Affairs if there is modification in the register
within 30 days from the modification
date as stipulated in the Ordinance of Land, Transport and Maritime Affairs.
Provided, That
the same shall not apply to the case of minor modifications
prescribed by the Ordinance of. Land, Transport and Maritime Affairs.
Article 12 (Project Undertaking by Joint Executors)
(1) Where a land owner, a housing association (excluding remodeling associations),
an
employer (hereinafter referred to as the "land owner, etc.") and a registered
constructor jointly construct housing, they shall
make an application for a project
plan under Article 16 of the Act in accordance with the following requirements. In
this case,
a registered constructor also includes a housing association, a local
government, the Korea National Housing Corporation under the
Korea National
Housing Corporation Act, and a local public corporation established for a housing
construction project under Article
49 of the Local Public Corporation
Act: 1. A registered constructor shall satisfy the requirements of Article 13 (1) or shall
be registered for construction works (only
referred to construction and civil
engineering works) under Article 9 of the Framework Act on the Construction
Industry. Provided,
That the same shall not apply to local governments, the
Korea National Housing Corporation and local public corporations.
2. A land owner, etc. shall hold the ownership of housing site (in the case where a
district housing association or a workplace housing
association jointly carries
out a project with a registered constructor under Article 10 (2) of the Act, it
shall hold the ownership
of more than 95/100 of the housing site).
3. Where a housing site whose ownership is held by a land owner, etc. under
section (2) is settled for mortgage, provisional registration
for security,
provisional foreclosure, a right to lease or a right to use, etc. (hereinafter
referred to as the "mortgage, etc."),
the mortgage shall be cancelled. Provided,
That the same shall not apply to the case where the right holder of mortgage
consents
to project undertaking.
4. A land owner and a registered constructor shall reach an agreement on the use,
disposal of a housing site and housing (including
incidental facility and
welfare facility), construction cost allocation, construction period and other
responsibilities within
the scope prescribe by the Act and this Enforcement
Decree.
Article 13 (Standards for Housing Construction by Registered Executors)
(1) A registered executor, who intends to construct housing,
shall satisfy the
following requirements:
1. more than 500 million won of capital (more than 1 billion won of appraised
asset value for an individual executor);
2. more than 3 construction and civil engineers under Asterisk 1 of the
Enforcement Decree of the Construction Technology Management;
3. more than 100 households or housing units of construction record for the last
5 years.
(2) A registered constructor may be allowed to construct a building of no more than 5
stories under Article 12 of the Act (it will
allow the construction of a 6-story
building in the case where more than one set of direct stairs are built on every
300 square
meters). Provided, That if a registered executor, who has a
construction record of apartments of more than 6 stories or multifamily
housing
with more than 300 housing units for the last three years, may construct a house
of more than 6 stories.
(3) Where a registered constructor carries out housing construction under Article 12
of the Act, the construction cost (the total
construction cost excluding housing
site purchasing cost) shall not exceed 10 times the sum of capital, capital reserve
and profit
reserve (5 times appraised asset value as for an individual executor).
Article 14 (Criteria for Registration Cancellation or Business
Suspension for
Registered Executors)
(1) Criteria for registration cancellation or business suspension for registered
executors under Article 13 of the Act shall be
prescribed in Asterisk 1.
(2) Deleted
(3) Deleted
(4) Where a registered executor, who falls on a cause for registration cancellation or
business suspension because of falling short
of registration criteria, satisfies the
criteria and submit a documentary evidence by the hearing date under Article 93
of the
Act or by the date on which an opinion must be presented under Article 22
(3) of Administrative Procedures Act, the punishment to
be imposed on him/her
may be reduced by half. Provided, That where the punishment is registration
cancellation, that punishment
will be relieved to 6 months of business suspension.
Part 2 Carrying-Out of Housing Construction Project
Article 15 (Approval of Project Plan)
(1) "The number of housing units prescribed by Presidential Decree" under Article 16
of the Act refers to 20 housing units for detached
housing and 20 households for
Multifamily Housing. "The area prescribed by Presidential Decree" under Article
16 of the Act refers
to 10 thousand square meters.
(2) Where a project for constructing less than 300 housing units and other facilities as
a same building
(excluding houses falling under Article 3 (1), 2 and 3) at a
commercial area (excluding a distribution and commercial area) or a
semi-
residential area in an urban area under the National Planning and Utilization Act
under Article 16 (1), satisfies the following
requirements or is carried out with the
funds supplied by the National Agricultural Cooperatives Federation under the Act
on Improving
Housing in Rural and Fisheries Areas, the project may be exempt
from the subjects required for project approval. 1. where the size of a single housing unit falls on a scale of national housing
under Article 21 (1);
2. where the Gross Floor Area of housing is less than 90% of the Gross Floor
Area of building.
(3) Where a project executor (including builders under Article 2 (1), 12 under the
Building Act) constructs a housing complex after
dividing into several sections of
construction work, the scale of housing construction, which is not stipulated in
section (1)
and (2), shall be calculated by the number of housing units of the whole
complex or the number of households. In this case, the
whole sections of work
shall be considered as one group of land in the application of criteria for housing
construction, the installation
of incidental and welfare facilities and housing site
preparation.
(4) "The cases prescribed by Presidential Decree" under Article 16 (1) of the Act shall
be defined as below:
1. where a housing construction project is carried out in an area of more than 3.3
million square meters, which is designated and
publicized by the Minister of
Land, Transport and Maritime Affairs to promote housing site development
projects under the Housing
Site Development Promotion Act or urban
development projects under the Urban Development Act.
2. where a housing construction project is carried out in an area designated and
publicized by the Minister of Land, Transport and
Maritime Affairs to solve a
housing shortage problem in the Seoul Metropolitan Area or Metropolitan
Areas, or to promote balanced
regional development or control demand and
supply at a regional level.
(5) A project executor, who intends to get approval for a housing construction project
(including the case of carrying out a housing
site preparation project before a
housing construction project) or approval for a housing site construction project
under Article
16 of the Act, shall submit the following documents: 1. as for the case for housing construction project approval: the following
documents. Provided, That a project executor, who applies
for project approval
with a sample drawing under Article 16, may not have to submit document (d):
(a) an application form of a
housing construction project;
(b) a plan for a housing construction project;
(c) drawing of housing, incidental facilities and welfare facilities;
(d) the documents of subsection 2 (c) (only limited to the
case of carrying out
a housing site preparation project preferentially)
(e) documents, which states Article 96 (1), 3 and Article
97 (6), 3 of the
Enforcement Decree of the National Planning and Utilization Act (only
limited to the case of expropriating or
using land under Article 18 (2) of
the Act)
(f) documentary evidence for each item of Article 12 (only limited to a joint
project undertaking, and where a housing association
under Article 32 (1)
of the Act carries out a project independently, it refers to documentary
evidence for each item of Article
12, 2 and 3);
(g) documents necessary for consultation under Article 17 (3) of the Act;
(h) documents about the reversion of public facilities
under Article 30 (1) of
the Act;
(i) a written authorization for the establishment of housing association (only
limited to a housing association under Article 32
(1) of the Act)
(j) documentary evidence for each item of Article 35 (2), of the Act, or for
each item of Article 13 (1) of this
Enforcement Decree. (only limited to a
constructor who is not registered under Article 9 of the Framework Act on
the Construction
Industry); and
(k) other documents prescribed by Presidential Decree.
2. as for the case for housing site preparation project: the following documents.
(a) an application form of a housing site preparation
project;
(b) a plan of a housing site preparation project;
(c) a drawing of a housing site preparation project; Provided, That
where a
project executor is the State, a local government, the Korea National
Housing Corporation or the Korea National Land Corporation
(hereinafter
referred to as the "Korea National Land Corporation") under the Act on the
Korea National Land Corporation, the project
executor shall submit a
document prescribed by Presidential Decree.
(d) documents of (e), (g) and (i) of subsection 1;
(e) a plan for supplying in a prepared land; and
(f) other documents prescribed by Presidential Decree.
Article 16 (Approval of Sample Drawing)
(1) The Korea National Housing Corporation, a local public corporation or a registered
executor, who intends to construct housing
of the same size in a large scale, may
make and submit a sample drawing by housing type to the Minister of Land,
Transport and
Maritime Affairs to get approval as stipulated in the Decree of Land,
Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall hold consultation with
a head of competent administrative agency
when granting approval under section
(1), and the competent administrative agency shall present its view to the Minister
of Land,
Transport and Maritime Affairs within 15 days from the request date as
long as there is no irresistible reason.
(3) The Minister of Land, Transport and Maritime Affairs shall notify to a mayor/Do
governor when granting approval for a sample
drawing under section (1).
(1) The Minister of Land, Transport and Maritime Affairs or a mayor/Do governor
shall notify whether or not approval will be granted
within 60 days from the
request date where he/she receives an application form of project approval under
Article16 of the Act
(3) Where the Minister of Land, Transport and Maritime Affairs or a mayor/Do
governor grants approval for project plan modification
under Article 16 (3) of the
Act to a project executor financially supported by the National Housing Fund
under Article 60 of the
Act (hereinafter referred to as the "National Housing
Fund"), he/she shall promptly notify it to the fund trustee who provides the
project
executor with loans.
(4) Where a project executor, who gets financial support from the National Housing
Fund, applies for approval of project modification
under Article 16 (3) of the Act
to replace a project executor, the project executor shall attach a written consent of
a fund trustee
to modification.
(5) The publication under Article 16 (6) of the Act shall include the following items:
1. project title;
2. name and address of a project executor(in the case of a corporation, the name,
location of the corporation, and the name and address
of CEO)
3. location and size of project undertaking, and scale of housing construction;
4. period of project undertaking; and
Article 18 (Extension of Construction Period)
The "justifiable reasons prescribed by Presidential Decree" mean any of the following
cases: 1. Where the Administrator of Cultural Heritage Administration grants a written
notice of excavation under Article 56 of the Cultural
Properties Protection Act.
2. Where a project is delayed due to the dispute of ownership of the land wherein the
project will be carried out (only limited to
where legal proceedings are being
taken).
3. Where a project is delayed due to the implementation of requirements additionally
attached on the condition of project approval.
4. Where a project is delayed due to natural disasters or irresistible reasons for which
a project executor is not responsible.
5. Where a project executor gets approval of not undertaking the project from project
approval authority due to unavoidable reasons
such as excessive stagnation of the
housing construction market.
Article 19 (Criteria for Exemption of Commission, Etc.)
The "proportion prescribed by Presidential Decree" under Article 17 (4)
of the Act is
50%.
Article 20 (Restriction on Housing Construction, Etc.)
(1) The "constructors prescribed by Presidential Decree" under Article 20
(1) of the
Act are the persons who make registration for construction or civil engineering
work under Article 9 of the Framework
Act on the Construction Industry.
1. waterproof installation work: artistic, waterproof and masonry works
2. sanitary installation work: machinery installation work
3. air-conditioning and heating installation work: machinery installation and
heating installation works.
(3) A "large-scale housing construction project prescribed by Presidential Decree" under
Article 20 (3) of the Act refers to a project
whose total construction cost (excluding
the cost of land purchasing) is more than 50 billion won, and the way of a "bid
prescribed
by Presidential Decree" is a collective bid under Article 79 (1), 5 of the
Enforcement Decree of the Act on Contracts to which the
State is a Party.
Article 21 (Housing Scale and Construction Proportion by Scale)
(1) The scale of housing which may be constructed and supplied by
a project executor
under Article 21 (1), 4 of the Act shall be less than 330 square meters per housing
unit as for detached housing
and 297 square meters per household as for
Multifamily Housing.
(2) The Minister of Land, Transport and Maritime Affairs may determine the scale of
housing at his/her disposal, which may be constructed
and supplied by a project
executor, without having to comply with section (1), if considers necessary for
sound urban development,
tourism promotion and other reasons.
(3) The scale of housing under section (1) and (2) shall be calculated on the basis of
exclusive residential area.
(4) The Minister of Land, Transport and Maritime Affairs may set the specified
proportion for National Housing within the range
of 75% of the total housing
(100% when a housing association or an employer under Article 10 (2) and (3) of
the Act) to be constructed
by a project executor under Article 21 (1), 4 of the Act,
if considers necessary for balanced supply and demand.
(5) The proportion of National Housing to be constructed under section (4) shall be
set up according to each district project plan.
Article 22 (Provisions of Housing Construction Criteria, Etc.)
Criteria for housing construction under Article 21 (1) 1, 3 and 5
of the Act, etc. shall be
prescribed by Presidential Decree.
Article 23 (Housing Design and Construction)
(1) The "standards for a housing drawing and specification prescribed by Presidential
Decree" under Article 22 (1) of the Act shall
be as follows:
1. A housing drawing and specification shall be include, by section, drawing,
specification, structural estimates, specification
of construction quantity and a
plan for quality control.
2. The housing scale, installation, materials and construction method, etc. shall be
included in the drawing and specification.
3. drawing, specification and structural estimates shall be complementary.
4. a plan for quality control shall state necessary matters to secure quality.
(2) The Minister of Land, Transport and Maritime Affairs
may set and publicize
detailed standards in respect of the standards under section (1).
Article 24 (Installation of Arterial Facility, Etc.)
(1) The "number of households prescribed by Presidential Decree" under Article
23 (1)
shall be 100, and the "area prescribed by Presidential Decree" shall be 16,500 square
meters.
(3) Where an obligator of arterial facility installation has justifiable reasons of not
completing the installation by the projected
use inspection date under a project plan,
he/she shall clearly notify the date on which the installation may possibly completed
to a project executor within one month from the date of notice under section (2).
(4) The range of installation by facility type
under Article 23 (6) of the Act shall be
stipulated in Asterisk 2.
(2) The period of redemption to be stated in a contract on the redemption of installation
cost of arterial facility under section
(1) shall be less than 3 years from the use
inspection date.
(3) The sum of money to be redeemed by an obligator of arterial facility installation
under the contract of section (1) shall be
calculated by adding up the followings:
1. installation cost;
2. interest accumulated on the installation cost until the cost is completely
redeemed. In this case, the interest rate shall be
fixed deposit's interest rates of
the time when the contract on the redemption of installation cost of arterial
facility is signed
(it refers to the arithmetic mean of interest rates of one-year
maturity deposits of the six top commercial banks (on the basis
of the lump-sum
of savings) established under the Banking Act; hereinafter the same shall apply
in Article 85 (4)). Provided, That
where an additional provision of interest rate is
stipulated in the contract, the interest rate shall be determined according to
the
provision.
Article 26 (Appointment of Supervisor and Placement of Supervisory Members)
(1) A mayor/Do governor shall appoint a supervisor for
a housing construction project
in accordance with the following items as stipulated in Article 24 (1) of the Act. In
this case,
a mayor/Do governor shall not appoint an affiliated company (referring
to an affiliated company under Article 2, 3 of the Monopoly
Regulation and Fair
Trade Act) of the project executor as a supervisor, but may appoint a supervisor to
supervise two projects
of housing complex construction at the same time.
1. a construction project of housing of less than 300 households: a person who is
registered for architects' work, a construction
supervisory company or a
supervisory company under the Construction Technology Management Act;
2. a construction project of housing of more than 300 households: a construction
supervisory company or a supervisory company under
the Construction
Technology Management Act.
(2) The Minister of Land, Transport and Maritime Affairs may designate and publicize
necessary documents for designation under section
(1) and other detailed standards
for designation. 1. An appointed supervisor shall place qualified supervisory members under the
Ordinance of the Ministry of Land, Transport and Maritime
Affairs, who will
be stationed at a building site to supervise the construction work.
2. An appointed supervisor shall place a general supervisory member and
supervisory members for each construction work.
3. An appointed supervisor shall place a general supervisor for the whole period
of construction and supervisory members for each
construction work until the
each construction work is completed.
4. A supervisory member appointed for each construction work shall not be
responsible for two housing construction works at the same
time.
(4) A supervisor shall sign or seal when reporting the completion of a construction
work under Article 16 (8) of the Act
or confirming various exams and building
materials, etc. falling under his/her duty of supervision.
Article 27 (Supervisor's Duty)
(1) "Other matters related to housing supervision prescribed by Presidential Decree"
under Article 24 (2), 5 of the Act shall be
as follows: 1. to make sure whether or not a drawing is suitable for the geographical features
of construction site;
2. to make sure the suitability for drawing modification;
3. to review and confirm a construction plan, a progress chart of work and a
working drawing; and
4. to secure the suitability of waterproofing, soundproofing and insulation
installation, and review and confirm the matters publicized
by the Minister of
Land, Transport and Maritime Affairs to prevent unexpected accidents, manage
safety and improve construction
quality.
(2) The Minister of Land, Transport and Maritime Affairs may set and publicize
detailed standards for the supervision of housing
construction.
Article 28 (Handling of Raised Objection)
A mayor/Do governor, who receives a written objection under Article 24 (5) of the Act,
shall notify the result of objection to a
supervisor within 10 days from the date on which
the objection is raised.
Article 29 (Replacement of Supervisors, Etc.)
(1) The "replacement cases prescribed by Presidential Decree" under Article 24 (7) of
the Act shall be as follows:
1. where a supervisor passes over any violation discovered by him/her during
supervision;
2. where a supervisor is discovered to have sent mistaken rectification notices to a
project executor under Article 24 (4) more than
three times after an objection to
the notice is raised under Article 24 (5) of the Act;
3. where a supervisor hasn't placed a supervisory member more than one month in
the construction field for the period of construction
work. In this case, the period
of construction work shall be the sum of all the periods of supervisory members
being absent.
4. where a supervisor has made and submitted documents required for designation
by false or unlawful means.
(2) A mayor/Do governor, who intends to replace a supervisor under Article 24 (7) of
the Act, shall consider the opinions of a relevant
supervisor, a constructor and a
project executor.
Article 30 (Submission of Supervisor's Documents under Other Acts)
"Documents prescribed by President Decree" under Article 24-2
(2) of the Act shall be as
follows:
1. a plan for supervision by progress;
2. a progress report; and
3. a shop drawing for each construction work.
Article 32 (Preferential Sale of Area of Land Secured by the Authorities in
Recompense of Development Outlay)
Where an urban developer sells an area of land secured by the authorities in recompense
of development outlay for national housing
construction to a project executor under
Article 26 (1) of the Act, he/she shall do so by way of a competitive bid. Provided, That
where there exists only one project executor who intends to purchase the land, the
developer and the project executor may sign
a private contract.
Article 33 (Entrusting of Land Purchasing)
(1) Where a project executor such as the State, the Korea National Housing Corporation
or the Korea National Land Corporation entrusts
land purchasing and compensation
for loss to a head of local government under Article 28 (1) of the Act, the project
executor shall
specify the conditions for the land and compensation for loss.
(2) "Commission rates prescribed by Presidential Decree" under Article
28 (2) of the
Act shall be the rates stipulated in Asterisk of Enforcement Decree of the Act on
Acquisition of Land, etc. for Public-service
Projects and Compensation Therefor.
(1) The "cases prescribed by Presidential Decree" under Article 29 (1) of the Act shall
be the cases falling under Article 15 (4)
which gained project approval from the
Minister of Land, Transport and Maritime Affairs.
(2) A use inspection authority under Article 29 of the Act shall make sure whether or not
housing or housing site subject to use
inspection is appropriate to a project plan.
(3) The use inspection under section (2) shall be undergone within 15 days from the
application date.
(4) A head of a relevant administrative agency, who receives a consultation request
under the latter part of Article 29 (3) of the
Act, shall present his/her opinion within
10 days from the request date unless there is justifiable reason.
Article 35 (Use Inspection
of Construction Guarantor, etc.)
(1) Where a project executor cannot continue his/her housing construction project due to
bankruptcy,
etc., a person who guaranteed construction (hereinafter referred to as the
"construction guarantor") under Article 29 (3) of the
Act shall complete the
remaining construction and go through use inspection. Provided, That where there is
no construction guarantor
or the construction guarantor cannot continue the
construction project due to bankruptcy, a delegation of prospective occupiers
(hereinafter referred to as the "delegation of prospective occupiers") shall designate
a constructor, completes the remaining construction
and go through use inspection.
(2) A construction guarantor or a delegation of prospective occupiers, who have gone
through inspection
under section (1), may make registration in a cadastre of building
management and conservation of ownership under the name of a
construction
guarantor or an occupier of a household.
(3) Necessary matters for the establishment or operation of a delegation of prospective
occupiers under section (1) shall be prescribed
by the Ordinance of the Ministry of
Land, Transport and Maritime Affairs.
Article 36 (Provisional Use Inspection)
(1) The "cases prescribed by Presidential Decree" under Article 29 (4) of the Act refer to
the case where each Dong's construction
is completed as for a housing construction
project and to the case where each section of preparation work is completed as for a
housing site preparation project.
(2) A person, who intends to get provisional use inspection under Article 29 (4) of the
Act, shall apply for provisional use inspection
to a use inspection authority.
Article 37 (Authorization for Establishment of Housing Association, etc.)
(1) A person, who intends to get authorization for the
establishment, modification or
dispersion of a housing association under Article 32 (1) of the Act, shall submit an
application
form of authorization to a competent mayor (including a governor of a
special self-governing province), a head of Gun or Gu office,
who governs a
housing site of a housing association (referring to the location of a remodeling
association in the case of a remodeling
association), together with the following
documents and a written approval for 80/100 of a housing site use (only applied to
district
and workplace housing associations). In the case where a project executor
is approved to use a certain proportion of housing site,
that proportion shall be
added when the proportion of land for use is calculated.
1. as for the case of establishment authorization:
(a) as for district or workplace housing associations:
the minutes of inaugural
general meeting;
a written consent to electing a head of association;
agreements with all association members' signs in handwriting;
a register
of names of association members;
a project plan; and
other documents prescribed by the Ordinance of the Ministry of Land,
Transport and Maritime Affairs.
(b) as for remodeling associations:
document under (a) through
documentary evidence for the following resolutions. In this case, the
written resolution shall include the following items of Article
46 (4), 1.
as for the case of remodeling a whole housing complex: matters
resolved by two-thirds or more voting rights (referring
to voting
rights under Article 37 of the Act on the Ownership and
Management of Congregate Buildings) of partition owners (referring
to partition owners under Article 2 (2) of the Act on the Ownership
and Management of Congregate Buildings; hereinafter the same
shall apply) of a whole housing complex and each Dong ;
as for the case of remodeling a Dong: matters resolved by two-thirds
or
more voting rights of partition owners of the Dong.
Documentary evidence in such as a case where construction standards
have been
decided to be relaxed under Article 5 of the Building Act.
Documentary evidence proving that it has been more than 10 years
since
a relevant house went through use inspection (15 years in the
case of extension, and the period between 15 to 20 years prescribed
in
the Ordinance of city or Do).
2. as for the case of authorization for modification: documentary evidence for
modified matters.
3. as for the case of authorization for dissolution: a written consent of association
members to dissolution.
(2) Association rules under 1 (a) shall include the following items:
1. the title and location of association;
2. required qualifications for association membership;
3. the location and area of a housing site;
4. matters of expulsion, withdrawal and replacement of association members;
5. the number of members, scope of duties (including rights and obligations), pay,
appointment method, modification and dismissal
of association;
6. members' payment period on cost and procedures, and association's
accounting;
7. the period of project undertaking and method;
8. procedures for the convocation of general meetings, convocation period and
matters of members requesting general meetings;
9. matters requiring general meeting's resolution, quorum, resolution procedures.
In this case, matters requiring general meeting's
resolution shall be prescribed
by Presidential Decree;
10. procedures for clearance, and method of collecting and paying an amount for
clearance, and procedures for payment;
11. specifics of membership dues' use and the disclosure of general meeting's
resolutions and the method of notification to members;
12. procedures for modifying association rules; and
13. other matters necessary for housing association' project and association
operation.
(3) The number of members of a housing association shall be more than a half of the
number of households scheduled to be constructed
(referring to the number of
households in an authorized project plan, and where the number has been changed
in the process of project
plan approval, it refers to the changed number of
households), and the total number of a housing association shall be more than
20.
Provided, That the same shall not apply to remodeling associations.
(4) A person who has acquired a building from a person who consents to establish a
housing association, shall also be considered
to give consent to the
establishment. 1. deliberation standards for housing construction;
2. whether or not the housing site is suitable for an urban plan, which has been
established under the National Planning and Utilization
Act or which is
scheduled to be established during the period of a housing construction project;
3. a land use plan which is already made;
4. where there exists part of land, which hasn't secured a written context, whether
or not the location of the land will hamper a
project.
(6) A housing association may allow a project executor who jointly carries out a
project under Article 10 (2) of the Act
to do the duties of the housing association
(with the exception of the duty of mediating the entry to the association).
Article 38 (Qualification for Membership)
(1) The following persons will be qualified for the members of a housing association
under Article 32 of the Act. 1. a person who hasn't got home ownership (including the status prescribed by
the Ordinance of Ministry of Land, Transport and Maritime
Affairs in
consideration of housing type and the way of selecting occupiers, etc.) for the
period from the application date of
authorization for the establishment of
housing association (referring to the date one year before the date of
authorization for
the establishment of housing association in the case of a
housing site located in an Overheated Speculative Area under Article 41
of the
Act) to the date on which moving-in is allowed, or a person who owns a
housing unit of less than 60 square meters of exclusive
residential area.
2. members of a workplace housing association falling under the followings:
(a) A person falling under 1 (a). Provided, That it only
refers to houseless
persons in the case of reporting the establishment under the provisions of
Article 32 (3) of the Act.
(b) A person who is working in a state organization, a local government or a
corporation located in Special Metropolitan City, a
Metropolitan City, a
city or a Gun (excluding Guns under the jurisdiction of a Metropolitan
City) at the time of applying for authorization
for the establishment of a
housing association.
3. members of a remodeling association falling under the followings. In the case
where the ownership of a Multifamily House or welfare
facility belongs to
more than one person, a representative of the people shall be considered as a
member of the association member.
(a) an owner of a multifamily house constructed with approval for project plan
under Article 16 of the Act;
(b) an owner of a welfare facility in the case of remodeling housing and
welfare facility; and
(c) an owner of a Multifamily House constructed for presale after getting
permission under Article 11 of the Building Act and an
owner of facilities
other than a Multifamily House
(2) A person who has temporarily lost a status of occupiers due to unavoidable reasons
such as working, illness, studying abroad
and marriage, etc. may be qualified for
the membership of an association when a mayor, a head of Gun or Gu office gives
admission.
(1) A district and a workplace housing association may not be allowed to replace its
members or admit new members after getting
authorization for establishment.
Provided, That the same shall not apply to the case where an association has
gained approval from
a mayor, a head of Gun or Gu office for additional
recruitment of members, not exceeding the number of houses scheduled to be
constructed
as stipulated in the Ordinance of Ministry of Land, Transport and
Maritime Affairs or where an association needs an additional recruitment
due to
vacancy occurred by one of the following cases:
1. death of a member;
2. where a status of occupiers (including a right, qualification or status to move
into a house) has been transferred, donated or
changed by a court judgement
after a project plan gained approval under Article 16 of the Act [where a
district housing association
or a workplace housing association has gained
approval for a project plan under Article 16 of the Act without getting the
ownership
of the whole housing site under Article 12, 2, it refers to after the
association has gained the ownership of the whole site (including
mortgage
cancellation where a relevant housing site is settled for mortgage)]. Provided,
That the case where resale is prohibited
under Article 41-2 of the Act shall be
excluded;
3. where the number of an association falls short of half the number of houses
scheduled to be constructed due to the withdrawal
of members;
4. where a member is disqualified from the association membership;
5. where the number of houses scheduled to be constructed has been modified in
the process of approval under Article 16 of the Act
and thereby the number of
association members falls short of half the modified number of houses
scheduled to be constructed.
(2) The decision for the qualification under Article 38 (1), 1 and 2 of members
additionally recruited under section (1) or (2)
to fill a vacancy shall be on the
basis of the date on which a housing association applies for authorization for
establishment.
Provided, That a person, who inherited a status of occupiers under
section (1), 1, shall not be required for qualification under
Article 38 (1), 1 and 2.
(3) An application for approval for additional recruitment of association members
under section (1) or
an application for authorization for modifying a housing
association shall be made under the application date of project plan approval.
Article 41 (Report of Establishment of a Workplace Housing Association)
(1) A person who intends to establish a workplace housing
association to be supplied
with National Housing under Article 32 (3) of the Act shall submit a written
application for the establishment
of a workplace housing association to a
competent mayor, a head of Gun or Gu office together with the following
documents: In this
case, a relevant government official shall confirm a copy of
residence certificate in order to share administrative information
under Article 21
(1) of the Act on Digitalization of Administrative Works, etc. for E-Government,
and shall order a person who
dissents his/her confirmation to attach related
documents. 1. register of the names of association members;
2. documentary evidence showing that persons to be members of a workplace
housing association members are currently working in the
workplace (only
referring to the documents confirmed by a head of the workplace); and
3. documentary evidence of homelessness.
(2) Procedures other than stipulated in section (1) for report of a workplace housing
association
established to be supplied with National Housing and the method of
housing supply shall be prescribed by the Ordinance of Ministry
of Land,
Transport and Maritime Affairs.
Article 42 (Audit of Housing Association)
(1) A housing association shall receive an audit under Article 3 of the Act on External
Audit of Stock Companies within 30 days
from the following dates under Article
34 (3) of the Act: 1. the date which has been three months since a project plan gained approval
under Article 16 of the Act;
2. the date on which an application for use or provisional use is made under
Article 29 of the Act;
(2) An audit under section (1) shall be respectively done on a project which has gained
approval under Article 16 of the Act.
(3) An audit under section (1) shall be done in compliance with the standards
stipulated in Article 5 of the Act on External Audit
of Stock Companies.
(4) Auditors shall notify the result of audit to a competent mayor, a head of Gun or Gu
office within 15 days of the finishing date
of audit.
(5) Where a competent mayor, a head of Gun or Gu office recognizes that there exist
unlawful or fraudulent contents in
the audit result submitted under section (4),
he/she may request a relevant association to rectify the contents.
CHAPTER 4 HOUSING
SUPPLY
Article 42-2 (Area requiring Disclosure of the Range of Housing site Purchasing
Price and Housing Presale Price)
(1) Deleted
(2) The range prescribed by Presidential Decree under Article 38-2 (2), 2 of the Act
shall be the price equivalent to 120/100 of
the appraised value under Article the Act
on Public Notice of Real estate Price and Property Appraisal.
(3) A person shall apply to a competent mayor, a head of Gun or Gu office for property
appraisal under the Act on Public Notice
of Real estate Price and Property Appraisal
in order for a price with the range stipulated in section (2) to be recognized as the
price of a housing site under Article 38-2 (2), 2 of the Act. In this case, property
appraisal and related matters shall be provided
in for the appraisal cases of the latter
part of Article 38-2 (1) of the Act.
(4) Public agencies under Article 38-2 (2), 2 (b) of the Act shall refer to the following
organizations: 1. the State;
2. a local government;
3. a public corporation, a quasi-government agency or other public agencies
designated under Article 5 of the Act on the Operation
of Public Agencies;
4. a local corporation operated by a local government or a local corporation under
the Local Corporation Act.
(5) The "cases prescribed by Presidential Decree" under Article 38-3 (2), 2 (c) of the
Act shall refer to the cases where a transaction
price of a housing site is recorded in
a real estate register under the Real-Estate Register Act.
(6) The "areas falling under the criteria prescribed by Presidential Decree" under
Article 38-2 (5) of the Act shall refer to any
one of the following areas:
1. an Overheated Speculative Area in a Seoul Metropolitan Area under Article
2 ,1 of the Seoul Metropolitan Area Readjustment Act
(referring to a designated
Overheated Speculative Area under Article 41 of the Act; hereinafter the same
shall apply).
2. an area falling under any one of the followings designated by the Minister of
Land, Transport and Maritime Affairs after the deliberation
of the Housing
Policy Deliberation Committee under Article 84 of the Act:
(a) an Overheated Speculative Area outside the Seoul
Metropolitan Area
designated and publicized by the Minister of Land, Transport and Maritime
Affairs in consideration of housing
price increase and subscription rate for
housing, etc. under Article 2, 1 of the Seoul Metropolitan Area Readjustment
Act.
(b) an area whose housing price and subscription rate are largely concerned to
increase excessively and thereby is requested by
a competent mayor, a head of
Gun or Gu office to be designated as an Overheated Speculative Area.
(2) A project executor, who is the State, a local government, the Korea National Housing
Association or a local corporation, shall
clearly state that "each item's price
disclosed in the advertisement for occupiers may be different from the real costs
incurred
during the project undertaking".
The committee shall deliberate the following items:
1. appropriateness of calculation method of housing presale price and balcony
extension under Article 38-2 (1) of the Act;
2. appropriateness of housing presale price disclosure under Article 38-2 (4) and (5);
3. appropriateness of basic construction costs by city, Gun and Gu under the latter
part of Article 38-2 (3) of the Act;
4. appropriateness of projected ceilings on the price of type-2 National Housing
Bonds related to the price ceiling system applied
housing.
(1) The committee shall include more than 6 nongovernmental members.
(2) The chairman of the committee shall be appointed among
the nongovernmental
members by a mayor, a head of Gun or Gu office.
(3) A mayor, a head of Gun or Gu office shall appoint persons abundant with
experience and knowledge in housing construction and
falling under any of the
followings as nongovernmental members under section (1). In this case, the
committee shall include more
than one person falling under the followings:
1. a person who specialized in the law, economics or real estate and has worked
as an assistant professor or at a higher rank for
more than one year in a
university;
2. a person who has worked as a lawyer, an accountant, an appraiser or a licensed
tax accountant for more than one year;
3. a person who has worked in the civil engineering, construction and housing
industries for more than 5 years.
(4) A mayor, a head of Gun or Gu office shall appoint persons falling under any one of
the followings other than nongovernmental
members (hereinafter referred to as the
"members of public corporations"). In this case, the committee shall include more
than
one person falling under the followings:
1. a government official at the fifth or higher rank who works for granting
authorization and permission for housing construction
in the State or a local
government, and is recommended by a head of a relevant government organization.
Provided, That a government
official who works in the relevant government
organization may not need recommendation.
(5) The term of office for nongovernmental members under section (3) shall be 2 years
and shall not be reappointed.
(1) A meeting of the committee shall be summoned when a mayor, a head of Gun or
Gu office considers necessary.
(2) A mayor, a head of Gun or Gu office shall notify the matters related to the
committee's meeting to the committee within two
days from the opening date.
(3) The committee's meeting may open with more than half the committee's registered
members and its
agendas will be voted for by two third of attended members;
(4) The chairman of the committee shall be the chairman of the meeting.
Provided,
That where the chairman cannot fulfill his/her duties due to unavoidable reasons,
the chairman shall appoint to represent
him/her.
(5) A mayor, a head of Gun or Gu office shall appoint an official in the housing
division of a local government as a manager, who
fulfills the committee's affairs.
(6) The committee's meeting shall be disclosed. Provided, That the voting of the
committee may
be open to the public.
(2) A mayor, a head of Gun or Gu office or a project executor may have a say in the
matters of the committee's meeting after gaining
approval from the chairman of
the committee.
(3) The chairman of the committee shall promptly submit the result of the deliberation
and voting to a mayor, a head of Gun or Gu
office.
The members of public corporations may appoint and order a government official or an
executive of a public corporation, who is at
the equivalent level of office, to attend the
meeting by proxy.
(1) The members of the committee shall not disclose the meeting process and other
matters, which are not allowed for disclosure,
and shall not do any act degrading
the committee.
(2) A member of the committee falling under any of the followings shall be excluded
from the deliberation and voting for agendas,
which are subject to deliberation and
voting.
1. a member who directly or largely engaged in deliberation through outsourcing
or other means;
2. a member who has direct or large interest in deliberation.
(3) Any member falling under any item of section (2) shall not participate
in
deliberation by oneself and notify it to the manager under the opening date of the
meeting.
(4) A mayor, a head of Gun or Gu office may dismiss nongovernmental members
falling under any of the following cases and the term
of office for a successor shall
be the remaining term of office for a predecessor:
1. where a member violates Article 38-4 (4) of the Act;
2. where a member violates section (1);
3. where a member falling under section (2) but hasn't made an application for
not participating in deliberation;
4. where a member can not continue his/her duties of the committee for more
than 6 months due to business trip, a disease or an accident.
(5) A mayor, a head of Gun or Gu office may replace any member falling under any
case of section (4) with any person falling under
Article 42-6 (4) and
recommended by a head of a relevant organization. Provided, That where an
official in a relevant local government
may need recommendation for appointment.
(1) The manager of the committee shall record the following items and preserve the
meeting's minutes under the Act on Public Records
Management:
1. the opening date, location and whether or not the committee's meeting to be
disclosed;
2. a register of the signs of committee members;
3. agendas on the table and deliberation result;
4. other main agendas to be discussed.
(2) The members of the committee who attended the meeting may be paid within the
range of
allocated budget. Provided, That the same shall not apply to the case
where a committee member, who is a government official, attended
the meeting
with direct interest and relation in the committee.
Necessary matters for the operation of the committee other than stipulated in this
Enforcement Decree shall be determined by a mayor,
a head of Gun or Gu office.
(2) A land owner may request a land usage fee according to the area of housing
supplied to a housing purchaser. In this case, the
land usage fee shall be paid on an
installment basis.
(3) The land usage fee under section (2) shall be calculated according to the supplying
price of a relevant housing site and the
cost of housing site preparation.
(4) A land owner shall not request the increase of the land usage fee within 2 years
from the
date on which he/she agreed on the usage fee or agreed on the increase in
the usage fee. Where the land owner requests the increase
after 2 years, the
increase rate shall be calculated in consideration of average increase of land price
of a Special Self-Governing
Province, a city, a Gun or a self-autonomous Gu but
shall not exceed the limit of increase stipulated in the Enforcement Decree
of the
Rental Housing Protection Act.
(2) Where an occupiers of housing with resale obligation under Article 38-5, 2 of the
Act (hereinafter referred to as the "housing
with resale obligation") disposes of
his/her housing to a project executor under the condition of housing resale shall
notify it
within 3 months from the projected date of disposition.
(3) A housing resale price at which a project executor repurchases housing
with resale
obligation from an occupier shall be stipulated in the resale condition of Article 38-
5, 2 of the Act. In this case,
the housing resale price shall be calculated by adding
the accumulated average interest rates of one-year fixed deposits of financial
institutions until the housing is resold to the housing sale price under the Banking
Act and the lowest price of Multifamily Housing
publicized at the nearest point of
time as of the resale date under Article 17 of the Act on Public Notice of Real Estate
Price
and Property Appraisal.
(1) The "percentage prescribed by Presidential Decree" stipulated in the former part of
Article 38-6 (2) of the Act shall be more
than 30/100 and less than 60/100 of area as
prescribed by the Ordinance of a competent city/Do.
(2) The Minister of Land, Transport
and Maritime Affairs shall appoint a suitable
acquirer within 30 days from the date on which the Minister is requested by a mayor,
a head of Gun or Gu office and shall notify it to a mayor/Do governor. And the
mayor/Do governor, who has received the notification,
shall hold consultation on
the acquisition of rental housing with the acquirer.
(1) "Other deeds or status eligible for housing supply as prescribed by Presidential
Decree" under Article 39 (1), 4 of the Act
shall refer to any of the following items:
1. a written confirmation of unauthorized buildings, a certificate of prearranged
building dismantlement or a written confirmation
of building dismantlement
issued by a mayor, a head of Gun or Gu office.
2. a status to be supplied with housing or a confirmation of persons subject to
removal under a removal policy taken by a public
project.
(2) Where a project executor paid the depreciation amount (referring to a sum of money
calculated by way of fixing amount
under Article 26 of the Enforcement Decree of
the Corporate Tax) of the sum of the followings to a person who has violated the
provisions of Article 39 (1) of the Act, it shall be considered that the project executor
has acquired the house on the payment
date under Article 39 (3) of the Act:
1. the sum of housing presale price that excludes a loan borrowed from a bank;
2. a repaid principal of a loan; and
3. the sum of money which multiplies the sum of 1 and 2 by producer price
increase.
(3) The "reasons prescribed by Presidential Decree" under Article 39 (4) of the Act shall
refer to the following cases:
1. where the project executor can not send the receipt of housing price since the
acquirer is unidentifiable.
2. where the project executor has sent a notice of housing price receipt (the
interval shall be more than one month) more than 3
times and the acquirer
rejects it.
3. where the acquirer can not receive the housing price since he/she has not lived
in the housing for more than 3 months.
4. where the project executor cannot pay the housing price due to provisional
foreclosure or foreclosure of the housing.
Article 44 (A Case which Allows Mortgage Settlement with Consent of Occupiers)
(1) Deleted
(2) The "cases prescribed by Presidential Decree" shall refer to any of the following
cases:
1. where a project executor has borrowed funds from the National Housing Fund or
any of the following financial institutions for
the purpose of providing occupiers
with a loan:
(a) a financial institution under the Banking Act;
(b) a small and medium industry bank under the Small and Medium Industry
Bank
Act;
(c) an insurance company under the Insurance Industry Act; and
(d) other financial institutions under other Acts as prescribed by
the Ordinance of
the Ministry of Land, Transport and Maritime Affairs.
2. where a project executor has borrowed funds from any financial institution
under subsection 1 for the purpose of providing occupiers
with a loan.
3. where a project executor cannot continue his/her work and has been replaced
with another project executor due to bankruptcy (including
the decision and
authorization by court under the Act on Rehabilitation and Bankruptcy of
Debtor), merger, division, registration
cancellation and business suspension,
etc.
Article 45 (Additional Registration)
(1) An additional registration under Article 40 (3) of the Act in respect of a housing site
shall state that under the Housing Act,
a project executor shall not dispose the land
(referring to the land for which an application for a housing construction project
is
made), settle any security and right in the premises or make the premises subject to
foreclosure, provisional foreclosure or
provisional disposition without the consent of
prospective occupiers. And in respect of housing, an additional registration shall
state that under the Registration of Real Estate Act, this house is registered for
preservation and thereby shall not be settled
for any security, any right, foreclosure,
provisional foreclosure or provisional disposition without the consent of prospective
occupiers.
(3) The "cases prescribed by Presidential Decree" under Article 40 (3) of the Act shall
refer to the following cases: 1. in the case of housing sites:
(a) where a project executor is the State, a local government, the Korea National
Housing Corporation,
the Korea National Land Corporation or a local
corporation.
(b) where a project executor, who is supplied with a housing site under related
Acts such as the Housing Site Development Act, etc.
to construct housing,
cannot secure the ownership of the land because the land registration hasn't
been adjusted. In the case where
the land registration is completely adjusted,
the project executor shall promptly make an additional registration under
section
(1).
(c) where an association member entrusted a housing site to his/her association.
2. in the case of housing: where there doesn't exist any person with a status of
occupiers of the housing. Provided, That the same
shall not apply to the case
where an application for advertisement of housing occupiers is made after
making a registration for
ownership preservation.
(4) The "cases prescribed by Presidential Decree" under Article 40 (5) of the Act shall
refer to any of
the following cases:
1. where a project executor falls under Article 44 (2),1 or 2 and thereby settles
mortgage in a housing site.
2. where a project executor falls under Article 44 (2), 3 and thereby transfers a
housing site to another project executor, or a
project guarantor or a prospective
occupier secures the ownership of the housing site, or puts the housing site
under foreclosure,
provisional foreclosure or provisional disposition.
(5) The "cases prescribed by Presidential Decree" under Article 40 (6) of the
Act shall
refer to any of the following cases:
1. where equity capital has decreased due to ordinary loss incurred for the two
consecutive years;
2. where debt to asset ratio exceeds 500%;
3. where a project executor intends to entrust a housing site to the Korea Housing
Guarantee Corporation (hereinafter referred to
as the "Korea Housing
Guarantee Corporation") under Article 76 of the Act without making an
additional registration under Article
40 (3) of the Act.
Article 45-2 (Period which Limits Resale and Unavoidable Reasons for Resale)
(1) The "period prescribed by Presidential
Decree" under Article 41-2 (1), 1 of the Act
shall refer to the period from the first date of signing a supply contract of housing
(with the exception of housing falling under Article 41-2 (1), 2 of the Act)
constructed in an Overheated Speculative Area after
advertisement for occupiers to
any of the following dates:
1. in the case where housing is located in the Seoul Metropolitan Area (hereinafter
referred to as the "Seoul Metropolitan Area")
or Chungcheong Do (Daejeon,
Chuncheongnam Do and Chungcheongbuk Do) under Article 2, 1 of the
Metropolitan Area Readjustment Act:
the date when the ownership of the
relevant housing (where only the ownership of the building is transferred, it
refers to the
ownership of the relevant building) is completely transferred. In this
case, the period that limits housing resale shall not exceed
5 years.
2. in the case where housing is located in other areas than in subsection 1: one year
(2) The "period prescribed by Presidential
Decree" under Article 41-2 (1), 2 of the Act
shall refer to the period from the first date of signing a supply contract of price
ceiling system applied housing after advertisement for occupiers to any of the
following dates.
1. The Seoul Metropolitan Area under Article 2, 1 of the Metropolitan Area
Readjustment Act
(a) housing supplied in a public housing site
housing in an Overpopulated Constraint District under Article 6 (1) of the
Metropolitan Area Readjustment Act (hereinafter referred
to as the
"Overpopulated Constraint District"): 5 years as for housing with exclusive
residential area of less than 85 square meters
and 3 years as for housing with
exclusive residential area of more than 85 square meters.
housing in a Non-overpopulated Constraint
District: 3 years as for housing with
exclusive residential area of less than 85 square meters, 3 years as for housing
with exclusive
residential area of more than 85 square meters in an Overheated
Speculative Area and one year as for housing with exclusive residential
area of
more than 85 square meters in a Non-Overheated Speculative Area.
(b) housing supplied in areas other than public housing
sites
housing in an Overpopulated Constraint District:
a) housing with exclusive residential area of less than 85: 3 years;
b) housing with exclusive residential area of more than 85:
3 years as for
housing in an Overheated Speculative Area and 1 year as for housing in a
non- Overheated Speculative Area;
housing in a non-Overpopulated Constraint District:
2. housing in areas other than the Seoul Metropolitan Area
(a) housing in a public housing site: 3 years as for housing in an Overheated
Speculative Area and 1 year as for housing in a non-Overheated Speculative
Area
(b) housing in an Overheated Speculative Area, which is not a public housing
site: 3 years as for housing in Chungcheong Do (Daejeon,
Chuncheongnam Do
and Chungcheongbuk Do) and 1 year as for housing in other areas than
Chungcheong Do.
(c) Deleted
(3) The "period prescribed by Presidential Decree" under Article 41-2 (1), 3 of the Act
shall refer to the period from the first
date of signing a supply contract of housing
after advertisement for occupiers to any of the following dates:
1. housing with exclusive residential area of less than 85: 5 years;
2. housing with exclusive residential area of more than 85: 3 years
(4) The "cases prescribed by Presidential Decree" under Article
41-2 (2) of the Act
shall refer to any of the following cases which are agreed by a project executor
(referring to the Korea National
Housing Corporation as for the housing falling
under Article 41-2 (1), 2 or 3 of the Act. Provided, that where a project executor
is a
local corporation it refers to a local corporation).
1. Where all members of a household (including the head of the household;
hereinafter the same shall apply) move to another Metropolitan
city, city or Gun
because of job change, a disease, schooling and marriage. Provided, That the
same shall not apply to the case
where they move to the Seoul Metropolitan
Area.
2. Where all members of a household move to an inherited house.
3. Where all members of a household immigrate to another country or stay
overseas for more than 2 years.
4. Where the status of occupiers or the ownership of a house is transferred to a
spouse due to divorce.
5. Where a person leaves his/her dwelling due to a public service project under
Article 78 (1) of the Act on the Acquisition of Land,
etc. for Public Service
Project and the Compensation therefore and is supplied with a house
(including the case of being supplied
with housing through mediation of a
project executor) after a mayor, a head of Gun or Gu office confirms.
6. Where a house is put up for auction or public sale since the owner of housing
falling under Article 41-2 (1), 2 or 3 of the Act
has failed to settle his/her debt
borrowed from the State, a local government or a financial institution
(referring to financial
institutions under Article 44-2 (2), 1).
7. Where part of the status of occupiers or the ownership of housing is inherited
to a spouse.
1. the scale and kind of housing;
2. a project executor for housing development by the public sector; and
3. other matters concerned necessary for deliberation by the Minister of Land,
Transport and Maritime Affairs.
(2) The "cases prescribed by Presidential Decree" under Article 41-3 (2) of the Act
shall refer to the case where a project executor,
who carries out a housing site
preparation project under Article 13-2 (5), 5 and 5-2 of the Enforcement Decree of
the Housing Site
Development Promotion Act, supplies a housing site by way of a
private contract.
Part 1 Methods of Housing Management, etc.
Article 46 (Application Scope of Housing Management)
(1) The matters of Multifamily Housing management stipulated in Chapter 5 of
the
Act and this Chapter shall apply to Multifamily Housing (including incidental
facilities and welfare facilities; the same shall
apply in this Article, Article 47 and
57 (3)) constructed with project plan approval under Article 16 of the Act.
Provided, That
Article 47, 55, 57 (3), 59 through 62, 62-2 through 5, 64, 65, 72, 73
shall apply only to Multifamily Housing constructed for rent.
(2) Notwithstanding section (1), Article 47 (only referring to permission for
remodeling work of a remodeling housing association),
59 through 62, 62-2
through 5 shall also apply to Multifamily Housing for presale constructed with
permission under Article 11
of the Building Act.
Article 47 (Standards for Permission for Works, etc.)
(1) Standards for permission and report of the works under Article 42 (2)
of the Act
shall be stipulated in Asterisk 3.
(2) The "works prescribed by Presidential Decree" shall refer to any of the following
acts:
1. disusing Multifamily Housing;
2. reconstructing Multifamily Housing and dismantling rain proof walls
(3) Where a person, who intends to report or get permission
for the use, etc. of
Multifamily Housing under article 42 (2) of the Act, shall submit a written
application for permission and
a written report together with the documents
prescribed by the Ordinance of the Ministry of Land, Transport and Maritime
Affairs.
1. A remodeling housing association established under Article 32 (1) of the Act
for a Dong or a housing complex. In this case, for
remodeling a whole housing
complex, more than four fifths of partition owners and voting rights of the
whole housing complex, and
more than two thirds of partition owners and
voting rights of each Dong shall sign on a resolution which states the following
items.
And for remodeling a Dong, more than four fifths of partition owners
and voting rights of the Dong shall sign on the resolution:
(a) outline for remodeling design;
(b) remodeling costs; and
(c) allotted remodeling cost for each association member.
2. A delegation of occupiers which has received unanimous votes for remodeling
from the homeowners of a housing complex.
(5) The basement floor of Multifamily Housing may be used commonly by occupiers
under Article 11 of the Provisions of Housing Construction
Standards, etc. In this
case, a housing manager shall manage and maintain the basement floor to be used
as a shelter in case.
"Multifamily Housing prescribed by Presidential Decree" under Article 43 (1) shall refer
to Multifamily Housing falling under any
of the following housings (including housing
and other facilities constructed as a same building with permission under Article 8
of the
Building Act, and incidental and welfare facilities with the exception of welfare facilities
for sale to ordinary citizens;
hereinafter the same shall apply).
1. Multifamily Housing with more than 300 households;
2. Multifamily Housing with more than 150 households and elevators;
3. Multifamily Housing with more than 150 households and central heating system
(including district heating system)
4. housing with more than 150 households and other facilities constructed as a same
building with permission under Article 8 of the
Building Act.
Article 49 (Management By Project Executors)
(1) A project executor, who manages Multifamily Housing under Article 43 (1) of the
Act until more than half of its households are
occupied, shall make a contract for
management with prospective occupiers and may charge the expenses for the
management and operation
of commonly used parts (hereinafter referred to as the
"deposit for management expenses) under the contract.
(2) Where a project
executor sends out to occupiers a notice that more than half of
households are occupied, the project executor shall include the
following items in
the notice. 1. the total number of prospective occupiers, the total number of moved-in
households, and the number of prospective occupiers, the
number of moved-in
households for each Dong;
2. request for deciding the management method of Multifamily Housing; and
3. the name and address of the project executor (referring to title and location in the
case of a corporation)
Article 50 (Organization of Delegation of Occupiers, etc.)
(1) A delegation of occupiers shall be organized under Article 43 of
the Act by
delegates of each Dong (hereinafter referred to as the "Dong delegates") in
proportion of the number of households of
each Dong in number.
(2) In the case where a housing complex is constructed in a consecutive manner after
being divided into several
sections, a delegation of occupiers may be organized by
occupiers and users (hereinafter referred to as the "occupiers, etc.") of
housing,
which has firstly been constructed. Provided, that when the next section of the
housing complex is completely constructed,
a delegation of occupiers shall be
reorganized.
(3) Dong delegates shall reside in Multifamily Housing for more than 6 months (with
the exception of Dong delegates elected to establish
the first delegation of
occupiers or a delegation of occupiers under section (2)) after being registered as
the occupiers of Multifamily
Housing as of the election date of Dong delegates.
(4) Executive members of a delegation of occupiers shall be elected among Dong
delegates, and the delegation shall consist of more than 3 directors including 1
chairman and more than 1 auditor.
(5) The scope of duties of executive members, etc shall be prescribed by the
Ordinance of Ministry of Land, Transport and Maritime
Affairs.
(6) Deleted
Article 50-2 (Operation Education for a Delegation of Occupiers)
(1) A mayor, a head of Gun or Gu office may provide elected Dong
delegates under
Article 50 (1) with necessary education for operating a delegation of occupiers
under Article 43-2 (1) of the Act
within 1 year from the election date (hereinafter
referred to as the "operation education").
(2) Each class for operation education shall be less than 4 hours.
(3) A mayor, a head of Gun or Gu office shall inform the education
date, location, and
contents, and persons eligible for education and other matters 10 days before the
education starts.
(4) A mayor, a head of Gun or Gu office may set up and implement a plan for
operation education every year.
(5) The operation education cost shall be covered by the delegates who receive the
education. Provided, That a mayor, a head of
Gun or Gu office may cover all the
cost if he/she considers necessary.
1. establishment and revision of rules for proposing the revision of the
management agreement;
2. settlement of budget for management expenses and criteria for usage fee,
request for audit, and closing accounts;
3. standards for the maintenance and operation of electricity, roads, water supply
and drainage, gas, air conditioning and heating
facilities, and parking lots;
4. appointment and dismissal of employees of self-managing bodies;
5. repair, replacement and conversion of commonly used parts of Multifamily
Housing;
6. proposal and carrying-out of remodeling Multifamily Housing;
7. establishment and adjustment (only limited to the case where they require cost
expenditure) of a long-term repair plan under Article
47 (1) of the Act
(hereinafter referred to as the "long-term repair plan") and a safety
management plan (hereinafter referred to
as the "safety management plan")
under Article 49 of the Act.
8. settlement of conflicting matters among occupiers; and
9. other matters stipulated in the management agreement.
(2) A head of delegation of occupiers may summon a meeting under the management
agreement. Provided, That a head of delegation of occupiers shall summon a
meeting within 14 days in a case falling under any of
the followings:
1. where more than one thirds of members of a delegation of occupiers request a
meeting;
2. where more than one tenth of occupiers request a meeting.
(3) Where a delegation of occupiers resolves the matters of section
(1), the delegation
shall not violate the rights of persons, other than occupiers of Multifamily Housing,
who have interest in
housing management.
(4) Where a delegation of occupiers holds a meeting, the delegation shall make
minutes and ask a housing manager to keep them. And
where occupiers, etc. ask
the housing manager to peruse the minutes and copy them at their expenses, the
housing manager may comply
with the request under the management agreement.
(3) A delegation of occupiers, which has determined the management method of
Multifamily Housing under Article 43 (3) of the Act,
shall report and notify the
following matters within 30 days from the determination date to a mayor, a head of
Gun or Gu office
or a project executor. In the case where there is modification in
the reported matters, the delegation shall make registration within
30 days from the
modification date:
1. title and location of Multifamily Housing complex, and the title and location of
a delegation of occupiers;
2. specifications of a delegation of occupiers;
3. management method of Multifamily Housing and selected housing managers
(only in the case where Multifamily Housing is managed
by a housing
manager);
4. management agreement; and
5. other matters prescribed by the Ordinance of Ministry of Land, Transport and
Maritime Affairs.
(4) Section (1) and (3) shall apply mutandis mutatis to the case where the management
method has been modified or a housing manager
has been replaced. Provided, That
where a delegation intends to re-designate a housing manager again after the term
of contract
expires, more than two thirds of members of a delegation of occupiers
shall consent to it.
(1) Engineers and equipments required to establish a self-management body under
Article 43 (3) of the Act shall be stipulated in
Asterisk 4.
(2) A self-management body shall be supervised by a delegation of occupiers.
(3) A delegation of occupiers shall appoint
a head of management office with more
than half of favorable votes.
(4) A delegation of occupiers shall appoint new head of management office within 30
days from the date on which the position of
head of management office has
become vacant due to dismissal or other reasons.
(5) Members of a delegation of occupiers shall not be allowed to work in a self-
management body.
1. drawing and specifications, equipment specifications, a long-term repair plan and
a safety management plan;
2. charging management and usage fees, the current condition of charging and
related accounting documents;
3. current condition of allowance reserve for long term repair (hereinafter referred to
as the "allowance reserve for long term repair"
under Article 51 of the Act;
4. specifications of deposit for management expenses; and
5. management agreement and other necessary matters for housing management.
(2) A housing manager under Article 43 (6) of the Act
shall manage the housing until a
self-management body is organized or a housing management corporation is
selected by occupiers,
etc.
Article 55 (Duties, etc. of Housing Managers)
(1) A housing manager shall fulfill any of the following duties under Article 43 (7) of
the Act. In this case, a housing manager,
if necessary, may use commonly used
areas of housing: