Civil petitions & documents
Writing an Apartment Defect Review or Dispute Mediation Application — Warranty Periods of 2, 3, 5 and 10 Years and a 60-Day Processing Period
If the developer of an apartment or other multi-unit housing does not repair a defect or disputes that it is a defect, residents or the residents' representative council can apply to the Ministry of Land, Infrastructure and Transport Defect Review and Dispute Mediation Committee for a defect review or dispute mediation (Multi-Family Housing Management Act Article 39). Defect reviews and dispute mediation are in principle completed within 60 days (90 days for common areas) of the application, and if a party does not respond within 30 days of receiving a mediation proposal, it is deemed accepted and the mediation record has the same effect as a judicial settlement (same Act Articles 44 and 45). Before applying, confirm that a repair request was made within the warranty period and organize the history of negotiations.
Procedure
1. Checking the defective part and the warranty period
The warranty period is 10 years for load-bearing structural defects; for each type of works under Annex 4 of the Enforcement Decree of the Multi-Family Housing Management Act, it is 2 years for finishing works, 3 years for equipment works such as plumbing, heating, electrical and fire-fighting, and window and door works, 5 years for site preparation, reinforced concrete, masonry, roofing and waterproofing works, and 10 years for ground works. The period runs from the date of handover to the resident for private areas and from the date of use inspection (or use approval) for common areas (Multi-Family Housing Management Act Article 36(3)).
2. Requesting repairs from the developer and checking the reply
Within the warranty period, the resident requests repairs of private areas, and the residents' representative council, managing entity or management body requests repairs of common areas (Enforcement Decree Article 38(1) and (2)). The developer must repair within 15 days of the request or notify a repair plan in writing, and if it considers the issue not a defect, it must give its reasons in writing (same Article (3)). The request dates, replies and discussions form the basis of the negotiation history statement attached to the application.
3. Writing and submitting the defect review or dispute mediation application
If the dispute is whether there is a defect at all, use the defect review application (Form No. 15); if it concerns the repair method or cost, use the defect dispute mediation application (Form No. 16) (Enforcement Rule of the Multi-Family Housing Management Act Article 19). Attach the negotiation history statement, evidence of the defect such as color photos and explanations, and a copy of ID; for mediation claiming repair costs, add a statement of repair cost calculation, and submit copies equal to the number of respondents. The application fee stated on the form is 10,000 won, and applications can also be filed electronically on the committee's website.
4. The respondent's answer and the committee's review
The committee notifies the other party of the application; the other party must submit an answer within 10 days unless there are special circumstances, and the developer must take part in the mediation (Multi-Family Housing Management Act Article 46). The processing period is 60 days for defect reviews and dispute mediation (90 days for common areas), excluding correction and defect appraisal periods, and may be extended once by up to 30 days (same Act Article 45). If the cause of the defect is unclear, a safety inspection agency may carry out a defect appraisal, the cost of which is borne by the parties (same Act Article 48).
5. After receiving the decision or the mediation proposal
If a defect is found, the developer must repair it according to the decision and report the result to the committee, and a party objecting to the decision may file an objection within 30 days of receiving it, attaching an opinion from a safety inspection agency or other expert (Multi-Family Housing Management Act Article 43). For dispute mediation, each party must state whether it accepts the proposal within 30 days of receiving it; no response is deemed acceptance, and the mediation record has the same effect as a judicial settlement (same Act Article 44).
Required documents
- Defect review application (Enforcement Rule of the Multi-Family Housing Management Act, Form No. 15) or defect dispute mediation application (same Rule, Form No. 16), with copies equal to the number of respondents
- Statement of negotiation history between the parties (requests, replies and discussions by date from the first repair request to the application, with supporting evidence)
- Evidence of the defect (color photos and explanations, etc.)
- Statement of repair cost calculation (when claiming repair costs in dispute mediation)
- Copy of the defect repair deposit guarantee (when the guarantee issuer is a party)
- Copy of the applicant's ID (certificate of seal impression for corporations), and the applicant's letter of authorization when submitted on the applicant's behalf
- Proof of reporting the formation of the residents' representative council, or a copy of the certificate of assignment of the management office head and seal report, or proof of appointment of the management body's manager (when such a body applies)
Fees
Generally in the range of tens of thousands to several hundred thousand won across the industry · We will advise after a consultation, depending on the number of defect items and households, the volume of the negotiation history and photo explanations, and whether a statement of repair cost calculation is needed. The committee's application fee is 10,000 won according to the form.
Legal basis and review date
- Multi-Family Housing Management Act Article 36
- Multi-Family Housing Management Act Article 37
- Multi-Family Housing Management Act Article 39
- Multi-Family Housing Management Act Article 43
- Multi-Family Housing Management Act Article 44
- Multi-Family Housing Management Act Article 44-2
- Multi-Family Housing Management Act Article 45
- Multi-Family Housing Management Act Article 46
- Multi-Family Housing Management Act Article 48
- Enforcement Decree of the Multi-Family Housing Management Act Article 36
- Enforcement Decree of the Multi-Family Housing Management Act Annex 4
- Enforcement Decree of the Multi-Family Housing Management Act Article 38
- Enforcement Decree of the Multi-Family Housing Management Act Article 46
- Enforcement Rule of the Multi-Family Housing Management Act Article 19
- Enforcement Rule of the Multi-Family Housing Management Act Form No. 15
- Enforcement Rule of the Multi-Family Housing Management Act Form No. 16
Check these first
- Repairs cannot be requested after the warranty period ends (Enforcement Decree of the Multi-Family Housing Management Act Article 38(1)), so make the request in writing within the period and keep a record of the request date.
- If you do not respond within 30 days of receiving a mediation proposal, it is deemed accepted and takes the same effect as a judicial settlement, so track the deadline from the date you receive the proposal.
Frequently asked questions
How long is the warranty period for apartment defects?
What is the difference between a defect review and defect dispute mediation?
How long does apartment defect dispute mediation take?
What happens if I do not respond to a defect mediation proposal?
Can I apply for a leak defect in just one unit?
Can an administrative agent write an apartment defect review or dispute mediation application?
Contact us
Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.
📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com
This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.
