Building administration

Responding to a Restoration Order for an Illegal Farm Hut — Statement of Explanation and Conversion to a Rural Stay Shelter after a 20㎡ or Residential-Use Finding

Under Article 54 of the Farmland Act, mayors, county governors and district heads regularly survey the ownership, use and conversion of farmland. If the survey finds that a farm hut exceeds 20㎡ in total floor area or is used as a residence, or otherwise falls outside the standards in Article 3-2 of the Enforcement Rule of the Farmland Act, the authority may treat it as unauthorized conversion and order restoration to the original state (Article 42). If restoration is not completed within the order period, an enforcement fine of 25% of the higher of the appraised value or the individual publicly announced land price may be imposed every year until the order is carried out. The farmland owner or the person who installed the hut should submit a statement of explanation at the prior notice stage and decide on a correction method: removal or downsizing, or conversion to a rural stay shelter through a temporary building report and farmland ledger registration.

Procedure

  1. 1. Check the survey notice and the request for materials

    The farmland survey is carried out at least once a year on farmland such as land for which a farmland acquisition qualification certificate was issued within a set period, land acquired by a person with no address in the city, county or district where the land is located or an adjacent one, land acquired in co-ownership, and land owned by agricultural corporations or foreigners. When a survey official requests materials or an opinion, the farmland owner or tenant must cooperate unless there is a special reason, and refusing or submitting false materials is subject to an administrative fine of up to 3,000,000 won. Before answering, first gather the temporary building report certificate, the farmland ledger and site photos to confirm the facts.

  2. 2. Check which farm hut standards were breached

    A farm hut is a temporary warehouse for storing farm materials and machinery, simple processing of harvested produce, or short rests during farm work; it must not be used for residential purposes and its total floor area must be 20㎡ or less (if eaves or similar parts project 1m or more, the building area must also be 20㎡ or less). The temporary building report and farmland ledger registration must be completed, parking spaces and decks must stay within the area set by the Ministry of Agriculture, Food and Rural Affairs notice, and the building ordinance standards must also be met. The site of a facility outside these standards is not treated as a farm hut site, so it may be judged as farmland converted without permission, and in an agricultural promotion zone it becomes subject to a corrective order for breaching the activity restrictions.

  3. 3. Submit a statement of explanation in response to the prior notice

    For a disposition that imposes an obligation, such as a restoration order, the administrative agency must give advance notice of the disposition, its legal basis and the deadline for submitting opinions, and the deadline must allow at least 10 days (Administrative Procedures Act, Article 21). The statement of explanation should set out the use and measured area of the facility, how it is actually used, evidence of farm work, and the correction plan with the expected completion date, together with photos. For items where the breach is clear, state the removal or downsizing method and the expected completion date and request the time needed to carry it out.

  4. 4. Remove or downsize, or convert to a rural stay shelter

    To keep it as a farm hut, reduce the total floor area to 20㎡ or less and clear out the fixtures used for living so that it returns to temporary warehouse use. If overnight stays for farm work are needed, check that the rural stay shelter standards are met (total floor area of 33㎡ or less, 33㎡ or less combined with any farm hut on the same parcel, farmland adjoining a road where fire engines can operate, a parcel area at least 2 times the combined area of the shelter, parking space and deck, and residential fire safety equipment installed), file a temporary building report with the mayor, county governor or district head, and only then start work. A shelter cannot be placed on farmland in a disaster prevention district, a collapse-risk area or a natural disaster risk improvement district.

  5. 5. Register in the farmland ledger and report completion of restoration

    An application to change the use information in the farmland ledger must be filed with the city, district, town or township within 60 days from the date the farm hut or shelter is installed, and failing to apply is subject to an administrative fine of up to 3,000,000 won. When the correction is finished, notify the department that issued the order, attaching before-and-after photos and the temporary building report certificate. If the order is not carried out within the period, an enforcement fine may be imposed every year; once it is carried out, new impositions stop, but amounts already imposed are still collected.

Required documents

  • Temporary building construction report (Enforcement Rule of the Building Act, Form No. 8; when re-reporting a farm hut or converting to a shelter)
  • Application for change of use information in the farmland ledger (Enforcement Rule of the Farmland Act, Form No. 58-2)
  • Statement of explanation and opinion submission (prepared according to the opinion submission guidance in the prior notice)
  • Layout plan and floor plan of the temporary building (attached to the construction report)
  • Letter of consent for land use (if the farmland is owned by another person)
  • Existing temporary building report certificate and temporary building management ledger
  • Measured dimensions of the facility and front, back and side photos of the site (before and after correction)
  • Materials showing farm work (agricultural business entity registration confirmation, farming records and photos, etc.)
  • Letter of authorization (when an administrative agent submits on your behalf)

Fees

Industry range of several hundred thousand won · We provide a quote after consultation based on the number of breached items, the length of the statement of explanation, and whether a shelter conversion report is needed. Drawing preparation and removal or installation work are charged separately.

Legal basis and review date

  • Farmland Act, Article 2
  • Farmland Act, Article 32
  • Farmland Act, Article 34
  • Farmland Act, Article 42
  • Farmland Act, Article 42-2
  • Farmland Act, Article 49-2
  • Farmland Act, Article 54
  • Farmland Act, Article 63
  • Farmland Act, Article 64
  • Enforcement Decree of the Farmland Act, Article 2
  • Enforcement Decree of the Farmland Act, Article 59-3
  • Enforcement Decree of the Farmland Act, Article 75
  • Enforcement Rule of the Farmland Act, Article 3-2
  • Enforcement Rule of the Farmland Act, Article 3-4
  • Enforcement Rule of the Farmland Act, Article 63
  • Enforcement Rule of the Farmland Act, Form No. 58-2
  • Building Act, Article 20
  • Building Act, Article 111
  • Enforcement Decree of the Building Act, Article 15
  • Enforcement Rule of the Building Act, Article 13
  • Enforcement Rule of the Building Act, Form No. 8
  • Administrative Procedures Act, Article 21
  • Administrative Appeals Act, Article 27

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • Writing anything untrue in the statement of explanation or survey materials is subject to an administrative fine and also works against you in later correction discussions, so state the measured area and actual use as they are.
  • Separately from correction under the Farmland Act, a temporary building installed or enlarged without a construction report is subject to a fine of up to 50,000,000 won under the Building Act, so deal with decks and extensions at the same time.

Frequently asked questions

Can I sleep in a farm hut or stay there on weekends?
It must not be used for residential purposes. A farm hut is defined as a temporary warehouse for short rests during farm work, so using it for overnight stays or living falls outside the farm hut standards. If temporary lodging for farm work is needed, meet the rural stay shelter standards and file a separate construction report.
If my farm hut is over 20㎡, do I have to tear it down right away?
The part that exceeds the standard has to be corrected. The farm hut standard is a total floor area of 20㎡ or less (including the building area if eaves or similar parts project 1m or more), so if it is larger, consider downsizing or removing it or converting it to meet the shelter standards. If a restoration order is issued, carrying it out within the period stated in the order prevents an enforcement fine.
How much is the enforcement fine if I do not comply with a farmland restoration order?
It is 25% of the higher of the appraised value or the individual publicly announced land price. It is imposed if the order is not carried out within the order period and also not by the further reasonable period set by the mayor, county governor or district head, and it may be imposed once every year until the order is carried out. Before imposition, the authority gives advance written notice and at least 10 days to submit opinions, and an objection to the imposition can be raised within 30 days from the date of notification.
Can an illegal farm hut be converted into a rural stay shelter?
Yes, if all shelter standards are met. The shelter must have a total floor area of 33㎡ or less (combined with any farm hut on the same parcel), stand on farmland adjoining a road where fire engines can operate, meet the 2-times parcel area standard, have residential fire safety equipment and meet the building ordinance standards, and the temporary building report and farmland ledger registration must be completed. If the parcel does not meet the standards, plan the correction around downsizing to the farm hut standards instead of conversion.
What happens if I refuse to submit materials for the farmland survey?
It is subject to an administrative fine. Refusing without a special reason, or giving false materials or opinions, when a survey official requests them may lead to an administrative fine of up to 3,000,000 won, and the same applies to refusing, evading or obstructing the survey. Submitting accurate materials within the deadline also gives you a basis when discussing the correction period.
Does an administrative agent handle the statement of explanation and the shelter conversion report for an illegal farm hut?
Yes. Hwang Yunsang Administrative Office reviews which farm hut standards were breached, prepares the statement of explanation and opinion submission, prepares the temporary building construction report and the application for change of farmland ledger use information according to the correction plan, and handles submission to the city, county or district office and the town or township office. If you contest a restoration order, we also prepare and submit the administrative appeal, which must be filed within 90 days from the date you became aware of the disposition.

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.