Prior opinions & explanations

Preparing an Explanation for Regional Housing Association Member Ineligibility — Homeless, One Home of 85㎡ or Less, 6-Month Residence and the Explanation Period

Under Article 21 of the Enforcement Decree of the Housing Act, a member of a regional housing association must, from the date of application for association establishment approval (in a speculation-overheated district, the date 1 year before that) until the date occupancy becomes possible, be the householder of a household in which no member including the householder owns a home, or the householder of a household in which only 1 member owns 1 home with an exclusive residential area of 85 square meters or less. Household members here include a spouse registered at a separate address and the members of that spouse's household, and holding pre-sale rights is also treated as owning a home. In addition, as of the date of application for establishment approval the person must have lived continuously in the same region for 6 months or more, and neither the person nor a separately registered spouse may be a member of another regional or workplace housing association. The head of the city, county or district searches member eligibility through the housing computer network at establishment approval (including change approval), project plan approval and use inspection, and if a member is found ineligible the project operator notifies the result and sets a period of at least 7 days from the notice to receive explanatory documents. There are exceptions under which a home is treated as not owned if it is disposed of within a set period, such as a home acquired by inheritance, bequest or marriage, so the core of the explanation is to match these exceptions and the ownership and residence dates with documents.

Procedure

  1. 1. Check the reason for ineligibility and the explanation deadline

    Check whether the reason stated in the notice is home ownership, the householder requirement, the residence period or duplicate membership in another association. The project operator receives documents during a period of at least 7 days from the notice, so write down the submission deadline stated in the notice as a date, and if any document cannot be submitted in time, tell the association first.

  2. 2. Confirm the reference dates and the household members assessed

    Home ownership is assessed from the date of application for establishment approval (in a speculation-overheated district, the date 1 year before that) until the date occupancy becomes possible, and the residence period as of the date of application for establishment approval. A member who joined to fill a vacancy is assessed as of the date of application to join the association. A spouse registered at a separate address and that spouse's household members are also assessed, so check whose home was found in the search.

  3. 3. Review the exceptions under which a home is treated as not owned

    If a home was acquired by inheritance, bequest or marriage to a home owner, it is treated as not owned if it is disposed of within 6 months from the date of the ineligibility notice. In other cases, Article 53 of the Rules on Housing Supply applies mutatis mutandis, so a home owned by a lineal ascendant aged 60 or older, a single home of 20 square meters or less, and an abandoned house in which no one lives that is demolished or whose public register is corrected within 3 months from the notice are among those treated as not owned. A person who lost householder status for unavoidable reasons such as work, medical treatment, study or marriage and later regained it is also treated as eligible if the head of the city, county or district recognizes it.

  4. 4. Collect evidence of ownership and residence dates

    The dates of home ownership and disposal are based on whichever is earlier of the registration receipt date on the building register certificate and the processing date on the building ledger, so prepare both documents. The residence period is shown by the move-in and move-out history on the resident registration abstract, and the spousal relationship and date of divorce by the family relation certificate and marriage relation certificate. When explaining that householder status was regained, attach documents showing the unavoidable reason, such as employment, medical or enrollment records.

  5. 5. Prepare and submit the explanation

    For each reason for ineligibility, the explanation states the relevant provision, the reference date, the facts and the numbers of the attached evidence in order so that a decision can be made from the documents alone. Submit it to the association within the period set by the project operator and keep a record of receipt. If the explanation is not accepted and the member is found unqualified, the member loses membership, and the association may recruit new members to the extent of that vacancy.

Required documents

  • No submission form (the explanation has no statutory form, so it is prepared following the method stated in the project operator's (association's) ineligibility notice or in free form)
  • Copy of the ineligibility notice (to confirm the notice date)
  • Resident registration certificate and abstract (household composition, householder status, move-in and move-out history)
  • Family relation certificate and marriage relation certificate (spousal relationship and dates of marriage or divorce)
  • Building register certificate and building ledger (home area, dates of ownership and disposal)
  • Sale contract or similar showing disposal of a home acquired by inheritance, bequest or marriage (if applicable)
  • Evidence of the reason for losing and regaining householder status (employment, medical or enrollment records, if applicable)
  • Letter of authorization (when entrusting document issuance or submission)

Fees

Typically in the range of several hundred thousand won in the industry · Quoted after consultation depending on the number of ineligibility reasons, the complexity of the household members and home history assessed, and whether document issuance is also handled.

Legal basis and review date

  • Housing Act, Article 2
  • Housing Act, Article 11
  • Enforcement Decree of the Housing Act, Article 21
  • Enforcement Decree of the Housing Act, Article 22
  • Enforcement Rule of the Housing Act, Article 8
  • Rules on Housing Supply, Article 3
  • Rules on Housing Supply, Article 23
  • Rules on Housing Supply, Article 52
  • Rules on Housing Supply, Article 53

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

  • The 6-month disposal period for a home acquired by inheritance or marriage runs from the date of the ineligibility notice, so record the date you received the notice and schedule the disposal right away.
  • Member eligibility must be maintained until the date occupancy becomes possible and is searched again at project plan approval and use inspection, so even after the explanation is accepted, check the effect on eligibility before acquiring another home or changing the household composition.

Frequently asked questions

Can I become a regional housing association member if I already own one home?
Yes, under conditions. If only 1 household member including the householder owns 1 home with an exclusive residential area of 85 square meters or less, the householder can become a member, but if the home exceeds 85 square meters or the household owns 2 or more homes, the person is in principle not eligible. Holding pre-sale rights is also treated as owning a home.
Is a home owned by a spouse living at a separate address included in the eligibility assessment?
Yes. Household members include the householder's spouse who is not on the same resident registration and the people forming a household with that spouse. However, if the divorce took place before the reference period, explain the date of divorce with the marriage relation certificate and confirm whether the former spouse is excluded from the assessment.
I received an ineligibility notice because I inherited my parents' home. Is there a way out?
Yes. If a home was acquired by inheritance, bequest or marriage to a home owner, it is treated as not owned if it is disposed of within 6 months from the date of the ineligibility notice. State the cause of acquisition and the disposal plan in the explanation, and after disposal prove the disposal date with the building register certificate.
How many days is the explanation period after an ineligibility notice?
The project operator sets a period of at least 7 days from the notice. The law sets only the minimum of 7 days, so the actual deadline must be checked by the date in the notice, and if it passes, the decision may be made without the submitted documents.
Which region is used for the 6-month residence requirement?
The statutory region that includes the housing construction site. For example, Seoul, Incheon and Gyeonggi-do are grouped as one region, so the requirement is met if the person had lived continuously within this region for 6 months or more as of the date of application for establishment approval.
Does an administrative agent prepare explanations for regional housing association member ineligibility?
Yes. Hwang Yunsang Administrative Office reviews the reason for ineligibility and the reference dates, organizes the household members and home history assessed, checks whether the exceptions for homes treated as not owned apply, prepares the explanation and evidence list, and obtains the supporting documents.

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.