Building administration
Special Measures Act for Legalizing Illegal Buildings — Who Can Apply, Procedure and Costs
The Act on Special Measures for the Arrangement of Specific Buildings will be in force for 18 months from December 17, 2026. It is not a system that legalizes every illegal building. It gives a time-limited opportunity for approval for use to buildings such as residential buildings of a certain size or smaller that were effectively completed as of December 31, 2023. Rather than whether an application can be filed, first judge whether the building can actually reach approval for use.
Procedure
1. Check the current status
Check the violation marking in the building register, the corrective order and the notice of the charge for compelling compliance, and the area, use and structure of the part in violation. With only the address, the notices and site photographs, the likely route can be sorted out first.
2. Classify the route for resolving the violation
Determine which route fits: legalization under the Special Act, a permit or report for extension or change of use under the Building Act, approval after partial demolition or reinforcement, or restoration to the original state. Non-residential uses, such as a rooftop storage room on a commercial building or factory, may not fit the structure of the Special Act.
3. Gather evidence of the time of completion
Prove that the building was effectively completed as of December 31, 2023 with aerial photographs, records of charges for compelling compliance imposed, corrective orders, construction contracts, lease contracts, electricity and water usage records and similar materials.
4. Prepare the design documents and field survey report, and file the report
A report under the Special Act requires, as statutory attachments, design documents and a field survey report prepared by a certified architect. With these, file a specific building report with the competent city, county or district (si/gun/gu) office.
5. Approval for use after review and supplementation
If the building committee review requires supplementation for structural safety, evacuation, fire prevention, parking and the like, supplementary construction work is carried out. If the standards are met, a certificate of approval for use is issued.
Required documents
- Specified building report form (statutory form)
- Building register and land ledger
- Corrective order, written warning or imposition notice of the charge for compelling compliance
- Design documents and field survey report prepared by a certified architect
- Proof of ownership of the site or of consent to its use (for a condominium building, proof of a resolution of the management body)
- Materials showing completion and use on or before December 31, 2023
Fees
Costs are divided into the charge for compelling compliance (if none has been imposed, an administrative fine equivalent to 5 impositions), certified architect costs (measurement, drawings, field survey report, structural review), the administrative agency service fee, supplementary construction costs, and actual expenses for surveying and certificates. Administrative agency service fees in the industry generally range from several hundred thousand won to several million won, and architect costs are separate. We will advise on the fee after reviewing the building and a consultation.
Legal basis and review date
- Act on Special Measures for the Arrangement of Specific Buildings, Article 3
- Act on Special Measures for the Arrangement of Specific Buildings, Article 4
- Act on Special Measures for the Arrangement of Specific Buildings, Article 6
- Act on Special Measures for the Arrangement of Specific Buildings, Article 9
- Act on Special Measures for the Arrangement of Specific Buildings, Addenda, Article 1
- Act on Special Measures for the Arrangement of Specific Buildings, Addenda, Article 2
Check these first
- Organizing the differences between the building register and the actual state, the time of the extension and the structure before the enforcement date will speed up preparation of the report.
Frequently asked questions
From when can applications be filed under the special act for legalizing illegal buildings?
Are all illegal buildings legalized?
Is a rooftop room also eligible for legalization?
What happens to charges for compelling compliance already paid?
Is a certified architect required for a legalization 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.
