Land, buildings & compensation
Relocation Housing Site Eligibility for Relocation Measures — Residence on the Reference Date, Exclusions, Land Compensation Priority and Appeals Against Exclusion
A person who loses the basis of their livelihood by providing a residential building for a public works project is eligible for relocation measures such as a relocation housing site, or for relocation settlement money. The person must be an owner who has lived in the building continuously from the date of the public notice under the relevant laws until the contract date or expropriation adjudication date, and owners of buildings constructed without permit or report, as well as tenants, are excluded in principle. Compensation in land is available to persons who have owned land continuously from 1 year before the public notice and transferred land at least as large as the minimum lot division area. An exclusion decision by a public project operator is treated as a disposition and can be contested through an objection or an administrative appeal.
Procedure
1. Confirm the reference date and residence period
An eligible person must be an owner who has lived in the building continuously from the date of the public notice under the relevant laws for public works until the contract date or expropriation adjudication date. Absence for unavoidable reasons such as medical treatment, military service, official duty, schooling or living in another person's building within the project district does not lead to exclusion. Project operator announcements sometimes set more specific criteria, such as ownership and residence from 1 year before the public inspection notice date, so also check the reference date in the announcement.
2. Review exclusions and eligibility for relocation settlement money
Owners of buildings constructed or converted without the required permit or report, and tenants living in buildings owned by others, are excluded from relocation measures (tenants who own a residential building within the district are an exception). Persons who have not lived there continuously from 1 year before the public notice, or who wish to move somewhere other than the relocation site, receive relocation settlement money instead. The settlement money is 30% of the appraised value of the residential building, but not less than 12,000,000 won and not more than 24,000,000 won.
3. Submit the eligibility application and supporting evidence
The project operator must notify eligible persons in advance of the relocation measures it plans, and the application period and form are set in the operator's announcement. If the resident registration abstract alone does not show actual residence, submit residence evidence such as utility payment records and mail receipt records. For buildings not listed in the building register, organize materials showing the construction date and whether a permit or report was made.
4. Review land compensation eligibility and priority
To receive compensation in land, you must have owned the land continuously from 1 year before the public notice until the contract date or adjudication date, and transfer land at least as large as the minimum lot division area set by ordinance (within the Enforcement Decree of the Building Act range of 60 square meters or more in residential areas, 150 square meters in commercial and industrial areas, and 200 square meters in green areas). When applicants compete, priority goes to those who are not absentee owners and who live within the district, in order of longest holding period, and other priorities are announced by the project operator. The compensated area may not exceed 990 square meters for housing land or 1,100 square meters for commercial land.
5. Objection and administrative appeal against an exclusion decision
You may file an objection with the project operator within 30 days of receiving the exclusion (ineligibility) notice, and an administrative appeal must be filed within 90 days of learning of the disposition and within 180 days of the disposition. If you filed an objection, you may file an administrative appeal within 90 days of being notified of the result. If you reapply with new materials after a rejection and are rejected again, the Supreme Court treats this as a new rejection disposition.
Required documents
- Relocation measures eligibility application (form set by the project operator's announcement, no statutory form under the land compensation laws)
- Administrative appeal petition (Form No. 30 of the Enforcement Rule of the Administrative Appeals Act, when contesting an exclusion decision)
- Objection (no prescribed form, submitted in writing to the project operator)
- Compensation plan notice and relocation measures exclusion (ineligibility) notice
- Resident registration abstract (including address change history)
- Building register, building permit or report documents, or materials showing the construction date
- Materials showing actual residence (utility payment records, mail receipt records, etc.)
- Proof of unavoidable reasons for absence, if applicable (medical certificate, military enlistment records, certificate of enrollment, etc.)
- Land registration certificate and holding period records (when applying for land compensation)
Fees
Typically in the range of several hundred thousand won in the industry · We will quote after consultation based on the stage (eligibility application, objection, administrative appeal) and the volume of residence and building evidence. Document issuance fees are separate.
Legal basis and review date
- Act on the Acquisition of and Compensation for Land for Public Works Projects, Article 63
- Act on the Acquisition of and Compensation for Land for Public Works Projects, Article 78
- Enforcement Decree of the Act on the Acquisition of and Compensation for Land for Public Works Projects, Article 24-3
- Enforcement Decree of the Act on the Acquisition of and Compensation for Land for Public Works Projects, Article 26
- Enforcement Decree of the Act on the Acquisition of and Compensation for Land for Public Works Projects, Article 40
- Enforcement Decree of the Act on the Acquisition of and Compensation for Land for Public Works Projects, Article 41
- Enforcement Rule of the Act on the Acquisition of and Compensation for Land for Public Works Projects, Article 53
- Building Act, Article 57
- Enforcement Decree of the Building Act, Article 80
- Framework Act on Administration, Article 36
- Administrative Appeals Act, Article 27
- Enforcement Rule of the Administrative Appeals Act, Form No. 30
- Supreme Court Decision 2020Du50324 decided January 14, 2021
Check these first
- The right to be supplied a housing site or home under relocation measures may not be resold through sale, gift or similar transactions until ownership transfer registration is completed (inheritance excepted), and if this is violated, relocation settlement money is paid instead of relocation measures.
- If you did not file an objection, an administrative appeal cannot be filed once 90 days have passed since you learned of the disposition, so record the date you received the exclusion notice.
Frequently asked questions
Who can receive a relocation housing site?
Can a tenant be eligible for relocation measures?
If I lived in an unpermitted building, can I still get a relocation housing site?
How long do I have to contest an exclusion notice?
Who can apply for compensation in land?
Can an administrative agent prepare relocation applications or administrative appeal petitions?
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.
