Prior opinions & explanations

Objecting to a Sewerage Cost-Sharing Charge — Missing Deductions for Demolished Buildings, Wastewater Volume Review and Administrative Appeal Deadlines

Under Article 61, Paragraph 1 of the Sewerage Act, the public sewerage management authority may require the owner of a building (or the building owner-to-be during construction) to bear all or part of the cost of rebuilding public sewerage as a cost-sharing charge when new construction, extension or a change of use increases wastewater by 10㎥ or more per day (Enforcement Decree, Article 35, Paragraph 1). The calculation standards and collection methods are set by local government ordinance, and the wastewater volume is calculated under the Ministry of Climate, Energy and Environment notice on calculating wastewater generation and septic tank capacity by building use. Because the Act imposes the charge only when wastewater 'increases', if an existing building was demolished and a new one built but the charge was calculated on the full floor area, first check whether the existing building's wastewater volume was deducted. If you disagree with the charge, choose among an objection under the ordinance (in Incheon Metropolitan City, within 90 days of receiving notice of the disposition), an administrative appeal within 90 days of learning of the disposition, and a grievance petition to the Anti-Corruption and Civil Rights Commission.

Procedure

  1. 1. Obtain the charge notice and calculation details

    Gather the estimated amount notice received at the building permit stage and the charge notice received before completion, and ask the charging authority for the calculation details showing floor area by use, the wastewater standard applied and the unit price. The Incheon Metropolitan City ordinance provides that the estimated amount is notified at the permit stage, the charge is imposed 1 month before the scheduled completion date, and the amount is calculated using the wastewater volume at completion and the unit price for the completion year. Record the date you received the notice separately, as it is the starting point for the objection and administrative appeal deadlines.

  2. 2. Review the wastewater volume calculation

    Compare the floor area by use in the building register and drawings, item by item, against the wastewater generation standards by use in the notice. The notice provides that buildings with several uses are calculated by adding up each use, annex buildings that generate no wastewater are not calculated separately, and where the main use (such as a warehouse) generates no wastewater, only annex uses such as toilets and offices are calculated. Also check the provision allowing the figures to be adjusted based on objective data such as water usage where actual use does not match the standards.

  3. 3. Check deductions for existing buildings and reductions

    If an existing building was demolished before new construction, or part of a building changed use, check whether the charge was calculated on the increase after deducting the existing building's wastewater volume. The way the existing wastewater volume is recognized can differ by ordinance and local government standard, so prepare the building register of the building before demolition, demolition records and receipts for any cost-sharing charge paid previously. Also check whether a reduction ground set by ordinance applies, such as installing a water reuse system or a rainwater harvesting facility.

  4. 4. Prepare and submit an objection or grievance petition

    If a calculation error is found, prepare an objection stating the relevant provisions, the recalculated wastewater volume and amount, with supporting evidence, and submit it to the charging authority. The Incheon Metropolitan City ordinance requires a decision to be notified within 60 days of receiving the objection. If the objection period has passed or the matter is suited to resolution through consultation with the local government, a grievance petition to the Anti-Corruption and Civil Rights Commission can also be prepared and submitted in writing.

  5. 5. Prepare and submit an administrative appeal

    To challenge the result of an objection or contest the charge directly, prepare and submit an administrative appeal. An administrative appeal cannot be filed once 90 days have passed from the date you learned of the disposition, or 180 days from the date of the disposition. The appeal states the legal basis of the charge and each calculation error, with the recalculation sheet and evidence attached.

Required documents

  • Cost-sharing charge objection form (the form set by the local government's sewerage use ordinance or rules, or a free-format document if none) or administrative appeal form (Enforcement Rule of the Administrative Appeals Act, Form No. 30)
  • Cost-sharing charge notice and the estimated amount notice received at the building permit stage
  • Calculation details from the charging authority (floor area by use, wastewater volume, unit price)
  • Building register, use approval and floor area table by use and drawings of the new building
  • Building register (including cancelled entries), demolition records and photos of the demolished existing building
  • Receipts for any cost-sharing charge previously paid for the existing building (if any)
  • Water usage data or evidence of reduction grounds (water reuse system, rainwater harvesting facility, etc., if applicable)
  • Letter of authorization (when submitted by an agent)

Fees

Typically in the range of several hundred thousand won to around one million won across the industry · We provide a quote after consultation, depending on the size of the building and number of uses, whether the work stops at an objection or continues to an administrative appeal, and how much data is available for recalculation.

Legal basis and review date

  • Sewerage Act, Article 61
  • Sewerage Act, Article 73
  • Enforcement Decree of the Sewerage Act, Article 35
  • Enforcement Decree of the Sewerage Act, Article 24, Paragraph 5
  • Notice on Calculating Wastewater Generation and Septic Tank Capacity by Building Use (Ministry of Climate, Energy and Environment)
  • Incheon Metropolitan City Sewerage Use Ordinance, Articles 17, 21 and 22
  • Administrative Appeals Act, Article 27
  • Administrative Appeals Act, Article 30
  • Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission, Article 39
  • Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission, Article 43

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

  • An administrative appeal cannot be filed once 90 days have passed from the date you learned of the disposition, and filing a grievance petition does not stop this period, so calculate the deadline first from the date you received the notice.
  • Some local governments, such as Incheon Metropolitan City under its ordinance, set the payment of the cost-sharing charge before building completion, so check the use approval schedule and payment deadline while the objection is in progress.

Frequently asked questions

When do I have to pay a sewerage cost-sharing charge?
It is charged when new construction, extension or a change of use increases wastewater by 10㎥ or more per day. The basis is Article 61, Paragraph 1 of the Sewerage Act and Article 35, Paragraph 1 of its Enforcement Decree; the charge is imposed on the building owner, or the building owner-to-be during construction. The calculation standards and collection timing are set by local government ordinance.
I demolished an old building and built a new one, but the charge was based on the full floor area. Can I get a deduction?
It is possible under certain conditions. Because the Act imposes the charge when wastewater increases, it is worth checking whether the increase after deducting the existing building's wastewater volume should be the basis, and the way existing wastewater is recognized may differ by ordinance and local government standard. Prove the existing wastewater volume with the building register before demolition, demolition records and past payment records, and request a recalculation through an objection or grievance petition.
What is the deadline for objecting to a cost-sharing charge?
It follows the period set by the relevant local government ordinance. The Incheon Metropolitan City sewerage use ordinance allows an objection within 90 days of receiving notice of the disposition and provides that an administrative appeal may be filed regardless of the objection. An administrative appeal must be filed within 90 days of learning of the disposition and within 180 days of the disposition.
Should I file a grievance petition or an administrative appeal?
If the deadline has not passed, consider an administrative appeal or objection first. A grievance petition can be filed regardless of the administrative appeal period, but the Anti-Corruption and Civil Rights Commission may transfer or dismiss matters for which another remedy procedure, such as an administrative appeal, is in progress. Where the calculation error is clear and the matter is suited to recalculation with the local government, a grievance petition is sometimes used.
Can I postpone payment by filing an objection?
Payment is not postponed automatically. Filing an administrative appeal does not stop the effect or enforcement of the disposition, and if the charge is not paid by the due date, Article 73 of the Sewerage Act allows a demand for payment, an additional charge of up to 3/100 of the unpaid amount and compulsory collection. If the matter is urgent, consider applying for a stay of execution together with the administrative appeal.
Does an administrative agent handle sewerage cost-sharing charge objections?
Yes. Hwang Yunsang Administrative Office reviews the charge notice and calculation details, recalculates wastewater volume by use and the deduction for existing buildings, prepares and submits objections and grievance petitions, and prepares and submits administrative appeals and applications for a stay of execution.

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.