The Special Act on the Management of Specific Buildings was promulgated as Law No. 21820 on June 16, 2026, and according to the special provisions, it will be enforced from December 17, 2026, 6 months after promulgation. The effect lasts for 18 months from the date of enforcement, and buildings for which notifications are received within that period will continue to be subject to this Act after the period ends.
The applicable buildings are residential specific buildings that were practically completed as of December 31, 2023. Specific buildings refer to buildings constructed without a permit or notification, buildings that have undergone major renovations without a permit or notification, buildings that received a permit but not a certificate of occupancy, and buildings that have changed their use without a permit or notification. More than half of the total floor area must be residential, and the scale criteria are as follows:
- Multi-family housing: 85 square meters or less per unit (including unapproved extensions)
- Detached house: 165 square meters or less. Buildings exceeding 165 square meters but not exceeding 330 square meters are subject to the relevant local government ordinance.
- Multi-family house: 660 square meters or less
- Buildings among the above that received a permit for neighborhood commercial facilities and have been used as housing since before December 31, 2023
Sites for urban and military planning facilities, road access areas, and conservation forests are excluded from application, and buildings built before the designation of development restriction areas and military facility protection areas are recognized as exceptions. Buildings that received a certificate of occupancy under the previous Special Act and have not undergone changes in ownership are also excluded.
## Notification Procedure and Certificate of Occupancy Standards
Building owners or holders of title must report to the mayor, military district officer, or ward office, attaching the design documents and field survey report. The reporting period is stipulated by presidential decree, but the enforcement decree has not yet been promulgated. You must reconfirm the reporting period once the enforcement decree is released.
Upon receiving the report, the mayor, military district officer, or ward office must, after deliberation by the architectural committee, issue a certificate of use within 30 days from the date of receipt if it meets the criteria. The main criteria are as follows:
- It must be land owned by the applicant or land for which usage has been permitted. In the case of changes to the common areas of a condominium, proof of management association resolution must be provided.
- It must not violate the relationship between the land and the road (the minimum road width is considered to be 3 meters), building lines, and must not significantly impede structural safety, hygiene, fire prevention, or sunlight rights.
- In cases where the number of households or families has increased, the regulations related to evacuation, fire prevention, and fire facilities standards must also be met.
- There must be no overdue fines or enforcement fees. However, a certificate of use may be granted on the condition that all are paid within one year.
## Fines and Enforcement Fees Standards for Incheon
There's an important point to keep in mind regarding costs. A fine equivalent to five times the enforcement fee calculated according to Article 80 of the "Building Act" will be imposed on buildings that have never been subject to an enforcement fee. If the fine is less than five times, the fine is the amount remaining after subtracting the already paid enforcement fee from the five times amount.
The enforcement fee is imposed after first notifying in writing (Article 79 and Article 80 of the Building Act) that the corrective order has not been complied with. For buildings constructed without a permit, the amount is calculated by multiplying the standard market value per square meter by 50% and the area of violation; for buildings constructed without notification, the ratio of 70% is applied (Article 115-3 of the Enforcement Decree). The Incheon Metropolitan City Building Ordinance adds the following criteria:
- For residential buildings with a total floor area of 60 square meters or less, half of the calculated enforcement fee is imposed.
- The number of enforcement fee imposition is once a year.
- To receive a reduction, the correction must be completed within 2 years from the date of the initial corrective order.
Reasons for reduction include changes in ownership after the violation, difficulty in correction during the lease period due to the presence of a tenant, an area of violation of 30 square meters or less (excluding collective buildings), and violations that were discovered later from the time of the usage permit, and may be reduced within the range of 75% (Article 80-2 of the Building Act, Article 115-4 of the Enforcement Decree). New imposition stops immediately upon correction, but already imposed amounts will be collected.
## Documents to Prepare and Points to Check Before Application
Before filing a report under the Special Measures Act, gathering the following documents beforehand will allow you to quickly determine your eligibility.
- Building Information Certificate & Land Information Certificate (to confirm violations and area)
- Order for Correction, Enforcement Order Notice, or Assessment Notice
- Design Documents and Field Survey Report prepared by an architect (required attachments)
- Proof of land ownership or permission to use, and for multi-family buildings, proof of management association resolution
- Documents demonstrating completion before December 31, 2023, and residential use
When correcting issues by obtaining new permits for extensions or changes of use, the Incheon Metropolitan City Building Ordinance Appendix 1 permit fees apply. For detached houses with a total floor area of less than 200㎡, the fee is 4,000 won, and for other buildings, it is 9,400 won. For detached houses between 200㎡ and 1,000㎡, the fee is 6,000 won, and for other buildings, it is 20,000 won. Design changes (including changes of use) are calculated based on the area being changed and paid with revenue stamps.
If the target is not subject to the Special Measures Act or it is difficult to meet the requirements, it is possible to restore the original condition or to correct the issue by obtaining a new extension or change of use permit or notification. If you receive a notice, the first step is to express your opinion with the reasons for reduction and the facts, and if you have reasons to dispute the assessment, consider an administrative review. Whether or not a certificate of occupancy is granted is determined by the review of the competent authority, and the service fee will be provided after consultation.
Hwang Yun-sang Administrative Agent Office handles preliminary checks for eligibility under the Special Measures Act, preparation of application forms and attachments, drafting and submission of opinions at the enforcement notice stage, and drafting and submission of administrative review petitions for assessments. The cost will be provided after consultation following a confirmation of the building's condition.
*This article is an administrative trend guide compiled by Hwang Yun-sang Administrative Agent Office based on publicly disclosed laws and ordinances. As the enforcement decree has not yet been promulgated, the notification period and other details may change, and individual verification is required for each case.*