📌 3-Line Summary
- This is a case of a newlywed couple who received a notice of pre-order for correction of illegal construction just three months after purchasing an old building.
- During a one-hour consultation, we organized advice and consultation regarding the deadline for submitting opinions, documents to be verified, and the handling direction for each structure.
- The rooftop storage was voluntarily demolished, and the expanded kitchen was legalized through building permit application to remove the violation mark.
Table of Contents
- Deadline and Content Written in the Correction Order Notice
- Reason Why the Answers Found Alone Were Different
- Four Things Confirmed in the Consultation
- Reason for Differently Handling the Two Structures
- Opinion Submission Form and What Happened After
- What to Do If You Received a Similar Notice
To begin with, the rooftop storage of that house has disappeared, and the kitchen remains as is. Just a month and a half ago, both couples thought they had to demolish it.
1. Deadline and Content Written in the Correction Order Notice
The client was a woman in her late twenties working as a kindergarten teacher. Her husband works as a delivery driver. The couple purchased an old detached house in the downtown area with a loan, timed to coincide with their lease expiration. The first floor was for their living space, and the second floor was rented out to accommodate the loan interest payments.
Three months after moving in, they received a “Pre-Notice of Order to Rectify Illegal Construction” from the district office. It stated that the sandwich panel warehouse on the roof and the expanded kitchen on the back of the first floor were not registered in the building registry. The notice also stated that a corrective payment could be imposed if the violations were not rectified within the specified timeframe.
The couple was worried about more than just the fine. They had heard that if an illegal construction notation appeared in the building registry, the second-floor tenant might be blocked from obtaining lease insurance. If the tenant leaves, their interest payment plan will collapse.
2. Why the answers each person found alone were different
The client first called the seller. The response was, “It’s been fine for over 20 years, why are you doing this to me?” They also called the relevant department at the district office and received a brief response: “You can demolish it.”
The official’s answer isn’t wrong. The field department’s job is to confirm violations and guide restoration. However, it didn’t address whether there’s an alternative to demolition, what the deadline is, or what steps to take.
On an online cafe, there were mixed responses such as “demand demolition costs from the seller,” “just hold on,” and “absolutely legalize it.” The reason for the different answers is simple: each house has different floor area ratio, structure, and violation period.
3. Four Things Confirmed in the Consultation
You had already received the notification photo via email as scheduled for Saturday morning. The consultation was divided into four points in order.
- ① Deadline Confirmation 📅: Prior notification is a procedure to give an opportunity to express an opinion before a measure is taken (Article 21 and Article 22 of the Administrative Procedure Act). There were eleven days remaining until the opinion submission deadline written in the notification. This means there is time before it must be demolished.
- ② Document Verification: We agreed to view the building ledger, special clause of the sales contract, and old aerial photographs together.
- ③ Direction per Structure: We agreed to consider the two structures separately, not as one entity.
- ④ Order of Proceeding: We agreed to submit the opinion submission document first, and then proceed with measures such as demolition and reporting for each structure. Hwang Yunsang Administrative Agent Office is responsible for drafting and submitting the opinion submission document and preparing the reporting documents (Article 2 of the Administrative Agent Act).
The client said, “I wanted to get demolition bids first.” It’s not too late to get bids after determining the direction.
4. Reason for Differently Handling the Two Structures
Looking at aerial photographs year by year, the kitchen extension had been in place since the seller owned the property, and the rooftop storage was added later. Upon reviewing the blueprints, this lot has room for building coverage ratio, so the kitchen area can be added to the ledger through structural reinforcement and blueprint preparation.
The rooftop storage was a different matter. Because it was made of panel materials, the reinforcement cost was greater than the value of the storage, and its use was limited to storing items. The couple decided to demolish the storage and legalize the kitchen.
There was a small incident on the demolition day. Six kimjang bowls left by the previous owner were found inside the storage. The client didn’t want to throw them away, so they were placed on the curb, and within an hour, neighborhood seniors took them one by one. 🙂
5. Opinion Submission and What Followed
The opinion submission included three items: a schedule for the voluntary demolition of the rooftop storage, a plan and drawing schedule for the partial kitchen extension report, and a request to extend the correction period for the duration needed to prepare the report. No sentences denying the violation were included. Acknowledging the facts and showing a specific correction plan is more persuasive.
The district office extended the correction period. We submitted photos after the demolition of the storage and completed the extension report with the drawings for the kitchen. After the report was approved, the building ledger was finalized, and the violation mark was removed. It took a month and a half from receiving the notification.
The second-floor tenant renewed the lease that winter.
6. If You Received a Similar Notification
- ① Opinion Submission Deadline of the notice is marked on the calendar.
- ② The building ledger and special clauses of the sales contract are checked first.
- ③ If there are multiple violations, they are judged one by one separately.
- ④ Whether legalization is possible is first checked with requirements such as floor area ratio and purpose, and drawings.
- ⑤ Requirements vary depending on the case, so individual verification is necessary.
Administrative consultation and advice is not about making conclusions for you. We organize and provide information on deadlines, possible measures, and inquiries to the relevant department. We receive similar inquiries not only from Yeonsu, Incheon, but also from all over Incheon. 🏠
Whether legalization is possible according to the Special Act on Special Measures for Specific Buildings, which will be enforced on December 17, 2026, is summarized in Application Method and Eligibility Requirements for Legalization of Illegal Buildings.
This is a story composed to aid understanding.
Administrative Agent in Incheon·Songdo Administrative Agent, Hwang Yunsang Administrative Agent Office. We consult on permits, civil petitions, administrative appeals, and immigration matters in Songdo, Yeonsu, Incheon. Feel free to leave an inquiry if you are in a similar situation. 📞
