The “Special Act on the Settlement of Specific Buildings” (Act No. 21820) will take effect on December 17. In my post on September 27, while summarizing the eligibility requirements, I noted that “the reporting period must be re-verified once the enforcement decree is released.” On September 30, the Ministry of Land, Infrastructure and Transport announced the legislative notice for the draft enforcement decree (Ministry of Land, Infrastructure and Transport Notice No. 2026-1241). The reporting period, required documents, and fire safety standards, which the Act had left to be determined by the enforcement decree, have now been specified with numerical values for the first time.
1. Reporting Period and Required Documents
Reporting Period (Draft Article 4): It is from December 17, 2026, to June 16, 2028. The Enforcement Decree is also only valid until June 16, 2028, and buildings for which reports were received before that date will be subject to this Enforcement Decree even after the period ends (Addenda Articles 2 and 3).
Documents to be Submitted (Draft Article 6): The following documents must be attached to the “Report Form for Specific Buildings (Annexed Form No. 1)” and submitted to the Mayor, County Governor, or Head of Gu.
- Design documents prepared by an architect (site plan, floor plan, elevation, section)
- Field investigation report prepared by an architect (Annexed Form No. 2)
- Documents proving the scope of the land and the ownership or right to use said land
For buildings constructed without a permit or report, the entire building must be documented; for buildings that received a permit but were constructed differently, only the parts constructed differently from the drawings at the time of permit/report must be documented. The processing period in the report form is 30 days, and the report includes sections to record the type of violation (new construction, extension, major repair, change of use, etc.), the floor area of violation by floor, and the number of times, amount, and paid amount of the enforcement fine.
Cases Where a Public Official Writes the Field Investigation Report on Behalf (Draft Article 5): For buildings included in national policy projects, such as living environment improvement projects under the “Agricultural and Fishing Villages Improvement Act” or disaster recovery projects under the “Natural Disaster Countermeasures Act,” the field investigation report prepared by the Mayor, County Governor, or Head of Gu may substitute for the report.
2. Standards for Buildings with No Firefighting Obstruction: 30m Road · 20m Fire Hydrant
The law allows for the legalization of buildings that violate “Building Act” standards, such as the relationship between land and roads, if they are recognized as not causing any hindrance to firefighting. Article 7 of the Enforcement Decree stipulates that the Mayor, County Governor, or Head of Gu may recognize such cases if they meet one of the following criteria after consultation with the Fire Station Chief:
- A building where the whole or part of the structure is located within 30m from the boundary of a road with a width of 4m or more
- A building where the whole or part of the structure is located within 20m of a fire hydrant installed on other facilities, etc.
- A building on land adjacent to open spaces where construction is not permitted, such as parks, rivers, plazas, children’s playgrounds, public open spaces, or green zones
If you have a house where the road access requirement was the issue, such as in a dead-end alley, the first step is to re-examine these distance criteria on a map.
3. Areas Excluded from Eligibility, Conditional Use Approval
Habitual Disaster Areas / Environmental Improvement Areas (Draft Article 3): Specific buildings within these areas are excluded from special measures. The Mayor, County Governor, or Head of District designates these areas after obtaining consent from the local council, based on the following criteria:
- Habitual Disaster Areas: Areas that have suffered flooding damage at least once in the last 5 years due to floods, tsunamis, high tides, etc., where similar damage is expected; riverbanks with insufficient or non-existent drainage facilities; and areas where collapses have occurred due to poor retaining walls or slopes higher than 5m.
- Environmental Improvement Areas: Areas recognized as needing prevention of environmental pollution or improvement of urban aesthetics and living environments.
Once designated, the area name, location, lot number, and area are announced in public notices and daily newspapers. Since they have not been designated yet, it is necessary to monitor the public notices to see where the competent city, county, or district designates these areas.
Conditional Use Approval (Draft Article 8): If fines or enforcement fines have not been fully paid, a conditional use approval may be issued. In this case, the “condition of full payment of fines/enforcement fines” and the deadline for fulfillment must be clearly recorded in the Building Ledger. This means that if there is an unpaid amount, that condition will remain on the ledger even after the use approval is granted.
Exclusive Area of Multi-Family Housing (Draft Article 2): The legal standard of “exclusive area per household of 85㎡ or less” shall be considered the residential exclusive area calculated in accordance with the 「Housing Act」.
From When and To Whom
- Phase: Legislative Notice, Submission of Opinions 2026. 9. 30. ~ 11. 9. (Ministry of Land, Infrastructure and Transport, Architecture Policy Division)
- Enforcement: From the date of promulgation. It is expected to be promulgated in line with the law’s enforcement date (December 17), but the promulgation date requires ⚠️ original text verification.
- Target: Owners/builders of small-scale residential illegal buildings that were effectively completed as of December 31, 2023, as well as those who purchased or are renting those houses.
What to Prepare Now
- Proof of Completion Timing: Gather materials proving that the building was already constructed as of December 31, 2023 (aerial photos, details of enforcement fines imposed, lease agreements, electricity/water usage records, etc.).
- Organize Enforcement Fine Details: Since the number of impositions, amounts, and paid amounts must be written in the application, preparing notices and payment receipts in advance will speed up the process.
- Verify Land Rights: If the building is on land owned by another person or on state/public land, documents for consent of use (including resolutions under the Act on Ownership and Management of Aggregate Buildings) are required.
- Check Road and Fire Hydrant Distance: If the building lacks road access requirements, first check if it falls within the standards of a 4m road within 30m and a fire hydrant within 20m.
Administrative Agent Office Services
Hwang Yunsang Administrative Agent Office handles preliminary inspections for eligibility under the Special Act on Measures for Specific Buildings, preparation of the Special Act on Specific Buildings Application and organization of attached documents, and document filing services to Si/Gun/Gu offices. We also proceed with the preparation of written opinions regarding enforcement fine impositions and administrative appeal requests. You can check the eligibility requirements in Special Act on Measures for Legalization of Illegal Buildings — Eligibility, Procedures, and Costs.
Summary
- The reporting period for the legalization of illegal buildings is from December 17, 2026, to June 16, 2028 (Enforcement Decree Draft).
- The application, along with design documents/site investigation reports prepared by an architect and documents proving land rights, must be submitted to the Si/Gun/Gu office.
- Buildings within 30m of a 4m road and 20m of a fire hydrant may be recognized as having no fire safety hindrance, and unpaid fines or enforcement fines will be recorded as conditions in the building ledger.
This post is an administrative trend guide organized by Hwang Yunsang Administrative Agent Office based on publicly available data. Verification with the competent authorities is required to determine the applicability to individual cases.