How to Apply for a Land Transaction Contract Permit

Procedure

Procedure

1. 01

   1. Check the permit zone and the threshold area — Check the designation notice for the zone boundaries and whether specific persons, uses or land categories are subject to the permit. Threshold areas are 60㎡ in residential areas, 150㎡ in commercial and industrial areas, 200㎡ in green areas and 60㎡ in urban areas without a use zone designation, and 250㎡ outside urban areas (500㎡ for farmland and 1,000㎡ for forest land); the designation notice may set a different threshold between 10% and 300% of the standard area. Even if land is split or divided into co-ownership shares after the zone is designated so that it falls below the threshold, the first transaction after the split still requires a permit, and buying parts of a single tract within 1 year is treated as a transaction of the whole tract.

2. 02

   2. Match the intended land use with the permit criteria — The permitting authority checks whether the purpose falls under Article 12 of the Act, such as land for one's own residential housing, farming by farmers in the permit zone, welfare or convenience facilities for local residents, public works, or a business already operated in the area. A purpose that does not conform to the urban or county plan, that threatens serious harm to the ecosystem or living environment, or an area that is excessive for the purpose is a ground for refusal. The buyer's address and length of residence, farmer status and business record are organized first to decide which purpose to apply under.

3. 03

   3. Prepare the land use plan and the fund procurement plan — The land use plan states the development and use plan for the land, such as construction or change of land form (including a schedule with start and completion dates), and an approximate breakdown of the required funds, and the construction start date must be set within 2 years from acquisition. For farmland that requires a farmland acquisition qualification certificate, a farm management plan is submitted instead of the land use plan. The land acquisition fund procurement plan (Form No. 10) separates own funds, such as deposits, proceeds from selling stocks or bonds, gifts or inheritance and proceeds from selling real estate, from borrowings such as bank loans, and the total is checked against the expected contract price.

4. 04

   4. Joint application and the permit or refusal decision — The seller and buyer jointly submit the land transaction contract permit application (Form No. 9) with the land use plan and fund procurement plan to the city, county or district where the land is located. There is no application fee, and after an investigation including site photographs, the authority issues a permit certificate or gives written reasons for refusal within 15 days. If no notice is given within that period, the permit is deemed granted on the day after the period ends, and a person refused a permit may file an objection or a claim for the purchase of the land within 1 month.

5. 05

   5. Use obligations after the permit and fact-finding surveys — Land for one's own residential housing, farming or welfare facilities must be used for the permitted purpose for 2 years from acquisition, land for public works or regional development projects for 4 years, and land for other purposes for 5 years. The permitting authority conducts a fact-finding survey at least once a year, and when a violation is found it issues an order to perform with a period of up to 3 months and then imposes a charge for compelling compliance every year until compliance: 10% for leaving land unused, 7% for leasing it out, 5% for changing the purpose without approval and 7% for other violations. If the purpose must change, approval from the permitting authority is obtained in advance, and an objection to a charge for compelling compliance is filed within 30 days from notice.

Filing route

Filing route

Deadlines & processing notes

Deadlines & processing notes

Fees & official charges

Fees & official charges

Included in the basic fee — Initial document review, required-document guidance, basic form preparation, one filing support and one ordinary supplement.

Conditional success fee — For this service, any conditional success fee may be separately agreed within the lawful service scope and stated in a written engagement agreement. No outcome is guaranteed.

Displayed amounts are starting estimates, not statutory or standard rates. The final fee is confirmed after consultation and document review in the engagement agreement. Government fees and actual expenses may change.

Basic documents

Basic documents

Because a land transaction contract concluded without a permit has no effect, the schedule for the down payment and balance should allow for the 15-day processing period and any supplement period. If the land acquisition fund procurement plan changes, the changes may be submitted to the permitting authority until the registration date of the acquired land, so changes in loan amounts or own funds should be organized before registration.