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Building administration

Charges for Compelling Compliance on Illegal Buildings in Korea: Opinion Submission and Administrative Appeal — Explaining at the Warning Stage, 75% Reduction, 90-Day Appeal Deadline

The permitting authority issues a correction order for a building that violates the Building Act and, if the order is not carried out within the correction period, imposes a charge for compelling compliance after giving advance written warning (Building Act, Article 79 and Article 80(3)). At the warning and prior notice stage, you can use an opinion submission to explain the violation, the calculation basis, and reduction grounds such as a change of ownership or tenants (Enforcement Decree of the Building Act, Article 115-4), and after imposition you can file an administrative appeal within 90 days of learning of the disposition (Administrative Appeals Act, Article 27).

Written by Hwang Yunsang, Administrative Agent · Published 2026-10-25 · Updated 2026-10-25

Procedure

Procedure type
  • Appeal Difficulty High

    Submitting an opinion, objection or administrative appeal against a disposition or decision already made, or applying for damage relief or dispute mediation. The reviewing body decides after examining the facts and the law, so preparing supporting evidence is important.

We review options for correcting unauthorized buildings and prepare correction plans, completion reports, written opinions and application documents. The special act on specified buildings takes effect on 17 December 2026. Before that date, our service covers eligibility review and document preparation. Statutory filing is a separate procedure, subject to the actual filing requirements after the act takes effect.

Scope & fee
Preliminary assessment
We will review the status of 1 building, completion date, and technical data for possible maintenance and application of special laws, and issue the results of consultations with related organizations. It does not include filing of court applications, architectural design, or technical diagnosis. 1 office visit is included.
Preparation of violation building correction implementation plan and deadline extension request form
We will review 25 pages of status, process, and technical data for 1 building and 1 municipal notice and prepare a 3-page implementation plan and 1-page request for period adjustment. Acceptance of the request is determined by the management office and does not include design, safety diagnosis, or construction. It does not include in-office submissions.
Official fee source ↗
Report on completion of correction of violations and request for organization of building register markings
We will review 20 pages of completed photos, technical confirmation, and drawing materials for 1 building building and prepare a 2-page completion report and 1 type of request for clearing violation marks. The government office confirms and decides whether corrections have been completed and the ledger is organized, and technical confirmation, construction, and field inspection are separate. It does not include in-office submissions.
Official fee source ↗
Preparation of opinions on corrective orders and enforcement fines in advance
We will review 30 pages of violation facts, area, period, and imposition data for 1 building and 1 prior notice and prepare 5 pages of opinion and submission materials. administrative appeal after technical judgment, appraisal, field investigation, and disposition is separate. It does not include in-office submissions.
Official fee source ↗

  1. 1. Check the correction order and the building register

    The permitting authority may order the owner, manager, occupant or other responsible persons of an illegal building to correct it within a reasonable period, such as by demolition, restoration or change of use, and records the violation in the building register when it issues a correction order (Building Act, Article 79(1) and (4)). Check the violating portion, violation area, legal basis and correction period in the correction order, and compare the violation entry in the building register with the actual condition of the building.

  2. 2. Submit an opinion when you receive a warning or prior notice

    Before imposing a charge for compelling compliance, the authority must give written warning that it will impose and collect the charge (Building Act, Article 80(3)). A disposition imposing an obligation is preceded by prior notice, and the deadline for submitting an opinion must be set at 10 days or more (Administrative Procedures Act, Article 21); opinions may be submitted in writing, orally or online with supporting evidence attached (Article 27). If you do not submit by the deadline you are deemed to have no opinion (Article 27(4)), so organize the time of the violation, your correction plan and reduction grounds and submit them at this stage.

  3. 3. Review the calculation basis, reductions and surcharges

    For construction without a permit or exceeding the building coverage or floor area ratio, the charge is 50% of the standard market value per square meter multiplied by the violation area and a rate by violation type (100% for construction without a permit, 70% for construction without a report, etc., which an ordinance may lower to as little as 60%); for a change of use without a permit or report it is 10% of the standard market value of that portion, and for use without use approval it is 2% (Building Act, Article 80(1); Enforcement Decree, Article 115-3 and Annex 15). For residential buildings with a total floor area of 60 square meters or less, an amount set by ordinance within one half is imposed, and a change of ownership after the violation, difficulty correcting due to a tenant, and a violation area of 30 square meters or less in detached houses, multi-unit housing or neighborhood facilities (excluding aggregate buildings) are among the grounds for a 75% reduction; if a residential building of 60 square meters or less has a reduction ground, 50% of the ordinance amount is reduced (Enforcement Decree, Article 115-4). Violations for profit or repeated violations are surcharged within 100%, but cases where ownership changed after the violation are excluded from the surcharge (Act, Article 80(2); Enforcement Decree, Article 115-3(2)).

  4. 4. Check the time of the violation and transitional provisions in amendment addenda

    The charge provisions of the 2015, 2020 and 2024 amendments of the Building Act apply to charges imposed after they took effect, so in principle the rules in force at the time of imposition apply (Article 2 of each amendment's addenda). However, the addenda of the Enforcement Decree amendments promulgated on December 30, 2011 and December 12, 2012 apply the previous Annex 15 to buildings that had already undergone major repairs by extension or demolition without a report or permit when those amendments took effect, and Article 3 of the addenda of the April 23, 2019 amendment applies the previous rules to charges already being imposed before then. Check when the violation occurred using aerial photographs, the building register and sale records, and if the imposition did not reflect a transitional provision, state this in your opinion submission or appeal grounds.

  5. 5. File an objection or administrative appeal after imposition

    The imposition document must state the amount, reason, payment deadline, and the method and body for raising objections, and the payment notice must also state the objection method and period (Building Act, Article 80(4); Enforcement Rule, Article 40-2). You may file an objection with the disposing authority within 30 days of receiving the disposition (Framework Act on Public Administration, Article 36), and an administrative appeal must be filed within 90 days of learning of the disposition and within 180 days of the disposition, with dispositions of a mayor, county head or district head reviewed by the city or provincial administrative appeals commission (Administrative Appeals Act, Article 6(3) and Article 27). Filing alone does not suspend the payment obligation, so apply for a stay of execution together if necessary (Article 30).

Required documents

  • Opinion Submission Form (Enforcement Rule of the Administrative Procedures Act, Annex Form No. 11)
  • Administrative Appeal Petition (Enforcement Rule of the Administrative Appeals Act, Annex Form No. 30)
  • Application for Stay of Execution (Enforcement Rule of the Administrative Appeals Act, Annex Form No. 33, if payment enforcement needs to be stopped)
  • Correction order, warning notice or prior notice of the charge, and the imposition notice
  • Building register (including the illegal building entry) and photographs of the violating portion
  • Records showing the time of the violation (aerial photographs, construction-related contracts, sale contract and certified copy of the register showing when ownership changed)
  • Lease contract (if a tenant makes correction difficult during the lease period)
  • Records of completed or planned correction (restoration photographs, receipt of an extension or change-of-use permit or report)

Fees

Administrative service fee
  • Preliminary assessment from KRW 500,000
  • Preparation of violation building correction implementation plan and deadline extension request form from KRW 500,000
  • Report on completion of correction of violations and request for organization of building register markings from KRW 400,000
  • Preparation of opinions on corrective orders and enforcement fines in advance from KRW 500,000
All administrative service fees exclude 10% VAT.

Out-of-pocket costs such as fees for issuing the building register and the certified copy of the register needed for the opinion submission and administrative appeal are separate. Our office fee starts from the amount shown above and may vary depending on the type and area of the violation, the imposition history and the scope of addenda review, and whether a stay of execution is filed; we will give you an exact quote after reviewing your documents.

See fees and official charges for this service →

Legal basis and review date

  • Building Act, Article 79
  • Building Act, Article 80
  • Building Act, Article 80-2
  • Building Act, Addenda (Act No. 13471, 2015), Article 2
  • Building Act, Addenda (Act No. 16380, 2019), Article 3
  • Building Act, Addenda (Act No. 17606, 2020), Article 2
  • Building Act, Addenda (Act No. 20424, 2024), Article 2
  • Enforcement Decree of the Building Act, Article 115-2
  • Enforcement Decree of the Building Act, Article 115-3
  • Enforcement Decree of the Building Act, Article 115-4
  • Enforcement Decree of the Building Act, Annex 15
  • Enforcement Decree of the Building Act, Addenda (Presidential Decree No. 23469, 2011), Article 6
  • Enforcement Decree of the Building Act, Addenda (Presidential Decree No. 24229, 2012), Article 9
  • Enforcement Rule of the Building Act, Article 40-2
  • Administrative Procedures Act, Article 21
  • Administrative Procedures Act, Article 27
  • Framework Act on Public Administration, Article 36
  • Administrative Appeals Act, Article 6
  • Administrative Appeals Act, Article 27
  • Administrative Appeals Act, Article 30

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

  • Even if you carry out the correction order, charges already imposed are collected (Building Act, Article 80(6)), and the reduction is not available if the violation is not corrected by the period set by ordinance (Article 80-2(1)), so decide early on a correction method such as restoration or a permit or report along with the opinion submission.
  • The 90-day appeal period is peremptory and filing alone does not suspend the payment obligation (Administrative Appeals Act, Articles 27 and 30), so when you receive the notice, check the payment deadline and the appeal deadline first.

Frequently asked questions

I received a warning notice for a charge for compelling compliance. Will an opinion submission reduce the amount?
It may be reduced if there are reduction grounds or calculation errors, and the permitting authority decides whether to reduce it. A change of ownership after the violation, difficulty correcting due to a tenant, and a violation area of 30 square meters or less are grounds for a 75% reduction (Enforcement Decree of the Building Act, Article 115-4), and for residential buildings of 60 square meters or less an ordinance amount within one half applies (Building Act, Article 80(1)). However, if the violation is not corrected by the period set by ordinance, the reduction does not apply (Article 80-2(1)).
The illegal extension was made by the previous owner. Does the current owner have to pay the charge?
The current owner can also be subject to the correction order and the charge. This is because a correction order may be issued not only to the builder but also to the owner, manager or occupant (Building Act, Article 79(1)). However, a change of ownership after the violation is excluded from the surcharge for profit or repeated violations and is a ground for a 75% reduction (Enforcement Decree, Article 115-3(2) and Article 115-4), so explain this with records of when you purchased the property.
How many times can a charge for compelling compliance be imposed on an illegal building?
It can be imposed repeatedly until the violation is corrected. Based on the date of the first correction order, it is imposed up to the number of times set by ordinance within twice a year, and once the correction order is carried out new impositions stop immediately, but charges already imposed are still collected (Building Act, Article 80(5) and (6)).
The violation is old but the charge was imposed at the current rate. Can I challenge it?
You can challenge it if a transitional provision applies in the amendment addenda. The addenda of the 2011 and 2012 Enforcement Decree amendments apply the previous calculation standard to buildings that had already undergone major repairs by extension or demolition without a permit or report when the amendments took effect, and the addenda of the April 23, 2019 amendment apply the previous rules to charges already being imposed before then. Other amendments apply the new rules to charges imposed after they took effect, so the time of the violation and the addenda of the relevant amendment must be checked together.
What is the deadline for an administrative appeal against a charge for compelling compliance?
It must be filed within 90 days of learning of the disposition and within 180 days of the disposition (Administrative Appeals Act, Article 27). If you filed an objection with the disposing authority, you may file an administrative appeal within 90 days of being notified of the result (Framework Act on Public Administration, Article 36(4)). The 90-day period is peremptory and cannot be extended, so keep a record of the date you received the notice.
If I file an administrative appeal, do I not have to pay the charge?
Filing alone does not suspend the payment obligation. An appeal does not affect the effect or execution of the disposition (Administrative Appeals Act, Article 30(1)), so if payment enforcement needs to be stopped you must also apply for a stay of execution. If you do not pay by the deadline, the charge is collected under the Act on the Collection of Local Administrative Sanction Charges (Building Act, Article 80(7)).
Can an administrative agent handle an opinion submission or administrative appeal on the charge?
Yes. Hwang Yunsang Administrative Office reviews the calculation basis and whether reductions or transitional provisions apply using the correction order, warning notice and building register, and prepares and submits the opinion submission on your behalf. After imposition, we prepare and submit the administrative appeal petition and the application for stay of execution on your behalf; whether the charge is reduced or cancelled is decided by the permitting authority and the administrative appeals commission.

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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.

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📍 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.