Ministry of Legislation: "New Housing Cooperatives Allowed After Completion of Redevelopment Projects"

Introduction to Two Legal Interpretations on Urban and Housing Laws

Sejong Special Self-Governing City Legislation Office Building. Photo by Hyunmin Kim kimhyun81@

[Sejong=Asia Economy Reporter Moon Chaeseok] A legal interpretation has been issued stating that the continued registration of a housing cooperative in a redevelopment zone, after the redevelopment project has been completed and the zone has been lifted, does not constitute a reason to restrict the approval of a newly established remodeling housing cooperative. It is expected that the threshold for establishing housing cooperatives and promoting remodeling will be lowered.

The Ministry of Government Legislation disclosed on the 30th legal interpretations regarding two frequently inquired urban and housing-related laws.

According to the Ministry, the restriction on the approval of housing cooperative establishment under the Enforcement Decree of the Housing Act is intended to prevent harm to members caused by delays or suspensions of projects due to multiple redevelopment projects being pursued simultaneously.

However, it was judged that the continued registration of a cooperative from a completed redevelopment project does not necessarily hinder the implementation of a remodeling housing cooperative project that is newly established.

Furthermore, the Ministry interpreted that when consulting to consider the approval of a housing construction business plan as equivalent to the decision of a district unit plan, the mayor or governor does not necessarily have to undergo joint deliberation by both the architectural committee and the urban planning committee. This is expected to simplify administrative procedures.

The Act on the Planning and Use of National Territory does not explicitly require administrative agencies to be bound by the results of joint deliberations or to undergo joint deliberations when granting permits or approvals. Joint deliberation is considered merely one of the procedures for deciding district unit plans.

Director Lee Gangseop stated, "There are cases where citizens' rights are restricted despite the absence of clear legal grounds," adding, "The Ministry of Government Legislation will continue to actively review citizens' requests regarding legal interpretations and interpret laws in ways that expand public convenience, and plans to introduce such cases."

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