Gyeonggi Provincial Administrative Appeals Commission: "Loss of Effectiveness of Building Report Without Prior Notice Constitutes Procedural Violation"

[Asia Economy (Suwon) = Reporter Lee Young-gyu] An administrative trial decision has been made that an administrative agency's disposition to invalidate a building report without giving the building owner an opportunity to submit opinions is a procedural violation.

The Gyeonggi-do Administrative Appeals Commission recently ruled in favor of petitioner A in the 'Cancellation Request for Notice of Building Report Invalidity' filed against Mayor B of B-eup, stating that "Mayor B's notice of invalidity is illegal."

Petitioner A submitted building reports to B-eup in May and July 2019 for the new construction of six detached houses and two neighborhood living facilities, respectively.

B-eup, upon A's failure to commence construction within one year of the building report, collectively processed A's building reports as invalid in the Building Administration System (Seumteo) in July 2021.

After confirming the invalidation of the building reports, A filed a complaint with B-eup stating, "I have never received the disposition details regarding the invalidation of the building report," but B-eup replied, "In the case of building report invalidity, unlike cancellation related to building permits, it is not subject to prior hearing or disposition notification."

Accordingly, A filed an administrative appeal requesting the cancellation of the notice of building report invalidity.

The Gyeonggi Administrative Appeals Commission judged that since starting construction would subject A to corrective orders, enforcement fines, and other disadvantages, the invalidation of the building report constitutes a disposition restricting rights and interests. Therefore, failing to provide an opportunity to submit opinions through prior notification or hearing procedures under the Administrative Procedures Act is a procedural defect in the notice of building report invalidity.

Choi Hyun-jung, the Gyeonggi-do Administrative Appeals Officer, explained, "The current Building Act does not include a provision requiring prior notification, so similar cases may occur again at frontline administrative offices. Since the Administrative Procedures Act must be followed unless explicitly stated in individual laws, procedures such as prior notification and opportunities to submit opinions should be established for reporters in the future."

This content was produced with the assistance of AI translation services.