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Laws of the Republic of Korea |
[Effective Apr. 21, 2009] [Presidential Decree No. 21445, Apr. 21, 2009, amended by other laws]
The Minister of Land, Transport and Maritime Affairs (Housing Redevelopment Division) 02-2110-6240
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree shall be to prescribe matters delegated by the Special Act on the Promotion of Urban Renewal and matters necessary for the enforcement thereof. CHAPTER II DESIGNATION OF REGENERATION PROMOTION
DISTRICTS
Article 2 (Matters Included in Required Attachments to Application for Designation of Regeneration Promotion District)
"Any other matters as prescribed by the Presidential Decree" as set forth in Article 4 (2) 8 of the Special Act on the Promotion of Urban Renewal (hereinafter referred to as the "Act") shall refer to the following:
1. The category of the regeneration promotion district;
2. The target year of completion for a renewal promotion project to be implemented within the regeneration promotion district;
3. Any data supporting the necessity for the promotion of renewal for the applicable regeneration promotion district, including but not limited to: inner city area, suburban center, community hub, or any other spatial status represented by the regeneration promotion district; the characteristics of the regeneration promotion district; and the characteristics of neighboring areas; and
4. Any other matters as prescribed by the municipal ordinance of the Seoul Metropolitan Government, metropolitan government, or Do government (hereinafter referred to as the "city or Do government").
Article 3 Public Viewing
If public notice under the main clause of Article 4 (3) of the Act is to be held, the mayor or head of Gun or Gu (autonomous Gu; hereinafter the same shall apply) shall, in advance, publish the summary and place of the public notice in the official gazette and website of the applicable local government and maintain relevant documents available at the place of public viewing.
Article 4 (Non-Material Modification of Regeneration Promotion District) (1) "Such non-material matters as prescribed by the Presidential Decree" as set forth in the proviso of Article 4 (3) of the Act shall refer to any of the following:
1. Modification limited to less than ten percent of the size of the regeneration promotion district;
2. Modification limited to no more than five years of the target year of completion for a renewal promotion project to be implemented within the regeneration promotion district;
3. Any modification made to correct simple errors in land size etc.; or
4. Any other matters as prescribed by the municipal ordinance of the city or Do government.
(2) "Such non-material matters as prescribed by the Presidential Decree" as set forth in the latter part of Article 5 (1) of the Act shall refer to any of the following:
1. Modification limited to less than ten percent of the size of the regeneration promotion district; provided, however, that any modification resulting in a change of no less than five percent but less than ten percent shall require a review by the City/Do Urban Planning Committee under Article 113 of the National Land Planning and Utilization Act (hereinafter referred to as the "City/Do Urban Planning Committee") or the Urban Regeneration Committee under Article 34 of the Act (hereinafter referred to as the "Urban Regeneration Committee").
2. Modification limited to no more than five years of the target year of completion for a renewal promotion project to be implemented within the regeneration promotion district;
3. Any modification made to correct simple errors in land size etc.; or
4. Any other matters as prescribed by the municipal ordinance of the city or Do government.
Article 5 (Publication of Regeneration Promotion District)
If the designation or modification of a regeneration promotion district
is published
under Article 5 (4) of the Act, the Seoul Metropolitan Mayor, any metropolitan mayor,
or Do governor (hereinafter
referred to as the mayor/Do governor) shall publish a
summary of the regeneration promotion district designation, including the
following, as
well as the place where relevant documents and drawings are available for inspection:
1. The name, location, and size of the regeneration promotion district;
2. The category of the regeneration promotion district;
3. The purpose of the designation of the regeneration promotion district;
4. The target year of completion for a renewal promotion project to be implemented
within the regeneration promotion district;
5. A contour map showing the boundaries of the regeneration promotion district; and
6. Matters concerning the designation of an area subject to the permission of land
transactions under the provisions of Article 117
of the National Land Planning and
Utilization Act;
Article 6 (Requirements for Designation of Regeneration Promotion District)
(1) "Where otherwise prescribed by the Presidential
Decree" as set forth in Article 6
(2) 4-2 of the Act shall refer to any area including the present site of a large facility to
be relocated in accordance with a plan of the State or the local government requiring the
renewal of its urban functions. 1. Any metropolitan city or any city with no less than 1,000,000 residents but less
than 1,500,000:
(a) residential: no less than 400,000 square meters;
(b) downtown: no less than 200,000 square meters;
2. Any metropolitan city or any city with less than 1,000,000 residents:
(a) residential: no less than 300,000 square meters;
(b)
downtown: no less than 150,000 square meters;
3. Any area with dilapidated infrastructure where four or more improvement zones
under Article 4 of the Act on the Maintenance and
Improvement of Urban Areas and
Dwelling Conditions for Residents are contiguously located:
(a) residential: no less than 150,000
square meters;
(b) downtown: no less than 100,000 square meters;
4. Any area for which a renewal promotion project is intended to be undertaken by
combining any mountainous or hilly area, or any
other area having substandard housing
conditions and the necessity to protect scenic values with any station area or any other
area where development conditions are relatively favorable:
(a) residential: no less than 150,000 square meters;
(b) downtown:
no less than 100,000 square meters;
Article 7 (Publication of Invalidation Designation of Regeneration Promotion
District, etc.)
(1) The publication of the invalidation or revocation of a regeneration promotion
district designation under Article 7 (3) of the
Act shall include the following:
1. The name, location, and size of the regeneration promotion district;
2. The category of the regeneration promotion district;
3. The purpose of the designation of the regeneration promotion district;
4. The date of invalidation or revocation of the regeneration promotion district
designation; and
5. The reason for the invalidation or revocation of the regeneration promotion
district designation.
(2) If the mayor/Do governor has completed the publication under paragraph (1),
such mayor/Do governor shall submit a report thereon
to the Minister of Land,
Transport and Maritime Affairs as prescribed by the Ordinance of the Ministry of Land,
Transport and Maritime
Affairs.
Article 8 (Matters to Be Included in Renewal Promotion Plan)
"Any other matters as prescribed by the Presidential Decree" as set
forth in Article 9 (1)
15 of the Act shall refer to the following: 1. The overall direction and goals of the improvement of the regeneration promotion
district;
2. Plans for managing and improving intact areas;
3. Plans for designating and modifying zoning districts (if necessary);
4. Any of the following matters applicable to each renewal promotion zone:
(a) matters as set forth in the subparagraphs of Article
4 (1) of the Act on the
Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;
or
(b) matters as set forth in the subparagraphs of Article 5 (1) of the Urban
Development Act.
5. Matters applicable to such criteria for the development of a renewal promotion
plan as separately determined by the Minister of
Land, Transport and Maritime Affairs,
if any; and
6. Any other matters as prescribed by the municipal ordinance of the city or Do
government.
Article 9 (Public Notice and Hearing for Development of Renewal Promotion Plan)
(1) If a public notice under the main clause of
Article 9 (2) of the Act is to be held,
the mayor or head of the Gun or Gu shall, in advance, publish the summary and place of
the public notice in the official gazette and website of the applicable local government
and maintain relevant documents available
at the place of public viewing.
(2) If the mayor or head of the Gun or Gu intends to hold a public hearing under the
main clause
of Article 9 (2) of the Act, such mayor or head shall publish the following
in a daily newspaper of general circulation distributed
nationwide or primarily in the
applicable region at least once no later than fourteen days prior to the scheduled date of
the hearing.
1. The purpose of the public hearing;
2. The date, time, and place of the hearing;
3. An overview of the renewal promotion plan; and
4. Any other necessary matters.
Article 10 (Non-Material Modification of Renewal Promotion Plan)
(1) "Such non-material matters
as prescribed by the Presidential Decree" as set forth
in the proviso of Article 9 (2) of the Act shall refer to any of the following:
1. Matters as set forth in the subparagraphs of Article 12 of the Act on the
Maintenance and Improvement of Urban Areas and Dwelling
Conditions for Residents
(limited to any renewal promotion project that also falls within the scope of an
improvement project under
the Act on the Maintenance and Improvement of Urban
Areas and Dwelling Conditions for Residents);
2. Matters as set forth in the subparagraphs of Article 7 of the Enforcement Decree
of the Urban Development Act (limited to any
renewal promotion project that also falls
within the scope of an urban development project under the Urban Development Act);
2-2.
Matters as set forth in the subparagraphs of Article 22 (1) of the Special Act on
the Promotion of Traditional Marketplaces and
Shopping Districts;
3. Matters as set forth in the subparagraphs of Article 25 (3) of the National Land
Planning and Utilization Act (limited to any
renewal promotion project that also falls
within the scope of an urban planning facility project under the National Land Planning
and Utilization Act);
4. Such matters as deemed non-material in the renewal promotion plan; or
5. Any other matters as prescribed by the municipal ordinance of the city or Do
government.
(2) "Such non-material matters as prescribed by the Presidential Decree" as set forth
in the proviso of Article 12 (1) of the Act
shall refer to any of the following:
1. Matters as set forth in subparagraphs 3 through 8 of Article 12 and subparagraphs
1 and 2 of Article 13-2 (1) of the Act on the
Maintenance and Improvement of Urban
Areas and Dwelling Conditions for Residents (limited to any renewal promotion project
that
also falls within the scope of an improvement project under the Act on the
Maintenance and Improvement of Urban Areas and Dwelling
Conditions for Residents);
2. Matters as set forth in the subparagraphs of Article 14 of the Enforcement Decree
of the Urban Development Act (limited to any
renewal promotion project that also falls
within the scope of an urban development project under the Urban Development Act);
3. Matters as set forth in subparagraphs 1 through 3 and 7 of Article 25 (3) of the
National Land Planning and Utilization Act (limited
to any renewal promotion project
that also falls within the scope of an urban planning facility project under the National
Land
Planning and Utilization Act);
4. Such matters as deemed non-material in the renewal promotion plan; or
5. Any other matters as prescribed by the municipal ordinance of the city or Do
government.
Article 11 (Commission etc. of Master Planner)
(1) If a mayor/Do governor intends to commission any person as a senior planner
under Article 9 (3) of the Act, such mayor or governor
shall hear the opinions of the
mayor or the head of the Gun or Gu in advance.
(2) From the stage of developing a renewal promotion plan, any person authorized
to establish such renewal promotion plan under
the provisions of Article 9 (3)
(hereinafter referred to as a "renewal promotion planning authority") may designate as a
senior
project manager any other person as set forth in subparagraphs 1 through 3 of
Article 9 (1) in order to ensure the efficient implementation
of projects;
(3) The senior planner shall make efforts to ensure that the renewal promotion plan
developed under his or her supervision
will be finalized under Article 12 (1) of the Act.
(4) The senior planner shall present his or her opinions on any modification
to the
renewal promotion plan if such opinions are requested by the renewal promotion
planning authority.
(5) The Minister of Land, Transport and Maritime Affairs may determine matters
concerning the performance by the senior planner
of his or her duties.
(6) The municipal ordinance of the applicable city or Do government shall prescribe
matters concerning, inter alia, the commission
and compensation of the senior manager.
Article 12 (Mitigation of Designation Requirements for Renewal Promotion Zone)
(1) Pursuant
to Article 9 (4) of the Act, the designation of a renewal promotion zone
may include mitigation of requirements in terms of the
dwelling unit density, the
percentage of deep and narrow lots, irregular lots, and micro-lots, and the percentage of
roadside housing
(the percentage of buildings adjacent to any road with a width of four
meters or more among all buildings within the renewal promotion
zone; hereinafter the
same shall apply) by up to twenty percent within such extent as prescribed by the
municipal ordinance of
the applicable city or Do government if any housing
redevelopment project under the Act on the Maintenance and Improvement of Urban
Areas and Dwelling Conditions for Residents is to be undertaken within such renewal
promotion zone.
(2) Pursuant to Article 9 (4) of the Act, two or more contiguous areas sharing the
same manner of implementation of renewal promotion
projects may be integrated into a
single renewal promotion zone if such areas separately satisfy the requirements for the
designation
of a renewal promotion zone in which a residential environment
improvement project or a housing redevelopment project under the
Act on the
Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents
is to be implemented.
(3) Pursuant to Article 9 (4) of the Act, two or more non-contiguous areas may be
designated as a single renewal promotion zone
in which a residential environment
improvement project, a housing redevelopment project, or an urban environment
improvement project
under the Act on the Maintenance and Improvement of Urban
Areas and Dwelling Conditions for Residents is to be implemented if necessary
to
protect scenic values and ensure the efficient implementation of a renewal promotion
project.
(4) Pursuant to Article 9 (4) of the Act, any renewal promotion zone in which a
residential environment improvement project or a
housing redevelopment project under
the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions
for Residents
is to be implemented, may be designated with its size expanded by ten
percent of the renewal promotion zone size as set forth in
any of the following
subparagraphs if necessary to ensure, inter alia, the regularization of lots or efficient
provision of infrastructure:
1. Any residential environment improvement project under the Act on the
Maintenance and Improvement of Urban Areas and Dwelling Conditions
for Residents:
a size satisfying the designation requirements for an improvement zone under Article 4
(1) of the same Act; or
2. Any housing redevelopment project under the Act on the Maintenance and
Improvement of Urban Areas and Dwelling Conditions for
Residents: a size satisfying
such designation requirements for an improvement zone under Article 4 (1) of the same
Act as mitigated
under paragraph (1).
(5) The size of a renewal promotion zone under paragraphs (1) through (4) shall be
30,000 square meters or more; provided, however,
that under any unavoidable
circumstances resulting from the terrain or local conditions, an area may be designated
as a renewal
promotion zone even though its size is under 30,000 square meters.
(6) If it is intended to mitigate the designation requirements
for a renewal promotion
zone under paragraphs (1) through (4) and the proviso of paragraph (5), advice from the
City/Do Urban Planning
Committee, a joint committee formed by the Construction
Committee established in the city or Do under Article 4 of the Building
Act and the
City/Do Urban Planning Committee, or the Urban Regeneration Committee shall be
obtained prior to the public notice
under the main clause of Article 9 (2) of the Act.
Article 13 (Criteria for Establishing the Regeneration Promotion Plan)
If the
Minister of Land, Transport and Maritime Affairs determines the criteria for the
development of a renewal promotion plan under Article
9 (5) of the Act, the following
matters shall be taken into account: 1. To determine the scale of infrastructure elements and the amount of installation
costs to be shared so that development gains
resulting from the implementation of a
renewal promotion project may be appropriately restituted;
2. To ensure that the plans for installing infrastructure elements in terms of, inter
alia, their types, scales, and locations shall
be developed taking into consideration the
land use plans for the regeneration promotion district or expected future demand for
development so that the infrastructure elements may serve appropriate roles for the
district and its neighboring areas;
3. To ensure a living environment required for a residential or downtown area in the
future;
4.T ensure that a diversity of opinions of residents may be addressed; and
5. To ensure that local characteristics will be fully accounted for.
Article 14 (Mitigation of FAR and Other Requirements in Return
for Land
Provided for Installation of Infrastructure)
(1) Under Article 11 (3) of the Act, floor area ratio or building height requirements
may be mitigated as prescribed by the municipal
ordinance of the applicable city or Do
government within the following extents: 1. Maximum permissible floor area ratio variation = the floor area ratio applied to
the zoning designation effective as of the date
of regeneration promotion district
designation + (1.5 × (the size of the land provided for infrastructure × the floor area
ratio
permitted for the land provided for infrastructure) ÷ the size of land remaining
after the provision of land for infrastructure).
2. Maximum permissible building height variation = the height cap determined
under Article 60 of the Building Act × (1 + the size
of the land provided for
infrastructure ÷ the original size of land)).
(2) In the application of paragraph (1), the floor area ratio or building height
requirements may be mitigated by the municipal
ordinance of the applicable city or Do
government within the following extents if land is provided according to any of the
following
manners:
1. Where the site of any public facility under subparagraph 13 of Article 2 of the
National Land Planning and Utilization Act (hereinafter
referred to as a "public
facility") or any of the following infrastructure elements is provided without cost:
within the extent
as set forth in subparagraphs of paragraph (1);
(a) a school;
(b) a library;
(c) a social service facility;
(d) a cultural facility;
(e) a public office building; or
(f) any other infrastructure element as prescribed by the municipal ordinance of the
applicable local government;
2. Where a site for any of the facilities as set forth in the items of subparagraph 1 is
developed and is provided below cost: within
the extent of one third of the quantity as
set forth in subparagraphs of paragraph (1); or
3. Where any part of a building together with the corresponding share in its lot is
provided as any of the facilities as set forth
in the items of subparagraph 1, within the
extent of three times the quantity as set forth in subparagraphs of paragraph (1), for
the
size of the share in the lot, in which case, the size of land remaining after the provision
of land for infrastructure as in
the formula as set forth in paragraph (1) 1 shall be the
original size of the land.
(3) Deleted.
Article 15 (Publication of Renewal Promotion Plan)
If a mayor/Do governor or a large-city mayor under Article 12 (1) of the Act
publishes
the finalization or modification of a renewal promotion plan under paragraph (3) of the
same Article, a summary of the
renewal promotion plan, including the following matters,
and the place where the plan is available for inspection shall be published:
1. The name, category, location, size, and purpose of the designation of the
regeneration promotion district;
2. The target year of completion for a renewal promotion project to be implemented
within the regeneration promotion district;
3. The overall direction and goals of the improvement of the regeneration promotion
district; and
4. A summary of the renewal promotion plan to be finalized or modified.
CHAPTER IV IMPLEMENTATION OF RENEWAL PROMOTION PROJECT
Article
16 (Designation of Senior Project Manager)
If the renewal promotion planning authority designates a senior project manager under
Article 14 (1) of the Act, such authority shall require any person qualified to be
designated as a senior project manager to submit
a senior project management proposal,
which shall be evaluated prior to designation.
Article 17 (Duties of Senior Project Manager)
(1) "Duties as prescribed by ... and the Presidential Decree" as set forth in Article
14 (2) 5 of the Act shall refer to the following:
1. The establishment and implementation of fund raising and management plans;
2. The preparation, analysis, and management of the data on the progress of the
renewal promotion project;
3. The development of measures to ensure efficient implementation of the renewal
promotion project and the collection of opinions
thereon;
4. Such duties as required by the mayor or head of the Gun or Gu with respect to the
implementation of the renewal promotion project;
and
5. Any other matters as prescribed by the Ordinance of the Ministry of Land,
Transport and Maritime Affairs.
(2) If necessary to perform the duties under Article 14 (2) of the Act, the senior
project manager may require any homeowners' association
promotion committee,
project developer, designer, constructor, renewal project management service provider
or any other participant
in the renewal promotion project to submit data on the project.
Any person so required shall comply therewith except under extraordinary
circumstances.
(3) The Minister of Land, Transport and Maritime Affairs shall determine matters
concerning the performance by the senior project
manager of his or her duties.
Article 18 (Recommendation for Constructor by Representatives of Property
Owners)
"Any person recommended by the representatives of property owners ... in an open
tender as prescribed by the Presidential Decree"
as set forth in Article 15 (2) of the Act
shall refer to any person recommended in accordance with the following procedures:
1. The tender shall be a fully open tender, limited tender, or selective tender;
2. The notice of invitation for the tender as set forth in subparagraph 1 shall be given
in a daily newspaper of general circulation
at least once, and an onsite presentation shall
be held; and
3. A ballot shall be held among property owners on the bidding proposals submitted
by bidders.
[Wholly amended June 20, 2008]
Article 19 (Calculation of Number of Consenters)
The calculation of the number of consenters under the proviso of Article 15 (1),
excluding the subparagraphs thereof, shall be conducted
in accordance with the manner
set forth in Article 28 of the Act on the Maintenance and Improvement of Urban Areas
and Dwelling
Conditions for Residents.
CHAPTER V SUPPORT FOR IMPLEMENTATION OF RENEWAL
PROMOTION PROJECT
Article 20 (Exceptions for Mitigation of Building Restrictions)
(1) The zoning modification under Article 19 (1) of the Act shall
be limited to shifts
within the land use areas as classified in the subparagraphs of Article 30 of the
Enforcement Decree of the
National Land Planning and Utilization Act. Under any
unavoidable circumstances including the improvement of the residential environment
as
well as the formation and reinforcement of a downtown area, however, shifts within the
land use areas as classified in the subparagraphs
of Article 30 of the Enforcement
Decree of the National Land Planning and Utilization Act may be implemented,
provided that advice
from the City/Do Urban Planning Committee or the Urban
Regeneration Committee has been obtained prior to the public notice under
Article 9 (2)
of the Act. In which case, the building and floor area ratio restrictions within the land
use area so modified may
be further reinforced than those placed under Article 76 or 78
of the National Land Planning and Utilization Act.
(2) Pursuant
to Article 19 (2) 1 of the Act, building restrictions within a land use
area may be mitigated as follows:
1. The construction of buildings of types permissible in other land use areas may be
permitted exclusively among the land use areas
as classified in the subparagraphs of
Article 30 of the Enforcement Decree of the National Land Planning and Utilization
Act; provided,
however, that under any unavoidable circumstances including the
improvement of the residential environment as well as the formation
and reinforcement
of a downtown area, the construction of a building of a certain use beyond the
restrictions placed in the main
clause may be permitted if advice from the City/Do
Urban Planning Committee or the Urban Regeneration Committee has been obtained
prior to the public notice under Article 9 (2) of the Act; or
2. The restrictions on the number of stories allowed in Class II General Residential
Area as set forth in Tables 5-1 and 5-2 as attached
to the Enforcement Decree of the
National Land Planning and Utilization Act may be waived.
(3) Pursuant to Article 19 (2) 2 of
the Act, lot coverage ratio restrictions may be
mitigated as prescribed by the municipal ordinance of the applicable city or Do
government within the extent as set forth in Article 84 of the Enforcement Decree of the
National Land Planning and Utilization
Act.
(4) Pursuant to Article 19 (3) of the Act, school facility requirements within a
downtown regeneration promotion district may be
mitigated by up to 50% in terms of
the size of the school site only.
(5) Pursuant to Article 19 (3) of the Act, parking space requirements within a
downtown regeneration promotion district may be mitigated
as follows:
1. The downtown regeneration promotion district may be deemed as a restricted area
under Articles 12 (6) and 19 (10) of the Parking
Lot Act in applying the mitigation as
prescribed by the municipal ordinance of the applicable local government; or
2. The downtown regeneration promotion district may be deemed as a restricted area
under Articles 7 (2) and 19 (10) of the Parking
Lot Act in applying the mitigation which
may be applicable as prescribed by the municipal ordinance of the applicable local
government
if a public parking lot is installed at a location as set forth in the
subparagraphs of Article 7 (2) of the Enforcement Decree
of the Parking Lot Act.
Article 21 (Ratio of Dwelling Unit Size)
(1) Under Article 20 of the Act, the percentage of the housing units whose private
residential space is under eighty five square
meters and that are required to be built for a
renewal promotion project shall be as follows: 1. Any residential environment improvement project under the Act on the
Maintenance and Improvement of Urban Areas and Dwelling Conditions
for Residents:
no less than eighty percent of the total number of households; and
2. Any housing redevelopment project under the Act on the Maintenance and
Improvement of Urban Areas and Dwelling Conditions for
Residents: no less than sixty
percent of the total number of households; provided, however, that a percentage publicly
notified
by the Minister of Land, Transport and Maritime Affairs under Article 4-2 (1)
of the Act on the Maintenance and Improvement of Urban
Areas and Dwelling
Conditions for Residents shall be applicable if such percentage is lower.
(2) If necessary to ensure a stable
housing supply and more opportunity for
occupancy by low-income residents, the percentage of housing units smaller than eighty
five square meters to be built may be prescribed in the municipal ordinance of the
applicable city or Do government within the extent
as set forth in paragraph (1).
Article 22 (Percentage of Urban Planning Tax Transferred to Special Renewal
Promotion Account)
The words "a rate prescribed by the Presidential Decree" as set forth in Article 12 (2) 4
of the Act shall refer to thirty percent
or any other such percentage not less than ten
percent but not greater than thirty percent as prescribed by the applicable local
government in its municipal ordinance, if any.
Article 23 (Use of Special Renewal Promotion Account)
The words "any other matters as prescribed by the Presidential Decree" as
set forth in
Article 24 (3) 4 of the Act shall refer to the following: 1. Grants for the improvement project costs for intact areas within a regeneration
promotion district;
2. Purchase costs of the lots requested to be purchased within a regeneration
promotion district;
3. Any costs incurred in connection with the duties performed by the senior project
manager;
4. Any costs incurred in connection with the surveys, designs and researches
conducted to ensure the designation of a regeneration
promotion district, the
development of renewal promotion plans, and institutional development; and
5. Any other such matters concerning renewal promotion projects as prescribed by
the municipal ordinance of the applicable city or
Do government.
Article 24 (Management of Special Renewal Promotion Account)
Project developers shall be classified into heads of
local governments (including any
senior project manager performing duties for and on behalf of the head of a local
government)
and any other persons in prescribing the entitlement to and scope of
subsidies and loans, if any, from the special renewal promotion
under Article 24 of the
Act.
Article 25 (Lease Term for School Sites, etc.)
(1) Where any tract of land or any other property owned by a local government
(hereinafter referred to as "property") is used, benefited
from, or leased out (hereinafter
referred to as "lease") under Article 25 (6) of the Act, the term of lease shall be fifty
years
and may be renewed by up to an additional fifty years.
(2) Notwithstanding the Regulations for the Establishment and Operation of
Elementary and Secondary Schools, any person intending to establish and manage a
private school may lease property owned by a local
government and use it as a school
site under Article 25 (7) of the Act or use property as a school site whose price is being
paid
in installments under Article 25 (8) of the Act.
(3) The construction of any building within a school site under paragraph (2) shall
require the consent of the applicable local government.
Article 26 (Reduction and Exemption in Rent or Sale Price for School Sites,
etc.)
(1) Where any property owned by a local government is rented out or sold under
Article 25 (8), such property may be rented
out or sold based on the development cost.
(2) The sale price of property may be allowed to be paid in installments for up to
twenty
years under Article 25 (8) of the Act.
(3) The municipal ordinance of the applicable local government shall prescribe
matters concerning the installment payment of the
rent or sale price for school sites
within the extent as prescribed in paragraphs (1) and (2).
CHAPTER VI RESTITUTION OF DEVELOPMENT
GAINS
Article 27 (Person Installing Other Infrastructure Elements)
The words "the person as prescribed by the Presidential Decree" as
set forth in Article
27 (1) 4 of the Act shall refer to any project developer of a renewal promotion project
under Article 15 or
18 of the Act (hereinafter referred to as a "project developer")
designated to install the following facilities in accordance with
a plan for the sharing of
infrastructure costs under Article 9 (1) 11 of the Act (hereinafter referred to as an
"infrastructure
cost sharing plan"), if any, or a local government if the local government
is designated to install the same: 1. Any public facilities other than as set forth in subparagraphs 1 through 3 of
Article 27 (1) of the Act; or
2. Any elements of infrastructure as set forth in a renewal promotion plan, other than
as set forth in subparagraphs 1 through 3
of Article 27 (1) of the Act.
Article 28 (Scope of Infrastructure Types to be Installed)
The scope of infrastructure types to be
installed under Article 27 (3) of the Act shall be
as follows:
1. Roads, water and sewage facilities: any roads, water and sewage facilities to be
installed by the local government in accordance
with the infrastructure cost sharing plan
under the Act;
2. Power facilities: any power facilities spanning from the power facilities serving as
backbone facilities outside the regeneration
promotion district to the boundaries of an
individual lot separated by a road with a width of four meters or more or to those of
a
renewal promotion zone (such individual lots and renewal promotion zones hereinafter
referred to as "individual lots etc.");
provided, however, that if power facilities are
installed using underground cables as requested by the project developer, their
installation costs shall be equally borne by the power supplier and the person requesting
the underground installation;
3. Gas facilities: any gas supply facilities spanning from the gas facilities serving as
backbone facilities outside the regeneration
promotion district to the boundaries of
individual lots etc., or to any pressure regulator, if installed within the renewal
promotion
zone to provide gas for cooking or local heating (excluding centralized
heating) purposes;
4. District heating facilities: any pre-insulated pipes spanning from their branching
points of backbone facility piping outside
the regeneration promotion district to the
shut-off valves at the entrance to each mechanical room of individual lots etc. within
the
regeneration promotion district; and
5. Communications facilities: any conduit facilities spanning from the backbone
facilities outside the regeneration promotion district
to the boundaries of individual lots
etc. as well as any cabling spanning from the backbone facilities outside the
regeneration
promotion district to the first terminals of individual lots etc.
Article 29 (Infrastructure Cost Collection Period)
The words
"such period thereafter as prescribed by the Presidential Decree" as set forth
in the former part of Article 27 (5) of the Act shall
be the date on which the
implementation of a renewal promotion plan or an execution plan is approved; provided,
however, that the
project developer may be allowed to make installment payments prior
to the date of application for the completion inspection of
the renewal promotion project,
as prescribed by the municipal ordinance of the applicable local government.
Article 30 (Infrastructure
to Be Installed Outside Regeneration Promotion
District)
The words "any elements of infrastructure as prescribed by the Presidential Decree" as
set forth in Article 28 (1) of the Act shall
refer to public facilities.
Article 31 (Bearing of Cost of Infrastructure to be Installed Outside Regeneration
Promotion District)
If the renewal promotion planning authority requires any local government or any
person managing a public facility benefitting from
any elements of infrastructure
installed outside a regeneration promotion district to bear part of the cost incurred in
connection
with the installation of such elements of infrastructure, Articles 102 and 103
of the National Land Planning and Utilization Act
shall be applicable mutatis mutandis.
Article 32 (Grants for Infrastructure, etc.)
(1) The words "such infrastructure elements as prescribed by the Presidential
Decree" as set forth in the main clause of Article
29 (1) of the Act, excluding the
subparagraphs thereof, and paragraph (2) of the same Article shall refer to any of the
following
facilities:
1. Public facilities; and
2. The infrastructure facilities as set forth in the items of Article 14 (2) 1.
(2) The words "such infrastructure elements as prescribed
by the Presidential
Decree" as set forth in the proviso of Article 29 (1) of the Act, excluding the
subparagraphs thereof, shall
refer to roads, parks and parking lots.
(3) The words "the maximum amount as prescribed by the Presidential Decree" as
set forth in the proviso of Article 29 (1) of the
Act, excluding the subparagraphs thereof,
shall refer to 100 billion won for each city, Gun, or Gu (autonomous Gu; hereinafter the
same shall apply).
(4) The words "any distressed area formed by a mass relocation of low-income
urban residents by the State or local government or
any other area as prescribed by the
Presidential Decree" under Article 29 (1) 2 of the Act shall refer to any area as set forth
in any of the following subparagraphs: 1. Any area falling within two or more of the categories set forth in the following
items as of the date of the designation of the
regeneration promotion district:
(a) any area in which the implementation of a public project under Article 4 of the
Act on the
Acquisition of Land, etc. for Public Works and the Compensation Therefor
resulted in a mass relocation of 300 or more housing units
built at the time of the
relocation;
(b) any area where buildings for which twenty or more years have passed since the
completion of construction account for fifty percent
or more of all buildings in the
regeneration promotion district;
(c) any area where apartment and multifamily units for which fifteen years or more
have passed since the completion of construction
account for forty percent or more of
all buildings in the regeneration promotion district (residential only);
(d) any area where
sixty or more buildings are erected per 10,000 square meters of
the regeneration promotion district;
(e) any area where the percentage of roadside housing is thirty percent or less;
(f) any area where the total floor space used for
non-housing uses account for forty
percent or less of the total floor space of all buildings in the regeneration promotion
district
(downtown only); or
(g) any area where obstacle limitation surface under the Aviation Act and flight
safety zones under the Military Installation and
Military Facilities Protection Act
account for fifty percent or more of the entire size of the regeneration promotion
district;
or
2. Any area falling within any of the categories set forth in the items of paragraph
(1) as of the date of the designation of the
regeneration promotion district and within
any of the categories set forth in the following items under such renewal promotion plan
as finalized and published under Article 12 of the Act:
(a) any area where the total floor space used for non-housing uses account
for fifty
percent or more of the total floor space of all buildings in the regeneration promotion
district;
(b) any area where an increase in the floor area ratio resulting from the renewal
promotion project is fifty percent or less of
the floor area ratio as of the date of
designation of the regeneration promotion district; or
(c) any area where the footprint
of infrastructure elements to be installed by the
project developer in addition to existing ones account for ten percent or more
of the size
of the regeneration promotion district.
(5) The words "as prescribed by the Presidential Decree" as set forth in Article 29
(1) 3 of the Act shall refer to where all of
the following cases apply to the regeneration
promotion district as of the year in which the regeneration promotion district is
designated and announced:
1. Where the aggregate cost incurred in connection with the installation of
infrastructure elements under paragraph (2) for a regeneration
promotion district under
the jurisdiction of a city, Gun, or Gu is equivalent to thirty percent or more of the
average annual budget
of the applicable city, Gun, or Gu for the last three years; and
2. Where the percentage of general funds with unspecified uses among the fiscal
revenue of the local government exercising jurisdiction
over the regeneration promotion
district does not exceed the nationwide average.
(6) The Minister of Land, Transport and Maritime Affairs may determine and
publish detailed calculation criteria for the requirements
as set forth in the
subparagraphs of paragraphs (4) and (5).
The words "any other matters as prescribed by the Presidential Decree" as set forth in
Article 30 (2) 5 of the Act shall refer to
the following:
1. The number of years that have passed since the completion of the housing unit;
and
2. Any other matters as prescribed by the municipal ordinance of the city or Do
government.
Article 34 (Percentage of Rental Housing to Be Built, etc.)
(1) The words "a rate prescribed by the Presidential Decree" as set
forth in the
former part of Article 31 (1) of the Act shall refer to any of the following percentages:
1. Any housing redevelopment project under the Act on the Maintenance and
Improvement of Urban Areas and Dwelling Conditions for
Residents: any such
percentage not less than fifty percent but not greater than seventy five percent of the
increase in the floor
area ratio resulting from the project as prescribed by the municipal
ordinance of the applicable city or Do government or, in the
case of any area other than
congestion control regions under the Seoul Metropolitan Area Readjustment Planning
Act, any such percentage
not less than twenty five percent but not greater than seventy
five percent as prescribed by the municipal ordinance of the applicable
city or Do
government;
2. Any urban environment improvement project under the Act on the Maintenance
and Improvement of Urban Areas and Dwelling Conditions
for Residents, any urban
development project under the Urban Development Act, or any marketplace
improvement project under the
Special Act on the Nurturing of Traditional Markets: a
sum of the following percentages:
(a) such percentage not less than fifty percent but not greater than seventy five
percent of the increase in the floor area ratio
for housing uses (the increase referring to a
difference between such ratio of the floor area for housing uses as set forth in the
renewal promotion plan and such ratio of the floor area for housing uses effective as of
the regeneration promotion district designation,
as calculated after separately calculating
the ratios for housing uses and non-housing uses as set forth in the renewal promotion
plan and effective as of the regeneration promotion district designation) as prescribed by
the municipal ordinance of the applicable
city or Do government; and
(b) such percentage not greater than seventy five percent of the increase in the floor
area ratio for
non-housing uses (the increase referring to a difference between such ratio
of the floor area for non-housing uses as set forth
in the renewal promotion plan and
such ratio of the floor area for non-housing uses effective as of the regeneration
promotion
district designation, as calculated after separately calculating the ratios for
housing uses and non-housing uses as set forth in
the renewal promotion plan and
effective as of the regeneration promotion district designation) as prescribed by the
municipal
ordinance of the applicable city or Do government; in which case, the sharing
of the cost incurred in connection with the installation
of infrastructure elements
(excluding the elements for which the floor area ratio is adjusted in return for the
provision of land
under Article 11 (3) of the Act) shall be taken into account; or
3. Any housing redevelopment project or urban environment improvement project
under the Act on the Maintenance and Improvement of
Urban Areas and Dwelling
Conditions for Residents where two or more areas are to be designated as a single
renewal promotion zone
under Article 12 (3) and residents are to be relocated,
notwithstanding subparagraphs (1) and (2): such percentage not exceeding
one third of
the percentage under subparagraphs 1 and 2 as prescribed by the municipal ordinance of
the applicable city or Do government
taken into consideration the number of households
to be relocated.
(2) The percentage of housing units for which private residential space exceeds
eighty five square meters among the rental units
built under Article 31 (2) shall refer to
such percentage not exceeding forty percent as prescribed by the municipal ordinance of
the applicable city or Do government.
Article 35 (Supply of Rental Housing)
(1) If the project developer supplies rental housing units under the former part of
Article 31 (1) of the Act, the mayor/Do governor
may elect to purchase such units;
provided, however, that if the mayor/Do governor is unable to acquire the rental housing
units,
such mayor/Do governor shall request the Minister of Land, Transport and
Maritime Affairs to designate a purchaser.
(3) Notwithstanding paragraphs (1) and (2), any rental housing units built within a
regeneration promotion district for which the
Korea National Housing Corporation
under the Korea National Housing Corporation Act or any local government-owned
corporation established
to carry out housing projects pursuant to the Local Public
Enterprises Act is designated as a senior project manager may be supplied
to such senior
project manager in preference to any others.
(4) Any person who has purchased or has been supplied with rental housing units
under the provisions of paragraphs (1) through (3)
may supply the units having private
residential space not more than eighty five square meters among the said rental housing
units
as bogeumjari homes under Article 2 (1) of the Special Act on Bogeumjari
Housing Construction; provided, however, that any rental
housing units having private
residential space not more than sixty square meters shall be supplied as bogeumjari
homes.
Article 36 (Eligibility of Rental Housing Tenants, etc.)
(1) The eligibility for tenancy in rental housing units under Article 31
(6) of the Act
shall be as follows, where the municipal ordinance of the applicable city or Do
government shall prescribe any other
necessary matters: 1. Primary: any person who has owned no housing units for one year or longer and
resided in the city, Gun, or Gu in which the applicable
regeneration promotion district is
located for one year or longer;
2. Secondary: any person residing in the city, Gun, or Gu in which the applicable
regeneration promotion district is located; or
3. Tertiary: any other person who has no primary or secondary eligibility.
(2) The level of rent for rental housing under Article
31 (6) of the Act shall be as
follows:
1. The key money deposit and monthly rent shall be no more than ninety percent of
the levels prevailing in the areas neighboring
the regeneration promotion district,
respectively;
2. Matters concerning, inter alia, the contractual terms for rental housing units shall
be as prescribed by rental housing laws;
and
3. Matters concerning maintenance fees and other aspects of housing management
shall be as prescribed by the Housing Act.
(3) Notwithstanding paragraph (1), any owner or tenant of a housing unit to be
removed due to a renewal promotion project shall
be given priority with respect to the
eligibility for tenancy in bogeumjari homes, where the details of such priority shall be
as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.
Article 37 (Scope of Land Sizes Requiring Permission of Transaction)
The words "the transaction of any tract of land larger than
a size as prescribed by the
Presidential Decree" shall refer to the transaction of a parcel of land twenty square
meters or more
in size (excluding any transaction of a parcel smaller than the sizes as
set forth in the subparagraphs of Article 118 (1) of the
National Land Planning and
Utilization Act located within any area designated as an intact management zone (any
other portion of
an intact area than any such zones as deemed likely to satisfy the
renewal promotion zone designation requirements within three
years and thus
designated as intact improvement zones in accordance with the renewal promotion plan)
or within any area in which
a renewal promotion project has been completed).
Article 38 (Establishment, Operation etc. of Urban Regeneration Committee)
(1) The Urban Regeneration Committee established under
Article 34 (1) of the Act
(hereinafter referred to as the "Committee") shall consist of twenty to twenty five
Committeepersons,
including one Chairperson and one Vice-Chairperson.
(2) The person as set forth in the following subparagraphs shall be the Chairperson,
and the Committeepersons shall elect the Vice-Chairperson among themselves.
1. For Seoul: the Vice Mayor II for Administrative Affairs;
2. For any metropolitan city: the Vice Mayor for Administrative Affairs; or
3. For any Do: Deputy Governor for Administrative Affairs.
(3) The Committeepersons of the Committee shall be appointed or commissioned
by
the mayor/Do governor among the following persons, in which case, the
Committeepersons not falling within the scope as set forth
in subparagraph 1 or 2 but
falling within the scope as set forth in subparagraph 3 or 4 shall account for thirty
percent of all
Committeepersons: 1. Any councilor of the municipal council of the applicable city or Do;
2. Any public official holding a position with the applicable city or Do government
or any public official of an administrative agency
relevant to urban renewal;
3. Any committeeperson of the applicable City/Do Urban Planning Committee or of
the Construction Committee; or
4. Any person with an appropriate level of learning and experience in urban
planning, urban design, architecture, housing, or any
other urban renewal related fields.
(4) The term of office of any Committeeperson falling within the scope as set forth
in paragraph
(3) 3 or (3) 4 shall be two years, which shall be renewable; provided,
however, that the term of office of any Committeeperson filling
a vacancy shall be the
remainder of the term of office of his predecessor.
(5) The Chairperson shall represent the Committee and
be ultimately responsible for
its affairs.
(6) The Chairperson shall convene and chair the meetings of the Committee.
(7) The meeting of the Committee shall be in session
by the presence of a majority
of the Councilors registered, and pass resolutions by the affirmative vote of a majority
of the Councilors
present.
(8) The Committee may have one or more sub-committees if necessary to ensure
efficient conduct of its affairs.
(9) If necessary to conduct, inter alia, thorough investigations and studies of the
duties of the Committee, the Committee may have
three or less Expert
Committeepersons commissioned by the mayor/Do governor among experts in urban
renewal.
(10) Except as otherwise prescribed by this Decree, the municipal ordinance of the
applicable city or Do government shall prescribe
matters concerning the operation of the
Committee.
ADDENDA (Enforcement Decree of the Special Act on Bogeumjari Housing
Construction)
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation;
Paragraphs (1) through (8) omitted.
(9) The Enforcement Decree of the Special Act on the Promotion of Urban Renewal
shall be amended in part as follows:
In the main clause of Article 35 (4), the words "bogeumjari homes under Article 2 (1) of
the Special Act on Bogeumjari Housing Construction
(rental housing only; hereinafter
referred to as "bogeumjari homes")" shall be substituted for "national rental housing
units under
Article 2 (1) of the Act on Special Measures for National Rental Housing,
etc. (hereinafter referred to as "national rental housing
units")", and in the proviso of the
same Article, the words "bogeumjari homes" for "national rental housing units".
In Articles
36 (3) and 36 (4), the words "bogeumjari homes" shall be substituted for
"national rental housing units".
Paragraphs (10) through (24) omitted.
Article 3 omitted.
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