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Could an illegal building be demolished?

I had land that I inherited from my parents, so I built and put up a house on it. However, that land is classified as farmland, in other words a rice paddy, so building a house on it made it an illegal building. I did not know that I had to obtain permission in advance. I only found out about this problem later, and I am at a loss. In a case like this, could the illegal building be demolished?

illegal building demolition

Answer to Related Inquiry

Author: 고병준

Hello. I will explain about the demolition of an illegal building.

To give the bottom line first, unfortunately, demolition is possible.

Without obtaining permission or approval under the Building Act, if you newly built a building in violation of the Building Act, you may receive corrective measures under Article 79, Paragraph 1 of the Building Act.

The details of the corrective measures involve ordering the building owner to suspend construction, or, within a set period, ordering demolition, reconstruction, extension, repair, change of use, prohibition of use, restriction of use, and other necessary measures.

If such a corrective order is not followed, the permitting authority, such as the mayor or the county governor, may also request that licenses, authorizations, registrations, and the like for the business or other activities of the building be withheld.

In addition, a building owner and a construction contractor who built in an urban area in violation of the Building Act, including the building permit, building coverage ratio, and floor area ratio, may be subject to imprisonment of up to three years or a fine of up to 500 million won.

As such, because even criminal liability can follow in connection with the demolition of an illegal building, caution is required.

Therefore, if you have a problem related to the demolition of an illegal building, we recommend seeking advice and assistance from an attorney with expertise in the real estate field.