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A legal review on lifting of the redevelopment district designation - With reference to the revised law (Feb. 1, 2012) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and the Special Act on the Promotion of Urban Renewal -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 58(), pp.131-160
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Seung Pil Choi 1

1한국외국어대학교

Accredited

ABSTRACT

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and the Special Act on the Promotion of Urban Renewal were revised in February 2012. The revision is expected to make positive contributions to settling down the situation where land owners, etc. are still being restricted in exercising their property right despite a continuous failure in the promotion of redevelopment projects due to deteriorated profitability and to changing them into new types of projects and therefore to promoting improvement and development of urban residential environments. The key content of revision of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is as follows. The revised law allows for small-scale residential environment improvement projects even in areas where old and poor quality buildings are located densely together with residential environment improvement of detached and multiplex housing by expanding the types of projects set forth by the Act. However, the most important element in the revision is lifting of the redevelopment district designation where project development is being delayed. The designation is lifted in case of a delay in project development, such as a delay in application for permit by the project promotion committee and union, or in case project promotion causes excessive burden on residents. However, the lifting of designation is not through resolution by the promotion committee or union and therefore, it leads to an issue of sharing expenses previously spent in the course of promoting a project. The revised law stipulates to provide the project-related information including the estimated share of expenses to land owners, etc. and therefore to have the residents decide the status of project promotion based on the information provided. In addition, the scope of information provided in relation to redevelopment projects has been expanded. Moreover, the ratio of direct participation by union members in important general meetings was upwardly adjusted and implementation of the public management system where administrative authorities take part in a project promotion has been expanded. The revised contents of the Special Act on the Promotion of Urban Renewal are as follows. As the most important content of the revision, the effect of a district designation is forfeited in case the promotion plan is not implemented for more than two years after designation of a redevelopment promotion district. However, projects relating to infrastructures will be continuously implemented in order to enable development of backward areas. Residents' participation has also been increased. At the same time, support from the central and local governments on development of backward areas has been strengthened. The revision brought to surface an issue of conflict among residents and the burden of cost. However, as a whole, it will contribute to improving on some of the irrational elements detected in the course of urban redevelopment in the past.

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