Development Activity Permit and Farmland Conversion Permit in Korea

How do a development activity permit and a farmland conversion permit differ, and do I need both?

A development activity permit is required from the Mayor of the Special City, Metropolitan City or Special Self-Governing City, the Governor of the Special Self-Governing Province, or the city mayor or county head for anyone who intends to construct a building or install a structure, change the form and quality of land, quarry earth and stone, subdivide land (other than a lot with a building on it), or pile goods for 1 month or more in a green area, management area or natural environment conservation area. A farmland conversion permit is required under the Farmland Act for anyone who intends to convert farmland. When a development activity permit is granted, the farmland conversion permit or consultation and the farmland conversion report under the Farmland Act can be deemed granted, so first check whether the land is farmland and whether the deemed-permit rule applies. Activities under urban/gun planning projects, emergency measures for disaster recovery, and the rebuilding, extension or reconstruction of buildings that need only a report under the Building Act, among others, are excluded from the permit requirement.

What are the requirements for a development activity permit and a farmland conversion permit?

(1) Development activity permit standards: the activity must suit the scale of development permitted for the zoning district, must not conflict with the urban/gun management plan and growth management plan, must not hinder urban/gun planning projects, must harmonize with the surrounding environment and landscape, and must have an appropriate plan for installing infrastructure and securing land for it. Scale examples: for changes to the form and quality of land, less than 10,000 square meters in urban residential, commercial, natural green and production green areas; less than 30,000 square meters in industrial areas; less than 30,000 square meters in management and agricultural/forest areas; and less than 5,000 square meters in conservation green areas and natural environment conservation areas.

(2) Farmland conversion review standards: for farmland in an agricultural promotion area, no violation of the relevant rules; the land can be used appropriately for the purpose of conversion; the converted area is appropriate; there is little need to keep preserving the farmland; there is no damage to farming or living conditions on neighboring farmland (if damage is expected, the prevention plan is sound); and the business plan and funding plan are appropriate.

(3) Conditions and performance guarantees: a development activity permit may carry conditions on installing infrastructure, preventing hazards and environmental pollution, landscaping and the like, and a performance deposit (up to 20% of the total construction cost) may be required.

Which documents are needed for a development activity permit and a farmland conversion permit?

For a development activity permit, attach to the development activity permit application: proof of ownership or use rights over the land; project drawings such as a site plan (for changes to the form and quality of land and quarrying); design documents (for installing structures); documents stating the use and scale of the building; a schedule, drawings and cost breakdown for public facilities; and design documents and cost breakdowns for hazard prevention, pollution prevention, landscaping and the like. Documents for consultation with other administrative agencies may also be needed. The application and documents can be submitted through the National Land Use Information System. For a farmland conversion permit, attach to the farmland conversion permit application: a business plan stating the purpose of conversion, the project operator, the project period, the facility layout, the funding plan and the facility management and operation plan; proof of ownership or use rights over the land; a certified copy of the cadastral or forest map and a topographic map showing the planned conversion area; and, where applicable, a plan to prevent damage to neighboring farmland. If you apply to pay the charge in installments, add an installment payment application.

What is the procedure for a development activity permit and a farmland conversion permit?

(1) Check the zoning district, land category, whether the land is in an agricultural promotion area, and the deemed-permit relationship → (2) prepare the business plan and design documents (design and surveying by specialist firms) → (3) submit the development activity permit application (and documents for any deemed permits) → (4) go through consultation with other administrative agencies and urban planning committee review where needed → (5) for farmland conversion, pay the farmland conservation charge in advance, before the permit is granted → (6) decision to grant or refuse the permit (notified in writing or through the National Land Use Information System) → (7) completion inspection after construction. A farmland conversion permit goes through a stage in which the head of the si/gun/gu reviews the application and submits it via the si/do governor to the Minister of Agriculture, Food and Rural Affairs.

How long do a development activity permit and a farmland conversion permit take?

Unless there are special reasons, a development activity permit must be granted or refused within 15 days of the application (excluding the period for urban planning committee review or consultation with other administrative agencies), and the processing period on the application form is also 15 days. For a farmland conversion permit, the head of the si/gun/gu sends the application to the si/do governor within 10 days of receiving it, and the si/do governor then submits it to the Minister within 10 days; the application form shows the processing period for each stage. Time for consultation, review and supplementation is separate.

Which authority receives a development activity permit and a farmland conversion permit?

A development activity permit is applied for to the Mayor of the Special City, Metropolitan City or Special Self-Governing City, the Governor of the Special Self-Governing Province, or the city mayor or county head; a farmland conversion permit is applied for to the head of the si/gun/gu with jurisdiction over the farmland (the permitting authority is the Minister of Agriculture, Food and Rural Affairs). Uses subject to a farmland conversion report, such as farmers' houses and agricultural and livestock facilities, are reported to the head of the si/gun/gu.

What are the statutory costs for a development activity permit and a farmland conversion permit?

A farmland conservation charge is imposed on farmland conversion. The charge per square meter is the most recently published individual officially assessed land price as of the imposition date, multiplied by 30% for farmland in an agricultural promotion area or 20% for farmland outside it, with a cap of KRW 50,000 per square meter. Confirm application fees for the development activity permit and the farmland conversion permit with the competent authority. The performance deposit is not a cost but a deposit returned after the completion inspection.

Why is a development activity permit or a farmland conversion permit refused?

Typical reasons are failing the development activity permit standards (exceeding the scale, conflicting with the urban/gun management plan, not harmonizing with the surroundings, an inadequate infrastructure plan, etc.), failing the farmland conversion review standards (an unsuitable conversion purpose, damage to neighboring farmland, an inadequate business or funding plan, etc.), and not responding to requests to supplement deficient documents. Carrying out development activity without a permit can lead to imprisonment of up to 3 years or a fine of up to KRW 30 million; converting farmland outside an agricultural promotion area without a permit can lead to imprisonment of up to 3 years or a fine of up to 50% of the land value (for farmland in an agricultural promotion area, imprisonment of up to 5 years or a fine of up to the land value).

What can an administrative agent help with?

YouSun Administrative Agency prepares documents such as the permit application, business plan and damage prevention plan, reviews the requirements, and submits them to the authority on your authorization. Land surveying, preparing design documents, architectural and civil engineering design, preparing environmental impact assessments, and appraisal belong to specialist organizations and licensed professionals and are not handled. Work restricted by other laws cannot be handled, and litigation or court representation is outside the scope of an administrative agent and is not offered. Whether a permit is granted is decided by the competent authority.