Homes Law of the Democratic People’s Republic of Korea (2014)

Suggested citations
AGLC4 |
살림집법 2014 [Homes Law of the Democratic People's Republic of Korea (2014)] [tr Daye Gang].
Bluebook | Sallimjipbeob 2014 [Homes Law of the Democratic People's Republic of Korea (2014)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/. 


Adopted on January 21, Juche 98 (2009), as Directive No. 3051 of the Presidium of the Supreme People’s Assembly

Amended and supplemented on August 4, Juche 98 (2009), as Directive No. 205 of the Presidium of the Supreme People’s Assembly

Amended and supplemented on October 25, Juche 100 (2011), as Directive No. 1917 of the Presidium of the Supreme People’s Assembly

Amended and supplemented on November 13, Juche 101 (2012), as Directive No. 2803 of the Presidium of the Supreme People’s Assembly

Amended and supplemented on July 23, Juche 103 (2014), as Directive No. 93 of the Presidium of the Supreme People’s Assembly

CHAPTER I. BASICS OF HOMES LAW

Article 1 (Objectives of Homes Law) 

The Homes Law of the Democratic People’s Republic of Korea shall strictly adopt systems and order in the construction, transfer of control, taking over and registration, allocation, use, and management of homes and serve to assure stable and cultural living conditions to the people.

Article 2 (Classification of homes) 

Homes shall be divided into homes that are property of the State, homes that are property of cooperative organizations, and private property homes, according to the form of ownership. The State shall protect home ownership rights and right of use by law.

Article 3 (Principle of guaranteeing a home at the State’s expense) 

The State taking responsibility for and smoothly resolving people’s residential issues is a fundamental character requirement of the socialist system of our country. The State shall build modern city homes and rural homes using State expenses and shall guarantee them to the people.

Article 4 (Principle of constructing a home) 

Actively opening up home construction is a fundamental requirement of smoothly assuring the increasing demand for homes. The State shall systematically extend investment in the home construction sector, and shall command home construction in a standardized way and conduct it so that it has good prospects.

Article 5 (Principle of transferring control, taking over, and registering homes) 

Correctly transferring control, taking over, and registering homes is an important requirement of homes management. The State shall assure scientificity, objectivity, and accuracy in transferring control, taking over, and registering homes.

Article 6 (Principle of allocating and using homes) 

The State shall resolutely adhere to the principle of narodnost in the allocation of homes, and must strictly abide by the order of home use.

Article 7 (Principle of management of homes) 

Managing homes correctly is an important requirement of beautifully managing cities and villages, and smoothly assuring the living convenience of the people. The State shall correctly adopt a home management system and shall do home management responsibly.

Article 8 (Application of different laws)

Order that has not been regulated in this law related to the construction, transfer of control, take over, registration, allocation, use, or management of homes shall follow the relevant regulations.

CHAPTER II. CONSTRUCTION OF HOMES

Article 9 (Planned home construction) 

Home construction is important work to provide the conditions for a happy family life to the people. People’s committees and relevant institutions, enterprises and organizations shall do home construction in a planned way according to the city and village overarching construction plan.

Article 10 (Adherence to construction approval process) 

Institutions, enterprises and organizations seeking to construct a home must abide strictly by approval processes such as the issue of construction specifications, the approval of construction designs and plans, permits for the use of land, and construction licenses. Home construction may not be done without receiving all the construction approvals following the designated process. The relevant authorities shall do documentary review and in-field discovery for the subject of a home construction in detail, then must only approve the construction in cases where it is in conformity with the principles of home construction and standards determined by the State.

Article 11 (Home construction design) 

Home construction designs shall be drafted by the relevant design institutions or enterprises, agreed with the institution, enterprise or organization that commissioned the construction, then shall receive the approval of the relevant construction supervision institution. The relevant design institution or enterprise must design home construction in different forms and with distinct characteristics in conformity with the requirements of comfort first, aesthetics first. Home construction design must not be approved if it does not meet the requirements of the new century, cannot assure comfort, safety, public health and hygiene, or cultural character, or if the home construction design is drafted so that all the forms are the same.

Article 12 (Interconnection with home construction plan entry into construction contract)

State planning institutions must correctly interconnect the home construction plan for the commissioner of the construction and builder institutions, enterprises and organizations. The construction of homes shall be done by specialist construct institutions and enterprises. Commissioner of the construction and builder institutions, enterprises and organizations must conclude construction contracts based on the home construction plan, and must compulsorily fulfil it.

Article 13 (Precedence of infrastructure construction) 

In cases where relevant institutions, enterprises and organizations construct homes, they must prioritise the design and construction of infrastructure. If infrastructure facilities have not been constructed, or in places where infrastructure facilities and abilities are lacking, homes may not be constructed.

Article 14 (Construction) 

Builder institutions, enterprises and organizations must construct quality homes in conformity with designs approved by a designated institution and with the requirements of construction regulations and public law. Acts of constructing according to designs that have not been approved, or constructing differently to the approved designs, or acts that violate the requirements of construction regulations and public law, may not be done.

Article 15 (Quality inspection) 

The construction supervision institution and the commissioner of the construction, builder institutions, enterprises and organizations must strictly do quality inspection of construction through process inspection codes, interim inspections, and final inspections in the home construction process. In cases where a process inspection code or interim inspection has not been received, or inspections have not been passed, the construction for the next process may not be done.

Article 16 (Guarantee of building funds, resources, facilities) 

State planning institutions and relevant institutions, enterprises and organizations must assure the funds, resources, and facilities required for home construction in time. Funds, resources and facilities for home construction may not be used for a different purpose.

Article 17 (Arrangement of divisions of land) 

The commissioner of the construction and builder institutions, enterprises and organizations must, after constructing homes, shall install things such as water and sewage, heating, and electricity facilities for guaranteeing the standard of life of residents and for municipal administration work, according to the home construction design, and must cleanly arrange the divisions of land in conformity with the requirements of beautifying the city. In cases where the facilities reflected in the design have not been constructed, or the arrangement of divisions of land has not been done in conformity with the requirements of beautifying the city, the pre-delivery inspection of the homes may not be done.

Article 18 (Pre-delivery inspection)

The State construction supervision institution must organize a pre-delivery inspection committee of the commissioner of the construction, builder institutions, enterprises and organizations, and workers of the relevant specialist sector when the homes are completed, and must do a pre-delivery inspection. Pre-delivery inspections of homes must correctly confirm, using scientific techniques, things such as the state of infrastructure construction, the state of guaranteeing the quality of construction, and the state of arrangement of divisions of land based on the designs.

Article 19 (Issue of notice of passing pre-delivery inspection) 

Homes that have passed the pre-delivery inspection shall be issued a pass notice. Homes that have not passed pre-delivery inspection shall eradicate their defects and shall receive another pre-delivery inspection.

Article 20 (Warranty of quality of homes) 

Builder institutions, enterprises and organizations must warranty the quality of homes they have constructed for the designated period. The builder institution, enterprise, or organization shall take responsibility for accidents occuring during the quality warranty period of the home according to the technical analysis results of the State construction supervision institution.

CHAPTER III. TRANSFER OF CONTROL, TAKEOVER AND REGISTRATION OF HOMES

Article 21 (Transfer of control, takeover of homes) 

A completed home shall be handed over to the home management institution. Home management institutions shall participate in the pre-delivery inspection to confirm whether the relevant home has been constructed with quality in conformity with the requirements of the design, then shall take over the home. Homes that have not passed pre-delivery inspection may not be handed over or received.

Article 22 (Documents to hand over at transfer of control, takeover of home) 

In cases where builder institutions, enterprises and organizations hand over a home to the  home management institution, they must hand it over together with documents such as the construction specifications, permits for the use of land, construction licenses, land quality survey investigation report, design blueprints, construction resume, budget documents, and notice of passing pre-delivery inspections. Homes may not be handed over or received without the relevant documents.

Article 23 (Transfer of control or take over of homes where the management is different) 

In required cases, home management institutions may take over homes managed by a different home management institution according to the jurisdiction. In these cases, the approval of the central municipal administration guidance institution must be received. In cases where homes managed by different home management institutions are taken over, the technical state of things such as the structural stability of homes, state of management, water and sewage, heating, electricity, and elevator facilities, and must correctly receive documents of each kind required for home management.

Article 24 (Transfer of control, take over of private property homes) 

Private property homes may be transitioned to homes that are property of the State according to the requirements of owners. In these cases, the home management institution must confirm in detail the experience and residual value of the home. Even if homes that used to be private property are transitioned to property of the State, the relevant home may continue to be used by the citizen that used to own it.

Article 25 (Establishment of a home registration system) 

Home management institutions shall correctly adopt a home registration system must register homes taken over without exception. In cases where a newly constructed home is taken over, home registration shall be classified and done into first registration, ordinary registration done during the management process, and self-registration and State registration according to the managing jurisdiction.

Article 26 (Home registration method) 

Home management institutions shall have a home registration chief who must correctly register things such as the registration number of the home, year of construction, form, rescue, floor space, ability, initial value, technical state, state of maintenance, facilities installed in the home and their state of operation, furnishings, and equipment. In cases where the registration content has been changed in the home management process, that update must be registered in time.

Article 27 (Home registration update report) 

Home management institutions must report the state of home registration once per year to the central municipal administration guidance institution.

CHAPTER IV. ALLOCATION AND USE OF HOMES

Article 28 (Allocation institution for homes) 

The allocation of homes shall be done by the People’s Committees and relevant institutions, enterprises and organizations. People’s Committees and relevant institutions, enterprises and organizations must allocate homes in a fair and rational way.

Article 29 (Application for allocation of homes and registration) 

Citizens seeking to obtain a home must make an application for the allocation of a home to the People’s Committee or the relevant institution, enterprise or organization. People’s Committees and relevant institutions, enterprises and organizations that have received an application for the allocation of homes shall peruse it in detail, shall register it with the chief, then responsibly guarantee a home when it has been arranged.

Article 30 (Principles to abide by in the allocation of homes) 

The principles to abide by in the allocation of homes are as follows. 

1. Homes must preferentially be allocated to subjects such as revolutionary fighters, the families of revolutionary and patriotic martyrs, families of those who have passed away in war, families of murder victims, heroes, war veterans, soldiers disabled on duty, discharged officers, teachers, scientists, technical experts, persons who have done distinguished service, and labour innovators. 

2. Workers working in arduous sectors such as coal miners, miners, smelters, deep sea offshore fishermen, and locomotive engineers must be allocated homes that are cultural and that guarantee sufficient rest conditions.

3. Homes must compulsorily be allocated to families who have lost homes due to natural disasters or families whose homes have been demolished because of city planning measures.

4. Homes must be allocated by taking into consideration things such as the number of family members, commute conditions, and residential conditions.

5. Homes that the State has built for cooperative farms and homes that are the property of cooperative organizations must be allocated to the farm workers, labourers and clerks that directly serve the farms.

Article 31 (Allocation of newly constructed home) 

Newly constructed homes shall be allocated under the conditions that they have passed the pre-delivery inspection and have been registered with the home management institution. Homes that have not passed pre-delivery inspection or have not been registered with the home management institution may not be allocated.

Article 32 (Allocation of homes that have been in used) 

Homes that have already been in use may only be allocated in cases when the citizen who used to use it no longer lives there. The People’s Committee and relevant authorities shall command empty homes in time and must allocate them rationally.

Article 33 (Application to use a home) 

Citizens that have been allocated homes must make an application to use a home to the People’s Committee or the relevant authorities. The process and the method of an application to use a home shall follow what has been separately determined. 

Article 34 (Permission to use home)

A People’s Committee or relevant authorities that have received an application to use a home shall correctly review and confirm things like the reasons for application, residential conditions, and whether the home is empty, and must issue a permit to use the home to the citizens who have been allocated a home. A permit to use the home must state things such as the name of the resident, position at work,  number of family members, number of rooms, and the address and number of the home.

Article 35 (Exchange of homes) 

In cases where citizens seek to exchange homes as necessary may make an application to the People’s Committee or relevant authorities. A People’s Committee or relevant authorities that have received an application to exchange homes must correctly review and approve the conditions for exchanging homes. In these cases, a permit to use the home must be reissued. In cases where the conditions for exchanging homes are unreasonable, homes may not be exchanged.

Article 36 (Moving into the home) 

Citizens who have received permission to use the home must take the relevant procedures, and must move into the home in time. In cases where they do not move into the home in the period determined without a lawful reason, the permission to use the home may be cancelled.

Article 37 (Repayment permit to use the home) 

In cases where citizens were using a home and moved, they must submit the permit to use the home. A permit for use may not be used for a different home without submitting their permit for use for the home that is already in use.

Article 38 (Cohabitation in a home)

In cases where citizens seek to cohabitate, they shall agree with the resident with whom they seek to cohabitate, then must receive the approval of the People’s Committee or the relevant authorities. In cases where the People’s Committee or the relevant authorities have approved a cohabitation arrangement, they must issue a permit to cohabitate.

Article 39 (Transfer or take over of home in cases of a move) 

A citizen who is moving house must correctly hand over the house they were using to the relevant home management institution. In these cases, things such as facilities installed in the home and registered furnishings and equipment must be handed over in their original state. The relevant home management institution must correctly confirm the state of things such as the home, the facilities installed and registered furnishings and equipment onsite and take them over. In cases where things like homes and the facilities installed in them, and registered furnishings and equipment have been removed and taken away been damaged, they must be received after restoring them to their original state.

Article 40 (Managing a home) 

Citizens must cleanly manage the inside and outside of the home. Rural homes shall erect fencing so that it has cultural character and shall plant fruit trees in the surroundings, and things such as livestock pens and warehouses must be economically managed.

Article 41 (Signboard, doorplate of home) 

Citizens must affix a doorplate on the door or front entrance of the home that states the floor, number, and the name of the resident. The home management institution shall attach a sign marking the number of the building by each building, and must attach a signboard stating the district, building, number of the building, front entrance, and Neighborhood Unit at the front entrance of a multi-level home or in a determined place in a single-level home district.

Article 42 (Payment of usage fee) 

Citizens using a home must pay a designated usage fee in time. The work of determining the home usage fee shall be done by the State price determining institution.

Article 43 (Prohibited matters) 

Institutions, enterprises, organizations and citizens may not do the following act. 

1. Acts of issuing a permit to use the home for a home that has not passed pre-delivery inspection or a home that has not been registered

2. Acts of allowing to move in, or moving in, to a home without a permit to use the home

3. Acts of exchanging homes for selfish purposes or other unfair purposes

4. Acts of allowing cohabitation or accommodation in the home upon receiving money or goods, or by placing unfair requirements and conditions

5. Acts of selling and buying homes that are property of the State or illegally lending or brokering to different citizens

6. Acts of illegally making more than two homes into one and using them

7. Acts of demolishing, extending, reconstructing, removing and reconstructing, changing the structure of the home, or damaging facilities installed in the home or damaging registered furnishings and equipment without approval

8. Acts of illegally going into and living in a place that is no longer able to be used as a home

9. Acts of removing and taking, or damaging facilities installed in the home or registered furnishings and equipment upon moving out

10. Acts of installing and operating facilities in a home or underneath it that can cause shocks or vibrations, or detonating explosives close to homes without approval

11. Acts of raising high walls or fences or extending kitchen gardens wider than the designated surface area

12. Other acts of causing interference to the lifespan and management of homes, and beautifying the city

CHAPTER V. MANAGEMENT OF HOMES

Article 44 (Establishment of home management system) 

Home management institutions must do home management in a planned way and using scientific techniques. Homes and their surroundings must always guarantee hygiene and cultural character and must increase the lifespan of the homes.

Article 45 (Division of responsibility over home management) 

Home management institutions shall correctly divide responsibility over home management and must place a responsible manager for each complex. Responsible managers shall have an inspection log, shall normally investigate and record the state of management of the home of the complex under management, and must adopt relevant measures in time in cases where an defect has appeared.

Article 46 (Home protection) 

A home management institution must always service facilities to guarantee the safety of homes such as firefighting facilities and lighting protection systems, and must protect homes from fires or natural damage.

Article 47 (Installation of facilities for publicity or decorative uses) 

In cases where relevant institutions, enterprises and organizations seek to install facilities for publicity or decorative uses above a home or on a wall structure, they must agree with the home management institution. Facilities that impact the safety of a home or can cause interference to beautifying the city may not be installed. In cases where facilities that had been installed above a home or on a wall structure have been taken down, the state of the home must be returned to its original state.

Article 48 (Maintenance cycle of homes) 

The home management institution must strictly abide by the designated home maintenance cycle. The work of deciding a home maintenance cycle shall be done by the central municipal administration guidance institution.

Article 49 (Division of responsibility over home maintenance) 

Home maintenance shall be done by dividing it into large maintenance, medium maintenance, and small maintenance. The large maintenance and medium maintenance of a home shall be done by a home management institution, and small maintenance shall be done by the citizens using the home.

Article 50 (Large maintenance or medium maintenance of homes) 

Home management institutions realistically adopt a large maintenance and medium maintenance plan according to the maintenance cycle and technical state of a home, and must implement it without fail. The large maintenance and medium maintenance plan of a home must receive the approval of the relevant higher level institution.

Article 51 (Guarantee of home maintenance design) 

The maintenance of a home shall be done according to home maintenance designs. The relevant design institution must draft a realistic and scientific home maintenance design and prioritise it to assure the maintenance. A home management institution must assure in time the required technical assignments for the drafting of the home maintenance design.

Article 52 (Small maintenance of homes) 

Citizens using homes must normally do small maintenance on homes to maintain a culturally hygienic living environment. The home management institution may do small maintenance in a home upon the application of citizens. In these cases, citizens must pay the given maintenance charges.

Article 53 (Maintenance, servicing and operation of facilities installed in the home) 

Home management institutions and relevant institutions, enterprises and organizations must normally maintain, service, and operate things such as water and sewage, heating, electricity, communication, broadcast, elevator, sewer facilities so that there is no interference to the residents’ standard of life. In cases where things such as water and sewage, heating, electricity, communication, broadcast, elevator, or sewer facilities are sought to be installed, maintained, or taken down from the home, the agreement of the home management institution must be received.

Article 54 (Demolition, extension, reconstruction, removal and reconstruction, extensions, changes of structure or use of homes) 

In cases where institutions, enterprises, organizations and citizens seek to demolish, extend, reconstruct, or remove and reconstruct a home, they must receive the agreement of the home management institution and must receive the approval of the construction supervision institution. In cases where it is sought to change the structure or use of a home, the approval of the home management institution must be received.

Article 55 (Notifications for defects) 

If citizens discover phenomena such as the foundations of the homes subsiding, cracks appearing in the wall structure or screed, or rain leaks, or water, sewage or heat pipes burst, they must immediately inform the home management institution and relevant institutions, enterprises and organizations. Home management institutions and relevant institutions, enterprises and organizations who have received notification must inquire into the relevant measures in time. 

Article 56 (Guarantee of required funds, resources, and facilities for the management and maintenance of homes)

State planning institutions and relevant institutions, enterprises and organizations must responsibly assure the required funds, resources and facilities for the management and maintenance of the home. The funds, resources and facilities required for the management and maintenance of the home must not be used for a different purpose.

CHAPTER VI. GUIDANCE AND CONTROL OVER WORK IN THE HOMES SECTOR

Article 57 (Guidance for work in the homes sector) 

Guidance for work in the homes sector shall be done by the central municipal administration guidance institution and People’s Committees under the standardized guidance of the Cabinet. The central municipal administration guidance institution and People’s Committee must correctly adopt a guidance system for work in the homes sector and must properly command and guide it.

Article 58 (Operation of Day of Beautifying the City) 

The central municipal administration guidance institution and People’s Committees must plan and conduct work to frugally manage homes and their surroundings in a culturally hygienic way in the Months of Beautifying the City in April and October and the Day of Beautifying the City every first Sunday of each month as determined by the State. Institutions, enterprises, organizations and citizens must actively participate in the work of managing homes and their surroundings.

Article 59 (Supervision and control for work in the homes sector) 

Supervision and control for work in the homes sector shall be done by the municipal administration guidance institution and the relevant supervision and control institution. The municipal administration guidance institution and the relevant supervision and control institution must normally supervise and control the construction, transfer of control, takeover, registration, allocation, use, and updates on management work for homes. 

Article 60 (Suspension and restoration) 

In cases where homes are constructed, extended, reconstructed, removed and reconstructed, or the structure or use is changed in violation of construction order, it shall be suspended. In cases where the structure or use of the home has been changed without approval, it shall be restored.

Article 61 (Recovery of a home) 

Homes may be recovered following in the cases. 

1. In cases where homes that are property of the State have been bought and sold

2. In cases where homes are used without approval 

Article 62 (Administrative responsibility) 

Responsible workers from institutions, enterprises and organizations and individual citizens shall have the relevant administrative liability imposed in the following cases depending on the gravity. 

1. In cases where construction approval has not been received or or a home has been constructed in violation of the construction process

2. In cases where home construction approval has been done recklessly and not in conformity with the requirements of the home construction policy and municipal administration policy of the State

3. In cases where things such as a plot of land for home construction or place of interest has been bought and sold

4. In cases where homes have been constructed in violation of the requirements of design and construction regulations or public law, or labour, resources, or funds have been wasted because of repeat construction

5. In cases where the principles of constructing infrastructure first, then superstructure has been violated

6. In cases where the order of process inspection codes, interim inspections, final inspections, and pre-delivery inspections has been violated

7. In cases where interference has been caused to residents’ standard of life and municipal administration work by not properly installing things such as water and sewage, heating, electricity facilities, or not arranging planning in conformity with the requirements of beautifying the city

8. In cases where acts in Article 43 have been done

Article 63 (Criminal responsibility) 

In cases where acts in Article 62 amounts to a crime, the responsible worker of institutions, enterprises and organizations and individual citizens shall have criminal responsibility imposed according to the relevant provisions of the criminal law.

Last updated 22 September 2020

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