Suggested citations
AGLC4 | 부동산관리법 2011 [Real Estate Management Law of the Democratic People's Republic of Korea (2011)] [tr Daye Gang].
Bluebook | Budongsan Gwanlibeob 2011 [Real Estate Management Law of the Democratic People's Republic of Korea (2011)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on November 11, Juche 98 (2009), as Directive No. 395 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on December 21, Juche 100 (2011), as Directive No. 2052 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF REAL ESTATE MANAGEMENT LAW
Article 1 (Objectives of Real Estate Management Law)
The Real Estate Management Law of the Democratic People’s Republic of Korea shall strictly adopt a system and order in the registration, inspection, use, and usage fee payment of real estate to consolidate and develop socialist property, and shall serve to foster economic construction and raise the material and cultural standards of the people.
Article 2 (Classification of real estate)
Real estate shall be divided into things like land, buildings, facilities, and resources. Land includes agricultural land, residential district land, industrial land, forest land, land for water, and special land; buildings and facilities include things like industrial and public buildings, facilities, and home building; resources include things like underground resources and forest resources.
Article 3 (Principle of attainment of socialist requirements in real estate management)
Real estate is the noble gains arranged by the arduous struggle and creative labour process of our people, and is the material foundation for the construction of a strong and prosperous socialist nation. The State shall strictly abide by socialist requirements in real estate management.
Article 4 (Principle of registration and inspection of real estate)
Strictly doing registrations and inspections of real estate shall be a prerequisite requirement for real estate management. The State shall correctly register real estate by form and use, and must normally inspect them.
Article 5 (Principle of using real estate)
Rationally using real estate is a basic guarantee to raise the societal and economic effectiveness of real estate management. The State shall strictly abide by the designated order in using real estate.
Article 6 (Principle of instituting and applying real estate prices and real estate usage fees)
Real estate prices and real estate usage fees shall be a subsidiary space to strengthen control by the North Korean won in real estate management. The State shall correctly determine real estate prices and real estate usage fees based on scientifically evaluating the value of real estate, and shall correctly apply them.
Article 7 (Principle of protection of all people through real estate)
Actively protecting real estate is the sacred duty of institutions, enterprises, organizations and citizens. The State shall strengthen socialist patriotic education so that all people consider real estate preciously, and participate in that protection work as if they are the owners.
Article 8 (Subject of application of law)
This law shall be applied to institutions, enterprises and organizations, citizens who manage and use real estate. The order of real estate management and use in special economic zones and in foreign country investment enterprises, organizations, and foreigners, shall follow separately determined regulations.
CHAPTER II. DIVIDING RESPONSIBILITIES FOR MANAGING REAL ESTATE
Article 9 (Basic requirements of dividing responsibilities for managing real estate)
Dividing responsibilities for managing real estate is a prerequisite condition to manage real estate well. The Cabinet and relevant authorities must correctly decide the scope and duties of management over real estate for institutions, enterprises and organizations.
Article 10 (Management institutions for land)
The management of land shall be done as follows.
1. Agricultural land shall be managed by agricultural guidance institutions and the institutions, enterprises and organizations that are using them.
2. Forest land and industrial land shall be managed by the land environmental protection institution and the institutions, enterprises and organizations that are using them.
3. Residential district land shall be managed by the municipal administration institution and local political institutions.
4. Land for water shall be managed by the land environmental protection institution or agricultural guidance institution depending on the subject.
5. Special land shall be managed by the relevant institutions, enterprises and organizations.
Article 11 (Management institution for buildings and facilities)
The management of buildings and facilities shall be done by the municipal administration institution and the institutions, enterprises and organizations that are using them.
Article 12 (Management institution for resources)
The management for resources such as forest resources and underground resources shall be done by the land environmental protection institution or the State underground resources development institution depending on the subject.
Article 13 (Management institution for real estate under construction or development)
The management of real estate under construction or development shall be done by the commissioner of the construction and the builder institutions, enterprises and organizations. In these cases, temporary buildings and facilities for the construction or development of the real estate shall also be managed.
CHAPTER III. REGISTRATION AND INSPECTION OF REAL ESTATE
Article 14 (Registration requirements for real estate)
The registration of real estate is important work to command real estate without exception. Institutions, enterprises and organizations must correctly register all real estate.
Article 15 (Real estate registration institution)
The registration of real estate shall be self-registration and State registration. Self-registration shall be done by the institutions, enterprises and organizations that are using the real estate, and State registration shall be done by the relevant real estate management institution.
Article 16 (Registration of real estate in goods or currency)
The registration of real estate shall be done in goods or currency. For real estate that cannot be registered as currency, only the goods shall be registered.
Article 17 (Registration method for land)
The registration of real estate shall be done on the land register and land registration map. On the land registration map must be correctly indicated things such as the classification, lot number, and surface area.
Article 18 (Registration method for buildings and facilities)
The registration of buildings and facilities shall be done on the building register and facilities register. On the register shall be correctly recorded things such as the name of the user of the building or facilities, the surface area under use, the lifespan of the building, and the maintenance cycle.
Article 19 (Registration method of resources)
The registration of resources shall be registered on the relevant register based on a correct calculation of the resources volume.
Article 20 (Real estate inspection)
The real estate management institution and relevant institutions, enterprises and organizations must normally do real estate inspections. Real estate inspections shall be divided into regular inspections and overall inspections, and shall be done by the method of comparing and confirming the amount and true state of the goods of the relevant real estate to the register.
Article 21 (Real estate inspection update report)
Institutions, enterprises and organizations conducting the real estate inspection must report the update in time to a higher level institution and the relevant real estate management institution.
CHAPTER IV. USE OF REAL ESTATE
Article 22 (Basic requirements of using real estate)
Institutions, enterprises, organizations and citizens must rationally and effectively use real estate in conformity with the requirements of the State’s interests.
Article 23 (Permission to use real estate)
In cases where institutions, enterprises, organizations and citizens seek to use real estate, and must receive approval from the relevant real estate use approval institution according to the subject. Real estate that has not been approved may not be used, and may not receive legal protection.
Article 24 (Application for permission to use real estate)
Institutions, enterprises, organizations and citizens seeking to use real estate must submit a permission for use application document to the relevant real estate use approval institution. In cases where things such as the use of real estate is sought to be changed, a permission to use real estate must be received again.
Article 25 (Particulars to be recorded on the permission to use real estate application document)
Things such as the name of the applicant, the name of the real estate, and its location, use, and surface area must be stated in detail on the permission to use real estate application document, and the relevant materials shall be attached. In cases where real estate is sought to be temporarily used, the period for use shall also be stated.
Article 26 (Approval to use real estate)
An institution that has received a permission to use real estate application document shall review it within 30 days and must approve or reject it. In cases where real estate use has been approved, a permit to use the relevant real estate shall be issued to the applicant institution, enterprise, organization, or citizen.
Article 27 (Reissue of permit to use real estate)
In cases where a permit to use real estate has been lost or damaged, institutions, enterprises, organizations and citizens using real estate shall inform the real estate use approval institution in time and must receive a reissue.
Article 28 (Requirements to abide by use of real estate)
Institutions, enterprises, organizations and citizens must abide by the following requirements in the use of real estate.
1. Revolutionary battlefields, revolutionary historic sites, historical site artefacts, and natural monuments must be well preserved.
2. Nature and ecological environment must be protected, and the concentration of population and pollution of the city must be prevented.
3. The building or facilities plot area standards must not be exceeded.
4. Land must not be abused, and farmland may not be intruded into or made unusable.
5. The surrounding environment and facilities must not be destroyed while gathering resources.
6. Acts must not be done to buy or sell real estate.
Article 29 (Prohibition of changes of structure or use of real estate)
Institutions, enterprises, organizations and citizens using real estate may not change the structure or use of real estate without the approval of the real estate management institution.
Article 30 (Prohibition of handing over or lending real estate)
Real estate may not be handed over or lent out to other institutions, enterprises, organizations and citizens without the approval of the relevant authorities.
Article 31 (Repayment of real estate)
Institutions, enterprises and organizations must submit to the State in time any plots of land, buildings, and facilities that exceed standards, or are left over, or are not used. Relevant local political institutions must adopt measures to rationally use real estate submitted to the State.
CHAPTER V. PRICE AND USAGE FEE OF REAL ESTATE
Article 32 (Basic requirements of application of real estate price and usage fee)
Real estate price is a monetary expression of real estate value, and real estate usage fees are funds paid to the State budget as the cost of institutions, enterprises, organizations and citizens using real estate. Institutions, enterprises, organizations and citizens must pay designated real estate usage fees in time according to the real estate price.
Article 33 (Institution of real estate prices and real estate usage fees)
Real estate prices and real estate usage fees shall be determined by the State price determining institution. The State price determining institution shall responsibly manage real estate and shall scientifically institute the price and usage fee of real estate so that it can be effectively used.
Article 34 (Compulsory payment of real estate usage fees)
Institutions, enterprises, organizations and citizens using real estate must compulsorily pay real estate usage fees. The payment subject, process, and method of real estate usage fees shall be determined by the central financial guidance institution.
Article 35 (Real estate usage fees payment registration)
Institutions, enterprises, organizations and citizens who have received permission to use real estate must do real estate usage fees payment registration with the relevant financial institution in time. Institutions, enterprises, organizations and citizens that have not done the real estate usage fees payment registration may not use real estate.
Article 36 (Place and period for real estate usage fees payment)
The payment of real estate usage fees shall be done to the financial institution in the area concerned. Institutions, enterprises, organizations and citizens using real estate must pay the real estate usage fees within the period determined.
CHAPTER VI. GUIDANCE AND CONTROL OVER REAL ESTATE MANAGEMENT WORK
Article 37 (Basic requirements of guidance and control over real estate management work)
Strengthening guidance and control over real estate management work is an important guarantee to correctly attain the real estate management policy of the State. The State shall strengthen guidance and control over real estate management work in conformity with the requirements of actual development.
Article 38 (Guidance over real estate management work)
Guidance for real estate management work shall be done by the relevant central bodies under the standardized guidance of the Cabinet. The relevant central bodies shall normally command and guide real estate management work.
Article 39 (Consideration of issues for real estate policy implementation)
The relevant central bodies shall consider in time important issues raised in the State’s real estate policy implementation with related institutions, enterprises and organizations, and must adopt relevant measures.
Article 40 (Cooperation in real estate management work)
Relevant central bodies must strengthen cooperation between real estate management institutions. Materials related to real estate management shall be shared among each other.
Article 41 (Guarantee of conditions in real estate management work)
State planning institutions, labour administration institutions, resources supply institutions, financial banking institutions, and local political institutions must assure labour, facilities, resources, and funds required for real estate management in time. Labour, facilities, resources, and funds required for managing real estate may not be used for another purpose.
Article 42 (Supervision and control for real estate management work)
Supervision and control for real estate management work shall be done by the relevant central bodies and the supervision and control institution. The relevant central bodies and supervision and control institution must strictly supervise and control the state of real estate management.
Article 43 (Recovery of original state, damage compensation, suspension of use)
In cases where real estate has been destroyed or damaged, the original state shall be recovered, or the relevant damage shall be compensated. In necessary cases, the use of the relevant real estate shall be suspended, or the permit to use real estate may be recovered.
Article 44 (Application of penalties, confiscation of income)
In cases where the order of registration, inspection, use, and payment of real estate usage fees of real estate has been violated, causing interference to real estate management work, the relevant penalty shall be imposed. For income obtained unreasonably by using real estate without receiving the approval of the State, the full sum shall be confiscated.
Article 45 (Dispute resolution)
Disputes occurring related to real estate management shall be resolved by method of agreement, and in cases where they cannot be resolved by method of agreement, they shall be raised and resolved by arbitration or court.
Article 46 (Raising and handling complaints)
In cases where institutions, enterprises, organizations and citizens have an opinion related to real estate management, a complaint may be raised with the relevant institution. The institution that received the complaint must investigate and resolve it in time.
Article 47 (Administrative or criminal responsibility)
Responsible workers of institutions, enterprises and organizations and individual citizens who have violated the order of real estate management and caused grave consequences shall have administrative or criminal responsibility imposed depending on the gravity.
Last updated 4 June 2021