[Background]
1. According to the revised "Officetel Building Standards" (Ministry of Land, Infrastructure and Transport Notification, December 30, 2024), the abolition of floor heating regulations for officetels with an exclusive use area exceeding 120 square meters has made actual residential living possible in such units.
Accordingly, it is necessary to include development projects for officetels exceeding 120 square meters in exclusive use area under the scope of the "School Land Act." This imposes an obligation on the developers of such projects to develop school lands and pay school land charges, thereby securing the necessary financial resources for acquiring school sites.
2. Following the revision of the "School Land Act" (June 3, 2026), a new method has been introduced allowing project developers to pay the costs for securing school lands or installing school facilities in cash.
Note: Previously, only in-kind donations were possible, and in the case of such donations, the school land charge was exempted.
As the revised provisions delegate the necessary details—such as calculation standards, payment methods, usage, and payment timing for cash payments—to be prescribed by the Enforcement Decree, it is necessary to establish regulations regarding these matters.
[Main Points]
1. Expansion of the scope of officetels subject to the School Land Act
Officetels with an exclusive use area exceeding 120 square meters are now included as subjects of the School Land Act, granting obligations to develop school lands* and imposing school land charges.
Note: This applies only to development projects of 300 units or more, and development may be exempted based on the opinion of the Superintendent of Education.
2. Establishment of regulations on calculation standards, payment methods, usage, and payment timing when paying costs for securing school lands or installing school facilities in cash:
- Calculation Standards: The developer shall calculate the amount in consultation with the Superintendent of Education, taking into account all relevant factors. As a rule, the scope should fall within the range of the school land charge, but it can be determined differently through mutual agreement between the parties.
- Payment Method: The Superintendent of Education shall establish and operate a separate fund to systematically manage and utilize the cash received from developers.
- Usage: The fund created from cash payments can only be used for the purposes of securing school lands and installing school facilities.
- Payment Timing: The developer is required to pay the amount calculated in consultation with the Superintendent of Education prior to the date of signing the sales/supply contract*.
Note: Under the "Enforcement Decree of the School Land Act," to calculate the school land charge, the developer is required to submit sales data within 30 days from the date of signing the initial sales/supply contract.