On the 7th, a terrace structure collapsed at a newly built apartment complex in Songdo, Incheon.
The number of defects filed at the same complex is 5만 7,296 cases.
There is something to look at before that number: how long residents can demand repairs.
3-line summary
1. The claim period for defects at the Songdo apartment varies by type.
2. Wallpapering and tile work have a 2-year period, while load-bearing structural components have a 10-year period.
3. The first things to check are the move-in date and the type of defect.
What Happened in Songdo
On the morning of the 7th, an open-terrace structure and lower exterior cladding at one unit of Luxe Ocean SK View in Songdo-dong, Yeonsu-gu, Incheon, collapsed and fell. No one was injured because the unit was vacant.
It is a 1,114-unit complex built by SK ecoplant. According to Yonhap News Agency, move-ins began in March last year, and 5만 7,296 cases of defects have been filed since then. Wallpapering accounted for 8,873 cases, plastering for 6,364, and tile work for 4,778. Of these, 5만 4,101 cases have been repaired, and 3,195 cases remain.
On the 11th, Rep. Jeong Il-young of the National Assembly’s Land, Infrastructure and Transport Committee said the Ministry of Land, Infrastructure and Transport should directly inspect both the cause of the accident and the structural safety of the entire complex. Some residents are demanding a complete reconstruction.
Whether there are 5만 defect cases or 5 cases, the law sets the period during which repairs may be demanded.
Defects Are Not a Single Category
There is no single answer to the question, “How many years is the defect-repair period for our apartment?” That is because the periods differ by type of construction work.
The periods set by the Enforcement Decree of the Multi-Family Housing Management Act are as follows.
| Type of construction work | Period |
|---|---|
| Finishing work — plastering, wallpapering, painting, tile work, etc. | 2 years |
| Outdoor water-supply and sanitation-related work | 3 years |
| Reinforced concrete, waterproofing, roofing, landscaping | 5 years |
| Load-bearing structural components and ground work | 10 years |
Even within the same home, peeling wallpaper, a water leak, and a crack in a wall each operate on a different clock.
That distinction is evident in the Songdo case. Wallpapering, plastering, and tile work—the most frequently filed defects—are all 2-year finishing-work items. The collapsed terrace structure, by contrast, is not a finishing item. If it is confirmed to be related to structural safety, a much longer period applies.
The figure of 5만 7,296 cases may appear to be heading toward a single deadline, but in reality it consists of items with different expiration dates.
When Do Those 2 Years Start?
The starting point is also divided into two categories.
For the inside of one’s own home—namely, the exclusive-use portion—the period is counted from the date it was delivered to the resident. It is not the contract date or the date of final payment. It is the date the keys were received.
For the common areas used by everyone, such as hallways or exterior walls, the period is counted from the date of the use inspection. Even in the same complex, defects inside one’s home and defects outside have different expiration dates.
Move-ins at the Songdo complex began in March last year. For households that moved in then, the 2-year period for finishing work ends around March next year. If finishing-work items are included among the 3,195 cases that remain, that means there is not much time left.
Where to Go When the Builder Will Not Make Repairs
If a request for defect repairs is not accepted, it does not mean a lawsuit must be filed immediately.
The Ministry of Land, Infrastructure and Transport has a Defect Review and Dispute Mediation Committee. You may ask it to determine whether something qualifies as a defect (defect review), or to mediate a dispute over repair responsibility. Applications are submitted through the Defect Management Information System.
Processing takes 60 days for defects inside one’s home and 90 days for common areas, and may be extended once by up to 30 days. If mediation is reached, the written mediation agreement has the same effect as a judicial settlement. That means it is treated with the same weight as a judgment.
The reason this system exists is that it is faster and less costly than litigation. However, defects for which the period has expired cannot be restored through this procedure either. The system provides a channel for review; it is not a device that stops the clock.
What to Check Today
If you moved in not long ago, it is better to write down two things.
First, the date you received the keys. The period for the exclusive-use portion begins there. It is the delivery date, not the date on the contract.
Second, record a defect on the day you find it. Photos and the filing date must remain so that you can later show it was within the applicable period. If you file through the management office, a record will remain as well.
The striking point in this accident is not the number of defect cases. It is that residents have come to worry about safety even though 5만 4천 cases were repaired. Repairing wallpaper and tile, and the collapse of a structural element, are issues of different character—as different as the legal periods set for them.
References
- Yonhap News Agency 'Exterior-Wall Terrace Collapse' at Newly Built Songdo Apartment: Defect Filings Alone Total 5만7천 Cases
- Herald Economy A Collapse Just 1 Year After Move-In — Incheon Songdo Apartment Has 5만7000 Defect Cases
- Easy-to-Find Practical Law Information Scope of Apartment Defects and Defect Warranty Liability Period
- Korea Authority of Land & Infrastructure Safety Guide to Defect Review and Dispute Mediation Procedures
- Ministry of Land, Infrastructure and Transport Defect Management Information System
The determination of individual cases varies by circumstance. Please confirm the period and procedures applicable to your home with the management office or the Defect Review and Dispute Mediation Committee.