here's what you need to know about the defect repair process, how long you're liable for defects, and how to apply for a repair deposit.
1. why new apartment defect cases are on the rise
residents of newly built apartments are facing a growing problem. this is because cracked walls, unexplained noises, and foul odors have been occurring within a year of moving in. A recent case in point is the controversy over defects in a large new apartment building in Gangdong-gu, Seoul.
experts pointed to the possibility that the concrete was not properly cemented during the construction hiatus, causing cracks. The construction company said it would conduct a full investigation and a detailed safety inspection, but residents are still worried.
in another new apartment building in Gangnam-gu, the underground parking lot of a new apartment building leaked during heavy summer rains, causing great inconvenience to residents. As such, defects in apartment buildings can go beyond simple finishes and lead to structural defects, so early response is crucial.
2. how long is the warranty period?
when a defect occurs in an apartment building, residents can seek compensation from the builder. according to Article 45 of the Housing Act, the contractor is obligated to repair the defect free of charge from the day the apartment is handed over to the resident for a period of time determined by the facility.
specifically, defects in the main structure of the building are covered for 10 years, rebar and steel for 5 years, general facilities for 3 years, and finishing materials for 2 years. if you have a problem with wallpaper or flooring within two years of moving in, the construction company must repair it for free.
however, it is important to check the exact date of delivery of the apartment you moved into, as the period is calculated based on the date of inspection or approval.
3. how to use the Defect Review and Dispute Mediation Committee
if a construction company refuses to repair defects or responds lukewarmly, residents can seek help from the Defect Review and Dispute Mediation Committee under the Ministry of Land, Infrastructure, and Transport.
in fact, according to MOLIT statistics, the number of defect disputes increased from 3,954 in 2019 to 4,663 in 2024, and by August 2025, 3,525 cases had already been filed. On average, more than 4,200 defect issues in apartment buildings are handled here every year.
applications for defect review and dispute mediation can be made through a resident representative meeting or individually by a resident. however, it's worth noting that the committee's decision is not legally binding, and can only be used as a reference in civil lawsuits.
4. how to pay for repairs yourself
if the dispute with the builder becomes protracted, there is another option for residents to fix the defects themselves. this is called a defect repair deposit.
a defect repair deposit is a system in which a business owner deposits or subscribes to a guarantee for the duration of the liability period to ensure that defects are repaired. the tenants' association claims the deposit from the bond issuer, and you can use the money to repair the defects yourself.
the advantage of this method is that you can resolve problems quickly without waiting for the construction company to cooperate. however, it requires a procedure through the resident representative council, so you need to build consensus among residents.
5. a checklist of responses that residents should know
when a defect is found in an apartment, it is important to respond systematically in the following order.
first, as soon as you discover the defect, you should capture evidence with photos and videos. the passage of time can make it difficult to determine the cause of the defect.
second, file a formal complaint through your resident representative council. organized action, rather than individual responses, may elicit a more proactive response from the builder.
third, be sure to check the liability period for defects and complete your repair request within it. it is difficult to obtain legal protection after the period has passed.
fourth, if the construction company's response is insufficient, consider filing a complaint with the Defect Review and Dispute Mediation Committee or using the Defect Repair Deposit to pay for repairs yourself.
fifth, it's a good idea to seek legal advice if necessary. in the case of serious defects, such as structural defects, you may also want to consider a class action lawsuit.
closing thoughts
defects in newly constructed apartments are an important issue that directly affects the property rights and safety of residents. if you find a defect, it's important to quickly gather evidence within the liability period and organize an organized response through a resident representative meeting.
have you ever had to deal with a defective apartment? share your experience in the comments, and hit the subscribe button for more useful information. you'll receive more real estate tips in our newsletter.
frequently asked questions
Q. my apartment is 5 years old and there's a crack in the wall, can I request a repair?
A. If the wall is part of the main structure, you have a 10-year liability period, so you can request free repairs from the construction company. however, if it is a simple finish crack, the warranty period may have expired after 2 years, so you need to check the exact type of defect.
Q. what should I do if the construction company refuses to repair the defect?
A. First of all, you can apply to the MOLIT Defect Review and Dispute Mediation Committee for review and mediation. if the contractor fails to comply despite the committee's decision, you can consider filing a civil lawsuit or requesting a defect repair deposit and repairing the defect yourself.
Q. can anyone apply for a defect repair deposit?
A. It is common to apply for a defect repair deposit through a resident representative meeting. it is difficult for an individual resident to apply directly, and the resident representative council must agree on the amount and submit a claim to the bond issuer.
Q. is the decision of the Defect Review and Dispute Mediation Committee legally binding?
A. The committee's decision is a recommendation and is not legally binding. However, it can be used as an important reference in civil litigation in court, so it can be a practical help in resolving disputes.
Q. how do I obtain evidence of defects in my apartment?
A. As soon as you notice a defect, take dated photos and videos from multiple angles. if possible, include a measuring tool to clarify the size of the defect and document the situation when you discovered it.