Resale restrictions on apartment pre-sale rights (bunyanggwon) split into 3 years, 1 year, or 6 months within a 10-year cap depending on region and housing type — and in some cases there is no restriction at all. Even for the same apartment, when you can sell changes with its region and the regulations it falls under. To know when your pre-sale right unlocks, first check whether it is in a regulated zone, whether the price-cap system (bunyangga sanghanje) applies, and whether it sits on public land.

This piece rebuilds the region-and-type periods into tables based on the Housing Act resale-restriction standard organized by Korea's Easy Law service, then plugs in the winner-announcement date to compute the actual resale-eligible timing.

10 yrsStatutory resale-restriction cap
3 yrsMetro speculation/price-cap public land
6 moMetro-city urban area (non-public land)

달력에 날짜를 표시하며 전매 가능 시점을 계산하는 모습

How Many Years Is Mine Locked? Table by Region and Type

The Housing Act restricts resale within 10 years for housing supplied by developers in speculative overheated zones, adjustment-target areas, price-cap housing, and non-public-land sites. The actual period splits by region (whether in the metro area) and type as follows.

Housing typeRegionRestriction period
Speculative overheated zoneMetro area3 years
Speculative overheated zoneNon-metro1 year
Adjustment-target (overheated)Metro area3 years
Adjustment-target (overheated)Non-metro1 year
Price-cap (public land)Metro area3 years
Price-cap (public land)Non-metro1 year
Price-cap (non-public land)Metro over-congestion zone1 year
Price-cap (non-public land)Metro-city urban area6 months
Other areasNon-metro, unregulatedNone

Two axes matter. Whether it is in the metro area splits the period into 3 years versus 1 year, and whether it is public land governs the restriction strength for price-cap housing. Non-metro units that are neither in a regulated zone nor under the price cap may have no resale restriction at all. But regulated-zone designations change over time, so judge by the designation status at the time of the resident-recruitment notice.

When Can You Sell? Plugging In the Announcement Date

The restriction period generally counts from the winner-announcement date, not the contract date. Adding the period to the announcement date gives the date resale becomes possible. Assuming an announcement date of March 15, 2026, the types map as follows.

Case (region/type)RestrictionResale-eligible date (from 2026-03-15 announcement)
Metro speculative overheated zone3 years2029-03-15
Metro price-cap non-public land (over-congestion)1 year2027-03-15
Metro-city urban area (non-public land)6 months2026-09-15
Non-metro unregulated/non-price-capNonePer the recruitment notice

Resale restrictions count from the winner-announcement date, not the contract date — signing a month later does not push your sellable date a month back.

For the same March 15 announcement, a metro speculative zone unlocks in 2029, while a non-price-cap metro-city unit unlocks that September. The gap between 3 years and 6 months reshapes the entire funding plan. Since regulated-zone status also links to tax judgments like acquisition and capital gains tax, checking the order of property tax judgment alongside makes designing the sale timing easier.

분양 사무소 창밖으로 아파트 공사 현장을 바라보는 모습

If Regulation Is Lifted, Does the Restriction Disappear?

When a regulated-zone designation is lifted, resale restrictions on housing supplied afterward tend to ease. But a pre-sale right contracted while already under a restriction follows the standard at the time of the notice in principle, so it is hard to conclude that 'regulation is lifted now, so I can sell immediately.' The easing trend and its pitfalls were also covered by Junggi Economy. Contracting based on easing news alone can make you miss your own unit's counting-start date and applicable standard.

Resale restriction must also be distinguished from the residency obligation. If resale restriction is about 'from when can you sell,' the residency obligation is about whether some housing (such as price-cap units) requires actually living there for a set period after move-in. They are separate rules, so one can remain after the other ends. As much as competing on points at the application stage, it is better to calculate these two post-winning restrictions in advance — the point structure itself is covered in three common errors in subscription point calculation.

공인중개사 사무소에서 분양권 관련 서류를 상담하는 모습

There Are Exceptions to the Restriction

Even during the restriction period, some grounds allow resale as exceptions. Typical cases include the entire household relocating to another metropolitan city or city/county for work, livelihood, disease treatment, schooling, or marriage; the whole household moving into an inherited home; the entire household emigrating abroad; and a pre-sale right transferring to a spouse through divorce. But such exceptions have strict requirements and need documentation — merely 'wanting to sell' does not qualify.

If it is unclear whether you qualify, it is safer to confirm in advance with the developer or the relevant authority. Even with a valid ground, some cases require the developer's consent or a buyback procedure, and disputes often arise from transferring on one's own judgment. It is better to understand exceptions not as an escape hatch but as a narrow channel for unavoidable circumstances.

What Happens If You Violate It?

Transferring a pre-sale right during the restriction period is treated as disrupting supply order and becomes subject to sanctions. The developer may buy it back first, the contract may be canceled or clawed back, and subscription eligibility may be restricted for a period. Responding to an improper resale because 'everyone around does it' risks nullifying the winning itself, so confirming the counting-start date and applicable standard in documents is the safe path.

해질녘 신축 아파트 단지 앞을 지나는 가족

What to Check

  • Regulated-zone status — judge by the speculative/adjustment designation at the time of the recruitment notice.
  • Public-land status — for price-cap housing, restriction strength splits on whether it is public land.
  • Counting-start date — counted from the winner-announcement date, not the contract date.
  • Coexisting residency obligation — check whether a residency requirement remains separate from resale restriction.
  • Scope of easing news — assess whether deregulation applies retroactively to your right, or the notice standard prevails.

References