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Office Leasing Guidelines |
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The following is the most frequently asked questions in renting office space |
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in Seoul by expatriate firms and diplomatic missions. |
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Hopefully the below brief description of lease practices in Seoul would be helpful for your finding |
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a proper space. |
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There can be three basic types of lease for all kinds of realty properties in Korea. |
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The primary conception of lease in Korea is Chonse, while the other two, deposit-plus-monthly rent lease |
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and rent-advance lease without deposit, are variations of Chonse. |
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A few other name could be used for Chonse, like key money lease, total deposit lease, exclusive deposit lease. |
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Chonse is traditional conception of Korean lease by paying huge deposit to landlords without any monthly rent. |
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The interest of Chonse amount is deemed as monthly rent or income to landlords. |
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The Chonse price per pyung(=3.3 §³) varies between W 2,500,000-W 10,000,000, depending on locations |
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and quality of buildings. The total amount of Chonse, without bearing any interest, shall be refunded upon expiration |
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or termination of lease. |
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In Chonse lease, it is highly advisable that tenants should go through relevant legal protection procedures in |
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cooperation with the landlords since the amount of Chonse is usually very high. In terms of tenants protection, |
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there is no proper specific regulations or laws in the case of commercial properties. About half of Korean tenants |
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take this Chonse lease while it is rather seldom for expatriate firms. On the part of tenants this Chonse system is |
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more economical in the long run, but the high amount of Chonse would be burdensome and affect the cash flow |
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of initial period of business operation. However, these days, some expatriate tenants take this Chonse because |
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of its economic gains or landlord's persistence to Chonse. |
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When the high of amount of Chonse is too burdensome for tenants, in many cases it is compromisable between |
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landlords and tenants by paying 10 - 50% of Chonse as deposit(also refundable) and paying interest of remaining |
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portion of Chonse as monthly rent. This compromised average deposit per pyung differs from W 250,000 in Kangnam |
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to W800,000 in CBD for prime office space while monthly rent to be paid ranges W25,000 and W90,000 per pyung |
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respectively in Kangnam and CBD. The core issue of this conversion is the rate of interest to be applied for remaining |
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portion of Chonse, which can be argumentative sometimes. The rate differs widely from 9% p.a. (per annum) in prime |
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building of CBD to 18% p.a. in Tehran Road of Kangnam. This large gap is kind of unanswerable real estate market logic. |
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The ordinary amount of deposit these days is equivalent to 10 - 12 months' rent. |
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The typical lease is one year, renewable upon mutual agreement and readjustment of all relating rental charges. |
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These years 2 or 3 years lease are accepted by landlords without much hassle. Leases longer than 4 years |
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or shorter than one year are quite rare because of landlords' reluctance. However, for temporary office seekers, |
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small furnished units between 5 - 20 pyung are available for short term lease in a few business centers of Seoul. |
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Monthly rentals are relatively higher than regular office space, but deposit is equivalent to one month rent only. |
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Rent( referring Chonse, deposit, monthly rent, utilities ) is readjusted annually. Even under the longer period lease, |
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landlords are entitled to review the rent annually. Legally (Civil Code 628) rent can be reviewed less than one |
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year period. However, landlords seldom exercise this right. |
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The time of annual readjustment is usually end of year or spring time of year. The ratio of increase scarcely |
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exceeds more than 10%, which is partly linked to the prevailing rate of inflation as well as market level. |
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There used to government guidelines of 5% per year for increase, which is meaningless under hectic market |
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situations. CPI is more or less about 5% during last 10 years (between 1987 - 1997), however, when rent of |
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Kangnam has plunged about 35% during the IMF bailouts. |
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Some embassies are paying rent 2 or 3 years' rent in advanced without any deposit to freeze the rent during |
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the lease period. |
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Monthly rent refers specifically to the charge for the accommodation only and is usually charged separately from the |
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additional charges. Airconditioning, heating, cleaning, security, maintenance are classified as utilities and management |
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cost, which shall be at the account of tenants, ranging W 20,000 - W 30,000 per pyung. |
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Efficiency ratio means net usable size over gross size to rent that usually includes common area space. |
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The common area generally includes lobby, corridors, staircase, elevator, parking, other areas that should be shared |
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by all the tenants of the building. The average efficiency ratio in CBD is about 60% and in Kangnam about 55%. |
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Since 1990, the ratio is diminishing every year to the extreme degree of 40% because of huge underground parking |
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and increasing portion of common area in new buildings these years. |
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Even if the lease is made between two large corporation, it is deemed very private matter. So usually an indivisual tenancy |
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agreement is signed which varies in detail between landlords. The lease text itself is very disputable between the Korean |
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landlords and foreign tenants mainly because of different conception of lease practices. Lease text is a symbol of acute |
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confrontation of interest between both parties. However, compromised amendment to lease agreement is possible |
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through negotiation. |
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Since the revision of Aliens' Land Acquisition Law in 1994, most of expatriate firms in Korea were allowed to purchase |
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real estate property for their business purposes, such as residential properties for staffs, commercial for office and retail |
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for shop outlets, industrial for manufacturing factory. Only a few business classified as entertaining or harmful for public |
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morals were prohibited to own realty. But as of June 1998, the market is completely open to alien investors. |
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Red tapes in foreign ownership have diminished drastically these years to boost investment environments to the degree |
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that the realty can be purchased by a simpler report to relevant authority, regardless the legal status of purchasers. |
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The typical sales price by strata title for office space ranges W6,000,000 - W12,000,000 per pyung, Size of one floor runs |
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from 150 pyung to 600 pyung. (1 pyung equals to 3.3§³) |
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Basically landlords provide new coat of painting, clean floor and repair of fittings such as lighting and partition. However, |
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expatriates firms tend to renovate and refurnish the space to their own tastes, which normally cost for (medium high quality) |
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W1,500,000 ~ W1,800,000 per pyung for interior redecoration and furnishing. At the end of the lease the property must |
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be reinstated to the conditions it was at the beginning with the exception of fair wear and tear. When tenants neglect this |
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obligation, these costs could be deducted from deposit before it is returned by the landlord. |
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It depends on the market situation, but usually quality buildings are reluctant to rent less than 100 pyung in gross. |
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Particularly under the hectic market, to get small size in quality building is extremely difficult. In the case of Kangnam |
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office, they used to rent on floor bases of which size is between 200 - 450 pyung. |
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Now they are much more flexible since financial crunch in 1997. However, should it be a B class office or officetel |
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(office plus apartment), it is not difficult to find small size for 2 - 3 persons in the size of 25 - 30 pyung. |
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Regular office space above 3rd level doesn't have rental difference between floors, which is legally registered as an office. |
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However, 1st and 2nd floor have different rental to the point of 2.5 times of normal office rent since 1st and 2nd floors are |
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officially registered for bank, retail or showroom, which is based on the perception that lower floors provide easy access |
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for customers. |
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Upon payment of full deposit leases are legally binding. However, change of ownership or legal custody on the premises |
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can jeopardize the lease in terms of commercial properties in Korea unless the tenants have protective mortgage or |
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relevant protection court procedures on the property or at least lease registration by law. As to extension of lease upon |
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expiration it is common for tenants to be granted the option to renew their leases at a readjusted rental. However, the option |
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is a conditional option executable upon mutual agreement of yearly rental readjustment. However, in most cases the option |
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is as safeguard since landlords seldom risk losing current tenants in their premises by asking higher rent than normal market. |
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It is possible to terminate the lease at the request of tenants, but it varies from case to case. Sometimes tenants should pay |
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a couple of months rent as liquidate damage after serving a specified period by lease or they should wait until the premises |
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is re- rented to collect the deposit or Chonse amount. |
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