노후 계획도시 특별법
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ㆍ 2024년 4월 27일 법령 시행에 따른 법률 해설서
ㆍ 노후계획도시정비사업에 관한 실무 중심의 완벽 가이드
ㆍ 조문 순서대로 입법취지 설명, 복잡한 절차는 도표로 정리
ㆍ 법조계, 공무원, 정비사업조합, 건설사 전문가, 신도시 주민 필독서
ㆍ ‘재개발·재건축 이론과 실무’의 저자 집필
첫째, 조문 순서대로 그 입법취지를 설명하는 형식을 취하면서 제정 과정에 검토하였던 자료 등을 토대로 내용을 충실하게 구성하였고, 도표를 충분히 삽입하여 이해를 돕고자 하였습니다.
둘째, 현실감 있는 실무서가 되도록 하였습니다. 법 이론에 치우치지 않도록 각 사업단계별 내용 및 절차를 자세히 설명하고, 실무 중심으로 기술하였습니다.
셋째, 각 조문과 관련한 입법례와 관련 자료를 수록하여 유사 사안을 쉽게 찾을 수 있도록 함으로써 조문 내용을 이해하기 쉽게 하였습니다.
ㆍ 2024년 4월 27일 법령 시행에 따른 법률 해설서
ㆍ 노후계획도시정비사업에 관한 실무 중심의 완벽 가이드
ㆍ 조문 순서대로 입법취지 설명, 복잡한 절차는 도표로 정리
ㆍ 법조계, 공무원, 정비사업조합, 건설사 전문가, 신도시 주민 필독서
ㆍ ‘재개발·재건축 이론과 실무’의 저자 집필
첫째, 조문 순서대로 그 입법취지를 설명하는 형식을 취하면서 제정 과정에 검토하였던 자료 등을 토대로 내용을 충실하게 구성하였고, 도표를 충분히 삽입하여 이해를 돕고자 하였습니다.
둘째, 현실감 있는 실무서가 되도록 하였습니다. 법 이론에 치우치지 않도록 각 사업단계별 내용 및 절차를 자세히 설명하고, 실무 중심으로 기술하였습니다.
셋째, 각 조문과 관련한 입법례와 관련 자료를 수록하여 유사 사안을 쉽게 찾을 수 있도록 함으로써 조문 내용을 이해하기 쉽게 하였습니다.
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제1장 총 칙
제 1 조 (목적) ··············································································································· 3
Ⅰ. 조문 취지 ········································································································ 3
Ⅱ. 조문 내용 ········································································································ 4
1. 입법 배경 ··································································································· 4
가. 주택 노후화로 인한 주민들의 삶의 질 저하 ······························· 4
나. 현행 도시정비제도의 한계 ······························································ 5
다. 도시기능 향상과 미래도시로 재창조 ············································ 5
2. 입법과정 및 제명 ····················································································· 6
3. 제정이유 및 주요내용 ············································································· 8
가. 제정이유 ······························································································ 8
나. 주요내용 ······························································································ 9
4. 구성체계 ··································································································· 14
가. 노후계획도시정비법령 ···································································· 14
나. 행정규칙 등 ······················································································ 14
다. 구성체계 ···························································································· 15
5. 노후계획도시정비사업의 절차 ····························································· 18
Ⅲ. 관련 법령 ······································································································ 19
제 2 조 (정의) ············································································································· 22
Ⅰ. 조문 취지 ······································································································ 23
Ⅱ. 조문 내용 ······································································································ 24
1. 노후계획도시 ··························································································· 24
가. 노후계획도시의 의의 ······································································ 24
나. 노후계획도시의 요건 ······································································ 24
2. 노후계획도시정비기본방침 ··································································· 28
3. 노후계획도시정비기본계획 ··································································· 29
4. 노후계획도시특별정비예정구역 ··························································· 30
5. 노후계획도시특별정비구역 ··································································· 30
6. 노후계획도시 정비사업 ········································································· 30
가. 「도시정비법」에 따른 재개발사업 및 재건축사업 ················ 30
나. 「주택법」에 따른 리모델링사업 ················································ 32
다. 「공공주택 특별법」에 따른 공공주택사업 ······························ 32
라. 「도시개발법」에 따른 도시개발사업 ········································ 33
마. 「국토계획법」에 따른 도시?군계획시설사업 ·························· 33
바. 「대도시권 광역교통 관리에 관한 특별법」 제2조제2호 각 목의
광역교통시설을 확충하기 위한 사업 ·········································· 33
사. 「국가통합교통체계효율화법」에 따른 복합환승센터 개발사업 34
아. 「스마트도시 조성 및 산업진흥 등에 관한 법률」에 따른
스마트도시건설사업 ········································································ 35
자. 「역세권의 개발 및 이용에 관한 법률」에 따른 역세권개발사업 35
차. 그 밖에 특별시장?광역시장?특별자치시장?특별자치도지사?시장
또는 군수가 노후계획도시정비기본계획의 시행에 필요하다고
인정하는 사업 ·················································································· 35
7. 토지등소유자 ··························································································· 35
Ⅲ. 관련 법령 ······································································································ 36
제 3 조 (다른 법률과의 관계) ················································································· 44
Ⅰ. 조문 취지 ······································································································ 44
Ⅱ. 조문 내용 ······································································································ 44
1. 다른 법률과의 관계 ··············································································· 44
2. 개별법의 「노후계획도시정비법」에의 부합 ··································· 45
Ⅲ. 관련 법령 ······································································································ 45
제2장 노후계획도시 정비를 위한 추진체계
제 4 조 (노후계획도시정비기본방침의 수립) ······················································· 47
Ⅰ. 조문 취지 ······································································································ 47
Ⅱ. 조문 내용 ······································································································ 48
1. 수립시점 ··································································································· 48
2. 수립 및 변경절차 ··················································································· 48
가. 노후계획도시정비특별위원회의 심의 ·········································· 48
나. 기본방침의 결정 및 고시 등 ························································ 48
Ⅲ. 관련 법령 ······································································································ 49
제 5 조 (기본방침의 내용) ······················································································· 55
Ⅰ. 조문 취지 ······································································································ 55
Ⅱ. 조문 내용 ······································································································ 56
1. 기본방침의 포함내용 ············································································· 56
Ⅲ. 관련 법령 ······································································································ 57
제 6 조 (노후계획도시정비기본계획의 수립 등) ················································· 59
Ⅰ. 조문 취지 ······································································································ 60
Ⅱ. 조문 내용 ······································································································ 60
1. 노후계획도시정비기본계획의 수립 ····················································· 60
2. 기본계획의 변경 ····················································································· 61
3. 기본계획의 수립절차 ············································································· 62
가. 주민공람 및 지방의회 의견청취 ·················································· 62
나. 지방노후계획도시정비위원회 심의 ·············································· 62
다. 노후계획도시정비기본계획 승인 ·················································· 62
라. 고 시 ································································································ 63
4. 노후계획도시정비기본계획 수립 의제 ··············································· 64
Ⅲ. 관련 법령 ······································································································ 64
제 7 조 (기본계획의 내용) ······················································································· 66
Ⅰ. 조문 취지 ······································································································ 66
Ⅱ. 조문 내용 ······································································································ 67
1. 기본계획의 내용 ····················································································· 67
가. 기본계획 수립의 원칙 ···································································· 67
나. 기본계획 포함내용 ·········································································· 67
Ⅲ. 관련 법령 ······································································································ 69
제 8 조 (노후계획도시정비특별위원회의 설치 등) ············································· 70
Ⅰ. 조문 취지 ······································································································ 71
Ⅱ. 조문 내용 ······································································································ 72
1. 특별위원회의 설치 ················································································· 72
2. 특별위원회의 역할 ················································································· 72
3. 특별위원회의 구성 및 운영 ································································· 72
가. 특별위원회의 구성 ·········································································· 72
나. 특별위원회의 회의 및 운영 ·························································· 74
다. 특별위원회 위원의 제척?기피?회피 ············································ 75
4. 도시정비기획단 구성?운영 ··································································· 76
가. 의의 및 업무 ···················································································· 76
나. 구성?운영 ·························································································· 76
Ⅲ. 관련 법령 ······································································································ 77
제 9 조 (실무위원회의 설치 등) ············································································· 86
Ⅰ. 조문 취지 ······································································································ 86
Ⅱ. 조문 내용 ······································································································ 86
1. 실무위원회 설치 ····················································································· 86
가. 설치목적 ···························································································· 86
나. 특별위원회의 의견청취 ·································································· 87
2. 실무위원회의 구성?운영 ······································································· 87
Ⅲ. 관련 법령 ······································································································ 88
제10조 (지방노후계획도시정비위원회의 설치 등) ············································· 89
Ⅰ. 조문 취지 ······································································································ 89
Ⅱ. 조문 내용 ······································································································ 90
1. 지방노후계획도시정비위원회의 의의 ················································· 90
2. 심의?자문사항 ························································································· 90
3. 지방도시계획위원회의 대체 수행 ······················································· 91
4. 지방위원회의 구성 ················································································· 91
가. 구 성 ································································································ 91
나. 위원장 등 선정방법 ········································································ 91
다. 위원장의 역할 ·················································································· 91
라. 직무대행 ···························································································· 91
마. 위원 선정방법 ·················································································· 92
바. 위원의 임기 ······················································································ 92
5. 지방위원회의 운영 ················································································· 92
가. 회 의 ································································································ 92
나. 해촉 및 제척?기피?회피 ································································ 92
다. 기타 필요사항 ·················································································· 92
제3장 노후계획도시특별정비구역의 지정 및 지원 등
제11조 (노후계획도시특별정비구역의 지정) ······················································· 93
Ⅰ. 조문 취지 ······································································································ 94
Ⅱ. 조문 내용 ······································································································ 94
1. 노후계획도시특별정비구역의 지정 ····················································· 94
2. 노후계획도시특별정비구역의 지정 제안 절차 ································· 98
가. 지정제안 ···························································································· 98
나. 수용여부 통보 ················································································ 102
다. 기타 특별정비구역 지정의 세부사항 ········································ 102
Ⅲ. 관련 법령 ···································································································· 102
제12조 (특별정비계획의 수립) ············································································ 105
Ⅰ. 조문 취지 ···································································································· 106
Ⅱ. 조문 내용 ···································································································· 106
1. 특별정비계획의 포함내용 ··································································· 106
2. 특별정비계획 수립 ··············································································· 109
가. 주민 공람 및 지방의회 의견청취 ·············································· 109
나. 기타 특별정비계획 수립 기준 등 세부사항 ···························· 110
Ⅲ. 관련 법령 ···································································································· 110
제13조 (특별정비계획의 결정 및 특별정비구역의 지정?고시) ····················· 112
Ⅰ. 조문 취지 ···································································································· 112
Ⅱ. 조문 내용 ···································································································· 113
1. 특별정비계획의 결정 및 특별정비구역의 지정?고시 ··················· 113
가. 지방위원회 심의 ············································································ 113
나. 사전협의 ·························································································· 113
다. 고 시 ······························································································ 113
라. 보 고 ······························································································ 113
Ⅲ. 관련 법령 ···································································································· 114
제14조 (특별정비구역 지정?고시의 효력) ························································· 115
Ⅰ. 조문 취지 ···································································································· 115
Ⅱ. 조문 내용 ···································································································· 116
1. 특별정비구역 지정?고시의 효력 ······················································· 116
Ⅲ. 관련 법령 ···································································································· 117
제15조 (특별정비구역의 분할, 통합 및 결합) ·················································· 120
Ⅰ. 조문 취지 ···································································································· 120
Ⅱ. 조문 내용 ···································································································· 120
1. 특별정비구역의 분할, 통합 및 결합 ················································ 120
가. 방 식 ······························································································ 120
나. 요 건 ······························································································ 121
2. 특별정비구역의 분할?통합?결합의 요건, 방법 및 절차 ·············· 121
Ⅲ. 관련 법령 ···································································································· 123
제16조 (행위 등의 제한) ······················································································· 125
Ⅰ. 조문 취지 ···································································································· 126
Ⅱ. 조문 내용 ···································································································· 126
1. 행위 등의 제한 ····················································································· 126
가. 원 칙 ······························································································ 126
나. 예 외 ······························································································ 127
2. 신고후 시행 가능한 행위 ··································································· 128
3. 원상회복명령 ························································································· 130
4. 국토계획법의 준용 ··············································································· 130
Ⅲ. 관련 법령 ···································································································· 131
제17조 (특별정비구역 지정의 해제) ··································································· 133
Ⅰ. 조문 취지 ···································································································· 133
Ⅱ. 조문 내용 ···································································································· 134
1. 특별정비구역 지정의 해제(재량) ····················································· 134
2. 해제절차 ································································································· 136
가. 주민설명회 및 지방의회 의견청취 ············································ 136
나. 협의 및 지방위원회 심의 ···························································· 136
다. 고시, 보고 ······················································································· 137
Ⅲ. 관련 법령 ···································································································· 137
제18조 (노후계획도시정비선도지구의 지정 및 지원) ····································· 139
Ⅰ. 조문 취지 ···································································································· 139
Ⅱ. 조문 내용 ···································································································· 140
1. 노후계
제 1 조 (목적) ··············································································································· 3
Ⅰ. 조문 취지 ········································································································ 3
Ⅱ. 조문 내용 ········································································································ 4
1. 입법 배경 ··································································································· 4
가. 주택 노후화로 인한 주민들의 삶의 질 저하 ······························· 4
나. 현행 도시정비제도의 한계 ······························································ 5
다. 도시기능 향상과 미래도시로 재창조 ············································ 5
2. 입법과정 및 제명 ····················································································· 6
3. 제정이유 및 주요내용 ············································································· 8
가. 제정이유 ······························································································ 8
나. 주요내용 ······························································································ 9
4. 구성체계 ··································································································· 14
가. 노후계획도시정비법령 ···································································· 14
나. 행정규칙 등 ······················································································ 14
다. 구성체계 ···························································································· 15
5. 노후계획도시정비사업의 절차 ····························································· 18
Ⅲ. 관련 법령 ······································································································ 19
제 2 조 (정의) ············································································································· 22
Ⅰ. 조문 취지 ······································································································ 23
Ⅱ. 조문 내용 ······································································································ 24
1. 노후계획도시 ··························································································· 24
가. 노후계획도시의 의의 ······································································ 24
나. 노후계획도시의 요건 ······································································ 24
2. 노후계획도시정비기본방침 ··································································· 28
3. 노후계획도시정비기본계획 ··································································· 29
4. 노후계획도시특별정비예정구역 ··························································· 30
5. 노후계획도시특별정비구역 ··································································· 30
6. 노후계획도시 정비사업 ········································································· 30
가. 「도시정비법」에 따른 재개발사업 및 재건축사업 ················ 30
나. 「주택법」에 따른 리모델링사업 ················································ 32
다. 「공공주택 특별법」에 따른 공공주택사업 ······························ 32
라. 「도시개발법」에 따른 도시개발사업 ········································ 33
마. 「국토계획법」에 따른 도시?군계획시설사업 ·························· 33
바. 「대도시권 광역교통 관리에 관한 특별법」 제2조제2호 각 목의
광역교통시설을 확충하기 위한 사업 ·········································· 33
사. 「국가통합교통체계효율화법」에 따른 복합환승센터 개발사업 34
아. 「스마트도시 조성 및 산업진흥 등에 관한 법률」에 따른
스마트도시건설사업 ········································································ 35
자. 「역세권의 개발 및 이용에 관한 법률」에 따른 역세권개발사업 35
차. 그 밖에 특별시장?광역시장?특별자치시장?특별자치도지사?시장
또는 군수가 노후계획도시정비기본계획의 시행에 필요하다고
인정하는 사업 ·················································································· 35
7. 토지등소유자 ··························································································· 35
Ⅲ. 관련 법령 ······································································································ 36
제 3 조 (다른 법률과의 관계) ················································································· 44
Ⅰ. 조문 취지 ······································································································ 44
Ⅱ. 조문 내용 ······································································································ 44
1. 다른 법률과의 관계 ··············································································· 44
2. 개별법의 「노후계획도시정비법」에의 부합 ··································· 45
Ⅲ. 관련 법령 ······································································································ 45
제2장 노후계획도시 정비를 위한 추진체계
제 4 조 (노후계획도시정비기본방침의 수립) ······················································· 47
Ⅰ. 조문 취지 ······································································································ 47
Ⅱ. 조문 내용 ······································································································ 48
1. 수립시점 ··································································································· 48
2. 수립 및 변경절차 ··················································································· 48
가. 노후계획도시정비특별위원회의 심의 ·········································· 48
나. 기본방침의 결정 및 고시 등 ························································ 48
Ⅲ. 관련 법령 ······································································································ 49
제 5 조 (기본방침의 내용) ······················································································· 55
Ⅰ. 조문 취지 ······································································································ 55
Ⅱ. 조문 내용 ······································································································ 56
1. 기본방침의 포함내용 ············································································· 56
Ⅲ. 관련 법령 ······································································································ 57
제 6 조 (노후계획도시정비기본계획의 수립 등) ················································· 59
Ⅰ. 조문 취지 ······································································································ 60
Ⅱ. 조문 내용 ······································································································ 60
1. 노후계획도시정비기본계획의 수립 ····················································· 60
2. 기본계획의 변경 ····················································································· 61
3. 기본계획의 수립절차 ············································································· 62
가. 주민공람 및 지방의회 의견청취 ·················································· 62
나. 지방노후계획도시정비위원회 심의 ·············································· 62
다. 노후계획도시정비기본계획 승인 ·················································· 62
라. 고 시 ································································································ 63
4. 노후계획도시정비기본계획 수립 의제 ··············································· 64
Ⅲ. 관련 법령 ······································································································ 64
제 7 조 (기본계획의 내용) ······················································································· 66
Ⅰ. 조문 취지 ······································································································ 66
Ⅱ. 조문 내용 ······································································································ 67
1. 기본계획의 내용 ····················································································· 67
가. 기본계획 수립의 원칙 ···································································· 67
나. 기본계획 포함내용 ·········································································· 67
Ⅲ. 관련 법령 ······································································································ 69
제 8 조 (노후계획도시정비특별위원회의 설치 등) ············································· 70
Ⅰ. 조문 취지 ······································································································ 71
Ⅱ. 조문 내용 ······································································································ 72
1. 특별위원회의 설치 ················································································· 72
2. 특별위원회의 역할 ················································································· 72
3. 특별위원회의 구성 및 운영 ································································· 72
가. 특별위원회의 구성 ·········································································· 72
나. 특별위원회의 회의 및 운영 ·························································· 74
다. 특별위원회 위원의 제척?기피?회피 ············································ 75
4. 도시정비기획단 구성?운영 ··································································· 76
가. 의의 및 업무 ···················································································· 76
나. 구성?운영 ·························································································· 76
Ⅲ. 관련 법령 ······································································································ 77
제 9 조 (실무위원회의 설치 등) ············································································· 86
Ⅰ. 조문 취지 ······································································································ 86
Ⅱ. 조문 내용 ······································································································ 86
1. 실무위원회 설치 ····················································································· 86
가. 설치목적 ···························································································· 86
나. 특별위원회의 의견청취 ·································································· 87
2. 실무위원회의 구성?운영 ······································································· 87
Ⅲ. 관련 법령 ······································································································ 88
제10조 (지방노후계획도시정비위원회의 설치 등) ············································· 89
Ⅰ. 조문 취지 ······································································································ 89
Ⅱ. 조문 내용 ······································································································ 90
1. 지방노후계획도시정비위원회의 의의 ················································· 90
2. 심의?자문사항 ························································································· 90
3. 지방도시계획위원회의 대체 수행 ······················································· 91
4. 지방위원회의 구성 ················································································· 91
가. 구 성 ································································································ 91
나. 위원장 등 선정방법 ········································································ 91
다. 위원장의 역할 ·················································································· 91
라. 직무대행 ···························································································· 91
마. 위원 선정방법 ·················································································· 92
바. 위원의 임기 ······················································································ 92
5. 지방위원회의 운영 ················································································· 92
가. 회 의 ································································································ 92
나. 해촉 및 제척?기피?회피 ································································ 92
다. 기타 필요사항 ·················································································· 92
제3장 노후계획도시특별정비구역의 지정 및 지원 등
제11조 (노후계획도시특별정비구역의 지정) ······················································· 93
Ⅰ. 조문 취지 ······································································································ 94
Ⅱ. 조문 내용 ······································································································ 94
1. 노후계획도시특별정비구역의 지정 ····················································· 94
2. 노후계획도시특별정비구역의 지정 제안 절차 ································· 98
가. 지정제안 ···························································································· 98
나. 수용여부 통보 ················································································ 102
다. 기타 특별정비구역 지정의 세부사항 ········································ 102
Ⅲ. 관련 법령 ···································································································· 102
제12조 (특별정비계획의 수립) ············································································ 105
Ⅰ. 조문 취지 ···································································································· 106
Ⅱ. 조문 내용 ···································································································· 106
1. 특별정비계획의 포함내용 ··································································· 106
2. 특별정비계획 수립 ··············································································· 109
가. 주민 공람 및 지방의회 의견청취 ·············································· 109
나. 기타 특별정비계획 수립 기준 등 세부사항 ···························· 110
Ⅲ. 관련 법령 ···································································································· 110
제13조 (특별정비계획의 결정 및 특별정비구역의 지정?고시) ····················· 112
Ⅰ. 조문 취지 ···································································································· 112
Ⅱ. 조문 내용 ···································································································· 113
1. 특별정비계획의 결정 및 특별정비구역의 지정?고시 ··················· 113
가. 지방위원회 심의 ············································································ 113
나. 사전협의 ·························································································· 113
다. 고 시 ······························································································ 113
라. 보 고 ······························································································ 113
Ⅲ. 관련 법령 ···································································································· 114
제14조 (특별정비구역 지정?고시의 효력) ························································· 115
Ⅰ. 조문 취지 ···································································································· 115
Ⅱ. 조문 내용 ···································································································· 116
1. 특별정비구역 지정?고시의 효력 ······················································· 116
Ⅲ. 관련 법령 ···································································································· 117
제15조 (특별정비구역의 분할, 통합 및 결합) ·················································· 120
Ⅰ. 조문 취지 ···································································································· 120
Ⅱ. 조문 내용 ···································································································· 120
1. 특별정비구역의 분할, 통합 및 결합 ················································ 120
가. 방 식 ······························································································ 120
나. 요 건 ······························································································ 121
2. 특별정비구역의 분할?통합?결합의 요건, 방법 및 절차 ·············· 121
Ⅲ. 관련 법령 ···································································································· 123
제16조 (행위 등의 제한) ······················································································· 125
Ⅰ. 조문 취지 ···································································································· 126
Ⅱ. 조문 내용 ···································································································· 126
1. 행위 등의 제한 ····················································································· 126
가. 원 칙 ······························································································ 126
나. 예 외 ······························································································ 127
2. 신고후 시행 가능한 행위 ··································································· 128
3. 원상회복명령 ························································································· 130
4. 국토계획법의 준용 ··············································································· 130
Ⅲ. 관련 법령 ···································································································· 131
제17조 (특별정비구역 지정의 해제) ··································································· 133
Ⅰ. 조문 취지 ···································································································· 133
Ⅱ. 조문 내용 ···································································································· 134
1. 특별정비구역 지정의 해제(재량) ····················································· 134
2. 해제절차 ································································································· 136
가. 주민설명회 및 지방의회 의견청취 ············································ 136
나. 협의 및 지방위원회 심의 ···························································· 136
다. 고시, 보고 ······················································································· 137
Ⅲ. 관련 법령 ···································································································· 137
제18조 (노후계획도시정비선도지구의 지정 및 지원) ····································· 139
Ⅰ. 조문 취지 ···································································································· 139
Ⅱ. 조문 내용 ···································································································· 140
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