:::
 
:::
Search the Site    
Font size
:::
 Filter by post date
2017 (43)
2016 (30)
2015 (44)
2014 (28)
2013 (64)
2012 (75)
2011 (34)
2010 (14)
 
:::
Laws and Regulations
 Print  Share
Facebook
Twitter
Plurk
2017-05-10
Statute for Expediting Reconstruction of Urban Unsafe and Old Buildings

Article 1

This Statute is enacted to expedite the reconstruction of unsafe and old buildings within the area of urban planning, improve the living environment, and improve building safety and citizens’ living conditions in response to potential disaster risk.

 

Article 2

The authority as referred to in this Statute shall be Ministry of the Interior of the Central Government; the Municipal Governments; and the County (City) Governments.

 

Article 3

This Statute is applicable to legal buildings within the urban planning area that do not possess historic, culture, art, and commemorative value designated by the industry authority, and meet any one of the following conditions:

1.The authority of buildings set a deadline for demolition or forced demolition in accordance with building laws and disaster prevention laws, or evaluated the building as unsafe and set a deadline for reinforcement or demolition.

2.Not reaching the minimum level in a structural safety assessment.

3.Building age of 30 years or above, seismic resistance not reaching the standard in the structural safety assessment, and improvements were ineffective or does not have a lift.

Adjacent building lots or land may be combined for reconstruction of legal buildings in the preceding paragraph. The area of the adjacent building lots or land, however, shall not exceed the area of the building lot.

Where reconstruction of the site of unsafe buildings demolished in accordance with Article 81 and Article 82 of the Building Act before this Statute takes effect has not yet been completed, an application for reconstruction may be submitted in accordance with this Statute within three years after this Statute takes effect.

Structural safety assessment in subparagraphs 2 and 3 of Paragraph 1 shall be commissioned by the building owner to an institution under an inter-entity supply contract with the central authority.

The institution conducting the structural safety assessment and its personnel shall not give false certification or a false assessment report.

The central authority shall prescribe the contents, application method, assessment items, weights, grade, assessment standard, assessment method, assessment report, and regulations on qualifications, management, review, and other relevant matters of institutions and their personnel under an inter-entity supply contract for the structural safety assessment in Subparagraphs 2 and 3 of Paragraph 1.

 

Article 4

The competent authority may subsidize the fee for structural safety assessments. Regulations or self-governance ordinances on application conditions, subsidy amount, application method, and other compliance matters shall be prescribed by competent authorities at each level.

In the event of an objection to the assessment result in Subparagraphs 2 and 3 of Paragraph 1, the municipal or county (city) government with jurisdiction shall form an appraisal team, and process the appraisal application of the applicant. Appraisal results of the appraisal team shall be the final result. The central authority shall prescribe regulations on the organization, execution, operation, and other compliance matters of the appraisal team.

 

Article 5

When applying for reconstruction in accordance with this Statute, the builder of the new building shall formulate a reconstruction plan, gain consent from owners of all land and legal buildings within the scope of the reconstruction plan, gain approval from the municipal or county (city) government, and apply for a building permit in accordance with building laws and regulations.

Application for the reconstruction plan in the preceding paragraph must be submitted before May 31, 2027.

 

Article 6

Building bulk reward may be appropriately awarded based on actual requirements for the building site within the reconstruction plan. Building bulk after the reward shall not exceed 1.3 times the base bulk of the building site or 1.5 times the original building bulk of the building site, and shall not be limited by the base bulk or maximum building bulk after reward prescribed in the Enforcement Rules of the Urban Planning Law enacted in accordance with Article 85 of the Urban Planning Law.

Applications for reconstruction plans within three years after this Statute takes effect are eligible to an additional reward equal to 10% of the building site’s base bulk, and are not limited by the maximum building bulk after reward set forth in the preceding paragraph.

The preceding two paragraphs shall not apply to parts of the building lot or land merged in accordance with Paragraph 2 of Article 3 that exceed 1,000 m2.

If an application for building bulk reward was submitted for a building in accordance with this Statute, the building shall not be eligible for building bulk reward items of other laws and regulations.

The central authority shall prescribe items, calculation method, quota, application conditions, and other compliance matters for the building bulk reward in Paragraph 1.

 

Article 7

Restrictions on building coverage ratio and building height of buildings reconstructed in accordance with this Statute may be relaxed; the municipal or county (city) competent authority shall prescribe the standard for restriction relaxation. Restrictions on building coverage ratio may only be relaxed for residential areas, and shall not exceed the original building coverage ratio.

 

Article 8

Where the reconstruction plan is submitted within five years after this Statute takes effect, after gaining approval from the municipal or county (city) competent authority taking into consideration local develeopment trends and financial condition, land and buildings within the area of the reconstruction plan may be eligible for the following tax exemptions and reductions:

1.Exemption of land value tax where the land cannot be used during the reconstruction period. In the event building reconstruction is not completed within the deadline due to reasons attributable to the land owner, land value tax shall be collected in accordance with the law.

2.Reduction of land value tax and house tax by half for two years after reconstruction.

3.If the owner of the legal building before reconstruction is a natural person, and the owner does not transfer ownership of the building within the two-year house tax reduction period in the preceding subparagraph, the period of house tax reduction may be extended until the owner loses ownership. The house tax reduction period is limited to 10 years.

If an owner is receieving tax exemption or reduction in accordance with this Statute, the owner shall not be eligible for tax exemption or reduction in accordance with other laws and regulations for the legal building. If provisions of other laws are more favorable than this Statute, then the law with the most favorable conditions shall apply.

The Executive Yuan may extend the period set forth in Paragraph 1 six months before the period expires, but limited to once.

 

Article 9

Municipal and county (city) competent authorities shall provide assistance with the reconstruction of legal buildings in Subparagraph 1 of Paragraph 1 of Article 3 with respect to relevant laws, financing channels, and engineering technology.

The municipal or county (city) competent authority shall provide social housing or rental subsidy to economically or socially disadvantaged persons as defined in Paragraph 2 of Article 4 of the Housing Act who are indeed residing in the area of the reconstruction plan.

 

Article 10

Competent authorities at each level may subsidize reconstruction plans, and may provide credit guarantee for necessary financing for the reconstruction under the following conditions:

1.The municipal or county (city) competent authority determines it is difficult to obtain necessary financing after providing assistance in Subparagraph 1 of the preceding article.

2.The builder is a natural person and the municipal or county (city) competent authority determines it is necessary to provide assistance for the non-profit organization to obtain necessary financing.

3.Area evaluated by the municipal or county (city) government as a priority for reconstruction.

The central authority shall subsidize funds required by municipal and county (city) competent authorities to provide assistance in the preceding paragraph.


Article 11

In the event an institution or its personnel violate Paragraph 5 of Article 3 by giving false certification or a false assessment report for a structural safety assessment, a fine of no less than NT$1 million but no more than NT$5 million shall be imposed.

 

Article 12

The central authority shall prescribe the enforcement regulations for this Statute.

 

Article 13

This Statute shall take effect from the date of promulgation.



 
TOPBack to list
 
 
Home
Organization
Interior Affairs(open new website)
Statistics(open new website)
Laws & Regulations
 
 
Latest News
 
Interior Ministry Blog
 
Ministry of the Interior. Republic of China(Taiwan)
aplusRepublic of China (Taiwan) Government Entry Point(open new website)
Tel: 1996 Hotline of Interior Affairs(+886-2-8195-8151)
Address: No.5, Xuzhou Rd., Zhongzheng District, Taipei City 10055, Taiwan (R.O.C.)
Best viewed with IE 8.0 or higher at 1024 x 768 resolution.