1. The Ministry of the Interior (hereinafter referred to as the “MOI”) has formulated the guidelines herein to promote the integration of building and ICT (Information and Communication Technology) industries by applying intelligent technologies in buildings, with a view to achieve safety, health, convenience, comfort, energy saving and sustainability.
2. Terminology and definition:
(1) Intelligent Building: A building that achieves safety, health, convenience, comfort, energy saving and sustainability by applying ICT systems and equipment to enable intelligent functions using active sensing in its space.
(2) Intelligent Building Label: The label issued to the following buildings upon certification by the MOI to comply with the Intelligent Building indicators:
i. A building that has obtained an occupation permit.
ii. A building deemed legal by the competent building authority.
iii. A "specific building" for which construction is complete.
iv. A monument, historical building, memorial building, building cluster, historical site or cultural landscape that has been approved by the competent cultural authority for restoration or adaptive reuse and has been approved for occupancy after inspection.
(3) Intelligent Building Candidate Certificate: The certificate issued to the following buildings upon certification by the MOI to comply with the Intelligent Building indicators:
i. A new building that has obtained a building permit but the construction of which is not yet complete.
ii. A "specific building" under construction.
iii. A monument, historical building, memorial building, building cluster, historical site or cultural landscape that has been approved by the competent cultural authority for restoration or adaptive reuse but the construction of which is not yet complete.
(4) Intelligent Building Evaluation Manual: One of the versions of Intelligent Building Evaluation Manuals (hereinafter as the "Evaluation Manual") published by the MOI Architecture and Building Research Institute (hereinafter as the ABRI), including other subsequent ABRI-produced versions.
(5) Rating: Intelligent building rating determined in accordance with the rating methods outlined in the Evaluation Manuals as one of five levels: Certified, Bronze, Silver, Gold and Diamond.
3. The Applicant of Intelligent Building Label shall meet one of the following qualifications:
(1) Manager of the building, or head of the managing agency (unit).
(2) Owner of the building.
(3) Occupant of the building.
(4) Management committee or manager stipulated under the Condominium Act Building Administration Division.
The Applicant of Certificate of Intelligent Building Candidate shall meet one of the following qualifications:
(1) The proprietor registered on the building permit or specific building permit.
(2) Manager of the land occupied by the building.
(3) Owner, occupant or manager of a monument, historical building, memorial building, building cluster, historical site or cultural landscape.
4. To apply for the Intelligent Building Label or Intelligent Building Candidate Certificate, the Applicant shall submit to the MOI a completed application form and a valid evaluation report issued within six months prior to the application date. The Label or Certificate will be conferred as the application passes the examination.
With regard to the evaluation report for Intelligent Building Label or Intelligent Building Candidate Certificate set forth in the preceding paragraph, the applicant shall apply to the Professional Evaluation Organization for Intelligent Building Label designated by the MOI(hereinafter referred to as the PEO) with necessary documents for Intelligent building evaluation.
As regards the certified application that may need further supplementation and rectification, the applicant shall provide supplementary documents within ten(10) days from the date of receiving the notice. In case of being unable to provide supplementary documents within ten (10) days, the applicant may request the extension with relevant statements. The extension may be granted for a period not exceeding ten (10) days. With no supplementary documents received at the expiry date, the application will be rejected.
5. The following items shall be specified in the application for certification:
(1) The certification category
(2) Where the Applicant is a natural person, the name, address, contact number and signature of the Applicant shall be specified. Where the Applicant is a juridical person or organization, the name, uniform invoice number, address, contact number, signature and name of the representative of the juridical person or organization shall be specified.
(3) The name, address, contact number and architect's business license number and signature of the Designer.
(4) Name and address of the building.
(5) A brief description of the building.
(6) The certification category and version of Evaluation Manual being applied and the Intelligent building rating.
(7) Name and contact number of the PEO.
6. The following items shall be specified in the evaluation report:
(1) Number and evaluation date of the evaluation report.
(2) Name of the PEO and names and signatures of its legal representative and evaluation committee members.
(3) The name and a brief description of the building.
(4) Intelligent building rating.
(5) The planning and design concepts for Intelligent building and the qualified Intelligent building indicators.
(6) Evaluation report summary of the application case.
(7) Evaluation criteria, evaluation results and minutes of the evaluation meeting(s).
(8) Valid period, valid scope of evaluation, summarized evaluation report and partial photocopy limitations.
(9) Other supplementary documents.
7. The following documents shall be submitted for the evaluation application:
(1) Summary of Intelligent building evaluation documents.
(2) Score chart for Intelligent building rating.
(3) Affidavit by the Applicant and the Designer. Where the Applicant is the management committee or manager stipulated under the Condominium Administration Act Building Administration Division, proof of the homeowners commissioning the management shall be attached.
(4) Letter of authorization for the public viewing or duplication of the documents.
(5) Building permit, occupation permit, proof of legal building occupation or specific building permit.
(6) A brief description of the building (including the floor plans of all levels, all facades and sections).
(7) Evaluation of and explanations for the indicators.
(8) Where the Intelligent building equipment or facilities are installed in the exclusive or agreed exclusive portions of the condominium building, a letter of consent by the resident(s) for on-site inspection shall be attached.
(9) The relevant affidavits.
(10) Other relevant supplementary documents.
8. The evaluation criteria for the application of Intelligent Building Label or Intelligent Building Candidate Certificate shall be handled according to the version of Evaluation Manual applicable on the date of building permit application or evaluation application. However, where the date of laws and regulations is otherwise stipulated in the building permit, or where otherwise stipulated in the environmental impact assessment or urban renewal or urban design review, such stipulations may apply.
Where any of the following situations applies to a project that has already obtained the Intelligent Building Label or Intelligent Building Candidate Certificate, the version of Evaluation Manual applicable to the original Label or Candidate Certificate may apply：
(1) Having obtained the Intelligent Building Candidate Certificate and applying for the Intelligent Building Label.
(2) Applying for an extension of the Intelligent Building Label.
(3) Applying for re-certification of the Intelligent Building Label or Intelligent Building Candidate Certificate.
For items not required in the Evaluation Manual, the PEO evaluation committee may formulate a conclusion and submit to the MOI for record.
9. The processing time of the application case for the PEO is prescribed as follows:
(1) Upon registered receipt of the application, the evaluation shall be completed and an evaluation report provided within twenty-two (22) days for Intelligent Building Candidate Certificate.
(2) Upon registered receipt of the application, the evaluation shall be completed and an evaluation report provided within fifty (50) days for Intelligent Building Label.
(3) A building that has obtained the Certificate of Intelligent Building Candidate and has modified its design may apply for re-certification in accordance with Article 11 herein; where the Intelligent Building Label is being applied upon completion of construction according to the approved drawings, the evaluation shall be completed within twenty-five (25) days.
Where an application requires further supplementation and rectification, the Applicant shall be notified to provide such documents within thirty (30) days from the date of receiving the notice. If unable to provide such documents within thirty (30) days, the Applicant may apply for an extension prior to the deadline by submitting the relevant explanatory documents. An extension may be granted for a period not exceeding thirty (30) days. If the supplementary documents are not submitted prior to the deadline, the application shall be rejected and returned. The time required for the Applicant to supplement and rectify the application shall be excluded from the processing time.
A building that has completed construction but has not obtained an occupancy permit may apply to be evaluated for the Intelligent Building Label, and may only apply to the MOI for certification after submitting the occupancy permit to the PEO within three months of receipt of the notice of evaluation approval and obtaining the evaluation report. If the submission is not made prior to the deadline, the application shall be rejected and returned.
A building that has not obtained a building permit may apply to be evaluated for the Intelligent Building Candidate Certificate, and may only apply to the MOI for certification after submitting the building permit to the PEO within three months of receipt of the notice of evaluation approval and obtaining the evaluation report. If the submission is not made prior to the deadline, the application shall be rejected and returned.
10. The valid period of the Intelligent Building Label is five years. Within six months of its first expiry date, an extension of the Label valid for five years may be granted by the MOI, provided the PEO has notified the Applicant to attend a joint on-site inspection conducted according to the simplified Intelligent Building Label extension checklist and has sent a letter to the MOI for approval, and one of the following requirements is met：
(1) The inspection results conform to the requirements.
(2) The results of the inspection did not conform to the requirements but have come to do so upon improvement.
The foregoing improvement shall be made within thirty days of written notice; in the case where improvement cannot be completed, the Applicant may apply for an extension to PEO with relevant drawings and documents to apply for an extension; the extension is limited to thirty days. However, an exception may be granted where approved by the PEO evaluation committee due to special circumstances and reported to the MOI for record.
An extension of the certification will not be granted where the inspection specified in Paragraph 1 herein is evaded, rejected without legitimate reasons or the inspection results do not conform to the requirements and improvement is not made in accordance with Subparagraph 2 of Paragraph 1 herein.
A re-application for certification extension conducted in accordance with the foregoing three paragraphs, with the exception of the first application for certification extension, shall be made by the Applicant in accordance with Article 4 herein by attaching an application and the evaluation report issued according to the version of Evaluation Manual applicable to the original Label within six months of the application date; each extension is valid for five years.
The Intelligent Building Candidate Certificate is valid for five years. Where any of the following situations applies, the Applicant may attach an application, specify the extension period and supporting drawings and documents to apply to the MOI for an extension of the valid period; each extension is limited to five years maximum:
(1) The construction period approved by the competent building authority exceeds five years.
(2) An alteration of design conducted in accordance with Article 39 of the Building Act results in an increase of the construction period.
(3) An occupation permit has been applied via registered mail.
(4) Other circumstances not attributable to the Applicant.
The Intelligent Building Candidate Certificate for a building becomes invalid as soon as its Intelligent Building Label takes effect.
11. Should a building that has obtained the Certificate of Intelligent Building Candidate change the status of its indicators or intelligent building rating during construction, the Applicant of the Candidate Certificate may, upon applying to the PEO for re-evaluation and passing it, submit the documents required in Article 4 herein to the MOI for re-certification.
Should a building that has obtained the Intelligent Building Label change the status of its indicators or intelligent building rating, the owner or occupant of the building may, in accordance with Article 8 herein, apply to the PEO for re-evaluation and, after passing it, submit the documents required in Article 4 herein to the MOI for re-certification. Usage of the original Intelligent Building Label shall be terminated.
12. The PEO may invite scholars, exports, relevant organization, and the applicant to carry out an on-site investigation while evaluating relevant documents of Intelligent Building Label applications.
For the application of the Label set forth in the preceding paragraph, the MOI may conduct a checking/verification work as needed.
13. The PEO may conduct a random check or inspection a periodically on a building using the Intelligent Building Label or Certificate of Intelligent Building Candidate. Should the results of check or inspection not conform to the indicators specified on the Label or Candidate Certificate, the owner or occupant of the building shall be notified to make improvement within thirty (30) days; in case where improvement is not completed within thirty (30) days, an extension may be applied by submitting the relevant explanatory documents; only one extension may be granted and the period of extension may not exceed thirty (30) days.
Where the situation described in the preceding paragraph has not been improved, or the building is still found to be non-conforming to the passed indicators and intelligent building rating after improvement, the PEO shall file a dedicated request to the MOI for further action; the MOI may rescind the Label or Candidate Certificate and publish such action or terminate the use of the Label by the building and notify the original Applicant or the owner or occupant of the building.
14. The logo of the Intelligent Building Label has been registered and announced by the MOI according to the applicable laws and regulations. For the tort or unauthorized copyright infringement of the Intelligent Building Label or Intelligent Building Candidate Certificate, the MOI shall announce the tortfeasor and the name of the building and claim the damage compensation in civil litigation and the doer shall be prosecuted for criminal responsibility in accordance with the law.
15. The Intelligent Building Label or Intelligent Building Candidate Certificate shall specify the name and a brief description of the building, building permit number, parcel number of the building site, door number of the building (waived if not applicable), the valid period, version of Evaluation Manual used and the intelligent building rating. Those applying for certification, certification extension or re-certification who had obtained the Intelligent Building Candidate Certificate or Intelligent Building Label prior to the amendment of the guidelines herein on July 1, 2016 may follow the original Intelligent Building Evaluation Manual applicable at the time.
16. In case of the loss or breakage, the applicant can apply to the MOI for the reissuance with the reason statement.
17. The MOI may rescind the Certificate of Intelligent Building Candidate or Intelligent Building Label and terminate usage of the Intelligent Building Label by the building should any of the following situations apply to the Applicant:
(1) The building permit, proof of legal building status or building permit document has been rescinded by the competent authority.
(2) The designation, registration, approval for restoration or adaptive reuse or occupancy after inspection has been revoked or rescinded by the competent authority.
(3) The application document(s) has been deemed to contain forgery.
(4) The application document(s) is inaccurate or contain incomplete descriptions and the MOI has issued the certificate based on such information or descriptions.