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Ministry of the Interior.

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Laws and Regulations
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2015-12-23
Regulations of Governing Establishment and Conciliation by Committees on Real Estate Dispute Conciliation at Municipality /City/County Levels

Article 1

These Regulations are issued under the authority of Article 34-2

of the Land Act (hereinafter referred to as the Act).


Article 2

The following real estate disputes may be conciliated in accordance

with these Regulations.

1. Co-owned property partition disputes in accordance withParagraph

6, Article 34-1 of the Act.

2. Boundary related cadastral map resurvey disputes in accordance with

Article 46-2 of the Act.

3. Land right disputes in accordance with Paragraph 2, Article 59 of the

Act.

4. Housing rental disputes in accordance with Article 101 of the Act.

5. Building site rental disputes in accordance with Article 105 of

the Act .

6. Farmland rental disputes in accordance with Article 122 of the Act.

7. Rental disputes regarding land under permanent lease in accordance

with Article 30 of the Enforcement Act of the Act.

8. Land royalty payment disputes in accordance with Paragraph 3, Article

14 and Paragraph 2, Article 15 of the Act of Cadastral Investigation.

9. Declarations by gods worshipping associations involving land right

disputes in accordance with Article 20 of the Act of Cadastral Investigation.

10. Amendments of gods worshipping associations' current membership

rosters, adherents registries, or land rolls involving land right disputes

in accordance with Article 23 of the Act of Cadastral Investigation.

11. Land right cancellation registration disputes in accordance with

Article 27 of the Act of Cadastral Investigation.

12. Mortgage cancellation registration disputes in accordance with

Article 28 of the Act of Cadastral Investigation.

13. Superficies cancellation registration disputes in accordance with

Article 29 of the Act of Cadastral Investigation.

14. Attachment, provisional attachment or provisional injunction

cancellation registration disputes in accordance with Article 30 of

the Act of Cadastral Investigation.

15. Correction registration disputes relating to land ownership’s right

being blank in accordance with Article 31-1 of the Cadastral Clearance Act.

16. Disputes arising from issuance of certificates of change in name

upon declaration by temples or religious organizations in accordance

with Article 36 of the Act of Cadastral Investigation.

17. Land right disputes arising from land purchase by temples or

religious juridical persons in accordance with Article 38 of the Act

of Cadastral Investigation.

18. General land registration disputes in accordance with Article 75

of the Registrations of the Land Regulation.

19. Constructional improvements ownership initial registration disputes

in accordance with Article 84 of the Registrations of the Land Regulation.

20. Disputes related to the registration of superficies due to the insistence

of positive prescription, servitude of real property, or agricultural right

in accordance with Paragraphs 4 and 5, Article 118 of the Regulations

of the Land Registration.


Article 3

A Committee on Real Estate Dispute Conciliation at municipality

/ city/county levels (hereinafter referred to as the Committee) shall

be composed of 11 to 13 members, of whom one shall serve as the

Committee Chairperson, and shall be the municipality/city /county

chief executive or a person delegated thereby to serve ex officio; the

other committee members shall be designated or nominated and

selected from among the following:

1. One member being the municipality/city/county government's

landaffairs chief executive.

2. One member being the municipality/city/county government'sconstruction

 affairs chief executive.

3. One member being the municipality/city/county government's civilaffairs

chief executive.

4. One member being the municipality/city/county government's legal

affairs chief executive.

5. One member being the municipality/city/county government'sland

office director.

6. One member being the municipality/city/county land administrationagent

guild representative.

7. Three to five members with land administration, civil affairs,construction,

or legal knowledge and experience.

8. One member being a local person of outstanding character

Commissioners shall serve for a term of office of two years,and may

be re-appointed to additional terms. But any commissioner representing

an agency, shall resign upon any change in their relevant underlying

public officer status.

When there is any vacancy among the Commissioners, the municipality

/city/county government's chief executive may appoint a replacement;

replacement Commissioners shall serve until the date of expiration of

the original Commissioner's term of office.


Article 4

The Committee shall have one Executive Secretary, and such staff

and personnel, as the municipality/city/county government's chief

executive shall appoint from among the municipal staff in charge

of relevant affairs to be responsible for the Committee's administrative

affairs.


Article 5

The Committee meetings shall be chaired by the Chairperson

Ex-Officio, and in the absence of the Chairperson, the Chairperson

shall appoint another Commissioner to serve as Acting Chairperson.

When the Chairperson fails to appoint, the Commissioners may elect

among themselves an Acting Chairperson.


Article 6

When the Committee fails to have a quorum of half the members

present it shall recess, and any decision of the Committee shall

only be effective on a favorable vote of half the members present;

in the event of a tie, the Chairperson shall cast the deciding vote.

Commissioners shall personally attend Committee meetings of the

preceding Paragraph. But when the ex-officio member is a representative

from an agency, and unable to personally attend, a representative

may be appointed in their stead, with notice of the same to the

Committee.

Such an ad interim representative serving in accordance with the

preceding Paragraph shall count as a member for quorum purposes,

and may participate in Committee discussions and decision-making votes.


Article 7

The Committee members, in any matter before the Committee in

which they have any conflict of interest, shall sua sponte recuse

therefrom, and must not participate in such conciliation.


Article 8

The Committee members shall not be remunerated.


Article 9

When the Committee meets, persons concerned shall have first been

apprised of the right to appear and be heard, and invitations shall

be extended to all relevant agencies to have representatives in

attendance if necessary.


Article 10

The Committee shall issue any official documents, by and through

and in the name and authority of the municipality/city/ county

government.


Article 11

The Committee expenses shall be borne by the regular budget

appropriations of the municipality/city/county government.


Article 12

Any municipality/city/county government in handling any real

estate dispute under the provisions of Subparagraphs 2, 3, 11-15,

18-20 of Article 2, may establish in accordance with their administrative

jurisdictional delineation a regional committee on real estate dispute

conciliation, with seven commissioners, one of whom shall be the

Chairperson ex officio, who shall be amunicipality/city/county

government's land affairs chief executive, and the other members

of which shall be designated or selected as follows:

1. One member being the municipality/city/county government'sland

office director.

2. One member being a township/city/district conciliation committee

chairperson.

3. One member each having specialized knowledge and experience

respectively in land administration, construction and legal affairs.

4. One member who shall be a local person of outstanding character.

The term of office for commissioners of a regional committee on

real estate dispute conciliation, replacement of vacancies among

commissioners, their authorities, lack of remuneration, and meetings,

shall conform to Paragraphs 2 and 3 of Articles 3 and Articles 4

through 9; and said committee shall issue any official documents,

by and through and in the name and authority of the municipality

/city/county government.

Expenses required for the conciliation conducted under the provisions

of the first paragraph supra, shall be borne by the regular budget

appropriations of the municipality/city/county government.


Article 13

Real estate disputes, other than those of the kind that may be

referred by the competent registration authorities or the municipality

/city/county government for dispute conciliation, as set forth in

Subparagraphs 2, 3, and 8-20 of Articles 2, may be processed upon

application of any affected party who shall prepare in writing the

following documents for submission to the municipality/city/county

government of responsibility over the affected site, and include

therewith for the affected parties, sufficient copies therefor.

1. Application.

2. Identification documentation for the applicant.

3. Certificate of commission (to be attached when an agent is acting

on behalf of another).

4. Main points of contention and suggestions for conciliation.

5. Any other documentation required to be submitted in accordance

with law.


Article 14

Real estate dispute conciliation handling procedures shall be as

follows:

1. Docketing of the application.

2. Calculation and collection of the applicable dispute conciliation

fees.

3. Review.

4. Convening the dispute conciliation meeting (hearing).

5. Memorialize the findings and conclusions of the Committee.

6. Forward the conciliation meeting minutes.

The aforementioned review may include deployment of staff from

the registration agency responsible for the affected real estate situs

to conduct on site surveying activities or to conduct preliminary

meetings.


Article 15

Where any application for dispute conciliation involves any of

the following circumstances, the municipality/city/county government

 shall in writing delineate the basis therefor, and provide notice

thereof to the affected applicant who shall have fifteen days wherefrom

in which to supplement the application as required:

1. Where the application does not conform to the form requirementsor

the attached documentation is nonconforming or insufficient.

2. Where the application's description is inconsistent with land,

building registration documents or other evidentiary documentation.

3. Where the applicant appears to lack standing or insufficiencies

existin regard to the capacity of an agent to engage in such representation.

4. Where the applicant in the dispute is a person of no capacity to

make juridical acts or of limited capacity to make juridical acts, and

their guardian has not appeared to represent their interests.

5. Where payment has not been made of the required conciliation

fee as determined under regulations.


Article 16

Wh ere any application for dispute conciliation involves any of

the circumstances in the following Subparagraphs, the municipality

/city/county government shall in writing explain their reasons and

dismiss the application without prejudice:

1. Where the matter does not aver a real estate dispute falling under

Article 2 supra.

2. Where the disputed matter falls without the jurisdiction of theentity

receiving the application.

3. Where a prior dispute application was filed and a disputeconciliation

decision has already been reached in accordance with these Regulations.

4. Where a suit has already been heard (initiated) before a Courtor the

dispute subject to conciliation has already been the object of an effective

 final judgment, arbitration or conciliation.

5. Where an address in the land register is blank or incomplete,impeding

effective clarification of the affected rights holders.

6. Where the person whose name is registered is deceased, andwhether

any decedent's inheritor who may assert claims is unknown impeding

effective notice thereto.

7. The applicant has failed to timely or appropriately andcompletely

supplement the record on application as required in accordance with

the preceding Article.

8. Where for cause otherwise specified in law jurisdiction handlingis

impermissible.


Article 17

The Committee or a regional committee on real estate dispute

conciliation shall set a time for hearing, apprise the applicant in

writing of attending the conciliation hearing, and provide a copy

of the notice to the other party and any affected claimants. The

applicant shall present himself/herself before the committee with

his/her identification documents; where the applicant is unable to

appear in person, he/she may provide a letter of authorization,

appointing an agent to act on his/her behalf at the hearing. However,

if the authorization is already clearly stated in the application form,

the letter of authorization is waived.

Conciliation pursuant to the preceding Paragraph shall be conducted

within 30 days of the date of the docketing of the application, unless

for good cause shown an extension may be necessary.


Article 18

During conciliation, the applicant shall first attempt negotiations,

and if an agreement can be obtained, then the agreement shall be

deemed to constitute the result of the conciliation, and will be

memorialized in writing, to be immediately reported on site orally,

and signed or sealed thereon by the applicant and the committee members.

Where such conciliation involves several parties, each side may appoint

one to three delegates to conduct the initial conciliation attempts.

Where conciliation results in an agreement under the first Paragraph of

this Article, the conciliation record shall be provided in writing on

notice to the affected parties and the registration agency.


Article 19

Where the parties are unable to reach an agreement based on the

aforementioned preliminary negotiation efforts or in the absence

of any affected party after notice for the second time, the Committee

or a regional committee on real estate dispute conciliation shall

notwithstanding the same, have authority to consider the relevant

documentation and the applicant's express testimony, and decide

the dispute, preparing their formal conciliation result.

Where an application for conciliation has been filed in relation to

a matter pending before a registration agency, then in accordance

with the conciliation result, the registration application should be

appropriately approved or denied as indicated.

A conciliation result under the aforementioned first Paragraph, shall

be conveyed to the affected parties in writing. The notice shall explain

that should the applicant be dissatisfied with the conciliation result,

then besides as otherwise provided in law, they shall have fifteen days

from receipt of the notice, in which to sue the other party as the

defendant, in suit before a Court, and within three days of the notice

of appeal being lodged with the Court provide a copy of the complaint

therein to the appropriate municipality/city/county government, and

where an appeal is not timely lodged or the Court declines jurisdiction

or denies the appeal, the affected party may provide the relevant

documentation whereof, in writing on application to the appropriate

municipality/city/county government, for further handling in accordance

with the said conciliation result.


Article 20

When an affected party applies for registration on the basis of a

conciliation result record, the registration agency shall apply to

the appropriate municipality/city/county government to determine

whether any suit has been initiated in Court in respect of the matter.

Where a conciliation result involves any consideration or compensation,

then when an application for registration is lodged, there shall be

concomitantly included evidentiary documentation of receipt or

lodgment of same, and in the application there shall be appropriately

disclosed in detail the consideration or compensation amount received;

should there be any mistakes therein, the applicant shall be solely

legally responsible therefor, and such application shall be signed by

the applicant.

Where any party is dissatisfied with the conciliation result, they

may in conformance with the preceding Article's time limits apply

to the Court for adjudication, and the registration agency shall

decline any registration application under the preceding first Paragraph.


Article 21

On application for conciliation of real estate disputes under

Subparagraphs 1 and 4-7 of Article 2, applicants shall pay a fee

for each conciliation application according to the following regulations:

1. Cases under Paragraph 1, Article 2: NT$15,000.

2. Cases under Paragraphs 4 to 7, Article 2:

(1) For those with annual rent under NT$180,000: NT$3,000.

(2) For those with annual rent over NT$180,000 and under

NT$360,000: NT$7,000.

(3) For those with annual rent over NT$360,000 and under

NT$480,000: NT$11,000.

(4) For those with annual rent over NT$480,000: NT$15,000.

On application for conciliation of real estate disputes under

Subparagraphs 2, 3 and 8-20 of Articles 2, no conciliation fee

will be due.

When conciliation involves surveying, the actual costs thereof

shall be borne by the parties.

When the applicant shall have withdrawn their application prior

to the conciliation hearing, or have been subject to declination of

jurisdiction pursuant to any subparagraph of Article 16, then as to

any already paid conciliation fee or surveying expenses, after

deducting therefrom for actual expenses already incurred, the

applicant may within five years from the date of receipt of notice

of the declination of jurisdiction, request a refund whereof. But

where surveying has already been conducted on site,the surveying

expenses advanced, shall not be refundable.


Article 22

Forms of the real estate dispute conciliation application and dispute

conciliation minutes, will be determined by the central land

administration.


Article 23

These Regulations shall take effect from the date of promulgation.