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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 07:55
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Chapter Law Content

Chapter III Appraisal Approaches
Article 18
Sales comparison approach is a method, which based on the value of the comparable properties is through comparison, analysis, adjustment and other means to estimate the value of the subject property comparing.
The value estimated in accordance with the approach in the previous paragraph is sales comparison value.
Article 19
Definitions of terms referred to in this Section are as follows:
1. Condition adjustments: the adjustments made when some conditions in respect of price formation of the comparable properties differ from normal ones, or when other conditions exist which might influence the price of the comparable properties, such adjustments are made to the part of value which is affected.
2. Date adjustments: the adjustments, caused by the price difference resulting from the time gap between the transaction date of the comparable properties and the date of value of the subject property, such adjustments should be made to the values of the comparable properties to reach an estimated value of the subject property by percentage adjustment or dollar adjustment whichever is deemed appropriate.
3. Local factor adjustments: the adjustments needed because the selected comparable properties are not within the same neighborhood area as the subject property. The values of the comparable properties are adjusted to reflect the difference in location. Price differences due to the local factors between the comparable properties and the subject property should be analyzed and adjusted through every individual item.
4. Individual factor adjustments: the adjustments made to the values of the comparable properties where the adjustments reflect the differences in individual factor between the comparable properties and the subject property, and all individual factor should be analyzed and adjusted.
5. Percentage method: a method in which local and individual factors possibly leading to the value differences between the comparable properties and the subject property are individually compared, and the values of the comparable properties are adjusted according to their comparatively superior or inferior factors to those of the subject property in percentage terms.
6. Dollar method: a method in which local and individual factors possibly leading to the value differences between the comparable properties and the subject property are individually compared, and the values of the comparable properties are adjusted according to their comparatively superior or inferior factors to those of the subject property in dollar terms.
7. Econometric modeling methods: the methods that, following collection of a sufficient number of representative comparables, through analysis of econometric modeling, establish the relationship between the values of comparables and principal price-influencing factors so as to estimate the percentage adjustment and dollar adjustment of those price factors.
Article 20
The following requirements should be met when applying the econometric modeling method in the previous article:
1. A number of comparables at least five times more than the number of independent variables in an econometric model are required.
2. The adjusted coefficient of determination should not be less than 0.7 if a regression model is adopted as the econometric model.
3. The probability of coefficients of all key factors, except the intercept item, simultaneously being equal to zero should not be higher than 0.05.
Article 21
The procedure of sales comparison approach are as follows:
1. Collecting and verifying data related to the comparable properties.
2. Selecting the comparable properties with same or similar characteristics to those of the subject property.
3. Undertaking condition adjustments and date adjustments to the values of the comparable properties.
4. Deciding to employ percentage or dollar adjustments after comparing and analyzing the differences in local and individual factors between the comparable properties and the subject property.
5. Calculating the indicated value of the subject property.
6. Determining the sales comparison value of the subject property.
The indicated value, stated in Subparagraph 5 of the previous paragraph, refers to the value reached after condition adjustments, date adjustments, local factor adjustments and individual factor adjustments to the values of the comparable properties.
Article 22
The following matters in respect of the collected comparable properties should be investigated and verified:
1. Sale price and how the expenses are paid.
2. Sales conditions; if there exist unusual payment methods, and how.
3. Situations in respect of the comparable properties.
4. Sales date.
Matters prescribed in the preceding paragraph that are difficult to investigate and verify should be specified in an appraisal report.
Article 23
Appropriate adjustments should be made in advance if the following conditions occur in the comparable properties, the comparable properties should not be admitted if the conditions affecting the sale prices could not be effectively taken into consideration and quantitatively adjusted:
1. Rushed buying or selling, or rushed letting out or renting.
2. Transaction affected by anticipation.
3. Transactions affected by debt.
4. Transactions among relatives.
5. Transactions of fragmented land or land to be assembled with others.
6. Transactions with dispute over the improvement upon land.
7. Auctions.
8. Auctions or sales to interested persons of public land.
9. Transactions affected by superstition.
10. Transactions including land for public facilities.
11. Contrived transactions.
12. Transactions with uses against the laws.
13. Other unusual transactions.
Article 24
When implementing value adjustments for the value differences between the subject property and the comparable properties to account for the differences in local and individual factors, the percentage adjustment method should the principal method. The dollar adjustment method could also be applied, and reasons for employing this method should be specified in the appraisal report.
Article 25
In the process of calculating adjustments to obtain the indicated value, the comparable properties should be judged to differ too much from the subject property and not to be admitted if either the local factor adjustments or individual factor adjustments, or one of the items of local factor adjustments or individual factor adjustments is over 15%, or the combined adjustments to condition, date, local and individual factors is over 30%. The above restrictions do not apply when the subject property is with special conditions or on a special location, thus with scarcity of relevant market sales information, and these are detailed in the appraisal report.
Article 26
The comparatively higher or lower indicated values of the subject property should be reexamined. Only the ones, which are examined and believed to be reasonable, could be used as the base for determining the sales comparison value. Those indicated values, after due consideration, whose figures still differ from others by over 20 percents shall be excluded from further application.
The difference of above-mentioned over 20 percents refers to the situation that the ratio of difference between the high and low values to the averaged figure of the high and low values is over 20 percents.
Article 27
A real estate appraiser should adopt at least three comparable properties, and through the process of estimation and review stated in the preceding Article, to arrive at the indicated values of the subject property. The reliability of collected data for comparable properties, and the degree of similarity in formation of values between the comparable properties and the subject property are then taken into account to determine the sales comparison value of the subject property. In addition, details of all adjustments undertaken need to be stated.
Article 28
Income approach refers to those methods such as direct capitalization method and discounted cash flow method. The value estimated according to this approach in the previous paragraph is income value.
Article 29
Direct capitalization method is a method to estimate the value of the subject property which apply an appropriate capitalization rate on the date of value opinion to capitalize the average objective annual net operating income in the future into an indication of value.
Article 30
Direct capitalization method operates as follows:
Income value = the average objective annual net operating income in the future / a capitalization rate
Article 31
Discounted cash flow method refers to the method that sums up the discounted net operating incomes over the future periods of analyzing cash flow and the property value at the end of the analysis periods using appropriate discounted rates to estimate the value for the subject property.
Discounted cash flow method mentioned in the preceding paragraph is applicable to real estate investment appraisal for investment purpose.
Article 32
The equation of discounted cash flow method reads as follows:
(the formula see the attached file)
Article 33
Estimation and calculation of the objective net operating income of the subject property should be based on its highest and best use, and should take into account the income of neighboring similar properties based on their highest and best uses.
When discounted cash flow method is adopted as the appraisal method for the purpose of real estate securitization, contract rent shall be taken to represent the net operating income over analysis periods for the subject property. This restriction does not apply if special conditions exist thus contract rent is deemed inappropriate and the conditions are detailed in the appraisal report.
When the above contract rent is unknown, the market economic rent shall be used to estimate the objective operating income.
Article 34
The procedures of income approach are as follows:
1. Collecting the data in respect of potential gross income, total expenses, and capitalization rate or discount rate and etc.
2. Estimating effective gross income.
3. Estimating total expenses.
4. Calculating net operating income.
5. Determining capitalization rate or discount rate.
6. Calculating the income value.
Article 35
Data in respect of potential gross income, total expenses, and capitalization rate or discount rate, over the last three years, of the subject property and comparable properties with same or similar characteristics should be gathered when income approach is applied.
If difficulties are encountered with collection of the above last three-year data, relevant details shall be stated in the appraisal report.
When the data specified in paragraph 1 are colleted, their reasonableness should be comprehensively judged to verify the usefulness of those data. The data could also be adjusted according to their persistence, stability, and growth situation.
When collecting potential gross income data according to Article 34, property rent can be estimated so as to verify the reasonableness of the income data.
Article 36
The steps of calculating effective gross income are as follows:
1. Analyzing and estimating the potential gross income of the subject property.
2. Estimating the loss of income caused by vacancy and other reasons.
3. The remaining sum of deducting the loss of income stated in the preceding paragraph from potential gross income stated in the paragraph 1, is the effective gross income of the subject property.
The potential gross income, specified in subparagraph 1 of the preceding paragraph, refers to the amount of rent or revenue, derived from the legal lease or operation of the subject property under normal conditions on the date of value opinion.
Article 37
The following data should be checked and compared with when calculating potential gross income and effective gross income:
1. Potential gross income and effective gross income of the subject property in previous years.
2. Potential gross income and effective gross income in the same industry or of the substitutable comparable properties.
3. Potential planned income, at present or in the future.
Article 38
When estimating total expenses of the subject property, including land value tax or land rent, house tax, insurance premium, management fee, repair costs and etc, the estimation should be based on the expenses or number in accounting reports from identical or similar properties. The total expenses should include operating expenditures for revenue-generating properties.
When appraisal purpose is for real estate securitization, the total expenses in the discounted cash flow method shall be estimated based upon the trust plan.
Article 39
When estimating the total expenses of the subject property, the replacement allowance for the components of the property that need to be replaced during its economic life shall be inferred, and these expenditures be allocated on an annual basis based on its effective life and consumption ratio.
Article 40
When estimating the total expenses of the subject property, in addition to all individual expense of this property, for a subject property that comprises a building, the recapture allowance of the building should also be included. Or in the case of estimating income value, not only the capitalization rate or discount rate for building shall be taken into account, but also the future recapture rate, based upon the value as of the date of value opinion for the building.
Article 40-1
The recapture allowance of a building can be estimated using the following formulas
1. Equal depreciation type:(the formula see the attached file)
2. Sinking fund type:(the formula see the attached file)
Estimation of the above building total costs, ratio of salvage value, interest rate for own capital, and building economic life shall follow the relevant rules specified in the cost approach.
Article 41
The future recapture rate as of the date of value opinion for a building can be inferred through the following formula:
1. Equal depreciation type:(the formula see the attached file)
2. Sinking fund type:(the formula see the attached file)
The above depreciation rate is estimated according to relevant rules specified in cost approach.
Article 42
Net operating income equals effective gross income with deduction of total expenses.
For net operating income described in the preceding paragraph accrued to a revenue-generating property, the net operating income should exclude other net operating income not accrued to the property.
Article 43
A capitalization rate or discount rate should be determined from a comprehensive review of the following methods:
1. Risk premium method: The fixed deposit interest rate, government bonds rate, real estate investment risk, money supply-demand variation, the trend of real estate value and etc. should be taken into consideration to decide the likely rate of return on the most common investment as a basis in order to derive the capitalization rate or discount rate. The differences of individual characteristics between the above most common investment and the subject property should be compared in terms of their liquidity, risk, appreciation, and management.
2. Market extraction method: Selecting several comparable properties, which are identical with or similar to the subject property, followed by dividing their respective net operating income price and comparing the resulting to determine quotients the capitalization rate.
3. Weighted average capital cost method: The formula based upon weighted average capital cost is as follows:(the formula see attached file)
4. Debt coverage ratio method: The formula based upon debt coverage ratio is as follows:
Capitalization rate or discount rate = debt coverage ratio x mortgage constant x the ratio of mortgaged capital to property price
5. Effective gross income multiplier method: The formula based upon the due net operating income rate that is derived as the ratio of annual net operating income to annual effective total income for similar properties in the market, and based upon effective gross income multiplier that is derived as reasonable price divided by annual effective gross income is as follows:
Capitalization rate or discount rate = net operating income rate / effective gross income multiplier
Relevant details are required to be stated in the appraisal report shall a need arise to employ other methods than those specified in this Article to determine capitalization rate or discount rate.
Article 44
Land income value is estimated according to the following calculations:
1. With no building on land:
Land income value = land net operating income / land capitalization rate
2. With buildings on land:
Land income value = (built-up property net operating income-building net operating income) / land capitalization rate Building net operating income is estimated according to the following calculations:
1. With deduction of recapture allowance from net operating income:
Building net operating income = building cost value x building capitalization rate
2. Without deduction of recapture allowance from net operating income:
Building net operating income prior to recapture allowance = building cost value x (building capitalization rate + the future recapture rate based upon the value on the date of value opinion)
Article 45
Building income value is estimated according to the following calculations:
1. With deduction of recapture allowance from net operating income:
Building income value = building net operating income / building capitalization rate
Building income value = (built-up property net operating income-land net operating income) / building capitalization rate
2. Without deduction of recapture allowance from net operating income:
Building income value = building net operating income prior to recapture deduction / (building capitalization rate + the future recapture rate based upon the value on the date of value opinion)
Building income value = (built-up property net operating income prior to recapture allowance - land net operating income) / (building capitalization rate or discount rate+ the future recapture rate based upon the value on the date of value opinion)
Land net operating income stated in the above paragraph may be calculated by estimation of land value through sales comparison approach multiplied by land capitalization rate.
Article 46
Built-up property income value is estimated according to the following calculations:
Built-up property income value = built-up property net operating income / built-up property capitalization rate
Built-up property capitalization rate could be estimated, in addition to specification in Article 43, according to the following formula:
1. With deduction of recapture allowance from net operating income:
Built-up property capitalization rate = land capitalization rate x land value ratio + building capitalization rate or discount rate x building value ratio
2. Without deduction of recapture allowance from net operating income:
Built-up property capitalization rate = land capitalization rate x land value ratio + (building capitalization rate+ the future recapture rate based upon the value on the date of value opinion) x building value ratio
Determination of land value ratio and building value ratio mentioned in the preceding paragraph should take into consideration the analysis of data collected from the local property market or the result of other appraisal approaches.
Article 47
The income value over a certain period of time is estimated according to the following calculations:(the formula see the attached file)
Average annual net operating income prior to consideration of recapture could be derived by applying the above formula if the income value is known.
If a period-end value is present, when the period that generates income comes to an end, the discounted present period-end value can be added to the income value. In addition, costs relevant to the disposal of this property at the end of the period can be subtracted from the period-end value.
Article 48
Cost approach refers to an approach to estimating the value of the subject property, by deducting the accrued depreciation or other item due to be subtracted from the reproduction or replacement cost, based on the date of value opinion.
The value estimated according to the approach in the previous paragraph is cost value.
It is the reproduction cost that should be estimated in appraising a building. But the replacement cost could be adopted in the case that the materials in the building construction are no longer in production or the construction method has been changed.
Reproduction cost refers to the cost for duplication of a building using identical or highly similar material standard, design, layout, and construction quality with the subject property on the date of value opinion.
Replacement cost refers to the cost for construction of a building using modern material standard, design, and layout to provide utility equivalent to the subject property on the date of value opinion.
Article 49
The procedures of cost approach are as follows:
1. Collecting data.
2. On-site survey.
3. Investigating, compiling, comparing, and analyzing individual cost and related expenses and etc.
4. Choosing a proper method to estimating construction or building cost.
5. Estimating other costs and profits.
6. Calculating total costs.
7. Estimating accrued depreciation of the building.
8. Calculating cost value.
Article 50
In addition to collecting data specified in Article 11, the following data for land and building are to be applied for and collected if necessary:
1. The proposal of land development and construction outline.
2. Design blueprint.
3. Relevant permission or license.
4. Construction plan booklet.
5. Drawing of a completed building.
6. Operating license.
7. Registration transcript or flat location drawing of a building.
Article 51
In applying cost approach, the following data within the same primary market area with the subject property should be collected:
1. Price level of individual construction material and labor.
2. Costs for building, construction, planning, design, advertisement, sales, management, tax, and etc.
3. Interest rate on capital.
4. Profit rate on development or construction.
Article 52
Total costs of the subject property should include the following costs and related expenses:
1. Building or construction costs.
2. Planning and design fee.
3. Advertisement and sales fee.
4. Management fee.
5. Tax and other burden.
6. Capital interest.
7. Development or construction profit.
For the subject property stated in the preceding paragraph that is land or includes land, its total costs should include the land value on the date of value opinion.
Every calculation process should be accurately stated in the cost value calculation sheet.
Article 53
The construction or building costs of the subject property consist of the following items:
1. Direct material cost.
2. Direct labor cost.
3. Indirect material cost.
4. Indirect labor cost.
5. Management fee.
6. Tax.
7. Capital Interest.
8. Construction or building profit.
Article 54
Construction or building cost of the subject property can be derived according to one of the following methods:
1. Direct method: Investigating the kind, grade and volume of materials employed and kind and time duration of labor needed for the component or whole parts of the subject property, and on the basis of the respective unit price of materials and labor on the date of value opinion in the area where the subject property is located to calculate the construction or building cost.
2. Indirect method: Following the selection of the comparable properties similar to the subject property or the standard building within the neighborhood or similar area of the primary market area, the differences of conditions in respect of construction or building costs between the comparable properties or the standard building and the subject property are compared and adjusted by price to derive the construction or building cost
of the subject property.
Article 55
The direct method comprises two approaches as follows:
1. Quantity survey method: Multiplying the unit price and wage by volumes of needed building materials and labor for the subject property added by management fee, tax, capital interest and profit.
2. Unit-in-place method: Multiplying the unit price by volumes of individual item for constructing a building and sum them up.
Article 56
The indirect method comprises two approaches as follows:
1. Building cost comparison method: Comparing the differences of individual preliminary construction items between the subject property and the comparable properties or the standard building to derive the construction or building cost through adjustment by construction price and construction volume ratio.
2. Unit square (or Cubic) method: On the basis of unit square (cubic) construction or building cost of comparable properties or the standard building to adjust price for the differences between them and the subject property by comparison, multiplied by the square (cubic) units of the subject property to derive the construction or building cost of the subject property.
The standard building stated in the above paragraph refers to the building constructed or built in accordance with the construction or building cost standard table.
The construction or building cost standard table stated in the preceding paragraph should be announced by the National Association of Real Estate Appraiser Guilds (“National Association” is hereafter called) based on different kinds of main building structure and areas. Prior to announcement being made, the construction or building cost is estimated on the basis of the standard unit price table for the purpose of investigating land value promulgated by Special Municipality or County / City government.
Article 57
In the case that the subject property is a building, planning and design fee is calculated, according to the architect service fee table instituted by the Ministry of Interior and the construction cost table for the building license promulgated by Special Municipalities or County / City governments, or estimated as 2% to 3% of actual construction or building cost.
Article 58
Capital interest of the subject property should be calculated, according to capital installments and duration of capital invested, to derive interest amount respectively for own capital and capital loaned. The ratio of own capital to loaned capital is estimated on the basis of bank’s general mortgage percentage.
The capital interest stated in the preceding paragraph should be derived by multiplying interest rate by the sum of building or construction fee, planning and design cost, advertisement and sales fee, management fee, tax and other burden.
For the subject property stated in paragraph 1 that is land or one that includes land, land value shall be added into the sum depicted in the previous paragraph.
Article 59
The interest rate for own capital should not be higher than annual rate of a saving account and not be lower than the rate of a current account, and the interest rate for loaned capital should be based on the bank’s short-term loan interest rate. Capital resulting from pre-sale income should not be counted in calculating interest.
Article 60
Construction or building profit of the subject property should be estimated by multiplying the sum of construction or building cost, planning and design fee, advertisement and sales fee, management fee, tax and other burden by a proper rate of return after taking into consideration the project scale, project duration, economic conditions and other factors.
The rate of return stated in the preceding paragraph should be regularly announced by National Association regularly, and determined by reference to the average operation rate of return in construction or building industry before National Association has announced it. The rate of return for different types of construction or building could also be adjusted after taking into consideration the operating risk and duration of construction or building.
The duration of construction or building stated in the preceding paragraph refers to the uninterrupted period of time between the applications of a building permit through completion of the building ready for transfer.
For the subject property stated in paragraph 1 that is land or one that includes land, land value shall be added into the sum depicted in the previous paragraph.
Article 61
Advertisement fee, sales fee, management fee and tax should be determined as the total costs multiplied by respective tariffs of various fees. The respective tariffs for various fees shall be regularly announced by the National Association.
Article 62
Advertisement fee, sales fee, management fee, tax or construction or building profit are allowed not to be included in cost estimation depending on the nature of the subject property.
Article 63
An unfinished building should be appraised on the actual completed parts, or based on the construction or building cost standard table of a standard building together with reference to the cost ratio table of building construction progress.
The National Association should announce cost ratio table of building construction progress stated in the preceding paragraph.
Article 64
For investment on land or buildings whose cost is not commensurate with the normal revenue, the cost is allowed not to be included in total cost or be deducted by depreciation, which should be detailed in the appraisal report.
Article 65
Depreciation of a building should be estimated based on its economic life, but is allowed to be estimated based on its physical life if necessary.
Economic life refers to the duration of years for a new building to become unworthy to use due to the deterioration of function or utility of the building.
Physical life refers to the duration of years for a new building to become unusable due to the fragile structure caused by natural wear or damage of external force.
In case the age of a building has exceeded its economic life, the economic life should be adjusted.
Article 66
The table of economic life of building should be announced by the National Association in respect of different kinds of building structure and different regions, based on economic function and utility of buildings.
Article 67
The ratio of salvage value of a building should be announced by the National Association, and this ratio shall in principle not exceed 10%.
If there is no salvage value on a building at the end of its life; the salvage value will not be taken into account while estimating depreciation.
The ratio of salvage value stated in paragraph 1 refers to the ratio of the sales value of the residual structure and internal equipments of a building in the market to the total building cost, on the date when the economic life of this building expires.
When determining the salvage value of a building based on the ratio of salvage value stated in paragraph 1, the clearance costs involved when the building has reached the end of its life shall be taken into consideration.
Article 68
The calculation of accrued depreciation for a building shall take account of features of the building and market conditions, so as to determine the appropriate method of depreciation among the straight-line depreciation, convex-type depreciation or concave-type depreciation.
As for estimation of accrued property depreciation amount, in addition to consideration of physical and functional factors, component parts of individual buildings and their uses shall be considered from the economic perspective, and the maintenance and renovation of buildings be observed, to estimate the remaining economic life of the building. The above remaining economic life is then added to the passed years to arrive at the economic life of the building, and the calculation should be detailed in the
appraisal report.
Article 69
The calculation formula of cost value is as follows:
1. Land value = land total cost.
2. Building cost value = building total cost - building accrued depreciation.
3. Built-up property total cost = Land value + building cost value The land value stated in the previous paragraph may be estimated by sales comparison approach or income approach if land value is difficult to ascertain, and the details should be specified in the appraisal report. When sales comparison approach or income approach is employed to estimate the land value, the rationality of advertisement fee, sales fee, management fee, tax, capital interest and profits associated with land needs to be considered.
When the formula in paragraph 1 is applied to estimate land value, the value diminution of capital invested on land may be taken into account and deducted from land total cost.
Article 70
The method of land development analysis is estimate the land development analysis value prior to development or construction, by deducting the direct cost, indirect cost, capital interest and profit during the development period, from total sales price of properties after completion of development or construction. This analysis acknowledges the changes in utility of land through development or improvement in accordance with legal use and density of the land.
Article 71
The procedures for the method of land development analysis are as follows:
1. Identifying the content of land development and estimating the duration of development needed.
2. Investigating individual cost and related expenses, and collecting current market prices and etc.
3. On-site survey and investigating and analyzing the degree of development in the local environment.
4. Estimating the marketable area of land or building after construction or building.
5. Estimating the total sales price of properties after completion of completion of construction or building.
6. Estimating individual cost and related expenses.
7. Deciding an appropriate rate of return and an overall capital interest rate.
8. Calculating land development analysis value.
Article 72
Besides collection of data stated in Article 11, the following information should be gathered where necessary for undertaking the method of land development analysis.
1. Proposal of a development project.
2. Design blueprint or land plan layout.
3. Application or permit of construction.
4. Construction or building costs.
5. Expenses for planning, design, advertisement, sales, management, tax, and etc.
6. Capital interest rate
7. Rate of return for construction or building.
Article 73
On-site survey and investigation and analysis of the development degree in local environment include the following matters:
1. Investigating factors affecting total sales amount, cost, expense, and etc.
2. Ascertaining the progress of project, and construction on the subject property and the environmental conditions, and taking necessary photos or making electronic films.
3. Gathering and investigating transaction data in the market.
4. Development degree of land and buildings and public facilities in the surrounding environment.
Article 74
The marketable areas of land or building after completion of construction or building should be estimated according to the following principles:
1. The areas estimated based upon the building permit, architecture design drawing or in documents of land development permission and map plan layout.
2. The areas estimated which take into account terrain, topography and local market circumstances and the highest and best use of the land in accordance with the relevant regulations in the case that building permit or permission of land development on the land has not been obtained.
The calculation process of the marketable areas stated in the preceding paragraph should be illustrated for later examination.
Article 75
Total sales price after completion of construction or building should be estimated by multiplying the marketable areas, of land or building after completion of construction or building, by the anticipated unit sales price.
In the case that the unit sales price for individual parts of the marketable areas differs, areas of each part and its respective unit price should be listed in detail.
The unit sales price stated in the previous paragraph should take account of the price expected to be realized as of the date of value opinion, and be derived by sales comparison approach or income approach.
Article 76
The items of the direct cost and indirect cost of building and development on land are as follows:
1. Direct costs: Building or construction cost.
2. Indirect costs consist of:
(1) Planning and design fee.
(2) Advertisement and sales fee.
(3) Management fee.
(4) Tax and other burden.
Article 77
Advertisement fee, marketing fee, management fee and tax payment shall be calculated as total sales price multiplied by respective tariffs.
The respective tariffs shall be regularly announced by the National Association.
Article 78
Calculation of planning and design fee and the rate of return for the method of land development analysis shall follow the of Articles 57 and 60.
Article 79
Estimation of capital annual interest in respect of the overall capital interest rate for the method of land development analysis shall be based upon the Articles 58 and 59, and makes reference to the following formulae:
Overall capital interest rate = capital annual interest rate x (land value ratio + building value ratio x 1/2 ) x development years.
For those subject properties that bear unusual capital interest, or whose construction of buildings does not start immediately after acquisition of land, their overall capital interest rate can be further adjusted on the part of 1/2 specified in the above paragraph, and be detailed in the appraisal report.
Building value for the building value ratio in paragraph 1 can be estimated based upon the sum of construction costs and planning and design fee.
Article 80
The duration of construction refers to the period of time between the dates of value opinion through the completion of construction without interruption.
Article 81
The calculation formula for the method of land development analysis value is as follows:
V = S ÷(1 + R) ÷(1 + i) - (C + M)
where
V: land development analysis value.
S: the expected total sales price after completion of construction or building.
R: the appropriate rate of return.
C: the direct cost for construction or building.
M: the indirect cost for construction or building.
i: the overall capital interest rate for the total costs of construction or building.
Article 82
Information announced by the National Association according to Articles 56, 60, 61, 63, 66, 67 and 67 should be reported in advance to the central competent authority for reference.
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