No Support JavaScript

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

Print Time:2024/11/22 08:33
:::

Chapter Law Content

Title: Urban Renewal Act CH
Category: Ministry of the Interior(內政部)
V Right Transformation
Article 48
When using the right transformation method to implement urban renewal, the implementers should draft a right transformation plan after the urban renewal project plan has been approved and announced. The implementers should also engage in the reviewing process, public exhibition, approvals, and announcement of implementation in accordance with the regulations in Article 32, and Article 33. The same for revising the plan. If necessary, the drafting of the right transformation plan for approval can be processed together with the urban renewal project plan.
If the implementers must enter into public or private lands or buildings within the right transformation area for investigation or survey in order to draft or change the right transformation plan, they can apply the regulations in Article 41 for processing.
The Central Authority enacts the specified items in the right transformation plan and the regulations for implementing the right transformation.
Article 49
To modify right transformation plans can follow the simplified procedures:
1. When changes are made because of one of the following situations, the public hearings, public exhibitions, hearings, and review specified in Articles 32 and 33 shall not be needed:
(1) Rectification of the content of the plan that had been written or computed wrong or other obvious mistakes.
(2) Variations on the allocation of units or parking lots are agreed between allottees or implementers.
(3) Trust registration conducted in accordance with Article 25.
(4) Transferring, dividing, setting up obligations of land and building or revoking collateral rights, lien rights, or defacement of restricted register during the period of right transformation.
(5) Rectifying drawings in accordance with the results of surveying lands or buildings conducted by land administration.
(6) Alteration designated by Subparagraph 2, Paragraph 1 in Article 36 shall require a notarization between original and new implementers.
2. When changes are made because of one of the following situations, the public hearings, public exhibitions, and hearings specified in Articles 32 and 33 need not be held.
(1) The original allottees indicate that they are not willing to participate in allocation anymore. On the other hand, the people who showed they were not willing to participate but changed their minds. If authorities presume that the changes do not affect the variation of other people's rights and profits, there is no necessity to hold an exhibition publicly and a public hearing to declare the changes.
(2) As far as the alterations listed in Subparagraph 7 to 10, Paragraph 1 of Article 36 are concerned, if the changes are presumed by competent authorities to make no influence on the original verified urban renewal project plan, there is no need to conduct public exhibition and hearing.
(3) Changes made to the items in Subparagraph 1 involve changes to the contents of other plans and the competent authority is sure the right transformation plan originally approved will not be affected.
Article 50
The value of rights of different pieces of land before rights transfer the value of rights of land and buildings and the value of rights of other land inside areas covered by rights transfer on the valuation date after renewal shall be appraised by at least three professional appraisers commissioned by the implementer before such value of rights is rated.
The appraisers described in the preceding paragraph shall be jointly appointed by the implementer and landowners. If a joint appointment cannot be achieved, the implementer shall appoint one appraiser as well as openly and randomly select the two other appraisers from the lists of recommended appraisers provided by competent authorities at different levels.
When deliberating on right transformation plans, competent authorities at different levels may, if necessary, delegate other professional appraisers or professional groups to review the appraisal reports from the implementer and provide their opinions, and such opinions may serve as references in the review of right transformation plans.
Competent authorities at different levels shall consult with related professional groups to obtain the lists of recommended appraisers described in Paragraph 2.
Article 51
At the time of rights transfer, the land needed for public facilities, including roads, gutters, playgrounds, neighborhood parks, squares, greeneries, and parking lots, shall be provided by using the original public facility land, unregistered land, and public land for roads, gutters, and riverbanks. The funds needed to cover land shortage and engineering costs, rights transfer fees, loan interest, taxes, management expenses and costs of urban plan changes indicated in the urban renewal project plan, and fees required to apply for various building floor area incentives and floor area transfer shall be paid by the implementer first. After the competent authority approves the aforesaid amounts, the expenses to be jointly shared by land owners inside areas covered by rights transfer shall be calculated in accordance with the ratio of the value of rights of each landowner, urban planning regulations, and the investment put in and benefits received by each landowner. The amounts owed to the implementer shall be paid with land and buildings allocated after rights transfer at a discount. If the land and buildings allocated are smaller than the area of minimum allocation units due to the discount, such payments may be made in cash.
Competent authorities should consider the actual situations to determine the proportion of common shared areas required for landowners within the right transformation area mentioned in the preceding paragraph.
Regarding the public facility within the right transformation area that was not enlisted for common sharing mentioned in the first paragraph, in addition to the original landowners applied for allocation, original public lands should have the first priority to allocate. If this turns out to be insufficient, the discounted price of the land and buildings commonly shared to offset the payment can be used for allocation. However, the publicly owned lands and buildings management institution (organization) or the implementer can request such a public utility management institution (organization) to share the required expenses.
The basic standard of the minimal allocation area unit mentioned in the first paragraph shall be determined by the municipal and county (city) authorities.
Landowners shall give the implementer the amount to be paid in cash as described in Paragraph 1. If any landowners do not pay the amount after they are urged by the implementer, the implementer may request the competent authority to issue written administrative dispositions to order the landowners to pay within a given period. If any landowner fails to comply, the competent authority may transfer the case for compulsory execution by the local branch of the Administrative Enforcement Agency, Ministry of Justice. Afterward, the competent authority shall pay the amount of jointly shared expenses owed to the implementer with the funds acquired through the compulsory execution.
Article 52
After deducting the common sharing of the discounted price substitute payment of the land and buildings after the right transformation, the remaining lands and buildings shall be allocated to the original landowners according to the rights value proportion before each piece of land rights was transformed. For those who are not willing to participate allocation or the land and buildings being allocated have not reached the minimum area unit, cash can be used to compensate them.
Based on the result of the required allocation mentioned in the preceding paragraph, if the allocated area of the lands and buildings is more than the required area allocation, the difference of the amount should be paid. On the contrary, if the allocated area of the lands and buildings is smaller than the required area allocation, the difference in the amount should be released.
After compensatory cash ruled in the first paragraph was released or deposited, implementer should make a volume and submit it to competent authorities which should request competent departments to conduct the registration of ownership transferring.
Based on the cash compensation mentioned in the first paragraph and the released difference amount mentioned in the second paragraph, the compensated persons should be periodically notified to claim the compensation after approval by competent authorities. If the compensation is not claimed before the deadline, it will be deposited in accordance with the law.
Landowners obliged to pay the amount of difference specified in Paragraph 2 shall pay it to the implementer. If any landowners do not pay the amount after they are urged by the implementer, the implementer may request to competent authority to issue written administrative dispositions to order the landowners to pay within a given period. If any landowner fails to comply, the competent authority may transfer the case for compulsory execution by the local branch of the Administrative Enforcement Agency, Ministry of Justice. Afterwards, the competent authority shall pay the amount of difference owed to the implementer with the funds acquired from the execution.
Those who have not paid the required difference in the amount payables cannot transfer the land and buildings that they have obtained from the allocation or set up an obligation. For any person violating this regulation, the transferring or the setup obligation will be invalid. If the transfer is processed because it was an inheritance, it does not come under this regulation.
Article 53
Landowners that disagree with the rights value after the right transformation plan is approved, announced and executed shall apply to competent authorities with written statement within the two months since the date of executing the proposal. The competent authorities shall manage the dissension and deliberate for decision making within three months. Extensions for the deliberation period are permitted under the circumstance that technical assistance or consultation from professional association or institute is required by the competent authorities. The extension period is another three months. The party could file administrative remedy procedures by law if the party does not comply with the results.
During the period of disagreement inspection or administrative remedy procedure, the implementers must continue the urban renewal project unless have the approval from the authority.
If the results of disagreement handling or administrative remedy in first paragraph are different from the original apprised price; both parties must settle the price difference in cash.
The period of disagreement inspection in first paragraph shall deduct the time spending on technical consultation made by technical group or institution that are authorized by competent authority and on rights value re-evaluation made by technical group or institution that are authorized by implementers.
Article 54
When implementing the right transformation area, the municipal, county (city) authority can publicly announce the prohibition of the following matters after the right transformation plan has been approved. If it does not affect the implementation of the right transformation, it is not restricted by this regulation:
1. Transferring, dividing, or setting up obligations of land and building.
2. Remodeling, additional construction or new construction of buildings, taking gravel/soil, or changing the terrain.
The duration of the prohibition mentioned in the preceding paragraph should not exceed a maximum of two years.
In the case of violation of the regulation stipulated in the first paragraph, the municipal, county (city) authority can order demolition, reconstruction, forbid use, or restoration to its original state within a given time limit.
Article 55
Base on the right transformation plan, the implementer's name (title) can be used to apply for a building license without submitting the land, building and other rights certifications.
Where an urban renewal project is implemented by the competent authority or an approved agency (institution) in accordance with Article 12 after public solicitation of capital and assistance for implementation of the urban renewal project is conducted, and the responsibilities and division of labor and contents of assistance are also specified in the urban renewal project plan, the corresponding building permit application may be filed in the names of the capital providers and the implementer without presentation of the other rights certificates.
Before the land improvements inside areas covered by rights transfer are dismantled or relocated, sales of land and buildings after renewal may not be conducted.
Article 56
After the right transformation, the former owners of the allocating land and buildings are considered the original owners starting from the day the allocation result is confirmed.
Article 57
Land improvements inside areas covered by rights transfer to be dismantled or relocated shall be dismantled or relocated by the owners, managers or users within 30 days after the owners, managers or users are notified by the implementer according to the right transformation plan publicly announced by the competent authority. Such properties shall be handled according to the following procedure if they are not dismantled or relocated within the given period:
1. The implementer shall dismantle or relocate the properties.
2. The implementer shall request the competent authority of the municipality or county (city) to dismantle or relocate the properties.
Before dismantling or relocating the properties according to Subparagraph 1 of the preceding paragraph, the implementer shall sincerely negotiate the dates and approaches of dismantling or relocation, resettlement and related matters with the owners, and set the deadline for the dismantling or relocation. If the negotiations fail, the implementer shall act according to Subparagraph 2 of the preceding paragraph and request the competent authority of the municipality or county (city) to dismantle or relocate the properties. After accepting the request, the competent authority of the municipality or county (city) shall negotiate with the owners again. If the negotiations fail, the competent authority of the municipality or county (city) shall set the deadline for the dismantling or relocation. Nonetheless, if the dismantling or relocation is to be conducted by the competent authority of the municipality or county (city), the deadline for the dismantling or relocation may be established when the negotiations fail and the regulation regarding further negotiations shall not apply.
If any land improvements to be dismantled or relocated according Paragraph 1 are assessed as structures of high chloride ion reinforced concrete or buildings with insufficient seismic capacity for obvious hazardous to the public safety, the competent authority of the municipality or county (city) may cite Article 81 of the Building Act and demolish the land improvements without being subject to the provisions set forth in the second section of Paragraph 1 and the preceding paragraph.
If the land improvements to be dismantled or relocated are in the custody of or seized by the government or placed under compulsory execution or administrative enforcement, the implementer shall notify the custodian agency, the seizing agency, the court ordering the compulsory execution or the agency responsible for the administrative enforcement to take necessary measures before dismantling or relocating such properties.
The value or residual value of land improvements to be dismantled or relocated as a result of rights transfer as stated in Paragraph 1 shall be compensated. The implementer shall commission professional appraisers to assess the value before determining the amount of compensation and also notify the indemnitees on a regular basis to collect the compensation. The amounts that are not collected within the given period shall be lodged according to law. Article 53 shall apply mutatis mutandis when indemnitees find the amount of compensation unacceptable.
If dismantling or relocation of land improvements as a result of rights transfer as stated in Paragraph 1 is not conducted by the owners, managers or user, the expenses incurred from dismantling or relocation by others shall be deducted from the amount of compensation.
The competent authorities of municipalities or counties (cities) shall define the application conditions, the documents to be presented and the approaches of negotiation or assessment, the land improvement dismantling procedure, and other related autonomous regulations in order to provide the guidelines when implementers file applications according to Subparagraph 2 of Paragraph 1 and when the competent authority of the municipality or county (city) conducts negotiations or dismantling or relocation of land improvements according to Paragraph 2.
Article 58
For leased lands and buildings within the right transformation area that cannot be used for its leasing purpose due to the right transformation, the lessee can request compensation from the landlord based on the following regulations after the leasing deeds expire. But, if there have other agreements in the deeds, those agreements apply:
1.If the leased land is used for building houses, the lessee can request a compensation equivalent to one-year rentals from the tenant, if the remaining leasing period is less than one year, he/she can request a compensation equivalent to the rentals of the remaining leasing period.
2.For leased land or buildings besides those mentioned in the preceding subparagraph, the lessee can request compensation equivalent to two months rentals.
Lessees of lands within the rights changing area that have cultivated land 375 Leasing Deeds should process it in accordance with the regulations in Articles 60 and 17 of the 375 Leasing Deduction Act, and is not applicable to the regulation stated in the preceding paragraph.
Article 59
Any servitude of real property created over land or buildings inside areas covered by rights transfer shall cease to exist.
If a servitude of real property created as described in the preceding paragraph is defined as requiring monetary rewards, the servitude of real property creator may request the land or building owner for certain compensation. Article 53 shall apply mutatis mutandis when disputes occur over the amount of compensation.
Article 60
Legal Buildings and lands that have been set up with superficies rights, tenant farmer rights or cultivate land 375 leasing deeds within the right transformation area should let the landowners and legal building owners, superficies rights owner, tenant farmer rights owner, agricultural rights, or the lessee of the cultivate land 375 Leasing Deeds reach an agreement among themselves before drafting the right transformation plan by the implementer.
If the agreement mentioned in the preceding paragraph is not reached, or the landowners are not willing or cannot participate in allocation, the implementer can estimate the rights price value of the ownership of the legal building and the price value of the superficies rights, tenant farmer rights, agricultural rights, or the cultivated lands 375 leasing deeds. He then allocates them to the owners of land, superficies rights, tenant farmer rights, agricultural rights or the cultivated land 375 leasing deed within the rights area of the land and buildings, then include them into the right transformation plans. The formerly owned legal building ownership, superficies rights, tenant farmer rights, agricultural rights or cultivate land 375 leasing deeds will be revoked or terminated.
If owners of land, legal building, superficies rights, tenant farming rights , agricultural rights or the lessee of the cultivated land 375 leasing deeds have objections over the price value of the legal building ownership estimated by the implementer and the price value of the superficies rights, tenant farmer rights , agricultural rights, agricultural rights or the cultivated land 375 leasing deeds, the regulation stipulated in Article 53 can be applied .
The allocations mentioned in the second paragraph are considered as transferred without compensation after the landowners obtain the distributed lands. The land value increment tax can be reduced by applying the regulations in Subparagraph 4 of Paragraph 1 of Article 67 and can also allow to be recorded. The land value increment tax shall be paid together by the legal building owner, superficies rights owner, tenant farming rights owner, agricultural rights or the lessee of the cultivate 375 leasing deeds when re-transferred after the rights changed.
Article 61
If the land and buildings within the rights transfer area have been set for collateral rights, lien rights, or registration of restriction, unless such rights and registration have ceased to exist as a result of negotiations among the parties in concern, the implementer shall establish a list and present it to the competent authorities. After the rights transfer, the land and buildings shall be allocated to the original owners according to the sequence of registration. With combined ownerships, the value of collateral rights, lien rights, or registration of restriction shall be calculated according to the rights value of each piece of land or each building before the transfer of the right.
When the compensation for land and buildings is conducted according to Paragraph 3 of Article 52 and Paragraph 5 of Article 57, the implementer shall settle, redeem, or lodge the amounts for properties with collateral rights, lien rights, or registration of restriction without exceeding the amount of compensation for the original land or building owners. Then the implementer shall establish a list and present it to the competent authorities of different levels to instruct the agencies concerned to cancel the registration.
Article 62
The implementer should present a proposal to manage dwellers in illegal buildings, that occupying the land owned by others within the area of the right transformation. The proposal should be accompanied with the right transformation plan for approval. If there has any objection, the regulations in Article 53 can be applied.
Article 63
After the allocation of right transformation, the implementer should separately send the written notice to the land and building benefactors within the area of the right transformation, and should process the turnover within a given time limit. If there is no turnover within the given time limit, it will be considered as having already turned over from the following day the time limit is due.
Article 64
Based on the results of right transformation, the implementer should make a volume of the land and buildings that have been transformed and submit it to competent authorities that should ask competent departments to conduct registration of transferring or cancellation and issue new rights certificates. For those who do not apply to exchange new certificates before the deadline, land authorities shall announce the cancellation of their original rights certificates.
If objections regarding urban renewal are filed when the announcement for registration of ownership of the buildings described in the preceding paragraph is made the first time, the registration agency shall transfer such objections to be handled by the competent authority after the announcement period comes to a conclusion. After handling the objections in accordance with the regulations specified in this Act, the competent authority shall notify the registration agency to proceed with registration according to the handling results without following the regulation set forth in Paragraph 2 of Article 59 of the Land Act.
With land and buildings already registered when the rights transfer is implemented, participation in the rights transfer shall be registered in the names of such owners, and registration of requests for the land and buildings allocated shall also be conducted in the names of such owners.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)