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

Print Time:2024/11/22 07:45
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Chapter Law Content

Chapter VII Valuation of Interests
Article 114
The valuation of interests consists of valuation of superficies, dien, yungtien, easement, agricultural right, servitude of real property, cultivation, mortgage, lease, urban land readjustment, transferable development right and exchange of right.
Article 115
The valuation of interests should consider factors affecting value of interests such as contract, lease terms, registered rights, relevant regulations, social custom, status of rights in the normal market and etc.
Article 116
The valuation of superficies right should consider factors such as purposes, duration of right, whether rent is paid, restriction on right transfer, the spatial location of the right and etc.
Article 117
The valuation of dien right should be based on dien payment and consider factors such as duration of right, restriction on right transfer and etc.
Article 118
The valuation of yungtien right should consider factors such as rent payment, social custom and etc.
Article 118-1
When agricultural right is valued, the following factors shall be taken into account: purposes, method of agreement, duration of interest, the amount of land rent, restriction on conveyance of rights, social conventions, special improvement on land to improve productivity or convenience of use.
Article 119
The valuation of servitude of real property should consider factors such as conditions of use on the properties that provides and demands the rights respectively, duration of right, nature of servitudes, social conventions and etc.
Article 120
The valuation of cultivation right should consider factors such as cultivation period, registered right, relevant regulations and etc.
Article 121
The valuation of mortgage should be based on the normal value of the subject property on the date of value opinion. On the basis of the actual mortgage amount, adjustments are made after taking into account factors such as other mortgages on the same property, liquidity, risk, appreciation, the difficulty of implementation and etc. to arrive at the final appraised value.
Article 122
The valuation of tenancy should consider factors such as contract, function, duration of lease, method of rent payment, use purpose, use condition and etc.
Article 122-1
When the purpose of valuation is for urban land readjustment projects, the items examined before and after readjustment shall be based upon Act of Equalization of Land Rights and Its Enforcement Rules, Enforcement Regulations of Urban Land Readjustment, Regulations of Promoting the Involvement of Land Owners in Urban Land Readjustment and other relevant legislations.
Article 123
The valuation of transferable development right should consider site from which development right is transferred, site receiving development right, other factors affecting real estate price, relevant regulations and etc.
Article 124
For the valuation of rights exchange in an urban renewal scheme, the items examined shall be based upon Urban Renewal Act and Regulation on Implementation of Rights Exchange for Urban Renewal and other relevant legislations.
Article 125
For the subject property that is a condominium unit prior to rights exchange scheme, the respective value of each unit for its share of rights on the site shall be estimated by means of the site value ratio of the whole property following the rules as below:
The value for share of rights on site of individual condominium unit = the value of individual condominium x site value ratio Formula for calculating site value ratio stated in the preceding paragraph is as follows:
Site value ratio = unit value of land as if vacant x site size / unit value of land as if vacant x site size +【unit construction cost x (1-accrued depreciation rate) x size of the whole building】
Should the estimated value for share of rights on site based on the rule of the above paragraph be apparently unfair due to unusual conditions of the subject condominium, its value can be further adjusted in reference to the value estimated based on Article 126-2.
Article 126
In the case that prior to rights exchange scheme the present value of the site where condominium units stand is lower than the value of the site as if vacant, the values of share of rights on sites associated with respective condominium units are calculated as follows:
1. Following the rules set up in the preceding Article to derive site value ratio.
2. Value for the share of right on site associated with respective condominium units = respective values of condominium units x site value ratio.
3. Ratio of value for the share of right on site associated with respective condominium units = value for the share of right on site associated with respective condominium units / Σ value for the share of right on site associated with respective condominium units.
4. Adjusted value for the share of right on site associated with respective condominium units = value of site as if vacant where condominiums stand x ratio of value for the share of right on site associated with respective condominium units.
Article 126-1
For buildings other than condominium units prior to rights exchange scheme, the value for the right of site shall be estimated as the figure of total property value multiplied by site value ratio. In the case that the value for the right of site is lower than the value of site as if vacant, the value of site as if vacant will prevail.
Article 126-2
In the case that condominium units are in place prior to rights exchange scheme but some owners of the site do not possess ownership of the building, the respective value for the share of rights on land for those owners are estimated based on the rules below:
1. If their respective share of rights on land is able to correspond to a specific part of the building, their respective value for the share of rights on land shall be the residual of the value for share of rights on building subtracted from the value for share of rights on the site estimated based on Article 125 or Article 126.
2. If their respective share of rights on land is unable to correspond to a specific part of the building, the following rules apply:
2-1 The price per unit of the site is estimated based on Article 125 or Article 126.
2-2 The above price per unit of the site times the size of site to which the part of building that is not possessed corresponds to.
2-3 Estimate the value of rights for the whole building.
2-4 Estimated value of rights for the whole building times the percentage of size of site to which the part of building that is not possessed corresponds to.
2-5 The figure derived from 2-4 is subtracted from the figure derived from 2-2.
If an agreement is reached between the holders of the share of rights to the site who do not possess rights to the building, and the owner of the part of building whose share of rights to the site corresponds to, their agreement applies.
Article 127
In the case that a site has not developed prior to the rights exchange scheme, the value of land rights for this site is estimated as if vacant.
Article 128
The allocated part of building and land for a condominium after a rights exchange scheme is completed shall take into consideration the architectural plan, material standards, equipment quality, construction costs specified in the rights exchange plan of urban renewal scheme, and the relationship between floor utility ratio before and after the urban renewal scheme and other relevant factors.
This appraisal shall be based upon the value of a newly completed property on the date of assessing this urban renewal scheme.
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