Chapter 8 Supplementary Provisions
Article 58
The central competent authority as well as municipality and county (city) competent authorities that dispose, create a right in rem or lease public land and buildings for a period of over ten years in accordance with this Act shall not be bound by Article 25, Article 104 and Article 107 of the Land Act, Article 28 of the National Property Act and public property management laws of local governments.
Article 59
Before this Act takes effect, where the People with Disabilities Rights Protection Act or Public Assistance Act does not apply, housing subsidies already provided by the government or government directly built public housing that has not been sold shall continue to be implemented in accordance with the applicable law until interest subsidies is discontinued or sales is completed.
Public housing already leased by the government, including tenant qualifications and lease procedures, before this Act takes effect shall continue to be applicable to the original law until the public housing is transformed into social housing or sold. Sales and lease of commercial and service facilities and buildings of public residential communities directly built by the government shall continue to be implemented in accordance with the original law until sales is completed.
Article 60
Where a public residential community directly built by the government that does not form a management committee or elect a manager in accordance with the Regulations on the Management of Apartment Buildings, management and maintenance of the community shall be handled in accordance with the Regulations on the Management of Apartment Buildings starting on the day this Act takes effect.
Where the management and maintenance fund of a public residential community has a surplus or is not appropriated, the municipal or county (city) competent authority shall open a public fund account in the government treasury using the community name, and transfer the community’s management and maintenance fund into the account. After the community forms a management committee or elects a manager in accordance with the Regulations on the Management of Apartment Buildings and submits a report, the municipal or county (city) competent authority shall transfer funds in the account into the public fund account opened by the community.
Article 61
Where management office, basement, alleys, playground, grasslands and any vacant land other than statutory vacant land, and other facilities of public residential communities directly built by the government are included in the price of public housing and registered as public owned, the registration shall be changed to community co-owners and scope of rights calculated based on the ratio of individual ownership. Public facilities of urban planning not applicable to change of registration shall be registered as owned by the local government.
The abovementioned individual ownership ratio shall be based on the ratio of the floor area owned by each individual to total floor area of the residential community. If the public residential community is located on multiple pieces of land, the individual ownership ratio shall be calculated based on the total floor area owned by each individual on all pieces of land to the total floor area owned by individuals on all pieces of land, or the municipal or county (city) competent authority may adopt a registration method beneficial to the community’s future development after taking into consideration the community’s special characteristics or by integrating residents’ requirements.
The land administration office is not required to issue rights certificates for change of registration mentioned in paragraph 1; the scope of rights shall also be transferred in the event the main building is transferred.
Article 62
Where the management office, activity center and other facilities of a public residential community directly built by the government are purchased using a single community management and maintenance fund, but are not transferred to community co-owners or sold according to the decision of the community co-owners meeting before this Act takes effect, community users shall change the registration in accordance with the preceding article, or the facilities may be sold by the local government according to the decision of the community co-owners meeting; the funds acquired from sale of the facilities shall be transferred to the community as a public fund.
Where the abovementioned facilities are jointly purchased by several community management and maintenance funds, the local government shall sell the facilities in accordance with relevant regulations. The funds acquired from selling the facilities shall be distributed to each community based on the ratio each community paid for purchasing the facilities and be used as a public fund. Registration may be changed for management offices, activity centers, and other facilities purchased by a community’s public fund in accordance with the preceding paragraph.
Article 63
For persons that qualified as public welfare landlords in accordance with the Regulations on Guidance and Incentives for Private Organizations to Establish House Rental Service Platforms before the amendment to this Act takes effect on December 23rd, 2016, regulations before the amendment shall still apply.
Article 64
The enforcement rules for this Act shall be enacted by the central competent authority.
Article 65
This Act shall take effect on the date of promulgation.