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

Print Time:2024/11/22 09:18
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Chapter Law Content

Title: Urban Renewal Act CH
Category: Ministry of the Interior(內政部)
IX Supplementary Provisions
Article 83
When implementer of urban renewal project applies for construction license, the law which can be applied is that implemented on the day when the urban renewal project plan was sent to revise. Furthermore, application for construction license should be conducted in two years after the approval of urban renewal project plan.
If rights transfer is adopted in an urban renewal project stated in the preceding paragraph and the right transformation plan and urban renewal project plan is presented separately for approval, application for the urban renewal project building permit shall be filed within one year after the right transformation plan is approved.
If the application is not completed before the deadline as former paragraph, the law which can be applied is that implemented on the day when the construction license is applied.
If the municipal and county (city) governments are slack in their work or put the administration on hold after the summery or plan of urban renewal project or right transformation plan has been sent to revise, implementer can request central government to handle. Then central authority should invite relative association, implementer and those who own related rights to confer immediately. Furthermore, central authority can revise or deal with projects directly when it is necessary.
Article 84
With economically or socially underprivileged people who comply with Paragraph 2 of Article 4 of the Housing Act are proven to be living in the area covered by an urban renewal project plan one year before the plan is approved and announced or one year before the right transformation plan is approved and announced or they are not qualified for the minimum allocation unit and end up becoming homeless after their homes are dismantled or relocated, excepting those who are already included in the resettlement plan of the urban renewal project plan or the resettlement program in the right transformation plan for handling dwellers in illegal buildings, the competent authority of the municipality or county (city) shall provide them with public housing or rent subsidization in accordance with the Housing Act before their homes are dismantled or relocated, or establish a special project to handle such matters. The central competent authority may provide necessary assistance.
In addition to defining the status of economically or socially underprivileged people according to Subparagraphs 1 to 11, Paragraph 2 of Article 4 of the Housing Act, the competent authority of the municipality or county (city) may also assess the actual condition in the renewal unit and define the status according to Subparagraph 12, Paragraph 2 of Article 4 of the Housing Act.
Article 85
The competent authority of the municipality or county (city) shall provide counseling services or necessary assistance with regard to related regulations, financing channels and likely disputes. With parties lacking financial means to seek legal protection, the competent authority of the municipality or county (city) shall take the initiative to help them apply for legal aid or litigation assistance according to the Legal Aid Act, the Administrative Litigation Act, the Code of Civil Procedure or other related laws and regulations.
Article 86
The approval ratio, review and ratification procedure regarding urban renewal project outlines presented before enforcement of the amended provisions of this Act on Dec. 28, 2018 but not yet approved by the competent authority of the municipality or county (city) shall be subject to the regulations after amendment.
The establishment, review and approval and change of urban renewal project plans or right transformation plans for urban renewal project outlines presented for approval or already approved before enforcement of the amended provisions of this Act on Dec. 28, 2018 shall be subject to the regulations before amendment, except for the regulations regarding holding of hearings specified in Article 33 and Paragraphs 1 of Article 48.
After a right transformation plan is established, it shall be presented for approval within five years after the corresponding urban renewal project plan is approved. However, with urban renewal project plans already approved before enforcement of the amended provisions of this Act on Dec. 28, 2018, the corresponding right transformation plans established shall be presented for approval within five years after enforcement of the amended provisions of this Act on Dec. 28, 2018.
The regulations after amendment shall apply to establishment, review, approval and change of right transformation plans if the corresponding urban renewal project plans are not presented for approval within the period specified in the preceding paragraph.
Article 87
The central authority shall prescribe the enforcement regulations for this Act.
Article 88
This Act shall take effect from the date of promulgation.
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