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Chapter Law Content

Chapter IV: General Registration
Section I: General Registration of Land
Article 71
For the general registration, owners shall apply by submitting an application form furnished with related documents to the registration agency within the time limit for registration.
The holder of other rights over land, obtained before the general registration of land, may apply jointly with the owner for registration, within the time limit referred to in the preceding paragraph.
Article 72
All applications for registration that are found upon examination and testimony to be correct and proper shall be publicly announced for 15 days by the registration agency.
Article 73
The public announcement referred to in the preceding Article shall be made at the public announcement place of the competent registration agency, clearly noting the following matters:
(1) The names and domiciles of owners or holders of other rights applying to be registered;
(2) Land descriptions and scopes of rights;
(3) The first and last days of the public announcement;
(4) The time limit, method and the competent authority. for objections raised by any person with interests in such land.
Article 74
If any error or omission is discovered in matters publicly announced according to the preceding Article, the registration agency shall rectify it within the public announcement period, and publicly announce again at the same place for 15 days.
Article 75
If any person with interests in such land raises objections during the public announcement period, and disputes over rights arise, the registration agency shall conciliate according to the provisions of Paragraph 2 of Article 59 of the Land Act after the expiration of the period of public announcement.
Article 76
(Deleted)
Article 77
After the implementation of the general registration of land, its registration procedure may apply, mutatis mutandis, to the registration of any unregistered land when it needs to be coded with a number for registration due to the need for cadastral management.
Section II: Initial Registration of Ownership of Improvements
Article 78
Before the application for an initial registration of ownership of improvements, the applicant shall apply to the registration agency for the initial survey for the said improvements. However, this rule does not apply to improvements with a use permit obtained after October 1, 2013 when marked improvement drawings drawn and certified according to the as-built plans filed for the use permit are submitted for application.
Article 78-1
The marked improvement drawings referred to in the preceding article shall be drawn and certified by architect practitioners, surveying engineers or other professional and technical personnel who are qualified to certify relevant surveys according to law.
The aforementioned marked improvement drawings shall indicate that the floor plan, location map and area of the improvements are indeed drawn in accordance with the as-built plans filed for the use permit, and that in the event of damage to others due to omissions or errors, the builders and drawers are willing to assume legal liability. The drawings shall also indicate the practice license number and be signed or sealed.
In case that the applicant is different from the commissioned drawer in regard to applications for the first registration of improvement ownership in accordance with the marked improvement drawings, the consent to undertake registration according to the drawing results shall be expressed in an appropriate section of the registration application form, and the form shall be signed or sealed.
Article 79
The application for the first registration of improvement ownership shall require use permit or other certificate equivalent to use permit provided by law and the improvement survey result map or marked improvement drawings. Additional documents may be required for the following situations:
(1) The distribution agreement of the joint ownership and the share of improvement base right of each of the total number of builders shall be submitted for the registration application of strata titled improvement;
(2) The distribution agreement among all of the builders of any strata titled improvement shall be submitted along with any application for the registration of the exclusively owned part of strata titled improvement if the applicant’s scope of right and location can not be identified from the use permit;
(3) A certificate of address issued by a household registration agency shall be submitted along with any application for registration for the underground level(s) or protruding structure on rooftop of strata titled improvement that is marked as the exclusively owned part of strata titled improvement on the illustration drawing provided by the competent construction authority and has no assigned address;
(4) A transfer deed or other proof documents shall be required if the applicant is not the builder.
The unmarked exclusively owned part on the drawing referred to in Subparagraph 3 shall require additional agreement about the exclusively owned part made by the joint right holders of strata titled improvement.
An improvement completed without use permit prior to the implementation of building control shall present a document of proof issued by the competent building authority or township (city or district) or one of the following documents issued prior to the implementation of building control:
(1) A household certificate with residency registered to the concerned improvement;
(2) A proof of an official address plate issued to the concerned improvement;
(3) A receipt of house tax payment or tax statement for the concerned improvement;
(4) A receipt of water bill;
(5) A receipt of electricity bill;
(6) A certificate of improvement completion in an area where building control has not yet been implemented;
(7) A topography map, status quo map of urban planning, construction restriction map of urban planning, aerial photography map, or a survey map produced by government agency;
(8) Other document that provides sufficient proof.
The area stated on the document listed above shall be recognized. If such area is not stated, then the registration agency shall assemble a project team jointly with the agencies governing building, agriculture, and taxation from municipality, county (city) government and township (city or district) office to conduct field inspection with reference to related information, such as aerial photograph map; the record of the inspection shall be used in the determination of the area of the legal improvement.
An additional proof of the use of base is required if the improvement and base do not belong to the same owner.
Article 80
A joint right holder of strata titled improvement may separately apply for the first registration of the right of the exclusively owned part and the jointly owned part of the improvement.
Article 81
The jointly owned part of strata titled improvement shall be merged, assigned with a lot number, and registered as joint ownership by the concerned joint owners according to the joint owners’ agreement of the establishment purpose and nature of use, unless other laws or regulations stipulate otherwise.
The registration of the jointly owned part of strata titled improvement is limited to the marking and adding an attachment list stating the jointly owned part; the building number, total area, and scope of right shall be provided on the certificate of ownership and no additional certificate of ownership will be issued.
Article 82
(Deleted)
Article 83
A right holder of strata titled improvement applying for the first registration of ownership of an improvement shall provide proper description of the type of the right of the improvement and its scope in the corresponding column on the application form pursuant to Article 79, in addition to other required documentation.
A registration agency receiving the application for the matter mentioned above shall provide detailed type of the right of the improvement and its scope in the corresponding column on the registration form.
Article 84
The procedure for the general registration of land may, mutatis mutandis, apply to the initial registration of ownership of improvements, unless this section provides for the contrary.