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Chapter Law Content

Title: Building Act CH
Category: Ministry of the Interior(內政部)
Chapter 2 Building Permit
Article 21
(Deleted)
Article 22
(Deleted)
Article 23
(Deleted)
Article 24
For a public-owned building, the proprietor department shall submit the approved or determined construction plan, engineering drawings and specifications to the municipal or county (city) (bureau) competent authority of construction to apply for building permit.
Article 25
Without review made by and the building permit issued by the municipal or county (city) (bureau) competent authority of construction, anyone may not construct, use or demolition any building, unless otherwise enacted in Articles 78 and 98.
To dispose a building constructed, used or demolition without permission, the municipal or county (city) (bureau) competent authority of construction may designate persons to enter the public or private-owned land or building with certificates for inspection.
Article 26
The permit issued by a municipal or county (city) (bureau) competent authority of construction under this Code only means the permission of the claimed construction, use or demolition.
In case the proprietor, designer, supervisor or constructor of a building infringes other’s property, or causes endanger or damage to someone else, liabilities shall be assumed according to the law and the fact of infringement.
Article 27
In regions other than the location of county (bureau) government where this Code is applicable, the Township (city under jurisdiction of county) office may be entrusted to grant the license according to relevant provisions. The permit issued by Township (city under jurisdiction of county) offices shall be reported to the county (bureau) government for reference once every half year.
Article 28
Building licenses are divided into the following classes:
1. Construction license: building license required for new construction, extension, reconstruction or repair of buildings.
2. Miscellaneous license: miscellaneous license is required for construction of miscellaneous works.
3. Usage license: usage license is required for usage or alteration of usage after a building is constructed.
4. Demolition license: required for demolition of buildings.
Article 29
Upon issuing the permit, the municipal or county (city) (bureau) competent authority of construction shall charge the proprietor or owner of the building the stipulated fees or application fee according to the following provisions:
1. Construction license and miscellaneous license: up to 1? of the construction cost of building or miscellaneous works may be charged as the stipulated fees; in case of modification of design, up to 1? of the value of the altered proportion may be charged as the stipulated fees.
2. Usage license: Application fee may be charged.
3. Demolition license: free of charge.
Article 30
To apply for a construction license or miscellaneous license, the proprietor shall submit a letter of application, the certificates of land rights, working drawings and specifications.
Article 31
The letter of application for construction license or miscellaneous license shall include the following contents:
1. Name, age and dwelling address of the proprietor. Name and office of the proprietor, where the proprietor is a legal person.
2. Name and dwelling address of the designer, and registration number and seal of the certificates.
3. Location of the building.
4. Site area, building area, and ratio of base area to building area.
5. Usage of the building.
6. Budgetary estimation of the project.
7. Construction term.
Article 32
The drawings and specification shall include the following:
1. Location map of the site.
2. Situation plan of a proportional scale not less than 1:1200.
3. Plan, elevation and sectional views of the building with a proportional scale not less than 1:200.
4. Dimensional structure and materials of the elements, with a proportional scale not less than 1:30.
5. Necessary structural computation statement prescribed by the municipal or county (city) competent authority of construction.
6. Necessary building illustrations and equipment computation statement prescribed by the municipal or county (city) competent authority of construction.
7. New and existing conduits and discharge directions.
8. Specification of construction.
Article 33
After receipt of the documents submitted by the proprietor to apply for construction license or miscellaneous license, the municipal or county (city) (bureau) competent authority of construction shall finish examination within 10 days, and issue the license to the qualified applicants. But the time limit may be prolonged to up to 30 days where the building is used for the public or has complicated structures.
Article 34
The municipal or county (city) (bureau) competent authority of construction shall examine the specified items of the working drawings and specification of the building, and the architect or together with professional engineers shall authenticate and answer for the rest items. For buildings of special structure or equipments, competent experts or institutions or organizations with the corresponding knowledge and experiences may be consigned or designated to perform examination, and the expenses for the examination or authentication shall be assumed by the proprietor.
Examination or authentication of the above-mentioned specified items shall be performed by those who graduate from the related specialties of colleges or passed the advanced exam or other equivalent special exams, and are appointed according to the law, and have over three years of engineering experiences.
The specified items and fee standard mentioned in the first paragraph will be determined by the Ministry of the Interior.
Article 34-1
Before to apply for construction license, the proprietor shall list the related matters, submit the drawings and pay the application fee, to request the municipal or county (city) (bureau) competent authority of construction to perform pre-examination. During examination, attention shall be particularly paid to the safety of the building structure.
Where the above-mentioned related matters are deemed as qualified in pre-examination, the proprietor may apply for the construction license within 6 moths commencing from the date of the foresaid qualification, and the municipal or county (city) (bureau) competent authority of construction shall approve the examined matters.
The items of the pre-examination mentioned in the first paragraph, the procedure of application and examination, and the fee standard will be determined by the central competent authority of construction.
Article 35
In case of application for construction license or miscellaneous license, where it is deemed the application doesn’t meet this Code or the orders issued under this Code, or encumbers the local urban plan or regional plan, the municipal or county (city) (bureau) competent authority of construction shall detailedly list the unqualified items, and within the time limit enacted in Article 33, notify the proprietor to make correction.
Article 36
After receipt of the first notice for correction, the proprietor shall make complete correction of the matters listed in the notice and apply for re-examination within 6 months. In case that application for re-examination is not submitted within the time limit, or the application is still unqualified in re-examination, the competent authority of construction may reject the application.
Article 37
(Deleted)
Article 38
(Deleted)
Article 39
The proprietor shall execute construction in accordance with the approved working drawings and specification; for alteration of design prior to or during construction, application shall be submitted in accordance with this Code. However, where the main structure or location is not changed, the height or area not increased, and the contents or locations of the building equipments not altered, the as-built plan and elevation views may be prepared and submitted for verification just after construction is finished.
Article 40
In case of loss of a building permit, the proprietor shall announce the permit as useless on newspaper or electronic newspaper, and reapply for a new one.
After receipt of the above-mentioned application, the original department issuing the permit shall re-grant a license within 5 days, and charge the fee of reapplication of the license.
Article 41
Where the proprietor fail to take the construction permit or miscellaneous license within 3 months commencing from receipt of the notice that notifies the proprietor to take the permit, the competent authority of construction may cancel the permit.