Goto Main Content
:::

Chapter Law Content

Title: Building Act CH
Category: Ministry of the Interior(內政部)
Chapter 3 Building Site
Article 42
Building site shall be connected to building lines, and the minimum width of the conjunction will be prescribed by the municipal or county (city) competent authority of construction. In case there is a square or permanent spaces around the building, the width is free of limitation provided that the municipal or county (city) competent authority of construction deems it will never encumber the safety.
Article 43
The ground surface of a building site shall be higher than the surfaces of the adjacent roads, and the slab of the ground storey shall be higher than the surface of the site, unless it doesn’t encumber the drainage of the site, or there are additional waterproof and water drainage equipments provided according to the purpose of the building.
Where the building is equipped with an arcade, the ground surface may not be higher or lower than that of an adjacent arcade, unless it is approved by the municipal or county (city) competent authority of construction due to terrain-related factors.
Article 44
The municipal and county (city) (bureau) government shall specify the minimum area, width and depth of building site according to the local circumstance. Where the area of a building site doesn’t reach the minimum value, no building may be constructed unless the minimum area, width and depth are reached by means of adjustment or merging with adjacent lands.
Article 45
Where the landownership holder of a building site fails to reach an agreement with the landownership holder of adjacent land as mentioned in the above article, he/she may apply for mediation. The municipal or county (city) (bureau) government shall execute mediation within 1 month commencing from receipt of the application. In case the mediation fails, the landownership holder of the building site or the landownership holder of adjacent land may prepay the purchase price according to currency amount of compensation for expropriation to request the governing local government to expropriate and then sell the land within the specified minimum area, width and depth. The compensation employs the market price for expropriation of lands, or the cost of reconstruction for expropriation of buildings. In case that the ownership holders have any disputes, the amount of compensation will be assessed by the Standard Land Price Appraisal Committee.
The sale of expropriated lands is not subject to the procedure described in Article 25 of the Land Act. To sell a piece of land, announcement shall be publicized for 30 days, and notice shall be given to the applicant. Upon expiration of the announcement period, where other parties interested do not state dispute, the land will be sold to the applicant and the rights transfer certificate will be issued. In case of any dispute, the land shall be sold through public tendering, but the original applicant has the preferential right to purchase. Where the income of sale through tendering exceeds the compensation for expropriation, the surplus shall be given to the original ownership holder of the expropriated land.
Where a piece of land in the range described in the first paragraph is public-owned, it may be sold to the ownership holder of adjacent land at the announced current value of the land or a piece of adjacent land.
Article 46
Municipal and county (city) competent authorities of construction shall study out the regulations on use of fragmental lands in accordance with the above two articles and the local circumstance, and report to the Ministry of the Interior for issue and execution after approval.
Article 47
In a area that is likely to be damaged by tide, seaquake, flood or landslide, where there is no protection facility to ensure the safety, the municipal or county (city) (bureau) competent authority of construction shall cooperate with other related departments to allocate the ranges and erect signboards to prohibit construction in this area.