Chapter 5 Construction Management
Article 53
Upon granting construction licenses or miscellaneous licenses, the municipal or county (city) competent authorities of construction shall specify the construction schedule according to the construction term standards.
The above-mentioned construction schedule is computed from the day of commencement. Where the constructor fails to complete construction within the construction schedule due to certain reasons, extension of up to 1 year may be applied for only once. In case application for extension is not submitted or construction is still not completed after the extended period expires, the construction license or miscellaneous license will become invalid since the day of expiration of the extended period.
The construction term standards referred to in the first paragraph shall be prescribed in the regulations on construction management.
Article 54
The proprietor shall start construction within 6 months commencing from receipt of the construction license or miscellaneous license, and shall, before commencement and together with the constructor and the supervisor, report the date of commencement as well as the name or title, dwelling address, certificate number, and construction plan of the constructor to the governing department of construction for reference.
In case of failure to start construction within the time limit prescribed in the above paragraph, the proprietor shall explain the reasons to apply for extension of 3 months for one time. In case application for extension is not submitted or construction is still not started within the extension period, the construction license or miscellaneous license will become invalid since the day of expiration of the extended period.
The contents to be included in the construction plan as mentioned in the first paragraph shall be prescribed in the regulations on construction management.
Article 55
On occurrence of any of the following after receipt of the construction license or miscellaneous license, the proprietor shall immediately report to the competent authority of construction for registration:
1. Alteration of proprietor.
2. Alteration of constructor.
3. Alteration of supervisor.
4. Suspension or cancellation of the project.
For the usable part of a suspended project as mentioned above, the proprietor shall change the design to apply for usage according to relevant provisions, and the unusable part shall be demolished by the proprietor.
Article 56
For the parts of construction works that require inspection, the municipal or county (city) competent authority of construction shall, upon approval of the construction plan, designate the constructor together with the supervisor to submit reports in time before to continue construction, and the competent authority of construction may carry out inspection at any time.
The items and methods of inspecting the above-mentioned parts of construction works that require inspection, as well as the storage term of the inspection records, reporting rules, and the cooperation to be offered by the proprietor, constructor and supervisor shall be prescribed in the regulations on construction management.
Article 58
During construction of a building, the municipal or county (city) (bureau) competent authority of construction may execute inspection at any time where deemed as necessary. In case that any of following is found, the authority shall give written notice to the proprietor, constructor or supervisor to stop construction or make modification, and coercive demolishing may be performed where necessary:
1. Encumbrance to the urban plan.
2. Encumbrance to the regional plan.
3. Harm to the public safety.
4. Encumbrance to the public traffic.
5. Encumbrance to the public health.
6. The main structure, location, height or area is not in conformity with the approved working drawings and the specification.
7. Infringement of other provisions of this Code or orders issued based on this Code.
Article 59
In case of alteration of the urban plan or regional plan, where a building for which the license is already granted but construction has not been started or completed encumbers the altered urban plan or regional plan, the municipal or county (city) (bureau) competent authority of construction may stop the construction, and alter the design according to other related provisions.
Where the proprietor must demolish the building due to the provision of the above paragraph, the municipal or county (city) (bureau) competent authority of construction shall offer compensation at the market price for a part of or the whole building.
Article 60
The supervisors take the responsibility to supervise construction of buildings. In case that construction doesn’t meet the relevant provisions or causes loss to the proprietor, compensation liabilities shall be assumed pursuant to the following provisions:
1. Where it is confirmed by the competent authority of construction that it is necessary to modify, demolish, reconstruct, or reinforce the building because the supervisor deems it as unqualified or the constructor constructs the building arbitrarily, the compensation liabilities shall be undertaken by the constructor.
2. Where it is necessary to modify, demolish, reconstruct, or reinforce the building because the constructor doesn’t perform construction according to the approved drawings, and the supervisor deems it as qualified, but it doesn’t pass the inspection performed by the municipal or county (city) (bureau) competent authority of construction, the constructor shall take the compensation liabilities, and the constructor’s full-time engineer and the supervisor shall take the of the joint and several liabilities.
Article 61
On occurrence of any of the events described in Article 58 during construction of a building, the supervisor shall separately notify the constructor and the proprietor to make modification. In case modification is not made according to the related provisions, the case will be reported to the governing competent authority of construction for disposal.
Article 62
The inspectors assigned by the competent authority of construction shall submit their identity certificates prior to inspection. The proprietor, constructor or supervisor may refuse those who do not have the identity certificates to perform inspection.
Article 63
Appropriate equipments shall be provided or measures shall be taken to maintain the safety, keep danger away and prevent fire for the construction site of buildings.
Article 64
During construction of a building, the stacking of building materials and equipments may not encumber the traffic and the public safety.
Article 65
Where machines are used in a construction worksite, the following provisions shall be observed:
1. The machines may not be used for purposes other than the dedicated objectives, and may not exceed the range of capability.
2. Braking devices and signal devices necessary for operations shall be provided.
3. Where a machine cannot be stabilized by itself, supporting poles or pulling cords shall be used.
Article 66
During construction of a building of two or more storeys, where the part being constructed is less than 2.5m away from the road borderlines or base borderlines, or during construction of a building of five or more storeys, appropriate palings shall be established to prevent articles from dropping down.
Article 67
Where the construction methods or equipments of a construction work cause severe vibration or noise and dusts, and thus encumber the safety or peace of the ambient areas, the competent authority of construction may require the constructor to take necessary measures or restrict the operating time.
Article 68
During construction of a building, the constructor may not damage the public facilities such as roads and conduits. Where such damage is unavoidable, the constructor shall firstly report to the competent authorities for approval, and may start construction of this part only after the maintenance standards and responsibilities during the construction period as well as the repair responsibilities and time limit after elimination of the causes of damage are prescribed.
The above-mentioned damaged part shall be repaired immediately after elimination of the causes of damage.
Article 69
Where excavation is executed nearby other adjacent buildings during construction of a building, proper measures shall be taken to protect the adjacent buildings from inclining or falling where necessary. Where the depth of excavation is not less than 1.5m, the design drawings and specification of the protection measures shall also be submitted for review upon application for construction license or miscellaneous license.