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Chapter Law Content

Title: Building Act CH
Category: Ministry of the Interior(內政部)
Chapter 7 Demolishing Management
Article 78
Before to demolishing a building, a demolishing permit shall be applied for. But this is not applicable to the following buildings other than prescribed in Article 83:
1. Buildings and miscellaneous works prescribed in Article 16.
2. Buildings for which the competent authority of construction gives notices for demolishing them within a time limit due to implementation of urban planning or construction of roads.
3. Buildings that must be demolished immediately because they are likely to fall or decay.
4. Buildings for which the competent authority of construction gives notices for demolishing them within a time limit or executes coercive demolishing because they infringes this Code or orders issued based on this Act.
Article 79
A letter of application enclosed with the certificates of the building rights and other legal certificates shall be submitted to apply for a demolishing permit.
Article 80
The municipal or county (city) (bureau) competent authority of construction shall finish examination within 5 days commencing from receipt of the application mentioned in the above article. Where the related provisions are satisfied, a demolishing permit shall be granted; otherwise, the application shall be rejected.
Article 81
For the buildings that are falling or decayed and hazardous to the public safety, the municipal and county (city) (bureau) competent authorities of construction shall notify the owners or the occupiers to stop using, and order the owners to demolish them within a specified time limit. Where an owner doesn’t demolish the building within the time limit, the competent authority may perform coercive demolishing.
Where notice can’t be sent to the owner due to the incorrect address of the owner of a building as mentioned above, an announcement may be given to directly perform coercive demolishing.
Article 82
Where it is of no time to notify the owner or occupiers in case of dangers caused by serious accidents such as earthquake, flood, windstorm, or fire, the governing competent authority may directly demolish the affected buildings coercively.
Article 83
Local governments or owners shall manage and maintain the historical buildings, sites, and other cultural relics recognized as historical sites. To repair a historical site, report shall be submitted to the regulating department of historical sites for permission.
Article 84
To demolish a building, proper facilities shall be provided to protect the construction and the pedestrian safety, and the public traffic may not be encumbered.