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Chapter Law Content

Title: Building Act CH
Category: Ministry of the Interior(內政部)
Chapter 9 Supplementary Provisions
Article 96
The ownership holders of the buildings used for the public but not licensed before this Code is enforced shall apply for the usage licenses. The ownership holders of the buildings although not used for the public but located in the scope of an urban planning also may apply for usage licenses.
Usage license and safety disposal of the buildings referred to in the above paragraph shall be prescribed by the municipal and county (city) governments in the regulations on construction management.
Article 96-1
No compensation will be offered for the buildings coercively demolished under this Code, and the expenses for demolishing shall be burdened by the owners of the buildings.
The competent authority shall announce or give written notice to the owner, user or manager of a building as mentioned above to move the articles stored in the building. Where the articles are not moved within the specified time limit, they will be disposed as castoffs.
Article 97
Building technical regulations related to building planning, design, construction, structure, and equipments shall be prescribed by the central competent authority of construction and implement the policy of establishment for gender equality environment.
Article 97-1
Examination and approval, construction management, and usage management of the buildings in hillsides shall be prescribed by the central competent authority of construction.
Article 97-2
Disposal of the buildings infringing this Code or orders issued based on this Code shall be prescribed by the Ministry of the Interior.
Article 97-3
Miscellaneous license is not required for the billboards and erected advertisements under a certain scale. Management of the foresaid billboards and advertisements shall be simplified, and shall not be subject to all or a part of this Code.
To establish billboard and erected advertisement, application shall be submitted to the municipal or county (city) competent authority of construction for examination and approval. The municipal or county (city) competent authority of construction may entrust a related professional organization to perform examination, and the expenses for examination shall be burdened by the applicant.
The certain scale of billboard and erected advertisement, procedure of applying for examination and approval, as well as construction and usage management mentioned in the above two paragraphs shall be prescribed by the central competent authority of construction.
Qualifications and standards of the professional organizations entrusted to perform examination as mentioned in the second paragraph, work contents of examination, fee standard, and responsibility and obligation shall be defined by the governing municipal or county (city) competent authority of construction.
Article 98
With the approval of the Executive Yuan, all or a part of the provisions in this Code is not applicable to special buildings.
Article 99
All or a part of the provisions in this Code is not applicable to the following buildings with the approval of the municipal or county (city) competent authority of construction:
1. Monumental buildings.
2. Underground buildings.
3. Temporary buildings.
4. Miscellaneous works within the scope of ports, docks, railway stations, and airports etc.
5. Buildings reconstructed or extended according to the related provisions within the residual site of the buildings demolished for construction of public facilities.
6. Other buildings or miscellaneous works similar as described in the above five subparagraphs.
The approval procedure, construction and usage management of the buildings listed above may be prescribed in the regulations on construction management.
Article 99-1
Management of the buildings in areas where urban planning is not implemented or in remote areas may be simplified, and all or a part of the provisions in this Code is not applicable to the foresaid buildings. Regulations on management of these buildings may be prepared by the county governments, and reported to the Ministry of the Interior for approval.
Article 100
The Ministry of the Interior may prescribe other provisions to manage the buildings in areas others other than prescribed in Article 3.
Article 101
Municipal and county (city) governments may enact regulations on construction management according to the local circumstance, and report to the Ministry of the Interior for ratification prior to implementation.
Article 102
Municipal and county (city) governments shall prescribe the restrictions on the following buildings separately:
1. Buildings in scenic areas, historical relic preservation areas and special areas.
2. Buildings in fire-protection areas.
Article 102-1
Each building shall be provided air shelter equipments or parking space according to relevant provisions. Where it is really difficult to construct air shelter equipments due to special reasons, or the parking space is under a certain scale and the building is located within a certain distance away from the public parking slots designed in the urban planning area, the proprietor may pay the commissions to request the municipal or county (city) (bureau) competent authority of construction to construct the foresaid equipments or space collectively on a commission basis.
The above-mentioned standard and range as well as payment, management, and usage of the commissions shall be studied out by municipal and county (city) governments, and reported to the Ministry of the Interior for ratification.
Article 103
To deal with disputes related to construction, the municipal and county (city) (bureau) competent authorities of construction may employ senior construction experts and architects and assign directors of urban planning and construction management to establish a construction disputes review committee.
Organization of the above-mentioned review committee shall be determined by the Ministry of the Interior.
Article 104
Municipal and county (city) (bureau) governments may cooperate with relevant departments to make necessary regulations on the design and structure of fire-prevention and air shelter refuge equipments of buildings.
Article 105
This Act will take effect since it is promulgated.The Articles of Building Act supplemented on May 12, 2009 shall take effect since November 23, 2009.