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Chapter Law Content

Chapter 2 Monuments, Historic Buildings, Commemorative Buildings, and Groups of Buildings
Article 14
The competent authorities shall periodically conduct general surveys of, or accept reports from individuals or organizations on, any sites and scopes deserving of the designation of monuments, historic buildings, commemorative buildings, or groups of buildings, and shall review, record and trace in accordance with the procedures stipulated by this Act.
Where individuals or organizations file reports in accordance with the preceding paragraph, the competent authority shall review the reported cultural heritage within six months.
The competent authority may review the traced cultural heritage under Paragraph 1 of this Article according to the procedures set forth in Articles 17 to 19.
Article 15
If it has been more than 50 years since the construction of a public building or its affiliated facilities, or more than 50 years since the construction of a building or its affiliated facilities that were erected on public land, the owning or managing agency/institution shall evaluate its cultural heritage value, before disposing of them.
Article 16
The competent authority shall erect full files of the investigation, research, preservation, conservation, restoration and reuse of individual monuments, historic buildings, commemorative buildings, and groups of buildings.
Article 17
Monuments shall be classified as national, municipal, or county (city) monuments; and shall be reviewed, designated and publicized by the authority of jurisdiction. Where the monument is designated by the municipal or county (city) government, the competent authority shall report to the central competent authority for recordation.
Owners of buildings may apply to the competent authority for designation of the buildings as monuments. The competent authority shall review such applications according to the procedures stipulated by this Act.
The central competent authority may review the municipal, county or city monuments designated in accordance to the preceding two paragraphs or in response to the reports from competent authorities of various levels, individuals or organizations, or applications by the owners of buildings, and designate and announce the same as national designated monuments.
In the event that a monument is destroyed or its value diminishes or increases, the competent authority may revoke the original designation of the monument or reclassify it, and announce such revocation or new classification. Where such revocation or reclassification is made by a municipal, county or city government, it shall be reported to the central competent authority for approval.
The regulations for designation criteria of monuments or revocation of designations, the procedures for applying for designation of monuments, the procedures for reviewing such applications, the conditions for granting assistance, and other compliance requirements shall be stipulated by the central competent authority.
Article 18
Historic buildings or commemorative buildings shall be reviewed, registered and publicly declared by the municipal or county (city) competent authority and shall be reported to the central competent authority for recordation.
The owner of a building may apply to a municipal, county or city competent authority for registration of the building as a historic building or commemorative building. The competent authority shall review such application according to the statutory procedures.
The central competent authority may provide assistances for registered historic buildings and commemorative buildings.
In the event that a historic building or commemorative building is destroyed or its value diminishes or increases, the competent authority may revoke its registration or reclassify the historic monument, and announce such revocation or new classification.
The regulations for registration criteria or revocation of historic buildings or commemorative buildings, procedures for applying for designation of historic buildings or commemorative buildings, procedures for reviewing such applications, conditions for granting assistances, and other compliance requirements shall be stipulated by the central competent authority.
Article 19
After an application for registration of groups of buildings passes the review of the municipal, county or city competent authority, the authority shall register and announce the designation and shall file the same with the central competent authority for recordation.
Local residents or groups may apply to the municipal, county or city competent authority for registration of groups of buildings. After accepting the application, the authority shall review the same according to the statutory procedures.
The central competent authority may review the groups of buildings registered in accordance with the preceding two paragraphs or in response to the reports by competent authorities of various levels, individuals or organizations, or the applications by local residents or groups, and register and announce the same as significant groups of buildings.
The regulations for registration criteria of groups of buildings, the procedures for reviewing applications for registration of such groups of buildings or revocation of such registration under the preceding three paragraphs, the conditions for granting assistance, and other compliance requirements shall be stipulated by the central competent authority.
Article 20
Monuments, historic buildings, commemorative buildings, and groups of buildings undergoing the review under any of Articles 17 to 19 shall be deemed as interim monuments.
Prior to the commencement of the review procedure set forth in the preceding paragraph, the competent authority may, in the event of an emergency, declare a building as an interim monument; and shall notify the owners, users or managers of such interim monument.
During the review period, the interim monument shall be deemed as a monument and shall be managed and conserved accordingly. The review period shall not exceed six months and may be extended once, if necessary. The competent authority shall complete the review procedure within the time stipulated; the interim historic monument will lose its interim historic monument status once the review period expires.
When a building is being registered as interim monument, the competent authority shall compensate the owner of the buildings for any loss resulting from being registered as interim monument. The compensation amount shall be negotiated accordingly.
The conditions and relevant implementation procedures for interim monument, as set forth in Paragraph 2 of this Article, shall be stipulated by the central competent authority.
Article 21
Monuments, historic buildings, commemorative buildings, and groups of buildings shall be managed and conserved by their owners, users or managers.
The competent authority at the municipality, county or city where a historic monument, a historic building, a commemorative building, or a group of buildings is located shall provide professional consultation on the management and conservation thereof, and may provide assistances thereto, if necessary.
If necessary, agencies (institutions) having jurisdiction over public historic monuments, historic buildings, commemorative buildings, and groups of buildings, or other relevant agencies (institutions), or duly registered organizations or individuals may be commissioned to manage or conserve such historic monuments, historic buildings, and groups of buildings.
Unless being used by government agencies or institutions, public historic monuments, historic buildings, commemorative buildings, and groups of buildings, and the land upon which they are erected may be appropriated by the competent authority for other uses with no consideration.
Managing agencies (institutions) of public historic monuments, historic buildings, commemorative buildings, and groups of buildings shall have priority to sign contracts with public or private legal entities, who own relics in connection with the histories, events, and/or characters related to the spaces or constructed structures where the monuments, buildings or groups are erected for mutual, equal cooperation without consideration in conducting commemorative enterprises such as preservation, education, and exhibitions of related histories, events and characters on or in such public spaces or buildings.
Article 22
All or part of the proceeds derived from the management and/or conservation of public monuments, historic buildings, commemorative buildings, and groups of buildings may be distributed to each of the managing agencies (institutions) as fees for managing and conserving the monuments, buildings and groups, and shall not be subject to the provisions in Article 7 of the National Property Act, Article 13 of the Act Governing State-Owned Enterprises, or other applicable laws and regulations.
Article 23
The management and conservation of monuments shall include the following:
1. routine conservation and periodic restoration;
2. the operation and management of present and reuse of monuments;
3. anti-burglary, anti-disaster and insurance measures;
4. establishment of a contingency plan; and
5. other matters relevant to the management and conservation of Monuments.
The owner, user or manager of the designated monuments shall draft the management and conservation plan and report to the competent authority for recordation.
The competent authority shall provide assistances when the owner, user or manager of the designated monuments encounters difficulty in drafting the management and conservation plan.
The regulations for the management and conservation of monuments as set forth in the preceding paragraph shall be stipulated by the central competent authority.
Article 24
Monuments shall be preserved in their original appearance and construction method. In the event that a monument is destroyed or damaged, but its main structure and building materials survive, restoration shall be made to restore its original appearance according to the principle of giving priority to preservation of the value of cultural heritage. Depending upon its particular characteristics, the owner, user and manager of the said site may submit a proposal to adopt appropriate methods of restoration or reuse of the said site upon receiving the approval by the competent authority. If necessary, the competent authority at the municipality, county or city where the monument is located may provide assistances to such restoration or reuse.
The restoration plan referred to in the preceding paragraph may include, if necessary, modern technologies and construction methods in order to enhance the monument’s resistance to earthquake, natural disasters, flood, termite and its durability.
The reuse plan as referred to in the first paragraph, may, if necessary, include proposal to add other necessary facilities, but the original appearance of the monument should not be affected.
Where monuments are designated because of certain significant historical events or figures, the reasons for designating the monuments and the value of the monuments shall be conserved or distinguished in use or reuse of the monuments.
During the overall restoration or reuse of monuments, presentations and public hearings shall be held in phases, the relevant information shall be made known to the public, and local residents shall be invited to the events.
The regulations for implement matters, methods and procedures for restoration and reuse of monuments, the qualifications of the staff, and other relevant compliance requirements shall be stipulated by the central competent authority.
Article 25
Groups of buildings shall be preserved in terms of their original architectural styles or landscapes. In the event that a group of buildings is destroyed or damaged, but its main texture and building construction survive, restoration shall be made to restore its original style according to the principle of giving priority to preserving the value of culture heritage. Where it suits the characteristics of the group of building, local residents or groups may propose a method to properly restore or reuse the group of buildings and proceed with the restoration or reuse upon the approval of the competent authority. If necessary, the competent authority at the municipality, county or city where the group of buildings is located may provide assistances for such restoration or reuse.
The regulations for implement matters, methods and procedures for restoration and reuse of groups of buildings, the qualifications of the staff, and other compliance requirements shall be stipulated by the central competent authority.
Article 26
To facilitate the restoration and reuse of monuments, historic buildings, commemorative buildings, and groups of buildings, construction management, land use and fire safety measures regarding such monuments, buildings, and groups shall be exempt, in whole or in part, from the restrictions under the Regional Planning Act, the Urban Planning Act, the National Park Act, the Building Act, the Fire Services Act, and other applicable laws and regulations. The review procedures, inspection criteria, restrictions, requirements, and other compliance requirements for the above matters shall be stipulated by the central competent authority in conjunction with the Ministry of the Interior.
Article 27
When there is a necessity to have emergency restoration of a monument because of major disaster, the owner, user or manager of the said site shall, within thirty days after the disaster, submit an emergency-restoration plan, and within six months after the disaster, submit a restoration plan. The plans shall be implemented after their respective approval by the competent authority.
The competent authority shall provide assistances when the owner, user or manager of a private monument encounters difficulty in drafting the plans as set forth in the preceding paragraph.
The preceding two paragraphs shall apply mutatis mutandis to historic buildings, commemorative buildings, and groups of buildings if the owner, user or manager of which consents.
The regulations for the management of monuments, historic buildings, commemorative buildings, and groups of buildings subject to major disasters shall be stipulated by the central competent authority.
Article 28
If the competent authority determines, after review, that a monument, a historic building, or a commemorative building is likely to be damaged or destroyed or its value is likely to deteriorate due to mismanagement, the competent authority may notify the owner, user or manager to rectify within a time stipulated; failure to a timely rectification, the competent authority may manage, conserve and restore such site directly and levy needed fees or expropriate the monument or building and the land on which it is erected.
Article 29
Where government agencies, public schools and state-owned enterprises handle the restoration or reuse of monuments, historic buildings, commemorative buildings, or groups of buildings, the procurement methods, types, procedures and scopes, the qualifications of the staff, and other compliance requirements shall be stipulated by the central competent authority and are exempt from the restrictions under the Government Procurement Act, but such procurement shall not violate any treaties or protocols entered into by the Republic of China.
Article 30
If necessary, the competent authority may provide appropriate subsidies for the management and conservation, restoration and reuse of private monuments, historic buildings, commemorative buildings, and groups of buildings.
Articles 23 and 24 shall apply mutatis mutandis to the preservation, restoration, reuse, management and conservation of historic buildings and commemorative buildings.
Article 31
Monuments, historic buildings, commemorative buildings, and groups of buildings that are public or subsidized by the government shall be open to the public to an appropriate extent.
Fees may be collected from visitors to monuments, historic buildings, commemorative buildings, and groups of buildings open to the public in accordance with the preceding paragraph. Such fees shall be set by the owners, the users or the managers and be subject to the approval of the competent authority. For public historic monuments, historic buildings, commemorative buildings, and groups of buildings, the fees shall be set according to the relevant procedures set forth in the Charges and Fees Act.
Article 32
Any transfer of the ownership of a monument, historic building or commemorative building or the land upon which the monument or building is erected shall be reported to the competent authority in advance. With regard to the transfer of ownership of a private monument, historic building, or commemorative building or the land, except for transfer to the heirs, the competent authority shall have the right of first refusal to purchase the same on the same terms and conditions offered to the potential transferees.
Article 33
Upon discovery of any building deserving of the designation of a monument, a historic building, a commemorative building, or a group of buildings, the monument, building or complex shall be forthwith reported to the competent authority for handling.
If any constructed structure deserving of the designation of a monument, a historic building, a commemorative building, or a building complex of human settlements is discovered during construction work or other land development activities, the construction work or land development activities shall be immediately stopped and a report thereon shall be made to the competent authority.
Article 34
No construction work or other land development activities may damage the integrity of, obscure, or obstruct access to any monument, historic building, commemorative building, or building complex of human settlements.
If an event under the preceding paragraph is likely to occur, the competent authority shall, before the commencement of the construction work or other land development activities, convene a meeting of the review committee for monuments, historic buildings, commemorative buildings, and groups of buildings. The construction work or land development activities may commence only after passing the committee's review.
Article 35
The competent authorities of monuments, historic buildings, commemorative buildings, and groups of buildings shall be consulted before the urban plans for the places where such monuments, historic buildings, commemorative buildings, and groups of buildings are located are drafted or revised.
No major construction project contemplated by any government agency may obstruct the preservation or conservation of any monument, historic building, commemorative building, or building complex of human settlements. Before the commencement of such a project, investigation shall be made to ascertain whether any monument, historic building, commemorative building, or building complex of human settlements, or any constructed structure deserving of the designation of a monument, historic building, commemorative building, or building complex of human settlements is located at the site of the project. If necessary, the competent authority shall assist with such investigation. If any of such monuments, buildings, complexes, or constructed structures is discovered, the competent authority shall handle the same according to the review procedures under Articles 17 to 19.
Article 36
No monument may be relocated or demolished, unless such relocation or demolishment is made for national security, significant public safety, or major national construction projects, and a protection plan for the monument proposed by the central competent authority in charge of the relevant affairs has passed the review of, and been approved by, the review committee convened by the central competent authority.
Article 37
In order to conserve monuments and preserve their environments and landscapes, the competent authorities together with the authorities concerned shall draft monument preservation plans and announce and implement the plans.
Upon the announcement and implementation of a monument preservation plan, the authorities concerned shall proceed to revise the regional plans, urban plans or national park plans that have to be corrected or revised in accordance with the monument preservation plan within the time limits given in the plan.
During the drafting of a preservation plan, the competent authority shall hold presentations, public hearings and exhibitions in phases and invite local community residents to attend.
The regulations for items and particulars of a monument preservation plan under Paragraph 1, the procedure for drafting a plan, the rules for announcing, revising, canceling or revoking a plan, and other compliance requirements shall be stipulated by the central competent authority in conjunction with the authorities concerned.
Article 38
When reviewing urban designs in applications for public or private construction work or other land development activities in the vicinity of monuments, the government agencies in charge of the relevant affairs shall join the competent authorities in reviewing matters that might affect the preservation of the features of the monuments such as the system layout of and greening at public open spaces, building mass layout, height, shapes, colors and styles.
Article 39
When drafting monument preservation plans under Article 37, the competent authorities may classify, designate, or reclassify sites as monument preservation land or zones, other functional land or sub-zones in accordance with the Regional Planning Act, the Urban Planning Act, or the National Park Act, and preserve and conserve such land and zones in accordance with this Act.
The regulations governing the monument preservation land or zones and other functional land or sub-zones under the preceding paragraph, the land development activities, the use of the land, the lot size or the ratio of reserved open space on the sites, the floor area ratio, the depth and width of the front yards, backyards, and side yards of the sites, the appearance, height and coloration of buildings on the sites, and related traffic and landscape in such zones may be stipulated by considering the actual needs, and incentives may be offered, if necessary.
The preceding two paragraphs shall apply mutatis mutandis to historic buildings and commemorative buildings.
If a national monument preservation plan drafted by a central competent authority and approved by the Executive Yuan influences the rights or interests of local residents, the competent authority may expropriate the monument in accordance with the law, and the purchase price agreed on may not be subject to the restrictions in Paragraph 4, Article 11 of the Land Expropriation Act.
Article 40
In order to conserve groups of buildings and preserve their environments and landscapes, the competent authorities shall draft plans for preservation and future developments of groups of buildings and may set policies for preservation of their architecture and urban landscapes, and classify, designate, or reclassify the sties as special reserved zones in accordance with the Regional Planning Act, the Urban Planning Act or the National Park Act.
The competent authorities may offer incentives or subsidies needed for management of the features of the special reserved zones classified, designated, or reclassified in accordance with the preceding paragraph.
In order to draft the preservation and future development plans for groups of buildings set forth in the preceding paragraph, public hearings shall be held and local residents shall be invited for consultation and negotiation.
Article 41
The portion of legal floor area of the land to be utilized in connection with monuments, historic buildings, commemorative buildings other than managed by a government agency, which has been restricted as resulted from a designation or registration of monuments, historic building, commemorative building, preservation land/zoning, or other land within land use planning or zoning to be formulated, allocated, or revised thereunder, could have transferred in the equivalent amount to other locations for building purposes or, alternately, entitled for other incentive measures.
The "other locations" stipulated in the preceding paragraph shall be referred to the land of same master urban planning zone or the regional planning zone within the same special municipality directly under the jurisdiction of the central government or the same county (city) provided that an application has reviewed and approved by the City planning commission of the ministry of the Interior, the restricted portion of legal floor area of the land may be transferred to major planning zone other than aforesaid zones within the same municipality directly under the jurisdiction of the central government or the same county (city).
The restriction resulted from a designation or registration of monuments, historic building, commemorative building, preservation land/zoning, or other land within land use planning or zoning shall not be nullified arbitrarily once the restricted portion of legal floor area of the land under the first paragraph has been transferred.
Once an application has been filed by the landowner under first paragraph for transferring legal floor area of the land, the competent authority shall coordinate with the relevant divisions to complete the calculation of transferable legal floor area of the land, and a written notice shall be forward to the owner or administrator.
The regulation for implementing the formula of transfer floor area, transfer means, operation method and other matters accorded with shall be stipulated by the Ministry of the Interior in consultation with central competant authority. The contents, means and its related matters of incentive measures shall be stipulated by the competent authority at center government level.
Article 42
Applications for the following matters in connection with the classification of preservation land and zones, other functional land or sub-zones, or special reserved zones for monuments, historic buildings or commemorative buildings under Articles 39 and 40 of this Act shall be subject to the approval of the government agencies in charge of the relevant affairs:
1. Construction, addition, alteration, restoration, relocation, demolition, or changes in the appearance and/or colors of the buildings and other construction works on the sites.
2. Establishment of residential land, land developments, restoration and widening of roads, and other topographical alterations.
3. Lumbering of bamboo and trees, and the quarrying of sand and stones.
4. Advertisement installation.
The government agencies in charge of the relevant affairs shall join the competent authorities in reviewing the applications under the preceding paragraph.