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Laws & Regulations Database of The Republic of China (Taiwan)

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Title: Regulations on Preferential Sale and Lease of Dwelling Houses in New Towns CH
Amended Date: 2021-07-01
Category: Ministry of the Interior(內政部)
Article 1
The Regulations are enacted pursuant to Paragraph 3, Article 23 of the New Town Development Act (hereinafter referred to as "the Act").
Article 2
The dwelling houses preferentially sold or leased under this Regulation refer to the buildings constructed by the authority according to Article 12 of the Act.
The above-mentioned dwelling houses include the building lots.
Article 3
Upon applying for preferential purchase or renting of dwelling houses, the so-called "families obtaining employment in new towns" in Article 23 of the Act shall meet the following conditions:
1. At least one member of the same household has reached the age of civil majority and has worked in the range of a new town for over 6 months.
2. Other members in the same household as mentioned above, do not have any self-owned dwelling houses in the new town and contiguous Townships (cities and districts).
Article 4
The so-called "other families removed due to public construction" in Article 23 of the Act refers to the families removed due to public construction of new towns and not settled yet as well as the families removed due to public construction sponsored by other government departments and not settled yet.
Article 5
The authority shall sell or lease the dwelling houses following the priority sequence below:
1. Families removed due to public construction of new town and not settled.
2. Families obtaining employment in new towns in industries favorable for development of new towns.
3. Families obtaining employment in new towns other than described in the above subparagraph.
4. Families removed due to public construction sponsored by other government departments and not settled.
Article 6
To sell or lease the dwelling houses, the authority shall give public announcement in advance, and the announcement shall include the following contents:
1. References.
2. Qualifications and priority for application.
3. Location of the dwelling houses to be sold or leased, type of building, storey, building area of each family, building floor area and the due proportion in the public building land.
4. Sale price or rent, renting guarantee money and rent adjustment method.
5. Amount and method of loan for houses to be sold.
6. Lease term of dwelling houses to be leased.
7. Purchase price or rent payment method and time limit.
8. Other expenses payable by the purchaser.
9. Sale method and address of application letters and forms.
10. Method for submission of applications and name of receiving department.
11. Commencing and terminating date for accepting applications.
12. Other necessary affairs.
Article 7
The above-mentioned announcement shall be issued at least 30 days before accepting applications. In addition to publicizing it at the gate, the authority shall also publish the announcement on newspapers at the location of the dwelling houses to be sold and leased, and may give official letters to notify the local township/city/district office to paste it on the bulletin board.
Article 8
Anyone who applies for purchase or rent of dwelling house shall submit the following documents:
1. Application form.
2. Photostat copy of the household register book of the whole family.
3. Employment certificates produced by the employer or the certificate for families removed due to public construction.
4. Letter proving the family has no self-owned dwelling house.
The above-mentioned employment certificates produced by the employer are limited to the certificates that are granted within 30 days before the day of application.
The formats of application form mentioned in Subparagraph 1 and the guarantee letter in Subparagraph 4 shall be prescribed by the competent authority.
Article 9
The authority shall transfer the case to the regulating departments of finance and taxation to verify whether the applicant's family has self-owned dwelling house or not.
To alter the documents to be transferred by the authority to the regulating departments in charge of finance and taxation for verification, the applicant shall produce the related certificates.
Article 10
Where the number of applicants in a same priority level as prescribed in Article 5 is more than the quantity of the houses to be sold or leased, the authority shall use public lottery to determine the purchasers and lessees as well as the houses to be purchased or rented.
Article 11
The price of the dwelling houses preferentially sold or leased shall be determined by the authority according to the land and construction cost, land use zoning, location, type of building, storey, traffic, road width, public facilities, expected development and other conditions, and referring to the realty prices or rents in the adjacent areas.
In case of preferential lease of dwelling house, the realty prices, rents, and other necessary expenses for management and maintenance shall be also considered in assessment of the rent.
Article 12
The purchaser shall pay off the required earnest money, supporting fees and related expenses within the time limit notified by the authority, sign the sale and purchase contract, and prepare the necessary documents to finish registration of ownership transfer. The specific contents of the contract may be determined by the authority.
Article 13
The purchaser shall pay off the purchase price in accordance with the above article, and prepare the necessary documents for owner-ship transfer registration. The authority shall assist the purchaser to finish the ownership transfer registration and registration of other rights, and shall execute delivery in current conditions and compile delivery records.
The expenses for the above-mentioned registration shall be assumed by the purchaser unless otherwise prescribed in other related laws.
Article 14
The lesser shall sign a lease contract and pay the renting guarantee money and the rent of the first month within the time limits notified by the authority, and shall have the house handed over in current conditions.
The specific contents of the lease contract shall be prescribed by the authority.
Article 15
The lease term may not exceed 2 years. Upon expiration of the lease term, where the lessee wants to continue lease, he/she shall submit application for renewal within 30 days before expiration of the lease term. Otherwise, the lease relation will be eliminated upon expiration of the lease term. Upon expiration of the lease term, the lessee shall empty and return the house within a specified time limit; otherwise, the renting guarantee money will not be refunded.
The total term of the above-mentioned lease and renewal may not exceed 6 years.
Where the lessee wants to terminate the lease contract before expiration of the lease term, the lessee shall give a written notice to the authority 30 days before, and pay off the rents to the month of migration. Where the actual renting interval is less than 1 month, it shall be calculated as 1 month.
Article 16
In case of death of the house lessee, the lease contract will terminate by its own accord, but the dependents living together with the lessee may renew the contract and continue the lease within the original lease term. After the original lease term expires, in case the members in the same domicile have not the qualifications for renting, renewal of renting may not be requested.
Article 17
This Regulation will take effect since it is promulgated.
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