Regulations of Governing Establishment and Conciliation by Committees on Real Estate Dispute Conciliation at Municipality/City/County Levels
2023-09-26
手機睡眠
語音選擇
Article 1
These Regulations are issued under the authority of Article 34-2 of the Land Act (hereinafter referred to as the Act).
Article 2
The following real estate disputes may be conciliated in accordance with these Regulations:
1. Co-owned property partition disputes in accordance with Paragraph 6, Article 34-1 of the Act.
2. Boundary related cadastral map resurvey disputes in accordance with Article 46-2 of the Act.
3. Land right disputes in accordance with Paragraph 2, Article 59 of the Act.
4. Housing rental disputes in accordance with Article 101 of the Act.
5. Building site rental disputes in accordance with Article 105 of the Act.
6. Farmland rental disputes in accordance with Article 122 of the Act.
7. Rental disputes regarding land under permanent lease in accordance with Article 30 of the Enforcement Act of the Act.
8. Rental housing disputes in accordance with Article 16 of the Rental Housing Market Development and Regulation Act.
9. Disputes of distribution of the proceeds of land in accordance with Paragraph 3, Article 14 and Paragraph 2, Article 15-1 of the Cadastral Clearance Act.
10. Disputes of distribution of the return of the land in accordance with Paragraph 2, Article 15 of the Cadastral Clearance Act.
11. Correction registration disputes relating to the land registered in the name of club or combination in the Japanese colonial period in accordance with Article 17 of the Cadastral Clearance Act.
12. Declarations by gods worshipping associations involving land right disputes in accordance with Article 20 of the Cadastral Clearance Act.
13. Amendments of gods worshipping associations’ current membership rosters, adherents registries, or land rolls involving land right disputes in accordance with Article 23 of the Cadastral Clearance Act.
14. Land right cancellation registration disputes in accordance with Article 27 of the Cadastral Clearance Act.
15. Mortgage cancellation registration disputes in accordance with Article 28 of the Cadastral Clearance Act.
16. Superficies cancellation registration disputes in accordance with Article 29 of the Cadastral Clearance Act.
17. Attachment, provisional attachment or provisional injunction cancellation registration disputes in accordance with Article 30 of the Cadastral Clearance Act.
18. Disputes of the correction registration relating to the co-owners' total right of ownership of the co-owned land being not equal to 1 in accordance with Paragraph 1 of Article 31 of the Cadastral Clearance Act.
19. Disputes of the correction registration relating to either the scope of land ownership registered as blank in accordance with Paragraph 1 and 2, Article 31-1 or the direct correction registration in accordance with Paragraph 3 of Article 31-1 of the Cadastral Clearance Act.
20. Disputes of the correction registration relating to the name or address of the owner which is registered incomplete or mismatched in accordance with Article 32 of the Cadastral Clearance Act.
21. Disputes of the correction registration relating to the land right which is not registered in the name of a natural person or a juridical person or a temple which is applicable to the Act of Supervising Temples in accordance with Article 33 of the Cadastral Clearance Act.
22. Disputes arising from issuance of certificates of change in name upon declaration by temples or religious organizations in accordance with Article 36 of the Cadastral Clearance Act.
23. Land right disputes arising from land purchase by temples or religious juridical persons in accordance with Article 38 of the Cadastral Clearance Act.
24. General land registration disputes in accordance with Article 75 of the Registrations of the Land Regulation.
25. Constructional improvements ownership initial registration disputes in accordance with Article 84 of the Registrations of the Land Regulation.
26. Disputes related to the registration of superficies due to the insistence of positive prescription, servitude of real property, or agricultural right in accordance with Paragraphs 4 and 5, Article 118 of the Regulations of the Land Registration.
1. Co-owned property partition disputes in accordance with Paragraph 6, Article 34-1 of the Act.
2. Boundary related cadastral map resurvey disputes in accordance with Article 46-2 of the Act.
3. Land right disputes in accordance with Paragraph 2, Article 59 of the Act.
4. Housing rental disputes in accordance with Article 101 of the Act.
5. Building site rental disputes in accordance with Article 105 of the Act.
6. Farmland rental disputes in accordance with Article 122 of the Act.
7. Rental disputes regarding land under permanent lease in accordance with Article 30 of the Enforcement Act of the Act.
8. Rental housing disputes in accordance with Article 16 of the Rental Housing Market Development and Regulation Act.
9. Disputes of distribution of the proceeds of land in accordance with Paragraph 3, Article 14 and Paragraph 2, Article 15-1 of the Cadastral Clearance Act.
10. Disputes of distribution of the return of the land in accordance with Paragraph 2, Article 15 of the Cadastral Clearance Act.
11. Correction registration disputes relating to the land registered in the name of club or combination in the Japanese colonial period in accordance with Article 17 of the Cadastral Clearance Act.
12. Declarations by gods worshipping associations involving land right disputes in accordance with Article 20 of the Cadastral Clearance Act.
13. Amendments of gods worshipping associations’ current membership rosters, adherents registries, or land rolls involving land right disputes in accordance with Article 23 of the Cadastral Clearance Act.
14. Land right cancellation registration disputes in accordance with Article 27 of the Cadastral Clearance Act.
15. Mortgage cancellation registration disputes in accordance with Article 28 of the Cadastral Clearance Act.
16. Superficies cancellation registration disputes in accordance with Article 29 of the Cadastral Clearance Act.
17. Attachment, provisional attachment or provisional injunction cancellation registration disputes in accordance with Article 30 of the Cadastral Clearance Act.
18. Disputes of the correction registration relating to the co-owners' total right of ownership of the co-owned land being not equal to 1 in accordance with Paragraph 1 of Article 31 of the Cadastral Clearance Act.
19. Disputes of the correction registration relating to either the scope of land ownership registered as blank in accordance with Paragraph 1 and 2, Article 31-1 or the direct correction registration in accordance with Paragraph 3 of Article 31-1 of the Cadastral Clearance Act.
20. Disputes of the correction registration relating to the name or address of the owner which is registered incomplete or mismatched in accordance with Article 32 of the Cadastral Clearance Act.
21. Disputes of the correction registration relating to the land right which is not registered in the name of a natural person or a juridical person or a temple which is applicable to the Act of Supervising Temples in accordance with Article 33 of the Cadastral Clearance Act.
22. Disputes arising from issuance of certificates of change in name upon declaration by temples or religious organizations in accordance with Article 36 of the Cadastral Clearance Act.
23. Land right disputes arising from land purchase by temples or religious juridical persons in accordance with Article 38 of the Cadastral Clearance Act.
24. General land registration disputes in accordance with Article 75 of the Registrations of the Land Regulation.
25. Constructional improvements ownership initial registration disputes in accordance with Article 84 of the Registrations of the Land Regulation.
26. Disputes related to the registration of superficies due to the insistence of positive prescription, servitude of real property, or agricultural right in accordance with Paragraphs 4 and 5, Article 118 of the Regulations of the Land Registration.
Article 3
A Committee on Real Estate Dispute Conciliation at municipality / city/county levels (hereinafter referred to as the Committee) shall be composed of 11 to 13 members, of whom one shall serve as the Committee Chairperson, and shall be the municipality/city /county chief executive or a person delegated thereby to serve ex officio; the other committee members shall be designated or nominated and selected from among the following:
1. One member being the municipality/city/county government's landaffairs chief executive.
2. One member being the municipality/city/county government'sconstruction affairs chief executive.
3. One member being the municipality/city/county government's civilaffairs chief executive.
4. One member being the municipality/city/county government's legal affairs chief executive.
5. One member being the municipality/city/county government'sland office director.
6. One member being the municipality/city/county land administrationagent guild representative.
7. Three to five members with land administration, civil affairs,construction, or legal knowledge and experience.
8. One member being a local person of outstanding character
Commissioners shall serve for a term of office of two years,and may be re-appointed to additional terms. But any commissioner representing an agency, shall resign upon any change in their relevant underlying public officer status.
When there is any vacancy among the Commissioners, the municipality /city/county government's chief executive may appoint a replacement; replacement Commissioners shall serve until the date of expiration of the original Commissioner's term of office.
1. One member being the municipality/city/county government's landaffairs chief executive.
2. One member being the municipality/city/county government'sconstruction affairs chief executive.
3. One member being the municipality/city/county government's civilaffairs chief executive.
4. One member being the municipality/city/county government's legal affairs chief executive.
5. One member being the municipality/city/county government'sland office director.
6. One member being the municipality/city/county land administrationagent guild representative.
7. Three to five members with land administration, civil affairs,construction, or legal knowledge and experience.
8. One member being a local person of outstanding character
Commissioners shall serve for a term of office of two years,and may be re-appointed to additional terms. But any commissioner representing an agency, shall resign upon any change in their relevant underlying public officer status.
When there is any vacancy among the Commissioners, the municipality /city/county government's chief executive may appoint a replacement; replacement Commissioners shall serve until the date of expiration of the original Commissioner's term of office.
Article 4
The Committee shall have one Executive Secretary, and such staff and personnel, as the municipality/city/county government's chief executive shall appoint from among the municipal staff in charge of relevant affairs to be responsible for the Committee's administrative affairs.
Article 5
The Committee meetings shall be chaired by the Chairperson Ex-Officio, and in the absence of the Chairperson, the Chairperson shall appoint another Commissioner to serve as Acting Chairperson. When the Chairperson fails to appoint, the Commissioners may elect among themselves an Acting Chairperson.
Article 6
When the Committee fails to have a quorum of half the members present it shall recess, and any decision of the Committee shall only be effective on a favorable vote of half the members present; in the event of a tie, the Chairperson shall cast the deciding vote.
Commissioners shall personally attend Committee meetings of the preceding Paragraph. But when the ex-officio member is a representative from an agency, and unable to personally attend, a representative may be appointed in their stead, with notice of the same to the Committee.
Such an ad interim representative serving in accordance with the preceding Paragraph shall count as a member for quorum purposes, and may participate in Committee discussions and decision-making votes.
Commissioners shall personally attend Committee meetings of the preceding Paragraph. But when the ex-officio member is a representative from an agency, and unable to personally attend, a representative may be appointed in their stead, with notice of the same to the Committee.
Such an ad interim representative serving in accordance with the preceding Paragraph shall count as a member for quorum purposes, and may participate in Committee discussions and decision-making votes.
Article 7
The Committee members, in any matter before the Committee in which they have any conflict of interest, shall sua sponte recuse therefrom, and must not participate in such conciliation.
Article 8
The Committee members shall not be remunerated.
Article 9
When the Committee meets, persons concerned shall have first been apprised of the right to appear and be heard, and invitations shall be extended to all relevant agencies to have representatives in attendance if necessary.
Article 10
The Committee shall issue any official documents, by and through and in the name and authority of the municipality/city/ county government.
Article 11
The Committee expenses shall be borne by the regular budget appropriations of the municipality/city/county government.
Article 12
Any municipality/city/county government in handling any real estate dispute under the provisions of Subparagraphs 2, 3, 11, 14-21 and 24-26 of Article 2, may establish in accordance with their administrative jurisdictional delineation a regional committee on real estate dispute conciliation, with seven commissioners, one of whom shall be the Chairperson ex officio, who shall be a municipality/city/county government's land affairs chief executive, and the other members of which shall be designated or selected as follows:
1. One member being the municipality/city/county government's land office director.
2. One member being a township/city/district conciliation committee chairperson.
3. One member each having specialized knowledge and experience respectively in land administration, construction and legal affairs.
4. One member who shall be a local person of outstanding character.
The term of office for commissioners of a regional committee on real estate dispute conciliation, replacement of vacancies among commissioners, their authorities, lack of remuneration, and meetings, shall conform to Paragraphs 2 and 3 of Articles 3 and Articles 4 through 9; and said committee shall issue any official documents, by and through and in the name and authority of the municipality /city/county government.
Expenses required for the conciliation conducted under the provisions of the first paragraph supra, shall be borne by the regular budget appropriations of the municipality/city/county government.
1. One member being the municipality/city/county government's land office director.
2. One member being a township/city/district conciliation committee chairperson.
3. One member each having specialized knowledge and experience respectively in land administration, construction and legal affairs.
4. One member who shall be a local person of outstanding character.
The term of office for commissioners of a regional committee on real estate dispute conciliation, replacement of vacancies among commissioners, their authorities, lack of remuneration, and meetings, shall conform to Paragraphs 2 and 3 of Articles 3 and Articles 4 through 9; and said committee shall issue any official documents, by and through and in the name and authority of the municipality /city/county government.
Expenses required for the conciliation conducted under the provisions of the first paragraph supra, shall be borne by the regular budget appropriations of the municipality/city/county government.
Article 13
Real estate disputes, other than those of the kind that may be referred by the competent registration authorities or the municipality /city/county government for dispute conciliation, as set forth in Subparagraphs 2, 3, and 9-26 of Articles 2, may be processed upon application of any affected party who shall prepare in writing the following documents for submission to the municipality/city/county government of responsibility over the affected site, and include therewith for the affected parties, sufficient copies therefor:
1. Application.
2. Identification documentation for the applicant.
3. Certificate of commission (to be attached when an agent is acting on behalf of another).
4. Main points of contention and suggestions for conciliation.
5. Any other documentation required to be submitted in accordance with law.
1. Application.
2. Identification documentation for the applicant.
3. Certificate of commission (to be attached when an agent is acting on behalf of another).
4. Main points of contention and suggestions for conciliation.
5. Any other documentation required to be submitted in accordance with law.
Article 14
Real estate dispute conciliation handling procedures shall be as follows:
1. Docketing of the application.
2. Calculation and collection of the applicable dispute conciliation fees.
3. Review.
4. Convening the dispute conciliation meeting (hearing).
5. Memorialize the findings and conclusions of the Committee.
6. Forward the conciliation meeting minutes.
The aforementioned review may include deployment of staff from the registration agency responsible for the affected real estate situs to conduct on site surveying activities or to conduct preliminary meetings.
1. Docketing of the application.
2. Calculation and collection of the applicable dispute conciliation fees.
3. Review.
4. Convening the dispute conciliation meeting (hearing).
5. Memorialize the findings and conclusions of the Committee.
6. Forward the conciliation meeting minutes.
The aforementioned review may include deployment of staff from the registration agency responsible for the affected real estate situs to conduct on site surveying activities or to conduct preliminary meetings.
Article 15
Where any application for dispute conciliation involves any of the following circumstances, the municipality/city/county government shall in writing delineate the basis therefor, and provide notice thereof to the affected applicant who shall have fifteen days wherefrom in which to supplement the application as required:
1. Where the application does not conform to the form requirementsor the attached documentation is nonconforming or insufficient.
2. Where the application's description is inconsistent with land, building registration documents or other evidentiary documentation.
3. Where the applicant appears to lack standing or insufficiencies existin regard to the capacity of an agent to engage in such representation.
4. Where the applicant in the dispute is a person of no capacity to make juridical acts or of limited capacity to make juridical acts, and their guardian has not appeared to represent their interests.
5. Where payment has not been made of the required conciliation fee as determined under regulations.
1. Where the application does not conform to the form requirementsor the attached documentation is nonconforming or insufficient.
2. Where the application's description is inconsistent with land, building registration documents or other evidentiary documentation.
3. Where the applicant appears to lack standing or insufficiencies existin regard to the capacity of an agent to engage in such representation.
4. Where the applicant in the dispute is a person of no capacity to make juridical acts or of limited capacity to make juridical acts, and their guardian has not appeared to represent their interests.
5. Where payment has not been made of the required conciliation fee as determined under regulations.
Article 16
Wh ere any application for dispute conciliation involves any of the circumstances in the following Subparagraphs, the municipality /city/county government shall in writing explain their reasons and dismiss the application without prejudice:
1. Where the matter does not aver a real estate dispute falling under Article 2 supra.
2. Where the disputed matter falls without the jurisdiction of theentity receiving the application.
3. Where a prior dispute application was filed and a disputeconciliation decision has already been reached in accordance with these Regulations.
4. Where a suit has already been heard (initiated) before a Courtor the dispute subject to conciliation has already been the object of an effective final judgment, arbitration or conciliation.
5. Where an address in the land register is blank or incomplete,impeding effective clarification of the affected rights holders.
6. Where the person whose name is registered is deceased, andwhether any decedent's inheritor who may assert claims is unknown impeding effective notice thereto.
7. The applicant has failed to timely or appropriately andcompletely supplement the record on application as required in accordance with the preceding Article.
8. Where for cause otherwise specified in law jurisdiction handlingis impermissible.
1. Where the matter does not aver a real estate dispute falling under Article 2 supra.
2. Where the disputed matter falls without the jurisdiction of theentity receiving the application.
3. Where a prior dispute application was filed and a disputeconciliation decision has already been reached in accordance with these Regulations.
4. Where a suit has already been heard (initiated) before a Courtor the dispute subject to conciliation has already been the object of an effective final judgment, arbitration or conciliation.
5. Where an address in the land register is blank or incomplete,impeding effective clarification of the affected rights holders.
6. Where the person whose name is registered is deceased, andwhether any decedent's inheritor who may assert claims is unknown impeding effective notice thereto.
7. The applicant has failed to timely or appropriately andcompletely supplement the record on application as required in accordance with the preceding Article.
8. Where for cause otherwise specified in law jurisdiction handlingis impermissible.
Article 17
The Committee or a regional committee on real estate dispute conciliation shall set a time for hearing, apprise the applicant in writing of attending the conciliation hearing, and provide a copy of the notice to the other party and any affected claimants. The applicant shall present himself/herself before the committee with his/her identification documents; where the applicant is unable to appear in person, he/she may provide a letter of authorization, appointing an agent to act on his/her behalf at the hearing. However, if the authorization is already clearly stated in the application form, the letter of authorization is waived.
Conciliation pursuant to the preceding Paragraph shall be conducted within 30 days of the date of the docketing of the application, unless for good cause shown an extension may be necessary.
Conciliation pursuant to the preceding Paragraph shall be conducted within 30 days of the date of the docketing of the application, unless for good cause shown an extension may be necessary.
Article 18
During conciliation, the applicant shall first attempt negotiations, and if an agreement can be obtained, then the agreement shall be deemed to constitute the result of the conciliation, and will be memorialized in writing, to be immediately reported on site orally, and signed or sealed thereon by the applicant and the committee members.
Where such conciliation involves several parties, each side may appoint one to three delegates to conduct the initial conciliation attempts.
Where conciliation results in an agreement under the first Paragraph of this Article, the conciliation record shall be provided in writing on notice to the affected parties and the registration agency.
Where such conciliation involves several parties, each side may appoint one to three delegates to conduct the initial conciliation attempts.
Where conciliation results in an agreement under the first Paragraph of this Article, the conciliation record shall be provided in writing on notice to the affected parties and the registration agency.
Article 19
Where the parties are unable to reach an agreement based on the aforementioned preliminary negotiation efforts or in the absence of any affected party after notice for the second time, the Committee or a regional committee on real estate dispute conciliation shall notwithstanding the same, have authority to consider the relevant documentation and the applicant's express testimony, and decide the dispute, preparing their formal conciliation result.
Where an application for conciliation has been filed in relation to a matter pending before a registration agency, then in accordance with the conciliation result, the registration application should be appropriately approved or denied as indicated.
A conciliation result under the aforementioned first Paragraph, shall be conveyed to the affected parties in writing. The notice shall explain that should the applicant be dissatisfied with the conciliation result, then besides as otherwise provided in law, they shall have fifteen days from receipt of the notice, in which to sue the other party as the defendant, in suit before a Court, and within three days of the notice of appeal being lodged with the Court provide a copy of the complaint therein to the appropriate municipality/city/county government, and where an appeal is not timely lodged or the Court declines jurisdiction or denies the appeal, the affected party may provide the relevant documentation whereof, in writing on application to the appropriate municipality/city/county government, for further handling in accordance with the said conciliation result.
Where an application for conciliation has been filed in relation to a matter pending before a registration agency, then in accordance with the conciliation result, the registration application should be appropriately approved or denied as indicated.
A conciliation result under the aforementioned first Paragraph, shall be conveyed to the affected parties in writing. The notice shall explain that should the applicant be dissatisfied with the conciliation result, then besides as otherwise provided in law, they shall have fifteen days from receipt of the notice, in which to sue the other party as the defendant, in suit before a Court, and within three days of the notice of appeal being lodged with the Court provide a copy of the complaint therein to the appropriate municipality/city/county government, and where an appeal is not timely lodged or the Court declines jurisdiction or denies the appeal, the affected party may provide the relevant documentation whereof, in writing on application to the appropriate municipality/city/county government, for further handling in accordance with the said conciliation result.
Article 20
When an affected party applies for registration on the basis of a conciliation result record, the registration agency shall apply to the appropriate municipality/city/county government to determine whether any suit has been initiated in Court in respect of the matter.
Where a conciliation result involves any consideration or compensation, then when an application for registration is lodged, there shall be concomitantly included evidentiary documentation of receipt or lodgment of same, and in the application there shall be appropriately disclosed in detail the consideration or compensation amount received; should there be any mistakes therein, the applicant shall be solely legally responsible therefor, and such application shall be signed by the applicant.
Where any party is dissatisfied with the conciliation result, they may in conformance with the preceding Article's time limits apply to the Court for adjudication, and the registration agency shall decline any registration application under the preceding first Paragraph.
Where a conciliation result involves any consideration or compensation, then when an application for registration is lodged, there shall be concomitantly included evidentiary documentation of receipt or lodgment of same, and in the application there shall be appropriately disclosed in detail the consideration or compensation amount received; should there be any mistakes therein, the applicant shall be solely legally responsible therefor, and such application shall be signed by the applicant.
Where any party is dissatisfied with the conciliation result, they may in conformance with the preceding Article's time limits apply to the Court for adjudication, and the registration agency shall decline any registration application under the preceding first Paragraph.
Article 21
On application for conciliation of real estate disputes under Subparagraphs 1 and 4-7 of Article 2, applicants shall pay a fee for each conciliation application according to the following regulations:
1. Cases under Paragraph 1, Article 2: NT$15,000.
2. Cases under Paragraphs 4 to 7, Article 2:
(1) For those with annual rent under NT$180,000: NT$3,000.
(2) For those with annual rent over NT$180,000 and under NT$360,000: NT$7,000.
(3) For those with annual rent over NT$360,000 and under NT$480,000: NT$11,000.
(4) For those with annual rent over NT$480,000: NT$15,000.
On application for conciliation of real estate disputes under Subparagraphs 2, 3 and 8-26 of Articles 2, no conciliation fee will be due.
When conciliation involves surveying, the actual costs thereof shall be borne by the parties.
When the applicant shall have withdrawn their application prior to the conciliation hearing, or have been subject to declination of jurisdiction pursuant to any subparagraph of Article 16, then as to any already paid conciliation fee or surveying expenses, after deducting therefrom for actual expenses already incurred, the applicant may within ten years from the date of receipt of notice of the declination of jurisdiction, request a refund whereof. But where surveying has already been conducted on site, the surveying expenses advanced, shall not be refundable.
1. Cases under Paragraph 1, Article 2: NT$15,000.
2. Cases under Paragraphs 4 to 7, Article 2:
(1) For those with annual rent under NT$180,000: NT$3,000.
(2) For those with annual rent over NT$180,000 and under NT$360,000: NT$7,000.
(3) For those with annual rent over NT$360,000 and under NT$480,000: NT$11,000.
(4) For those with annual rent over NT$480,000: NT$15,000.
On application for conciliation of real estate disputes under Subparagraphs 2, 3 and 8-26 of Articles 2, no conciliation fee will be due.
When conciliation involves surveying, the actual costs thereof shall be borne by the parties.
When the applicant shall have withdrawn their application prior to the conciliation hearing, or have been subject to declination of jurisdiction pursuant to any subparagraph of Article 16, then as to any already paid conciliation fee or surveying expenses, after deducting therefrom for actual expenses already incurred, the applicant may within ten years from the date of receipt of notice of the declination of jurisdiction, request a refund whereof. But where surveying has already been conducted on site, the surveying expenses advanced, shall not be refundable.
Article 22
Forms of the real estate dispute conciliation application and dispute conciliation minutes, will be determined by the central land administration.
Article 23
These Regulations shall take effect from the date of promulgation, with the exceptions of articles amended and issued on 2 April, 2018 shall enter into force from 27 June, 2018.