Building Act
2022-05-11
手機睡眠
語音選擇
Chapter 1 General Principles
Article 1
This Act is enacted to implement building management to maintain the public security, traffic and health, and to improve the appearance of cities. For any affairs other than prescribed hereinto, other laws applied.
Article 2
The competent authorities of building are the Ministry of the Interior at the central administration level, the municipal government at the municipal level, and the county (city) government at the county (city) level.
In the applicable areas as prescribed in Article 3, an administrative department specially established may act as the competent authority of construction with the approval of the Ministry of the Interior.
In the applicable areas as prescribed in Article 3, an administrative department specially established may act as the competent authority of construction with the approval of the Ministry of the Interior.
Article 3
The areas where this Act is applicable are listed as follows:
1. Areas where city planning is implemented.
2. Areas where regional planning is implemented.
3. Areas designated by the Ministry of the Interior.
This Code is also applicable to the public-owned buildings used for the public in areas other than listed above.
Regulations on the applicable scope of Subparagraph 1 and 2, review and approval of application for construction, construction management, and usage management shall be prescribed by the central competent authority of construction.
1. Areas where city planning is implemented.
2. Areas where regional planning is implemented.
3. Areas designated by the Ministry of the Interior.
This Code is also applicable to the public-owned buildings used for the public in areas other than listed above.
Regulations on the applicable scope of Subparagraph 1 and 2, review and approval of application for construction, construction management, and usage management shall be prescribed by the central competent authority of construction.
Article 4
The “buildings” mentioned in this Code refers to the structures or miscellaneous works fixed on the ground or under the ground surface, having top covers, beams, columns, or walls, and used for individuals or the public.
Article 5
The “buildings used for the public” mentioned in this Code refers to the buildings used for the work, business, residence, visit, and amusement of the public as well as other buildings used for the public.
Article 6
The “public-owned buildings” mentioned in this Code refers to the buildings of government departments, public-operated institutions and autonomous organizations as well as the monumental buildings.
Article 7
The “miscellaneous works” mentioned in this Code refers to the industrial boilers houses, water towers, billboards, erected advertisement, bulk warehouses, broadcasting towers, chimney stacks, bounding walls, mechanical amusement facilities, swimming pools, underground storage sheds, supports and shelves required for construction, excavation and backfill of earth materials and other works, as well as central air conditioning equipments, elevating equipments, mechanicalparking facilities, air shelter facilities, and waste disposal facilities etc.
Article 8
The “main structure of buildings” mentioned in this Code refers to the structure of foundation, main beams and columns, bearing walls, floor slab, and roof structures.
Article 9
The “construction” mentioned in this Code refers to the following actions:
1. New construction: new construction of buildings, or total demolition existing buildings and construction of new buildings.
2. Extension: Increase of square footage or height on existing buildings. Where an aisle is used to connect the existing building, it shall be regarded as new construction.
3. Reconstruction: demolition of a part of an existing building and reconstruction within the boundary of the original base, without increase of height or enlargement of square footage.
4. Repair: repair or alteration by a half of any of the foundation, beams and columns, bearing walls, floor slabs, roof truss or roof structures.
1. New construction: new construction of buildings, or total demolition existing buildings and construction of new buildings.
2. Extension: Increase of square footage or height on existing buildings. Where an aisle is used to connect the existing building, it shall be regarded as new construction.
3. Reconstruction: demolition of a part of an existing building and reconstruction within the boundary of the original base, without increase of height or enlargement of square footage.
4. Repair: repair or alteration by a half of any of the foundation, beams and columns, bearing walls, floor slabs, roof truss or roof structures.
Article 10
The “building equipments” mentioned in this Code refers to the electrical power, telecom, gas, water supply, sewage, drainage, air conditioning, elevating, fire fighting, lightning absorption, air sheltering, waste disposal, and privacy right protection equipments installed on the buildings.
Article 11
The “building base” mentioned in this Code refers to ground occupied by a building and the statutory vacant space preserved. Where the building base is in several lots, application shall be submitted to apply for merging them into a whole one.
The above-mentioned statutory vacant space of a building shall include the spaces between the building and the surrounding roads or other buildings, and the width will be prescribed in the building regulations.
The statutory vacant space may not be divided, transferred, or designated repeatedly unless otherwise prescribed. The necessary conditions for division and the procedure for application shall be determined by the central competent authority of construction.
The above-mentioned statutory vacant space of a building shall include the spaces between the building and the surrounding roads or other buildings, and the width will be prescribed in the building regulations.
The statutory vacant space may not be divided, transferred, or designated repeatedly unless otherwise prescribed. The necessary conditions for division and the procedure for application shall be determined by the central competent authority of construction.
Article 12
The proprietor of a building mentioned in this Code refers to the applicant who applies for construction of the building. Where the applicant is a minor or is subject to the order of the commencement of guardianship, the application shall be made by the legal representative, and the obligations and liabilities prescribed in this Code shall also be assumed by the legal representative.
Where the proprietor is a government department, public-operated institution, organization or legal person, application shall be made by the principal, and the obligations and liabilities prescribed in this Code shall also be assumed by the principal.
Where the proprietor is a government department, public-operated institution, organization or legal person, application shall be made by the principal, and the obligations and liabilities prescribed in this Code shall also be assumed by the principal.
Article 13
The building designers and supervisors mentioned in this Code shall be the legally registered architects. Except for the buildings lower than 5 storeys and not used for the public, the architect shall have coordinated with registered structure and equipment engineers, and the architect shall assume the joint liabilities.
The designers and supervisors of public-owned buildings shall be assumed by the persons who have legally qualified architect or industrial technician certificates and work in the proprietor government departments, public-operated institutions, or autonomous organizations.
Where the registered architects and professional industrial technicians unable to the local requirements, the county (city) government may be freed from the restrictions of the above two paragraphs with the approval of the Ministry of the Interior.
The designers and supervisors of public-owned buildings shall be assumed by the persons who have legally qualified architect or industrial technician certificates and work in the proprietor government departments, public-operated institutions, or autonomous organizations.
Where the registered architects and professional industrial technicians unable to the local requirements, the county (city) government may be freed from the restrictions of the above two paragraphs with the approval of the Ministry of the Interior.
Article 14
The constructors of buildings mentioned in this Code refer to the construction enterprises legally registered to practise.
Article 15
Construction enterprises shall set full-time engineering personnel to take the construction responsibility of the works contracted.
The regulations on management of the construction industry will be enacted by the Ministry of the Interior.
To establish a foreign construction enterprise, the approval of the central competent authority of construction shall be obtained, and application shall be submitted for permit under the Company Act or registration under the Commercial Registration Act, and the construction enterprise registration certificate and the projects contracting manual shall be received in accordance with the above-mentioned management regulations before practicing.
The regulations on management of the construction industry will be enacted by the Ministry of the Interior.
To establish a foreign construction enterprise, the approval of the central competent authority of construction shall be obtained, and application shall be submitted for permit under the Company Act or registration under the Commercial Registration Act, and the construction enterprise registration certificate and the projects contracting manual shall be received in accordance with the above-mentioned management regulations before practicing.
Article 16
The buildings and miscellaneous works below a certain amount of construction cost or a certain scale standard may not require design by architects, and may not be constructed under supervision of the proprietor or contracted to a construction enterprise.
The above-mentioned construction cost or scale standard will be enacted by the municipal and county (city) governments in the regulations on construction management.
The above-mentioned construction cost or scale standard will be enacted by the municipal and county (city) governments in the regulations on construction management.
Article 17
(Deleted)
Article 18
(Deleted)
Article 19
The Ministry of the Interior and the municipal and county (city) governments may prepare various standard building drawings and specifications for the people to use. Where the people select standard drawings to apply for construction, design and signature of architects are not required.
Article 20
The central competent authority of construction shall take the responsibility to direct and evaluate the construction management performed by the municipal and county (city) governments.
Chapter 2 Building Permit
Article 21
(Deleted)
Article 22
(Deleted)
Article 23
(Deleted)
Article 24
For a public-owned building, the proprietor department shall submit the approved or determined construction plan, engineering drawings and specifications to the municipal or county (city) (bureau) competent authority of construction to apply for building permit.
Article 25
Without review made by and the building permit issued by the municipal or county (city) (bureau) competent authority of construction, anyone may not construct, use or demolition any building, unless otherwise enacted in Articles 78 and 98.
To dispose a building constructed, used or demolition without permission, the municipal or county (city) (bureau) competent authority of construction may designate persons to enter the public or private-owned land or building with certificates for inspection.
To dispose a building constructed, used or demolition without permission, the municipal or county (city) (bureau) competent authority of construction may designate persons to enter the public or private-owned land or building with certificates for inspection.
Article 26
The permit issued by a municipal or county (city) (bureau) competent authority of construction under this Code only means the permission of the claimed construction, use or demolition.
In case the proprietor, designer, supervisor or constructor of a building infringes other’s property, or causes endanger or damage to someone else, liabilities shall be assumed according to the law and the fact of infringement.
In case the proprietor, designer, supervisor or constructor of a building infringes other’s property, or causes endanger or damage to someone else, liabilities shall be assumed according to the law and the fact of infringement.
Article 27
In regions other than the location of county (bureau) government where this Code is applicable, the Township (city under jurisdiction of county) office may be entrusted to grant the license according to relevant provisions. The permit issued by Township (city under jurisdiction of county) offices shall be reported to the county (bureau) government for reference once every half year.
Article 28
Building licenses are divided into the following classes:
1. Construction license: building license required for new construction, extension, reconstruction or repair of buildings.
2. Miscellaneous license: miscellaneous license is required for construction of miscellaneous works.
3. Usage license: usage license is required for usage or alteration of usage after a building is constructed.
4. Demolition license: required for demolition of buildings.
1. Construction license: building license required for new construction, extension, reconstruction or repair of buildings.
2. Miscellaneous license: miscellaneous license is required for construction of miscellaneous works.
3. Usage license: usage license is required for usage or alteration of usage after a building is constructed.
4. Demolition license: required for demolition of buildings.
Article 29
Upon issuing the permit, the municipal or county (city) (bureau) competent authority of construction shall charge the proprietor or owner of the building the stipulated fees or application fee according to the following provisions:
1. Construction license and miscellaneous license: up to 1? of the construction cost of building or miscellaneous works may be charged as the stipulated fees; in case of modification of design, up to 1? of the value of the altered proportion may be charged as the stipulated fees.
2. Usage license: Application fee may be charged.
3. Demolition license: free of charge.
1. Construction license and miscellaneous license: up to 1? of the construction cost of building or miscellaneous works may be charged as the stipulated fees; in case of modification of design, up to 1? of the value of the altered proportion may be charged as the stipulated fees.
2. Usage license: Application fee may be charged.
3. Demolition license: free of charge.
Article 30
To apply for a construction license or miscellaneous license, the proprietor shall submit a letter of application, the certificates of land rights, working drawings and specifications.
Article 31
The letter of application for construction license or miscellaneous license shall include the following contents:
1. Name, age and dwelling address of the proprietor. Name and office of the proprietor, where the proprietor is a legal person.
2. Name and dwelling address of the designer, and registration number and seal of the certificates.
3. Location of the building.
4. Site area, building area, and ratio of base area to building area.
5. Usage of the building.
6. Budgetary estimation of the project.
7. Construction term.
1. Name, age and dwelling address of the proprietor. Name and office of the proprietor, where the proprietor is a legal person.
2. Name and dwelling address of the designer, and registration number and seal of the certificates.
3. Location of the building.
4. Site area, building area, and ratio of base area to building area.
5. Usage of the building.
6. Budgetary estimation of the project.
7. Construction term.
Article 32
The drawings and specification shall include the following:
1. Location map of the site.
2. Situation plan of a proportional scale not less than 1:1200.
3. Plan, elevation and sectional views of the building with a proportional scale not less than 1:200.
4. Dimensional structure and materials of the elements, with a proportional scale not less than 1:30.
5. Necessary structural computation statement prescribed by the municipal or county (city) competent authority of construction.
6. Necessary building illustrations and equipment computation statement prescribed by the municipal or county (city) competent authority of construction.
7. New and existing conduits and discharge directions.
8. Specification of construction.
1. Location map of the site.
2. Situation plan of a proportional scale not less than 1:1200.
3. Plan, elevation and sectional views of the building with a proportional scale not less than 1:200.
4. Dimensional structure and materials of the elements, with a proportional scale not less than 1:30.
5. Necessary structural computation statement prescribed by the municipal or county (city) competent authority of construction.
6. Necessary building illustrations and equipment computation statement prescribed by the municipal or county (city) competent authority of construction.
7. New and existing conduits and discharge directions.
8. Specification of construction.
Article 33
After receipt of the documents submitted by the proprietor to apply for construction license or miscellaneous license, the municipal or county (city) (bureau) competent authority of construction shall finish examination within 10 days, and issue the license to the qualified applicants. But the time limit may be prolonged to up to 30 days where the building is used for the public or has complicated structures.
Article 34
The municipal or county (city) (bureau) competent authority of construction shall examine the specified items of the working drawings and specification of the building, and the architect or together with professional engineers shall authenticate and answer for the rest items. For buildings of special structure or equipments, competent experts or institutions or organizations with the corresponding knowledge and experiences may be consigned or designated to perform examination, and the expenses for the examination or authentication shall be assumed by the proprietor.
Examination or authentication of the above-mentioned specified items shall be performed by those who graduate from the related specialties of colleges or passed the advanced exam or other equivalent special exams, and are appointed according to the law, and have over three years of engineering experiences.
The specified items and fee standard mentioned in the first paragraph will be determined by the Ministry of the Interior.
Examination or authentication of the above-mentioned specified items shall be performed by those who graduate from the related specialties of colleges or passed the advanced exam or other equivalent special exams, and are appointed according to the law, and have over three years of engineering experiences.
The specified items and fee standard mentioned in the first paragraph will be determined by the Ministry of the Interior.
Article 34-1
Before to apply for construction license, the proprietor shall list the related matters, submit the drawings and pay the application fee, to request the municipal or county (city) (bureau) competent authority of construction to perform pre-examination. During examination, attention shall be particularly paid to the safety of the building structure.
Where the above-mentioned related matters are deemed as qualified in pre-examination, the proprietor may apply for the construction license within 6 moths commencing from the date of the foresaid qualification, and the municipal or county (city) (bureau) competent authority of construction shall approve the examined matters.
The items of the pre-examination mentioned in the first paragraph, the procedure of application and examination, and the fee standard will be determined by the central competent authority of construction.
Where the above-mentioned related matters are deemed as qualified in pre-examination, the proprietor may apply for the construction license within 6 moths commencing from the date of the foresaid qualification, and the municipal or county (city) (bureau) competent authority of construction shall approve the examined matters.
The items of the pre-examination mentioned in the first paragraph, the procedure of application and examination, and the fee standard will be determined by the central competent authority of construction.
Article 35
In case of application for construction license or miscellaneous license, where it is deemed the application doesn’t meet this Code or the orders issued under this Code, or encumbers the local urban plan or regional plan, the municipal or county (city) (bureau) competent authority of construction shall detailedly list the unqualified items, and within the time limit enacted in Article 33, notify the proprietor to make correction.
Article 36
After receipt of the first notice for correction, the proprietor shall make complete correction of the matters listed in the notice and apply for re-examination within 6 months. In case that application for re-examination is not submitted within the time limit, or the application is still unqualified in re-examination, the competent authority of construction may reject the application.
Article 37
(Deleted)
Article 38
(Deleted)
Article 39
The proprietor shall execute construction in accordance with the approved working drawings and specification; for alteration of design prior to or during construction, application shall be submitted in accordance with this Code. However, where the main structure or location is not changed, the height or area not increased, and the contents or locations of the building equipments not altered, the as-built plan and elevation views may be prepared and submitted for verification just after construction is finished.
Article 40
In case of loss of a building permit, the proprietor shall announce the permit as useless on newspaper or electronic newspaper, and reapply for a new one.
After receipt of the above-mentioned application, the original department issuing the permit shall re-grant a license within 5 days, and charge the fee of reapplication of the license.
After receipt of the above-mentioned application, the original department issuing the permit shall re-grant a license within 5 days, and charge the fee of reapplication of the license.
Article 41
Where the proprietor fail to take the construction permit or miscellaneous license within 3 months commencing from receipt of the notice that notifies the proprietor to take the permit, the competent authority of construction may cancel the permit.
Chapter 3 Building Site
Article 42
Building site shall be connected to building lines, and the minimum width of the conjunction will be prescribed by the municipal or county (city) competent authority of construction. In case there is a square or permanent spaces around the building, the width is free of limitation provided that the municipal or county (city) competent authority of construction deems it will never encumber the safety.
Article 43
The ground surface of a building site shall be higher than the surfaces of the adjacent roads, and the slab of the ground storey shall be higher than the surface of the site, unless it doesn’t encumber the drainage of the site, or there are additional waterproof and water drainage equipments provided according to the purpose of the building.
Where the building is equipped with an arcade, the ground surface may not be higher or lower than that of an adjacent arcade, unless it is approved by the municipal or county (city) competent authority of construction due to terrain-related factors.
Where the building is equipped with an arcade, the ground surface may not be higher or lower than that of an adjacent arcade, unless it is approved by the municipal or county (city) competent authority of construction due to terrain-related factors.
Article 44
The municipal and county (city) (bureau) government shall specify the minimum area, width and depth of building site according to the local circumstance. Where the area of a building site doesn’t reach the minimum value, no building may be constructed unless the minimum area, width and depth are reached by means of adjustment or merging with adjacent lands.
Article 45
Where the landownership holder of a building site fails to reach an agreement with the landownership holder of adjacent land as mentioned in the above article, he/she may apply for mediation. The municipal or county (city) (bureau) government shall execute mediation within 1 month commencing from receipt of the application. In case the mediation fails, the landownership holder of the building site or the landownership holder of adjacent land may prepay the purchase price according to currency amount of compensation for expropriation to request the governing local government to expropriate and then sell the land within the specified minimum area, width and depth. The compensation employs the market price for expropriation of lands, or the cost of reconstruction for expropriation of buildings. In case that the ownership holders have any disputes, the amount of compensation will be assessed by the Standard Land Price Appraisal Committee.
The sale of expropriated lands is not subject to the procedure described in Article 25 of the Land Act. To sell a piece of land, announcement shall be publicized for 30 days, and notice shall be given to the applicant. Upon expiration of the announcement period, where other parties interested do not state dispute, the land will be sold to the applicant and the rights transfer certificate will be issued. In case of any dispute, the land shall be sold through public tendering, but the original applicant has the preferential right to purchase. Where the income of sale through tendering exceeds the compensation for expropriation, the surplus shall be given to the original ownership holder of the expropriated land.
Where a piece of land in the range described in the first paragraph is public-owned, it may be sold to the ownership holder of adjacent land at the announced current value of the land or a piece of adjacent land.
The sale of expropriated lands is not subject to the procedure described in Article 25 of the Land Act. To sell a piece of land, announcement shall be publicized for 30 days, and notice shall be given to the applicant. Upon expiration of the announcement period, where other parties interested do not state dispute, the land will be sold to the applicant and the rights transfer certificate will be issued. In case of any dispute, the land shall be sold through public tendering, but the original applicant has the preferential right to purchase. Where the income of sale through tendering exceeds the compensation for expropriation, the surplus shall be given to the original ownership holder of the expropriated land.
Where a piece of land in the range described in the first paragraph is public-owned, it may be sold to the ownership holder of adjacent land at the announced current value of the land or a piece of adjacent land.
Article 46
Municipal and county (city) competent authorities of construction shall study out the regulations on use of fragmental lands in accordance with the above two articles and the local circumstance, and report to the Ministry of the Interior for issue and execution after approval.
Article 47
In a area that is likely to be damaged by tide, seaquake, flood or landslide, where there is no protection facility to ensure the safety, the municipal or county (city) (bureau) competent authority of construction shall cooperate with other related departments to allocate the ranges and erect signboards to prohibit construction in this area.
Chapter 4 Building Borderlines
Article 48
The municipal and county (city) (bureau) competent authorities of construction shall define the borderlines of the roads already announced as the building lines. Where it is prescribed in the detail plan that the buildings must be setback, such prescription shall apply.
For the existing laneways other than described in the above paragraph, building lines shall be otherwise determined where it is deemed as necessary by the municipal or county (city) (bureau) competent authority of construction, and the determination method shall be prescribed in the regulations on construction management.
For the existing laneways other than described in the above paragraph, building lines shall be otherwise determined where it is deemed as necessary by the municipal or county (city) (bureau) competent authority of construction, and the determination method shall be prescribed in the regulations on construction management.
Article 49
The buildings to be constructed along the two sides of the roads announced under this Code but not constructed or widened yet shall be setback according to the building lines designated by the municipal or county (city) (bureau) competent authorities.
Article 50
For the necessity of maintaining traffic safety, scenery spots or other requirements, the municipal and county (city) (bureau) competent authorities may work out regulations to setback the buildings at road intersections and facing rivers, lakes or squares.
The above-mentioned regulations on retraction shall be reported to the Ministry of the Interior for review and approval.
The above-mentioned regulations on retraction shall be reported to the Ministry of the Interior for review and approval.
Article 51
Buildings may not stand out of the building lines, unless it is approved by the municipal or county (city) (bureau) competent authorities of construction for the monumental buildings as well as the buildings required for public welfare or in short term and without affecting the traffic.
Article 52
The municipal or county (city) (bureau) competent authorities of construction shall expropriate the lands for which retraction is executed under Articles 49 and 50, and the compensation for expropriation shall be handled pursuant to the Urban Planning Act.
Chapter 5 Construction Management
Article 53
Upon granting construction licenses or miscellaneous licenses, the municipal or county (city) competent authorities of construction shall specify the construction schedule according to the construction term standards.
The above-mentioned construction schedule is computed from the day of commencement. Where the constructor fails to complete construction within the construction schedule due to certain reasons, extension of up to 1 year may be applied for only once. In case application for extension is not submitted or construction is still not completed after the extended period expires, the construction license or miscellaneous license will become invalid since the day of expiration of the extended period.
The construction term standards referred to in the first paragraph shall be prescribed in the regulations on construction management.
The above-mentioned construction schedule is computed from the day of commencement. Where the constructor fails to complete construction within the construction schedule due to certain reasons, extension of up to 1 year may be applied for only once. In case application for extension is not submitted or construction is still not completed after the extended period expires, the construction license or miscellaneous license will become invalid since the day of expiration of the extended period.
The construction term standards referred to in the first paragraph shall be prescribed in the regulations on construction management.
Article 54
The proprietor shall start construction within 6 months commencing from receipt of the construction license or miscellaneous license, and shall, before commencement and together with the constructor and the supervisor, report the date of commencement as well as the name or title, dwelling address, certificate number, and construction plan of the constructor to the governing department of construction for reference.
In case of failure to start construction within the time limit prescribed in the above paragraph, the proprietor shall explain the reasons to apply for extension of 3 months for one time. In case application for extension is not submitted or construction is still not started within the extension period, the construction license or miscellaneous license will become invalid since the day of expiration of the extended period.
The contents to be included in the construction plan as mentioned in the first paragraph shall be prescribed in the regulations on construction management.
In case of failure to start construction within the time limit prescribed in the above paragraph, the proprietor shall explain the reasons to apply for extension of 3 months for one time. In case application for extension is not submitted or construction is still not started within the extension period, the construction license or miscellaneous license will become invalid since the day of expiration of the extended period.
The contents to be included in the construction plan as mentioned in the first paragraph shall be prescribed in the regulations on construction management.
Article 55
On occurrence of any of the following after receipt of the construction license or miscellaneous license, the proprietor shall immediately report to the competent authority of construction for registration:
1. Alteration of proprietor.
2. Alteration of constructor.
3. Alteration of supervisor.
4. Suspension or cancellation of the project.
For the usable part of a suspended project as mentioned above, the proprietor shall change the design to apply for usage according to relevant provisions, and the unusable part shall be demolished by the proprietor.
1. Alteration of proprietor.
2. Alteration of constructor.
3. Alteration of supervisor.
4. Suspension or cancellation of the project.
For the usable part of a suspended project as mentioned above, the proprietor shall change the design to apply for usage according to relevant provisions, and the unusable part shall be demolished by the proprietor.
Article 56
For the parts of construction works that require inspection, the municipal or county (city) competent authority of construction shall, upon approval of the construction plan, designate the constructor together with the supervisor to submit reports in time before to continue construction, and the competent authority of construction may carry out inspection at any time.
The items and methods of inspecting the above-mentioned parts of construction works that require inspection, as well as the storage term of the inspection records, reporting rules, and the cooperation to be offered by the proprietor, constructor and supervisor shall be prescribed in the regulations on construction management.
The items and methods of inspecting the above-mentioned parts of construction works that require inspection, as well as the storage term of the inspection records, reporting rules, and the cooperation to be offered by the proprietor, constructor and supervisor shall be prescribed in the regulations on construction management.
Article 57
(Deleted)
Article 58
During construction of a building, the municipal or county (city) (bureau) competent authority of construction may execute inspection at any time where deemed as necessary. In case that any of following is found, the authority shall give written notice to the proprietor, constructor or supervisor to stop construction or make modification, and coercive demolishing may be performed where necessary:
1. Encumbrance to the urban plan.
2. Encumbrance to the regional plan.
3. Harm to the public safety.
4. Encumbrance to the public traffic.
5. Encumbrance to the public health.
6. The main structure, location, height or area is not in conformity with the approved working drawings and the specification.
7. Infringement of other provisions of this Code or orders issued based on this Code.
1. Encumbrance to the urban plan.
2. Encumbrance to the regional plan.
3. Harm to the public safety.
4. Encumbrance to the public traffic.
5. Encumbrance to the public health.
6. The main structure, location, height or area is not in conformity with the approved working drawings and the specification.
7. Infringement of other provisions of this Code or orders issued based on this Code.
Article 59
In case of alteration of the urban plan or regional plan, where a building for which the license is already granted but construction has not been started or completed encumbers the altered urban plan or regional plan, the municipal or county (city) (bureau) competent authority of construction may stop the construction, and alter the design according to other related provisions.
Where the proprietor must demolish the building due to the provision of the above paragraph, the municipal or county (city) (bureau) competent authority of construction shall offer compensation at the market price for a part of or the whole building.
Where the proprietor must demolish the building due to the provision of the above paragraph, the municipal or county (city) (bureau) competent authority of construction shall offer compensation at the market price for a part of or the whole building.
Article 60
The supervisors take the responsibility to supervise construction of buildings. In case that construction doesn’t meet the relevant provisions or causes loss to the proprietor, compensation liabilities shall be assumed pursuant to the following provisions:
1. Where it is confirmed by the competent authority of construction that it is necessary to modify, demolish, reconstruct, or reinforce the building because the supervisor deems it as unqualified or the constructor constructs the building arbitrarily, the compensation liabilities shall be undertaken by the constructor.
2. Where it is necessary to modify, demolish, reconstruct, or reinforce the building because the constructor doesn’t perform construction according to the approved drawings, and the supervisor deems it as qualified, but it doesn’t pass the inspection performed by the municipal or county (city) (bureau) competent authority of construction, the constructor shall take the compensation liabilities, and the constructor’s full-time engineer and the supervisor shall take the of the joint and several liabilities.
1. Where it is confirmed by the competent authority of construction that it is necessary to modify, demolish, reconstruct, or reinforce the building because the supervisor deems it as unqualified or the constructor constructs the building arbitrarily, the compensation liabilities shall be undertaken by the constructor.
2. Where it is necessary to modify, demolish, reconstruct, or reinforce the building because the constructor doesn’t perform construction according to the approved drawings, and the supervisor deems it as qualified, but it doesn’t pass the inspection performed by the municipal or county (city) (bureau) competent authority of construction, the constructor shall take the compensation liabilities, and the constructor’s full-time engineer and the supervisor shall take the of the joint and several liabilities.
Article 61
On occurrence of any of the events described in Article 58 during construction of a building, the supervisor shall separately notify the constructor and the proprietor to make modification. In case modification is not made according to the related provisions, the case will be reported to the governing competent authority of construction for disposal.
Article 62
The inspectors assigned by the competent authority of construction shall submit their identity certificates prior to inspection. The proprietor, constructor or supervisor may refuse those who do not have the identity certificates to perform inspection.
Article 63
Appropriate equipments shall be provided or measures shall be taken to maintain the safety, keep danger away and prevent fire for the construction site of buildings.
Article 64
During construction of a building, the stacking of building materials and equipments may not encumber the traffic and the public safety.
Article 65
Where machines are used in a construction worksite, the following provisions shall be observed:
1. The machines may not be used for purposes other than the dedicated objectives, and may not exceed the range of capability.
2. Braking devices and signal devices necessary for operations shall be provided.
3. Where a machine cannot be stabilized by itself, supporting poles or pulling cords shall be used.
1. The machines may not be used for purposes other than the dedicated objectives, and may not exceed the range of capability.
2. Braking devices and signal devices necessary for operations shall be provided.
3. Where a machine cannot be stabilized by itself, supporting poles or pulling cords shall be used.
Article 66
During construction of a building of two or more storeys, where the part being constructed is less than 2.5m away from the road borderlines or base borderlines, or during construction of a building of five or more storeys, appropriate palings shall be established to prevent articles from dropping down.
Article 67
Where the construction methods or equipments of a construction work cause severe vibration or noise and dusts, and thus encumber the safety or peace of the ambient areas, the competent authority of construction may require the constructor to take necessary measures or restrict the operating time.
Article 68
During construction of a building, the constructor may not damage the public facilities such as roads and conduits. Where such damage is unavoidable, the constructor shall firstly report to the competent authorities for approval, and may start construction of this part only after the maintenance standards and responsibilities during the construction period as well as the repair responsibilities and time limit after elimination of the causes of damage are prescribed.
The above-mentioned damaged part shall be repaired immediately after elimination of the causes of damage.
The above-mentioned damaged part shall be repaired immediately after elimination of the causes of damage.
Article 69
Where excavation is executed nearby other adjacent buildings during construction of a building, proper measures shall be taken to protect the adjacent buildings from inclining or falling where necessary. Where the depth of excavation is not less than 1.5m, the design drawings and specification of the protection measures shall also be submitted for review upon application for construction license or miscellaneous license.
Chapter 6 Usage Management
Article 70
After a construction project is finished, the proprietor shall apply for usage license jointly with the constructor and the supervisor. The municipal or county (city) (bureau) competent authority of construction shall send persons to perform inspection within 10 days commencing from receipt of the application. Where the main structure, indoor partitions, and the main building equipments are in conformity with the design drawings, the usage license and copies shall be granted. In case of unconformity, the applicants will be notified to make modification and then apply for inspection again. However, the time limit for inspection of the buildings used for the public may be extended to 20 days.
Where there is no constructor or supervisor of a building, or the constructor and supervisor, without due reasons, refuse to or fail to jointly submit application after it is reviewed by the Construction Disputes Review Committee, the proprietor may singly apply for the license.
Appraisal of the main equipments referred to the first paragraph shall be prescribed in the regulations on construction management.
Where there is no constructor or supervisor of a building, or the constructor and supervisor, without due reasons, refuse to or fail to jointly submit application after it is reviewed by the Construction Disputes Review Committee, the proprietor may singly apply for the license.
Appraisal of the main equipments referred to the first paragraph shall be prescribed in the regulations on construction management.
Article 70-1
Where a part of building can be used independently after completion of construction, a partial usage license may be granted. Provisions on the validity, applicable scope, application procedure, and inspection provisions shall be prescribed by the central competent authority of construction.
Article 71
To apply for a usage license, the following documents shall be enclosed in the letter of application:
1. The original construction license or miscellaneous license.
2. As-built plan and elevation views of the building.
Where the building is completely the same as described in the approved working drawings, the as-built plan and elevation views are not required.
1. The original construction license or miscellaneous license.
2. As-built plan and elevation views of the building.
Where the building is completely the same as described in the approved working drawings, the as-built plan and elevation views are not required.
Article 72
Where application is submitted to apply for usage license for a building used for the public according to Article 70, the municipal or county (city) (bureau) competent authority of construction shall jointly with the competent authority of fire safety to check the fire fighting equipments, and shall grant the usage license where the equipments are qualified.
Article 73
Without a usage license, the building is prohibited from access to and usage of water and power. But where it is deemed by the municipal or county (city) government as any of the following occasions, regulations on usage of water and power may be otherwise prescribed:
1. Buildings in remote areas where urban plan is not implemented.
2. Buildings demolished due to construction of public facilities, which are necessary to be reconstructed, and will not encumber the development of the urban plan.
3. Buildings damaged by natural disaster, and need to settle and repair.
4. Other buildings urgently required for the people’s living.
Buildings shall be used according to the approved usage classification. In case of alteration of usage class, or main structure, fire-protection segment, fire-protection refuge facilities, fire-fighting equipments and parking spaces other than prescribed in Article 9, or other alteration to the originally approved usage, usage alteration license shall be applied for, unless the building is under a certain scale.
Exemption from usage alteration license for buildings under the above-mentioned certain scale will be prescribed by the municipal and county (city) competent authorities of construction.
The usage classification as well as conditions and procedure for alteration of usage shall be prescribed by the central competent authority of construction.
1. Buildings in remote areas where urban plan is not implemented.
2. Buildings demolished due to construction of public facilities, which are necessary to be reconstructed, and will not encumber the development of the urban plan.
3. Buildings damaged by natural disaster, and need to settle and repair.
4. Other buildings urgently required for the people’s living.
Buildings shall be used according to the approved usage classification. In case of alteration of usage class, or main structure, fire-protection segment, fire-protection refuge facilities, fire-fighting equipments and parking spaces other than prescribed in Article 9, or other alteration to the originally approved usage, usage alteration license shall be applied for, unless the building is under a certain scale.
Exemption from usage alteration license for buildings under the above-mentioned certain scale will be prescribed by the municipal and county (city) competent authorities of construction.
The usage classification as well as conditions and procedure for alteration of usage shall be prescribed by the central competent authority of construction.
Article 74
To apply for a usage alteration license, the following documents shall be enclosed in the letter of application:
1. Original or copy of the usage license of the building.
2. Description of the altered purposes.
3. Structural computation statement, and illustrations of indoor decoration and equipments (for alteration to be used by the pubic)
1. Original or copy of the usage license of the building.
2. Description of the altered purposes.
3. Structural computation statement, and illustrations of indoor decoration and equipments (for alteration to be used by the pubic)
Article 75
The municipal or county (city) (bureau) competent authority of construction shall handle the examination and grant the license for alteration of usage in accordance with Article 70.
Article 76
Where a building not used for the public is changed as used for the public, or changed to another purpose for the public, the municipal or county (city) (bureau) competent authority of construction shall inspect the structure, equipment and indoor decorations, and shall inspect the fire safety equipments jointly with the competent authority of fire safety.
Article 77
The ownership holder and the user of a building shall maintain the legal usage as well as the structure and equipment safety of the building.
The municipal or county (city) (bureau) competent authorities of construction may send persons to check the building structure and equipments related to public safety and public health at any time.
Ownership holders and users of the buildings used for the public shall entrust professional institutions or persons recognized by the central competent authority of construction to perform inspection and attestation periodically, and the inspection and attestation results shall be reported to the local competent authority of construction. It is also applicable to the buildings not used for the public where deemed as necessary by the Ministry of the Interior.
The competent authority of construction may send persons at any time or periodically cooperate with the related departments to reexamine the above-mentioned inspection and attestation results.
The items, term, reporting method and implementation date of the inspection and attestation mentioned in the third paragraph shall be prescribed by the Ministry of the Interior.
The municipal or county (city) (bureau) competent authorities of construction may send persons to check the building structure and equipments related to public safety and public health at any time.
Ownership holders and users of the buildings used for the public shall entrust professional institutions or persons recognized by the central competent authority of construction to perform inspection and attestation periodically, and the inspection and attestation results shall be reported to the local competent authority of construction. It is also applicable to the buildings not used for the public where deemed as necessary by the Ministry of the Interior.
The competent authority of construction may send persons at any time or periodically cooperate with the related departments to reexamine the above-mentioned inspection and attestation results.
The items, term, reporting method and implementation date of the inspection and attestation mentioned in the third paragraph shall be prescribed by the Ministry of the Interior.
Article 77-1
To protect the public safety, where the structure, fire-prevention refuge facilities and fire-fighting equipments of legal buildings used for the public or not used for the public but deemed as necessary by the central competent authority of construction do not meet the current provisions, the competent authorities shall require the ownership holder or user to make improvement or use the building for another purpose. The procedure for applying for improvement as well as items, contents, and method of improvement shall be determined by the central competent authority of construction.
Article 77-2
The following provisions shall govern the indoor decoration of buildings:
1. To perform indoor decoration of the buildings used for the public, examination and permission shall be applied for. This is also applicable to buildings not used for the public where deemed as necessary by the Ministry of the Interior. The central competent authority may authorize the architect association or other related professional technical organizations to perform examination.
2. The decoration materials shall meet the provisions of the construction technical regulations.
3. The fire-prevention refuge facilities, fire-fighting equipments, fire-prevention segmentation, and the main structure may not be damaged.
4. Facilities used to protect the people’s privacy right shall not be encumbered or damaged.
The above-mentioned indoor decoration shall be performed by the indoor decoration practitioners registered at and permitted by the Ministry of the Interior.
Indoor decoration practitioners shall be registered at and permitted by the Ministry of the Interior, and do business within the business scope and responsibilities.
The procedure for examination and approval of application for indoor decoration, qualifications of indoor decoration practitioner, procedure of application for registration and permit, and business scope and responsibilities referred to in the above three paragraphs shall be prescribed by the Ministry of the Interior.
1. To perform indoor decoration of the buildings used for the public, examination and permission shall be applied for. This is also applicable to buildings not used for the public where deemed as necessary by the Ministry of the Interior. The central competent authority may authorize the architect association or other related professional technical organizations to perform examination.
2. The decoration materials shall meet the provisions of the construction technical regulations.
3. The fire-prevention refuge facilities, fire-fighting equipments, fire-prevention segmentation, and the main structure may not be damaged.
4. Facilities used to protect the people’s privacy right shall not be encumbered or damaged.
The above-mentioned indoor decoration shall be performed by the indoor decoration practitioners registered at and permitted by the Ministry of the Interior.
Indoor decoration practitioners shall be registered at and permitted by the Ministry of the Interior, and do business within the business scope and responsibilities.
The procedure for examination and approval of application for indoor decoration, qualifications of indoor decoration practitioner, procedure of application for registration and permit, and business scope and responsibilities referred to in the above three paragraphs shall be prescribed by the Ministry of the Interior.
Article 77-3
Mechanical amusement facilities require miscellaneous licenses, and shall be constructed by the constructors with the qualifications to construct mechanical amusement facilities, and get the conformity certificate after passing the acceptance check. After the accident liability insurance is covered in accordance with Subparagraph 2, Paragraph 2, the insurance certificate and conformity certificate shall be submitted to the municipal or county (city) competent authority of construction to apply for usage license. Without the usage license, the facilities may not be used.
Mechanical amusement facilities operators shall manage and use their mechanical amusement facilities in accordance with the following provisions:
1. The facilities shall be used within the approved life span.
2. Accident liability insurance shall be covered from time to time at the minimum premium for the facility items designated by the central competent authority of construction.
3. Legally practicing professional technicians or architects, or inspection institutions or organizations designated by the central competent authority of construction shall be entrusted periodically to perform safety inspection.
4. Full-time personnel shall be appointed to manage and operate the mechanical amusement facilities.
5. Electromechanical technicians qualified through exam or test shall be appointed to perform routine maintenance and repair.
The frequency of the safety inspection referred to in Subparagraph 3 shall be determined by the governing municipal or county (city) competent authority of construction, and may not be less than 2 times every year. Overall or partial safety inspection may be executed flexibly where necessary.
The results of the safety inspection referred to Subparagraph 3 shall be reported to the municipal or county (city) competent authority of construction for disposal, and the municipal or county (city) competent authority of construction may send persons at any time or periodically cooperate with related departments or consign related institutions or organizations to perform re-inspection or selective inspection.
Provisions on the documents and illustrations that ought to be submitted to apply for miscellaneous license, qualifications and conditions of mechanical amusement facility constructors, method and items of completion inspection, format of conformity certificate, facility items and minimum premium of accident liability insurance, method and items of safety inspection, qualifications and conditions of the institutions and organizations designated to perform inspection, as well as format of the safety inspection result shall be prescribed by the central competent authority of construction.
The clauses and premium amount of the insurance referred to in Subparagraph 2, Paragraph 2 shall be determined by the Financial Supervisory Commission jointly with the central competent authority of construction.
Mechanical amusement facilities operators shall manage and use their mechanical amusement facilities in accordance with the following provisions:
1. The facilities shall be used within the approved life span.
2. Accident liability insurance shall be covered from time to time at the minimum premium for the facility items designated by the central competent authority of construction.
3. Legally practicing professional technicians or architects, or inspection institutions or organizations designated by the central competent authority of construction shall be entrusted periodically to perform safety inspection.
4. Full-time personnel shall be appointed to manage and operate the mechanical amusement facilities.
5. Electromechanical technicians qualified through exam or test shall be appointed to perform routine maintenance and repair.
The frequency of the safety inspection referred to in Subparagraph 3 shall be determined by the governing municipal or county (city) competent authority of construction, and may not be less than 2 times every year. Overall or partial safety inspection may be executed flexibly where necessary.
The results of the safety inspection referred to Subparagraph 3 shall be reported to the municipal or county (city) competent authority of construction for disposal, and the municipal or county (city) competent authority of construction may send persons at any time or periodically cooperate with related departments or consign related institutions or organizations to perform re-inspection or selective inspection.
Provisions on the documents and illustrations that ought to be submitted to apply for miscellaneous license, qualifications and conditions of mechanical amusement facility constructors, method and items of completion inspection, format of conformity certificate, facility items and minimum premium of accident liability insurance, method and items of safety inspection, qualifications and conditions of the institutions and organizations designated to perform inspection, as well as format of the safety inspection result shall be prescribed by the central competent authority of construction.
The clauses and premium amount of the insurance referred to in Subparagraph 2, Paragraph 2 shall be determined by the Financial Supervisory Commission jointly with the central competent authority of construction.
Article 77-4
The elevating equipments and mechanical parking facilities may not be used before the usage permit is obtained after passing the completion inspection.
The manager of the above equipments shall periodically entrust professional manufacturers with the license granted by the central competent authority of construction to perform maintenance, and shall periodically request the municipal or county (city) competent authority of construction or inspection institutions or organizations designated by the central competent authority of construction at the request of the municipal or county (city) competent authority of construction to perform safety inspection. Where the manager doesn’t submit the application, the municipal or county (city) competent authority of construction shall order the manager to submit application within a specified time limit. In case that application is not submitted within the foresaid time limit, the equipments will be stopped from being used.
Where the above-mentioned safety inspection is performed by an inspection institution or organization, inspectors who hold the inspector certificates granted by the central competent authority of construction shall be assigned to perform inspection, and the assigned inspectors may not be the practitioners in the professional manufacturers responsible for maintenance of the equipments to be inspected. The municipal or county (city) competent authority of construction may entrust the institution or organization that performs safety inspection to grant usage permits.
The inspection institution or organization shall periodically report the results of the above-mentioned inspection to the municipal or county (city) competent authority of construction, and the municipal or county (city) competent authority of construction may execute sampling examination. Where the equipments are not qualified in a sampling examination, the usage permit shall be abolished.
The professional manufacturer mentioned in the second paragraph shall process operations according to the following provisions:
1. Professional technicians who hold registered certificates granted by the central competent authority of construction shall be assigned to perform installation and maintenance.
2. Installation shall be performed according to the illustrations sent to the municipal or county (city) competent authority of construction for reference.
3. Accident liability insurance shall be covered from time to time at least at the minimum premium specified by the central competent authority of construction.
4. A certain number of full-time professional technicians shall be employed according to the prescribed quantity of equipments to be maintained.
5. Any manufacturer may not provide the registration certificate of professional manufactures for others to use, or use the registration certificate of another manufacturer.
6. Operating supervision performed by the competent authorities of construction shall be accepted.
7. After a contract is signed, installation or maintenance operations shall be finished in accordance with the contract.
8. The documents submitted for reference shall be in conformity with the facts.
9. Improvement shall be made immediately in case the equipments are unqualified in inspection executed by the inspection institution or in sampling inspection performed by the competent authority of construction.
10. Entrusted application for safety inspection shall be handled within the specified time limit.
The professional technicians referred to in the above Subparagraph 1 shall process operations according to the following provisions:
1. Any professional technician may not provide the professional technician certificate for someone else to use, or use the certificate of someone else.
2. The results of maintenance shall be recorded according to the facts.
3. All the professional technicians shall attend the training held by the central competent authority of construction or related institutions or organizations entrusted by the central competent authority of construction.
4. Any professional technician may not be employed in two or more professional manufacturers.
The inspection institutions referred to the second paragraph shall do business according to the following provisions:
1. Abilities to do business shall be provided.
2. Alteration of inspectors shall be reported according to the facts.
3. Applications for inspection may not be overstocked.
4. Operating supervision performed by the competent authorities of construction shall be accepted.
5. For the unqualified cases that are reported for disposal, the manager shall be notified to make improvement within a specified time limit. The equipments do not pass the re-inspection shall be reported in time to the municipal or county (city) competent authority of construction for disposal.
The inspectors mentioned in the third paragraph shall process operations in accordance with the following provisions:
1. Any inspector may not provide the inspector certificate for someone else to use, or use the certificate of another inspector.
2. Inspection results shall be reported according to the facts, and the equipments unqualified in inspection shall be reported to the inspection institution for disposal.
3. All the inspectors shall attend the training held by the central competent authority of construction or related institutions or organizations entrusted by the central competent authority of construction.
4. Anyone may not work in two or more inspection institutions or organizations.
5. Where it is found in inspection that a set of elevating equipment is likely to harm the public safety immediately, the inspector shall, as quickly as possible, report the case to the municipal or county (city) competent authority of construction for disposal.
The documents required to apply for usage permits for the equipments mentioned in the above 8 paragraphs, validity period and format of usage permit, term of maintenance, term, method and items of safety inspection, format of safety inspection results, qualifications and conditions of the institutions or organizations designated to perform safety inspection and entrusted to hold training, qualification, conditions, procedure and format of the professional manufacturer registration certificates, inspector certificates and professional technician certificates, minimum premium of accident liability insurance, as well as number of professional technicians employed by and quantity of maintenance equipments possessed by a professional manufacturer shall be prescribed by the central competent authority of construction.
The clauses and premium amount of the insurance mentioned in Subparagraph 3, Paragraph 5 shall be determined by the Financial Supervisory Commission jointly with the central competent authority of construction.
The manager of the above equipments shall periodically entrust professional manufacturers with the license granted by the central competent authority of construction to perform maintenance, and shall periodically request the municipal or county (city) competent authority of construction or inspection institutions or organizations designated by the central competent authority of construction at the request of the municipal or county (city) competent authority of construction to perform safety inspection. Where the manager doesn’t submit the application, the municipal or county (city) competent authority of construction shall order the manager to submit application within a specified time limit. In case that application is not submitted within the foresaid time limit, the equipments will be stopped from being used.
Where the above-mentioned safety inspection is performed by an inspection institution or organization, inspectors who hold the inspector certificates granted by the central competent authority of construction shall be assigned to perform inspection, and the assigned inspectors may not be the practitioners in the professional manufacturers responsible for maintenance of the equipments to be inspected. The municipal or county (city) competent authority of construction may entrust the institution or organization that performs safety inspection to grant usage permits.
The inspection institution or organization shall periodically report the results of the above-mentioned inspection to the municipal or county (city) competent authority of construction, and the municipal or county (city) competent authority of construction may execute sampling examination. Where the equipments are not qualified in a sampling examination, the usage permit shall be abolished.
The professional manufacturer mentioned in the second paragraph shall process operations according to the following provisions:
1. Professional technicians who hold registered certificates granted by the central competent authority of construction shall be assigned to perform installation and maintenance.
2. Installation shall be performed according to the illustrations sent to the municipal or county (city) competent authority of construction for reference.
3. Accident liability insurance shall be covered from time to time at least at the minimum premium specified by the central competent authority of construction.
4. A certain number of full-time professional technicians shall be employed according to the prescribed quantity of equipments to be maintained.
5. Any manufacturer may not provide the registration certificate of professional manufactures for others to use, or use the registration certificate of another manufacturer.
6. Operating supervision performed by the competent authorities of construction shall be accepted.
7. After a contract is signed, installation or maintenance operations shall be finished in accordance with the contract.
8. The documents submitted for reference shall be in conformity with the facts.
9. Improvement shall be made immediately in case the equipments are unqualified in inspection executed by the inspection institution or in sampling inspection performed by the competent authority of construction.
10. Entrusted application for safety inspection shall be handled within the specified time limit.
The professional technicians referred to in the above Subparagraph 1 shall process operations according to the following provisions:
1. Any professional technician may not provide the professional technician certificate for someone else to use, or use the certificate of someone else.
2. The results of maintenance shall be recorded according to the facts.
3. All the professional technicians shall attend the training held by the central competent authority of construction or related institutions or organizations entrusted by the central competent authority of construction.
4. Any professional technician may not be employed in two or more professional manufacturers.
The inspection institutions referred to the second paragraph shall do business according to the following provisions:
1. Abilities to do business shall be provided.
2. Alteration of inspectors shall be reported according to the facts.
3. Applications for inspection may not be overstocked.
4. Operating supervision performed by the competent authorities of construction shall be accepted.
5. For the unqualified cases that are reported for disposal, the manager shall be notified to make improvement within a specified time limit. The equipments do not pass the re-inspection shall be reported in time to the municipal or county (city) competent authority of construction for disposal.
The inspectors mentioned in the third paragraph shall process operations in accordance with the following provisions:
1. Any inspector may not provide the inspector certificate for someone else to use, or use the certificate of another inspector.
2. Inspection results shall be reported according to the facts, and the equipments unqualified in inspection shall be reported to the inspection institution for disposal.
3. All the inspectors shall attend the training held by the central competent authority of construction or related institutions or organizations entrusted by the central competent authority of construction.
4. Anyone may not work in two or more inspection institutions or organizations.
5. Where it is found in inspection that a set of elevating equipment is likely to harm the public safety immediately, the inspector shall, as quickly as possible, report the case to the municipal or county (city) competent authority of construction for disposal.
The documents required to apply for usage permits for the equipments mentioned in the above 8 paragraphs, validity period and format of usage permit, term of maintenance, term, method and items of safety inspection, format of safety inspection results, qualifications and conditions of the institutions or organizations designated to perform safety inspection and entrusted to hold training, qualification, conditions, procedure and format of the professional manufacturer registration certificates, inspector certificates and professional technician certificates, minimum premium of accident liability insurance, as well as number of professional technicians employed by and quantity of maintenance equipments possessed by a professional manufacturer shall be prescribed by the central competent authority of construction.
The clauses and premium amount of the insurance mentioned in Subparagraph 3, Paragraph 5 shall be determined by the Financial Supervisory Commission jointly with the central competent authority of construction.
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.
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.
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.
Chapter 8 Penal Provisions
Article 85
Anyone who infringes Article 13 or 14 and conducts design, supervision or construction of buildings without authorization will be compelled to stop operation, and will be fined a sum of NT$ 6,000~30,000. In case the actor doesn’t obey the foresaid disposal and continues operation, he/she will be condemned to fixed-term imprisonment or penal servitude for up to 1 year or/and be fined a sum of up to NT$ 30,000.
Article 86
Infringement of Article 25 will be punished according to the following provisions:
1. Construction without permission will be fined a sum of up to 50? of the construction cost of the building, and shall be stopped to supplement the necessary procedure; coercive demolishing may be executed where necessary.
2. Usage without permission will be fined a sum of up to 50? of the construction cost of the building, and shall be stopped to supplement the necessary procedure; in case of any of the occasions as described in Article 58, the building may be shutdown, and modified within specified time limit or coercively demolished.
3. Dismantling without permission will be fined a sum of up to NT$ 10,000, and dismantling shall be stopped to supplement the necessary procedure.
1. Construction without permission will be fined a sum of up to 50? of the construction cost of the building, and shall be stopped to supplement the necessary procedure; coercive demolishing may be executed where necessary.
2. Usage without permission will be fined a sum of up to 50? of the construction cost of the building, and shall be stopped to supplement the necessary procedure; in case of any of the occasions as described in Article 58, the building may be shutdown, and modified within specified time limit or coercively demolished.
3. Dismantling without permission will be fined a sum of up to NT$ 10,000, and dismantling shall be stopped to supplement the necessary procedure.
Article 87
In any of the following occasions, the proprietor, constructor or supervisor will be fined a sum of up to NT$9,000, and the necessary procedure shall be handled; and construction may be stopped where necessary.
1. Construction is not performed in accordance with the approved working drawings and specification, infringing Article 39.
2. Announcement of the loss is not publicized on newspaper or electronic newspaper and application is not submitted for re-licensing according Article 40 in case of loss of building license.
3. Construction is not finished within the construction term, and application is not submitted for extension of the term according to Paragraph 2, Article 53.
4. Construction is not started within the time limit, and application is not submitted for extension according to Paragraph 2, Article 54.
5. Application is not submitted for registration in case of alteration of the proprietor, constructor, or supervisor, or suspension or cancellation of work according to Paragraph 1, Article 55.
6. Design is not revised and application is not submitted for usage of usable parts of suspended works according to Paragraph 2, Article 55.
7. Reports are not submitted for inspection according to Article 56.
1. Construction is not performed in accordance with the approved working drawings and specification, infringing Article 39.
2. Announcement of the loss is not publicized on newspaper or electronic newspaper and application is not submitted for re-licensing according Article 40 in case of loss of building license.
3. Construction is not finished within the construction term, and application is not submitted for extension of the term according to Paragraph 2, Article 53.
4. Construction is not started within the time limit, and application is not submitted for extension according to Paragraph 2, Article 54.
5. Application is not submitted for registration in case of alteration of the proprietor, constructor, or supervisor, or suspension or cancellation of work according to Paragraph 1, Article 55.
6. Design is not revised and application is not submitted for usage of usable parts of suspended works according to Paragraph 2, Article 55.
7. Reports are not submitted for inspection according to Article 56.
Article 88
In case of infringement of any of Articles 49~51, the constructor or the supervisor will be fined a sum of NT$ 3,000~15,000, and will be ordered to make modification within a specified time limit. Where modification is not performed within the time limit, the buildings may be coercively demolished.
Article 89
In case of infringement of any of Articles 63~69 or Article 84, construction will be stopped, and the constructor, supervisor or dismantler will be fined a sum of NT$ 6,000~30,000; where the proprietor is also liable, he/she will be fined a same sum too.
Article 90
(Deleted)
Article 91
In any of the following occasions, the ownership holder or user of the building and the operators of mechanical amusement facilities will be fined a sum of NT$60,000~300,000, and improvement shall be performed or necessary procedure be handled within a specified time limit. Where improvement is not made or procedure is not handled and usage is still continued, continuous punishment may be made, and usage shall be stopped within a specified time limit. Where necessary, the authority may stop the water and power supply, close down the building, require the ownership holder to demolish the building and restore the original conditions, or coercively demolish the building.
1. The building is used without approval of usage alteration, infringing Article 63.
2. The legal usage as well as the structure and equipments safety of the building are not maintained under Paragraph 1, Article 77.
3. The examination, reexamination or sampling examination as prescribed in the Paragraph 2 and 4 of Article 77 is evaded, encumbered or refused.
4. Building public safety inspection and attestation or reporting is not handled according to Paragraph 3 and 4 of Article 77.
5. Mechanical amusement facilities are provided for people to use without the usage license, infringing Paragraph 1, Article 77-3.
6. Mechanical amusement facilities are not used according to the approved life span, infringing Subparagraph 1, Paragraph 2, Article 77-3.
7. Accident liability insurance is not covered from time to time according to Subparagraph 2, Paragraph 2, Article 77-3.
8. Periodical safety inspection is not carried out according to Subparagraph 3, Paragraph 2, Article 77-3.
9. Full-time personnel are not appointed to manage and operate the mechanical amusement facilities according to Subparagraph 4, Paragraph 2, Article 77-3.
10. Electromechanical technicians qualified through exams or tests are not appointed to take charge of routine maintenance and repair according to Subparagraph 5, Paragraph 2, Article 77-3.
For a building used for business operating, where death is caused due to infringement of the provision on maintenance of the legal usage as well as the structure and equipments safety as prescribed in Paragraph 1, Article 77, the ownership holder or the user will be condemned to fixed-term imprisonment for 1~7 years, and may be fined a sum of NT$1,000,000~5,000,000; in case of serious injury, fixed-term imprisonment for 6 months to 5 years will be condemned, and a sum of NT$500,000~2,500,000 may be fined.
1. The building is used without approval of usage alteration, infringing Article 63.
2. The legal usage as well as the structure and equipments safety of the building are not maintained under Paragraph 1, Article 77.
3. The examination, reexamination or sampling examination as prescribed in the Paragraph 2 and 4 of Article 77 is evaded, encumbered or refused.
4. Building public safety inspection and attestation or reporting is not handled according to Paragraph 3 and 4 of Article 77.
5. Mechanical amusement facilities are provided for people to use without the usage license, infringing Paragraph 1, Article 77-3.
6. Mechanical amusement facilities are not used according to the approved life span, infringing Subparagraph 1, Paragraph 2, Article 77-3.
7. Accident liability insurance is not covered from time to time according to Subparagraph 2, Paragraph 2, Article 77-3.
8. Periodical safety inspection is not carried out according to Subparagraph 3, Paragraph 2, Article 77-3.
9. Full-time personnel are not appointed to manage and operate the mechanical amusement facilities according to Subparagraph 4, Paragraph 2, Article 77-3.
10. Electromechanical technicians qualified through exams or tests are not appointed to take charge of routine maintenance and repair according to Subparagraph 5, Paragraph 2, Article 77-3.
For a building used for business operating, where death is caused due to infringement of the provision on maintenance of the legal usage as well as the structure and equipments safety as prescribed in Paragraph 1, Article 77, the ownership holder or the user will be condemned to fixed-term imprisonment for 1~7 years, and may be fined a sum of NT$1,000,000~5,000,000; in case of serious injury, fixed-term imprisonment for 6 months to 5 years will be condemned, and a sum of NT$500,000~2,500,000 may be fined.
Article 91-1
In any of the following occasions, the architects, professional technicians, professional institutions or persons, professional technical personnel, inspectors, or inspection personnel executing safety inspection to the mechanical amusement facilities will be fined a sum of NT$60,000~300,000:
1. The contents of inspection and attestation as prescribed in Paragraph 3, Article 77 are false.
2. Others are allowed to handle the inspection and attestation as prescribed in Paragraph 3, Article 77 in the inspector’s name, or other’s name is used to handle the inspection and attestation.
3. Registration certificate or inspector certificate is provided for someone else to use, or the certificate of someone else is used to do business with infringement of Subparagraph 1, Paragraph 6, or Subparagraph 1, Paragraph 8, Article 77-4.
4. The contents of safety inspection report are false, infringing Subparagraph 3, Paragraph 2, Article 77-3.
1. The contents of inspection and attestation as prescribed in Paragraph 3, Article 77 are false.
2. Others are allowed to handle the inspection and attestation as prescribed in Paragraph 3, Article 77 in the inspector’s name, or other’s name is used to handle the inspection and attestation.
3. Registration certificate or inspector certificate is provided for someone else to use, or the certificate of someone else is used to do business with infringement of Subparagraph 1, Paragraph 6, or Subparagraph 1, Paragraph 8, Article 77-4.
4. The contents of safety inspection report are false, infringing Subparagraph 3, Paragraph 2, Article 77-3.
Article 91-2
Where a professional institution or professional inspector gravely infringes the provision on inspection and attestation prescribed by the Ministry of the Interior as described in Paragraph 1, Article 77, the permit granted by the institution or inspector will be abolished.
On occurrence of any of following committed by a professional manufacturer of elevating equipments or mechanical parkingfacilities, the municipal or county (city) competent authority of construction shall notify the manufacturer to make correction within a specified time limit. Where correction is not made within the time limit, the manufacturer will be stopped from operation, or the central competent authority of construction may abolish the registration certificate.
1. Non-professional technical personnel are assigned to perform installation and maintenance with infringement of Subparagraph 1, Paragraph 5,Article 77-4.
2. Installation is not performed based on the illustrations submitted for reference and according to Subparagraph 2, Paragraph 5, Article 77-4.
3. Accident liability insurance is not covered from time to time according to Subparagraph 3, Paragraph 5, Article 77-4.
4. A certain number of full-time professional technicians are not employed according to Subparagraph 4, Paragraph 5, Article 77-4.
5. The registration certificate is provided for someone else to use, or the certificate of someone else is used, with infringement of Subparagraph 5, Paragraph 5, Article 77-4.
6. Operating supervision is evaded, encumbered or refused with infringement of Subparagraph 6, Paragraph 5, Article 77-4.
7. Documents submitted for reference are not in conformity with the facts, infringing Subparagraph 8, Paragraph 5, Article 77-4.
8. Improvement is not made after the equipments are unqualified in examination or sampling examination, or the equipments are still unqualified in reexamination after improvement is made, infringing Subparagraph 9, Paragraph 5, Article 77-4.
10. Application is not submitted within specified the time limit according to Subparagraph 10, Paragraph 5, Article 77-4.
On occurrence of any of the following committed by professional technical personnel, the municipal or county (city) competent authority of construction shall notify the personnel to perform correction within a specified time limit. Where correction is not made within the time limit, the personnel may be stopped from operation, or the case will be reported to the central competent authority of construction to abolish the professional technician registration certificate:
1. The registration certificate is provided for someone else to use or someone else’s registration certificate is used to do business, with infringement of Subparagraph 1, Paragraph 6, Article 77-4.
2. The maintenance results are not recorded according to the facts, with infringement of Subparagraph 2, Paragraph 6, Article 77-4.
3. The training is not attended in accordance with Subparagraph 3, Paragraph 6, Article 77-4.
4. Be employed in two or more professional manufacturers with infringement of Subparagraph 4, Paragraph 6, Article 77-4.
On occurrence of any of the following committed by an inspection institution, the municipal or county (city) competent authority of construction shall notify the institution to make correction within a specified time limit. Where correction is not made within the time limit, the institution may be stopped from operation, or the case will be reported to the central competent authority of construction to abolish the designation:
1. The ability to operate business is lost, with infringement of Subparagraph 1, Paragraph 7, Article 77-4.
2. The alteration of inspectors is not reported according to the facts, with infringement of Subparagraph 2, Paragraph 7, Article 77-4.
3. Application cases are overstocked with infringement of Subparagraph 3, Paragraph 7, Article 77-4.
4. Operational supervision is evaded, encumbered or rejected with infringement of Subparagraph 4, Paragraph 7, Article 77-4.
5. The manager is not notified to make improvement within a specified time limit, or a case unqualified in re-inspection is not timely reported to the competent authority of construction for disposal according to Subparagraph 5, Paragraph 7, Article 77-4.
On occurrence of any of the following committed by an inspector, the municipal or county (city) competent authority of construction shall notify the inspector to make correction within a specified time limit. Where correction is not made within the time limit, the inspector will be stopped from operation, or the central competent authority of construction may abolish the inspector certificate:
1. The inspector certificate is provided for someone else to use, or the certificate of another inspector is used to do business with infringement of Subparagraph 1, Paragraph 8, Article 77-4.
2. The inspection results are not reported according to the facts or the unqualified equipments are not reported to the inspection institution for disposal, infringing Subparagraph 2, Paragraph 8, Article 77-4.
3. The training is not attended according to Subparagraph 3, Paragraph 8, Article 77-4.
4. Being employed in two or more inspection institutions or organizations within infringement
5. Reports are not submitted to the competent authority of construction as quickly as possible for disposal according to Subparagraph 5, Paragraph 8, Article 77-4.
The professional manufacturers, professional technicians, or inspectors whose registration certificates or inspector certificates have been cancelled or abolished may not reapply for registration certificates of the same kind or inspector certificates within 3 years.
On occurrence of any of following committed by a professional manufacturer of elevating equipments or mechanical parkingfacilities, the municipal or county (city) competent authority of construction shall notify the manufacturer to make correction within a specified time limit. Where correction is not made within the time limit, the manufacturer will be stopped from operation, or the central competent authority of construction may abolish the registration certificate.
1. Non-professional technical personnel are assigned to perform installation and maintenance with infringement of Subparagraph 1, Paragraph 5,Article 77-4.
2. Installation is not performed based on the illustrations submitted for reference and according to Subparagraph 2, Paragraph 5, Article 77-4.
3. Accident liability insurance is not covered from time to time according to Subparagraph 3, Paragraph 5, Article 77-4.
4. A certain number of full-time professional technicians are not employed according to Subparagraph 4, Paragraph 5, Article 77-4.
5. The registration certificate is provided for someone else to use, or the certificate of someone else is used, with infringement of Subparagraph 5, Paragraph 5, Article 77-4.
6. Operating supervision is evaded, encumbered or refused with infringement of Subparagraph 6, Paragraph 5, Article 77-4.
7. Documents submitted for reference are not in conformity with the facts, infringing Subparagraph 8, Paragraph 5, Article 77-4.
8. Improvement is not made after the equipments are unqualified in examination or sampling examination, or the equipments are still unqualified in reexamination after improvement is made, infringing Subparagraph 9, Paragraph 5, Article 77-4.
10. Application is not submitted within specified the time limit according to Subparagraph 10, Paragraph 5, Article 77-4.
On occurrence of any of the following committed by professional technical personnel, the municipal or county (city) competent authority of construction shall notify the personnel to perform correction within a specified time limit. Where correction is not made within the time limit, the personnel may be stopped from operation, or the case will be reported to the central competent authority of construction to abolish the professional technician registration certificate:
1. The registration certificate is provided for someone else to use or someone else’s registration certificate is used to do business, with infringement of Subparagraph 1, Paragraph 6, Article 77-4.
2. The maintenance results are not recorded according to the facts, with infringement of Subparagraph 2, Paragraph 6, Article 77-4.
3. The training is not attended in accordance with Subparagraph 3, Paragraph 6, Article 77-4.
4. Be employed in two or more professional manufacturers with infringement of Subparagraph 4, Paragraph 6, Article 77-4.
On occurrence of any of the following committed by an inspection institution, the municipal or county (city) competent authority of construction shall notify the institution to make correction within a specified time limit. Where correction is not made within the time limit, the institution may be stopped from operation, or the case will be reported to the central competent authority of construction to abolish the designation:
1. The ability to operate business is lost, with infringement of Subparagraph 1, Paragraph 7, Article 77-4.
2. The alteration of inspectors is not reported according to the facts, with infringement of Subparagraph 2, Paragraph 7, Article 77-4.
3. Application cases are overstocked with infringement of Subparagraph 3, Paragraph 7, Article 77-4.
4. Operational supervision is evaded, encumbered or rejected with infringement of Subparagraph 4, Paragraph 7, Article 77-4.
5. The manager is not notified to make improvement within a specified time limit, or a case unqualified in re-inspection is not timely reported to the competent authority of construction for disposal according to Subparagraph 5, Paragraph 7, Article 77-4.
On occurrence of any of the following committed by an inspector, the municipal or county (city) competent authority of construction shall notify the inspector to make correction within a specified time limit. Where correction is not made within the time limit, the inspector will be stopped from operation, or the central competent authority of construction may abolish the inspector certificate:
1. The inspector certificate is provided for someone else to use, or the certificate of another inspector is used to do business with infringement of Subparagraph 1, Paragraph 8, Article 77-4.
2. The inspection results are not reported according to the facts or the unqualified equipments are not reported to the inspection institution for disposal, infringing Subparagraph 2, Paragraph 8, Article 77-4.
3. The training is not attended according to Subparagraph 3, Paragraph 8, Article 77-4.
4. Being employed in two or more inspection institutions or organizations within infringement
5. Reports are not submitted to the competent authority of construction as quickly as possible for disposal according to Subparagraph 5, Paragraph 8, Article 77-4.
The professional manufacturers, professional technicians, or inspectors whose registration certificates or inspector certificates have been cancelled or abolished may not reapply for registration certificates of the same kind or inspector certificates within 3 years.
Article 92
The fines prescribed in this Code shall be punished by the governing competent authority of construction. Where the administrative execution fails, the case may be transferred to the court for coercive execution.
Article 93
For the buildings stopped built under this Code, construction may not be restarted without permission. In case of restarting construction without permission and disobeying the advice to stop, the building will be coercively demolished or recovered to the original conditions, and the persons liable will be condemned to fixed-term imprisonment or penal servitude for up to 1 year, and/or fined a sum of up to NT$ 30,000.
Article 94
The buildings stopped from being used or closed down under this Code may not be used without permission and disobeying the advice to stop, fixed-term imprisonment or penal servitude for up to 1 year will be condemned, and/or a sum of up to NT$300,000 will be fined.
Article 94-1
For the buildings for which the water or power supply is shut off under this Code, water or power may not be reconnected or used without being examined and approved by the municipal or county (city) (bureau) competent authority of construction. In case of connection or use of water or power without permission, fixed-term imprisonment or penal servitude for up to 1 year will be condemned, and/or a sum of up to NT$300,000 will be fined.
Article 95
Illegal reconstruction of the buildings coercively demolished under this Code will be condemned to fixed-term imprisonment or penal servitude for up to 1 year, and/or fined a sum of up to NT$300,000.
Article 95-1
In case of infringement of Paragraph 1 or 2, Article 77-2, the ownership holder or the user of the building or the indoor decoration practitioner will be fined a sum of NT$60,000 to NT$300,000, and shall make improvement or complement the necessary procedure within a specified time limit. Where improvement is not made or the procedure is not supplemented within the time limit, continuous punishment may be performed; and the illegal parts of indoor decoration shall be demolished where necessary.
Any indoor decoration practitioner who infringes Paragraph 3, Article 77-2 will be fined a sum of NT$60,000~300,000, and will be stopped from operation, and the registration may be cancelled where necessary; in case that the practitioner is a company, the governing department may be notified to cancel the registration.
Disobedience of the above provision and continuance of operation will be condemned to fixed-term imprisonment or penal servitude for up to 1 year，and/or fined a sum of up to NT$300,000; Where the practitioner is a company, punishment shall be executed to the principal and the actor.
Any indoor decoration practitioner who infringes Paragraph 3, Article 77-2 will be fined a sum of NT$60,000~300,000, and will be stopped from operation, and the registration may be cancelled where necessary; in case that the practitioner is a company, the governing department may be notified to cancel the registration.
Disobedience of the above provision and continuance of operation will be condemned to fixed-term imprisonment or penal servitude for up to 1 year，and/or fined a sum of up to NT$300,000; Where the practitioner is a company, punishment shall be executed to the principal and the actor.
Article 95-2
Any manager of building elevating equipments and mechanical parking facilities who infringes Paragraph 2, Article 77-4 will be fined a sum of NT$3,000~15,000, and will be compelled to perform improvement or supplement the necessary procedure within a specified time limit; where improvement is not performed or the procedure is not supplemented within the time limit, consecutive punishment may be performed.
Article 95-3
In case of penalty of Paragraph 2, Article 97-3 after this Code is amended and enforced, and establishment of billboard or erected advertisement without permission, the owner of the building, the land owner, or the user will be fined NT$40,000~200,000, and will be ordered to make improvement or handle the necessary procedure within a specified time limit; where improvement is not made or the procedure is not handled within the time limit, consecutive penalty may be performed. Where necessary, the owner or user may be compelled to remove the billboard or erected advertisement within a specified time limit.
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.
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.
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.
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.
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.
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.
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.
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.