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Public Housing Act(國民住宅條例 )

Enacted by Order Tai (94)-Nei-Ying-Tzu No.09400010111 of the Ministry of the Interior on December Jan. 26, 2005
Abolished by Order Hua-Zong-I-I-Tzu No.10300201421 of on president on December Jan. 7, 2015


Chapter 1 General principles

Article 1 In order to centralize the construction and management of public housing, stabilize the people’s livelihood, and promote social welfare, this Act is enacted; where there are no provisions, other relevant laws shall apply.

Article 2 The referred public housing in this act indicates the housing projected by the government and constructed through the following forms for sale or rent to low-income families, or conducted by such families themselves with government loan, or provides the subsidy of loan interest for families who bought the house by themselves:

I. Construction conducted directly by the government.

II. Construction conducted by the people themselves with government loan.

III. Construction by encouraging private investment.

IV. People purchase the house by themselves with government assistance.

The standard of low-income family in the forgoing paragraph shall be prescribed by the Executive Yuan.

Article 3 Competent authority as referred to public housing means the Ministry of the Interior at the central government level; the municipal government in special municipalities and the county (city) government in counties (cities).

Article 4 Before the beginning of each fiscal year, the Ministry of the Interior shall, in consultation with relevant units and agencies, in consideration of the actual requirements in various special municipalities or counties (cities) and in accordance with the provisions of Article 2, centralize the planning of public housing construction in the present fiscal year, determining the number of public housing unit to be constructed, the amount of fund to be financed for buildings, the amount of fund for housing loan, the amount of government budget for this purpose, and the amount of fund to be provided by various financial agencies.
Article 5 The family who has bought or rented a house constructed directly by the government, by himself with government loan, or invests under government encouragement, or bought a house with government assistance shall not buy or rent another house constructed directly by the government, by himself with government loan, or invests under government encouragement, or buy a house with government assistance. Only people who have bought houses from original owners are not subject to the limit.

Chapter 2 Government Direct Construction

Article 6 The public housing directly constructed by the government means the housing of which the government is in charge from land acquisition, planning, design, construction, to distribution.

Article 7 To build public housing which has the nature of a community, the government may make a budget to build necessary public facilities in coordination with the housing project, and based on actual requirement, the government may also build commercial and service facilities and other building.
The commercial and service facility and other buildings built by the government in the forgoing paragraph may be built individually or be established at certain floors of public housing, and together with land, which may be sold or leased through open tender by the competent authority of public housing. Proceeds from such sale and lease may be used as public housing funds or for the expenditure of public facilities of public housing community.
The public housing directly constructed by the government, its regulations for purchase, rental qualification, purchase priority, rental qualifications and proportion, processing procedures, rights and obligations,  and for selling or leasing commercial, service facilities and other buildings through open tender and other matters shall be determined by The Ministry of the Interior.

Article 8 In the industrial district developed by the government, public housing may be built based on the actual requirement in the industrial residential community for preferential sale or lease to the workers working in the industrial district.

Article 9 Public land which is not used for public purpose and suitable for public housing shall be sold at a price to, preferentially, the competent authority of public housing. The price shall be negotiated by both parties. If an agreement can not be reached in negotiation, it may be submitted to The Executive Yuan for decision.

When a state-owned enterprise plans to sell land which is suitable for public housing, it shall be sold in accordance with the provisions of the forgoing paragraph.

If the land which the government will use for the construction of public housing must be exchanged, divided, consolidated with adjacent land as required in overall planning and use, it shall be reported to The Ministry of the Interior for approval unless it has been agreed by both parties.

The exchange, division and combination of land in the foregoing paragraph shall not be subject to the restrictions of Article 104 and Article 107 of the Land Act.

Article 10 To build public housing, the government must choose a proper area as the site of public housing and implement zone condemnation. The extent of the site shall be defined by competent authority of public housing of special municipalities; counties (cities) and reported to The Executive Yuan for approval.

Upon approval of expropriation of, land for public housing in the foregoing paragraph, the local municipal or county (city) government shall publish the expropriation for 30 days and notify the landowners respectively. When necessary and with approval from the competent authority of higher level, announcement may be made to forbid the transfer of ownership, division, mortgage, new construction, additional construction, reconstruction, quarry, or change of terrain. The period of time for such forbidding shall be no more than one and half a year.

In zone expropriation, land and its improvements shall be expropriated together. Building improvements shall be compensated according to their replacement prices. As for the immature agriculture improvements, it shall be compensated according to the price of the output after maturity if the date of its maturity is within one year from the date of the expropriation is announced, but the compensation shall be assessed according to its planting expenses and its current value if it still has more than one year to be mature.

For zone expropriation, land prices shall be negotiated by both parties. In case no agreement can be reached in negotiation, the case may be reported by the competent authority of public housing to the competent authority of higher level for approval.  

Article 11 The public housing land expropriated in accordance with the provisions of the forgoing article shall be developed for use within one year after expropriation. The expropriated land, except for the use of public facilities, separately-built commercial and service facilities, and other buildings indicated in the first paragraph of Article 7, the rest of the land which can be available for building may be sold to the original landowners according to the proportion of the areas of expropriated land as compensation for land prices.

The total area of land bought back by the original landowner according to the previsions of the foregoing paragraph shall be no more than 50 percent of the total land area which can be available for building use after land development.

The balance between the value of land bought back by the original landowner and the compensation that he shall be given shall be paid in cash.

If the land bought back by the original landowner is smaller than the area of a minimum building unit, he may apply for incorporation within prescribed time limits so it will achieve the area of minimum building unit, or he may apply for preferential purchase of a public housing unit in accordance with the Regulations Governing Application for Purchase of Public Housing. In case of failure to apply within prescribed time limit, he shall be given compensation in cash.

Article 12 When the original landowner buys back his land based on the provisions of the forgoing paragraph, the land price shall include compensation paid for its expropriation, development expenditure, public facility expenditure, and interest for computation. And he shall make a registration in advance during the period of announcement for expropriation.

The competent authority of public housing shall develop a plan and impose a time limit on the building use of the land bought back by the original landowner. In case of failure to use it for building within the time limit, the competent authority of public housing shall buy the land according to price.

Article 13 Improvements on the land where the government will build public housing may be expropriated, and relevant provisions in the Land Act shall apply to the expropriation procedure.

For the expropriation of and compensation for the land improvements in the forgoing paragraph, provisions in Article 10 shall apply.

Article 14 The tax on the land where the government builds public housing shall be levied in accordance with the tax rate of self-used housing land from the date the construction work starts or the ownership is acquired.

Article 15 The government-built public housing shall be exempt from the deed tax on transfer of real estate when it is sold by the government, but house tax shall be levied in accordance with the tax rate of residential houses when it is rented by the government.

Article 16 The price of the government-built public housing and its land shall be fixed under the cost by the competent authority of public housing in reference to the market price of nearby property with certain deduction, and loan may be given which shall be amortized in no less than 15 years, and the amount of the loan shall be no less than 70 percent of the price.

Article 17  The government shall transfer the ownership of public housing and its land to the buyer immediately after the signature of a sale contract. In
case of the creditor’s rights derived from the loan, the creditor enjoys the first priority of the statutory mortgage of the house and its land from the date of contract signature.

Article 18  (deleted)  

Article 18-1   Before the implement of the articles of this Act revised on Jan 4, 2005, the government in special municipalities, counties (cities) shall appropriate the existed management and maintenance funds of public housing for the public funds of the community after it established management committees, or elect statutory responsible manager based on the Management Act for Apartments and Buildings and reported. The above mentioned is not applicable to the regulation on Article 18, paragraph 1, subparagraph 1 of Management Act for Apartments and Buildings

The management and maintenance funds of public housing in the forgoing paragraph, its time limit of appropriation shall be determined by the Ministry of the Interior. The regulations of amount of appropriation, the measure of appropriation, the application condition and procedures of transfer and other matters shall be determined by the government in special municipalities, counties (cities).

Before the appropriation of the management and maintenance funds of public housing, the management and maintenance of public housing pursuant to the paragraph one shall apply to the regulations before the implement of the articles of this act revised on Jan 4, 2005.

Article 19    The buyer of the government-built public housing may sell, pledge and mortgage, grant, or exchange his house and land after having occupied the house for one year. The person to whom the house is sold, mortgaged, granted, or exchanged, if qualified to buy public housing, he shall apply for public housing loan according to the amount of loan balance and left time limit of the original buyer.

The public housing which acquired license for more than fifteen years shall not apply to provisions of the foregoing paragraph when the house and its land is sold, mortgaged, granted or exchanged.

Article 20  (deleted)

Article 21   After the sale of government-built public housing, if one of the following situations occurs, the competent authority of public housing shall retrieve the house and its land and enforce this provision after ruling by the court:

1. Illegal use of the house.

2. Failure to pay his loan principle and interest for three months even after pressing him for payment.

3. Those that violate the provisions of sale, pledge and mortgage, grant, or exchange pursuant to Article 19, Paragraph 1.

4. Members of one family having public housing loan or the assistant loan on people buying house themselves of more than one unit of public housing. 
5. Change to non-residential use or rent and failure to restore its original use or withdraw the rental for more than thirty days after the notification.

6. Failure to move in after buying the house for three months even after an urge to move in.

The price of the house retrieved in the foregoing paragraph shall be computed based on its original price minus its depreciation. In case of any damage to the house, repair expenditure shall be deducted. Any payment such as house tax, or the loan interest which have been due and the loan principle not yet due, shall be deducted from the house price. The price of the retrieved land based on its original price.  

The depreciation of the house in the foregoing paragraph shall be computed according to the average of the depreciation rates table of fixed assets prescribed by the Executive Yuan.

Article 21-1    Before the implementation of the articles of this act revised on Jan 4, 2005, the buyer of public housing built directly by government fails to pay the management fee shall be apply to provisions of article 21, the Management Act for Apartments and Buildings.

Article 22 (deleted)

Article 22-1   The basement, alley, playground, the green and the non-statutory vacant land and other facilities of public housing community, have been already included in the price of public housing and registered as the public-owned used by all the owners in the public housing community and shall be administered by the management committees or statutory responsible manager.   
When public housing community in the foregoing paragraph is under reconstruction, the management committees or statutory responsible manager shall apply for the registration of change in name, changing the basement, alley, playground, the green and the non-statutory vacant land and other facilities in the forgoing paragraph into the communal condominium building and owned by the landowners, and the competent authority shall notify the land office to do the registration of name changing. And the extent of rights shall be computed based on the proportion between individual ownership value and entire ownership value of public housing community.

The ownership value in the foregoing paragraph shall be computed together with the announced current price of land and the current price of house tax of reconstruction of the year.

The condominium building and the registration of name changing of land pursuant to Paragraph 2 shall not receive the letter of rights.

Article 23    For the public housing built by the government for rent, the competent authority of public housing shall terminate the rent contract after having rented it out, retrieve the house and enforce this after ruling by the court if there is one of the following cases:

1. Illegal use of the house. 
2. Failure to pay rent for three months even after pressing him for payment.

3. Sublease to others.

4. Reconstruction, additional construction or change to non-residential use.

5. Violate the propositions of the rent contract.


Chapter 3 Construction by People Themselves with Government Loan.

Article 24    The public housing means the house built, managed, and maintained by the people themselves with government loan and their own land. 
The loan in the forgoing paragraph is limited to farmer’s, fishermen’s, salt people’s, laborer’s houses and the houses approved by the competent authority of public housing which are built in the rural village, fishermen’s village, salt-producing area, mining area and other remote area.

Article 25    The applicants who apply for loan to build public housing by themselves must have a plot of building land, and its provisions of application qualification, the time limit and procedures of processing, the area of construction and other matters shall be determined by the Ministry of the Interior.

Article 26   The loan borrowed under the provisions of this Chapter may be amortized in a period of more than 15 years, and the amount of the loan shall be no less than 70 percent of the building price.

Article 27    For the public housing built by the borrower himself with government loan, in case of the creditor’s rights derived from the loan, the loan agency shall enjoy the first priority of the statutory mortgage on the house and its land and enjoy the priory of being repaid from the date the loan contract is concluded.

Article 28    The borrower of the government loan for building public housing by himself may, after paying off the principle and interest of his loan, sell, mortgage, grant, exchange his house and land after having occupied the house for one year.

Article 29     The competent authority of public housing may take back the loan and enforce this provision after ruling by the court in case there is one of the following cases happening to the public housing built with government loan by the borrower himself:

1. Illegal use of the house.

2. Failure to pay his loan principle and interest for three months even after pressing him for payment.

3. Those that violate the provisions of sale, pledge and mortgage, grant, or exchange in the foregoing article.

4. Members of one family having public housing loan or the assistant loan on people buying house themselves of more than one unit of public housing.

5. Change to non-residential use or rent and failure to restore its original use or withdraw the rental for more than thirty days after the notification. But the bed and breakfast operated pursuant to the law shall not be subject to this restriction.


Chapter 4 Encouragement to Investment in Public Housing Construction

Article 30    The public housing built under government encouragement indicates the public housing built by a private investor on his own land under government encouragement in accordance with the provisions of this Act. 

Article 31   Having acquired the ownership of or the right to use a plot of land on which more than fifty public housing units can be collectively built, any housing builder in the form of corporation may be given encouragement in accordance with this Act provided that its project has been approved by the public housing agency.

The project in the foregoing paragraph shall include land price, construction price, sale price, and other relevant matters stipulated by the central competent authority of public housing. 

Article 32    The public housing builder in the forgoing article shall apply to the bank for construction financing with its building site of public housing as mortgage. The buyer of such public housing may apply to the bank designated by the government for loan.

The buyer in the forgoing article who has participated in the Saving Deposit for Purchasing of House may apply for a long-term loan which is repaid by installments.

The buyer pursuant to paragraph one of this Article who conforms to the qualifications of public housing buyer shall be provided with public housing loan pursuant to the provisions of Article 16.

Article 32-1    Public housing built under government encouragement, its measures for
application qualification, the processing time and procedures, construction
area of the housing builder, and computing standard, application
qualification, processing time and procedures of public housing loan limit of
purchaser, and other matters shall be stipulated by the Ministry of the
Interior.

Article 33    The business income tax of the public housing built by the corporate housing builder and the surtax in total shall not exceed 25 percent of its income in this part of its business in the year.

Article 34    In the public housing community built by a private investor, if there are public odd lots which must be incorporated with adjacent land for use, the management agency of public land may be contacted for sale through negotiation for the purpose of an overall planning and use.

Article 35   The buyer of the public housing built by private investor under government encouragement shall be exempt from the deed tax of real estate
transaction.

Article 36  (deleted)

Article 37    If one of the following cases happens to the investment project of the approved investment permit; the competent authority of public housing shall abrogate its investment permit:

1. Failure to start construction within 9 months from the second day of the acquirement of investment permit.

2. The process is not based on the investment project of the approved investment permit.

3. Investors change the design which is not in accordance with the law.

4. Investors advertise and sell the housing with the titles of other communities.

5. The construction license is ineffective due to the application of postpone resulted from the failure to meet the deadline of construction noted in the investment project.
The investor’s investment permit abrogated according to the regulation in the foregoing paragraph, the competent authority of public housing shall not accept the application for encouragement for investment on public housing construction within five years.

In the abrogation under the paragraph one of this Article, if construction work has been underway when the investment plan is cancelled, the central and municipal competent authority of public housing may take over the construction. In case of any loss incurred before taking over, the investor shall make compensation.


Chapter 4-1  Assist the Purchase by People Themselves

Article 37-1  The public housing which bought by people with government assistant means the housing that people bought for self-use after approved by the government and loan from the financial institution which the government will pay the subsidy for partial loan interest.

The provisions of the subsidy of loan interest in the foregoing paragraph, its application qualifications, preserved rate for certain targets, processing time and procedures, purchased housing area, loan limits, loan term, computing standard, and other matters shall be determined by the Ministry of the Interior.

Article 37-2 The interest subsidy shall be terminated, if one of the following cases happens to the housing bought by people themselves under government assistance, the commercial bank which provides the loan shall return the subsidy of interest paid to the applicants by the competent authority of public housing starting from the date of the transfer or the period of failed payment to the competent authority of public housing:   
1. Transfer the housing to a third party other than the spouse.

2. Failure to pay the loan principle and interest for six months.

The applicant who has the matter of Subparagraph 1 in the forgoing paragraph shall actively notify the loan-provided bank and the competent authority of public housing.

In the case of the terminated subsidy of interest pursuant to the regulation of Subparagraph 2, Paragraph 1, the loan-provided commercial bank shall restore the subsidy of interest after the applicants paid off all the loan principle and interest before the disposal of the guaranteed real estate.

Article 37-3 During the period of government’s assistance, if one of the following cases happened to the housing people purchased themselves with government assistance, after applied for guarantee changing and approved by the competent authority of public housing, they shall purchase other housing which in accordance with regulations and proceed the loan based on the loan balance and left time limit which are lower than the original loan: 
1. The housing shall be removed for public constructions or urban renewal.

2. The housing is damaged by natural disasters.

3. The housing is evaluated as unsafe.


Chapter 5 Supplementary Provisions

Article 38   Regarding the loan for purchase of public housing directly built by the government as in Article 16, the loan for self construction of public housing as stipulated in Article 26, and the construction financing and the loan for public housing built by a private investor under government encouragement as stipulated in Article 32, the regulations for their loan interest, appropriation period, the time limit of payment, penalty, and other matters shall be determined by the Executive Yuan.

Article 39    When any one whose saving deposit for purchase of house in the bank designated by the government has reached the prescribed level may apply for loan for construction of public housing by himself or for purchase of public housing built by the government, his application may be approved preferentially.

Article 40    The limitation stipulated in Article 25, Land Act, shall not be imposed on the disposal, mortgage, or rent in a period of more than ten years of land made by the government with this Act.

Article 41    When any one on whom the compulsory execution of a court ruling has been imposed disagrees with the reasons that such a ruling should be imposed on him may, with guarantee, make an application to the court for suspension of the compulsory execution. 

Article 42    Funds shall be established for the construction of public housing; the regulation for the keeping and utilization of the funds shall be determined by the Executive Yuan.

Article 43    The planning of public housing community and the design of public housing shall have a standard; such regulations shall be determined by the Ministry of the Interior.

Article 44    The Ministry of the Interior shall determine the enforcement rules of this Act.

Article 45    This Act shall take effect on the date of promulgation.

Last Updated on 2015-01-15
 
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