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How can we avoid purchasing a building site which covers statutory vacant land?

  • Date: 2018-02-14
  • Issued by: Urban Development Bureau

I?Anyone intends to verify whether a parcel of building site contains a statutory vacant land, is required to provide documents including transcript of cadastral map of the subject building site, building usage licenses of the subject building site and the neighboring plots, configuration maps of the building permit.

II?In old urban areas, with the complication of the cadastral data, some residents have, either intentionally or unintentionally, used statutory vacant land for other purposes or even sold such lands without the consent of government authorities. Disputes occur when the buyer applies for the building permit and realizes the limitations placed upon such lands. A land buyer is, therefore, advised to hire an architect to assess the transaction and to make specific clause in the contract for refund in case of any problem with the land.

3. Resolving damage disputes caused by neighboring construction:

If your house is damaged due to ongoing construction in neighboring plots, please attempt to resolve the problem with the proprietor or the contractor for a possible settlement before proceeding further. Should your effort to settle the issue be of no avail, you may submit an objection to the Building Permit Division appended with fact statement (e.g., photos), certificates of the owner and your name. The office will inform the proprietor, contractor, project supervisor, designated engineers and the party affected by the construction with official letters within seven days after receipt of the objection to jointly survey the extent of damage and settle the issue in accordance with the “Regulations of Taichung City Government Governing Control over Construction Work”. If no agreement can be reached, affected party is encouraged to take legal action.

4. Are working hours for construction subject to government regulation?

According to Article 37 of “Regulations of Governing Control over Construction Work in Taichung City”, construction work can only be performed during the hours between 8:00 a.m.~7:00 p.m. unless otherwise approved by the Taichung City Government. The working hours are further subjected to restrictions in accordance with the working hours set forth in the Constructor’s construction plans and subject to control under the Noise Control Act. Whenever the work of a new construction is found in violation of environmental protection related laws (e.g., air, noise pollution), please dial 22291747, the hot line of the Environmental Protection Agency. Taichung City Government will promptly assume the task of monitoring and take necessary actions to safeguard citizens’ interests.

5. What should designated engineers of a construction project do when they wish to resign ?

In accordance with “Letter Regarding a Construction Enterprise Applying for Registration” amended by the Ministry of the Interiors with Order Tai-Nei-Ying-Tze 0930085479 dated August 9, 2004, a designated engineer of a construction project wishing to quit service or becoming unable to perform duties for any reason shall provide the following documents:

(I) Three sets of application form of original project registration (alteration registration).

(II) Architect’s certificate (engineer’s certificate, satisfactory training certificate of project manager), original and photocopy, one set each.

(III) The full-time engineer’s household registry certificate or personal ID card in photocopy issued within the past three months (submit the transcript if such document has been damaged).

(IV) The employment certificate issued by the contractor (the original document)

(V)Register of the contractor.

(VI) Handbook of Project Undertakings of the contractor.

As expressly provided for in Article 20 of the Enforcement Rules of Construction Enterprise Act, when a designated engineer of a construction project quits service or becomes unable to perform duties for any reason, the contractor shall submit relevant report in accordance with Article 40 of the Construction Enterprise Act.

All documents thus provided in photocopies and the Employment Certificate shall be affixed with the both major and minor seals of the construction enterprise consistent with the archive of registration.

  • Date : 2011-11-15
  • Hit: 13
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