Title: TCG Municipal Guideline on Use of TCG-Owned Real Estate Property
Date: ( 2005-4-27 Enacted )
Amendment: Formulated per TCG 94.4.27.(94) Fu-Fa-San-Tzu No.09413923200 Order
Article 1
Taipei City Government (hereinafter referred to as TCG) formulated this Municipal
Guideline in order to implement the proviso of Article 21 of TCG Municipal Guideline
on Management of TCG-Owned Property, to enhance the utilization benefit of TCG-owned
public real estate property (hereinafter referred to as public real estate property)
and to increase income.
Except otherwise provided, provision of public real estate property for use shall be
governed by this guideline.
Article 2
The use of public real estate property may be permissible after the governing agency
evaluates the proposal and determines that the original purpose, operational goal,
official business, water/soil conservation, environmental landscape and public safety
are not adversely affected, and that there is no other legal or policy concern.
However, land obtained through exercise of eminent domain may not be provided for
private use if in accordance with the law of eminent domain the original owner may
request to purchase the land back at the requisition price.
Article 3
Provision of public real estate property for use shall be done through public bidding.
However, in any of the following cases the governing agency may accept use applications
:
1 The term of use is no more than six months, and there is no contract renewal.
2 The application is for social welfare or public purpose, and the governing agency is
required by law or by policy to cooperate or provide assistance.
3 The application is for establishing ATMs, vending machines, snapshot stations or
other facilities that provide convenient services.
In the event where before approval is given to one applicant, other applicants submit
application for the same location, the governing agency shall ask the applicants to
negotiate among themselves. If no agreement is reached, an open bidding shall be
conducted to settle the case.
Article 4
For provision of public real estate property for use, the governing agency shall in
accordance with administrative procedures submit draft of the administrative agreement
and other related materials, specifying the cause, duration and fee of the use and
applicable laws, for approval.
The contract duration shall not exceed three years. In principle the governing agency
shall enter into the contract with the applicant.
The proposal of the governing agency mentioned in the first paragraph shall be in
principle submitted to TCG Department of Finance and Law and Regulation Commission and
shall be finalized by the mayor. However, under any of the following circumstances the
proposal may be finalized by TCG Level 1 department heads (cases submitted by district
offices shall be finalized by director of Civil Affairs Department) without review of
TCG Department of Finance or Law and Regulation Commission when there is no special
policy or legal concern:
1 The term of use is no more than six months, and there is no contract renewal.
2 The public real estate property is to be used by power supply, telecommunication,
gas, postal service and other utility service entities.
3 The public real estate property to be used by staff (student) commissaries.
4 The proposal is for establishing ATMs, vending machines, snapshot stations or other
facilities that provide convenient services.
5 Application for contract renewal under the same conditions.
6 Public bidding for project continuation.
Article 5
Use charges shall be collected for provision of public real estate property in
accordance with the fee standard listed in the Attachment. Use charge exemption,
reduction or suspension may be granted for cases that fall within the purview of
Article 12 or Article 13 of the Service Fee Act after the application is submitted by
the responsible agency in conjunction with Department of Finance and approved by TCG.
Article 6
In the event where public bidding is conducted for provision of public real estate
property for use, the floor price of the use charge shall not be lower than the amount
calculated in accordance with provisions set forth in the preceding article.
In the event where the public bidding based on the floor price calculated in accordance
with provisions set forth in the preceding article cannot be finalized, the floor price
may be discounted in accordance with prevailing rent of the surrounding area. However,
in the event where the new floor price is lower than 60% of the floor price calculated
in accordance with provisions set forth in the preceding article, the bidding shall be
reviewed by TCG Department of Finance and finalized by the mayor.
Article 7
For provision of public real estate property for use, a deposit may be collected if
necessary. The amount shall be in principle two months of the use charge.
Article 8
In the event where the application method is accepted, the applicant shall fill out the
application form and submit it to the governing agency.
The application form mentioned above shall include the following information:
1 Marking (land lot number and building number) of the targeted public real estate
property, area of use and scope of use (when only part is used).
2 Duration of use.
3 Purpose and goal of use.
4 Whether stages, tents or any temporary structures will be built.
5 Whether the applicant intends to collects fee from the public, and whether there will
be commercial activities during the time of use.
Article 9
Under any of the following circumstances, the governing agency shall reject the
application submitted in accordance with the provisions set forth in the preceding
article:
1 Noncompliance with the requirement of Article 2.
2 In accordance with the provisions set forth in Article 3 a public bidding shall be
held.
3 The content of the application form is not in compliance with the requirement, and
the applicant fails to rectify the problem by the prescribed deadline.
4 The applicant has been found in serious violation of the regulations in previous use
of public real estate property.
5 The application is in serious violation of this guideline or other laws or policies
or is damaging to social welfare.
6 When there are other causes that make provision of public real estate property in
appropriate.
Article 10
Following signing of the administrative contract for provision of public real estate
property for use, the governing agency shall properly store the contract, correct
property system data on current use of the land or building, and deliver copies of the
approval memo and contract to TCG Department of Finance for filing.
Article 11
The administrative contract for provision of public real estate property for use shall
specify that under any of the following circumstances the governing agency may
immediately terminate the contract:
1 The government changes the users due to establishment of public undertaking or
official business requirement, or in accordance with legal provisions.
2 The government needs to recall the property due to development or implementation of
national policies or urban planning.
3 TCG sells the property by law.
4 The user’s use of the public real estate property is found in violation of the law.
5 Without prior consent, the user leases all or part of the public real estate property
to a third party or transfer the right of common in any other ways to a third party.
6 The user is in arrear with the use charge for two months and after being served with
proper notice has failed to pay the amount in full by the prescribed deadline.
7 The user is declared bankrupt or is dissolved.
8 The user without prior consent establishes aboveground objects, or changes use of
the public real estate property, or changes the stipulated purpose.
9 Due to causes for which the user is responsible, the object of use or other equipment
is damaged beyond recovery.
10 The user is in violation of the contract.
11 Other legal provisions by which the contract may be terminated.
Article 12
In the event where the contract expires or is terminated, the user shall terminate the
use immediately, restore the public real estate property to its original condition and
return it to the governing agency and may not demand compensation. In the event where
the user is not in violation of the contract, the governing agency shall return the
deposit without interest to the user. In the event where the user fails to restore the
public real estate property to its original condition, or is in violation of the
contract, and after being served with the notice by the governing agency to recover
the condition or pay the demanded damages has failed to comply before the prescribed
deadline, the governing agency may deduct the deposit refund to cover the damages. In
the event where the deposit is not sufficient to cover the damages, the governing
agency may take necessary action to collect payment from the user.
Article 13
Following return of public real estate property, the governing agency shall correct
property system data on current use of the land or building, and notify TCG Department
of Finance in writing to terminate the monitoring.
Article 14
For public real estate property deemed proper by the governing agency for constant
public use, a guideline on use of the facility shall be formulated to define the
application procedures, fee collection standard and other regulations concerning use
of the facility. Such a case is not within the purview of this guideline. The fee
collection standard shall be in compliance with Article 10 of the Customary Fee Act
and shall be submitted along with cost information to TCG Department of Finance for
consent, to TCG for approval, and to the City Council for filing and promulgation.
Article 15
The award/penalty standard for evaluation of property management staff of TCG and its
subsidiary agencies and schools may be applicable to TCG agencies’ provision of
public real estate property for use.
Article 16
TCG agencies’ use of public real estate property for official purpose, or occupation
of public real estate property, shall be dealt with in accordance with other concerned
rules and regulations. It is not within the purview of this guideline.
Article 17
This Municipal Guideline shall be in effect on the date it is promulgated.