台灣地區個別農舍興建制度與執行之研究

A study on the institution design and enforcement mechanism of farmhouse building in Taiwan

我國農業用地興建個別農舍制度，從實施以來，歷經不同階段的農地政策變遷與制度改革，尤其在2000年後因農地政策上擴大非自耕農也能購買農地，制度變遷甚大，農舍興建資格也因而隨之改變，促使農舍管理法令上也有不同的做法。農舍興建制度之制度設計與執行機制，與農地政策、土地使用及建築管理法規有密切之關係，也增加檢視該制度之可研究性。本文以台灣地區為研究範圍，針對非都市土地之農業用地興建個別農舍制度，探討台灣地區農地興建個別農舍機制所涉及的相關地政、農地與建築法令，並參考英國、加拿大、德國等國家類似農舍之規範，提出不同國情下對興建個別農舍之比較。本文也探討農業用地興建個別農舍制度之設計內涵及執行機制，並予以法制分析，同時對地方政府實際執行審查人員訪談結果，進行制度設計之檢討。本研究發現農舍興建已成為我國房屋市場的產品樣態之一，農舍明顯脫離與農業經營不可分離的基本價值等現象，另外部分農舍審查條件難以落實、制度設計待更細膩的設計等均是制度上值得注意的地方；最後，本文提出包括依我國國情重新作農舍之定位、強化事後管理監督機制等之政策面與執行面的相關建議。 The institution that agricultural land builds farm building has been followed several stages change of farmland policy. Especially in 2000, the non tillers can buy farmland that result in significantly changed. Consequently, the qualification for applying to build farm building was changed too. The institution design and enforcement mechanism of the farmhouse institution have close related with farmland policy, land use laws and the regulations of construction management which is worth while examining more closely. This paper examines the contents of institution design and enforcement mechanism of farm building In particular to the non-urban land. In addition, the regulations of agricultural building of British, Canada and Germany are discussed so as to provide reference for farm building. Based on the results of deep interview with responsible officers of local government, this paper further investigates the situation of enforcement so as to feedback to the institution design of farm building. This paper find out that farm building is regarded as resident house in the housing market which is nothing to do with agricultural operation. Furthermore, the qualification for applying farm building and institutional design are required to have some improvement. Finally, a promising suggestion on the position of farm building in Taiwan and the policy and enforcement as well as policing mechanisms of farm building will be presented.

The institution that agricultural land builds farm building has been followed several stages change of farmland policy. Especially in 2000, the non tillers can buy farmland that result in significantly changed. Consequently, the qualification for applying to build farm building was changed too. The institution design and enforcement mechanism of the farmhouse institution have close related with farmland policy, land use laws and the regulations of construction management which is worth while examining more closely. This paper examines the contents of institution design and enforcement mechanism of farm building In particular to the non-urban land. In addition, the regulations of agricultural building of British, Canada and Germany are discussed so as to provide reference for farm building. Based on the results of deep interview with responsible officers of local government, this paper further investigates the situation of enforcement so as to feedback to the institution design of farm building. This paper find out that farm building is regarded as resident house in the housing market which is nothing to do with agricultural operation. Furthermore, the qualification for applying farm building and institutional design are required to have some improvement. Finally, a promising suggestion on the position of farm building in Taiwan and the policy and enforcement as well as policing mechanisms of farm building will be presented.