都市更新條例對危險老舊大樓更新之障礙與立法政策芻議──以城中城大樓事件為例

Difficulties and Its Reasons of the Renewal of Unsafe and Old Buildings and Some Suggestions for Amendment of Laws

現行都更條例下，明明已經符合優先劃定之危老建物，卻因為都更之啟動門檻、審議程序、同意門檻之障礙，導致都更無法進行，釀成如城中城大樓火災此等悲劇。本文將以城中城大樓事件為例，說明其在現行都市更新條例下，所面臨的各項阻礙，包括其所在地區是否被劃為優先更新地區，因產權人數過多導致難以達到都更啟動門、同意門檻等實際困難等。
本文將提出，應重新思考都更目的之公益性、都更手段之侵害性，設計適當的法律制度。1.結構安全性能評估之申請，不應要求過高門檻；2.民間自行劃定更新單元均已符合第6條之優先劃定要件，則不應該區分由政府主動劃定還是民間申請，而區分後續的同意門檻；3.所有權人數計算方式，應該修正，以避免因繼承導致產權人數過多問題；4.都更手段中，除了重建，還包括整建和維護。整建和維護對於社區住戶的侵害程度較小，但公益性並沒有較弱。建議應對整建、維護，分別設置不同的同意程序與同意門檻。"

Under the current Urban Renewal Act, although the old and dangerous buildings have already met the priority classification, due to the obstacles of the initiation threshold, review process, and consent threshold, the urban renewals are unable to proceed, leading to tragedies such as the fire incident in the Cheng-Chung-Cheng building. This article will take the Cheng-Chung-Cheng building incident as an example to illustrate the various obstacles it faces under the current Urban Renewal Act, including whether its area is designated as a priority renewal area, and the number of owners makes it difficult to meet the thresholds of initiation and consent.
This article will propose that we should rethink the purpose of public welfare and the intrusiveness of means, and design an appropriate legal system. 1. The application for structural safety assessment should not require too high a threshold; 2. If the privately-designated renewal units have met the priority requirements of Article 6, the subsequent consent thresholds should not be distinguished by renewal by government or by private. 3. The calculation method of the number of owners should be revised to avoid the problem of an excess number of owners due to inheritance. 4. In addition to reconstruction, the concept of renewal also includes renovation and maintenance. Restoration and maintenance have less intrusive on the residents of the community, but the public welfare is not weak. It is recommended to set different consent procedures and consent thresholds for restoration and maintenance.