| 英文摘要 |
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. |
