Study of Relations between Building Utilization Licenseand Building Registration

• Main Authors: Lin,Wen-hui, 林文惠
• Other Authors: 陳錦賜
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/76671007087206394569

碩士 === 中國文化大學 === 建築及都市計劃研究所 === 98 === In the current process from the completion of a legally constructed building to its property ownership registration, there exist "information asymmetry" phenomenon. Therefore, this paper tries to discuss and explore the interactive relationships between the above said two factors through answering the question why the same building presents different information due to the operative results of building management and registration of land or property ownership in our country. The "floor area" approved by related building laws and regulations usually differs from the “ownership license area” which is made public by Land Registration Office. Meanwhile, within the area of actual utilization there also exit derived problem of application of law for revision or construction. It is the procedure that property ownership takes effect when it is registered in Land Office, after building management office issues utilization license to a completed building. However the public information of a legally built construction released by building management office is not always in conformity with the information of the Land Office. Due to the above-said background, this paper tries to make comparative analysis on building management and land registration data, aiming to explore: （1）differentiation between building utilization license and division of all building registration; （2）area shortage between building utilization license and property ownership registration; （3）policy in improving the unity of operation. The research framework begins with the issuance of building utilization license, following by study of the system of property ownership registration, with purpose of exploring the current situation, problems and general issues of collective housing. In the meantime, it tries to present solutions for improvement of information unity. This paper includes 5 chapters which are divided into 21 sub-chapters as follows: Chapter one: Introduction. Firstly the relationship of legal building utilization with current division of all buildings will be stated in general term, including presentation of the core of problems and the highlights, motive, goal, scope, contents, method and process of this research. Chapter two will review theoretical basis of construction and related land regulations, through the vertical understanding of building utilization management as well as registration of property ownership. Therefore, the research framework based on development of administrative procedural information can be established. Chapter three studies phenomenon formed by institutional aspects and data base through analysis of current situation and problem of dividing building utilization management and registration. In the meantime, horizontal research on market operational factors has been done to induce the differential factors and consequences. Chapter four presents empirical survey and analysis through investigation of related laws, regulations as well as practical operational procedure. Besides, house-buyers’ questionnaires and in-depth interviews are supplemented as the analysis base. It is hoped that it presents counter proposal for improvement, after uncovering issues and problems of building administrative management operation and building registration. Chapter five: conclusion and recommendation. It sums up the results secured by arguments in this research as follows: （1）standardizing calculation based on utilization license to achieve the unity of building registration and utilization license （2）revising laws and regulations that affect area difference: in other words, measurement, mapping and registration done by the area calculated in accordance with building utilization license. （3）Improving registration of public released information to establish unified model for operation of utilization license and building registration. In conclusion, the findings of this paper can keep public released information of both building management and land administration in line, so that administrative efficiency can be promoted, transaction dispute be reduced and unity of information operation be clearly established. Meanwhile it is intended that this paper can uncover issues and therefore presents recommendations for further study. It is also much hoped that the findings of this research can be useful reference for future policy making.