Regulations for the Registration and Supplement of Historical Structures
1.中華民國八十九年十月二十六日行政院文化建設委員會(89)文建壹字 第 10023973 號令訂定發布全文 13 條;並自發布日起施行 2.中華民國九十五年一月十二日行政院文化建設委員會文中二字第 09420 57074 號令修正發布名稱及全文 9 條;並自發布日施行 (原名稱:歷史建築登錄及輔助辦法;新名稱:歷史建築登錄廢止審查 及輔助辦法) 3.中華民國一百零六年七月二十七日文化部文授資局綜字第 10630078941 號令修正發布名稱及全文 10 條;並自發布日施行 (原名稱:歷史建築登錄廢止審查及輔助辦法;新名稱:歷史建築紀念 建築登錄廢止審查及輔助辦法) 4.中華民國一百零八年八月二十二日文化部文授資局蹟字第 10830072341 號令修正發布第 4、6 條條文 5.中華民國一百十年十一月二十三日文化部文授資局蹟字第 11030126622 號令修正發布第 2、4 條條文;並增訂第 2-1 條條文 6.中華民國一百十四年八月十九日文化部文授資局蹟字第 11430083071 號令修正發布第 6 條條文
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These Regulations have been prescribed according to Paragraph 2, Article 27-1 of the Cultural Heritage Preservation Law.
1When registering Historical structures, the following items should be considered:
21.how long ago the date of construction was;
32.the historical and cultural significance, which must be sufficient enough to be representation of an era;
43.whether it manifests regional qualities or folk art qualities;
54.whether it is rare and difficult to recreate;
65.whether it has any significance in architecture history and has reuse value and potential.
7The competent authority of special-municipality, county or city government may add additional standards according to the characteristics of their particular areas.
The competent authority of the special-municipality, county or city government shall, on its own initiative, or at the request of individuals or groups, conduct surveys of Historical Structures which is in compliance with the previous standards.
1The Historical Structure survey referred to in the preceding Article shall include filling in a survey form detailing the following items (attaching explanatory pictures):
21.name and classification;
32.date of construction, characteristics, and current condition;
43.address or location, boundary, lot number of the land affixed and size of the area;
54.the names and home (residence) address of those who own, manage, or possess the structure. If a juristic person or a group with a manager or representative owns the structure, its name, office, or place of business, and the name and home (residence) address of the manager or representative shall also be provided.
65.suggested methods and reasons for handling the matter;
76.other matters that should be surveyed.
8The formality of the survey form outlined above shall be prescribed by the competent authority at central government level.
1In order to handle Historical Structure registration investigations, competent authority of the special-municipality, county or city government shall establish a Historical Structure Investigation Committee. This committee shall consist of representatives from local competent authority, scholars and experts, representatives from local academic institutions, and impartial members of society. Representatives from local competent authority shall not make up more than one-third of the total members of the committee. The committee's organization and meetings shall be set by local competent authority, and sent to the competent authority at central government level for recordation.
2When the committee convenes investigation meetings, it shall invite the owner, manager, or possessor of the Historical Structure to attend the meeting absent the power to vote. When necessary, the committee shall also hold public hearing meetings.
1Competent authority of the special-municipality, county or city government shall register the Historical Structures that pass review and investigation. Such registration shall include the following items (attaching explanatory pictures):
21.name and classification;
32.date of construction, characteristics, and current condition;
43.reasons for registration;
54.address or location, scope, lot number of the land affixed, and the size of the area;
65.the names, home (residence) addresses, and the number of their identification card. If a juristic person, a group that has manager or representative owns the land, its name, office, or place of business, and the name, date of birth, home (residence) address, and number of the identification card of the manager or representative shall also be provided.
76.Zoning of the land or set categories of use, and the surrounding environment situation and conditions of use;
87.the key matters concerning protection of the structure;
9
1When the competent authority of the special-municipality, county or city government governing bodies registers Historical Structures, it shall publicly announce the same; it shall also notify the owner of the land where the Historical Structure affixed, its manager, and the persons possessing it.
2The public announcement mentioned above shall include the following items:
31.name and classification;
42.address or location, boundary, lot number of the land affixed, and area;
53.reasons for registration;
64.date of registration and registration number;
7The public announcement referred to in the first paragraph shall be posted on all the announcement boards of relevant competent authorities for thirty days, and published in their public announcement or local newspaper. When necessary, the announcement should also be published on the web. When published in a newspaper, the publication should run for at least three days.
1After a Historical Structure has been registered with competent authority at central government level and declared as a "historical site, its original registration with municipal … will be terminated" is registered, if it has been declared a historical site, the competent authority of the special-municipality, county or city government shall abolish the Historic Structure registration and states the reason thereof. Structures that lose their historical values should have their registrations annulled; the decision of annulment shall be made by the Historical Structures Investigation Committee after review and investigation.
2The competent authority of the special-municipality, county or city government that annul a Historical Structure's registration according to the preceding paragraph shall do so in accordance with the standards set in the preceding Article.
The competent authority of the special-municipality, county or city government, after registering or annulling the registration of a Historical Structure, shall submit all the information listed in Article 6 and send it by mail to the competent authority at the central government level for recordation.
When necessary, the competent authority of the special-municipality, county or city government shall review and amend the laws and regulations in relation to the regional planning and the urban planning or draft a concert maintenance plan in order to aid in the protection, management, and reuse of previously registered Historical Structures.
In order to help the competent authority of the special-municipality, county or city government manage Historical Structure surveys and registration, competent authority at the central government level shall establish a historical structure database.
1Competent authority at the central government level, in order to assist the competent authority of the special-municipality, county or city government in managing the registration of Historical Structures, should adopt the following measures:
21.subsidize Historical Structure survey and registration expenses;
32.subsidize Historical Structure preservation, management, and reuse design expenses.
43.provide related technological consultation and information for preservation, management, and reuse of Historical Structure.
These Regulations shall become effective on the date of promulgation.