Home Renovation Permits: Is Your Building ‘Publicly Accessible’?

Mr. Zhang, a resident on the 10th floor, simply wanted to remove the partition wall between his study and living room to create a popular open-concept space. He believed that since he was renovating ‘inside his own home,’ it was purely a matter of personal freedom. To his surprise, the building management immediately intervened, demanding he obtain an ‘interior renovation permit’ before proceeding. Mr. Zhang was bewildered: ‘My home isn’t a KTV or a movie theater, who is the ‘public’ here? Why should they interfere?’

Meanwhile, Mrs. Lin, living on the 4th floor of an apartment building in a different district, had just completed a renovation converting a three-bedroom unit into a two-bedroom. No one approached her, and she hadn’t even heard of an ‘interior renovation permit.’ Why the vastly different treatment for what seems like the same act of altering partitions? Does the law have a double standard?

These seemingly unfair discrepancies stem from a legal keyword that new homeowners often misunderstand: ‘building for public use.’ This term is the first hurdle in determining whether your home renovation requires ‘strict regulation’ and is the core definition the law uses to balance ‘personal freedom’ with ‘collective safety.’ This article will thoroughly clarify the true meaning of this term and how it dictates your ‘interior renovation permit application requirements.’

The Challenge of ‘Public Use’: Why Intuition Fails to Measure Renovation Permit Needs

When we hear the word ‘public,’ we instinctively think of places ‘open to an unspecified audience.’ This leads homeowners into a significant cognitive blind spot when assessing their own renovations, causing them to underestimate the strictness of the regulations.

The Paradox of ‘My Home is Private’: Misinterpreting the Literal Meaning of ‘Public’

The biggest misconception homeowners have is equating ‘public’ with ‘commercial.’ In their view, bustling commercial establishments like Shin Kong Mitsukoshi, Cash Box KTV, or Starbucks are ‘publicly used.’ However, ‘my home’ is a private domain; once the door is locked, only family members can enter. How could it be a ‘public’ place?

This cognitive paradox causes homeowners to strongly resist when faced with interior renovation permit requirements. They perceive it as unreasonable interference, failing to realize that the Building Act’s definition of ‘public’ has never focused on ‘openness’ but rather on ‘risk density.’

Overlooked Risks: In ‘Public Use’ for Multi-Unit Dwellings, ‘Neighbors Are the Public’

The true logic of the law is this: when you live in a high-density ‘multi-unit dwelling’ (apartments/condominiums), your ‘neighbors’ are the ‘public’ your renovation activities must protect. Any improper construction within your own unit poses a risk that can ‘spill over’ to all residents in the building.

For example, a fire in a 15-story community building in New Taipei City in 2019, though originating on the 3rd floor, saw smoke rapidly ascend to the 12th floor because residents had unauthorizedly damaged ‘fire compartmentation’ during renovations (such as breaching utility shafts or replacing fire doors with non-compliant ones), leading to severe casualties. In this case, the 3rd-floor resident’s ‘personal renovation’ directly compromised the ‘public safety’ of the 12th-floor residents. Therefore, the law must manage such high-risk residences as if they were ‘for public use’ with strict oversight.

How ‘Public Use’ Rewrites the Rules: The Roles of ‘H-2 Residential’ and ‘Floor Level’

Since the law doesn’t look at ‘openness,’ what standard does it use to determine if your home is ‘for public use’? The answer is hidden in your home’s ‘ID card’ (Occupancy Permit), determined jointly by the ‘Building Use Category’ and ‘Floor Level’ – two key elements.

Core Element: ‘Building Use Category’ – What ‘Class’ Is Your Building?

The Building Act classifies all buildings based on their intended use and risk level. You must first know which category your building falls into:

• Class A (Assembly): Stadiums, museums, etc. (Extremely high risk)
• Class B (Business): Shopping malls (B-2), restaurants (B-3), KTVs (B-1), etc. (High risk)
• Class F (Educational/Medical): Schools (F-3), hospitals (F-1), etc. (High risk)
• Class H (Residential/Lodging):
  • Class H-1: Hotels, dormitories, etc.
  • Class H-2: Residences, multi-unit dwellings. (This is ‘my home’ for 99% of people)

Clearly, the vast majority of homes fall into the relatively lower-risk ‘Class H-2.’

Key Element: How ‘Floor Level’ Turns an H-2 Residence into ‘Public Use’

Since Class H-2 has a lower risk, why was Mr. Zhang on the 10th floor subject to strict regulations? This is where the ‘floor level’ plays a crucial role. According to Article 5 of the Building Act, any H-2 residential building that is ‘six stories or higher’ is ‘deemed’ to be a building for public use.

This is the legal truth behind the entire situation:

• Mr. Zhang on the 10th floor: His home is in a 10-story multi-unit dwelling. Floor level > 6 stories. Therefore, legally, his home ‘is’ a building for public use (H-2).
• Mrs. Lin on the 4th floor: Her home is in a 4-story apartment building. Floor level ‘is not’ a building for public use.

This explains why Mr. Zhang needed to apply for a strict ‘interior renovation permit,’ while Mrs. Lin only needed to comply with more lenient regulations (such as ‘simplified renovation,’ which we will detail in a future article).

Beyond ‘Intuition’: Two New Coordinates for Determining ‘Public Use’

As a homeowner, you don’t need to memorize legal statutes. You only need to learn to use two tools to accurately determine if your home falls within the scope of ‘public use’ in under 10 minutes.

Core Indicator: Obtain the ‘Occupancy Permit’

This is your home’s ‘official ID’ and the ultimate basis for any determination. You can request it from the local building administration department or obtain it through a real estate agent or scrivener. Once you have this A4 document, you only need to look at two fields:

1. ‘Use Category’ field: Is it marked as ‘H-2’?
2. ‘Number of Stories’ or ‘Summary’ field: Is the above-ground floor count ‘six’ or more?

If both answers are ‘Yes,’ then congratulations, your property is 100% considered a ‘building for public use.’

Auxiliary Indicator: The Quick Assessment Dashboard

If you cannot access the occupancy permit immediately, this dashboard can help you determine your ‘interior renovation permit application requirements’ with 99% accuracy:

• Your Building Condition (H-2 Residence)
  • 6 stories or higher (e.g., elevator buildings, apartments)
  • 5 stories or lower (e.g., older apartments, townhouses)
  • Any floor
• Your Renovation Activity
  • Involves moving walls / altering ceilings
  • Involves moving walls / altering ceilings
  • Does NOT involve moving walls / altering ceilings (e.g., painting, built-in cabinets)
• Is it ‘For Public Use’?
  • Yes
  • No
  • –
• Permit Required?
  • Yes (Permit Required)
  • Yes (Simplified Permit Applies)
  • No (Exempt)

The Future of ‘Public Use’: A Choice Between ‘Personal Freedom’ and ‘Collective Safety’

The legal definition of ‘public use’ was never intended to restrict your interior design style. Instead, it aims to uphold the ‘collective safety’ of all residents while you pursue your ‘personal living freedom.’

You can choose to let your intuitive belief that ‘my home isn’t a public place’ override the law, accepting the responsibility for any risk overflow. Alternatively, you can choose to understand and respect this definition, recognizing that ‘my neighbors are the public,’ and ensure your and your neighbors’ shared living safety through the legal application process.

Your choice determines whether your home is merely a dwelling with ‘personal aesthetics’ or a legitimate asset that also ensures ‘public safety.’