In the world of real estate transactions, you’ll often hear phrases like, “This penthouse addition was built before 1994, making it an existing illegal structure. The government has it on record and it’s on a ‘delayed demolition’ list, so it’s a guaranteed win!” This sounds reassuring, leading many buyers to mistakenly believe that ‘delayed demolition’ means ‘legally grandfathered in.’ Some even naively think they’ve secured a permanent get-out-of-jail-free card. Consequently, they confidently invest their savings, even large sums, to renovate these illegal structures, anticipating the benefits of extra space.
However, reality can be far harsher than imagined. A single ‘Notice of Violation and Demolition Order’ from the building department, or a neighbor’s call to the city’s complaint line, can shatter this dream of a ‘guaranteed win’ in an instant. When excavators ruthlessly tear down your newly renovated penthouse and balcony, you’ll finally realize: ‘listed’ simply means ‘waiting in line for demolition,’ and ‘delayed demolition’ has never meant ‘won’t be demolished.’
This is the biggest blind spot in understanding illegal structures within the current renovation market. Legally, illegal structures are only categorized as ‘old’ or ‘new’; there’s no such thing as ‘legal.’ All illegal structures are inherently unlawful, with the government’s limited demolition capacity leading to temporary compromises. This final chapter in our series on illegal structures will delve into the true legal meanings of ‘delayed demolition’ and ‘photo listing,’ exposing the risks of ‘immediate demolition upon commencement of work’ that real estate agents often fail to mention, and helping you avoid this costly pitfall in your property transactions and renovation decisions.
Many homeowners gamble on the assumption, “This illegal structure has been here for thirty years; it was fine before, and it will be fine in the future.” This reliance on past experience ignores the variability of administrative regulations and the ‘key buttons’ that trigger demolition.
This is the most common pitfall. While regulations for ‘existing illegal structures’ (e.g., built before 1994 in Taipei, before 2009 in New Taipei) allow for a temporary delay in demolition, there’s an absolute prerequisite: no additions, alterations, or reconstructions are permitted. Many homeowners believe that replacing an old metal roof or swapping out rotten wooden posts for steel frames is merely ‘maintenance.’ However, under legal interpretation, any change to the structural beams, columns, or exterior materials exceeding a certain proportion (usually half) is considered a ‘new illegal structure.’
A tragic case once occurred in Zhonghe District, New Taipei City. Mr. Chen purchased a house with a 30-year-old illegal rooftop addition. Due to a leaky roof, he decided to replace the rusted corrugated metal sheets with high-quality insulation panels and also swapped out the supporting frame. However, he was reported by a neighbor midway through the construction. The building department ruled this as an act of ‘reconstruction,’ instantly transforming the ‘old illegal structure’ that was eligible for delayed demolition into a ‘new illegal structure’ subject to ‘immediate demolition upon reporting.’ Mr. Chen not only lost his renovation costs but also had to pay for the demolition himself, ending up with nothing.
‘Photo listing’ is often misinterpreted as a ‘permit’ issued by the government. In reality, it means: ‘The government is aware of this illegal structure. Although we lack the manpower to demolish it now, we have it on record, and it can be demolished at any time.’ This is merely an administrative management tool, not a guarantee of legal rights. Should the illegal structure catch fire, pose a public safety hazard, or if a new mayor decides to implement a special enforcement campaign (like cracking down on illegal subdivided apartments), these listed structures will be the first targets.
As society’s tolerance for unsafe living conditions decreases, coupled with advancements in technology for enforcement, the space for illegal structures is being drastically reduced. The era of ‘the government doesn’t act unless someone complains’ is over, replaced by widespread public oversight and the constraints of stringent regulations.
Even if your illegal structure meets the government’s delayed demolition criteria, you’re not entirely in the clear. The Condominium Management Act grants significant power to community management committees and co-owners. If the illegal structure occupies the rooftop (a common area), other residents can sue in court to demand its demolition and the return of the land, based on ‘usurpation of common property.’ Court judgments are based on ‘property rights,’ not the administrative ‘delayed demolition period.’ This means that if your neighbors are unhappy, a court order for demolition holds far more weight than the building department’s delayed demolition notice.
The detection of illegal structures no longer relies solely on manual patrols. Various city and county governments have implemented systems that compare historical satellite imagery. If the color or area of your roof changes, the system automatically flags it. Furthermore, during the application process for renovation permits, reviewers compare current site photos with as-built drawings. If they discover illegal structures not indicated on the plans, they often require ‘demolition of the illegal structure before approving the renovation.’ This completely thwarts any plans to ‘conveniently’ address illegal structures while undertaking interior renovations.
When faced with existing illegal structures or upcoming property transactions, how can we rationally assess the risks? The following five metrics form a risk assessment dashboard to help you determine if the illegal structure you possess is an ‘asset’ or a ‘liability.’
| Assessment Dimension | High Risk (Recommend Demolition/Do Not Buy) | Low Risk (Can Be Maintained Temporarily) | Key Decision Point |
|---|---|---|---|
| 1. Construction Date (Timing) | New Illegal Structure (After 1994 in Taipei / After 2009 in New Taipei) | Existing Illegal Structure (with no new construction) | Must review aerial photos to confirm the date; do not rely solely on the owner’s verbal account. |
| 2. Structural Renovation (Renovation) | Involves structural/exterior changes | Only interior painting/waterproofing | If the roof needs replacement, use only ‘non-permanent materials’ and maintain the original size and area (repairs require reporting). |
| 3. Public Safety (Safety) | Blocks escape routes/multiple additions | Does not affect pathways/structurally independent | Structures affecting public safety (e.g., subdivided apartments on rooftops) are Class A illegal structures prioritized for demolition. |
| 4. Neighborhood Relations (Neighborhood) | Strained relations/past disputes | Signed usage agreement/harmonious relations | The persistence of illegal structures often depends on ‘neighbor complaints.’ While usage agreements have some effect, they cannot override public authority. |
| 5. Property Nature (Ownership) | Occupies common areas/fire lanes | Legal open space (subject to building coverage ratio) | Illegal structures occupying fire lanes or legal open spaces involve public interest and have no room for delayed demolition. |
Q: My old rooftop illegal structure has severe leaks. Can I really not repair it at all?
A: Repairs are possible, but with strict limitations.
According to regulations like the ‘Taipei City Regulations for the Handling of Illegal Buildings,’ existing illegal structures needing repair due to age or damage must be carried out within the scope of ‘original scale, original materials, and original height.’ Furthermore, a ‘repair report’ must be filed with the building department beforehand. Proceeding with demolition and reconstruction without prior application, or arbitrarily switching to steel frame structures, will be deemed a new illegal structure and subject to demolition. Be sure to follow the legal reporting procedures.
Q: The real estate agent said this property has a ‘usage agreement,’ so letting me use the rooftop is fine?
A: A usage agreement does not legalize an illegal structure.
A usage agreement is merely a private arrangement among residents (everyone agrees to let you use the rooftop). It might reduce the likelihood of neighbors suing for ‘usurpation,’ but it cannot override government administrative regulations. This means that even if the entire building agrees to your illegal structure, the building department can still classify it as a violation under the ‘Building Act’ and proceed with demolition.
Looking back at Taiwan’s real estate development history, illegal structures were once a silent protest and compromise against insufficient space. However, in today’s increasingly regulated society, illegal structures have transformed from a ‘bonus feature’ into a ‘deduction item’ that can explode at any moment.
‘Delayed demolition’ does not mean legal, and ‘listing’ is certainly not a guarantee. When facing illegal structures, the smartest strategy isn’t to gamble on luck but to recognize reality. When purchasing a home, exclude the area of illegal structures from the valuation. When renovating, refuse to invest costly resources on an illegal foundation. Choosing to embrace legal spaces might mean a few less square feet of usable area, but in return, you gain asset purity, transaction security, and the priceless right to sleep soundly every night without worrying about demolition crews. This is not only a respect for the law but also the most responsible protection for the assets you’ve worked hard to accumulate.
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