The Ministry of the Interior issued the Nei-Shou-Ying-Geng-1060814077 Circular of October 13, 2017 (hereinafter, the “Circular”) to clarify the scope and restrictions on the setback of a building on a building lot.
According to the Circular, Article 5 of the Rules for Floor Area Ratio Bonus for Dangerous and Decrepit Urban Buildings provides: “…in case of the setback of building with a net distance of over 4 meters in a building lot from a planned road or existing lane or alley, the setback portion should feature a clearance design and an uncovered pedestrian’s passage with a net distance not less than two meters from the borderline of the adjacent land…” Therefore, the uncovered pedestrian’s passage constructed on the setback portion from a planned road or an existing lane or alley shall be open for public access. There is no requirement for the net distance from the borderline of the adjacent land. As for the clearance design of a setback building, there shall not be structures such as underground carpark ramps, floor tiles, top covers, balconies, modeling boards or awnings which impede pedestrian passage. For other matters not provided for under these rules, relevant laws and regulations such as the Construction Law shall govern.