Introduction to the Spatial Planning Act – Implementation Deadline Extended to 2031(Taiwan)

Taiwan's land use regulations were previously scattered across various laws, such as the Regional Planning Act, Urban Planning Act, and National Park Act. Urban and non-urban planning were managed independently, making it challenging to address nationwide needs and resulting in fragmented land use. Additionally, the centralized approach led by national land administration agencies often failed to consider local needs. The authority granted to local governments to expand urban planning zones further exacerbated issues such as land speculation and disputes over land expropriation. Moreover, the previous “current status designation” approach created contradictions where land use was “legal but unreasonable.”
 
To address climate change, demographic shifts, and the issues mentioned above, the Ministry of the Interior (hereinafter referred to as the “MOI”) enacted the Spatial Planning Act (hereinafter referred to as the “Act”). The Act adopts a nationwide approach by establishing a unified national land management framework based on layered planning and guided by the National Spatial Plan. It emphasizes the principle of “appropriate use of appropriate land,” comprehensively reviews land functional zoning, and promotes sustainable national development. This framework addresses the rigidity and lack of integration in previous planning systems.
 
The Act came into effect on May 1, 2016. Following its enactment, the MOI announced the National Spatial Plan on April 30, 2018. In accordance with Article 45, paragraph 2 of the Act, municipalities and counties (cities) were required to announce their respective spatial plans by April 30, 2021. Within four years of the implementation of spatial plans (by April 30, 2025), municipalities and counties (cities) must draft and publish their functional zone maps. Once these maps are published, land use will be regulated under the Act, and the Regional Planning Act will no longer be applicable.
 
However, due to continuing debates regarding the Act’s implementation and related measures, the Legislative Yuan amended Article 45, paragraph 2 of the Act on December 31, 2024, extending the deadline for municipalities and counties (cities) to draft and announce the functional zone maps by six years—within ten years after the implementation of their spatial plans (by April 30, 2031). This extension means that land use will continue to be regulated under the Regional Planning Act.
 
The key changes and impacts of the Act are summarized below:
 
1. Unified and Integrated Land Zoning
Based on the needs for conservation, utilization, and management, national land is divided into four main categories: Environmental Conservation Zones, Marine Resource Zones, Agricultural Development Zones, and Urban-Rural Development Zones. Each category is further subdivided, with specific usage and intensity guidelines tailored to its characteristics, ensuring clear land-use objectives and achieving the goal of “appropriate use of appropriate land.”
 
2. Adjustment of Management Authority
The MOI establishes the principles for land use zoning while granting local governments greater autonomy. This allows municipalities and counties (cities) to develop land management rules based on their specific needs, which are subject to approval by the MOI.
 
3. Land Use Change and Review Mechanisms
According to Article 15 of the Act, after the implementation of the National Spatial Plan, municipalities and counties (cities) must review their spatial plans every five years, while the MOI must review the National Spatial Plan every ten years to make necessary adjustments. However, statutory exceptional circumstances, such as national defense, important public facilities, or public utility projects, may necessitate timely reviews and adjustments.
 
4. Protection of Existing Legal Rights
As mentioned earlier, once municipalities and counties (cities) publicly post the functional zone maps, land use will be governed by the Act. Under Article 32 of the Act, existing legally compliant buildings or facilities that do not comply with the land use regulations stipulated under the Act may be repaired but not expanded or rebuilt. When deemed necessary by the competent municipal or county (city) authorities, a change of use or relocation may be ordered within a specified timeframe, with appropriate compensation provided for damages incurred due to such relocation. Additionally, if existing legally constructible land is reclassified as non-constructible land in accordance with the municipal or county (city) spatial plan, the competent municipalities and counties (cities) must provide appropriate compensation for losses incurred.

5. Citizen Litigation Rights
According to Article 34 of the Act, if an applicant for a land use permit violates the Act or any orders established thereunder, and the competent authority fails in its supervisory duties, citizens or public interest groups whose rights have been infringed may submit written statements outlining the negligence to the competent authority. If the competent authority fails to take necessary action within sixty days of receiving the written statement, the citizens or public interest groups may file a lawsuit with the Administrative Court, suing the competent authority for negligence in fulfilling its duties.
 
As of December 31, 2024^[1], sixteen subsidiary regulations have been enacted under the Act, including the Enforcement Rules of the Spatial Planning Act, Regulations for the Management and Utilization of the National Land Sustainable Development Fund’s Income and Expenditures, Key Guidelines for the Establishment of the MOI’s National Spatial Planning Review Council, Simplified Methods for Timely Review and Amendment of the National Spatial Plan, Regulations on Whistleblower Rewards for Land Use Violations under the National Spatial Plan, and Allocation of Fines to the National Land Sustainable Development Fund, among others. Another seven regulations, including the Regulations on Land Use Permits and Land Use Control Rules under the National Spatial Plan, have been reviewed by the MOI. The MOI will again examine and adjust all subsidiary regulations to align with the recent amendments to the Act passed by the Legislative Yuan on December 31, 2024, and plans to publish them sequentially in 2025^[2].
 
Given the significant changes to the land use control system under the Act and its far-reaching impacts, many disputes remain regarding land use zoning and related supporting measures. We will continue to monitor the development of related regulations.

[1] https://www.nlma.gov.tw/ch/titlelist/bizupdates/4720 (last visited: 2025/03/03)
[2] https://www.nlma.gov.tw/ch/titlelist/news/16009 (last visited: 2025/03/03)