《文化資產保存法》修法擴大容積移轉範圍 苗栗縣試辦代金收購道路

《文化資產保存法》修法後，將容積移轉擴大至經主管機關公告之私有古蹟、歷史建築及紀念建築。（示意圖、記者楊心慧攝）

過去許多被指定為歷史建築或紀念建築的私有建物，地主常面臨「房子不能拆、土地不能充分開發，卻缺乏合理補償」的困境。如今隨著中央修正發布《古蹟歷史建築紀念建築土地容積移轉辦法》，未來私有歷史建築、紀念建築地主，也能比照古蹟申請容積移轉，讓文資保存與財產權保障取得更大平衡。

本次修法依據《文化資產保存法》第41條辦理，正式將容積移轉適用對象，由過去僅限「古蹟」，擴大至經主管機關公告之私有古蹟、歷史建築及紀念建築。

地主原本依法可建築、但因文資保存而無法使用的剩餘容積，可依法申請移轉至其他可建築土地，不僅提高文化資產土地價值，也增加民間保存文化資產的意願。

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Miaoli County Government stated that many old houses and historical buildings have long carried local memories, but landowners often have to bear the maintenance costs themselves without being able to renovate or develop, easily causing conflicts between preservation and rights. After this amendment, through the TDR mechanism, landowners can convert restricted development rights into actual value, making cultural preservation no longer a burden but able to balance public interest and private property rights.

Miaoli County Government's Department of Industrial Development, after amending some articles of the "Miaoli County Urban Planning Transferable Development Rights Permit Review Standards" on December 31, 2024, has gradually promoted the TDR through "payment of fees" (valued at market price). As of May this year, several cases have been applied for, including Miaoli City, Toufen City, Zhunan Town, and Gongguan Township. One case has obtained formal approval, and two cases have obtained preliminary approval. The remaining cases are still under review and processing, indicating that the new system is gradually being accepted by landowners and the market, and has a limited impact on the real estate market.

The Department of Industrial Development pointed out that according to the "Urban Planning Transferable Development Rights Implementation Regulations" formulated by the central government, the fees for TDR should be prioritized for the acquisition of public facility reserves within the same urban plan.

Miaoli County plans to pilot the use of TDR fees collected before the 2025 fiscal year in the second half of this year to purchase "developed but un-acquired roads" in the Miaoli Urban Plan and Zhunan-Toufen Urban Plan areas. This will not only alleviate the long-term burden on the public for private road access but also help improve road quality and the completeness of public facilities, creating a win-win situation for cultural heritage preservation, public rights, and urban development.

The Department of Industrial Development reminds that TDR is generally limited to urban land within the same major plan area. When applying, a management and maintenance plan approved by the competent authority must also be submitted. If the cultural heritage building is already damaged, a restoration and reuse plan must be submitted to ensure that the cultural heritage is properly preserved and revitalized.