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Laws and Regulations Database of the Central Bank of the Republic of China-Article Content

Title:Regulations Governing Home Mortgage Loans and Land Loans extended by Financial Institutions Open new window for Chinese

Announced Date:June 24, 2010

Date:Amended on June 21, 2012; effective from June 22, 2012

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〈Basis〉
1.This Regulations are promulgated pursuant to Articles 28, 29 and 31 of The 
 Central Bank of the Republic of China(Taiwan)Act and Paragraph 2, Article 37 
 and Article 40 of the Banking Act of the Republic of China.

〈Definitions〉
2.The terms used in these Regulations shall have the following meanings: 
 (1)"Financial institutions" shall include domestic banks, branches of foreign banks in Taiwan,
   credit cooperatives, Agricultural Bank of Taiwan, credit departments of farmers’ 
   associations, credit departments of fishermen's associations, Chunghwa Post Co., Ltd.,and
   insurance companies.
 (2)"Specific areas" shall include Taipei City and 13 districts in New Taipei City covering 
   Banciao District, Sanchong District, Jhonghe District, Yonghe District, Sinjhuang District,
   Xindian District, Tucheng District, Lujhou District, Shulin District, Sijhih District,
   Sansia District, Linkou district and Danshuei District.
 (3)"Housing loan" shall mean a mortgage extended by a financial institution to a borrower 
   for purchasing a house (land included) located in specific areas where the title deed of 
   the house contains the wording "residential".
 (4)"High-priced housing loan” shall mean a mortgage extended by a financial institution to
   a borrower for purchasing a house (land included) meeting any of the following criteria 
   where the title deed of the house contains the wording “residential”: a. The house is 
   located in Taipei City or New Taipei City with an appraised value or purchase price of 
   NT$80 million or more; orb. The house is located in an area within Taiwan other than 
   Taipei City and New Taipei City with an appraised value or purchase price of NT$50 
   million or more.
 (5)"Home Mortgage loan” shall mean housing loan and high-priced housing loan.
 (6)"Land loan" shall mean a loan extended by a financial institution to a borrowers that is 
   secured by land in a residential district or a commercial district designated under urban 
   planning.
 (7)“Borrower” shall mean individuals and corporate body.

〈Regulations on Housing Loans〉
3.Before extending a housing loan to an individual, the financial institutions should make 
 inquiry with the Joint Credit Information Center (hereinafter the   “JCIC”) on the loan 
 applicant. If the loan applicant already has one or more loans secured on his/her house 
 (land included) and the secured loan has a classification code of "1" (real estate purchase), 
 the terms of the loan for the applicant shall be subject to the following restrictions:
 (1) No grace period is allowed;
 (2)The maximum loan-to-appraised value ratio shall not exceed 60 percent.
 (3)The loan amount mentioned in the preceding subparagraph may not be increased for reasons 
  of home renovation obtaining, working fund or for any other purposes.
 The conditions for housing loans extended by a financial institution to corporate body shall 
 be subject to the provisions set forth in the Subparagraphs of the preceding Paragraph.

〈Regulations on High-priced Housing Loans〉
4.The conditions for high-priced housing loans extended by a financial institution shall be 
 subject to the following restrictions:
 (1)No grace period is allowed;
 (2)The maximum amount of loan shall not exceed 60 percent of the house’s appraised value or
   its transaction price, whichever is lower.
 (3)The loan amount mentioned in the preceding subparagraph may not be increased for reasons 
   of home renovation obtaining, working fund or for any other purposes.

〈Restrictions on Land Loans and exceptions〉
5. The conditions for land loan extended by a financial institution shall be subject
  to the following restrictions:
  (1) The financial institution may not accept land as security for a land loan if 
    the borrower has not submitted a concrete construction plan for the land.
  (2) The maximum amount of loan shall not exceed 65 percent of the land acquisition
    cost or its appraised value, whichever is lower and 10 percent of the extended
    loan shall not be disbursed until the borrower has commenced construction. 
  (3) The loan amount mentioned in the preceding subparagraph may not be increased 
    for reasons of working fund or other purposes.
  The provision of holding 10 percent of the loan until the borrower has commenced
  construction mentioned in Subparagraph 2 of the preceding Paragraph does not apply
  to the following circumstances:
  (1) The land is associated with an urban renewal project approved by the competent
    authorities; or 
  (2) The land is associated with a government or self-initiated land consolidation
    project already approved by the competent authorities but not yet completed.
  If the borrower who is not involved in investing or purchasing real estate or house 
  construction applies for a land loan as working fund for regular business operation, such 
  loan is not subject to the restrictions set out in Paragraph 1 hereof, provided the 
  borrower  has submitted a concrete operational plan.

〈Appraisal〉
6.Financial institutions shall conduct the appraisal for home mortgage loans and land loans in
 accordance with its internal lending rules and the provisions set forth by the competent 
 authority.

〈Exemption〉
7.Housing loans and land loans that have already been approved by the financial institutions 
 but not yet disbursed on or before December 30, 2010 may be processed according to the 
 original loan terms, without being subject to the restrictions under the Regulations. The 
 same provision applies to high-priced housing loans that have been approved by the financial 
 institutions but not yet disbursed on or before June 21, 2012.

〈Reporting and Risk Control〉
8.Financial institutions shall file reports on their home mortgage loans and land loans books 
 periodically in accordance with the form set forth by the Bank.Financial institutions shall 
 set out internal risk control, operating procedures and other necessary internal rules for 
 their home mortgage loan and land loan business. If the lending criteria of a financial 
 institution according to its internal rules are stricter than these Regulations, the 
 financial institution shall extend loans in accordance with its internal rules.

〈Application〉
9. The provisions in the preceding four Directions shall apply mutatis mutandis
  to short-term notes and bills business of bills finance companies where the 
  issued short-term note or bill is secured by land in the residential district
  or the commercial district designated in urban planning.
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