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

Title:Regulations Governing the Extension of Mortgage Loans by Financial Institutions Open new window for Chinese

Announced Date:June 24, 2010

Date:December 7, 2020

[Print]

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

〈Definitions〉
2. The terms used in the Regulations shall be defined as follows:
  (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) “Mortgage loans” shall include housing loans, land loans and unsold housing 
    unit loans.
  (3) “Housing loans” shall include high-priced housing loans and home loans.
  (4) “High-priced housing loans” shall mean mortgage loans extended by financial 
    institutions to  borrowers for purchasing houses (including the allotted land) 
    of any of the following types where the building ownership certificates 
    thereof contains the word zhu (住, “residential”):
   a. Located in Taipei City with an appraised value or purchase price of NT$70 
    million or more;
   b. Located in New Taipei City with an appraised value or purchase price of NT$60 
    million or more; or
   c. Located in a domestic area other than Taipei City and New Taipei City with an 
    appraised value or purchase price of NT$40 million or more.
  (5)“Home loans” shall mean mortgage loans extended by financial institutions to  
    borrowers for purchasing non-high-priced houses (including the allotted land) 
    where the building ownership certificates thereof contain word zhu
    (住, “residential”).
  (6)“Land loans” shall mean mortgage loans extended by financial institutions to 
    borrowers    for purchasing land lots in a residential or commercial district 
    demarcated in urban plans.
  (7)“Unsold housing unit loans” shall mean mortgage loans extended by financial 
    institutions to  developers and secured by newly built unsold housing units 
    (land allotments included). 
  (8) Developers” shall mean entities engaging in real estate development 
    activities, namely the investment and construction of real estate including 
    land, buildings,and other structures, for sale purposes; or entities engaging 
    in the construction of residential buildings in the building construction 
    industry. 
  (9)“Newly built unsold housing units (land allotments included)” shall mean 
    houses (including the allotted land) built less than five years ago and 
    maintaining the first registration of building ownership. 
  (10)“Borrower” shall mean a natural person or a corporation.

〈Restrictions on housing loans extended to corporations〉
3. When a financial institution processes the application of a corporation for a 
  housing loan, it shall enquire the Joint Credit Information Center (JCIC)  about 
  the applicant’s housing loan records. A housing loan of which the applying 
  corporation has no secured loans backed by a house (including the allotted land) 
  as collateral and of which the purpose is classified as “1” (for real estate 
  purchases) shall be subject to the following restrictions:
 (1) No grace period;
 (2) The maximum loan amount may not exceed 60 percent of the appraised value or
   purchase price of the house (including the allotted land), whichever is lower; 
   and
 (3) The loan amount in the preceding Subparagraph may not be increased by reason of 
   home renovation, working funds, or other purposes. 
  For a corporation that has more than one housing loan, Subparagraphs 1 and 3 of 
  the preceding Paragraph shall apply, and the maximum loan amount may not exceed 50 
  percent of the appraised value  or purchase price of the house (including the 
  allotted land), whichever is lower.

〈Restrictions on housing loans extended to natural persons〉
4. Housing loans extended by a financial institution to natural persons shall be
  subject to the following restrictions:
 (1) High-priced housing loans: The provisions of Paragraph 1 of the preceding 
   Article shall apply.
 (2) Home loans: The financial institution shall enquire the JCIC about the 
   applicant’s housing loan records. In extending a home loan to an applying
   natural person who has more than two housing loans,  Paragraph 1 of the 
   preceding Article shall apply.

〈Restrictions on land loans〉
5. Land loans extended by a financial institution shall be subject to the following 
  restrictions:
 (1) The borrower shall submit a substantive development plan for the land 
   purchased.
 (2) The maximum loan amount may not exceed 65 percent of the acquisition cost or
   appraised value of the land, whichever is lower. 10 percent of the loan may not
   be disbursed until construction begins.
 (3) The loan amount in the preceding Subparagraph may not be increased by reason of 
   working funds or other purposes.

〈Restriction on unsold housing unit loans〉
6. The maximum amount of an unsold housing unit loan extended by a financial 
  institution may not exceed 50 percent of the appraised value of the housing unit.

〈Exceptions〉
7. These Regulations do not apply to mortgage loans extended by financial 
  institutions for reconstruction projects developed pursuant to the Urban Renewal 
  Act, the Statute for Expediting Reconstruction of Urban Unsafe and Old Buildings, 
  or in accordance with government policies.

〈Appraisal〉
8. A financial institution shall conduct the appraisal for mortgage loans in 
  accordance with its internal lending rules and provisions set forth by the 
  competent authority.
  When a financial institution processes an application for the transfer or term
  extension of a loan stated in the preceding Paragraph, the loan amount may not
  be increased through reappraisal.

〈Loan cases approved prior to implementation〉
9. For mortgage loans that have been approved but not yet disbursed on or before
  December 7, 2020, the original terms and conditions of the loans shall apply,
  provided they comply with the provisions prevailing at the time of approval.

〈Reporting and risk management〉
10. A financial institution shall file reports on its mortgage loans periodically 
  in the format set up by the Central Bank of the Republic of China (Taiwan).
  A financial institution shall set up internal risk controls, operating 
  procedures,and other necessary internal rules for conducting mortgage loan 
  businesses. If the lending criteria under the financial institution’s internal 
  rules are stricter than the Regulations, the internal rules shall prevail.
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