建築物瑕疵保險商品於台灣市場的可行性研究

目前國外許多大型的保險公司都已經開展了建築物轄疵保險的相關商品。但由於設計的不斷創新、新材料的應用、施工中的設計變更、新式施工方法的採用、法規的更新和壓縮的施工期間，使得建築物出現品質缺陷的風險越來越大。鄰近我國的日本早在2004年就已立法實施住宅品質確保促進法(品確法)明定住宅性能機制必須達到建築基準法法規以上的水準，建造者須承擔法律上的義務，對於所建造的住宅在十年內其基本構造若出現缺陷的情況須負全部責任。因應建築業在風險分攤的考量下，”建築物瑕疵保險商品”因應而生。繼日本後，臨近台灣的中國大陸，也因住房品質糾紛問題頻繁，而開始重視住房瑕疵問題並採取一系列積極立法及有效措施。相較下，台灣地區曾在1997年8月林肯大郡發生擋土牆崩落，造成28人死亡100多人因房屋損壞全毀而無家可歸的事件；再有九二一大地震，震倒東興大樓73人死亡及14人失蹤的慘烈教訓，都是建築物瑕疵所致。因此推行建築物轄疵保險進而提升建築物質量的工作成為刻不容緩的事情。本研究探討建築物瑕疵保險的範疇、各國發展的現況、過去重大案例並加以討論台灣地區所面對的問題。在研究結論上提出一、推動建築物瑕疵保險為強制險。二、參考國際經驗減短推動建築物瑕疵保險的陣痛期。三、建立獨立監工制度完善建築物風險管理制度。

關鍵字

建築物瑕疵保險；瑕疵；獨立監工；完工驗收證明書

並列摘要

Currently many large-scaled foreign insurance companies have developed related Inherent Defect Insurance (IDI) products. Nevertheless, the exposures of quality defects in buildings are increasing due to continuous innovation in design, new materials being applied, design changes in course of construction, new construction methodologies being adopted, revision of building regulation and shortened construction period. Japan, the neighboring country, established Housing Quality Assurance Act in April 2004, which requires essential housing mechanism to be compliance with building codes at least, the builders required to own legal responsibility and to be obliged to the defects of essential structures found within one decade as well. In considering of risk diversification and urged by Construction Industry, IDI was therefore initiated and developed. Following Japan, China, the other neighboring county, began to draft and establish related laws aggressively and take effective precautionary measures sincetheir awareness having been raised to the building defects by frequent and many disputes in housing quality as well In Taiwan area, in August 1997 Lincoln Community retaining walls failed, 28 people were killed and more than one hundred residents were homeless since their houses were completely destroyed. Dongxing Building collapsed in 921 Earthquake, 73 people were and 14 missing. Both lessons-learnt were caused by building defects. Therefore, how to develop and implement IDI in order to enhance building quality is of great urgency. This study is to explore the coverage of IDI, the current IDI development in various countries, major loss records and the problems to be tackled in Taiwan. We conclude three suggestions. First, IDI is suggested as a compulsory insurance. Secondly, to shorten the transition period of promoting IDI is required in order to alleviate the possible suffering when benchmarking global experience. Thirdly, to implement Technical Inspection Services are essential in building risk management.