依87年內政部營建署完成調查資料顯示國內「老丙建」土地面積多達七千餘公頃,而老丙建本身即為可建築用地,無需要向中央政府申請開發許可,依現行山坡地相關管理規定,起造人依照相關容積、建蔽管制及建築相關規定辦理,即可提出建築執照申請,地方政府亦只能依一般建築執照審查方式處理。 而這些老丙建大部分僅經過初步整地,一般而言都未有完善水土保持設施及未留設足夠之公共設施、公共設備,且現今法令上並無相關公共設施、公共設備補救設置規定,故針對老丙建於中央及地方政府執行上形同失落空間,致阻礙地區人口、資源、經濟活動、生活、教育等發展。又老丙建因非屬擬定計畫型開發,故在後續開發建築施工及使用階段衍生公共設施、公共設備無明確留設法令依據,嚴重影響社區居民之生活居住品質,經由本研究之成果,可對於非都市住宅社區公共設施留設提出依合理可行之建議,以作為中央修法之參考。
According to the investigation made by Construction and Planning Agency of Ministry of Interior in 1998, the areas of old-type-C building lands in Taiwan are more than 7000 hectares. However, old-type-C building lands are born to be built constructions, so it is not necessary to apply building permission from the central government. With the present relevant land hill-regulations, the applicants are able to apply for construction of the buildings under the legal floor area ratio, legal building coverage ratio and other relative rules. What the local governments can do is just to preview these licenses just the same as the normal building licenses. But most of these old-type-C building lands are only done with some easy measures to smooth the lands. In general, neither adequate facilities of soil and water conservation nor efficient public facilities are made in these areas. At the same time, there are no rules or measures to compensate for these existing phenomena. The old-type-C building lands are just like lost lands, which no one can deal with. It also deters the developments of population growth, resources distribution, economic activities, and education environments. And the old-type C building lands are not planning developments. There are no laws to direct the ways to offer the public works growing in the building life cycle, which seriously damages the living-qualities of those inhabitants. By the results of the research, the reasonable and feasible suggestions are proposed in order to establish the public facilities, which can be references to amend the law by the central government.