Key Takeaways – Taiwan Supreme Court Extends Statutory Right of First Refusal to Holders of De Facto Disposal Rights
Unregistered Buildings Are Not the Same as Illegal Structures: Buildings that have not undergone the initial building ownership registration ("building preservation registration") should not be confused with illegal structures.
De Facto Disposal Rights Are Judicially Recognized Property Interests: Under longstanding Taiwanese judicial practice, the transferee of an unregistered building may acquire de facto disposal rights, including the rights to possess, use, derive benefits from, transfer, and commercially deal with the building, notwithstanding the absence of registered ownership.
Supreme Court Broadens the Scope of the Right of First Refusal: In Supreme Court Civil Judgment No. 114 Tai-Shang-1472, the Court held that a holder of de facto disposal rights over an unregistered condominium unit may, by analogy, exercise the statutory right of first refusal when the underlying land is separately sold, despite not being the registered owner of the building.
Promoting Unified Ownership and Efficient Land Use: The ruling advances the legislative objective of integrating ownership of land and buildings, simplifying legal relationships, maximizing the economic value of real property, and reducing future ownership disputes.
A Significant Development in Taiwan Property Law: The decision reflects the Supreme Court's willingness to adopt a functional and purposive interpretation of property law by extending statutory protections to holders of de facto property interests where doing so better serves the legislative purpose of efficient land utilization and legal certainty.