由東星大樓都更案之困擾探討F銀行在尚華仁愛大樓成功都更案之事例研究

Abstract

依行政院核定之都市更新產業行動計畫資料所示，國內30年以上老舊住宅 未來30年內能透過都市更新完成重建，預估將可增加營造業及關連產業約7兆 2,672億元之產值，平均每年增加約2,422億元產值，已成為金融機構的明星重點業務，惟許多都更案常在整合階段即面臨推行不易、耗時冗長甚至胎死腹中；此外，由住戶籌組之更新會不像一般開發商或建商具有一定財力，於都更先期階段就面臨前置作業費用等資金籌措的困境而難以再進行，就算整合完成並申請行政程序，由於產權複雜且地主人數眾多，面對龐大重建資金，一般金融機構未能深入瞭解，即以風險太高而婉拒融資。因921地震而倒塌之臺北市東星大樓直至今日﹙100年3月﹚全棟建物權狀尚未核發也尚未結案，相較目前獲得F銀行百分百融資之臺北市尚華仁愛自力都更案實有天地之別；有鑑於此，本研究以自組更新團體推動都市更新﹙下稱自力都更﹚為研究方向，透過文獻探討、專家訪談、與個案分析等方式，提出F銀行推動自力都更業務之成功關鍵因素為何，並提供其他金融業者瞭解都更程序，洞悉都更風險所在並掌握債權確保方式，進而協助政府推動都市更新，創造政府、業者﹙住戶﹚及銀行三贏的局面。 本研究以東星案之困擾帶出尚華案56位住戶自組都市更新會，歷經十年的努力、不斷協商及溝通，才能以「坪數不縮水、住戶不用多花錢」為目標成功推動自力都更，並成為首宗都市更新獲得F銀行「百分百融資」之個案，掀起輿論重視並帶動都更熱潮，建立更新會與專業銀行的整體融資架構，才有都更成功機會。 何以F銀行能創金融機構先例提供百分百融資，其成功關鍵因素有四：1. 未來價值代替預估成本2.可分債之連合借款觀念的突破3.發揮銀行公信力及董事會支持4.都更重建業務一條龍服務：a.協助整合：保管信託、前置作業費用貸款b.融資規劃：房貸、重建費用c.財產獨立：產權及資金信託、建經管理d.產權分配：餘屋銷售、產權返還e.續建機制的建立。以整體面分析尚華案其成功關鍵因素有四大環節：1.整合面：全體住戶的共識與支持；2.專業團隊：運用專業爭取到高額的獎勵容積；3.資金面：取得F銀行百分百融資；4.政府面：主管機關的協助。從東星案重建過程之困擾與尚華案之成功都更，可知自力都更必須具備：1.住戶整合2.資金融通3.專業團隊4.政府協助，方能順利更新重建。

The “Urban Renewal Industrial Action Plan” approved by the Executive Yuan shows that old residential buildings in Taiwan that are over 30 years of age can be reconstructed through urban renewal projects in the next 30 years. It is estimated that it would bring the construction industry and other related industries an output value of NT$7.2672 trillion, with an average annual increase of NT$242.2 billion; this has already been considered as a key business for many financial institutions. However, many urban renewal projects encountered obstacles during the integration stage, preventing them from being carried out; sometimes they were forced to be discarded before they were even started due to prolong waiting period. Moreover, unlike construction companies or development companies, urban renewal committees organized by residents often did not possess enough financial support; the residents confronted difficulties in collecting funds such as advanced preparation financing, and as a result were unable to proceed with the renewal. Even when the integration process was completed, and administrative applications were filed, due to the fact that the property rights were usually complicated, and involved too many land owners, most financial institutions would refuse to provide financing without having a thorough understanding of the case, saying that the risk was too high. Even now (March 2011), the verification of building ownership of the Tung-Hsin building that collapsed during the 921 Earthquake still has not been released, and the case has not come to a conclusion yet. This is significantly different from the result of the self-supported urban renewal of the Shanghua-Renai Building which has gained 100 percent financing from the F Bank. Therefore, this study focuses on cases of urban renewal that are facilitated by self-supported urban renewal committees (hereafter referred to as "self-supported urban renewal"). Through reference analysis, interviews with experts, and case studies, the key factors for F Bank's success in promoting self-supported urban renewal will be discussed. This would also help people who work in the financial industry better understand the procedure and risks of urban renewal, and thereby obtaining better control over creditor's rights, which in turn would further help the Government to facilitate urban renewal, creating a triple-win situation for the Government, business sectors (residents), and banks. This research uses the difficulties arose in the Tung-Hsin case to bring out how after 10 years of continuous negotiation and communication, the self-supported urban renewal committee organized by 56 residents in the Shanghua building successfully achieved their goal of an urban renewal that guarantees “housing area unshrinking at no extra costs,” becoming the first urban renewal project supported by the F Bank. This example received much attention from the public, and pushes forward the trend of urban renewal. An overall financing structure between urban renewal committees and professional banks were formed, and therefore it is possible for urban renewal to be successful. There are 4 major reasons why the F Bank could be the first bank to provide 100 percent financing: 1. Future value to replace estimated costs. 2. A breakthrough on the concept of syndicated loans for divisible debt. 3. Exertion of the bank's public credibility and the board of directors’ supports. 4. Urban Renewal— Dragon Project: a) Help promoting integration: trust storage, and credit extension for advanced preparation costs. b) Financing planning: housing loan and reconstruction costs. c) Independent properties: trusts of property rights and capital, and construction management. d) Distribution of property rights: selling unsold housing units, and returning property rights. e) Establishment of a mechanism for continued construction. There are 4 key factors that lead to the success of the Shanghua case: 1. Integration: supported and agreed by all residents. 2. A professional team: using expertise to strive for a high floor area ratio preference. 3. Funding: obtaining 100 percent financing from the F Bank. 4. Government: assistance from the Authority. Looking at the difficulties that arose in the Tung-Hsin case and the success of the Shanghua case, it is clear that to have a successful self-supported urban renewal required the following: 1. Integration among the residents. 2. Financing. 3. A professional team. 4. Governmental assistance.