According to the Real Estate Brokerage Management Act, when the sale, exchange, leasing, or agency sale of real estate is commissioned to a brokerage or sales agency, the brokerage firm must designate a licensed broker to sign and seal the Real Estate Explanation Document (Property Brochure). The broker is responsible for providing an explanation to the counterparty of the transaction and delivering the document to them. This Real Estate Explanation Document shall be deemed an integral part of the lease or sale agreement. On January 13, 2026, the Ministry of the Interior issued an amendment order adjusting Points 2 and 3 of the “Mandatory and Prohibited Provisions in Real Estate Explanation Documents,” which will officially take effect on April 1, 2026 (the 115th year of the Republic of China). This amendment introduces additional disclosure requirements for transactions involving existing homes and pre-sale houses, aiming to enhance the transparency of real estate transactions and safeguard both transaction security and the consumer’s right to know.
Regarding Existing Home Transactions: The “Mandatory and Prohibited Provisions in Real Estate Explanation Documents” originally required the disclosure of basic information regarding the building and land, the legality of building usage, elevator safety certification, fire safety and barrier-free facility configurations, and whether water and electricity pipelines were updated during the period of ownership. Simultaneously, the management and actual usage status of the building—including leasing, lending, management agreements, and the operation of public funds and management organizations—were already included in the scope of mandatory disclosure to reduce future disputes regarding usage and management. The current amendment further requires the detailed disclosure of the installation status of solar power equipment and the acquisition of Building Energy Efficiency Labeling.
Regarding Pre-sale House Transactions: The “Mandatory and Prohibited Provisions in Real Estate Explanation Documents” originally required the disclosure of building permit details, building material specifications, construction progress, warranty and performance guarantee mechanisms, and the obligation to explain the surrounding environment. This includes the location, scale, and use of construction projects on adjacent sites that have obtained building permits or are under construction, as well as whether there have been flood relief records within a 300-meter radius of the site over the past five years, allowing buyers to assess landscape, sunlight, and disaster risks in advance. The current amendment further requires the detailed disclosure of solar power equipment installation, the presence of radioactive contamination certification, and inspection reports on the chloride ion content in building concrete.
Overall, this amendment makes the Real Estate Explanation Document more comprehensive, pushing transaction information from “formal disclosure” toward “substantive disclosure.” In the future, buyers, sellers, and real estate practitioners should respond early to mitigate legal risks and ensure transaction security.














