Abstract
Housing rights simultaneously embody the characteristics of civil, environmental, and social rights. From a social rights perspective, these rights, involving significant state financial investment, are often referred to as the right to survival that relies on state finances. It is a natural conclusion that alleviating floor area ratio restrictions to attract market funding while reducing the state’s financial burden is an effective way to supply rental housing and similar facilities. As society transitions into a shrinking one, significant concerns arise about the current generation’s consideration of future generations. In this context, uniform mass production and consumption-based developmental strategies are no longer valid or practical. Supply-oriented housing development can deprive future generations of developmental opportunities, severely undermining their housing rights. Current generations exploiting the floor area ratio may diminish development profitability for future generations, ultimately rendering development unfeasible. This is where the floor area ratio becomes a point of contention between current and future generations. The Transfer of Development Rights(‘TDR’) system enables landowners who cannot fully utilize their floor area ratio to transfer their “unused” floor area ratio to a third party, allowing that party to pursue high-density development. The TDR system is crucial for fostering equity between current and future generations while maintaining the total of overall floor area ratio. Moreover, it holds significant value in realizing housing rights within today’s shrinking society.
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