Measures of Shenzhen Municipality on the Administration of Underground Space Development and Utilization

Original title: Shenzhen issued the management measures for the development and utilization of underground space to encourage the construction of underground space.

On June 28th, in order to promote the comprehensive and systematic development of underground space, intensively utilize urban space resources, and meet the needs of urban modernization and sustainable development, Shenzhen Municipal Bureau of Justice issued the Administrative Measures for the Development and Utilization of Underground Space in Shenzhen (hereinafter referred to as the "Administrative Measures"), which clearly defined planning management, land use management, construction management and use management. The Administrative Measures shall come into force on August 65438, 2002/KLOC-0.

According to the management measures, underground space is given priority for the construction of urban infrastructure and public service facilities such as transportation, municipal engineering, civil air defense and disaster prevention, and environmental protection; Encourage the construction of commercial, industrial, warehousing, logistics facilities, sports, cultural and other projects in underground space; It is forbidden to build houses, kindergartens (nurseries) living rooms, elderly living rooms and other projects in underground space, as well as ordinary classrooms in primary and secondary schools. Where laws and regulations have provisions on the development and utilization of underground space involving national defense, civil air defense, disaster prevention and mitigation, cultural relics protection, mineral resources, etc., those provisions shall prevail.

The following is the original text:

Order of Shenzhen Municipal People's Government

No.337

The measures for the administration of the development and utilization of underground space in Shenzhen have been considered and adopted at the 259th executive meeting of the sixth Shenzhen Municipal People's Government on April 3, 2002 1 year, and are hereby promulgated and shall come into force as of August1year.

Mayor Qin Weizhong

202 1 June 9, 2008

Measures of Shenzhen Municipality on the Administration of Underground Space Development and Utilization

Chapter I General Principles

Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China and other laws and regulations, combined with the actual situation of this Municipality, in order to strengthen the management of the development and utilization of underground space, promote the comprehensive system development of underground space, and make intensive use of urban space resources to meet the needs of urban modernization and sustainable development.

Article 2 These Measures shall apply to the development and utilization of underground space within the administrative area of this Municipality and its supervision and management.

Where laws and regulations have provisions on the development and utilization of underground space involving national defense, civil air defense, disaster prevention and mitigation, cultural relics protection, mineral resources, etc., those provisions shall prevail.

Article 3 The term "underground space" as mentioned in these Measures refers to the space below the surface, including built underground space and single built underground space. Combined underground space refers to the underground space developed and constructed by the same subject combined with ground buildings. The underground space of single building refers to the underground space independently developed and constructed; The underground space developed by public land such as municipal roads, public green spaces and public squares is regarded as the underground space of single building.

Underground space is developed and utilized in layers, which are divided into shallow, medium and deep layers. In the near future, we should fully develop and utilize the shallow and middle layers, and gradually explore the development and utilization of the deep layers in the long term.

Article 4 The development and utilization of underground space shall follow the principles of unified planning, scientific utilization, giving priority to public welfare, safety and environmental protection.

Fifth underground space is given priority to the construction of urban infrastructure and public service facilities such as transportation, municipal engineering, civil air defense and disaster prevention, and environmental protection.

Encourage the construction of commercial, industrial, warehousing, logistics facilities and sports, cultural and other projects in underground space.

It is forbidden to build houses, kindergartens (nurseries) living rooms, elderly living rooms and other projects in underground space, as well as ordinary classrooms in primary and secondary schools.

Article 6 The competent department of planning and natural resources (hereinafter referred to as the competent department) shall be responsible for the planning and management of underground space development and utilization and the management of construction land within the administrative area of this Municipality.

The competent department of housing construction is responsible for the supervision and management of underground space construction and property management, and is responsible for the fire protection design review, fire protection acceptance filing and spot check of underground space construction projects.

The competent civil air defense department is responsible for the supervision and management of civil air defense affairs related to the development and utilization of underground space.

Departments in charge of development and reform, finance, ecological environment, transportation, rail transit, water affairs and urban management shall, according to their respective responsibilities, do a good job in the management of underground space development and utilization.

Article 7 The municipal and district people's governments shall organize relevant departments to carry out a general survey of underground space, and investigate, monitor and evaluate the natural conditions, utilization status, ownership and restrictive factors of development and utilization of underground space, and the units and individuals involved shall cooperate.

The funds for the basic investigation and resource evaluation of underground space shall be included in the departmental budget management, and the municipal and district financial departments shall co-ordinate and guarantee the relevant capital requirements as required.

Article 8 The municipal competent department shall, jointly with the competent departments of housing construction, civil air defense and urban management. , the establishment of underground space data center, into the underground space basic investigation, planning and construction management, real estate file information, etc. Enter the underground space data center and realize information sharing through the municipal big data resource center.

Ninth municipal departments shall organize the formulation of underground space planning technical specifications and architectural design rules, and implement three-dimensional cadastral management technology. Municipal departments in charge of ecological environment, housing construction, fire protection, rail transit, water affairs, etc. shall organize the formulation of relevant technical specifications for the construction and management of underground space according to their respective responsibilities.

Chapter II Plan Management

Article 10 The municipal competent department shall, jointly with the competent departments of housing construction, transportation, cultural relics and civil air defense, prepare a special plan for the development and utilization of underground space in the whole city, which shall be implemented after being approved by the municipal government. The revision procedure of the special plan for the development and utilization of underground space shall be implemented in accordance with the established procedures.

The special plan for the development and utilization of underground space shall conform to the national economic and social development plan and the overall planning of land and space, and be connected with the special plans for civil air defense, road traffic, rail transit, underground common ditch, underground pipeline, sponge city, construction waste disposal and environmental protection.

The special plan for the development and utilization of underground space shall include the development strategy, overall scale, spatial layout, zoning control, layered utilization and development steps of underground space, delimit the scope of key areas, and put forward requirements for the development and utilization of underground space in coastal waters.

Eleventh municipal departments responsible for organizing the preparation of detailed planning of underground space in key areas, after the approval of the municipal government, as the planning basis for the development and construction of underground space.

Key areas refer to key urban centers and comprehensive transportation hubs at all levels determined by the special plan for the development and utilization of underground space.

The detailed planning of underground space in key areas includes development boundary, development intensity, construction scale, use function, vertical elevation, entrance and exit location, underground public passage location, connection mode, stratification requirements and so on.

The municipal competent department shall, when preparing the detailed planning of underground space in key areas, make clear the mandatory content of planning control, and if the mandatory content of detailed planning of underground space in key areas is modified, it shall be reported to the municipal government for approval; The revision of non-mandatory content must be approved by the municipal competent department. Mandatory content and non-mandatory content shall be implemented in accordance with relevant technical specifications.

Twelfth statutory plans, urban renewal unit planning, land consolidation planning and other regulatory detailed planning levels, planning guidelines should put forward the protection and utilization of underground space outside key areas. For underground space without planning guidance, the municipal competent department shall organize planning research during development and construction, and put forward planning and design conditions for approval by the municipal government as the basis for planning and approval of construction projects.

Involving rail transit projects, in accordance with the relevant provisions of rail transit management.

Article 13 In case of development and construction in key areas of urban underground space, according to the detailed planning of underground space in key areas, the agency of the municipal competent department may independently prepare or require the construction unit to prepare the underground space planning and design scheme of the construction project, and specify the requirements of vertical deep utilization of underground space, layered development control, underground building exit, and connecting passage orientation. The underground space planning and design scheme shall be implemented after being approved by the municipal competent department. The construction underground space project shall be planned and designed together with the ground construction project.

Key areas should give full play to the technical coordination role of the city's chief designer, who is composed of leading designers and technical teams in the fields of planning, architecture and landscape design. When the underground space planning and design scheme is submitted to the municipal competent department for examination and approval, it shall submit the written opinions of the chief designer of the city as an important technical basis for the examination and approval of the municipal competent department.

Fourteenth construction units to develop and utilize underground space shall apply for planning permission according to law. Construction underground space projects should apply for planning permission together with ground construction projects, and single construction underground space projects should apply for planning permission separately, and can go through relevant procedures simultaneously with other projects.

If the right to use underground construction land is obtained by layers, the application for permission of underground space planning shall be handled by layers.

Fifteenth development and utilization of underground space, construction land planning permit shall specify the use function of underground space, horizontal projection control scope, construction scale and other contents.

The construction project planning permit shall specify the horizontal projection construction scope, concession line, vertical elevation, construction area, use function, entrance position, public * * * channel, connecting channel and other contents of underground buildings.

Chapter III Land Use Management

Article 16 The depth and scope of land for underground space construction shall be determined according to meeting the necessary building functions and structural needs.

The establishment and exercise of the right to use underground space construction land shall not harm the legitimate rights and interests of other construction land users and related rights holders.

Seventeenth underground space construction land use rights in accordance with the provisions of the allocation, in accordance with the allocation of supply; Commercial and other business projects, or the same underground space construction land has more than two intentions, should be supplied by tender, auction and listing.

In line with the planning and one of the following circumstances, the right to use underground space construction land can be transferred by agreement:

(a) the right holder of surface construction land applies for the development of underground space within the scope of its construction land, and the underground space is not planned for public welfare projects such as urban infrastructure;

(two) need to pass through the underground connected space of public land such as municipal roads, public green spaces and public squares, or connect two plots with property rights;

(3) Operating underground space independently developed by the competent department of transportation and rail transit in conjunction with other unqualified units, which is attached to public welfare projects such as underground transportation facilities and limited by objective conditions;

(4) Land for underground common ditch facilities, regional traffic, urban roads, rail transit and licensed public facilities as determined by the municipal government;

(five) other circumstances stipulated by laws, regulations and rules and decided by the municipal government.

Transfer the right to use the underground space construction land specified in Item (2) of Paragraph 2 of this Article by agreement. If the underground space is open to the public all day, it will be sold according to the purpose of public acquisition, and a certain proportion of commercial buildings will be allowed to be built, and the land price will be exempted for the purpose of public acquisition; If it cannot be opened to the public all day, it will be sold according to the actual use. If the underground communication channel involves more than two construction units, the ownership of the land use right of the communication channel shall be clearly defined in the contract for the assignment of the construction land use right.

In the case of the second paragraph of this article, the right to use underground space construction land can also be supplied by lease. The lease term shall not exceed ten years, and three months before the lease expires, the owner of the right to use the construction land may apply for renewal as required.

The transfer, lease and mortgage of the right to use underground space construction land shall be carried out in accordance with relevant regulations.

Eighteenth in the process of rail transit project construction, the underground space formed by open-cut construction has independent development conditions, and the land supply mode should be determined according to the planning function of underground space.

Such as the land use right of rail transit (including rolling stock depot, parking lot, rail transit station, etc. ) by tender, auction, listing transfer, the municipal competent department or its agencies can be combined with the views of the competent department of rail transit, the preparation of tender, auction, listing transfer program, and according to the procedures for approval.

Article 19 The supply plan of construction land shall be prepared according to the detailed planning of underground space in key areas, statutory plans, approved planning and design conditions outside key areas and other technical specifications for planning and management, and define the planning conditions such as the location, area, nature of use, development intensity, development period and connectivity requirements of the land, which shall be regarded as an integral part of the allocation decision of the right to use construction land or the transfer contract of the right to use construction land after approval.

Twentieth single building underground space projects, the maximum transfer period of underground construction land use rights shall be determined according to the land use category.

The service life of the construction land of underground space shall not exceed the legal maximum service life corresponding to its land use, and shall not exceed the transfer life of the surface part of the parcel.

Article 21 If the underground space of a single building constructed by open excavation and concealed cover involves surface land, the procedures for temporary land use shall be handled according to law, and the land shall be restored to its original state after development and utilization.

Chapter IV Construction Management

Twenty-second municipal government may designate centralized development areas in key areas of underground space. Centralized development areas should be planned and designed on the ground and underground.

Twenty-third municipal and district people's governments may, according to the needs of their work, designate regional management agencies to carry out centralized development. The management institution shall perform the following duties:

(a) to organize the preparation of the overall planning and design of the centralized development area;

(two) to comprehensively balance the design scheme and project implementation scheme of construction projects in the centralized development area;

(3) Coordination of project implementation;

(four) other matters decided by the municipal and District People's governments.

Article 24 The overall planning and design of centralized development areas shall conform to the statutory planning, detailed planning of underground space in key areas and other upper-level planning, and focus on defining the development scale, spatial layout, connectivity requirements and control requirements of supporting facilities of underground space in centralized development areas; If it is really necessary to adjust the statutory planning or the detailed planning of underground space in key areas, the overall planning and design shall be regarded as the completion of the corresponding planning modification after being reviewed and approved by the municipal government according to the procedures, and shall be incorporated into the planning "one map" management system as the basis for the planning permission of centralized development areas.

Twenty-fifth centralized development areas of the overall planning and design of construction projects, before approval, the construction unit shall be required to submit the written opinions of the city's chief designer, as an important technical basis for approval.

Twenty-sixth centralized development areas of underground construction land use rights can be allocated or transferred separately, can also be allocated or transferred together with the surface construction land use rights. The construction unit shall carry out development and construction in accordance with the overall planning and design.

In addition to the construction methods specified in the preceding paragraph, the government land investment and development management agencies can carry out unified construction of centralized development areas and form civil reserved projects. After the civil reserve project is completed and accepted, it shall be handed over to the land reserve institution for storage, and the land may be supplied in accordance with the provisions of Chapter III of these Measures.

Twenty-seventh rail transit construction should be connected with the construction of plots, roads, underground public tunnels and municipal facilities along the line, and the interface conditions with surrounding projects should be reserved according to the planning requirements, so as to realize the integrated and efficient utilization of above-ground and underground space resources.

The construction unit of urban rail transit project can be used as a unified implementation subject, and the control scope of rail transit planning or other underground construction projects adjacent to rail transit underground facilities can be developed and constructed with the rail transit project as a whole.

In important rail transit hub areas, the municipal competent department can explore the planning and management, land transfer, land price collection, engineering construction and other policies and measures involved in the comprehensive development of station-city integration, and implement them after being reported to the municipal government for approval.

Article 28. The scope of underground construction of underground space based on structure shall not exceed the boundary of the surface. If it needs to be exceeded due to connection with other underground projects or due to public interests and safety protection, it shall meet the requirements of relevant laws, regulations, rules and technical specifications.

Twenty-ninth municipal pipe corridors, rail transit, underground roads and other underground construction projects need to cross the scope of underground space ownership transfer but involve the vital interests of others, the agency of the municipal competent department shall solicit the opinions of interested parties before planning permission; If the interested party has no objection or objection to the underground construction project, but it proves that the construction project meets the requirements of safety and environmental protection, the agency of the municipal competent department may make a decision on granting administrative license according to law, and the agency of the municipal competent department shall announce the demonstration to the interested party before making the decision on permission.

Thirtieth underground space construction shall not endanger the safety of buildings (structures) and facilities adjacent to the ground and underground.

If it is necessary to use adjacent construction land for underground space construction due to traffic, ventilation, power supply, drainage and other reasons, the right holder of adjacent construction land shall provide necessary convenience. The transportation, ventilation, power supply and drainage of the construction unit shall meet the requirements of relevant laws, regulations, rules and technical specifications, so as to avoid causing damage to the adjacent construction land use right holders; If damage is caused, compensation shall be made according to law.

Thirty-first underground space layered development and utilization, should use * * * entrances, vents and drainage facilities. Involving the use of surface construction land obtained by others to build underground space entrances and exits, an easement contract shall be signed with them according to law, and an application for easement registration may be made to the real estate registration agency.

The design of underground space construction project shall meet the requirements of environmental protection, flood control, moisture prevention, drainage, structural safety and facility operation and maintenance of underground space, and the ancillary facilities on the ground shall be concealed.

Thirty-second before the construction of underground space construction projects, the construction unit shall formulate emergency plans and protective measures, inform the relevant property owners or managers, and conduct dynamic monitoring during the construction process.

During the construction of underground space construction projects, the construction unit shall take effective safety protection measures to meet the management requirements of bearing, vibration, pollution and noise in surface space and underground space.

Article 33 According to the plan, if the construction of underground space projects involves underground connection projects, the construction unit, users of underground construction land or users of surface construction land shall fulfill the obligation of underground connection, ensure that the implementation of the connection projects meets the requirements of relevant design specifications such as fire prevention, ventilation and lighting, and ensure that the needs of personnel evacuation and emergency rescue are met.

The first construction unit shall reserve the underground communication engineering interface in accordance with the planning requirements and relevant design specifications, and the subsequent underground communication channel construction shall be undertaken by the later construction unit.

Thirty-fourth in the development and construction of underground space, if the construction unit adds urban infrastructure and public service facilities on the basis of planning, it may give plot ratio transfer or reward, preferential land price, financial reward or tax reduction or exemption according to law. Specific measures shall be formulated by relevant departments and implemented after being approved by the municipal government.

Thirty-fifth after the completion of a single underground space construction project, the construction unit shall apply to the municipal competent department or its dispatched office for planning verification, and submit the completed drawings, completed surveying and mapping reports and other materials. Without planning verification, it shall not be delivered for use. Underground space construction projects with ground buildings shall apply for planning and verification.

After the planning verification is qualified, the municipal competent department or its dispatched office shall timely incorporate relevant data into the underground space data center.

The completion acceptance of underground engineering shall be handled in accordance with relevant regulations.

Thirty-sixth underground construction land use rights and underground buildings (structures) real estate registration, in accordance with the relevant provisions of the real estate registration.

Single underground buildings (structures) can handle the first registration of underground construction land use rights and building (structure) ownership respectively. Building underground buildings (structures) shall be registered for the first time with the above-ground parts for the right to use construction land and the ownership of buildings (structures).

Article 37 The registration of the right to use the underground construction land shall take the parcel as the unit, and the ownership scope of the underground buildings (structures) permitted by the planning shall be subject to the outer scope of the underground buildings (structures) confirmed by the planning verification (excluding the pile foundation).

Thirty-eighth underground space real estate registration shall indicate "underground space" in the register and the certificate of rights, and indicate the purpose according to the planning requirements. The registration of civil air defense projects shall be carried out in accordance with the relevant provisions of civil air defense.

Chapter V Use Management

Article 39 The owner of buildings (structures) and facilities in underground space is the person responsible for the maintenance and management of underground space; If the owners of underground space buildings (structures) and facilities are not clear, the actual users shall bear the responsibility for maintenance and management; If the owner of underground space buildings (structures) and facilities is unclear and there is no actual user, the government will designate a person to be responsible for maintenance and management.

Fortieth maintenance management responsible person shall establish underground space safety use and maintenance management system, emergency plan, and equipped with alarm devices and necessary emergency rescue facilities and equipment in accordance with the provisions.

If there are hidden dangers in the underground space, the person in charge of maintenance and management shall promptly organize rectification to eliminate hidden dangers; If the potential safety hazard is serious, it shall be stopped immediately according to law. When a safety accident occurs in the underground space, the person in charge of maintenance and management shall immediately take emergency rescue measures and report to the relevant departments.

Article 41 During the use of underground space, the safety exits and evacuation passages shall be kept clear, and shall not be closed, locked, partitioned, stacked or blocked.

The safety exits and evacuation passages of underground space shall conform to the safety standards, the evacuation signs shall be obvious, and the emergency lighting facilities shall operate normally.

Article 42 The person in charge of maintenance and management shall, in accordance with the regulations on flood control, find and deal with dangerous situations in time and obey the dispatching instructions of flood control headquarters in flood season. The underground space open to the public should also be equipped with waterproof baffles, sandbags and other materials and equipment.

Article 43 The person in charge of maintenance and management shall be equipped with self-rescue equipment and auxiliary escape facilities in accordance with relevant regulations, and shall not change the fire prevention conditions of underground buildings (structures) without authorization, and shall not affect the safe evacuation of personnel and the normal use of fire control facilities.

Article 44 No unit or individual may engage in the following acts:

(1) Dismantling, transforming or changing the main body and load-bearing structure of underground space without authorization;

(two) to change the prescribed use of underground buildings (structures) without authorization;

(3) illegally producing, storing and selling inflammable, explosive, toxic and radioactive dangerous goods in underground space;

(four) illegal discharge of waste gas into underground space or dumping of domestic garbage, construction garbage and other wastes;

(5) Deliberately damaging all kinds of safety facilities and equipment set in underground space;

(six) other prohibited acts stipulated by laws, regulations and rules.

Article 45 Underground space shall meet the requirements of indoor environmental pollution control standards for civil construction projects, and facilities such as ventilation, smoke exhaust and sewage discharge shall be set up according to the requirements of environmental protection, and the air quality in public places shall meet the hygienic standards for public places.

Forty-sixth people responsible for the maintenance and management of underground space are encouraged to take out underground space-related liability insurance. Insurance companies can implement differentiated rates according to the specific conditions of underground space use management, and promote insurance companies to do risk prevention and control through rate leverage.

Article 47 The owner, user or maintenance manager of underground space combined with peacetime and wartime shall ensure that all protective facilities are in good condition and can be put into use quickly in wartime. When war preparedness requires, the owner, user or maintenance manager of underground engineering shall unconditionally obey unified dispatch.

Forty-eighth for the needs of public interests, in accordance with the statutory authority, conditions and procedures to recover the right to use underground construction land, expropriation of underground space buildings (structures), should be compensated according to law.

Chapter VI Legal Liability

Forty-ninth in the process of development and utilization of underground space, those who hinder or actually damage the usufructuary rights and buildings (structures) established according to law shall bear corresponding civil liabilities according to law.

Fiftieth relevant departments or institutions have one of the following acts, the people's government at the same level or the competent department at a higher level shall order them to make corrections, informed criticism; The directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(1) Failing to organize the preparation of relevant plans as stipulated in Chapter II of these Measures according to law;

(two) beyond the authority or to the applicant does not meet the statutory conditions for the issuance of construction land planning permits and construction project planning permits;

(three) the applicant who meets the statutory conditions fails to issue the construction land planning permit and the construction project planning permit within the statutory time limit;

(four) failing to register the underground space real estate according to the regulations.

Article 51 If a construction project planning permit is not obtained according to law or the construction is not carried out in accordance with the contents of the construction project planning permit, the planning land supervision institution shall order it to stop construction and make corrections within a time limit.

Planning land supervision institutions can organize qualified planning professional institutions to demonstrate that illegal construction, in accordance with the following provisions to make a decision on administrative punishment:

(a) to take corrective measures to eliminate the impact on the implementation of the plan, and the relevant administrative departments to review and determine that it meets the mandatory standards and norms of safety assessment, fire protection, quality inspection, environmental protection, etc., to make corrections within a time limit, and impose a fine of more than 5% 10% of the project cost;

(two) unable to take corrective measures to eliminate the impact on the implementation of the plan, shall be ordered to dismantle. Demolition of illegal construction projects may affect the safety of adjacent buildings, damage the legitimate rights and interests of innocent interested parties, or cause great harm to public interests. If it is found by the relevant administrative departments to meet the mandatory standards and norms of safety evaluation, fire protection, quality inspection and environmental protection, the physical objects or illegal income shall be confiscated according to law, and a fine of less than 10% of the construction cost may be imposed.

Fifty-second underground space construction units in violation of the provisions of article thirty-second, shall be dealt with by the relevant departments in accordance with the relevant provisions of the construction management.

Article 53 In violation of the provisions of Article 33 of these measures, failing to reserve the connection position as required or failing to perform the obligation of underground connection, the planning land supervision institution shall order the relevant responsible subjects to make corrections within a time limit and impose a fine of more than 200,000 yuan and less than 300,000 yuan.

Fifty-fourth acts in violation of the provisions of these measures, which have not been punished, shall be dealt with in accordance with the provisions of relevant laws, regulations and rules.

Chapter VII Supplementary Provisions

Fifty-fifth Shenzhen Special Cooperation Zone underground space development and utilization management with reference to these measures.

Article 56 These Measures shall come into force as of August 20265438 1 day. The Interim Measures for the Development and Utilization of Underground Space in Shenzhen (188 issued by the first municipal government on July 23, 2008) shall be abolished at the same time.