(Adopted at the 95th meeting of the Standing Committee of the 4th Shenzhen Municipal People’s Government on May 22, 2008)
Chapter One General Provisions
Article 1 In order to strengthen the management of the development and utilization of underground space of Shenzhen Municipality and to promote the reasonable development and utilization of underground space resources, the Interim Measures of Shenzhen Municipality on the Development and Utilization of Underground Space (hereinafter referred to as “these Measures”) are formulated in accordance with the law and administrative regulations, combined with the actual situation of Shenzhen Municipality Shenzhen Municipality.
Article 2 These Measures apply to the development, utilization and management of underground space in the urban planning areas of Shenzhen Municipality.
The underground space herein refers to the space below the surface of the urban planning areas of Shenzhen Municipality.
Where there are specific laws and administrative regulations on the utilization of underground space for national defense, civil air defense, disaster prevention, cultural relics protection and mineral resources, such laws and administrative regulations shall prevail.
Article 3 Only after obtaining the right to use underground land for construction in advance can the underground space be developed and utilized.
In order to avoid mutual obstruction and harm, the development needs of adjacent spaces shall be taken into consideration in the obtainment of the right to use underground land for construction.
Paid and limited-use system of underground space is implemented in Shenzhen. Where there are specific laws and administrative regulations, such laws and administrative regulations shall prevail.
Article 4 The development, utilization and management of underground space shall adhere to the principles of protecting resources, giving priority to urban infrastructure and public service facilities, overall planning and comprehensive development.
Article 5 The Municipal Urban Planning Competent Department (hereinafter referred to as "the Planning Competent Department") shall be responsible for the planning and management of the development and utilization of underground space.
The Municipal Land Resources and Real Estate Competent Department (hereinafter referred to as "the Land Competent Department") shall be responsible for the transfer and management of the registration of the right to use underground land for construction.
The Municipal Civil Air Defense Competent Department (hereinafter referred to as "the Civil Defense Competent Department") shall be responsible for the development and utilization of underground space for civil air defense and the supervision and management of the development and utilization of underground space in accordance with the requirements of civil air defense.
The Municipal Environmental Protection Competent Department shall be responsible for the environmental protection supervision and management of the development and utilization of underground space, and the formulation of relevant environmental management technical specifications.
The Construction Competent Department shall be responsible for the supervision and management of the underground space construction projects.
Other relevant functional departments of the Municipal Government and the people's governments of each district shall, in accordance with their respective functions, be responsible for the development and utilization of underground space within their scope of duties.
Chapter Two Formulation of Underground Space Planning
Article 6 The special planning on the development and utilization of underground space shall be carried out on the basis of the overall urban planning.
The special planning on the development and utilization of underground space shall implement the mandatory provisions on the development and utilization of underground space in the overall urban planning and the overall land use planning. It shall be carried out in combination with the planning of civil air defense projects, reflecting the principles of vertical-layered three-dimensional comprehensive development, horizontal spatial connectivity, and coordination between surface buildings and underground projects.
When the Municipal Government formulates the norms and guidelines for urban planning, urban and architectural design of Shenzhen Municipality, it shall reflect related content of the development and utilization of underground space as the main technical basis for the preparation of urban planning and for the implementation of planning permit.
Article 7 The special planning on the development and utilization of underground space of Shenzhen Municipality shall be organized and prepared by the Planning Competent Department in accordance with the law.
The special planning on the development and utilization of underground space of Shenzhen Municipality shall include：
(1) Analysis of the status quo and resources of underground space；
(2) Demand forecast of the development and utilization of underground space；
(3) Strategies for the development and utilization of underground space；
(4) Level and content of the development and utilization of underground space；
(5) Scale and layout of the development and utilization of underground space；
(6) Civil air defense requirements for the utilization of underground space；
(7) Special requirements and safeguard measures for environmental protection for the utilization of underground space；
(8) Steps for the development and utilization of underground space；
(9) Other relevant contents.
Article 8 The special planning on the development and utilization of underground space of Shenzhen Municipality shall pass the environmental impact assessment, and be discussed by the Municipal Urban Planning Committee and then be reported to the Municipal Government for approval, promulgation and implementation.
Article 9 The Planning Competent Department and relevant competent departments shall organize the formulation of the special planning on the development and utilization of underground space in significant urban areas, which specifically stipulates the development, utilization and management of underground space in significant urban areas of Shenzhen Municipality.
The special planning on the development and utilization of underground space in significant urban areas shall comply with the relevant requirements in the overall urban planning and the special planning on the development and utilization of underground space of Shenzhen Municipality, and shall specify the scope of development, nature of utilization, horizontal and vertical layouts, location of entrances and exits, connection manner of underground space in significant urban areas.
Where statutory plans, urban design, detailed blueprints, or other special plans have provisions on the development and utilization of underground space, such provisions shall prevail.
Article 10 The special planning on the development and utilization of underground space in significant urban areas formulated by the Planning Competent Department and relevant competent departments shall be submitted to the Municipal Urban Planning Committee for discussion by its professional committee and then be promulgated after being approved by the Municipal Urban Planning Committee, subject to other laws and administrative regulations.
Article 11 The formulation and revision of the special planning on the development and utilization of underground space shall be in accordance with the relevant laws and administrative regulations.
Chapter Three Implementation of Underground Space Planning and Obtainment of the Right to Use of Underground Land for Construction
Article 12 The obtainment of the right to use underground land for construction land shall comply with the overall urban planning, the overall land use planning and the special planning on the development and utilization of underground space.
Article 13 For the underground space used for national defense, civil air defense special facilities, disaster prevention, urban infrastructure and public service facilities, the right to use of underground land for construction shall be transferred in accordance with the law.
Article 14 Before the implementation of these Measures, if the right to use of surface land for construction has been assigned or transferred and the underground projects are constructed together with the surface buildings (hereinafter referred to as "joint constructed"), it shall be deemed that the owner of right to use of surface land for construction has already obtained the right to use of underground land for construction within the actual spatial scope of the periphery of the joint constructed underground buildings (structures) as specified in the planning permit on the underground constructions.
The establishment of the right to use underground land for construction shall not damage the established usufructuary rights. In the development and utilization of underground space, compensation shall be made in accordance with the law if any actual damage is caused to the usufructuary rights that are already established in accordance with the law.
Article 15 The construction entity that applies for the right to use underground land for construction by means of transfer or an assignment agreement shall submit the site selection opinion, pre-examination opinion on construction land, environmental impact assessment of the project, approval and relevant approval documents to the Planning Competent Department. An application for the right to use of underground land for construction shall be submitted to the Municipal Government for approval.
The Planning Competent Department shall, in accordance with the decision of the Municipal Government on the application, produce an approval latter of construction land and a schematic drawing of construction land. The scope of underground space is determined by the horizontal projection coordinates and the vertical elevation, and the land schematic drawing shall be drawn through projection.
Article 16 The construction entity that obtains the right to use of underground land for construction by means of transfer or an assignment agreement shall apply to the Planning Competent Department for the issuance of the planning permit on construction land with the approval letter of construction land and the schematic drawing of construction land.
The construction entity that obtains the right to use underground land for construction by means of an assignment agreement shall sign the assignment contract on the right to use underground land for construction with the Land Competent Department with the approval letter of construction land and the planning permit on construction land.
Article 17 Where the right to use underground land for construction is assigned by means of bidding, auction or listing, the Planning Competent Department shall formulate the plan for the assignment of each bid, auction and listing for underground space, then submit it to the Municipal Government for approval. Upon approval, the Land Competent Department shall organize to implement the plan.
The assignment plan shall include a detailed description of the location, horizontal projection coordinates and vertical elevation, maximum area of horizontal projection, usage, planning and design conditions, and environmental impact assessment of the underground space to be assigned. The planning and design conditions shall be issued by the Planning Competent Department, and detailed provisions shall be made on the construction area, combination of functions, public accesses and entrance and exit positions, civil air defense requirements and connection obligations between the construction entities of the underground space.
Article 18 Where the right to use underground land for construction is obtained by means of bidding, auction or listing, the assignment contract on the right to use underground land for construction shall be signed. The construction entity shall apply to the Planning Competent Department for the planning permit on construction land with the assignment contract on the right to use of underground land for construction.
Article 19 The construction entity shall, in accordance with relevant regulations, standards and technical specifications and the planning permit on construction land, carry out underground project plan design, preliminary design and construction drawing design, and apply to the Planning Competent Department for the planning permit on construction project, and shall apply to the civil defense departments, fire control departments and other competent departments for the civil air defense and fire control construction review. Where there are other provisions on municipal engineering such as roads, bridges, and rail transit facilities, such provisions shall prevail.
When issuing the planning permit on construction project, the Planning Competent Department shall specify the horizontal projection coordinates and vertical elevation, the maximum area of horizontal projection, the construction area, the combination of functions, the public accesses and entrance and exit positions, and the connection obligations between the construction entities of the underground buildings, etc.
Article 20 The relevant administrative permission for the construction of underground project along with the surface buildings or underground traffic construction projects shall be examined and approved together with the surface buildings or underground traffic construction projects.
Chapter Four Engineering Construction and Utilization of Underground Space
Article 21 The engineering construction of underground space shall be managed in accordance with the provisions of current laws and administrative regulations.
Article 22 The construction entity of underground space shall adopt effective security and protective measures, scientifically coordinate the bearing, vibration, pollution, noise and safety of adjacent buildings in surface space and underground space，and shall not damage the functions of underground municipal pipelines. It shall also minimize the impact on ground transportation，and shall not hinder the planning function of the surface ground or cause damage to buildings (structures) and attachments of others.
Article 23 The survey and design, environmental assessment, safety assessment and supervision, project supervision and quality management involved in the engineering construction of underground space shall be carried out in accordance with the relevant laws and administrative regulations of the state, the Guangdong Province and Shenzhen Municipality. The relevant departments shall strengthen the supervision and inspection of the engineering construction of underground space.
Article 24 The construction entity and owner of the right to use of underground land for construction or the owner of right to use of surface land for construction shall perform the underground connection obligation and ensure the implementation of the connection project in accordance with the requirements of civil air defense and other relevant design standards if the underground space project involves an underground connection project.
The construction entity that starts earlier shall reserve the interface of the underground connection project according to the relevant specifications, and the construction entity that starts later shall be responsible for performing the connection obligation of the subsequent underground connection project.
Article 25 The underground space construction project independently developed shall be completed and accepted according to the current management measures, and the project shall not be delivered for use until it has been accepted.
The underground space construction project attached to the surface buildings shall be completed and accepted together with the surface buildings.
Article 26 The registration of the right to use of underground land for construction shall be implemented in accordance with the relevant laws and administrative regulations，and shall be marked as "underground space".
For underground buildings (structures) and attachments connected with surface buildings (structures) and attachments, their land rights shall be determined as the rights to use of surface land for construction, and shall be registered together with surface buildings (structures) and attachments at the time of initial registration.
For underground buildings (structures) and attachments that cannot be connected with surface buildings and are independently constructed, their land rights shall be determined as the rights to use of underground land for construction, which shall be independently registered at the time of initial registration.
The registration of the right to use of underground land for construction takes parcel as the basic unit，and determines its scope of ownership through horizontal projection coordinates, vertical elevation and maximum area of horizontal projection.
Article 27 The transfer or mortgage of the right to use of underground land for construction acquired by means of agreement, bidding, auction or listing shall comply with the provisions of current laws and administrative regulations on the right to use of underground land for construction.
Article 28 The government may expropriate or requisition underground space in accordance with the law.
Due to the needs of national defense, civil air defense, disaster prevention, urban infrastructure and public service facilities, the owner of the right to use of underground land for construction shall provide convenience to the construction entity according to the laws and shall not damage relevant facilities.
Article 29 The owner and user of underground space properties and facilities shall perform obligations of daily management and maintenance of underground space properties and facilities，and ensure the public access and entrances and exits unblocked in accordance with the provisions of the planning and design conditions.
Underground space property management shall be implemented in accordance with relevant laws and administrative regulations.
Article 30 The Planning Competent Department shall be responsible for the establishment of the information system for the development and utilization of underground space and the dynamic management thereof. Except for the need for confidentiality related to national security and others, the development and utilization of information resources of underground space shall be shared.
Chapter Five Legal Liability
Article 31 If the Planning Competent Department commits any of the following acts, in violation of these Measures, the people's government at its level or the planning competent departments of the people's governments at higher level or the supervisory organ shall order it to make corrections according to its authority, and circulate a notice of criticism. The person-in-charge and other persons directly responsible for the violation acts shall be punished in accordance with the law：
(1) Fail to organize and prepare special plans in accordance with the law on the development and utilization of underground space in significant urban areas or of Shenzhen Municipality；
(2) Issue the site selection opinion, the planning permit on construction land, or the planning permit on construction project to the applicant who does not meet the statutory conditions exceeding its authority or not in accordance with the law；
(3) Fail to issue the site selection opinion, the planning permit on construction land, or the planning permit on construction project to the applicant who meets the statutory conditions within the statutory time limit；
(4) Fail to publish the approved special plans on the development and utilization of underground space in significant urban areas or of Shenzhen Municipality in accordance with the law.
Article 32 If the relevant department commits any of the following acts, in violation of these Measures, the people's government at its level or the relevant departments of the people's governments at higher level shall order it to make corrections, and circulate a notice of criticism. The person-in-charge and other persons directly responsible for the violation acts shall be punished in accordance with the law：
(1) Issue approval documents to construction projects that have not obtained the site selection opinions in accordance with the law；
(2) Fail to determine the planning conditions in the assignment contract before transferring the right to use of underground land for construction in accordance with the law；
(3) Handle the completion and acceptance filing for the construction project that has not obtained the planning and approval documents in accordance with the law；
(4) Issue ownership documents for houses that have not obtained the planning approval documents in accordance with the law.
Article 33 If the assignment contract for the right to use of underground land for construction violates Article 12 of these Measures, such contract shall be declared invalid and the occupied land shall be recovered by the Municipal Government.
Article 34 In violation of the second paragraph of Article 13 of these Measures, for the transfer of the right to use underground land for construction that is not through bidding, auction or listing, the Municipal Planning Competent Department shall not issue a planning permit on construction land or a planning permit on construction project.
Article 35 If the underground space is developed and utilized without the planning permit on construction land or the planning permit on construction project, it shall be handled in accordance with the law.
Article 36 If the construction entity of the underground space violates Article 22 of these Measures, it shall be dealt with by the relevant department in accordance with the relevant provisions on construction management. If it obstructs or infringes on the property rights of others, it shall bear corresponding civil liabilities in accordance with the law.
Article 37 If the construction entity, the owner of the right to use of underground land for construction or the owner of the right to use of above-ground or surface land for construction violates Article 24 of these Measures and fails to perform the underground connection obligation, the relevant department shall order it to perform the obligation within a time limit. In case of refusal to perform, it shall be held liable in accordance with the provisions of the planning, construction management regulations and the assignment contract of the right to use of underground land for construction.
Article 38 If the underground space property management violates relevant laws and administrative regulations, the competent department of property management shall deal with it in accordance with the law.
Chapter Six Supplementary Provisions
Article 39 Matters on the development and utilization of underground space that are not covered herein shall adhere to other relevant laws, administrative regulations and rules.
Article 40 These Measures shall be effective as of September 1, 2008.
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