Chapter One General Provisions
Article 1 In order to strengthen the management of the development and utilization of underground space, promote the comprehensive and systematic development of underground space, realize intensive and economical use of urban space resources, and meet the needs of urban modernization and sustainable development, these Measures are formulated in accordance with such laws and regulations as the Land Administration Law of the People’s Republic of China and combined with the reality of Shenzhen Municipality.
Article 2 These Measures apply to the development, utilization, supervision and management of underground space in the administrative areas of Shenzhen Municipality.
Where there are provisions in laws and regulations concerning the development and utilization of underground space such as national defense, civil air defense, disaster prevention and mitigation, cultural relics protection and mineral resources, such provisions shall prevail.
Article 3 The underground space mentioned in these Measures refers to the space below the surface, including underground space attached to surface buildings and independently developed underground space. The former refers to the underground space developed and constructed in conjunction with the surface buildings by the same developer. The latter refers to the underground space independently developed and constructed. The underground space developed by using municipal roads, public green spaces, public squares and other public land shall be regarded as independently developed underground space.
The development and utilization of underground space is divided into layers, including shallow, middle, and deep layers. The space in shallow and middle layers shall be fully developed and utilized in the near future, and the development and utilization of space in deep layers shall be explored gradually in the distant future.
Article 4 The development and utilization of underground space shall adhere to the principles of unified planning, scientific utilization, giving priority to public interests, as well as safety and environmental protection.
Article 5 The underground space shall be used preferably for the construction of traffic, municipal engineering, air defense and disaster prevention, environmental protection and other urban infrastructure and public service facilities.
Development of commercial, industrial, warehousing and logistics facilities as well as sports, cultural and other projects in underground space shall be encouraged.
Construction of such projects as residential houses, living quarters for kindergartens (nurseries), senior living quarters as well as ordinary classrooms in primary and secondary schools in underground space shall be prohibited.
Article 6 The Department of Planning and Natural Resources (hereinafter referred to as competent department) shall be responsible for the planning and management of the development and utilization of underground space and the management of construction land within the administrative areas of Shenzhen Municipality.
The competent department of housing and urban-rural development shall be responsible for the construction of underground space projects as well as the supervision and management of property management in accordance with its functions and duties, and shall also be responsible for the fire design review, fire control acceptance and record random inspection of underground space construction projects.
The competent department of civil air defense shall be responsible for the supervision and management of matters involving civil air defense in the development and utilization of underground space.
The competent departments of development and reform, finance, ecological environment, transport, rail transit, water utilities and urban management shall well manage the work related to the development and utilization of underground space in accordance with their respective duties and responsibilities.
Article 7 The municipal and district people’s governments shall organize relevant departments to conduct a general survey of underground space to investigate, monitor and evaluate such aspects as the natural conditions, utilization status, ownership as well as development and utilization constraints of underground space, and the units and individuals involved shall cooperate.
The funds for basic investigation and resource evaluation of underground space shall be incorporated into the departmental budget management, and the municipal and district financial departments shall make overall arrangement and guarantee the relevant capital demand in accordance with provisions.
Article 8 The municipal competent department shall work with other competent departments of housing and urban-rural development, civil air defense and urban management to establish an underground space data center, and incorporate the basic investigation, planning and construction management as well as real estate file information of underground space into the underground space data center, and realize information sharing through the big data resource center of Shenzhen Municipality.
Article 9 The municipal competent department shall organize the formulation of technical specifications and architectural design rules for underground space planning and implementation of three-dimensional cadastral management technology. The municipal departments in charge of ecological environment, housing construction, fire control, rail transit and water utilities shall organize and formulate relevant technical standards for the construction and management of underground space in accordance with their respective duties and responsibilities.
Chapter Two Planning & Management
Article 10 The municipal competent department shall work with other competent departments of housing and urban-rural development, transport, cultural relics and civil air defense to formulate a special plan for the development and utilization of underground space of the whole City, which shall be submitted to the municipal government and implemented upon its approval. The revision procedure of the special plan for the development and utilization of underground space shall be implemented in accordance with the formulation procedure.
The special plan for the development and utilization of underground space shall be in accordance with the national economic and social development plan and the overall territorial spatial plan, and shall be linked with the civil air defense, road traffic, rail transit, underground underground comprehensive pipe corridors, underground pipelines, sponge cities, construction waste treatment, environmental protection and other special plans.
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, shall delimit the scope of significant areas, and shall make requirements for the development and utilization of underground space in inshore waters.
Article 11 The municipal competent department shall be responsible for organizing and compiling the detailed planning of underground space in significant areas, which shall be submitted to the municipal government for approval, and implemented as the planning basis for the development and construction of underground space.
Significant areas refer to such areas as the urban centers at all levels and comprehensive transport hubs identified by the special plan for the development and utilization of underground space.
The detailed planning of underground space in key areas includes underground space development boundary, development intensity, construction scale, utilization function, vertical elevation, entrance/exit location, underground public access location, connectivity mode and stratification requirements.
The municipal competent department shall specify the mandatory contents under planning control when compiling the detailed planning of underground space in significant areas, and if it involves the modification of the mandatory contents of the detailed planning of underground space in key areas, it shall be submitted to the municipal government for approval; the modification of non-mandatory contents shall be approved by the municipal competent department. Mandatory contents and non-mandatory contents shall be implemented in accordance with the applicable technical specifications.
Article 12 When compiling and revising the hierarchy of such detailed planning as statutory plans, urban renewal unit planning and land preparation planning, planning guidelines shall be put forward for the protection and utilization of underground space outside key areas. For the underground space without planning guidelines, the municipal competent department shall organize the planning research during the development and construction, and the proposed planning and design conditions shall be submitted to the municipal government for approval as the basis for the planning and examination of the construction project.
Those involving rail transit projects shall be implemented in accordance with the applicable provisions on the management of rail transit.
Article 13 For development and construction in key areas of urban underground space, according to the detailed planning of underground space in key areas, the dispatched office of the municipal competent department may formulate or require the construction unit to formulate the underground space planning and design of the construction project, to clarify the vertical depth utilization requirements of underground space, layered development and control requirements, underground building line, connecting passage orientation and other contents. The planning and design of underground space shall be implemented after being approved by the municipal competent department. The project of underground space attached to surface buildings shall work out the planning and design together with the project of surface construction.
Significant areas shall give full play to the technical coordination role of the chief urban designers who are composed of leading designer and technical teams in such fields as planning, architecture and landscape design. When submitting the planning and design of underground space to the municipal competent department for examination and approval, the written advice of the chief urban designers shall be submitted as an important technical basis for examination and approval of the municipal competent department.
Article 14 A construction unit that develops and utilizes underground space shall apply for planning permission in accordance with the law. The planning permission for a project of underground space attached to surface buildings shall be applied for together with the surface construction project; a separate planning permission shall be applied for a project of independently developed underground space, and the relevant formalities may be handled synchronously with other projects.
Where the use rights of underground construction land are obtained in layers, the application for permission for underground space planning shall be applied for each layer.
Article 15 In case of the development and utilization of underground space, the planning permission of construction land use shall specify the use function of underground space, the scope of horizontal projection control, the scale of construction and so on.
The planning permission of construction project shall specify such contents of underground buildings (structures) as horizontal projection construction range, building line, vertical elevation, floor area, use functions, entrance/exit locations, public passageways and connected corridors.
Chapter Three Land Use Management
Article 16 The depth and scope of the right to use underground land for construction shall be determined in accordance with the necessary architectural functions and structural needs.
The establishment and exercise of the right to use underground land for construction shall not harm the legitimate rights and interests of other holders of the right to use construction land and related rights holders.
Article 17 Where the right to use underground land for construction conforms to the provisions of allocation, such land shall be supplied in accordance with the method of allocation; in the case of commercial and other business projects or where there are more than two intended uses of land for construction of underground space, such land shall be supplied by means of bidding, auction or listing.
Where the plan and one of the following circumstances are met, the right to use underground land for construction may be assigned by agreement:
1. The holder of the right to use surface construction land applies for developing the underground space within the scope of its construction land, and the underground space is not planned for urban infrastructure or other public service projects;
2. The underground connected space with the need to cross such public land as municipal roads, public green spaces and public squares, or the underground connected space connecting two land parcels with established property rights;
3. The operating underground space attached to public service projects such as underground transportation facilities, subject to objective conditions, and identified as not having the conditions for independent development by such units as the competent transport and rail transit departments in conjunction with the competent department;
4. The land for underground comprehensive pipe and corridor facilities, land for regional traffic, land for urban road, land for rail transit and land for franchised public utilities determined by the municipal government with property rights vested in social entities;
5. other circumstances prescribed by laws, regulations and rules or determined by the municipal government.
Where the right to use underground land for construction is transferred by means of agreement as per the provisions of Subparagraph 2 of Paragraph 2 of this Article, and the underground space is open to the public around the clock, the land shall be assigned for the purpose of public accesses, a certain percentage of buildings shall be allowed to use for business, and the land premium shall be exempted for the use of public access; the land that cannot be open to the public around the clock shall be assigned according to the actual purpose. Where an underground connected passage involves more than two construction units, the ownership of the land use rights of the connected passage shall be clarified in the contract for the transfer of construction land use rights.
Under the circumstances specified in Subparagraph 2, Paragraph 2 of this Article, the right to use underground land for construction can also be supplied by means of leasing. Where the term of lease shall not exceed ten years, renewal of the construction land use rights can be applied three months before the expiration of the lease term.
The transfer, lease and mortgage of the right to use underground land for construction shall be implemented in accordance with the applicable regulations.
Article 18 In the process of rail transit project construction, where independent development conditions are met for underground space formed by open-cut method, the land supply mode shall be determined according to the planning function of the underground space.
Where the right to use surface construction land for rail transit projects (including vehicle sections, parking lots, rail transit stations, etc.) is transferred by means of bidding, auction or listing, the municipal competent department or its dispatched agencies can formulate the assignment program by means of bidding, auction or listing in combination with the views of the competent rail transit department and submit the program for approval in accordance with procedures.
Article 19 The supply plan of construction land shall be compiled according to such plans as the detailed plans of underground space in significant areas, statutory plans and approved planning design conditions outside significant areas together with planning management technical specifications, shall clarify the location, area, nature of use, development intensity, development period, connectivity requirements and other planning conditions of the site, and shall be included as part of the written decision on allocation of construction land use rights or as an integral part of the contract for the transfer of the right to use construction land.
Article 20 The maximum transfer period of the right to use underground land for construction in independently developed underground space construction projects shall be determined in accordance with the land use category.
The maximum period of use of construction land for underground space attached to surface buildings shall not exceed the statutory maximum period of its land use, nor shall it exceed the transfer period of the surface part of the land plot.
Article 21 For independent underground space constructed via such ways as the open-cut method, the formalities of temporary land use shall be gone through in accordance with law for the surface land involved, which shall be restored to its original state after development and utilization.
Chapter Four Construction Management
Article 22 The municipal government may designate centralized development area in the significant areas of underground space. Overall planning and design of the ground and underground shall be made for concentrated development areas.
Article 23 The municipal and district people’s governments may, according to work needs, designate regional administrative institutions for centralized development areas. The institutions shall perform the following duties:
1. The overall planning and design of the centralized development area shall be organized and compiled;
2. The construction engineering design scheme and the project implementation plan in the centralized development area shall be comprehensively balanced;
3. The implementation of project construction shall be coordinated;
4. Other matters determined by the municipal and district people’s governments shall be tackled.
Article 24 The overall planning and design of the centralized development area shall conform to such upper-level plans as the statutory plans and detailed planning of underground space in significant areas, focusing on clarifying such management and control requirements as the development scale, spatial layout, connectivity requirements and supporting facilities in the underground space in centralized development areas; where it is necessary to adjust the statutory plans or the detailed planning of underground space in significant areas, the overall planning and design shall be considered to be completion of the revision after deliberation and approval by the municipal government according to the procedures, incorporated into the “one map” management system, and serve as the planning and permission basis for centralized development areas.
Article 25 Before the examination and approval of the overall planning and design of the centralized development areas and the design plan of the construction project, the written advice of the chief urban designers shall be submitted as an important technical basis for examination and approval by the municipal competent department.
Article 26 The right to use the land for underground construction in centralized development areas can be allocated or transferred separately, or together with the right to use the land for surface construction. The construction unit shall engage in development and construction according to the overall planning and design.
In addition to the construction mode specified in the preceding paragraph, the government land investment and development management agencies may unify the construction of centralized development areas to form civil engineering reservation projects. After the completion and acceptance, the civil engineering reservation project shall be handed over to the land reserve institution for collection and storage, and land can be supplied in accordance with the provisions of Chapter III of these Measures.
Article 27 The construction of rail transit shall be connected with the construction of land parcels, roads, underground public accesses and municipal facilities along the route, and interface conditions with the surrounding projects shall be reserved according to the planning requirements, so as to achieve the integrated and efficient utilization of ground and underground space resources.
The construction unit of urban rail transit project can act as the unified implementer to engage in overall development and construction of the rail transit planning control area or other underground construction projects adjacent to the rail transit underground facilities together with the rail transit project.
In important rail transit hub areas, the municipal competent department can explore the policies and Measures on planning and management, land transfer, land price charging and project construction involved in integrated development of stations and cities, which shall be submitted to the municipal government for approval and implementation.
Article 28 The underground construction scope of underground space attached to surface buildings shall not exceed the surface land boundary, and where there is a need to exceed the surface land boundary due to connection with other underground projects or based on public interest, safety protection or other reasons, it shall comply with the requirements of relevant laws, regulations, rules and technical norms.
Article 29 Where the municipal management corridors, rail transit, underground roads and other underground construction projects need to penetrate outside the scope of the assigned underground space, but such need involves the significant interests of others, the dispatched office of the municipal competent departments shall solicit the opinions of stakeholders before planning permission; where the stakeholders have no objection to the underground construction projects or have objections but the construction projects are proven to meet the safety and environmental protection requirements, the dispatched office of the municipal competent department may make the decision to grant the administrative license according to law and shall disclose the demonstration details to the stakeholders before making the decision to grant the license.
Article 30 The construction of underground space shall not endanger the safety of the adjacent buildings (structures) and facilities on the surface or underground.
Where underground space construction must make use of adjacent construction land due to passage, ventilation, electricity and drainage, the owner of the right to use of the adjacent construction land shall provide the necessary facilities. The passage, ventilation, electricity, drainage and other aspects of construction units shall comply with the requirements of the applicable laws, regulations, rules and technical specifications to avoid damage to the owner of the right to use of the adjacent construction land; where damage is caused, compensation shall be given in accordance with law.
Article 31 In the case of layered development and utilization of underground space, entrances and exits, vents, drains and other facilities shall be shared. Where the construction of entrances and exits of underground space involves the use of the surface construction land obtained by others, an easement contract shall be signed with them according to law, and the easement registration may be applied from the real estate registration institution.
The design of underground space construction projects shall meet the requirements of the underground space for such aspects as environmental protection, flood and moisture control, drainage, structural safety as well as facilities operation and maintenance, and the ground ancillary facilities shall be hidden.
Article 32 Before the construction of an underground space construction project, the construction unit shall formulate emergency plans and protection Measures, inform the relevant property owners or managers of such plan and Measures, and engage in dynamic monitoring during the construction process.
During the construction of underground space construction projects, the construction unit shall take effective safety and protective Measures to meet the management requirements of surface space and underground space for such aspects as bearing, vibration, pollution and noise.
Article 33 In accordance with the plan, where the construction of an underground space project involves underground connection works, the construction unit, the holder of the right to the use of underground construction land use rights or the holder of the right to the use of surface construction land shall fulfill the underground connection obligations and ensure that the implementation of the connectivity project is in line with the requirements of fire prevention, ventilation, lighting and other related design specifications to ensure that the needs for personnel evacuation and emergency rescue are met.
The construction unit that starts earlier shall reserve the interface of the underground connection projects according to the planning requirements and relevant design specifications, and the construction unit that starts later shall be responsible for performing the connection obligation of the subsequent underground connection projects.
Article 34 Where the construction unit adds urban infrastructure or public service facilities on the basis of planning during the development and construction of underground space, volume transfer or incentives, land price concessions or financial incentives may be provided, or tax relief may be implemented in accordance with law. The specific Measures shall be submitted to the municipal government for approval after being developed by the relevant departments.
Article 35 After the completion of an independently developed underground space construction project, the construction unit shall apply to the municipal competent department or its dispatched office for planning verification and submit as-built drawings and as-built surveying and mapping report. The project shall not be delivered for use without planning verification. Planning verification for projects of underground space construction connected to buildings shall be applied for planning and verification together with the surface buildings.
After the planning verification is qualified, the municipal competent department or its dispatched office shall promptly incorporate the relevant data into the underground space data center.
The completion and acceptance of underground projects shall be handled in accordance with the applicable provisions.
Article 36 The registration of the right to use land for underground construction and the registration of real estate of underground buildings (structures) shall be handled in accordance with the applicable provisions of real estate registration.
The first registration of the right to use land for underground construction and the ownership of buildings (structures) may be done for independently developed underground buildings (structures). The first registration of the right to use land for construction and the ownership of buildings (structures) for underground buildings (structures) attached to buildings shall be done together with the above-ground part of the constructional underground structures.
Article 37 The registration of the right to use underground land for construction shall take parcel as the basic unit. The scope of ownership of the underground buildings (structures) built in accordance with the planning permission shall be determined by the scope of the periphery (excluding pile foundations) of the underground buildings (structures) verified and confirmed by planning verification.
Article 38 In the case of the registration of real estate in the underground space, “underground space” shall be noted in the register and the legal title, and the purpose shall be indicated in accordance with the planning requirements. Registration of the civil air defense projects shall be implemented in accordance with the applicable civil air defense provisions.
Chapter Five Use Management
Article 39 The owners of underground space buildings (structures) and facilities shall be responsible for the maintenance and management of the underground space; where the owners of underground space buildings (structures) and facilities are not clear, the actual users shall assume responsibility for maintenance and management; where the owners of underground space buildings (structures) and facilities are not clear and there are no actual users, the government shall designate persons to be responsible for the maintenance and management.
Article 40 The persons responsible for maintenance and management shall establish a management system for the safe use and maintenance of underground space and an emergency response plan, and be equipped with an alarm device and the necessary emergency rescue facilities and equipment in accordance with provisions.
Where safety hazards are found in the underground space, the persons responsible for maintenance and management shall promptly organize the rectification and elimination of such hazards; where safety hazards are serious, the use of the underground space shall be immediately stopped in accordance with law. Where safety accidents occur in the underground space, the persons responsible for 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 passageways shall be kept unblocked and shall not be closed, locked, partitioned, stacked or blocked.
The safety exits and evacuation passageways in underground space shall comply with safety specifications; evacuation signs shall be obvious; and emergency lighting facilities shall be operated normally.
Article 42 The persons responsible for maintenance and management shall timely detect and handle dangerous situations and obey the scheduling instructions from flood control command institutions in accordance with the provisions of flood control management. The underground space opens to the public shall also be equipped with such materials and equipment as waterproof baffles and sandbags.
Article 43 The persons responsible for maintenance and management shall be equipped with self-rescue equipment and auxiliary escape facilities in accordance with the applicable provisions, shall not change the fire prevention conditions of underground space buildings (structures) without authorization, and shall not affect the safe evacuation of personnel and the normal use of fire-fighting facilities.
Article 44 No unit or individual shall engage in the following acts:
1. Unauthorized demolition or change of the main body and load-bearing structure of the underground space;
2. Unauthorized change of the specified purpose of the underground buildings (structures);
3. Illegal production, storage and sale of flammable and explosive, toxic, hazardous, radioactive and other dangerous substances in the underground space;
4. Illegal discharge of exhaust gas or dumping of domestic waste, construction waste and other waste into the underground space;
5. Intentional damage to various types of safety facilities and equipment set up in the underground space;
6. Other prohibited acts prescribed in laws, regulations and rules.
Article 45 The underground space shall meet the requirements of the indoor environmental pollution control specifications for civil construction projects and shall be equipped with ventilation, smoke exhaust, sewage discharge and other facilities in accordance with the environmental protection requirements. The air quality of public places shall meet the sanitary standards of public places.
Article 46 The persons responsible for maintenance and management of underground space shall be encouraged to take out underground space-related liability insurance. Insurance companies can implement differentiated rates for the specific circumstances of the use of underground space management, and prompt the insured units to do well in risk prevention and control through rate leverage.
Article 47 The owners, users or persons responsible for maintenance and management of the underground space for both peacetime and wartime use shall ensure that the protection facilities are in good condition and can be quickly put into use during wartime. When required for war preparedness, the owners, users or persons responsible for maintenance and management of underground projects shall unconditionally obey the unified dispatch.
Article 48 Where the right to use land for underground construction land is recovered or underground buildings (structures) are expropriated or requisitioned in accordance with the statutory authority, conditions and procedures for public interests needs, compensation shall be given in accordance with law.
Chapter Six Legal Liability
Article 49 Whoever causes obstruction or actual damage to the usufruct or building (structure) already established according to law in the course of the development and utilization of underground space shall bear corresponding civil liability in accordance with the law.
Article 50 Where the relevant departments or institutions engage in one of the following acts, the people’s government at the respective level or higher levels shall order them to make corrections or circulate a notice of criticism. The person-in-charge and other persons directly responsible for the violation acts shall be punished in accordance with law:
1. Failure to organize and compile relevant plans stipulated in provisions of Chapter II of these Measures;
2. Exceeding its functions and powers or issuance of the planning license for construction land use and/or the planning license for construction project beyond the scope of their authority or to applicants who do not meet the statutory conditions;
3. Failure to issue the planning license for construction land use and/or the planning license for construction project to applicants who meet the statutory conditions within the statutory time limit;
4. Failure to register underground space real estate as required.
Article 51 Where the planning license for construction project is not obtained or construction is not carried out according to the contents of the planning license for construction project, the supervision authority of planning land shall order to stop construction and command correction within a prescribed time limit.
The supervision authority of planning land may organize qualified professional planning institutions to carry out the demonstration and make an administrative penalty decision in accordance with the following provisions after identifying the circumstances of illegal construction:
1. Where corrective Measures can still be taken to eliminate the impact on the implementation of the planning and the safety assessment, fire, quality control, environmental protection and other mandatory standards and norms are complied with based on the review and confirmation of the relevant administrative departments, correction within the prescribed time limit shall be demanded, and a fine of not less than 5% but not more than 10% of the construction cost shall be imposed;
2. Where it is impossible to take corrective Measures to eliminate the impact on the implementation of the plan, demolition within the prescribed time limit shall be ordered. Where the demolition of illegal construction projects may affect the safety of adjacent buildings, harm the legitimate rights and interests of no-fault stakeholders, or cause significant damage to the public interests, the relevant administrative departments shall confiscate the physical or illegal income in accordance with law and may impose a fine of less than 10% of the construction project cost after reviewing and ascertaining that the safety assessment, fire, quality control, environmental protection and other mandatory standards and specifications are complied with.
Article 52 Construction units of underground space that violate the provisions of Article 32 of these Measures shall be dealt with by the relevant departments in accordance with the applicable provisions on construction management.
Article 53 Where the interfaces for underground connecting projects are not reserved or the underground connection obligation is not performed in violation of the provisions of Article 33 of these Measures, the supervision authority of planning land shall order the relevant responsible entities to make corrections within the prescribed time limit and impose a fine of not less than 200,000 yuan but not more than 300,000 yuan.
Article 54 Acts that violate the provisions of these Measures and there are no provisions for punishment in these Measures shall be dealt with in accordance with the provisions of relevant laws, regulations and rules.
Chapter Seven Supplementary Provisions
Article 55 The management of development and utilization of the underground space in the Shenzhen-Shantou Special Cooperation Zone shall be implemented with reference to these Measures.
Article 56 These Measures shall enter into force on August 1, 2021. The Trial Measures of Shenzhen Municipality on the Administration of Development and Utilization of Underground Space (Municipal Government Decree No. 188) promulgated on July 23, 2008, shall be repealed simultaneously.
附件下载：
粤公网安备 44030402002963号