Xinyang Municipal People's Government Office
On the issuance of Xinyang City Central urban underground space
Notice on the Development and Utilization Management Measures
People's Governments of all counties and districts, management districts, development zones, and relevant departments of the municipal government:
"Management Measures for the Development and Utilization of Urban Underground Space in Xinyang City" has been approved by the municipal government and is now issued to you. Please implement it conscientiously.
Xinyang Municipal People's Government Office
2022-17
Xinyang Central Urban District
Urban underground space development and utilization management measures
Chapter 1 General
art 1 In order to strengthen the management of underground space construction land in the central urban area of our city, promote the rational development and utilization of underground space, further improve urban functions, and intensively save and utilize urban land, these regulations are formulated in accordance with the provisions of relevant national laws and regulations, and in combination with the actual situation of our city.
Article 2 This regulation applies to the development and utilization management of underground space in the city center.
The urban underground space referred to in these regulations refers to the space range that can be developed and used below the ground of the central urban area, including built-up and single-built underground space.
Underground space is built with the same subject and ground buildings. The underground space part that is jointly developed and developed by road land, park green space, protective green space, square land and other public land and adjacent underground spaces should be planned together according to the built underground space and handled land use procedures.
Single-built underground space refers to the underground space independently developed and constructed. Underground space independently developed using public land such as road land, park green space, protective green space, square land, etc. are regarded as single-built underground space.
If otherwise provided by laws and regulations, the development and utilization of underground spaces involved in national defense, civil defense, earthquake prevention and disaster reduction, cultural relics protection, mineral resources, etc. shall prevail.
Article 3 The Municipal People's Government establishes a coordination mechanism for the development and utilization of underground space, study and solve major issues in the development and utilization of underground space, and coordinate and urge relevant departments to perform their supervision and management responsibilities in accordance with the law.
Article 4 Natural resource planning, housing and construction, civil defense, urban management, fire protection and other competent departments shall, in accordance with their respective responsibilities, manage the development and utilization of underground space.
Natural resource planning department is responsible for the planning and management of underground space development and utilization.
The housing construction department is responsible for the supervision and management of underground space construction and completion acceptance filing (except civil defense projects), responsible for the review and acceptance filing of underground space fire protection design, and responsible for the property management of underground space buildings.
Civil Defense Department is responsible for the management of underground space development and utilization related to civil air defense.
Fire Rescue organization is responsible for supervising the performance of fire safety responsibilities of the units with qualified acceptance and invested in underground space development and utilization projects in accordance with the law.
The urban management department is responsible for the supervision and management of park green space, protective green space, and square land protection requirements in the development and utilization of underground space; it is responsible for the use supervision of the use of public parking lots after the completion of social public parking lots. Parking facilities that have not been approved and used for other purposes should be rectified within a time limit and the parking function should be restored.
Ecological and environmental department is responsible for the supervision and management of underground space development and utilization involving ecological and environmental protection requirements.
Other relevant departments shall do a good job in the development, utilization and management of underground space in accordance with their respective responsibilities.
Article 5 The development and utilization of underground space should implement the principles of overall planning, combining peace and war, comprehensive development, rational use, safety and environmental protection, adhere to the combination of social benefits, economic benefits, combat readiness benefits and environmental benefits, adhere to the principle of priority of public interests and ensuring public safety, encourage multi-layer underground development, give priority to the development of urban infrastructure and public service facilities such as underground transportation, comprehensive pipeline corridors, and public parking lots. Vertical layered and horizontally connected three-dimensional comprehensive development, and coordinated development and orderly use according to planning first and construction.
Chapter 2 Planning Management
Article 6 The municipal natural resources planning department shall coordinate underground space planning, and work with relevant departments to prepare special plans for underground space development and utilization according to the needs of urban development, in accordance with the requirements of urban and rural planning system and combine with the special plan for civil defense engineering, and submit it for approval in accordance with the statutory procedures. The special plan for civil defense engineering is organized and prepared by the civil defense competent department.
Underground space planning should make arrangements and deployments for urban and rural underground space development strategies, planning goals, plan layout and zoning control, horizontal combination, vertical layering, prohibition, restriction and suitable for the construction of underground space during the planning period, and make arrangements and deployments for the construction scope of key areas, integration arrangements for underground and above-ground spaces, development steps, etc., and put forward requirements for environmental protection, civil defense requirements and safety guarantees.
Article 7 The municipal natural resources planning department shall organize the preparation of the control detailed planning for underground space development and utilization , clarify relevant control requirements for underground space, and submit approval in accordance with statutory procedures.
Article 8 The planning conditions for underground space development and utilization are based on the detailed control planning. The control requirements such as the dominant functions of underground space, supporting construction functions, planning scope, construction scope, building scale, vertical stratification, and layered capacity should be clarified, and requirements should be put forward for construction start and end depth, entrance and exit and vent settings, connection methods, civil defense construction, national security control zones, etc.
Article 9 Areas without underground space control detailed planning, the construction unit will prepare construction detailed planning based on the urban underground space development and utilization plan. After review by the Municipal Natural Resources Planning Department, it will be submitted to the Municipal Urban and Rural Planning Committee for review.
Article 10 The development and utilization of underground space shall apply for a planning permit in accordance with the law.
Chapter 3 Land Management
Article 11 The development and utilization of underground space should obtain the right to use underground construction land. The scope of use of underground construction land use rights shall be determined by planning conditions according to the layered supply method.
The right to use the construction land for construction of underground space shall go through the land use procedures together with the land use rights for surface construction land; the right to use the land for construction of individual underground spaces must go through the land use procedures separately.
The newly established underground construction land use rights shall not damage the established construction land use rights and other usufructuary rights .
Article 12 The supply method of individual underground spaces is determined according to the purpose of the planning leading functions and shall be implemented in accordance with the following provisions:
(I) If the land is in compliance with the allocated land directory, the supply can be transferred; if the commercial underground spaces that have supporting synchronous construction and cannot be planned and constructed separately, the right to use the underground construction land can be transferred to the same project entity by agreement;
(II) Non-profit social public parking lot (store), It can be supplied by free allocation;
(III) If there are two or more intended users in the same underground space, it shall be sold through bidding , auction or listing;
(IV) Except for the bidding, auction or listing method that should be supplied by bidding, auction or listing method according to law, other land can be supplied by agreement.
Article 13 The procedures for using the right to use underground construction land in the construction space shall be implemented in accordance with the following provisions:
(I) If the land is in compliance with the allocated land directory, it may be handled in the allocation method;
(II) If the land use rights for surface construction land is in compliance with the directory of allocated land (including the land for allocated commercially allocated commercially, except for projects that are compatible with paid use purposes), the underground parking provided by the construction method shall be suspended. Car parking lots (warehouses) can be handled as a transfer; if the right to use surface construction land is freely allocated (including freely allocated affordable housing land for commercial construction), the right to use underground construction land can also be handled as a transfer;
(III) Non-profit social public parking lots (warehouses) can be handled as a free transfer;
(IV) If it does not meet the directory of allocated land, it should be handled as a transfer.
Article 14 If the right to use surface construction land has been obtained and needs to re-issue the right to use underground space construction land, if it complies with the "Catalogue of Allocations", the land procedures may be handled by allocation; if it does not comply with the "Catalogue of Allocations", it may be transferred to the surface user right holder by agreement.
Article 15 The right to use underground construction land for individual construction shall be obtained through bidding, auction and listing, and the starting price shall be determined according to a certain proportion of the base land price of in the area where the planned functional purpose corresponds to the ground. The first floor of the underground is calculated at 30%, the second floor of the underground is calculated at 15%, and the third floor or below is exempt from land transfer fees.
Article 16 If the right to use underground construction land established for the first time is transferred, the starting price shall be determined according to a certain proportion of the market floor price of the above-ground construction land for the project with the same conditions as the underground. The first floor of the underground is calculated at 20%, the second floor of the underground is calculated at 10%, and the third floor or below is exempt from land transfer fees. The right to use underground construction land for warehousing projects will no longer be distinguished and set a stratification ratio, and will be calculated based on 10% of the market floor price of the above-mentioned ground construction land; the underground space for industrial projects will no longer be increased. The starting price of underground construction land established and the above-ground part shall be included in the total starting price of the transfer.
Article 17 If the right to use surface construction land has been obtained, the right to use underground construction land or the capacity of underground construction can be increased, the transfer or repayment of the land transfer fee may be carried out in an agreement manner, and the transfer price shall be implemented in accordance with Article 16.
Article 18 The maximum transfer period for the use rights of underground construction land for individual underground space projects shall be determined separately according to the use categories determined in accordance with the relevant provisions on land management.
If the purpose of the underground construction land use right of the underground space project is the same as that of the surface construction land use right, the land use right period will be the same; if the purpose of the underground construction land use right is inconsistent with the purpose of the surface construction land use right, the starting period of the land use right is the same as the starting period of the surface construction land use right, and the land use right period will be determined according to the determined purpose, but it will not exceed the maximum period of the surface construction land use right.
If the use rights for underground construction land is obtained through allocation, it shall be set according to the maximum life of the use rights for surface construction land.
Article 19 The right to use underground construction land obtained in accordance with the law can be transferred and mortgaged in accordance with the law. If the underground construction land use rights obtained by allocation is transferred, the land administrative department shall submit the approval authority to the people's government with approval authority for approval in accordance with regulations. After transfer, if the land allocated for is met with the conditions for of the allocation of land for , it can continue to be used; if the land is not met with the conditions for placing land for placing, it shall be used for a fee.
The user shall pay the entire land transfer fee in accordance with the provisions of the transfer contract, obtain the land ownership certificate, and conduct investment and development in accordance with the provisions of the transfer contract; if more than 25% of the total investment has been completed, the transfer can be carried out.
Article 20 Real estate registration agency shall indicate "underground space" and "functional use" in the ownership certificate of the underground space; if it belongs to a civil defense project, it shall also indicate "civil defense project" and record its daily use. "Functional Use" is registered according to the agreed purpose of the transfer contract or allocation decision, and can be noted for planning functional purposes. If conditions permit, you can be noted for different functions, capacity and usage rights types.
Except for the saleable underground parking spaces (stores) built in accordance with the planning, other underground space buildings (structures) shall not be divided and transferred (sales). Underground space development and utilization projects that combine peace and war cannot be divided and transferred (sales).
Chapter 4 Engineering Construction Management
Article 21 The construction of underground space development and utilization projects is managed in accordance with the provisions of current laws and regulations.
Underground space engineering construction must strictly implement approved plans and obey unified planning management. Underground projects within the protection scope of cultural relics, environment, pipeline corridors, important pipelines, urban green spaces, etc. shall be submitted for approval in accordance with relevant laws and regulations.
Article 22 Underground space construction projects shall be constructed in accordance with the reviewed and approved construction drawings. If the construction unit and the construction unit need to change the design plan, the qualified design unit shall make the modification and re-apply for approval procedures.
Article 23 Effective safety and protective measures should be taken during the construction of underground space. The functions of underground transportation facilities, comprehensive pipelines, cultural relics and various pipelines shall not be damaged, nor shall they hinder the planning function of the surface or cause harm to surface buildings and attachments. Before construction, the construction unit shall take measures such as protection or relocation to ensure the safety of the pipelines in all types of pipelines within the land use range. If the underground pipeline is damaged during construction, the underground pipeline property rights unit shall be informed in a timely manner.
Article 24 The survey, design, construction and supervision of underground space engineering construction shall be undertaken by units with corresponding qualifications, and all responsible parties shall fulfill their quality and safety responsibilities and accept quality and safety supervision from government departments. The survey and design, fire protection design, environmental assessment, cultural relics survey, engineering supervision, quality management, completion acceptance and other links involved in engineering construction shall be implemented in accordance with relevant national, provincial and municipal laws and regulations.
Urban underground space buildings need to meet the corresponding national fire protection requirements within the scope of safety protection. If the planning conditions have connection requirements for underground space construction projects, the construction project should have a complete engineering design plan and a connection plan for adjacent buildings.
Article 25 The development and utilization of underground spaces of urban parks and green spaces should meet the relevant requirements of urban green space design specifications, park design specifications, sponge city technical specifications and other relevant requirements. Using the underground space in the ground square, the thickness of the soil covering should be considered in combination with factors such as sponge city targets and planting needs, and should meet load and structural requirements.
Chapter 5 Use management
Article 26 The right holder of underground space shall conduct daily management and maintenance of underground space buildings and facilities (including civil defense projects and civil defense equipment and facilities), establish and improve the safety responsibility system for use, and take measures to prevent fires, floods and various hidden dangers that endanger personal health.
Article 27 The right holder of the underground space shall not arbitrarily demolish or change the main body and load-bearing structure of the underground space, shall not change the prescribed uses of underground buildings (structures) without authorization, shall not damage civil defense equipment, facilities and civil defense engineering protection functions, and shall not have other prohibited acts stipulated by laws and regulations. If violations are violated, the corresponding law enforcement department shall promptly investigate and deal with them. If the underground space of
implements property management, the user and the entrusted property service enterprise shall clarify the responsibility as described in the preceding paragraph in the contract, and the property service enterprise shall assume the obligations stipulated in the preceding paragraph.
Article 28 Due to public interests, the government may collect and requisition underground space in accordance with the law, and the rights holders of underground space shall actively cooperate. The right holder of underground construction land shall provide convenience for the construction of urban infrastructure and public service facilities.
Article 29 Underground space development and utilization projects combined with peace and war should comply with relevant regulations on the management of civil air defense projects when used in normal use. The user shall apply for a civil air defense project daily use certificate, manage and maintain the equipment and facilities of civil air defense projects, and ensure the use function of civil air defense projects. When war readiness is required, unified dispatch shall be obeyed unconditionally, and no unit or individual shall obstruct or interfere. The specific measures shall be formulated by the civil defense department.
Chapter 6 Attachment
Article 30 The development, utilization and management of underground space outside the central urban area can be implemented in accordance with these Measures.
Article 31 This Measures shall come into effect on January 1, 2023.
Source: Xinyang Municipal People's Government Network
