(Issued on December 15, 2011 in accordance with Decree No. 61 of the People’s Government of Guangzhou Municipality, amended for the first time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality and amended for the second time on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

　　Chapter I General Provisions

　　Article 1 In order to strengthen the management of the development and utilization of urban underground spaces, rationally develop and utilize the underground space resources in this Municipality, promote the economical and intensive use of land, and protect the legal rights and interests of underground space owners, these Measures are formulated on the basis of the actual conditions of this Municipality and according to the Property Law of the People’s Republic of China, the Law of the People’s Republic of China on Urban and Rural Planning, and the Land Administration Law of the People’s Republic of China as well as other laws and regulations.

　　Article 2 These Measures shall apply to the management on the development and utilization of underground space in this Municipality.

　　Where laws and regulations have other provisions on the development and utilization of underground space in national defense, civil air defense, disaster prevention, cultural relics protection, mineral resources and other circumstances, such provisions shall prevail.

　　Article 3 The term “underground space” herein refers to the space below the earth surface, including the non-independent underground space and the independent underground space.

　　Non-independent underground space refers to the underground space which is developed and constructed jointly with the aboveground building by the same entity.

　　Independent underground space refers to the underground space independently developed and constructed. Underground space developed by virtue of public land, such as municipal roads, public green spaces, public squares, etc., is regarded as an independent underground space.

　　Article 4 The management on development and utilization of underground space shall implement the principles of unified planning, comprehensive development, rational utilization, safe use and management according to law, and adhere to the combination of social benefits, economic benefits and environmental benefits.

　　The development and utilization of underground space shall give priority to the development of urban infrastructure and public service facilities such as underground transportation, garbage disposal, power facilities, etc., and encourage vertical layered stereoscopic comprehensive development and horizontal related spatial connectivity development.

　　Article 5 The municipal authorities in charge of urban and rural planning, urban and rural construction and land are responsible for the planning management, construction project management, land use and property rights management of underground space development and utilization respectively.

　　Other relevant municipal government sectors and district people’s governments shall fulfill their respective tasks related to the development and utilization of underground spaces within their duty scopes.

　　Chapter II Planning Management

　　Article 6 Underground space planning is an important part of urban planning. Underground space planning shall conform to the national economic and social development planning and the overall urban planning, and be coordinated with civil air defense planning, underground transportation planning, underground pipeline planning and other professional planning.

　　Article 7 According to the needs of urban development, when preparing the overall urban planning, the planning for development and utilization of urban underground space shall be prepared simultaneously.

　　The planning fordevelopment and utilization of urban underground space is special planning of the urban overall plan, which shall be prepared according to the development direction and strategic objectives of the urban overall plan, and the planning period shall be consistent with the urban overall plan.

　　The development and utilization planning of urban underground space shall include the development strategies, functional zonings, land use scale and layout, and transportation system of comprehensive development and utilization of urban underground spaces, the scope of prohibited, restricted and suitable construction of underground space, environmental protection requirements and safety guarantee measures and other related contents; Among them, the mandatory contents of planning shall be clearly stated in the planning text.

　　The planning for development and utilization of urban underground space shall be organized and compiled by the competent urban and rural planning authority, and shall be reported to the People’s Government of Guangzhou Municipality for approval after deliberation by the Planning Committee, and then shall be promulgated and implemented.

　　The planning for development and utilization ofurban underground spaces shall solicit opinions from the development and reform, civil air defense, fire protection, ecological environment, construction, forestry gardens, water affairs, transportation, land, cultural relics, electric power, military affairs, informatization, emergency management, subway and other authorities, and fully listen to the opinions of relevant district people’s governments and town people’s governments.

　　Article 8 In the construction planning of urban underground space, specific provisions shall be made on the development and utilization of urban underground space according to the planning for development and utilization of urban underground space, and the development and utilization scope, nature of use, overall layout, development intensity, location of the entrance and exit, connectivity mode of the underground space, etc. shall be clearly defined.

　　The construction planning of urban underground space shall be examined by the competent urban and rural planning authority and reported to the People’s Government of Guangzhou Municipality for approval.

　　For the blocks with specific provisions made on the development and utilization of underground space in the urban regulatory detailed planning, no urban underground space construction planning shall be prepared.

　　Article 9 The planning of urban underground space shall adhere to the principle of reasonable stratification, and the competent urban and rural planning authority shall clarify the stratification of underground space and the rules of the same layer, adjacency and connectivity between various projects.

　　Article 10 In preparing the underground space planning, priority shall be given to the urban infrastructure and public service facilities such as underground transportation, emergency disaster prevention, fire protection, public safety, civil air defense, garbage disposal, power facilities, communications, water affairs, etc. and the underground space control scope of public and special projects such as comprehensive pipelines shall be delineated.

　　Article 11 The non-independent underground space projects shall be applied to the competent urban and rural planning authority jointly with the aboveground buildings, and the planning approval and licensing procedures shall be handled jointly with the aboveground construction projects.

　　The independent underground space projects shall be applied to the competent urban and rural planning authority for planning approval and licensing procedures separately.

　　Article 12 The planning permission for underground space construction land shall specify the nature of underground space use, horizontal projection scope, vertical space scope, construction scale, supporting requirements for the public construction, and setting requirements for entrances and exits, vents and drains, etc.

　　The planning permission for underground space construction projects shall specify the horizontal projection coordinates, vertical elevation, maximum area of horizontal projection, construction area, use function, location of public passages and entrances and exits, and connectivity requirements between underground spaces, etc.

　　Article 13 The concession distance from the basement sideline of the underground space project to the land use boundary and the planning control line shall conform to the requirements of laws, regulations, rules and technical standards. If urban planning requires the unified construction of underground space, it shall be implemented according to the provisions.

　　Article 14 According to the setting requirements put forward by the planning conditions, the construction developer shall clarify the specific locations of entrances and exits, vents and drains in the general plan of the construction project design scheme, obtain the right to use the surface construction land before applying for the planning permit of the underground space construction project, or enter into a written easement contract with the holders of rights to use surface construction land.

　　For the project that underground spaces are developed and utilized by different floors, entrances, exits, vents, drains and other facilities shall be shared.

　　Chapter III Land Use Management

　　Article 15 For development and utilization of underground space, the right to use underground construction land shall be obtained. The right to use underground construction land shall be obtained in accordance with the provisions of relevant laws and regulations.

　　In addition to meeting the allocation conditions, the right to use underground construction land shall be used with compensation and for a certain period of time. The transfer fee for the right to use the land shall be collected in accordance with the provisions of this Municipality on the collection of land transfer fees, and the transfer period shall be determined in accordance with the provisions of relevant laws and regulations.

　　Article 16 Where the operational independent underground space projects are constructed by virtue of the municipal roads, public green space, public squares and other public land and government reserve land, the right to use underground construction land shall be transferred through bidding, auction or listing.

　　If there are two or more entities intended to use the land of the independent underground social public parking lot, the right to use underground construction land shall be transferred by means of bidding, auction or listing; if there is only one intended land user, it may be transferred by agreements.

　　Article 17 Under any of the following circumstances, the right to use underground construction land may be transferred by agreements:

　　(I) The underground space projects developed and constructed by the original land use right holders with their own land.

　　(II) The operational underground spaces constructed synchronously with the urban underground public transport facilities and unable to be implemented in a divided manner.

　　Article 18 Where the underground space construction projects comply with the allocation conditions stated in the national provisions, the right to use underground construction land may be provided by means of allocation.

　　Article 19 Where the independent underground spaces are obtained through public transfer, the land supply procedures shall be handled in accordance with the following procedures:

　　（1)The planning conditions shall be applied by the reserve institutions to the competent urban and rural planning authority.

　　（2)The public transfer shall be organized by the competent land authority.

　　（3)The transferee and the competent land authority enter into a contract for the transfer of the right to use state-owned construction land.

　　（4)The transferee shall apply to the competent land authority for land registration with the contract for paid use of the right to use state-owned construction land, and obtain the state-owned land use certificate.

　　（5)The transferee shall apply to the competent development and reform authority for project examination, approval and filing.

　　（6)The transferee shall apply to the competent urban and rural planning authority for a construction land planning permit with the contract for paid use of the right to use state-owned construction land and other documents.

　　（7)The transferee shall apply to the competent land authority for the approval letter of construction land with the land registration documents and other materials.

　　The transferee shall complete the environmental impact assessment procedures before handling the construction permit.

　　Article 20 Where the independent underground spaces are obtained by transfer with agreements, the project organization shall go through the land supply procedures in accordance with the following procedures:

　　（1)Apply for project approval.

　　（2)Apply for planning conditions from the competent urban and rural planning authority.

　　（3)Apply to the competent land authority for paid use procedures, and where it can be transferred through agreements, the competent land authority shall issue a pre-announcement of transfer to the public.

　　If there is only one intended land use organization during the pre-announcement period, the competent land authority shall enter into a transfer contract with the intended land use organization; If there are two or more intended land use organizations, the competent land authority shall handle the transfer publicly by means of bidding, auction or listing.

　　（4)Apply for the land registration and obtain the state-owned land use certificate from the competent land authority with the contract for paid use of the right to use state-owned construction land.

　　（5)Apply for and obtain the construction land planning permit from the competent urban and rural planning authority with the contract for paid use of the right to use state-owned construction land and other documents.

　　（6)Apply for and obtain the approval letter for construction land from the competent land authority with the land registration documents and other materials.

　　The transferee shall complete the environmental impact assessment procedures before handling the construction permit.

　　Article 21 Where the independent underground spaces are obtained through the allocation, the project organization shall go through the land supply procedures in accordance with the following procedures:

　　（1)Apply for project approval.

　　（2)Apply for the construction land planning permit from the competent urban and rural planning authority.

　　（3)Apply for the allocation procedures of state-owned construction land from the competent land authority.

　　（4)Apply for the land registration from the competent land authority and obtain the state-owned land use certificate.

　　Land use organizations shall complete the environmental impact assessment procedures before handling the construction permit.

　　Article 22 Where the application is made for the development and utilization of underground space within the scope of individual residential land with legal ownership obtained, it shall carry out according to relevant planning and management measures. In addition, where the holders of the rights to use the surface construction land develop and utilize the underground space of the land within the scope of its land use, the project organization shall go through the land supply procedures in accordance with the following procedures:

　　（1)Apply to the competent development and reform authority for project examination, approval or filing.

　　（2)Apply to the competent urban and rural planning authority for construction land planning permit or planning conditions with the ownership certificate such as the state-owned land use certificate, real estate certificate or collective land ownership certificate for its own land, etc.

　　（3)Apply to the competent land authority for land supply procedures. If the project conforms to the allocation directory, the competent land authority shall issue the allocation decision and the approval letter of construction land. If paid use is required, the competent land authority and the land use organization shall enter into a contract for the transfer of the right to use construction land and issue an approval letter for construction land.

　　（4)Apply to the competent land authority for land change registration and obtain the state-owned land use certificate.

　　The transferee shall complete the environmental impact assessment procedures before handling the construction permit.

　　Article 23 The non-independent underground projects shall go through the land use examination and approval procedures jointly with the above ground buildings.

　　If the construction on development and utilization of underground space requires the temporary use of surface land, temporary land use procedures shall be handled in accordance with regulations.

　　Chapter IV Construction Management

　　Article 24 Underground works construction shall comply with the provisions, standards and norms of national, provincial and municipal construction management, conform to the underground space planning, and obey the planning management.

　　Safety of existing buildings, municipal facilities, civil air defense projects, cultural relics, ancient and famous trees and public green spaces on and around the ground shall be ensured in underground works construction. The construction developer shall make necessary investigations and records on the existing buildings, municipal facilities, underground pipelines, civil air defense projects, cultural relics, ancient and famous trees and public green spaces on the ground and surrounding areas, formulate emergency response plans and preventive measures for that may cause damage or major impact, and carry out dynamic monitoring during the construction process. The construction developer shall inform the property owners or managers of relevant buildings, municipal facilities, civil air defense projects, cultural relics, ancient and famous trees and public green spaces of the protection measures before the underground works start.

　　Article 25 Underground works survey, design, construction, supervision, construction quality inspection, surveying and mapping and other tasks shall be undertaken by companies with corresponding qualification grades.

　　Article 26 Underground works design shall meet the use requirements of underground space in terms of environment, safety, operation and maintenance of facilities, etc. The use function and entrance and exit design shall be coordinated with aboveground works.

　　Construction drawing design of underground works shall include a special article on the protection design of existing buildings, municipal facilities, underground pipelines, civil air defense projects, cultural relics, ancient and famous trees and public green space on the ground and surrounding areas.

　　If the construction of underground space works involves underground connectivity works, the construction developer, the holder of the underground construction land use right or the holder of the aboveground and surface construction land use right shall fulfill the obligation of underground connectivity and ensure that the implementation of connectivity works meets the requirements of professional design specifications such as civil air defense. The first construction developer shall reserve the interface of the underground connectivity project in accordance with the professional specifications, and the later construction developer shall be responsible for fulfilling the subsequent underground works connectivity obligations.

　　Article 27 Preliminary design documents and construction drawing design documents of underground works shall be in accordance with the relevant national and provincial provisions for design review.

　　For the construction drawing design documents that pass the examination, the construction drawing examiner shall issue the examination qualification certificate and report it to the construction authority where the construction project is located for filing.

　　Article 28 The construction developer may carry out underground works construction only after obtaining a construction permit. For non-independent underground construction works, the construction permit shall be applied for together with the aboveground works.

　　When applying for a construction permit, the construction developer shall have specific measures to ensure the quality and safety of the project. The construction organization design prepared by the construction contractor shall have corresponding quality and safety technical measures formulated according to the characteristics of underground works, clarify the protection measures for existing buildings, municipal facilities, underground pipelines, civil air defense projects, cultural relics, ancient and famous trees and public green spaces on the ground and surrounding areas. For highly professional construction projects, special quality and safety construction organization design shall also be provided, and project quality and safety supervision procedures shall be handled in accordance with regulations.

　　Underground works construction within the protection scope of cultural relics protection institutions shall be submitted for approval in accordance with the requirements of laws and regulations on cultural relics protection.

　　Article 29 Underground works shall be carried out in accordance with the design drawings. If it is really necessary to change the design during the construction process, the original designer shall make the design change, and carry out construction according to the changed drawings after passing examination of the construction drawing design.

　　Article 30 After the completion of the underground works, the construction developer shall carry out a joint acceptance check of the construction project as required and hand over the construction project archives.

　　The non-independent underground construction works shall be accepted together with the surface works.

　　Chapter V Registration of Property Rights

　　Article 31 The registration of the right to use underground construction land and the real estate rights of underground space shall be handled in accordance with laws and regulations and the laws, rules and technical specifications of this Municipality on real estate registration.

　　Article 32 For the registration of the right to use underground construction land, the scope of ownership shall be determined with the parcel as a unit, and by horizontal projection coordinates, vertical elevation and maximum area of horizontal projection.

　　Article 33 The holders of underground space rights shall apply for real estate certificates with land use approval, planning and construction application, acceptance, and other land and housing ownership source certificates.

　　The underground spaces built before the implementation of these Measures can be registered for real estate rights with the housing ownership source certificates such as planning and construction application, acceptance, etc. Underground rail transit stations and special civil air defense projects built before the implementation of these Measures can be registered for real estate rights with the construction and acceptance certificates of underground rail transit stations and special civil air defense projects that meet the national requirements.

　　Article 34 For the registration of the right to use the underground construction land and the real estate rights of underground space, one shall indicate “underground” on the register and the right certificate. If it is a civil air defense project, one shall also indicate “civil air defense project”, and the peacetime use shall be specified.

　　Article 35 The non-independent underground space shall be subject to the registration of the right to use the construction land and the initial registration of real estate jointly with its aboveground building. If the aboveground building has already gone through the initial real estate registration, an application may be made for the initial real estate registration separately for the underground space.

　　Chapter VI Use Management

　　Article 36 Underground space buildings shall not be pre-sold, and shall be sold or leased only after the confirmation of ownership by initial registration.

　　The parking spaces and garages planned for car parking in real estate development projects shall first meet the needs of the owners. If the number of parking spots planned for car parking in the project is less than the number of houses in the project, the house purchaser shall only purchase or rent one parking spot planned for car parking in the project per house purchased.

　　Independent underground parking lots shall not be subject to the separate registration or separate transfer.

　　Article 37 The government may expropriate or requisition underground space according to law, and the holders of underground space rights shall actively cooperate with it.

　　Due to the needs of the construction of urban infrastructure and public service facilities, such as national defense, civil air defense, disaster prevention and mitigation, emergency response and communication, etc., the holders of the right to use underground construction land shall provide convenience for the construction developers according to law, and shall not damage the related facilities.

　　Owners and users of underground projects for both peacetime and wartime use shall ensure that all prevention and protective facilities are in good condition and can be put into use quickly in wartime. Upon need of combat readiness, they shall unconditionally obey unified dispatch without obstruction or interference.

　　Article 38 Owners, users or property management organizations of underground space properties and facilities shall carry out daily management and maintenance of underground space properties and facilities, ensure the openness of public passages, entrances and exits, well perform the identification management and guidance of underground spaces, and cooperate with the maintenance organizations of urban infrastructure to carry out daily maintenance of related facilities.

　　Article 39 Owners, users and property management organizations of underground space properties and facilities shall formulate emergency response plans and organize drills to prevent occurrence of emergencies and report emergency information to relevant authorities timely. The underground spaces open to the public as production and business premises and other underground spaces as public activity places shall be provided with the following underground space safety facilities and equipment that shall be regularly checked and maintained to ensure their intactness:

　　（1)Ventilation systems or air conditioning devices that meet the requirements of consumer technical standards.

　　（2)Automatic fire alarm system, automatic fire extinguishing system, smoke control and exhaust system, emergency broadcasting and emergency lighting, and other fire control facilities that conform to the national, industry and the city standards.

　　（3)Waterproof baffles, sandbags and other materials and equipment.

　　（4)The emergency rescue facilities and equipment to be equipped in the underground spaces as required in the emergency response plan.

　　（5)Other underground space safety facilities and equipment required by China, Guangdong Province and Guangzhou Municipality.

　　Article 40 The underground spaces shall meet the requirements of the Standard for Indoor Environmental Pollution Control of Civil Construction Works, and the ventilation, smoke exhaust and sewage discharge and other facilities shall be provided in accordance with the requirements on environmental protection. The air quality of public places shall meet the requirements of sanitary standards of public places.

　　Article 41 For the underground spaces, flood control, drainage and rain and sewage diversion shall be well performed in accordance with the drainage plan.

　　The owners, users and property management organizations of underground space properties and facilities shall abide by the following flood control regulations:

　　（1)Strengthen the shift work and inspection after the meteorological authority gives the rainstorm warning, and deal with the dangerous situations timely after finding such situations.

　　（2)Regularly organize flood control drills.

　　（3)Operate in accordance with the requirements of the flood control plan and obey the dispatching instructions of the flood control headquarters during the flood season.

　　（4)Other provisions of China, Guangdong Province and Guangzhou Municipality on flood control management of underground spaces.

　　Chapter VII Legal Liability

　　Article 42 If the development and utilization of underground space causes obstruction or actual damages to the usufructuary rights, buildings or structures that have been established according to law, corresponding civil liabilities shall be borne according to law.

　　Article 43 In urban/town planning areas, those who fail to obtain construction project planning permits or fail to develop and utilize the underground spaces as required by the construction project planning permits shall be dealt with by the urban management and comprehensive law enforcement authorities in accordance with the provisions of relevant laws and regulations.

　　Article 44 Those with any of the following acts shall be given a warning by the competent construction authority and ordered to make corrections; in the case of severe violation, the competent construction authority shall deal with it according to the provisions of laws and regulations:

　　（1)Start construction and carry out underground works construction without receiving the construction permit.

　　（2)Fail to formulate emergency response plans and preventive measures and carry out dynamic monitoring in accordance with the requirements of Article 24 herein.

　　（3)Construct without authorization as the design documents are not subject to the design review as required.

　　（4)Fail to construct in accordance with the construction design drawings.

　　（5)Construct without authorization as the design change is not subject to design review as required.

　　（6)Fail to report to the competent construction authority for filing after passing the special acceptance check.

　　（7)Fail to hand over the construction project archives to the competent construction authority as required.

　　Article 45 Whoever, in violation of the provisions of the first paragraph of Article 36 herein, sells or rents underground space constructions without confirmation of ownership by the initial registration shall be given a warning by the competent land authority, ordered to make corrections, and return the illegal income, which shall be exposed on the website and news media at the same time; Illegal acts shall be recorded in the credit files and reported to the relevant authorities.

　　Article 46 If the owners, users or property management organizations of underground spaces violate the provisions of Article 38 herein by failing to perform their daily management and maintenance obligations and violate the property management regulations, the competent land authority shall give a warning and order them to make corrections; in the case of severe violation, the competent land authority shall deal with it according to the provisions of laws and regulations.

　　Article 47 If the relevant authorities and their staff violate the provisions herein by failing to perform their duties according to law, the competent authorities shall order them to make corrections, and the responsible leaders and directly responsible persons shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

　　Chapter VIII Supplementary Provisions

　　Article 48 Where these Measures do not provide for the development and utilization of underground space, the provisions of relevant laws, regulations and rules shall apply.

　　Article 49 These Measures shall come into force on February 1, 2012.