Interim Provisions On The Management Of Underground Space Development In Wuhan City

Original Language Title: 武汉市地下空间开发利用管理暂行规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388883.shtml

Interim provisions on the management of underground space development in Wuhan City

    (April 22, 2013 46th meeting consideration of the people's Government of Wuhan municipality on May 8, 2013, Wuhan municipal people's Government announced order No. 237, come into force on July 1, 2013) Chapter I General provisions

    First to the rational development and utilization of underground space resources, strengthen the management of underground space development and utilization, according to the provisions of relevant State laws and regulations, combined with the city's actual, these provisions are formulated.

    Provisions of this article applicable to the management of urban underground space development and utilization in the planning area.

    Underground spaces in these rules refers to space below the surface in the area of urban planning in the city, including the underground space even built underground and independent. Even underground space refers to the same subject together with surface buildings of underground space development and construction of independent underground space refers to the independent development of underground space.

    Use of municipal roads, parks, public squares and other public land development of underground space as a separate underground space.

    Laws and regulations on national defense, civil air defense, earthquake prevention and disaster mitigation, heritage protection, otherwise provided in situations such as underground space utilization of mineral resources, and from its provisions.

    Article III Administrative Department of planning is responsible for the development and utilization of underground space planning and management.

    The land Administrative Department is responsible for the development and utilization of underground space in land management.

    Construction Administrative Department is responsible for the construction of underground space design review and construction supervision.

    Housing Administrative Department is responsible for the supervision and administration of housing registration and management of underground space.

    Administrative Department of civil defence is responsible for the development and utilization of underground space management involving civil air defense work.

    Environmental protection Administrative Department is responsible for the supervision and administration of underground space development and utilization of environmental protection.

    Urban management and other relevant departments shall, in accordance with their respective responsibilities, management of underground space development and utilization related work.

    Fourth underground space development should carry out unified planning, and combination of peacetime development, rational utilization of principle, adhere to the social, economic, operational and environmental benefits combined, in line with the city's emergency and disaster prevention and civil air defense requirements. Underground space development and utilization should adhere to municipal and public service priorities. Independent underground space shall not separate commercial development.

    Lakes line shall be carried out in addition to urban traffic facilities of underground space development and utilization.

    Chapter II administration of planning

    Article fifth administrative departments shall, jointly with relevant departments of city planning based on urban master planning of underground space development and utilization planning and in accordance with the prescribed procedures for approval. Underground space development and utilization planning should include the following: development and utilization of underground space development strategy, scale, space, prohibit, limit the scope and appropriate development and utilization of underground space, for key areas of underground space planning requirements, building and implementing measures in the near future.

    Among them, are planning mandatory elements shall be stated in the plan text. Sixth special planning of underground space development and utilization of underground space in key areas identified construction plans formulated by the Administrative Department of city planning.

    Construction planning of underground space in key areas, should be based on the development and utilization of underground space planning in construction of underground space in key areas related to planning requirements, clearly within the planning of underground space development, general layout, use of property, building size, vertical height, access, connectivity, tiered content requirements.

    Construction plan should be combined with other sections of the underground space construction projects and organizations according to law.

    Seventh article should stick to the hierarchical principle of reasonable development and utilization of underground space planning administrative departments should be clear ground space of layered between layers and a variety of projects, adjacent and connected regulations.

    Eighth land for construction of underground space planning permission and planning conditions should clear ground space functions, construction, building size, vertical stratification and other control requirements, and construction start and end depths, entrances, connected ways proposed requirements.

    Underground construction project planning permit should be clearly the underground building (structures) horizontal vertical elevation, coordinates, area, functions, public access and access locations, connected between the underground space requirements, and so on.

    Nineth units shall in accordance with the planning and design of underground space development and utilization projects requests for setting conditions, detailed construction planning construction general layout design scheme or clear entrances, specific location of vents, and uses in construction project planning permit applications before the use of surface land, or conclude written with the use of surface land easement contract.

    Development and utilization of underground space hierarchy should be shared entrances, vents, and other facilities.

    Chapter III administration of land

    Tenth the development and utilization of underground space in underground construction land use right shall be obtained.

    Underground construction land refers to land for the hierarchical mode of supply, law net height is greater than the 2.2 meters underground in the construction of buildings (structures) enclosed space of buildings and their external projection covers range of construction land.

    Use of land for construction of the new underground, shall be without prejudice to the established land tenure and usufruct.

    11th underground space development and utilization projects in land supply in accordance with the following provisions:

    (A) list of allocated land, allocation;

    (B) industrial land, management with the same intention to have 2 or more of land, tender, auction or listing should be transferred to;

    (C) subsidiary of underground traffic and other public facilities construction project industry, operating underground, underground construction land use right may agree to be assigned to the users of underground construction projects has been made;

    (D) apart from the tender, auction or listing transferred should be used for, but other modes of land agreement to sell.

    12th these measures in place, built underground space development projects or has made use of the surface land, even built projects, consistent with the premise of planning and land supply in accordance with the following procedure:

    (A) list of allocation of land, can be allocated for land supply procedures;

    (B) does not meet the list of allocated land, approved by the law, agreement to sell.

    13th article of underground construction land use right transfer by agreement, land transfer price of underground construction land, according to no less than when transferring the same dominant function uses, level ground, use fixed construction land market value standard of 30% charge. Through bidding, auction or listing transferred underground construction land, underground construction land for starting price determined according to the provisions of the preceding paragraph.

    Even the underground space development and utilization projects, its starting price in combination with aerial parts into the total starting price.

    Underground construction land transfer price or for the starting price of the specific criteria, stipulated by the Municipal Department of land administration under the actual situation and development, submitted to the municipal people's Government for approval.

    14th independent underground space underground construction land use right of the highest selling period shall be determined according to the provisions relating to land management uses categories respectively.

    Even built underground space project of underground construction with to right uses and surface construction with to right uses consistent of, its land right years consistent; underground construction with to right uses and surface construction with to right uses inconsistent of, its land right years starting years and surface construction with to right years starting years consistent, and according to land management related provides determine of uses category respectively determine land right years, but not over its surface construction with to right of highest years.

    15th shall obtain the underground construction land use right according to law for the transfer and mortgage.

    Government investment construction for underground civil air defense and the allocation made for transfer of the right to use construction land, should ask the consent of the competent administrative Department of civil defence, the Department of land administration in accordance with the approval of the provision have the right of approval of the people's Government; to allocate access to underground construction land use right transfer, the Department of land administration in accordance with the provisions have the right of approval of the people's Government for approval.

    To transfer access to underground construction land, shall, in accordance with terms of the contract of transfer of the right to pay all land transfer, access to land ownership certificate and agreed upon in the contract for assignment of investment development; completed a total investment of more than 25%, you can make the transfer.

    The fourth chapter construction management

    16th construction of underground space development and utilization projects in accordance with existing laws and regulations to manage. 17th underground space development and utilization project construction should a comprehensive survey of the project ground, underground and around the existing building (structure) buildings, municipal facilities, underground pipes, civil air defense projects, cultural relics, valuable and old trees, parks, etc, to take effective measures to ensure safety.

    Construction unit should be established to deal with may cause damage or significant impact on emergency planning and prevention measures, and dynamic monitoring in the construction process.

    18th underground space development and utilization of underground space in projects should be designed to meet the environmental, safety and facilities operation and maintenance requirements, function and design of entrances shall be coordinated with ground construction.

    Construction of underground space development and utilization projects involving underground connecting engineering, first built reserve underground connecting engineering unit shall, in accordance with the professional norms of the interface, then unit should be responsible for the performance of subsequent underground connectivity obligation. 19th underground space development and utilization project of the construction unit shall entrust a qualified design of underground space development and utilization of special design project involves excavation, depth more than 5 m or depth of not more than 5 metres, but geotechnical conditions and the surroundings more complicated construction scheme of Foundation pit engineering design and assessment system.

    Requirements should be based on the design documents and construction, engineering preparation of the construction programme, protective measures should be taken to the surrounding environment.
Involved in drainage and precipitation in construction of shall be made to the water conservancy Administrative Department for water licensing procedures.

    Excavation of Foundation pit surveying, design and construction, water treatment, monitoring of the excavation and earthmoving projects such as digging and filling.

    20th underground space development and utilization projects involved in the investigation and design, environmental assessment, security assessment and monitoring, project management, quality management, records management, in accordance with the provisions of relevant laws and regulations.

    Relevant departments should strengthen supervision and inspection of underground space development and utilization projects.

    Article 21st of underground space development and utilization project design document of construction drawing design review shall make. Underground space development projects must be reviewed by the construction drawing design documents for construction.

    Really necessary to change the design in the course of construction shall be by the original designer to design changes and construction drawing examination pursuant to the files that are changed after construction.

    After completion of the 22nd underground, the construction unit shall go through the acceptance procedure, and follow the transfer project files.

    Administration of registration of property right of the fifth chapter

    23rd underground space development project of real estate title registry, in accordance with the laws, regulations and the registration of real estate legislation, regulations and technical specifications for processing.

    24th underground when the primary registration of right to use construction land, should be based on basic unit according to the comprehensiveness of the land register.

    25th underground construction of land property rights registration and underground space should be in a register and rights stated in the certificate of "underground".

    Registration of civil air defense works in accordance with the civil air defense law and regulations shall apply.

    The sixth chapter the use of management

    Article 26th in addition to development and construction projects in accordance with the planning and construction of underground parking (per), other underground space building (structure) may not be sold Division.

    Underground space building (structures) after registration confirmation of ownership, transfer can be carried out.

    27th article underground space property and facilities of all, and using people should perform underground space property and facilities of daily management and maintenance obligations, established sound maintenance management system and engineering maintenance archives, and according to provides uses for using, guarantees public channel and the out entrance of open, do underground space of logo management and guidelines, and tie City based facilities of maintenance units on related facilities for daily maintenance maintenance.

    Implementation of property management of underground space, in accordance with the building management Ordinance (the State Council order No. 504), Wuhan property management regulations and other rules and regulations shall apply. 28th underground space facilities of the property owners, users should develop contingency plans and organizing drills, and prevent the occurrence of unexpected events, timely report to the relevant departments of emergency information.

    On public open of as production, and business places of underground space and other as public activities places of underground space, should set underground space to drainage, and fire, and ventilation, and lighting, and monitoring, and communications, and logo, security facilities, and equipment, for regularly check, and maintenance, and maintenance, ensure its intact and no obstacles, standing corresponding of emergency rescue material and equipment, for regularly check, and test, and test, ensure foot volume and effective using.

    Implementation of property management of underground space, owner and entrusted with the Realty service enterprise referred to in the preceding paragraph should be accountability be explicitly in the contract, property management service in accordance with the contract to perform their duties. 29th due to public interest, the Government may be imposed by law, the use of underground space, underground space right holder shall actively cooperate with.

    Underground construction land use right shall be for urban infrastructure and public service facilities provide convenient. Article 30th underground space development and utilization projects in peacetime and usually use shall comply with the relevant provisions in the management of civil air defense works, military requirements should obey the unified scheduling, no unit or individual may obstruct or interfere.

    The specific measures shall be formulated by the Administrative Department of civil defence.

    The seventh chapter legal liability

    31st in the exploitation and utilization of the underground space has established by law the usufructuary right, building (structure) caused by obstruction or actual damages, shall bear civil liability. Article 32nd planning, housing, land, construction management, civil protection, urban management and other relevant competent authorities should strengthen supervision and management of underground space development and utilization.

    Any of the following acts, in accordance with the provisions of the relevant laws, rules and regulations shall be punished:

    (A) has not received a construction permit, unauthorized starts construction of underground space development and utilization projects;

    (B) the design files are not in accordance with the provisions of the design review and construction without authorization;

    (C) not in accordance with the engineering design drawings for construction;

    (D) not transferred pursuant to the provisions of project files;

    (V) management of underground space in violation of relevant laws and regulations;

    (F) in accordance with the provisions;

    (VII) other behaviors prohibited by laws, rules and regulations.

    Article 33rd in underground space development and utilization of illegal construction, in accordance with the People's Republic of China, Wuhan City, town and country planning Act, the control and investigation of illegal construction methods, such as the provisions of relevant laws, regulations and rules, shall be ordered to dismantle; cannot be dismantled, confiscated or illegal income, and may be fine with construction cost 10%.

    Article 34th executive staff in the management of underground space development and utilization of dereliction of duty, abuse of authority or engages, by Department or by the sector be given an administrative sanction; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    The eighth chapter by-laws 35th article of the regulations come into force on July 1, 2013, city planning, land, housing, building, civil defence and other competent administrative departments shall, in accordance with these provisions, development of underground space development and utilization planning approval, land supply, registration of ownership, construction management, daily use of the implementation details.