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Guiding Opinions of the Ministry of Natural Resources on Exploring and Promoting the Development and Utilization of Urban Underground Space


Guiding Opinions of the Ministry of Natural Resources on Exploring and Promoting the Development and Utilization of Urban Underground Space

Natural Resources Development [2024] No. 146


To the natural resources authorities of all provinces, autonomous regions, and municipalities directly under the central government, and to the Natural Resources Bureau of the Xinjiang Production and Construction Corps:

 

  In order to implement the spirit of the 20th National Congress of the Communist Party of China and the Second and Third Plenary Sessions of the 20th Central Committee, and to carry out the “Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Comprehensively Strengthening Resource Conservation,” we will coordinate and advance the rational development and utilization of urban underground space, fully tap the potential of underground resources, enhance the precision and efficiency of land‑use allocation, provide greater room for development in areas with comparative advantages, strengthen cities’ overall carrying capacity, and promote high‑quality economic and social development. Accordingly, the following opinions are hereby put forward to further explore and advance the development and utilization of urban underground space.

 

  I. General Requirements

 

  Promoting the rational development and utilization of urban underground space should be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, with the goal of optimizing the allocation and enhancing the efficient use of urban underground resources. This requires refining land‑management policy frameworks, strengthening planning‑driven approaches, improving the supply system, bolstering property‑rights protection, and enhancing monitoring and oversight. By establishing and perfecting a comprehensive policy framework for the development and utilization of urban underground space, we can explore and advance its orderly development and use, thereby providing spatial support and essential guarantees for high‑quality economic and social development. The development and utilization of urban underground space must adhere to the following principles:

 

  Adapt to local conditions and pursue orderly development. The development and utilization of urban underground space should be aligned with the city’s stage of development, functional positioning, and spatial layout, while fully taking into account natural environmental factors such as geology and hydrology, as well as requirements related to environmental protection, cultural heritage preservation, flood control and drainage, and seismic resistance. Efforts should be made to minimize risks from natural disasters, clearly delineate areas suitable for development and utilization, as well as those subject to restrictions or prohibitions, and rationally determine the sequence of development and utilization.

 

  Integrated planning and categorized guidance. Underground space shall be planned in coordination with surface and above‑ground spaces, aligning with related plans for civil defense, transportation, flood control, and drainage, and properly managing adjacent‑property relationships. On the basis of thorough safety considerations, clear access requirements must be established, and a system of categorized guidance implemented. As needed, the state‑owned land use rights for underground space and easements, among other rights, shall be established in accordance with the law, while strengthening oversight throughout the entire process of plan implementation.

 

  Public priority and integrated utilization. Prioritize public interests in the development and use of underground space, strengthen requirements for building urban underground spaces that are safe and resilient, serve the public good, accommodate both routine and emergency needs, and integrate peacetime and wartime functions. Implement vertical, layered, three-dimensional, and comprehensive development, as well as horizontal, interconnected spatial planning, while upholding safety and environmental protection to promote multifunctional, mixed‑use applications. Government guidance and market‑driven operation. Enhance government leadership, refine incentive and support policies, emphasize the market’s role in allocating resources, and encourage business entities to participate in the development and utilization of underground space.

 

  Over approximately five years, we will work to further refine the underground space planning systems in key cities that possess favorable natural conditions for development and utilization, demonstrate strong demand, and maintain high levels of management. This will result in a more comprehensive policy framework, steadily expanding development and utilization scales, enhanced safety throughout the process, and continuously strengthened capacity to safeguard territorial space, thereby providing stronger institutional support for high-quality economic and social development and robust security.

 

  II. Strengthening Coordinated and Guiding Urban Underground Space Planning

 

  (1) Conduct a comprehensive survey and evaluation of urban underground space resources. All localities shall conduct comprehensive surveys of underground space resources in accordance with unified standards and requirements, and update the data on an ongoing basis. A technical and standard framework for underground space resource surveys should be established, making full use of new technologies and methods such as remote sensing, geophysical exploration, IoT‑based sensing, and ground‑based digital surveying. Efforts should be strengthened to enhance urban geological baseline investigations, thoroughly mapping urban geological conditions and the distribution of seismically active faults, and developing three‑dimensional geological and tectonic models of seismic activity to prevent the occurrence and triggering of urban geological hazards. Regional groundwater level monitoring and impact assessments must be intensified. The current utilization status and ownership relationships of existing municipal infrastructure, civil defense facilities, and other structures in urban underground spaces, as well as the distribution of cultural relics, should be clarified. A comprehensive evaluation system for underground space should be developed; based on a holistic set of indicators covering all relevant factors, this system will scientifically assess the environmental carrying capacity of underground space resources, the characteristics of natural hazard impacts, the suitability of underground space development, and associated safety risks, thereby defining the scale, quality, and three‑dimensional spatial configuration of exploitable resources and laying a solid foundation for their rational development and utilization.

 

  (II) Accelerate the preparation of relevant territorial spatial plans. Localities shall, in accordance with their functional zoning and in light of urban development needs, fully take into account natural conditions—such as underground space capacity, hazard impacts, and geological and hydrological factors—as well as cultural factors—including cultural relics and historic sites—and, within the framework of the National Territorial Spatial Master Plan (hereinafter referred to as the “Master Plan”), set forth objectives for urban underground space development, seismic design requirements, spatial layout guidelines, priority areas, and coordinated, interconnected management and control measures. All such efforts must be premised on safety, environmental protection, and sustainable utilization; they should delineate protective and utilization‑related control zones for underground space, propose differentiated regulatory and guiding measures, and strengthen the safety and resilience of underground space development. Localities are encouraged to develop specialized plans for the development and utilization of urban underground space tailored to their specific conditions, with the resulting outcomes incorporated into the Detailed Territorial Spatial Plan (hereinafter referred to as the “Detailed Plan”) and properly aligned with other sector‑specific plans addressing underground space development and utilization. For underground spaces slated for development and use, the Detailed Plan shall specify planning control indicators and requirements regarding underground functions and facilities, development intensity, depth, boundaries, and construction scale; it shall also set forth connectivity criteria and methods that meet safety standards, as well as provisions for integrated above‑ and below‑ground space utilization and functional coordination. Furthermore, it should establish safeguards and control requirements for underground municipal infrastructure and ensure proper planning coordination for components constructed at different times. Priority should be given to metropolitan clusters, urban agglomerations, and regions experiencing net population inflow in areas where conditions are favorable to preparing urban underground space plans.

 

  (3) Explore the integrated utilization of urban above-ground and underground spaces. Closely integrate the development of “dual-use” public infrastructure for both peacetime and emergency needs, the redevelopment of inefficient urban land, and the revitalization and efficient utilization of existing land resources. Coordinate the spatial planning of key infrastructure projects, such as rail transit, explore tiered urban space planning and multi‑functional resource utilization, and promote the optimization of urban functional layouts and the coordinated use of above‑ground and underground spaces. Encourage the construction of underground public parking facilities in urban green spaces, plazas, and bus terminals, provided they comply with safety standards and comprehensive transportation planning requirements. Underground space development projects should, wherever possible, avoid impacting immovable cultural relics and their protection zones.

 

  III. Improving the Policy Framework for the Supply of Land for Urban Underground Space Development

 

  (1) Clarify the access requirements for underground spaces. Underground space should be planned and laid out in a scientific and rational manner to accommodate urban infrastructure and public facilities, including underground transportation, emergency response and disaster prevention systems, civil defense projects, integrated utility tunnels, and environmental protection measures. The development of commercial, warehousing, and logistics facilities is encouraged, while the siting of residential, school, childcare, and elderly‑care projects is prohibited. Local authorities shall clearly define the scope of control over urban underground space and reserve adequate space for the construction of public facilities such as underground transportation networks. For major national and provincial projects that require the use of deep underground space, local governments are supported in exploring the establishment of underground state‑owned land‑use rights—without altering the existing surface land‑use patterns or land‑use designations—for development and construction purposes.

 

  (II) Standardize the methods for supplying underground space. The supply of state-owned construction land in underground spaces shall be handled in accordance with the methods and procedures applicable to the supply of surface‑level state‑owned construction land. However, where any of the following circumstances apply, the land may be supplied through negotiated transfer (or lease):

 

   1. Where the holder of a state-owned construction land use right on the surface utilizes its own land to develop and construct underground space projects;

 

  2. Commercial underground spaces that are constructed concurrently with and integral to urban underground public transportation facilities, and which cannot be developed separately;

 

  3. Underground passageways within and between parcels;

 

   4. Other circumstances that meet the requirements for negotiated transfer (lease).

 

  For land supplied through transfer of use rights, the term of land use shall be determined in accordance with the law and on a reasonable basis, taking into account the land’s intended use, planning implementation requirements, and its relationship to the surface‑level state‑owned construction land use rights.

 

  (3) Implement differentiated land-price support policies. Where the right to use state-owned construction land in underground space is obtained through assignment or lease, the land premium (or rent) shall be calculated on a tiered basis. Local authorities may, based on the local benchmark land price and actual real estate transaction data, conduct an appraisal to determine the price of such rights, while fully accounting for cost differentials and applying preferential policies that provide for a downward‑graduated land price. Unless otherwise stipulated by local regulations, land premiums (or rents) may be reduced or exempted for underground levels three and below.

 

  For underground spaces where surface-level state-owned construction land use rights have already been established, if such spaces are allocated through the allocation system and developed independently, no land premium shall be charged. With respect to underground spaces within public administration and public service land, as well as parks and green spaces, where non‑profit underground parking facilities providing public services are constructed, no land premium may be levied; however, the underground parking spaces may not be sold in separate parcels or leased in lieu of sale.

 

  IV. Standardizing Planning and Management of Urban Underground Space Construction Projects

 

  (1) Standardize the management of planning permits. When undertaking construction projects utilizing underground space, planning permits shall be obtained in accordance with the relevant provisions of the Urban and Rural Planning Law of the People’s Republic of China. Where a separate state‑owned land use right for underground space is established, separate planning permit procedures may be pursued for the underground and surface portions. Prior to land supply, the intended land use must be clearly defined in the detailed plan, and planning conditions must be specified, including the location of the underground space, its spatial boundaries, depth, scale of development, intended use, requirements for ancillary facilities, and connectivity arrangements. If the detailed plan fails to set out specific planning control indicators and requirements for the development and utilization of underground space, a planning study shall be promptly conducted—prior to land supply—in line with the overall plan and relevant special plans, to determine the necessary planning requirements for the underground space, incorporate them into the detailed plan, and, on that basis, formulate clear planning conditions and development‑and‑construction requirements. Construction projects in underground space shall comply with statutory requirements regarding the layout of public fire‑fighting facilities, flood‑control and drainage‑seepage‑prevention systems, as well as applicable engineering technical standards; where such projects fall within the scope of cultural heritage protection or construction control zones, the opinions of the competent cultural heritage administrative authorities shall be sought in accordance with the law.

 

  (II) Optimize the planning permit procedure. Where the use right to state-owned construction land in underground space is allocated by way of assignment, the Construction Land Planning Permit and the Decision on the Assignment of State-Owned Construction Land may be issued concurrently; where it is allocated through transfer (lease), the Construction Land Planning Permit may be issued upon conclusion of the transfer (lease) contract. If the design scheme for a construction project complies with the detailed planning and relevant planning requirements, the Construction Project Planning Permit shall be issued in accordance with the law.

 

  V. Improving the Management of Property Rights in Urban Underground Space

 

  (1) Standardize real estate registration for underground spaces. The registration of land-use rights for underground space shall be conducted on the basis of each real estate unit, with its scope defined by the horizontal projection coordinates, vertical elevation limits, and maximum horizontal projection area as specified in the State-owned Construction Land Allocation Decision and the paid‑use contract together with their accompanying maps. Real estate registration shall be carried out in accordance with applicable laws and regulations. Regions that are so equipped are encouraged to explore the implementation of three-dimensional cadastral management.

 

   1. For underground space supplied as an integral part of the surface‑level state‑owned construction land use right, the land‑rights type shall continue to be registered in accordance with the law as a state‑owned construction land use right, and the method of establishing such rights shall be recorded as “surface.”

 

  2. For separately established underground spaces, the land use right for state-owned construction land shall be registered as a state-owned construction land use right, with the method of establishing such right recorded as “underground.”

 

  3. Where underground space is utilized in accordance with the law for the construction of buildings or structures under a state-owned land-use right, registration shall be processed by reference to the provisions governing condominium ownership. In principle, the area of the state-owned land-use right for underground space shall not be apportioned; if apportionment is indeed necessary, it shall be allocated based on the floor area of the underground space.

 

  (2) Promote the completion of relevant procedures for already constructed underground spaces. For state-owned construction land use rights for underground spaces that have been completed and passed竣工验收, if they comply with the detailed planning, the relevant land-use procedures shall be duly finalized in accordance with the law. Specifically, where the use falls within the catalog of allocations, the necessary procedures shall be supplemented through allocation; where it does not fall within that catalog, such procedures may be supplemented through negotiated land transfer. Where the state-owned construction land use right for underground space is re‑established via land transfer, the commencement and expiration dates of the transfer shall be determined as follows: if the original contract contains specific provisions, those provisions shall prevail; if no such provisions exist, the term shall be calculated from the date of issuance of the construction permit, with the termination date not exceeding the maximum transfer period applicable to the designated land‑use category, and shall be aligned with the remaining term of the corresponding surface‑level state‑owned construction land use right, being incorporated into the contract or a supplementary agreement.

 

  (3) Clarify the rights and powers associated with the use of land for underground space development. The right to use state-owned construction land in urban underground space is established upon registration. The relevant rights to use such land and the ownership of buildings and structures shall be registered in accordance with the law, and may be transferred, leased, or mortgaged in compliance with applicable laws.

 

  VI. Guarantee Mechanisms

 

  (1) Strengthen organizational leadership. Local natural resources authorities shall strengthen coordination with relevant government departments and, in accordance with their respective responsibilities, jointly advance the planning, implementation, development, and utilization of underground space resources. Where conditions permit, localities may, based on their specific circumstances, formulate or revise pertinent local regulations and standards.

 

  (II) Improving the regulatory mechanism. Strengthen requirements for safeguarding the safety baseline and rigorously enforce planning conditions; no entity or individual may, without approval, unilaterally alter the intended use, planning parameters, or land‑use designation of underground spaces. Enhance dynamic oversight of contract compliance to ensure development and utilization are conducted in accordance with applicable regulations and contractual obligations. Strengthen inter‑agency coordination, establish a mechanism for sharing regulatory information, and foster a concerted regulatory effort.

 

  (3) Strengthen information technology support. Establish and improve mechanisms for the collection, query, and updating of underground space data. Information on the current baseline map and inventory of underground spaces, comprehensive resource assessments, planning data, approval and supply records, planning permits, and planning verification shall be promptly integrated into the land and spatial planning “single-map” implementation and supervision information system.

 

Ministry of Natural Resources

July 31, 2024


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