Notice of Guangzhou Nansha New Area Pearl Bay Development Authority, Nansha Branch of Guangzhou Municipal Planning and Natural Resources Bureau, Nansha District Bureau of Housing and Urban-Rural Construction of Guangzhou Municipality, Administrative Examination and Approval Bureau of Guangzhou Nansha Economic and Technological Development Zone, Guangzhou Nansha New Area Industrial Park Development Authority on Issuing the Management Measures for the Planning and Construction of the Overground Corridors in the Starting Area of Nansha Pearl Bay (for Trial Implementation)

Management Measures for the Planning and Construction of the Overground Corridors in the Starting Area of Nansha Pearl Bay (for Trial Implementation)

Chapter I General Provisions

Article 1: Objective of Formulation

According to the Law of the People's Republic of China on Land Administration, the Regulations for the Implementation of the Law of the People's Republic of China on Land Administration, the Construction Law of the People's Republic of China, the Management Measures for the Examination and Approval of Construction Land, the Technical Regulations of Guangzhou on Urban and Rural Planning, the Regulations of Guangzhou Municipality on Urban and Rural Planning Procedures, the Regulations on Establishment and Operation of Guangzhou Nansha New Area Pearl Bay Development Authority and other relevant laws and regulations, in order to further strengthen the planning, construction, and management of the urban overground corridors and strengthen the connectivity and convenience between plots, these management measures are hereby formulated in light of the realities of Nansha Pearl Bay.

Article 2: Applicability

These management measures apply to the overground corridors invested and constructed by enterprises and other organizations (hereinafter referred to as investors) with non-governmental funds in full and handed over after completion within the starting area of the Pearl Bay. The overground corridors invested and constructed with governmental funds within the starting area of the Pearl Bay shall be subject to relevant management regulations.

The overground corridors mentioned herein refer to the non-profit three-dimensional public pedestrian space located on or above the second floor, separated from the ground pedestrian system by certain engineering measures, and open to the public  24 hours a day. Construction of the overground corridors includes but not limited to new construction, reconstruction, and expansion.

Article 3: Basic Principles

The planning and construction management of the overground corridors within the starting area of the Pearl Bay shall follow the principles of planning first, safety and order, law-based approval, seamless connection, and unified management; they shall also comply with the management regulations on urban planning, public security, traffic, fire protection, city appearance,  city environment, and the requirements of relevant technical specifications to ensure the normal operation of various facilities and equipment.

Article 4: Construction Mode

If the overground corridors are located within the red line area of a plot held by the investors, the investors shall incorporate the overground corridors into the plot development project for joint organization and implementation in accordance with the requirements of the transfer contract for state-owned construction land use rights and other documents. If the overground corridors are located outside the red line area of the plot held by the investors, the construction thereof is generally carried out by cooperation and shall be subject to the approval process of the social investment construction projects. The design, supporting construction, and completion shall go in step. If the project is implemented by stages, the overground corridors shall be preferentially implemented at the same time as the first phase of the main project.

In principle, the investors and Nansha development zone (district government) shall designate an area management organization (the management department for the development and construction of the Pearl Bay, hereinafter referred to as the Pearl Bay management department) to jointly carry out the construction of overground corridors by signing joint construction agreements.

Article 5: Division of Responsibilities

(I) Pearl Bay management department:

1. Being responsible for plan formulation and urban design involving overground corridors within its jurisdiction together with the district planning and natural resources management department;

2. Organizing the regional urban chief designer and other technical entities to review the design scheme of each stage of the overground corridors applying for approval and construction;

3. Organizing the investors to make the construction application and get approval for the overground corridors in accordance with relevant laws, regulations, rules and other normative documents, organizing the signing of joint construction agreements, and forming a joint construction body with the investors;

4. Supervising the contents of planning permission during the construction of overground corridor project, and stopping and reporting any illegal construction in time;

5. Organizing the investors to handle the joint acceptance, property right transfer and confirmation of the overground corridors;

6. Conducting unified management, supervision, and inspection of the overground corridors;

7. Improving the coordination mechanism and coordinating relevant departments to perform their duties of supervision, approval and management according to law.

(II) Nansha branch of Guangzhou municipal planning and natural resources bureau (hereinafter referred to as the “district planning and natural resources department”):

1. Drawing up the planning conditions of overground corridors with the Pearl Bay management department;

2. Incorporating the requirements and design essentials of the overground corridors needed by or connected to the land plot to be transferred, into the plot planning conditions and the transfer contract for state-owned construction land use right;

3. Reviewing and approving the design scheme of the overground corridor projects;

4. Issuing the Planning Permit of Construction Projects and guidance, supervision and inspection of the implementation after approval, etc.;

5. Verifying planning conditions and handling the Real Estate Property Right Certificate.

(III) Administrative examination and approval bureau of Guangzhou Nansha economic and technological development zone (hereinafter referred to as the district administrative examination and approval bureau):

1. Handling the registration of overground corridor construction projects in accordance with the requirements of Management Measures for the Approval and Registration of Enterprise Investment Projects, the Management Measures for the Approval and Registration of Foreign-invested Investment Projects, and the Regulations on the Management of Approval and Registration of Enterprise Investment Projects;

2. Issuing the Building Permit of Construction Project.

(IV) The district departments of development and reform, housing and urban-rural construction (transportation), public security, water affairs, urban management, comprehensive law enforcement, emergency management and so on shall do a good job in the development and construction management of the overground corridors according to their respective responsibilities.

(V) Regional chief urban designer (hereinafter referred to as the regional chief designer):

1. Assisting the Pearl Bay management department and the district planning and natural resources department to carry out planning and formulation of overground corridors and other city slow traffic systems;

2. Providing key points of planning conditions for overground corridors at the stage of land transfer;

3. Assisting the Pearl Bay management department to provide scheme review opinions at each stage of the approval and construction application of the overground corridors;

4. Other requirements shall be implemented in accordance with the Measures for Whole-process Management of Regional Chief Urban Designer of Guangzhou Nansha New Area Pearl Bay Development Authority.

(VI) Investors:

Determining the survey, design, construction management, supervision, construction, testing, and other organizations required for the overground corridor construction project in accordance with relevant provisions of the state, province, city, and Nansha district, organizing the implementation of preliminary planning, design and construction, and being responsible for communication, gas and other pipelines.

Chapter II Planning Management

Article 6: Planning Conditions and Transfer Requirements

Before the transfer of the use right of state-owned land, the district planning and natural resources department shall, together with the Pearl Bay management department, clarify the design requirements of the overground corridors in the planning conditions of the land to be transferred, including the spatial location of the planned land for the overground corridors (including horizontal projection, vertical elevation, etc.), the external structures' requirements on the connection and reservation, etc.

For level-2 land development projects involving the construction of overground corridors, when the district planning and natural resources department signs a transfer contract of the use right of state-owned construction land with a transferee, the planning conditions shall be regarded as an integral part of the transfer contract for state-owned construction land use right; in addition, it shall be clearly stipulated in such contract that the relevant investors shall fully make allocation and build the overground corridors connected to the plot, and a joint construction agreement on joint construction of the overground corridors shall be signed with the Pearl Bay management department.

Where the state-owned land use right of the transferred plot has been obtained while construction of the overground corridors is not stipulated in the transfer contract for state-owned construction land use right, the investors are encouraged to follow these Measures.

Article 7: Land Allocation Management

If the ownership subject of some urban facilities is inconsistent with the area management subject, after the ownership subject has applied for relevant procedures as required, the relevant departments of the district shall be responsible for allocating the urban facility land within the starting area of the Pearl Bay to the Pearl Bay management department according to procedures.

If the allocation is not consistent between the ownership subject of urban facilities and the area management subject, after signing the joint construction agreement with the adjacent municipal road ownership entity, the investors can start the application for construction with reference to the procedures specified in these management measures.

Article 8: Construction Subject

After obtaining the state-owned land use right, the investors shall first organize research on the construction scale and investment estimation of the overground corridors (which shall not be less than the depth of the project feasibility study), and submit written commitment documents covering such as construction funds and property right transfer to the Pearl Bay management department. After being reviewed and approved by the Pearl Bay management department, a joint construction agreement shall be signed with relevant investors to form a joint construction body to jointly carry out the construction of overground corridors.

Article 9: Agreement Signing and Requirements

Where the investors of the overground corridors are definite, the Pearl Bay management department shall, in a timely manner, organize the relevant investors to sign the joint construction agreement within three months after the delisting of the plot, specify the overall configuration requirements, construction subject, construction period, construction standards, cost requirements, delivery requirements, management, operation and maintenance, service life, property right transfer, etc. of the overground corridors.

Article 10: Scheme Design

The investors who first obtain the state-owned land use right shall first design the overground corridor scheme according to planning conditions and landscape style management requirements of the starting area of the Pearl Bay; they shall, in a separate chapter, describe and clearly mark the red line range of each owner on the construction application drawings. The type, scale, and construction sequence of the overground corridors agreed in the contract of use right transfer of the state-owned construction land shall not be changed at will; however, if any change thereto is necessary, an agreement on the change of the contract for use right transfer of the state-owned construction land shall be signed with the consent of the administrative department of land and resources and planning, while the scale shall not be changed.

If the design requirements for the overground corridors are not specified for the transferred plot, or if any relevant organization proposes to build a new overground corridor, the relevant investors shall directly prepare the architectural engineering design scheme. After the stakeholders of the Pearl Bay management department and the regional chief designer make an examination and agree to handle the project filing, it is applicable to apply to the district planning and natural resources department for examination of construction engineering design scheme in accordance with these management measures.

Article 11: Design Sequence Management

If the two ends of the overground corridors are both level-2 land development projects but with different developers, the overall construction design scheme, in principle, should be provided by the developer who acquires the right to use the state-owned land first (subject to the time of signing the transfer contract for state-owned construction land use right). Where the construction of multiple investors coincides, the Pearl Bay management department shall coordinate them in overall planning and consult the regional chief designer about technical problems. The specific implementation shall be subject to the joint construction agreement.

Article 12: Regional Chief Designer Review

The regional chief designer shall review the overground corridor design scheme at each stage including third-party consultation, construction design proposal, construction planning permit, and planning condition verification. After obtaining the replies from the regional chief designer, the investors shall submit the approved scheme (including the stamped drawings) to the relevant department for approval.

Article 13: Joint Review Opinions

After the investors have perfected the overground corridor design scheme, the Pearl Bay management department shall organize the district departments of housing and urban-rural construction, planning and natural resources, water affairs, etc. to conduct a joint review on the overground corridor design scheme. The opinions raised at the meeting will be summarized into the joint review opinion and government departments may use it as the basis for examination and approval to improve administrative efficiency.

Article 14: Project Registration

Upon the approval by the Pearl Bay management department, investors, as the project organizers, and the Pearl Bay management department, shall register with the district administrative examination and approval bureau for the construction projects located outside the red line area of the plot held by the investors, in accordance with the Management Measures for the Approval and Registration of Enterprise Investment Projects, the Management Measures for the Approval and Registration of Foreign-invested Projects, and the Regulations on the Management of the Approval and Registration of Enterprise Investment Projects.

For projects to be built within the red line area of the plot held by the investors, the investors shall go through the project registration procedures as required.

Article 15: Application for Construction Design Scheme Review

The overground corridor design scheme should be presented in the general technical plan. Upon the approval by both the Pearl Bay management department and the regional chief designer, all related units shall separately apply for design scheme review with the district planning and natural resources department based on the red line areas of their plots.

For the efficient construction of all projects and a stable overground corridor design scheme, except due to objective reasons such as construction coordination issues between adjacent plots, no change is allowed to the approved design schemes. If modification is indeed necessary, the involved investors shall submit an application to the Pearl Bay management department and can only modify according to the procedures after the administration's approval.

Article 16: Application for Planning Permit of Construction Project

For projects that have passed the construction design review and approved by the regional chief designer, their applications for construction are preferably submitted at the same time as that of the first phase of the main project. All related units shall separately apply for the Planning Permit of Construction Project with the district planning and natural resources department based on the red line areas of their plots.

Chapter III Construction Management

Article 17: Application for Building Permit of Construction Project

Upon approval by the Pearl Bay management department, the investors shall collect all relevant materials and apply with the district planning and natural resources department for the Building Permit of Construction Project (including the registration of quality and safety supervision) for the overground corridors within and outside the red line areas of their plots.

Article 18: Safety Responsibilities

As the construction units, the Investors shall assume major responsibility for the quality and safety of the projects. A life-long responsibility system shall be fully implemented to ensure quality and safe construction.

Article 19: Construction Costs

If the two ends of the overground corridors are development plots with different developers, the investors shall bear the costs of construction and construction application for the part from the central line (point) of the corridors to their respective buildings. If one end of the overground corridor is a development plot and the other is not, the investors are encouraged to build a supplementary corridor. The specific arrangements shall be subject to the transfer contract for state-owned construction land use rights and the joint construction agreement.

If the overground corridors are not part of any level-2 land development project and need to be constructed separately, they shall be handled in accordance with other relevant procedures.

Article 20: Construction Sequence

If both ends of the overground corridors are level-2 land development projects and the developers are different, the investor who later obtains the state-owned land use rights shall connect and summarize the corridor design scheme and be responsible for overall construction and implementation. If multiple investors are involved in the construction at the same time, the Pearl Bay management department shall coordinate them in unified development and construction. Investors who obtain state-owned land use rights first shall ensure that they cooperate with the construction and reserve interfaces in accordance with relevant technical standards and professional specifications (the corridors shall not be suspended or cut off); the investor who obtains the right to use state-owned land later shall ensure that the overground corridors are seamlessly connected. The specific agreements shall be subject to the joint construction agreement.

Article 21: Construction Requirements

The investors shall strictly abide by the requirements of the transfer contract for state-owned construction land use right and the joint construction agreement, and ensure that the construction of the overground corridors is completed on time and with good quality in accordance with relevant technical specifications, technical standards and agreed requirements. The investors shall carry out the construction strictly in accordance with the Planning Permit of Construction Project, perform and assume the corresponding responsibilities on project quality and construction safety in accordance with the law, and do a good job in the on-site traffic organization plan and safeguard measures during the construction period.

Article 22: Joint Inspection and Acceptance

If both ends of the overground corridors are development plots and the developer are different, the investor who later obtains the state-owned land use right shall be responsible for the overall inspection and acceptance procedures. The overground corridors can be checked and accepted in stages with the single buildings in the plot, and the relevant units shall go through the completion check and acceptance as required based on the red line area of their respective plot.

Chapter IV Operation and Maintenance Management

Article 23: Project Handover

After the project has been checked and accepted by relevant departments of the Nansha district people's government, the relevant investors shall apply in writing to the Pearl Bay management department within one year to hand over the renovated overground corridors outside the red line of their plot. They shall be responsible for the maintenance work of the corridors and bear the corresponding expenses. The investors shall, within 2 months from the date of obtaining the construction project planning acceptance certificate, notify the Pearl Bay management department in writing to accept it.

The Pearl Bay management department shall not increase the acceptance conditions, demand a larger construction area, and improve the decoration standards. It shall organize personnel to verify the construction of the overground corridors within one month from the date of receiving the written handover notice and the planning acceptance document, and sign an agreement with the investors on the handover and acceptance of the overground corridor facilities within six months. The handover and acceptance agreement shall specify the handover time of the supplementary corridors and a list of handover materials.

The investors shall, within three months from the date of signing the overground corridor handover agreement, hand over the corridor's land use data, construction plans, construction drawings, and acceptance documents to relevant departments.

Article 24: Ownership of Property Rights

The property rights of the overground corridors (including horizontal and vertical space) outside the red line area of the plot held by the investors shall be owned by the government. After the investors hand over the corridors outside the red line area of their plot, they shall assist the relevant departments in handling the property right registration procedures for such part of the corridors, and apply for the Real Estate Ownership Certificate to the Nansha district real estate registration center in the name of the owner of the urban facility.

Article 25: Operation Management

After the overground corridors have been checked and accepted by the relevant departments, in accordance with the principle of “nearby operation and maintenance, and unified management”, the relevant investors shall be responsible for the maintenance and management of the overground corridors, shall fulfill and assume corresponding public safety responsibilities in accordance with laws, prepare contingency plans and guarantee measures during the operation, and accept the unified management of the Pearl Bay management department. There are three specific situations:

If both ends of the overground corridors are level-2 land development projects and the developers are different, in principle, the two developers shall negotiate the responsible person for operation and the sharing of operating costs; they shall assume the operational responsibilities and cost for the part from the central line (point) of the corridor to their respective buildings.

If one end of the overground corridors is a level-2 land development project or both ends are developed by the same investor, the investor shall be responsible for the operation and management and bear the operating costs.

If the overground corridors are not part of any level-2 land development projects and need to be constructed separately, they shall be handled in accordance with other relevant procedures.

The second and third paragraphs above shall be subject to the transfer contract for state-owned construction land use rights and the joint construction agreement.

Article 26: Transfer Responsibilities

Buildings on the overground corridors shall not be presold, and no divisional registration, transfer, sale, realization, auction, or mortgage thereof is allowed. If the plot and the building attached to the overground corridors are transferred as a whole, the investors shall continue to perform the design, construction, maintenance, management, and operation obligations of the overground corridors after such transfer in accordance with the relevant contract.

Article 27: Supervision and Inspection

The investors shall carry out daily management and maintenance of the overground corridors as required by the government departments, and regularly inspect, maintain and update facilities and equipment such as fire protection, safety, emergency response, ventilation, and lighting, to ensure the safe and smooth operation of the passage. Such work shall be subject to the supervision and assessment by the Pearl Bay management department.

If relevant investors violate these management measures and other laws and regulations, relevant departments shall order them to make corrections in accordance with the law; if they refuse to make corrections, they shall be submitted to the competent department for administrative punishment; if any loss is caused, they shall be liable for compensation.

Chapter V Supplementary Provisions

Article 28: Policy Incentives

For unclosed overground corridors that are open to unspecified property owners or the public and were developed as required by the planning permit, their building area will be calculated based on their horizontally-projected area but not included in the plot ratio area. The horizontal projection area of the corridors will not be included in the base area, and the building density will not be calculated.

Article 29: Information Management

The Pearl Bay management department should strengthen the information management of the overground corridor development and construction, carry out dynamic management of the basic information, planning and design results, and project construction status of the overground corridors in a timely manner, and share achievements on information application with relevant administrative departments.

Article 30: Miscellaneous

Please refer to the relevant handling guide for the application and approval procedures for the construction of overground corridors and the materials involved.

These management measures shall come into force for trial implementation on the date of promulgation, and the trial period shall last for two years.

Where there is any change or adjustment to relevant laws, regulations, or policies, such change or adjustment shall prevail.

Form of Disclosure: Active Disclosure