[Direct answer]In the Beijing area, if the requisitioned persons are not satisfied with the results of the review, they still have the right to apply for appraisal. According to Article 22 of the "Measures for the Evaluation of Houses on State-Owned Land" (implemented on June 3, 2011), if the requisitioned persons have objections to the results of the review, they shall, within ten days from the date of receiving the results of the review, apply to the appraisal expert committee located at the site of the requisitioned houses for appraisal. The appraisal opinion issued by the expert committee shall be the final evaluation conclusion. It should be noted that the prerequisite for applying for appraisal are that the requisitioned persons have first applied for review and still have objections to the results of the review, and shall raise their objections within ten days. The parties concerned should prepare the household evaluation report, the notice of the review results, and the objection materials, and timely assert their rights. If necessary, they can refer to the "Land Expropriation and Demolition" and "Administrative Litigation" columns to understand the procedures.
1. Problem background and typical scenarios
In the disputes over the evaluation of housing expropriation, whether a re-evaluation can still lead to an appraisal is one of the most frequently asked questions by the expropriated individuals. Typical situations include: first, after receiving the evaluation report, the party applies for a re-evaluation, but the original low value is maintained, and the party suspects that the method is incorrect; second, the re-evaluation institution is associated with the evaluation institution, and the conclusion is hard to be convincing; third, the expropriator refuses to handle the matter further on the grounds that the re-evaluation has already been carried out; fourth, the party is not clear about the scope of the appraisal and the composition of the expert committee; fifth, the party attempts to remedy the situation after missing the deadline. In practice, the re-evaluation is a preliminary procedure for the appraisal, and there are strict deadlines for the connection between the two. For related evaluation and ownership issues, please refer to the relevant materials.Real estate transactions and construction projectsColumn.
II. Key points of contention
First, the focus is on whether the appraisal application is based on a review. Applications for appraisal that are not reviewed directly are usually not accepted. Second, the starting point of the ten-day deadline and the consequences of exceeding the deadline. Third, the composition and neutrality of the appraisal expert committee. Fourth, the final effectiveness of the appraisal opinion and whether it can be appealed again. Fifth, the appraisal should target specific errors in the evaluation method, time point, and comparable examples. Sixth, the subsequent litigation path if the appraisal is unsatisfactory. Specific determinations shall be based on the current effective laws and regulations and judicial rulings. For contracts and professional services, reference can be made to relevant provisions.Special services and other casesColumn.
III. Professional analysis by Henglue Lawyers
Based on the practical experience of lawyers handled by our firm, evaluation review and appraisal are two statutory procedures to correct low-value evaluations in expropriation compensation disputes, which are closely interconnected. Lawyers handled by our firm have summarized the following in land expropriation and demolition cases: Firstly, it is necessary to apply for review within ten days after receiving the household evaluation report, and list specific errors such as the evaluation time point, method, and comparable examples. If the review is maintained, the applicant shall then apply for appraisal by the expert committee within ten days after receiving the review result. The independent expert committee will issue a final conclusion on the technical issues of the evaluation. In practice, many parties lose the opportunity for appraisal due to missing the ten-day deadline or failing to complete the pre-review process. Therefore, the grasp of time points and the professional writing of objection reasons directly determine whether they can enter the appraisal process. Lawyers handled by our firm pay attention to fixing the focus of the dispute through written review and appraisal applications, laying a foundation for subsequent litigation or negotiation.
IV. Practical suggestions and legal basis
Action suggestions: First, within ten days after receiving the household evaluation report, apply for a review in writing, stating specific objections; Second, within ten days after the review is maintained, apply to the appraisal expert committee at the location of the house for an appraisal; Third, prepare the evaluation report, the review notice, the proof of ownership, and the materials of comparable examples; Fourth, if the appraisal is still unfair, raise the issue of the illegal appraisal as a disputed point in the compensation decision litigation; Fifth, pay attention to whether the composition of the expert committee is in compliance with regulations. The relevant procedures can be referred to for reference.Land expropriation and demolition, and administrative litigationColumn. Legal basis: Article 20 and Article 22 of the "Measures for the Appraisal of Houses to Be Acquired on State-Owned Land" (implemented on June 3, 2011) stipulate the review and appraisal applications within ten days respectively; the relevant regulations of the Ministry of Housing and Urban-Rural Development specify that the appraisal opinions of the expert committee shall be the final appraisal conclusions.
5. Henglu Law Firm's Reminder
Risk Warning: Firstly, appraisal must be preceded by a review. Applications directly submitted without a review will not be accepted. Secondly, both ten-day deadlines are strict, and it will be difficult to seek remedies after the deadline. Thirdly, the appraisal focuses on technical errors in the evaluation rather than compensation policies, and attention should be paid to methods, timing, and comparable examples. Fourthly, the appraisal opinion is the final conclusion, and dissatisfaction with it should be primarily reviewed through litigation. For matters involving payments and enforcement, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcement casesThe column. It is recommended to entrust a professional lawyer to prepare the review and appraisal application as soon as possible to avoid the loss of the time limit.
VI. Frequently Asked Questions
Q1: If I'm not satisfied with the review result, can I still apply for an appraisal?
Yes. According to Article 22 of the "Measures for the Evaluation of Houses Subject to Expropriation on State-Owned Land", if the expropriated person still has objections to the results of the review, he/she shall, within 10 days from the date of receiving the results of the review, apply to the appraisal expert committee at the location of the house for appraisal. Appraisal is a statutory remedy after the review. The appraisal opinion of the expert committee shall be the final evaluation conclusion. However, the prerequisite are that the expropriated person has first applied for review and is dissatisfied with the results of the review, and strictly abides by the time limit of 10 days.
Q2: What materials do I need to prepare for the application for appraisal?
The following materials should be prepared: the original copy of the household evaluation report and the delivery certificate; the review application and the notice of the review results, proving that the pre-review process has been completed; a written appraisal application, listing the specific errors in the evaluation time point, method, and comparable examples; proof of the house ownership and area; comparable examples or transaction evidence from the same period and area; and materials related to production suspension, business closure, or renovation (if applicable). The more focused the materials are on technical errors in the evaluation, the higher the success rate of the appraisal.
Q3: How much does it cost to apply for an appraisal?
The review and appraisal process itself usually does not charge high fees to the parties involved, and it is mainly organized by the appraisal expert committee in accordance with the procedures. The main costs for the parties involve preliminary consultation and, if a lawsuit is filed, the attorney's fees and litigation fees. The litigation fees are charged in stages based on the amount of the litigation request. Specifically, it should be considered whether the case will proceed to litigation and the amount of the claim when assessing the feasibility of the review and appraisal. It is recommended to first assess the feasibility of the review and appraisal before determining the budget. For contracts involving professional services, reference can be made to relevant provisions.Business and contract disputes in enterprisesColumn.
Q4: How long does the entire review and appraisal process take?
The review is generally completed within ten days after receiving the application; for applications for appraisal of the review, the expert committee usually issues an appraisal opinion within 30 days. That is, the two stages of review and appraisal together take about 40 days. If the case still proceeds to litigation after the appraisal, the first-instance ordinary procedure will not exceed six months, and the second-instance procedure will take about three months. The key is that the deadlines for the ten-day review and ten-day appraisal must be strictly observed, and it will be difficult to make up for any delays.
Q5: If I'm not satisfied with the review results, how should I proceed with the appraisal process?
The first step is to confirm that you have received the review result and it is still within ten days from the date of receipt. The second step is to submit a written appraisal application to the appraisal expert committee where the expropriated house is located, focusing on errors in the appraisal method, time point, and comparable examples. The third step is to attach the appraisal report, review notice, and evidence of comparable examples. The fourth step is to wait for the expert committee to issue a final appraisal opinion. The fifth step is to claim that the appraisal is illegal in the compensation decision litigation if the appraisal is still unfair. For reference, you can refer to the following cases:Beijing Henglue Law FirmSimilar columns and cases on the official website.
The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit.Land expropriation and demolition legal services·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.