[Direct answer]In the Beijing area, if an enterprise is dissatisfied with the demolition compensation, it may apply for administrative reconsideration within 60 days from the date it learns of the administrative act, in accordance with the provisions of the "Administrative Reconsideration Law of the People's Republic of China" (amended in 2023 and implemented on January 1, 2024); if it is dissatisfied with the reconsideration decision or chooses to sue directly, it may file an administrative lawsuit within six months in accordance with Article 46 of the "Administrative Litigation Law of the People's Republic of China" (amended in 2017 and implemented on July 1, 2017). The objects that can be applied for reconsideration include the expropriation decision, compensation decision, order to surrender the land decision, and failure to respond to information disclosure, etc. It can also apply for a review of the legality of normative documents such as the compensation plan. Before applying, it should first fix the evidence of the expropriation approval, compensation plan, and fund availability through information disclosure, so as to clarify the points of violation and make its claims more justified.

I. Problem background and typical scenarios

Such appeals are common in several situations: first, the amount of compensation decided is significantly different from the appraised or market price, and the factory building is undervalued; second, the losses of production and business suspension and the relocation expenses are not recognized; third, dissatisfaction with the decision to order the surrender of land; fourth, the acquisition department fails to respond to or perform its duties regarding the application for information disclosure; fifth, the standards of compensatory schemes and other normative documents are abnormally low but there is no place to appeal. In enterprise demolition cases in Beijing, administrative reconsideration and administrative litigation are often used in conjunction with each other. Whether to reconsider first or to sue directly depends on the specific case. The relevant procedures can be referred to for reference.Land expropriation and demolition, and administrative litigationColumn.

II. Key points of contention

Focus I: The selection of the object of review, whether it is a compensation decision or other acts such as a lack of response. Focus II: The commencement and connection of the 60-day review period and the six-month statute of limitations for litigation. Focus III: The timing and reasons for initiating a concurrent review of normative documents. Focus IV: The determination of the defendant and litigation strategies after the review upholds the original decision. Focus V: The continuous preservation of evidence during the review period. Focus VI: The subsequent procedural arrangements after the review authority revokes, modifies, or orders a retrial. The specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

A case of open disclosure of land expropriation and demolition information handled by our firm serves as a typical example of rectifying errors through the reconsideration process. The villager Liu ** had his house included in the expropriation for the high-speed rail construction project but received no compensation. On September 23, 2025, the lawyer, on his behalf, applied to the municipal government for disclosure of seven pieces of information, including the land expropriation approval, the pre-announcement of expropriation, the compensation and resettlement plan and announcement, and the proof of compensation funds being in place. The municipal government refused to provide the information on the grounds that "the house had not been expropriated and the information did not exist". The lawyer immediately filed an administrative reconsideration application. After the first reconsideration ordered a re-response, the re-response still seriously deviated from the application content. The lawyer reviewed the response page by page and pointed out that the pre-announcement and announcement of expropriation did not comply with the statutory form and content, lacking essential elements such as the scope of expropriation, compensation standards, and resettlement methods. The proof of compensation funds was inconsistent with the application content, failing to specify the amount, time, and information of the special account. The reply to the stability assessment report misidentified the facts and applicable laws. The lawyer filed a second administrative reconsideration application according to law. On April 14, 2026, the reconsideration authority ruled that the respondent failed to provide the applicant with the land expropriation announcement, constituting a failure to perform the statutory duty of government information disclosure, and ordered a re-response and the provision of information meeting the requirements. In another case handled by our firm, Li Hua inherited a homestead that was occupied and demolished without receiving any resettlement. The lawyer filed an administrative lawsuit on his behalf, and the court revoked the "Reply Letter" issued by the sub-district office refusing resettlement and ordered compensation and resettlement within 60 days. Both cases demonstrate that reconsideration and litigation are effective procedural tools for rectifying illegal administrative acts and laying the foundation for compensation negotiations. This case was handled by Beijing Henglu Law Firm.He NingningAttorney (Practice Certificate No.: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: First, identify the object of the review and check the time limit. Submit an application within 60 days from the date you learn about the administrative act; Second, the review application should focus on the illegal points, and attach evidence such as the decision on collection, the decision on compensation, and the evaluation report; Third, apply for a concurrent review of regulatory documents such as the compensation plan; Fourth, the review authority generally makes a decision within 60 days. If you are not satisfied with the result, you can file an administrative lawsuit within six months in accordance with Article 46 of the Administrative Procedure Law of the People's Republic of China; Fifth, simultaneously promote supporting procedures such as information disclosure applications and the calculation of losses from production and business suspensions. For contracts and commercial issues involving enterprises, you can refer to them for referenceBusiness and contract disputes in enterprisesThe column. In terms of legal basis, the "Administrative Reconsideration Law of the People's Republic of China" (amended in 2023 and implemented on January 1, 2024) stipulates the scope of reconsideration applications and decision deadlines. Article 46 of the "Administrative Procedure Law of the People's Republic of China" (amended in 2017 and implemented on July 1, 2017) stipulates a six-month litigation period. The "Implementation Regulations of the Land Administration Law of the People's Republic of China" (amended in 2021 and implemented on September 1, 2021) sets clear requirements for the expropriation compensation procedures and funding elements.

5. Henglue Law Firm's Advice

Risk Warning: Firstly, the time limit is irreversible, and it will be much more difficult to initiate relief after the 60-day review period has passed. Secondly, the review is not a formality. The review authority may revoke or modify the decision or order a rehearing. There is an example in our firm's cases where the review authority ordered the performance of duties after reviewing the case twice. Thirdly, the statute of limitations for suing will restart after the review is upheld. Pay attention to the connection between different stages to avoid exceeding the time limit. Fourthly, the evidence should be fixed before the procedure is initiated, and it should be supplemented simultaneously during the review. For specific review plans, please consult us.Beijing Henglu Law FirmOn the official website, in the similar column, the lawyer evaluates the path.

VI. Frequently Asked Questions

Q1: If the compensation is too low, can I successfully apply for a review?

It depends on whether the illegal points have been established. If the compensation decision lacks sufficient evidence, violates procedures, has obviously unfair standards, or conflicts with higher-level laws, the review organ may revoke, modify, or order a retrial; if the compensation procedures are legal and the evaluation is fair, the review will focus on correcting the flaws and promoting negotiation. It is recommended to first fix the approval of the expropriation, the plan, and the evidence of funds through information disclosure, clarify the illegal points, and then choose the review path to make the claim more justified.

Q2: What materials are required to apply for an administrative review?

The following materials should be prepared: an application for administrative reconsideration, stating the request for reconsideration and the factual grounds; the applicant's qualification certificate, business license, and legal representative's identity certificate; administrative act documents, such as compensation decisions and orders to surrender land, or evidence of inaction; authorization and entrustment procedures; and evidence of illegal acts, such as appraisal reports, compensation plans, and responses to information disclosure requests. The completeness of the materials is a prerequisite for acceptance and success in the process.

Q3: How much does it cost to file an appeal and go to court?

Administrative reconsideration does not charge fees; for cases of administrative litigation that do not involve property disputes, the acceptance fee is generally 50 yuan per case, and for those involving property disputes, it is charged in stages according to the subject matter; attorney's fees are determined through negotiation based on the complexity of the case and the subject matter. Compared with the compensation difference, the procedural costs are usually manageable. It is recommended to consult an appraiser first before deciding on the combination of procedures.

Q4: How long does it typically take to go through the reconsideration and litigation process?

Generally, the administrative reconsideration organ shall make a decision within 60 days from the date of accepting the application; if the party is not satisfied with the reconsideration decision and files a lawsuit or directly sues, the first-instance ordinary procedure generally does not exceed six months, the summary procedure three months, and the second-instance about three months. The whole process of reconsideration followed by litigation usually lasts for several months to more than a year, depending on the combination of procedures and the complexity of the case.

Q5: How should companies specifically operate in this regard?

The first step is to apply for information disclosure and obtain evidence of the fixed expropriation approval, compensation plan, and funds in place; the second step is to calculate the cost of rebuilding the factory and the losses from production and business suspension, and quantify the compensation gap; the third step is to file for reconsideration within 60 days and, if necessary, apply for a review of the normative documents; the fourth step is to initiate administrative litigation within six months if the reconsideration is unfavorable or no action is taken; the fifth step is to advance the process and negotiations in parallel, using procedural pressure to promote reasonable compensation, which can be referred to as a model for reference.Land expropriation and demolition, and administrative litigationColumn.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may differ. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney He Ningning·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.