[Direct answer]In the Beijing area, the quality of relocation housing is too poor, and the people who have been expropriated can generally refuse to accept the housing and require the construction units or the implementation units of the expropriation to repair it and compensate for the losses within a specified period. According to Article 801 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the quality of the construction project does not conform to the agreement due to the reasons of the constructor, the employer has the right to request the constructor to repair or rework and rebuild it free of charge within a reasonable period; if the quality of the main structure of the house is not qualified and it cannot be put into use, the people who have been expropriated can also claim to rescind the agreement and return the house according to law. The key is to inspect the quality in time, raise quality objections in writing and fix the evidence, and never sign the acceptance of the housing first and then safeguard their rights. Otherwise, it may be regarded as accepting the delivery. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.
1. Problem background and typical scenarios
During the relocation and resettlement process, housing quality issues are most likely to trigger disputes. Typical scenarios include: general quality defects such as cracked and leaking walls, hollow floors, and deformed doors and windows; floor height and area that do not conform to the agreement; reduced supporting facilities, such as elevators, greening, and property management rooms that are not built according to the plan; and hidden problems in the main structure, such as cracked load-bearing walls and foundation settlement. Many people who have been expropriated worry that "if they don't accept the house, they will have no place to live" or "refusing to accept it will be considered a breach of contract", so they are forced to accept the house first and then seek justice, but it's difficult for them to provide evidence. In fact, the law has clear remedies for quality issues. The key is to distinguish between general defects and main structural problems, and to fix the evidence in time.
II. Key points of dispute
There are three key points of contention. First, the degree of defects: for general quality defects, the buyer can demand repair and compensation. However, if the main structure of the house fails to meet quality standards and cannot be put into use, the buyer can claim to withdraw from the contract and terminate the agreement. Second, the subject of liability: the construction unit shall bear the quality liability, and the provisions regarding the acquisition or resettlement may also involve the acquisition implementation unit, which needs to be determined in accordance with the resettlement agreement. Third, the recognition of delivery: signing the acceptance certificate, picking up the keys, and completing the check-in procedures may be regarded as an acknowledgment of delivery, which may affect subsequent claims. Regarding the validity of the acquisition agreement, it can be determined in accordance with the relevant provisions.Legal services for land expropriation and demolition, and administrative litigationOverall judgment.
III. Professional analysis by Henglue Lawyers
There are not just one type of disputes over resettlement housing. Long-term failure to implement the distribution of resettlement housing is also common. In 2011, Liu **'s house in Wuhan was included in the scope of expropriation due to the construction project of the Science and Technology Park. Liu ** signed a "Resettlement Compensation Agreement" with the demolition entrusted unit, which stipulated that two people in the household could purchase 80 square meters of resettlement housing and receive compensation of 67,944 yuan (including transitional fees of 7,560 yuan). After signing the agreement, Liu ** moved out as required and the house was demolished, but the distribution of resettlement housing was delayed for more than ten years without being implemented. Only transitional fees were paid at a standard of 360 yuan per person per month for a long time. On January 8, 2026, Liu ** mailed a "Application for Performance of Resettlement Compensation Duties" to the respondent, but the respondent failed to respond or handle the matter within the legal time limit after signing for receipt.
After accepting the client's commission, Attorney Jing Weiyi guided the client in organizing key evidence such as the 2011 "Demolition Compensation Agreement", the detailed list of demolished houses, payment receipts for transitional fees over the years, and the mailing records and receipts of the application for legal representation. He drafted the "Administrative Reconsideration Application" based on the elements of administrative omission, clearly requesting the respondent to handle the case within a specified timeframe and provide a written response. Regarding the respondent's defense that the case did not fall within the scope of reconsideration or that the respondent had fulfilled its resettlement obligations, the attorney refuted each argument from four perspectives: the scope of the case, the fulfillment of obligations, the defects in the response, and the evidentiary validity. He pointed out that the failure to allocate replacement housing for over a decade constituted a fundamental breach of contract, and the vague statement of "accelerating implementation" lacked enforceability. After multiple rounds of communication, the parties eventually reached a settlement on the allocation of replacement housing, the adjustment of transitional fee standards, and the resettlement deadline, successfully resolving the decade-long resettlement dispute. This case was handled by Beijing Henglu Law Firm.I sincerely wish you all the best.The attorney (practice license number: 11101202510973791, subject to the document issued by the judicial administrative organ) acts as the agent.
IV. Practical suggestions and legal basis
The legal basis includes Article 577 (liability for breach of contract) and Article 801 (liability for repair, rework, and reconstruction due to non-conformance with contractual quality requirements) of the Civil Code of the People's Republic of China (effective January 1, 2021); Article 60 (quality of foundation and main structure within the reasonable service life) and Article 61 (conditions for completion acceptance) of the Construction Law of the People's Republic of China (amended on April 23, 2019); and the provisions on property rights exchange and resettlement in the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (effective January 21, 2011). Practical suggestions: 1. Before accepting the house, check the completion and acceptance filing materials and the actual measured area. 2. If any issues are found, take photos and videos on the spot, raise objections in writing, and request repairs within a specified timeframe. 3. If necessary, commission an engineering quality inspection. 4. During the repair period, legally claim transitional fees or breach of contract damages.
5. Henglu Law Firm's Reminder
Before accepting the house, it is essential to conduct an inspection. It is recommended to check the current condition of the house in advance, and record and preserve images of issues such as cracks, leakage, and hollow walls; verify whether the area, floor height, and supporting facilities are consistent with the provisions of the resettlement agreement; if any problems are found, raise written objections first and postpone signing the acceptance certificate. Never accept the house hastily due to housing pressure or verbal promises. If there are hidden dangers in the main structure, it is necessary to commission a test and consider terminating the agreement and returning the house. During the process of safeguarding rights, maintain written communication with the construction unit and the acquisition department, and put all commitments in writing. If you need assistance, you can contactBeijing Henglu Law FirmConsult the professional team.
VI. Frequently Asked Questions
Q1: If the quality of the resettlement housing is unsatisfactory and I refuse to accept it, can I get legal support for this?
Yes, but the severity of the problem needs to be distinguished. Under general quality defects, the expropriated party has the right to require the responsible party to repair, rework or reconstruct the property free of charge within a reasonable period of time, and to compensate for the losses caused thereby; if the main structure of the property fails to meet quality standards and cannot be put into use, the expropriated party may also claim to rescind the resettlement agreement and return the property in accordance with the law. Whether the refusal to accept the property will be supported depends on the evidence: whether the expropriated party inspected the property in a timely manner, whether they raised objections in writing, and whether they can prove the existence and severity of the quality problems. It is recommended to inspect and document the property before accepting it, negotiate repairs first, and then resolve the matter through complaints and litigation if no agreement can be reached.
Q2: What evidence do I need to prepare to protect my rights regarding the quality of relocation housing?
The core evidence includes: a resettlement compensation agreement or an expropriation compensation agreement (to prove the agreed standards); a housing surveying report and actual measurement data of the area; on-site photos and videos (to record issues such as cracks, leakage, and hollowing); written quality objections and delivery receipts; communication records with the construction unit and the expropriation department; when necessary, commissioning an engineering quality inspection agency to issue an inspection report; and, for losses involved, repair cost invoices and rental expenditure receipts. The goal of organizing evidence is to prove the existence of quality issues, their severity, and the responsible parties. The more solid the materials are, the more justified the rejection of claims or the pursuit of compensation will be.
Q3: How much does it cost to handle quality disputes over relocation housing?
It depends on the approach. Negotiation and complaints are relatively low-cost, with no fees generally incurred; entrusting inspection requires paying inspection fees, the amount of which varies depending on the inspection items; litigation is paid in accordance with the "Method for the Payment of Litigation Costs", with the amount accumulated in stages based on the amount of the claim, and the losing party bears the cost. Lawyer's fees are determined through negotiation between the law firm and the client, usually calculated as a percentage of the subject matter or charged on a per-stage basis, and must be collected by the law firm and formalized in a written contract. Tip: For property disputes such as housing quality, require a written list of fee items and refund conditions before signing the contract. Specific details shall be subject to the current effective regulations and the entrustment contract.
Q4: How long does it usually take to resolve quality issues with relocation housing?
Generally, defects can be repaired through negotiation, which may take several weeks to months to complete; if negotiation fails, a complaint can be lodged with the housing and construction department, and the processing period will vary depending on the circumstances; for litigation, the first-instance ordinary procedure will be concluded within six months, and the simplified procedure will be concluded within three months. For appeals against the judgment, the second-instance procedure will generally be concluded within three months. For cases involving engineering quality appraisal, the appraisal period will not be included in the time limit for trial, and the overall period will be extended accordingly. In practice, most cases are resolved through negotiation or mediation. It is recommended to raise objections and take action as soon as possible after receiving the house to avoid the loss of evidence or exceeding the warranty period due to delay.
Q5: The quality of the relocation housing is too poor. What should I do specifically?
Four steps to proceed: First, conduct a comprehensive inspection before receiving the house, take photos and videos of the problems and record them in writing, and postpone signing the receipt; Second, submit a written quality objection to the construction unit or the acquisition implementation unit, requiring them to repair and compensate within a specified period, and keep the delivery receipt; Third, if the problems are serious or the negotiations fail, file a complaint with the housing and construction department, and if necessary, commission an engineering quality inspection; Fourth, if the main structure of the house is unqualified, consult a lawyer to evaluate the feasibility of rescinding the agreement and returning the house. Never receive the house first and then seek justice, nor should you resist by simple means such as refusing to pay fees. It's more secure to assert your rights in accordance with the law.
The above answer is based on the judicial practice in Beijing. The judicial interpretations 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, so as to avoid missing the statutory time limit.Land expropriation and demolition legal services·Attorney Jing Weiyi·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.