[Direct answer]In the Beijing area, if you are not satisfied with the compensation and resettlement plan, you must put your opinions in writing within the statutory time limit. According to Article 10 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" (issued by the State Council on January 21, 2011), the period for soliciting opinions on the plan shall not be less than 30 days, and you can submit your written opinions to the housing acquisition department; Article 11 stipulates that if most of the people being expropriated in the old urban area reconstruction project consider the plan to be inconsistent with regulations, the government shall organize a hearing. In the collective land expropriation, according to Article 47 of the "Land Management Law of the People's Republic of China" (amended on August 26, 2019), the period for announcing and hearing opinions shall be at least 30 days. If you are not satisfied with the expropriation decision or compensation decision made according to the plan, you may apply for administrative reconsideration within 60 days from the date you know or should have known about it, or file an administrative lawsuit within 6 months. For the detailed procedures, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.
1. Problem background and typical scenarios
The plan was posted on the bulletin board, but many people just glanced at it and moved on. When it came to signing the contract, they found that the standards were too low, the location of the resettlement housing was too remote, and the price difference for property rights exchange was too high. By then, they wanted to raise objections, but the announcement period had already passed. Shop operators may also encounter problems such as uncalculated operating losses and unassessed renovations. It is necessary to distinguish two levels: opinions during the plan's solicitation of opinions stage belong to procedural participation, with channels being written opinions and applications for hearings; if they disagree with the effective expropriation decisions and compensation decisions, they can enter the review and litigation procedures. The time limits, targets, and effects of the two channels are different. Mixing them up easily leads to missing deadlines. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.
II. Key points of contention
First, channels for feedback: Written opinions should be submitted to the housing expropriation department or designated government channels. Oral complaints are difficult to document, and whether they are accepted and how to provide feedback will depend on local regulations. Second, application for a hearing: The quantitative criteria for "the majority of expropriated individuals" in old city reconstruction projects shall be implemented in accordance with local regulations. The number of signatories, the proportion, and the submission method need to be confirmed in advance. Third, selection of relief recipients: The proposals in the consultation generally do not serve as independent targets for reconsideration or litigation. Rights can usually be claimed against the expropriation decision and compensation decision after they are made. Fourth, the connection between signing contracts and raising objections: Signing contracts constitutes a disposal of substantive rights. There is a clear difference in the scope for raising objections before signing contracts and after signing them. Fifth, procedural differences between collective and state-owned land expropriation: The latter follows the expropriation regulations, while the former also involves the announcement and public hearing procedures in Article 47 of the Land Management Law.
III. Professional analysis by Henglue Lawyers
For administrative responses involving expropriation and ownership rights that are simply dismissed out of hand, administrative reconsideration serves as an important channel for appeal. A case handled by Attorney Song Meina can serve as a reference: Liu ** and Wang ** are villagers of Shuguang Village, Qianjin Town, Shunyi District, Beijing City. The case involves a residential land plot that was registered and titled by the Hebei Provincial Government in 1951 with a land and property certificate, covering an area of 1,020 square meters. In 1993, when the former Shunyi County Land Management Bureau issued a collective land use certificate, no on-site verification was conducted, no notice was given to the parties involved, and no legal public notice was posted. As a result, approximately 250 square meters of land was erroneously registered under others' names, about 36 square meters of land was illegally appropriated through false declarations, and another approximately 10 square meters and 86 square meters of land were omitted from the registration. On January 29, 2026, the two parties submitted an "Application for Mediation of Rural Residential Land Disputes", outlining four disputes. However, the town government's response on March 2, 2026 simply dismissed the application with the statement "the ownership rights are clear", without addressing each item in detail. After applying for administrative reconsideration, Attorney Song Meina pointed out that the response failed to comprehensively review and explain the application, and directly determined the ownership rights based on the old certificate, which constituted an unclear determination of the facts. After review, the Shunyi District People's Government concluded that the response's statement that "the ownership rights are clear" based solely on the fact that each party had separately received the certificate was "obviously improper". Ultimately, the "Reply Notification" was revoked, and the authorities were ordered to handle the case in accordance with the law. This case provides a clear lesson for those submitting opinions: Whether it's a written opinion or an objection application, it's essential to list each item in detail and provide supporting evidence to prompt the administrative authorities to provide a written response and accept administrative reconsideration. This case was handled by Beijing Henglu Law Firm.Song MeinaThe attorney (practice certificate number: 11101202511880410, subject to the certificate issued by the judicial administrative organ) acts as the agent.
IV. Practical Suggestions and Legal Basis
The legal basis includes Article 10 (no less than 30 days) and Article 11 (majority dissent and hearing) of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" (State Council Decree No. 590, promulgated and implemented on January 21, 2011); Article 47 (announcement and hearing for at least 30 days) of the "Land Administration Law of the People's Republic of China" (amended on August 26, 2019 and implemented on January 1, 2024); Article 20 (application within 60 days) of the "Administrative Review Law of the People's Republic of China" (amended on September 1, 2023 and implemented on January 1, 2024); Article 46 (six-month litigation period) of the "Administrative Litigation Law of the People's Republic of China" (amended for the second time on June 27, 2017 and implemented on July 1, 2017); and Article 243 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021). Action checklist: First, take photos and save them as evidence immediately after the announcement, recording the date and deadline; Second, submit written opinions within 30 days, listing the objections, reasons, and basis item by item, and send them by EMS with a signed receipt; Third, for urban renewal projects, jointly submit applications for hearings, paying attention to local requirements on the number of signatories and format; Fourth, monitor the modification of the plan and the re-announcement of the text; Fifth, if dissatisfied with the acquisition decision or compensation decision, file for administrative review within 60 days or initiate litigation within six months. For details on the procedural connection, please refer to the relevant documents.Legal services for land expropriation and demolition, and administrative litigation.
5. Henglue Law Firm's Reminder
There are two common mistakes in raising objections: First, only complaining verbally during the announcement period and not submitting written materials, making it impossible to prove that objections were raised afterwards; Second, equating "dissatisfaction with the plan" directly with "being able to sue the plan", missing the real relief period for the expropriation decision and compensation decision. The pre-contract stage is the stage with the lowest cost of raising objections, and the space for doing so becomes significantly narrower after signing the contract. When handling similar cases in the Beijing area, it is recommended to complete the written opinions and evidence fixation within the announcement period, and to entrust a lawyer when necessary.Beijing Henglue Law FirmProfessional lawyers ensure the smooth connection of the various procedures.
VI. Frequently Asked Questions
Q1: I've provided feedback on the compensation plan. Will there really be a response to my suggestions?
There should be response channels in the process. Article 10 of the Expropriation Regulations requires the government to timely publicize the situation of soliciting opinions and the changes made based on public opinions; Article 11 requires the modification of the plan for the reconstruction of the old urban area according to the situation of the hearing. In practice, most projects will summarize the opinions and publicize the changes or adoption, but the degree of adoption depends on whether the opinions are based on facts and whether they are representative. If the subsequent expropriation decisions and compensation decisions fail to reasonably consider the major objections raised, they may be claimed as procedural defects in the review and litigation. The effect of the case shall be determined by evidence and review.
Q2: What materials do I need to submit when giving suggestions?
It is recommended to prepare three categories of materials: First, identity and ownership materials, including property ownership certificates, land use certificates, household registration books, and power of attorney procedures; Second, a letter of objection to the plan, listing in detail the standards, projects, and resettlement methods that are not agreed upon, with calculation basis and reasons for each item; Third, supporting evidence, including appraisal reports, transaction or listing information of comparable properties, proof of decoration and equipment, business tax records, and photos of the current state of the house. For joint applications for a hearing, a list of the joint applicants and their signatures shall be attached. All materials shall be prepared in duplicate, with one copy retained and the submission receipt preserved.
Q3: If I hire a lawyer to handle the objections to the plan, how will the fees be calculated?
The attorney's fees are determined through negotiation between the law firm and the client, and may be set according to different stages (submission of opinions, hearings, reconsideration, litigation) or the overall scope of the assignment, without a unified government pricing system. In administrative litigation cases, risk-based attorney's fees are prohibited by law. The fee structure and amount should be specified in the engagement contract, and actual expenses such as appraisal fees and travel expenses should be agreed upon in advance. Most law firms will provide a fee proposal after initial communication, allowing clients to first understand the quote and scope of work before deciding on the engagement stage and method.
Q4: How long does it take from giving suggestions to resolving disputes?
The announcement period is no less than 30 days, and it usually takes several weeks for the plan to be revised and announced again. The hearing usually takes several days to two weeks from the notification to the convening. If the relief procedure is initiated, those who are dissatisfied with the expropriation decision or compensation decision may apply for reconsideration within 60 days, and the hearing will generally make a decision within 60 days. The first-instance litigation takes 6 months, and the summary procedure takes 3 months. The consultation and mediation are not subject to the above-mentioned deadlines and may be faster. Overall, from putting forward opinions to final resolution, it takes at least one or two months, and it may take more than a year.
Q5: If I'm not satisfied with the plan, what should I do first?
First, confirm the main content, time limit, and submission channels of the announcement, and take photos to keep the full text of the announcement. Second, compare the plan with your own situation item by item, and list the objections and their basis. Third, submit written opinions within the announcement period, and mail them by EMS and keep the receipt record. Fourth, if it is an old urban area reconstruction with a large number of objections, apply for a hearing simultaneously. Fifth, if you are still not satisfied after the plan is revised, apply for a review within 60 days after the issuance of the expropriation decision and the compensation decision, or file a lawsuit within six months. It is important not to just complain verbally without leaving any written records.
The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney Song Meina·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.