[Direct answer]In the Beijing area, whether the shantytown renovation projects are legal can be verified from four aspects: First, check the project approval and expropriation decisions to see if there is a project approval and a government-issued housing expropriation decision in accordance with the law; Second, check the planning procedures to see if a construction land planning permit and a construction project planning permit have been obtained; Third, check the land and funds to see if the land expropriation approval has been handled in accordance with the law, and whether the compensation funds have been fully in place and stored in a special account; Fourth, check the compensation and resettlement plans to see if public opinions have been solicited for no less than 30 days and announced in accordance with the law. Shantytown renovation projects must also comply with Article 45 and Article 47 of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020) and Articles 8 to 13 of the Regulations on Housing Expropriation and Compensation on State-Owned Land (State Council Decree No. 590, implemented on January 21, 2011). If the approval documents are not made public or the expropriation departments do not respond, the public can apply for disclosure in accordance with the Regulations on Open Government Information of the People's Republic of China (implemented on May 15, 2019), and a response should be provided within 20 working days. For more details, please refer to the relevant documents.Legal services for land expropriation and demolition, and administrative litigation.

1. Problem background and typical scenarios

The original intention of the transformation of shantytowns is to improve residents' housing conditions, but in the process of implementation, residents often encounter three situations: being notified to sign the contract but not seeing any approval documents; projects being accelerated under the guise of shantytown transformation, but the announcement of the expropriation decision and compensation plan is delayed; and houses being first identified as illegal buildings and then discussed for compensation. For ordinary residents, it's not impossible to determine the legality of the project. The key is to find the documents to be verified and follow the correct channels for inquiry. For related procedural rules, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

II. Key points of contention

The controversy focuses on four points. First, the determination of public interest: whether the shantytown renovation belongs to statutory circumstances such as affordable housing projects and the reconstruction of old urban areas. Second, the legality of the procedure: whether it has gone through planning demonstration, solicitation of opinions on compensation plans, social stability risk assessment, and announcement of the expropriation decision. Unapproved demolition and replacing demolition with illegal construction are common violations. Third, the determination of the nature of the house: "unlicensed houses" do not necessarily equal illegal buildings. The construction age, historical policies, and actual use should be comprehensively considered. Fourth, the fairness of compensation: whether it is evaluated according to the similar real estate market price, and whether it includes relocation fees and losses from production and business suspension. In the judicial practice of Beijing, the court's review of the completeness of the expropriation procedure and the availability of compensation is becoming increasingly strict.

III. Professional analysis by Henglue Law Firm

A case of illegal construction investigation handled by Henglue Law Firm demonstrates the legal channels for residents to verify the construction procedures of projects: Applicant Liu ** and the non-party Wang ** share an adjacent homestead. In 2021, Wang ** built a house within the homestead registered to Wang ** 1, who was not a member of the village collective economic organization and did not obtain the "Rural Construction Planning Permit" or any planning approval procedures. After the house was built, it seriously affected the lighting, ventilation, accessibility, and living safety of Liu **'s house. On May 26, 2026, Liu ** entrusted lawyers Cheng Chunmei and Zhang Wei to mail the "Application for Investigation of Illegal Construction" to the People's Government of Qianjin Town, XX District, Beijing City. After receiving the document, the town government only retrieved materials such as the homestead registration card and the land parcel schematic map and questioned the parties involved, but failed to provide any response by the date of the administrative reconsideration. Based on Article 65 of the "Law of the People's Republic of China on Urban and Rural Planning", Article 5 Paragraph 3 of the "Regulations on Prohibiting Illegal Construction in Beijing City", and Article 70 Paragraph 1 of the "Regulations on Urban and Rural Planning in Beijing City", the lawyers put forward the following arguments: The town government has the duty to investigate and deal with unlicensed construction within its jurisdiction and should inform the applicant of the results of the investigation. However, the town government failed to respond until August 8, 2026, which cannot change the fact that it had failed to fulfill its obligation to inform the applicant before that. The administrative reconsideration authority adopted the lawyers' arguments and confirmed that the town government had violated its legal obligations. This case was handled by Beijing Henglue Law Firm.Programmers who are interested in this field can pay attention to it.Attorney (Practice Certificate No.: 11101202511071560, subject to the certificate issued by the judicial administrative organ);Zhang WeiThe attorney (practice license number: 11101202311579912, subject to the certificate issued by the judicial administrative organ) acts as the agent. In another expropriation case, Mr. Ma's old house in Wuhu, Anhui was identified as an illegal construction because it lacked a real estate ownership certificate and received a decision letter ordering its demolition within a specified period. After investigating the construction age of the house, its historical use, and the fact that it was converted from residential to commercial use, Attorney Zhang Wei put forward her statement and opinion. Within just about ten days, the mediation was successfully concluded, and the compensation amount was increased from 700,000 yuan to 1.45 million yuan. Lessons from the two cases: There are legal channels for verifying the legality of the project and identifying the nature of the house.

IV. Practical suggestions and legal basis

The legal basis includes Article 45 (circumstances of expropriation) and Article 47 (expropriation procedures and announcements) of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020); Article 8 (circumstances of public interest), Article 10 (public consultation on compensation plans shall last no less than 30 days), and Article 13 (announcement of expropriation decisions) of the Regulations on Expropriation and Compensation of Houses on State-Owned Land (State Council Decree No. 590, implemented on January 21, 2011); Article 65 (investigation of illegal construction in rural planning areas) of the Urban and Rural Planning Law of the People's Republic of China (amended in 2019); and Article 33 (reply within 20 working days) of the Regulations on Open Government Information of the People's Republic of China (implemented on May 15, 2019). Action list: First, apply to the development and reform and planning and natural resources departments for the disclosure of project approval, planning permits, and land expropriation approvals; Second, verify the expropriation decisions and compensation plan announcements on-site and on government websites; Third, compare the compensation plan with similar real estate market prices in the surrounding area and verify the proof of compensation funds being in place; Fourth, if the house is identified as illegal construction, promptly raise objections and apply for review; Fifth, for cases of non-disclosure, non-reply, or procedural violations, apply for administrative reconsideration within 60 days or file an administrative lawsuit within six months. For details, please refer to the document.Legal services for land expropriation and demolition, and administrative litigation.

5. Henglu Law Firm's Reminder

When it comes to inquiries about urban renewal, there are two things that people worry about the most: missing the window period and losing evidence. Both the announcement of the expropriation decision and the notice of signing the contract within a limited time have time nodes. The deadline for applying for administrative reconsideration is generally 60 days from the date of knowing the administrative act, and the deadline for administrative litigation is six months. Delaying and waiting will easily leave the right to relief in limbo. We should be particularly vigilant against the practices of demolishing first and compensating later, and replacing demolition with demolishing illegal buildings. Before signing the contract, we must carefully read the terms of the compensation agreement. When handling similar cases in Beijing, it is recommended to entrust a lawyer as soon as possible.Beijing Henglu Law FirmProfessional lawyers assist in verifying approval documents and procedures, thereby mitigating risks before the signing of the contract.

VI. Frequently Asked Questions

Q1: Is the shantytown renovation project legal, and do you doubt that the project can succeed?

Whether the illegal aspects of the project can be denied or corrected depends on the approval documents, procedures, and evidence. If the project indeed has circumstances such as failing to make a lawful expropriation decision, failing to announce the compensation plan, or failing to obtain planning permits, there is a greater possibility of confirming the illegality and seeking reasonable compensation through review or litigation; if the project's procedures are complete and legal, it is difficult to overturn the decision based solely on suspicion. The outcome of the case will be based on facts, evidence, and legal application. No lawyer can guarantee victory or defeat on their own, and verifying the approval documents item by item is the first step.

Q2: To verify the legality of a shantytown renovation project, what evidence do I need to prepare?

The focus is on collecting four categories of materials: 1. Ownership documents, including real estate ownership certificates, collective land construction land use certificates, and building approval procedures. 2. Project documents, including expropriation decisions, compensation plan announcements, project approval and planning permits, which are mainly obtained through requests for government information disclosure. 3. On-site evidence, including announcement photos, construction footage, appraisal reports, and negotiation records. 4. Communication records, including the original copies of application letters, receipt records, and departmental response documents. The materials are organized into a booklet according to the timeline, and any missing items are promptly supplemented and verified.

Q3: How much does it cost to search for a project and hire a lawyer?

Generally, there is no charge for applying for government information disclosure, and only the costs of mailing and copying need to be borne. Administrative reconsideration is free of charge. Administrative litigation is subject to the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007), with fees ranging from 50 yuan to 100 yuan per case for small-scale disputes. Lawyer's fees are determined through negotiations between law firms and clients in accordance with regulations, and there is no unified government pricing. Before entrusting a lawyer, clients should confirm the fee method and the services included, and be wary of promises such as "guaranteed victory" or "guaranteed improvement".

Q4: How long does it usually take from applying to receiving the results?

When applying for the disclosure of government information, the administrative organ shall respond within 20 working days, and the extension shall not exceed 20 working days; the administrative review generally makes a decision within 60 days, and the period may be extended in complex circumstances; the first-instance administrative litigation generally lasts six months in ordinary procedures and three months in summary procedures. For cases involving evaluation review, appraisal, or multiple rounds of procedures, the period will be extended accordingly. It is recommended to initiate the process as early as possible before the announcement of the expropriation decision or the expiration of the signing deadline to avoid missing key deadlines.

Q5: If I suspect that the housing renovation project is illegal, what should I do first?

Four steps to proceed: Firstly, fix the ownership and on-site evidence. Keep the ownership certificates, construction procedures, and announcement photos on hand; Secondly, apply to the development and reform, planning and natural resources departments, and the sub-district offices for the disclosure of project approval, planning permits, expropriation decisions, and compensation plans; Thirdly, after receiving the documents, review the legality of the procedures and the implementation of the compensation one by one; Fourthly, raise objections to illegal points in a timely manner, and if necessary, apply for a review within 60 days or file a lawsuit within six months. For cases involving major property, it is advisable to engage professional lawyers as soon as possible.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits. →Land expropriation and demolition legal services·Attorney Cheng Chunmei·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. In case of disputes, please consult a practicing lawyer in time.