[Direct answer]In the Beijing area, when the compensation standards for expropriation are too low, it is not advisable to accept them directly or to delay taking action. There are three main approaches to negotiating higher compensation: First, challenge the legality of the compensation plan and the rationality of the valuation, and demand that the basis for the valuation and the determination of ownership be made public. Second, clarify the statutory responsibilities of administrative authorities for compensation and resettlement. If they fail to respond within the time limit or replace their duties with referral, apply for administrative review or initiate administrative litigation according to law. Third, enlist the help of professional lawyers to sort out evidence and develop a strategy of negotiating and pursuing administrative review and litigation simultaneously. According to Articles 47 and 48 of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020), compensation for expropriation should follow the principles of fairness and reasonableness, ensuring that the original living standards of farmers whose land is expropriated are not reduced and their long-term livelihoods are guaranteed. If there are objections to the compensation standards, they can apply for coordination and adjudication within the prescribed time limit, or initiate administrative review and administrative litigation. Action guidance: First, fix the evidence of ownership and expropriation approval, then initiate objection and legal procedures.

I. Problem Background and Typical Scenarios

When the compensation negotiations fail, it is the most common dilemma in demolition consultations. Typical scenarios include: after the compensation plan is announced, the owners believe that the valuation of their houses is significantly lower than the surrounding market price, but they don't know how to challenge it; the relocation housing is located far away and has insufficient area, with limited room for negotiation; after the administrative authorities transfer the application materials to their subordinate units, they don't respond for a long time, leaving the parties involved in a state of waiting; historically inherited unlicensed old houses and houses on residential plots are offered low compensation or even identified as illegal buildings. In these situations, the parties often worry that "they won't get the money if they don't sign the agreement" and "they will suffer more losses if they wait too long". In fact, the compensation standards themselves are open to dispute, and the key lies in whether they have found the right approach. For related rules, please refer toLegal services for land expropriation and demolition, and administrative litigation.

II. Key points of dispute

The controversy focuses on four points. Firstly, the rationality of the evaluation: whether the evaluation agency is selected appropriately, the timing of the evaluation, and whether the comparable examples and the determination of the decoration and ancillary facilities are fair are the core of the compensation amount. The parties often passively accept it because they don't know how to review it. Secondly, the boundaries of legal duties: when the administrative organ transfers the application for performance to a lower-level organ after receiving it, it doesn't mean that the administrative organ has fulfilled its duty to respond. If it fails to act within the time limit, it can be held accountable according to law. Thirdly, the determination of the nature of the house: the compensation standards for old houses, unlicensed houses, and residential-commercial conversion houses vary greatly, and the determination criteria directly determine the compensation amount. Fourthly, the choice of procedures: coordination, arbitration, administrative reconsideration, and administrative litigation each have their own time limits and effects. Choosing the wrong path will lead to a loss of opportunities. For more details, please refer to the full text.Legal services for land expropriation and demolition, and administrative litigation.

III. Professional analysis by Hengluo Law Firm

This case is handled by Beijing Henglu Law Firm.Zhi Chao LiThe attorney (practice certificate number: 11101202311629788, subject to the certificate issued by the judicial administrative authority) acts as the agent. Applicant Liu ** enjoys a collective residential land use right in a village in Zhengzhou and holds a valid certificate of use for collective land for construction. The Henan Provincial People's Government issued a land expropriation approval document in 2015, and the land involved in the case has been legally expropriated. On March 18, 2026, Liu ** mailed a "Request for Performance of Legal Duties of Compensation and Resettlement" to the management committee, requesting the performance of land expropriation compensation and resettlement duties for the residential land and buildings under his name. After receiving the document the next day, the management committee simply forwarded it to the office without providing any response. The subsequent "Decision on Demolition Compensation and Resettlement" issued by the office did not correspond to the applicant's request for land expropriation compensation and resettlement. By the legal deadline of June 24, 2026, the management committee still failed to provide an official response. Attorney Xie Chao Li identified the focus of "administrative omission" after accepting the case: first, fixing the key timeline to prove that the respondent has long failed to handle the matter in its own name; second, organizing the core evidence chain, including the application for performance of duties, the receipt and processing notice, the land certificate, the approval document Yuzheng Tu [2015] No. 771, and the decision and mailing receipt; third, putting forward legal opinions, pointing out that forwarding the application does not equal performance of duties, and that demolition compensation and resettlement cannot replace land expropriation compensation and resettlement. The omission of more than 60 days constitutes administrative omission. The review authority held that the decision on demolition compensation and resettlement made by the Fujin Office cannot replace the handling of the applicant's request for land expropriation compensation and resettlement, and the respondent has exceeded the 60-day deadline. On September 1, 2026, the Zhengzhou Municipal People's Government, in accordance with Article 24 Paragraph 1 of the Implementing Regulations of the Administrative Review Law of the People's Republic of China and Article 66 of the Administrative Review Law of the People's Republic of China, ordered the respondent to handle the applicant's application for performance of duties within 60 days from the date of receipt of the decision. In addition to this case, the firm has also handled similar cases: Attorney Zhang Wei once represented a case where an old house was expropriated and deemed as illegal construction. Through professional opinions, the expropriation department voluntarily mediated, and the compensation was increased from 700,000 yuan to 1.45 million yuan. Attorney Jing Weiyi represented a case of review of the performance of resettlement and compensation duties, where the parties' unresolved resettlement issues were finally resolved through mediation and settlement. The above practices show that the compensation standard is not unshakable, and raising legal objections and professional intervention are effective paths to improving compensation. 律师（执业证号：11101202311629788，以司法行政机关核发证件为准）代理。申请人刘某某在郑州市某村享有集体宅基地使用权，并持有合法集体土地建设用地使用证。河南省人民政府2015年即作出征地批复，涉案土地已被依法征收。2026年3月18日，刘某某向管委会邮寄《履行补偿安置法定职责申请书》，请求对名下宅基地及地上房屋履行征地补偿安置职责。管委会当日签收后，仅于次日将材料转交办事处，自行未作任何回应；后续办事处作出的《拆迁补偿安置决定书》与申请人申请的征地补偿安置并非同一法律性质。至2026年6月24日法定期限届满，管委会始终未作正式答复。郄超丽律师介入后锁定“行政不作为”焦点：第一，固定关键时间线，证明被申请人长期未以自己名义处理；第二，组织核心证据链，包括履职申请书、收文处理笺、土地证、豫政土〔2015〕771号批复、决定书及邮寄凭证；第三，提出法律意见，指出转办不等于履职、拆迁补偿安置与征地补偿安置不可相互替代，逾期超60日构成行政不作为。复议机关审理认为，前进办事处作出的拆迁补偿安置决定不能替代对申请人提出的征地补偿安置申请的处理，被申请人已超60日期限。2026年9月1日，郑州市人民政府依据《中华人民共和国行政复议法实施条例》第二十四条第一款及《中华人民共和国行政复议法》第六十六条，责令被申请人在收到决定之日起60日内对申请人的履职申请作出处理。除本案外，本所还办理过类似案件：张薇律师曾代理一起老房被征收被拟定为违建的案件，通过专业意见促使征收部门主动调解，补偿由70万元提高至145万元；敬维怡律师代理的安置补偿履职复议案，当事人十余年未落实的还建房安置最终通过协商和解解决。上述实践说明，补偿标准并非不可撼动，依法异议与专业介入是提高补偿的有效路径。

IV. Practical suggestions and legal basis

The legal basis includes Article 47 (Acquisition Procedures and Announcements) and Article 48 (Compensation Principles and Costs) of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020); Article 66 (Order to Perform Duties) of the Administrative Reconsideration Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024); Article 24 (Time Limit for Applying for Performance of Duties) of the Implementing Regulations of the Administrative Reconsideration Law of the People's Republic of China (implemented on August 1, 2007); Articles 19 (Evaluation Objections) and 26 (Compensation Decisions) of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (implemented on January 21, 2011); and the provisions on compensation and resettlement in the Implementing Regulations of the Land Administration Law of the People's Republic of China (amended in 2021 and implemented on September 1, 2021). Action List: First, after receiving the acquisition plan, promptly review the evaluation basis and, if necessary, apply for a re-evaluation; Second, sort out the land ownership, building approval, and historical use evidence; Third, against the administrative authorities' failure to act, file an administrative reconsideration within the statutory time limit of 60 days or initiate an administrative lawsuit within six months; Fourth, conduct negotiations and legal procedures in parallel to promote substantive consultation through procedural pressure; Fifth, entrust professional lawyers to formulate strategies, details of which can be found here.Legal services for land expropriation and demolition, and administrative litigation.

5. Hengluo Law Firm's Advice

The greatest risk of increasing compensation is "procrastination" and "concession": missing the review and litigation deadlines will result in losing the procedural opportunities for compensation; making concessions too early and unconditionally will give up the room for negotiation. In terms of evidence, it is more beneficial to fix the land titles, approval documents, evaluation reports, and communication records as early as possible. When encountering situations such as houses being identified as illegal buildings or replacing official duties with transferring cases, there's no need to panic, as there is still ample room for legal objections. It is recommended that you...Beijing Henglu Law FirmUnder the assistance of professional lawyers, we grasp the procedural nodes and base the compensation negotiations on solid evidence and legal judgments.

VI. Frequently Asked Questions

Q1: The compensation standard is too low. Can negotiations definitely increase it?

We cannot guarantee the outcome, but there is still room for improvement according to the law. The compensation standard is not final. In cases such as unreasonable appraisals, procedural violations, and misidentifications of the property nature, clients can strive for more reasonable outcomes through review, mediation, administrative reconsideration, or litigation. In the case handled by Attorney Zhang Wei, the compensation was increased from 700,000 yuan to 1.45 million yuan. However, the ownership, evidence, and local policies vary from case to case, and the final amount depends on the facts and legal determinations. No lawyer can unilaterally guarantee an increase in compensation.

Q2: What evidence do I need to prepare to negotiate for higher compensation?

The core includes five categories of materials: 1. Land and housing ownership certificates, such as collective land construction land use certificates, building approval documents, and property ownership certificates; 2. Land expropriation approval and announcements, compensation plans, and appraisal reports; 3. Photos and value certificates of the house area, decoration, and attached facilities; 4. Communication, application, mailing, and receipt records with administrative authorities; 5. Evidence of residential conversion to commercial use and the construction dates and long-term use proof of historically unlicensed buildings. The materials are organized chronologically, which not only supports negotiation and pricing but also serves as evidence in administrative review and litigation processes.

Q3: How much does it cost to hire a lawyer to negotiate for a higher compensation?

The attorney's fees are determined by the law firm in consultation with the client based on the complexity of the case and the amount of the subject matter. There is no unified government pricing, and fees are typically charged on a per-case basis or as a percentage of the compensation amount. The acceptance fees for administrative review and administrative litigation cases are relatively low, and those who are financially struggling can apply for deferral, reduction, or exemption in accordance with the law. Compared with the long-term losses caused by hastily accepting low compensation, professional input in the early stage usually offers a higher cost-performance ratio. It is recommended to clarify the fee charging method and stages before entrusting the case to a lawyer.

Q4: How long does it take from raising an objection to receiving reasonable compensation?

The timeframes vary depending on the process: review and assessment are usually shorter; administrative review is completed within 60 days from acceptance, and the timeframe can be extended in complex cases; first-instance administrative litigation takes six months, with shorter timeframes for summary procedures. Negotiation and mediation can occur throughout all stages, and settlements are often faster than judgments. It's important to note that the statutes of limitations for review and litigation are strict deadlines, and failure to meet them will result in the loss of remedy eligibility. Therefore, it's more advantageous to initiate the process as early as possible. The specific timeframes depend on the stage of the case and local procedures.

Q5: What should I do if the administrative authority has not responded to my compensation application yet?

After the administrative organ receives the statutory application for performance of duties, transferring the case to a lower-level authority or failing to respond for a long time does not mean that the duties have been performed. According to the "Administrative Reconsideration Law of the People's Republic of China", the applicant may apply for administrative reconsideration within 60 days to request confirmation that the failure to act is illegal and order the performance of duties; or may file an administrative lawsuit within six months. In this case, after the management committee transferred the case, it failed to handle it within the time limit. The reconsideration organ therefore ordered it to handle the case within 60 days. It is recommended to fix the evidence of receipt, transfer, and communication at the same time, and if necessary, entrust a lawyer to initiate the procedure to press for a substantive response.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney Zhai Chao Li·Beijing Henglu 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.