[Direct answer]In the Beijing area, if you disagree with the administrative penalties (such as ordering demolition within a specified time limit or fines) imposed on illegal buildings, you can apply for administrative reconsideration within 60 days from the date of receiving the punishment decision, or file an administrative lawsuit within six months. According to Article 64 of the Law of the People's Republic of China on Administrative Punishments (implemented on July 15, 2021) and the Law of the People's Republic of China on Urban and Rural Planning (amended on April 23, 2019), penalties that are based on unclear facts, illegal procedures, or incorrect application of laws can be revoked, modified, or confirmed as illegal. It is recommended to first verify whether the building is indeed an illegal construction, whether the subject of the punishment and the service procedures are legal, fix the evidence in time, and consult a professional lawyer. For more details, please refer to the following link:Land expropriation and demolition services, and administrative litigation services.

1. Problem background and typical scenarios

In the process of land expropriation and urban renewal, parties often feel anxious when their houses are identified as illegal buildings and receive administrative penalties such as demolition orders or fines. Typical scenarios include: historically unregistered houses; the entirety of an overbuilt or added-story portion being classified as illegal construction; buildings within the expropriation scope being penalized for lacking proper procedures to depress compensation levels; and administrative penalties being issued solely based on aerial photography or identification notices without thorough investigations. Many people mistakenly believe that "illegal buildings won't be compensated," but in fact, the legality of such penalties can be legally reviewed. For disputes over housing ownership, relevant evidence can be combined with the administrative penalties to clarify the ownership of the house.Real estate sales and construction project servicesLet's discuss it together.

II. Key points of contention

The focus of the controversy lies in three aspects. Firstly, fact determination: Whether the building is indeed an unapproved construction and whether it affects the planning needs to be judged based on the construction era, local policies, and historical causes, and cannot be generally identified as an illegal construction. Secondly, procedural legality: Whether the right to be informed, to make statements, and to defend oneself was notified before the punishment, whether the documents were delivered in accordance with the law, and whether an investigation and hearing were conducted. Procedural defects may lead to the revocation of the punishment. Thirdly, the relationship with compensation: In some regions, illegal punishment is used to force low compensation, and the two should be examined separately. When handling similar cases in Beijing, the authorities conduct a detailed review of the overlapping situations between unlicensed historical buildings and expropriation determinations, emphasizing the distinction between two legal relationships: construction violations and expropriation compensation.

III. Professional analysis by Hengluo Law Firm

Taking the land expropriation information disclosure case handled by our firm as an example: Liu **, a villager of Group 1 of Shuguang Village in City H, had his lawfully-owned house included in the expropriation for high-speed rail construction but received no compensation. On September 23, 2025, he applied to the municipal government for disclosure of seven core land expropriation information, but the municipal government refused disclosure on the grounds that "the house had not been expropriated and the information did not exist." The core dispute was whether the administrative organ could evade its disclosure obligation by citing "the information does not exist." After attorney He Ningning represented him, he filed for administrative reconsideration twice, pointing out that the pre-announcement and announcement of the expropriation did not contain the legally required elements, the proof of compensation funds being in place was inconsistent with the application content, the subject of the stability assessment report was identified incorrectly, and the compensation and resettlement plan announcement was not disclosed in accordance with the law, violating Articles 26, 28, and Paragraph 4 of Article 32 of the Implementing Regulations of the Land Administration Law of the People's Republic of China (effective September 1, 2021). On April 14, 2026, the second-instance reconsideration authority ruled that the respondent had failed to fulfill its statutory obligation to disclose government information and ordered the provision of information such as the land expropriation announcement. This meticulous verification of statutory elements is also applicable to the verification of the legality of announcements and decisions in cases of punishment for illegal construction. This case was handled by Beijing Henglu Law Firm.He NingningThe lawyer (practice license number: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core legal basis includes the provisions on notification, hearing, and service of documents in the Administrative Punishment Law of the People's Republic of China (effective July 15, 2021); Article 64 of the Urban and Rural Planning Law of the People's Republic of China (amended on April 23, 2019) (dealing with cases where construction projects are built without obtaining planning permits or in violation of the permit requirements); and Article 44 of the Administrative Enforcement Law of the People's Republic of China (effective January 1, 2012) (requiring that announcements be made before forced demolition of illegal buildings, and that the parties not appeal or file lawsuits within the statutory time limit before demolition). Practical suggestions: Immediately check the document number, service date, and factual basis of the punishment decision upon receipt; apply for administrative reconsideration within 60 days or file a lawsuit within six months; claim the revocation of the illegal procedures; collect evidence of building approval, historical use, and ownership, and, if necessary, apply for public disclosure of the basis for the determination. Where expropriation is involved, relevant evidence can be combined with the above-mentioned materials to support the claim.Inheritance succession and family property division servicesCoordinate property rights and interests.

5. Hengluo Law Firm's Advice

Do not wait passively for administrative penalties for illegal construction. The time limits for reconsideration and litigation are relatively short, and failure to meet the deadlines will result in the loss of the right to relief. Legal penalties do not mean that compensation will be zero. Illegal construction and compensation for expropriation should be handled separately. It is recommended to fix evidence and check procedural nodes as soon as possible to avoid the "substitution of penalties for compensation" eroding legitimate rights and interests. In case of complex situations, you can seek help from professionals.Special services and other case servicesObtain targeted support.

VI. Frequently Asked Questions

Q1: If I'm not satisfied with the punishment for illegal construction, can I have it revoked or overturned? What are the chances of success?

There's a realistic possibility, but it depends on the evidence. If the punishment is based on unclear facts (such as failing to distinguish between legal and illegal construction), procedural violations (failure to notify, deliver, or hold a hearing), or incorrect application of the law, the review authority or court may revoke, modify, or confirm the illegality. However, lawyers cannot predict the outcome. The key lies in whether you can provide evidence of the building's history, ownership, and procedural flaws. The earlier you intervene and the more complete the evidence, the higher the probability of successful relief. It's not advisable to judge solely based on "whether you can win".

Q2: What materials do I need to prepare for applying for an administrative review or litigation?

Suggested preparation: the original copy of the penalty decision and the delivery certificate (to determine the starting date of the time limit); evidence of the construction date of the house, approval or historical use (land use right certificate, old photos, village committee certificates); materials proving procedural defects (failure to receive notification, lack of hearing records); official documents related to expropriation or planning; and identity and entrustment procedures. The more materials can point to factual or procedural issues, the more targeted the review and litigation will be, and it can help avoid making vague claims.

Q3: How much does it generally cost to hire a lawyer to deal with penalties for illegal construction?

The attorney's fees are negotiated between the law firm and the client. They are usually charged on a contingency basis or by stages, with the specific fees subject to the contract. There is no nationwide standard pricing. The fees are typically related to the complexity of the case, whether it involves litigation, and the workload. It is recommended to request a detailed fee breakdown, clarifying the stages of representation and whether it includes litigation fees, travel expenses, and other third-party costs. Compared to the potential losses from demolition or fines imposed as a result of penalties, early professional intervention is often more cost-effective. However, clients should avoid unrealistic promises of guaranteed success in litigation.

Q4: How long does it usually take from receiving a penalty to obtaining a remedy?

Generally, an administrative review decision will be made within 60 days from the date of acceptance, and the time limit may be extended if the case is complex. For administrative litigation, the first-instance ordinary procedure shall be concluded within six months, and the simplified procedure shall be concluded within three months. If dissatisfied with the review decision, one can file a lawsuit again, and the overall process often lasts for several months. Forcible demolition can only be implemented after the review and litigation time limits have expired and the announcement procedure has been completed. Therefore, initiating relief in a timely manner can effectively prevent demolition. It is recommended to entrust a lawyer as soon as possible before the deadline to avoid losing the right to seek legal remedies due to exceeding the time limit.

Q5: I don't agree with the punishment for illegal construction. What should I do first?

It is recommended to proceed in four steps: First, immediately make copies or take photos to preserve the penalty decision, the receipt of service and the on-site documents, and lock in the starting date; Second, sort out the construction time of the house, the approval and historical use evidence, and distinguish between legal and illegal construction parts; Third, verify whether the penalty procedures (notification, hearing, service) are legal, and fix the clues of defects; Fourth, apply for administrative reconsideration within 60 days or sue within six months, and, if necessary, entrust a lawyer to formulate a plan for parallel reconsideration and litigation.

The above answer is based on the judicial practice in Beijing. The judicial interpretation 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 relevant evidence, to avoid missing the statutory time limits. →Land expropriation and demolition legal services·Attorney He Ningning·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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 a timely manner.