[Direct answer]Prepare according to the following four groups: ownership, demolition facts, loss list, and procedural documents. If any group is missing, the process will be stalled. According to Article 36 of the State Compensation Law of the People's Republic of China (effective January 1, 2013), compensation is limited to direct losses; Article 4 stipulates that victims have the right to obtain compensation if property is illegally expropriated. If the demolition entity is unclear or the administrative organ fails to prepare on-site records, the burden of proof will be shifted: according to the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Compensation Cases" (effective May 1, 2022), if the administrative organ's reasons prevent the plaintiff from providing evidence, the administrative organ shall provide the evidence. The statute of limitations for requesting compensation is two years, starting from the date the act is confirmed to be illegal.

I. Problem Background and Typical Scenarios

After the forced demolition, what often remains in the hands of the parties involved are just a few mobile phone videos: property ownership certificates, land use certificates, building approval forms, lease contracts, and purchase invoices, which might have been taken away along with the house; appraisal agencies didn't arrive on site, so the house's area and structure could only be described based on memory; the items inside the house were loaded onto trucks and transported away without being inventoried; and the leasing companies even left copies of their business licenses in the office. What's more troublesome is that no one at the demolition site showed any identification documents, and afterward, various departments shirked responsibility. This lack of evidence is the direct reason why compensation requests are greatly reduced. It's worth noting that evidence doesn't have to be collected only after the fact. Many records can be retrieved from third-party channels: real estate registration centers can check archives, village committees and township governments keep records of residential land approval, power and water supply departments have account opening and payment archives, market supervision departments have registered addresses and annual reports, tax departments have tax declaration records, and bank transaction records can reflect the scale of operations. Putting these scattered records together is often more convincing than the parties' own recollections. In Beijing, the review of ownership sources and loss proofs is particularly rigorous in such compensation cases, so it's better to prepare the materials as early as possible.

II. Key points of contention

First, whether the house is a legal building. The absence of a permit does not necessarily mean that it is an illegal construction. Houses that have existed historically can be verified through comprehensive assessments based on building approval documents, village committee certificates, aerial photography images, and payment receipts. Even if it is identified as an illegal construction, it is necessary to review whether the identification process is legal and whether the right holder has been given the opportunity to present their case and defend themselves. Second, how to define the scope of losses. Direct losses include the value of the house, its decoration, items inside the house, and relocation and temporary accommodation costs. In the case of state-owned land expropriation, losses due to production and business suspension are statutory compensation items. However, in administrative compensation cases, the causal relationship between the demolition and the losses must be proven. Third, the assessment timing. If the house has been destroyed, its value is typically determined at the time the compensation decision is made or at a time favorable to the rights holder. It is necessary to explicitly state and justify this claim in the application, otherwise it may be calculated based on the lower standards at the time of demolition. Fourth, the allocation of the burden of proof. The plaintiff must prove the existence of the damage, while the defendant must prove the legality of their actions. If the defendant's actions prevent the plaintiff from providing evidence, the burden of proof shifts to the defendant. This rule is most evident in cases involving property losses. Fifth, the choice of procedure. It is possible to raise a compensation claim in the lawsuit challenging the illegality of the construction, or to apply separately to the compensation obligation authority. In the latter case, it is necessary to pay attention to the two-month time limit for making a decision and the subsequent three-month litigation period. Sixth, the statute of limitations. The two-year period starts from the date the illegality is confirmed. If the illegality has not been confirmed in advance, the starting point of the statute of limitations is subject to controversy. It is advisable to initiate proceedings as early as possible to avoid being passive.

III. Professional analysis by Hengluo Lawyers

The organization of compensation cases is different from ordinary litigation. It's not about reasoning first and then finding evidence, but first arranging the evidence into a table and then placing the claims on the table. Hengluo Lawyers usually divide the materials into four columns: the ownership column includes real estate registration materials, residential land approval forms, sales contracts, inheritance documents, and village committee certificates; the demolition column includes police report receipts, police response records, on-site videos, construction announcements, and written witness statements; the loss column includes house surveying and photos, decoration contracts and invoices, item lists and purchase certificates, lease contracts and rental records, business licenses and tax payment records, and employee social insurance payment details; and the procedural column includes expropriation decisions, compensation plans, appraisal reports, notices to demolish within a specified period, and delivery receipts. After all four columns are complete, the amount is calculated item by item: for those with evidence, it's based on invoices; for those without evidence, it's based on similar market prices or an application for appraisal; and for those who really can't provide evidence, a clear request is made for the court to determine the amount according to law. This structure is not easily dismantled item by item in the courtroom and is also convenient for judges to quickly verify it.

Unlicensed housing is the most common source of misunderstandings in such cases. Many parties give up their claims because they "don't have a license". In fact, if the administrative authorities fail to conduct investigations, make determinations, or provide opportunities for statements and defenses before demolition, the demolition itself will have procedural flaws. The valuation of the house will return to objective factors such as the construction time, structure, area, and use. Compiling aerial photos of the construction period, compensation cases in the same village during the same period, and the registration time of water and electricity accounts is often more useful than repeatedly emphasizing "the house is mine". Another easily overlooked aspect is the evaluation: when the house has been lost, the court may commission an evaluation agency to calculate the reconstruction cost combined with location factors. At this time, the original photos, decoration contracts, and floor plans provided by the parties become the basis for the evaluation, and their absence will directly affect the conclusion.

IV. Practical suggestions and legal basis

The citable norms include: Article 4, Article 36, and Article 39 of the State Compensation Law of the People's Republic of China (implemented on January 1, 2013); Article 34, Article 46, and Article 76 of the Administrative Litigation Law of the People's Republic of China (amended on June 27, 2017 and implemented on July 1, 2017); Articles 17, 19, and 20 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (implemented on January 21, 2011); Article 48 of the Land Administration Law of the People's Republic of China (amended on August 26, 2019 and implemented on January 1, 2020); the provisions on compensation and resettlement in the Implementing Regulations of the Land Administration Law of the People's Republic of China (implemented on September 1, 2021); and the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Compensation Cases" (implemented on May 1, 2022).

There are five operational suggestions: First, complete the materials list within seven days and sort them into four columns, noting the alternative sources for missing items; Second, synchronously apply for real estate registration and file retrieval for the approval of residential land, and solidify the ownership sources; Third, register items one by one. For lost receipts, use shopping records, warranty cards, and screenshots of the same model's market price as substitutes; Fourth, keep separate records for operating losses, supported by tax declarations, lease contracts, payrolls, and order contracts; Fifth, first submit a written application to the compensation obligation organ and retain the receipt of delivery. If no decision is made within two months or the decision is obviously too low, then file a compensation lawsuit with the court. The order of compensation requests and requests for confirmation of violations directly affects the calculation of the statute of limitations. For procedural details, please refer to the relevant documents.Land expropriation and demolition, and administrative litigation.

5. Henglu Law Firm's Reminder

The amount of compensation rarely depends on how high the claims are set, but rather on whether there are corresponding materials for each loss. It's better to focus on explaining the three core losses (house value, household items, and operational losses) in detail, as these typically account for the vast majority of the total amount. Additionally, two key time points should be noted: the date the illegal judgment takes effect marks the starting point of the two-year statute of limitations for compensation; and the date the compensation-liable authority receives the application marks the starting point of the two-month decision-making period. Both time points should be documented. For mailing, use EMS and indicate the document name on the detail sheet. For on-site submission, require the recipient to sign and date the receipt. If the house has been lost, don't wait until the litigation stage to collect photos. Family albums, social media records, and images in neighbors' phones can all be collected and preserved in advance.

VI. Frequently Asked Questions

Q1: Can the application for compensation and the confirmation of the violation be submitted simultaneously?

Yes. According to Article 76 of the Administrative Procedure Law of the People's Republic of China (amended on June 27, 2017 and implemented on July 1, 2017), if the people's court rules that an administrative act is illegal or invalid, it may simultaneously order the defendant to take remedial measures. If the plaintiff suffers losses, the court shall order the defendant to bear compensation liability in accordance with the law. In practice, it is often convenient to file a lawsuit for confirmation of the illegality of the administrative act at the same time as the lawsuit for compensation, which saves time and avoids the misalignment of deadlines. If the subject of the lawsuit is unclear or the losses need to be evaluated, the plaintiff may first file a lawsuit for confirmation of the illegality of the administrative act, and then apply for compensation from the compensation obligation organ after the judgment takes effect. It should be noted that the two-year statute of limitations stipulated in Article 39 of the State Compensation Law of the People's Republic of China (implemented on January 1, 2013) shall be calculated from the date on which the act is confirmed as illegal. Under the separate application path, this point should not be overlooked.

Q2: How to prove the ownership of a house when there is no property ownership certificate?

Use a set of materials to corroborate each other. Common combinations include: the use certificate of residential land or the collective land use certificate, the building approval form, the township planning permit, the ownership and actual use certificate issued by the village committee, the water and electricity account opening and payment records over the years, photos of the house and aerial images, written testimonies from neighbors, inheritance or family division agreements, sales contracts and payment receipts. For those without a residential land certificate, the land registration archives and approval records can be checked; for houses left by ancestors, household registration migration records, old photos, and village history materials can be used as supplementary evidence. According to Article 48 of the Land Administration Law of the People's Republic of China (amended on August 26, 2019 and implemented on January 1, 2020), the expropriation of rural villagers' residences shall be compensated in accordance with the principle of compensation first and relocation later, and with improved living conditions. Incomplete ownership certificates do not mean loss of compensation eligibility.

Q3: What documents are needed to prove the loss of property in the house?

The receipts are the first priority. If unavailable, substitute materials can be used. Available options include: shopping invoices, electronic orders and payment records, warranty cards, renovation contracts and settlement documents, appliance manuals, screenshots of the market price of the same product, and photos showing the brand and model. The list should be grouped by room or area, with each item clearly stating the name, quantity, purchase date, price, and depreciation. It must be signed by at least two witnesses. According to the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Compensation Cases" (effective May 1, 2022), if the plaintiff is unable to provide evidence due to the administrative organ's fault, the administrative organ shall bear the burden of proof. If the administrative organ failed to prepare an inventory record or notify witnesses during the demolition, the court may make a determination based on common sense and daily experience. The fewer receipts there are, the more important it is to pay attention to the detail of the list and the number of supporting evidence.

Q4: When does the two-year time limit for applying for compensation start?

According to Article 39 of the State Compensation Law of the People's Republic of China (effective January 1, 2013), the statute of limitations for requesting state compensation is two years, calculated from the date when the acts of state organs and their staff members in the exercise of their powers are legally confirmed to be illegal. This means that under the path of applying for compensation separately, the starting point is not the day of demolition, but the date when the judgment confirming the illegality or the decision on reconsideration takes effect; the time spent in detention or being restricted in personal freedom before that is not included in the statute of limitations. If a request for compensation is submitted together with the suit confirming the illegality, it is not subject to the two-year limitation, but must still comply with the time limit for filing a lawsuit. The risk point in practice is that if a request for compensation is not submitted for a long time after the judgment confirming the illegality takes effect, the right to win the lawsuit will be lost once the two-year period passes. Therefore, it is advisable to submit a written application within three months after the judgment takes effect.

Q5: After the district government refuses to compensate, which court should I sue in?

The case shall be filed with the basic-level people's court of the defendant's location. If the defendant is the district government, the case shall generally be under the jurisdiction of the basic-level court located at the district government's headquarters. For major and complex cases or those designated by higher-level courts, the case may be under the jurisdiction of an intermediate court. According to Article 18 of the Administrative Procedure Law of the People's Republic of China (amended on June 27, 2017 and implemented on July 1, 2017), administrative cases shall be under the jurisdiction of the people's court located at the headquarters of the administrative organ that initially made the administrative act. For cases subject to review, the court located at the headquarters of the review organ may also have jurisdiction. The time limit for filing a lawsuit is three months from the date on which the compensation obligation organ makes a decision. If no decision is made within the time limit, the time limit for filing a lawsuit shall be three months from the date on which the time limit expires. To file a lawsuit, you need to submit a compensation application, a service certificate, a compensation decision or a certificate of overdue compensation, and a judgment confirming the illegality. Preparing these documents in advance can save you the trouble of making multiple trips.

The above questions and answers are mainly based on the judicial practice in Beijing. 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 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·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. In case of disputes, please consult a practicing lawyer in time.