[Direct answer]There is no nationwide uniform amount for the compensation for the expropriation of residential plots: the standards for land compensation fees and resettlement assistance fees are determined by provinces, autonomous regions, and municipalities directly under the Central Government through the formulation and announcement of comprehensive land prices in specific areas. Overall, it should be fair and reasonable, ensuring that the original living standards of farmers whose land is expropriated will not be reduced and their long-term livelihoods will be guaranteed (Article 48 of the Land Management Law of the People's Republic of China, amended on August 26, 2019). Compensation usually includes land compensation fees, resettlement assistance fees, compensation for houses and attached structures on the residential plots and seedlings, and social security costs for farmers whose land is expropriated. When expropriating rural villagers' residences, compensation should be provided first and then relocation. If living conditions are improved, methods such as rearranging residential plots for house construction, providing resettlement housing, or monetary compensation can be adopted. If dissatisfied with the decision on compensation and resettlement, a party may file for reconsideration within 60 days or bring a lawsuit within six months. Beijing Henglu Law FirmLand expropriation and demolition lawyer teamThis can be calculated on a case-by-case basis. For more details, please refer to the following link:Beijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Article 48 of the Land Administration Law of the People's Republic of China (amended on August 26, 2019)

The land expropriation shall provide fair and reasonable compensation to ensure that the original living standards of the farmers whose land is expropriated will not be reduced and their long-term livelihoods will be guaranteed. For the expropriation of rural villagers' residences, compensation shall be provided in accordance with the principle of "compensation first and then relocation", and the living conditions shall be improved. Compensation shall be provided in the form of rearranging homesteads for house construction, providing relocation housing or monetary compensation, and compensation for relocation and temporary resettlement costs caused by the expropriation. The land compensation fees and resettlement assistance fees shall be determined by the comprehensive land prices of the provincial zones, and shall be adjusted or re-announced at least every three years. This article is the general principle of compensation for homesteads, which specifies "what to compensate and how to compensate".

2. Article 32 of the Implementing Regulations of the Land Administration Law of the People's Republic of China (effective on September 1, 2021)

All compensation fees for land expropriation shall be fully in place and used for the specified purpose; according to the fourth paragraph of the article, the compensation fees for land expropriation shall specify the amount of funds received, the time of receipt, the information of the special account for the funds, and the scope of land expropriation, so as to safeguard the right to know and the right to supervision of the farmers whose land is expropriated. If the funds are not fully in place when the expropriation is initiated or the land is required to be vacated, it is a procedural violation. The farmers whose land is expropriated may raise objections and apply for reconsideration on this basis, and require that the funds be settled first before discussing the relocation.

3. Practical judicial interpretation guidelines

In practice, compensation for residential plots is handled on the basis of the "integration of housing and land": the value of the right to use the residential plot is generally reflected through the rearrangement of the residential plot, resettlement housing, or monetary resettlement. The value of the aboveground buildings is calculated according to the replacement cost or market appraisal value, along with relocation fees, temporary resettlement fees, and social security arrangements. The court's review focuses on three aspects: first, whether the compensation and resettlement decisions clearly state the components and calculation basis. Decisions lacking key evidence will be revoked according to law; second, unlicensed houses and historical buildings should not be treated as illegal structures or "small property rights houses" to reduce compensation. This applies especially to cases where the beneficiaries meet the requirements of "one household, one plot" and have clear member identities; third, differential arrangements such as selective compensation within the same project and unequal treatment of men and women may be deemed to violate the principle of fair compensation and contravene higher-level laws.

II. Henglue Lawyer's Real Cases (Detailed Review)

Review of the case:As early as 1988, 14 villagers from Guangming Village in B District, City A of Hebei Province raised funds to build the "Daughter's Building" and have been legally living and using it for a long time. During the urban village renovation, the house was included in the scope of expropriation. On August 28, 2023, the district government issued and delivered the "Land Expropriation Compensation and Resettlement Decision", classifying the Daughter's Building as "small property rights housing", which directly led to a reduction in the subsidy standard and failed to guarantee the resettlement needs of one household per dwelling. Moreover, the procedure was also illegal. The 14 villagers entrusted Beijing Henglu Law Firm to handle the case for them.Wu JianiThe lawyer, as a joint representative, defended the client's rights and interests. The lawyer first applied for administrative reconsideration to the municipal government, which was upheld; then sued the municipal intermediate court. After the first-instance trial, the defendant was allowed to supplement evidence twice, and the judgment was dismissed. The lawyer then represented the client in appealing to the provincial high people's court.

The focus of the controversy:First, whether it is a procedural violation for the first-instance court to request the defendant to supplement evidence twice after the trial; Second, whether the determination of the facts of the expropriation is incorrect, including the failure to prove that the expropriation announcement has been posted according to law, the unclear scope of the expropriation, the use of the collective construction land approval for expropriation issued 14 years ago, the expropriation of less land than the approved amount, and the selective compensation that violates the principle of fair compensation; Third, whether the minutes of the relevant special meetings treat the daughter's building as a small property right house, which is in conflict with the higher-level laws, and whether they should be reviewed together.

Our position and the position of the other party are as follows:14 villagers requested to revoke the illegal "Land Acquisition Compensation and Resettlement Decision" and the review decision, as well as the first-instance judgment, and ordered the district government to make a fair decision again. The district government claimed that the Daughter Building was a small property house, and the subsidy standard was in compliance with regulations; the municipal government maintained the review decision; and the first-instance court ruled that the decision was legal.

Attorney's Strategy and Legal Opinions:Attorney Wu Jianni put forward three core arguments in the trial at the provincial high court: Firstly, the first-instance proceedings were illegal. After the trial, the appellee was twice requested to supplement evidence, which violated the rules of evidence in administrative litigation. Secondly, the facts were misidentified — the district government failed to prove that it had posted the expropriation notice, the scope of expropriation was unclear, it did not implement the compensation plan, and the selective compensation violated the principle of fair compensation established by the Land Management Law of the People's Republic of China. Moreover, it used the expropriation approval documents issued 14 years ago, and the amount of compensation was less than the actual value of the property. Thirdly, relevant documents such as the minutes of thematic meetings contained content of gender inequality, which conflicted with higher-level laws and should be reviewed together according to law. The attorney requested to revoke the first-instance judgment, change the judgment to revoke the compensation and resettlement decision, and order a new review.

The court's reasoning and case handling results:After the trial, the Provincial Higher People's Court supported some of the lawyers' claims, finding that the district government's decision on land expropriation compensation and resettlement lacked sufficient evidence and should be revoked according to law; the municipal government's review decision and the first-instance judgment failed to establish the facts clearly, and were revoked together. The final verdict was: revoke the first-instance judgment of the Municipal Intermediate Court, revoke the administrative review decision of the municipal government, and revoke the district government's "Decision on Land Expropriation Compensation and Resettlement". The district government was ordered to make a new decision within 60 days. The 14 revised judgments secured the villagers the opportunity to receive fair compensation, and also confirmed the judicial tendency that historically formed houses on residential plots should not be simply classified as "small property rights houses" to reduce the compensation amount.

This case is handled by Beijing Henglu Law Firm.Wu JianiThe lawyer (practice certificate number: 11101202011245064, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: What specific items are included in the compensation for the expropriation of residential plots?

Usually, there are five components: land compensation fees (belong to the collective and used for member distribution), resettlement assistance fees (to ensure the resettlement of members), compensation for houses and attachments on residential plots (based on the replacement cost or appraised value), seedling compensation, and social security costs for farmers whose land is expropriated; the expropriation of residences also involves relocation fees and temporary resettlement fees. According to Article 48 of the Land Management Law, all items should be paid in full and on time. The compensation for residences follows the principle of compensation before relocation and improvement of living conditions. If there are any missing or incomplete items, the parties concerned may raise objections in writing.

Q2: Who will receive the land compensation fee, and how much will the villagers receive?

The land compensation fees shall belong to the rural collective economic organizations, but the collective shall formulate a distribution plan in accordance with the democratic decision-making procedures and distribute them to villagers who qualify as members. The distribution rules shall not deprive the legitimate rights and interests of women, new members and other groups; the resettlement assistance fees shall be used for the resettled persons in accordance with the regulations and the distribution plan of the locality. If there are any objections to the distribution, the villagers may verify them through the openness of village affairs and, if necessary, sue to safeguard their rights and interests as members in accordance with the law.

Q3: How to evaluate and appraise the value of the house on the residential plot?

The standard practice is for qualified appraisal institutions to conduct appraisals based on the time point of the announcement of the expropriation decision. For residential properties, the appraisal methods commonly used include the market comparison method or the replacement cost method, taking into account factors such as location, area, structure, decoration, and depreciation rate. If there are objections to the appraisal results, the party concerned may apply for a review of the appraisal after receiving the report. If there are still objections to the review results, they may apply to the expert committee for appraisal. If the appraisal institution is selected without consultation or the report is not delivered in accordance with the law, resulting in an inability to conduct a review, the party concerned may claim that the compensation decision lacks sufficient evidence and violates legal procedures.

Q4: Can the houses on residential plots without property ownership certificates still be compensated?

In most cases, this is possible. If the house was built historically, the villagers meet the requirements of "one household, one dwelling" and have membership status, and there are supporting documents such as building approval or village committee certificates, the lack of a certificate does not necessarily mean losing the right to compensation. Courts generally believe that compensation should not be denied solely on the basis of registration defects. Conversely, in cases such as illegally occupying arable land for construction or exceeding the approved area, compensation will be limited or not recognized. It is crucial to organize building certificates, membership status, and actual living evidence as early as possible in order to secure full compensation.

Q5: What should I do if I'm not satisfied with the compensation and resettlement plan or decision?

It is divided into two stages: the announcement stage of the plan, during which written opinions can be submitted and hearings can be requested within the proposed time limit; after the decision on compensation and resettlement is made, an administrative review can be applied for within 60 days from the date of knowing it, or an administrative lawsuit can be filed within 6 months, and the applicant can also request to review the normative documents on which the plan is based. If circumstances such as granting too little compensation to too many people or selective compensation are found, attention should be paid to collecting evidence comparing the compensation standards of other projects in the same project to provide evidence for the revocation of the decision.

IV. Suggestions for Protecting Rights and Interests

  • Before the start of the expropriation, an application for information disclosure shall be submitted. The expropriation approval, the comprehensive land price of the area, and the compensation and resettlement plan shall be verified to confirm whether the houses and land are within the scope of the expropriation.
  • Before the compensation negotiation, sort out the proofs of building approval, membership status, water and electricity payments, and length of residence, etc. For unlicensed buildings and those built in the early years, it's even more important to prepare all the necessary documents.
  • First, apply for a review of the assessment report upon receipt, and don't sign it hastily. Then, file an appeal against the compensation and resettlement decision within 60 days, and initiate legal proceedings within six months.
  • Monitor the availability of compensation funds. You can request the disclosure of the amount and timing of the funds' arrival, as well as information about the special account. If the funds are not fully available, you can raise objections.
  • If there are significant differences in the compensation standards for the same project, and if historical houses are classified as small property rights houses and thus receive lower compensation, it is advisable to hire a lawyer as soon as possible to correct the situation through appeal and litigation.

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