[Direct answer]After signing the demolition compensation agreement, if the acquisition party fails to pay the compensation or deliver the resettlement housing, the party concerned may file an administrative lawsuit in accordance with Article 12 Paragraph 1 Item 11 and Article 78 of the Administrative Procedure Law of the People's Republic of China, requesting the acquisition party to continue to perform the agreement, take remedial measures, or compensate for losses; if the judgment remains unenforced after it takes effect, the party concerned may apply to the people's court for enforcement. Note three points: The lawsuit shall generally be filed within 6 months from the date when the party concerned knows that the acquisition party fails to perform its obligations (Article 46 of the Administrative Procedure Law); the original agreement, payment records, and written reminder certificates are the core evidence; the agreement is binding on both parties, and the acquisition party may not refuse to pay on the grounds of renegotiating the agreement. You can consult first.Legal services for land expropriation and demolition, and administrative litigationEvaluate the plan.

I. Problem background and typical scenarios

The compensation agreement has been signed, but the compensation funds have not been deposited into the account on time; the resettlement housing was supposed to be delivered in two years, but it hasn't started construction after five years; the transitional allowance was paid for several months but suddenly stopped; and the acquisition department reneged on its commitments after a change of personnel — non-performance of agreements is the most common dispute in the post-demolition phase. Common situations include: the acquisition party failing to pay any compensation or only paying a portion after the payment deadline; the resettlement housing being delivered late and failing to pay the temporary resettlement allowance as agreed; the acquisition party demanding a recalculation and reducing the compensation under the pretext of disputes over the housing area and ownership; and indefinitely delaying the process by citing the transfer of the case handler or uncompleted approvals. Many parties mistakenly believe that "once the agreement is signed, they can only wait." In fact, legally signed agreements are binding on both parties, and the acquisition party must bear legal responsibility for non-performance. Delays simply shift the risks to the demolition victims.

II. Key points of contention

  • The nature of the agreement and the litigation path: The expropriation compensation agreement is an administrative agreement, and the party concerned should seek to fulfill the obligations through administrative litigation rather than initiating civil litigation based on an ordinary civil contract. Choosing the wrong litigation path may result in the case being dismissed and the party having to file a new lawsuit, wasting time and missing the deadline for claiming rights and interests.
  • Determination of liability forms: How to claim for continued performance, remedial measures, and compensation for losses; whether transitional fees and breach of contract damages can be claimed together when resettlement housing is delayed, directly affecting the ultimate benefits received.
  • Handling of the acquirer's defense: The acquirer often claims that the agreement is invalid or requests amendment on the grounds that the agreement has not been approved, the content is obviously unfair, or the policy has been adjusted. Whether these defenses are valid needs to be reviewed on a case-by-case basis. The issue of the validity of the relevant contract can be considered in conjunction with the above factors.Business and contract dispute resolution services for enterprisesAnalysis.

III. Professional analysis by Henglue Law Firm

Among similar cases handled by Henglue Lawyers, applying multiple legal strategies in parallel is an effective way to compel the acquisition side to fulfill their obligations. Taking a collective land acquisition and compensation case as an example: Liu * from a certain village transferred half of his family's land to a neighbor for use, with the village committee acting as a witness to the transaction. In 2025, the land parcel was included in the acquisition scope, and the neighbor successfully received the compensation payment. However, Liu * was directly denied compensation by the acquisition department because he could not provide the land use rights certificate. The land had already been occupied by the project construction, leaving him unable to use the land and receiving no compensation at all. After accepting the case, Henglue Lawyers developed a multi-pronged approach: applying for government information disclosure to verify the legality of the acquisition project and the availability of compensation funds; initiating administrative review against evasive responses; requesting village affairs disclosure to secure evidence of the village committee's transfer certificate and members' rights in the collective economic organization; and simultaneously submitting a written application to the acquisition entity demanding fulfillment of resettlement and compensation obligations. After applying multiple legal strategies in parallel, the acquisition department finally changed its attitude, and Liu * eventually signed a resettlement and compensation agreement with the district acquisition office, with the full compensation of 309,000 yuan being paid in full. This case demonstrates that in the face of delays and refusals to pay, relying solely on repeated on-site negotiations is limited in effectiveness. Only by combining information disclosure, administrative review, and applications for official duties can we bring the acquisition side back on track to fulfill their legal obligations.

IV. Practical suggestions and legal basis

At the legal basis level: Article 12 Paragraph 1 Item 11 of the Administrative Procedure Law of the People's Republic of China (amended in 2017) includes situations where administrative organs fail to perform or fail to perform land and housing expropriation compensation agreements according to law into the scope of accepted cases; Article 78 stipulates that if the defendant fails to perform or fails to perform the agreement according to law, the people's court may order it to bear responsibilities such as continuing to perform, taking remedial measures, or compensating for losses. Article 577 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) regarding breach of contract responsibilities such as continuing to perform and compensating for losses can, in accordance with the "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Agreement Cases" (implemented on January 1, 2020), be applied by analogy to situations not stipulated in the administrative agreement. At the practical advice level: When signing the agreement, list the compensation amount, payment period, resettlement housing delivery time, overdue transition fees, and breach of contract responsibilities one by one in the agreement; send a written reminder and keep evidence if the payment is overdue; if no agreement is reached through negotiation, sue in court in time and apply for property preservation if necessary; if the other party refuses to perform after the judgment, apply to the court for enforcement, and the problems in the enforcement process can be combined with the above-mentioned provisions.Creditor-debtor relations and enforcement case servicesEvaluation.

5. Henglu Law Firm's Reminder

The most worrying thing when an agreement cannot be fulfilled is that evidence might be lost and deadlines might be missed. Before suing, you should prepare the original agreement, the certificate of ownership of the house, and the payment and reminder vouchers. For the oral promise of the acquisition party that "the payment will be made next month", it must be put in writing. The above-mentioned case of implementing the acquisition compensation was handled by Beijing Henglu Law FirmHe NingningThe lawyer (practice certificate number: 11101202511925103, subject to the document issued by the judicial administrative organ) acts on behalf of the client. The client eventually signs the agreement and receives the full compensation. If you also encounter the dilemma of signing the agreement but not receiving the money, or the resettlement housing being indefinitely delayed, it is recommended that you seek help as soon as possible through legal channels.Beijing Henglu Law FirmConsult, evaluate, and propose litigation and preservation strategies.

Q1: If the demolition agreement stipulates that the acquisition party should make payments, but they fail to do so, can we directly file a lawsuit against them?

Yes. The expropriation compensation agreement is an administrative agreement. If the expropriator fails to perform its obligations according to law or in accordance with the agreement, it shall fall within the scope of jurisdiction of the people's court in accordance with Article 12, Paragraph 1, Item 11 of the Administrative Litigation Law of the People's Republic of China. According to Article 78 of the same law, the people's court may order the expropriator to continue to perform its obligations, take remedial measures, or compensate for the losses. Before suing, it is recommended to send a written reminder and keep the relevant evidence, which can not only fix the evidence but also give the other party a chance to correct the situation. When suing, claim the performance of the agreement and the losses caused by the delay together, and strive to solve the payment and compensation issues in one go to avoid procedural delays.

Q2: To sue the expropriating party to fulfill the agreement, what evidence do I need to prepare?

The core elements are divided into four categories: 1. The original agreement and supplementary agreements, which serve to prove the agreed amount, duration, and methods. 2. Proof of ownership of the house and land, appraisal reports, and records of the signing process, which demonstrate that the agreement was legally valid and enforceable. 3. Demand letters, mail receipts, and chat records, which show that the acquisition party failed to fulfill its obligations on time and that you have continuously asserted your rights. 4. Evidence of losses, such as rental contracts for off-campus housing and records of transitional compensation payments, which are used to claim overdue interest, transitional compensation, or damages for breach of contract. The evidence should form a complete chain of proof. In particular, the demand letters often directly influence the court's determination of the facts of breach of contract and the scope of losses.

Q3: The expropriating party has been delaying the process. After how long can't they file a lawsuit anymore?

The statute of limitations for administrative litigation is generally six months from the date when the party knows or should have known the content of the administrative act (Article 46 of the Administrative Litigation Law of the People's Republic of China). In the case of non-performance of the agreement, it usually starts from the expiration of the agreed performance period or when the expropriator explicitly refuses to perform. For cases involving real estate, there is a maximum protection period. It should be noted that repeated oral demands will not interrupt the calculation of the statute of limitations. Late litigation may result in the loss of the right to win the case. If it is found that the expropriator fails to perform on time, the party should file a lawsuit within the time limit as soon as possible and evaluate whether to apply for property preservation to prevent the funds from being misused for other purposes.

Q4: If the resettlement housing is delivered late, can I ask for a higher transitional fee?

Generally, it is possible. If the agreement stipulates the standard of temporary resettlement fees or transition fees, the party concerned shall continue to pay them during the overdue period in accordance with the agreement; if the agreement stipulates the liability for breach of contract for overdue delivery of the house, the party concerned may claim compensation for losses together. If the agreement does not explicitly stipulate the handling method for overdue delivery, the party concerned may claim compensation for losses in accordance with Article 78 of the Administrative Litigation Law of the People's Republic of China, and calculate the amount by referring to the provisions on overdue temporary resettlement fees in the local expropriation and compensation plan. When claiming compensation, the party concerned should keep the original agreement, the payment records of previous transition fees, and the actual rental expenditure vouchers, so as to facilitate the court's verification of the overdue period and the scope of losses.

Q5: If the expropriator says the agreement is invalid or wants to renegotiate it, what should I do?

The compensation agreement signed in accordance with the law is legally binding on both parties. The expropriating party cannot unilaterally renege on the agreement on the grounds of leadership changes, policy adjustments, or personnel changes, nor can it arbitrarily amend or terminate the agreement. In the case of statutory circumstances such as major and obvious violations of the law, the expropriating party shall also handle the matter through legal procedures and compensate for your losses. If you encounter verbal pressure to "renegotiate," you should respond in writing that you will continue to perform according to the agreement and keep the communication records. If the other party refuses to pay, you can directly file an administrative lawsuit to claim continued performance. Remember not to sign supplementary agreements or commitment letters that give up your rights under pressure.

If you are 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 limit.Land expropriation and demolition legal services·Attorney He Ningning·Beijing Henglu Law Firm