[Direct answer]In the Beijing area, the time limit for applying for administrative reconsideration of the expropriation compensation decision is 60 days, calculated from the date when the applicant knows or should have known about the administrative act. According to Article 20 of the "Administrative Reconsideration Law of the People's Republic of China" (amended in 2023 and implemented on January 1, 2024), if the applicant believes that the expropriation compensation decision infringes their legitimate rights and interests, they shall apply for administrative reconsideration to the people's government at the higher level or to the people's government at the same level within 60 days; they may also not apply for reconsideration and directly file an administrative lawsuit with the people's court. If the applicant is not satisfied with the reconsideration decision, they may file a lawsuit within 15 days from the date of receiving the reconsideration decision; the time limit for directly filing a lawsuit is six months. If the applicant fails to apply for reconsideration or file a lawsuit within the time limit, they will lose the corresponding right to remedies.

I. Problem background and typical scenarios

The expropriation compensation decision is a key document in the expropriation process that directly determines how much compensation the expropriated person will receive. Once it is made and delivered, the clock for seeking remedies starts ticking. Typical scenarios include: the expropriated person believes that the compensation standard is too low or that there are omissions in the evaluation, but first goes to the petition office and repeatedly communicates with the street office. By the time they want to hire a lawyer, it has already exceeded 60 days; some people mistakenly believe that "they must first go through the reconsideration process before suing", and are hesitant to take action. The procedural nodes of expropriation compensation cases are extremely rigid. Once the deadline has passed, even if the case has merits in terms of substance, it will be difficult to enter the review process. Similar problems also involveLand expropriation and demolition, and administrative litigationThe overall design of the project.

II. Key points of contention

First, the starting point. Both 60 days and six months are calculated from the date when the party concerned knows or should have known about the administrative act. The date of delivery, the date of receipt, and the date of the expiration of the announcement period may all serve as the starting point, which is the most controversial issue in practice. Second, the relationship between reconsideration and litigation. If a party disagrees with the decision on expropriation compensation, they can generally freely choose between reconsideration and litigation. If the reconsideration authority upholds the decision and the party then sues, the defendant may become both the original authority and the reconsideration authority. Third, whether the delivery is legal. If the delivery is not carried out in accordance with the law or the delivery target is incorrect, it will affect the starting point and the effectiveness of the decision. Fourth, the justifiable reasons for the delay in the time limit. If the delay in the time limit is due to force majeure or other reasons beyond the party's control, the delayed time can be deducted according to law.

III. Professional analysis by Henglue Lawyers

This case involves an administrative review of compensation for the expropriation of state-owned land, which is closely related to the review period and the obligation to respond. In February 2009, A Industrial Co., Ltd. won a 13,000-square-meter plot of land and its aboveground buildings in B District of a certain city through public auction for 1.4731 million yuan, including 3,953 square meters of state-allocated commercial service land with certificates. In 2011, the plot was included in the expropriation. Although the applicant signed the "Urban Housing Monetary Compensation and Resettlement Agreement" with the district office, the respondent only compensated for the aboveground buildings. In November of the same year, the district office issued the "Supplementary Explanation on Land Expropriation and Demolition", promising to settle the land issue within two months, but failed to fulfill its promise for a long time. The appraised value once ranged from 12.44 million yuan to 16.31 million yuan, but the compensation was never realized. In May 2025, the applicant requested the fulfillment of the compensation obligation, but the district government directly refused on the grounds that "state-allocated land cannot be compensated" on December 9. The applicant argued that the allocated land use rights should be compensated fairly, and the failure to transfer ownership was caused by the expropriation and occupation, which was not the applicant's fault. The district government, however, claimed that state-allocated land could not be compensated based on the provisions of its authority. The lawyer pointed out that the respondent confused the two legal relationships of "cessation of use and recovery" and "state expropriation". The transaction confirmation and delivery confirmation both recorded that the buyer was A Company, and the failure to transfer ownership was not the applicant's fault. The response also directly violated the effective review decision of the higher-level people's government. The review authority adopted the lawyer's opinion, revoked the district government's response and ordered it to make a new handling within 60 days. 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 organ) acts as the agent.

IV. Practical suggestions and legal basis

According to Article 20 of the Administrative Reconsideration Law of the People's Republic of China (amended and adopted on September 1, 2023, and implemented on January 1, 2024), the time limit for applying for administrative reconsideration is 60 days from the date when the applicant knows or should have known about the administrative act; Article 45 of the Administrative Litigation Law of the People's Republic of China (amended on June 27, 2017, and implemented on July 1, 2017) stipulates that the time limit for suing against the reconsideration decision is 15 days from the date of receiving the decision letter, and Article 46 stipulates that the time limit for directly suing is six months. Suggestions: First, check the service date and fix it in writing on the day you receive the expropriation compensation decision or reply; Second, submit the reconsideration application within 60 days and retain the postal stamp and receipt for mailing; Third, clearly state the request for "revocation and ordering re-processing" in the reconsideration request to avoid only requesting revocation, leading to a procedural stalemate; Fourth, simultaneously evaluate whether it is necessary to apply for preservation of the house and land; Fifth, file the evidence according to five stages: ownership, expropriation, appraisal, negotiation, and reply, forming a complete timeline. For disputes over the ownership of houses and land, you can refer to it simultaneously.Real estate transactions and construction projectsMy experience in providing evidence.

5. Henglu Law Firm's Reminder

The greatest risk in compensation cases is not the unfairness of the substantive provisions, but procedural errors. Submitting a petition before filing a lawsuit and only communicating with the authorities without conducting a review are the most common reasons for losing the right to file a lawsuit within the statutory time limit. In the judicial practice of Beijing courts, the review of the starting point and service of the notice is very meticulous, and the legality of public notice service and detention service often becomes the focus of controversy. Review and litigation are not simply a matter of precedence. Choosing which path to take and at which point to assert one's rights directly affects the level of jurisdiction and the pattern of adversarial litigation. Objections to the appraisal report and reviews of the legality of the compensation plan should be raised at the review stage rather than being raised during the litigation process. For cases that require comprehensive negotiation and enforcement, they can be handled in combination with other measures.Specialised and comprehensive legal servicesThe overall arrangement reduces the number of trips back and forth.Beijing Henglue Law FirmIt is recommended that you consult a professional lawyer as soon as possible after receiving the decision to determine the deadline and the best course of action.

VI. Frequently Asked Questions

Q1: Is there a high chance of winning a review of the compensation decision?

The key point is whether there are any illegal aspects in the administrative act. If there are procedural flaws, improper delivery, omission of evaluation items, or relocation proceeding without compensation in accordance with the law, there is a high possibility of revocation or order to make corrections; if there is simply dissatisfaction with the standards but the procedure is legal, it usually needs to be resolved through evaluation review and negotiation.

Q2: What evidence do I need to prepare for an appeal?

The compensation decision and delivery certificate, the certificate of ownership of the house and land, the announcement and plan of expropriation, the evaluation report, the consultation records and replies, and the identity and authorization materials shall be archived in numerical order according to the time sequence.

Q3: How much does it cost to request a review?

The administrative reconsideration itself does not charge an application fee; if an attorney is appointed to act as the agent, the fees shall be subject to the provisions of the agency contract. The fees involved in appraisal and authentication shall be calculated separately according to the actual expenses incurred.

Q4: How long does the review process take?

The administrative reconsideration organ shall generally make a decision within 60 days from the date of acceptance. If the case is complex, the time limit may be extended with approval and the applicant shall be informed in writing; the time limit for filing a lawsuit after the reconsideration shall be calculated separately.

Q5: What should I do first?

First, confirm the specific date and delivery method of receiving the decision, then deduce the two deadlines of 60 days and six months accordingly, and then decide whether to go through the reconsideration process or directly file a lawsuit, so as to avoid missing the deadline due to indecision.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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 Xi Chao Li·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. If you encounter disputes, please consult a practicing lawyer in time.