Yesterday, we compiled articles for the demolished people about the "Regulations on Expropriation and Compensation of State-owned Land" (Order No. 590) on the legal provisions corresponding to common problems in demolition. Some readers responded that they wanted to write in more detail because they did not want to go through the legal provisions. Today we will publish a detailed version for your reference:

1. For what reasons can the houses and land of individuals and companies be expropriated?

"Regulations on Expropriation and Compensation of Houses on State-owned Land"

Article 8: In order to protect national security, promote national economic and social development and other public interests, if there is any of the following circumstances and it is really necessary to expropriate houses, the people's government at the city or county level shall make a decision on house expropriation:

(1) National defense and diplomatic needs;

(2) The needs of energy, transportation, water conservancy and other infrastructure construction organized and implemented by the government;

(3) The needs of public utilities such as science and technology, education, culture, health, sports, environment and resource protection, disaster prevention and reduction, cultural relics protection, social welfare, and municipal utilities implemented by government organizations;

(4) The need for the construction of affordable housing projects organized and implemented by the government;

(5) The need for the reconstruction of old urban areas in areas with concentrated dilapidated buildings and backward infrastructure organized and implemented by the government in accordance with the relevant provisions of the Urban and Rural Planning Law;

(6) Other public interest needs stipulated in laws and administrative regulations.

2. Do we need to provide compensation for the expropriation of houses and land of individuals and enterprises?

See Article 2 of Order No. 590. To meet the needs of the public interest, if the houses of entities or individuals on state-owned land are expropriated, fair compensation shall be given to the owners of the expropriated houses (hereinafter referred to as the expropriated persons).

3. Who has the right to levy?

See Order 590

Article 4: People's governments at the municipal and county levels are responsible for house expropriation and compensation within their respective administrative regions.

The house expropriation department (hereinafter referred to as the house expropriation department) determined by the people's government at the municipal and county levels organizes and implements the house expropriation and compensation work in its own administrative region.

Relevant departments of the people's governments at the municipal and county levels shall cooperate with each other in accordance with the provisions of these regulations and the division of responsibilities specified by the people's governments at the same level to ensure the smooth progress of house expropriation and compensation work.

4. Can profits be made during the collection process? Who will take responsibility?

See Article 6 of Order 590

Article 6 The people's government at the higher level shall strengthen the supervision of the house expropriation and compensation work of the people's government at the lower level.

The housing and urban-rural development department of the State Council and the housing and urban-rural development department of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government should work with the finance, land and resources, development and reform and other relevant departments at the same level to strengthen guidance on the implementation of house expropriation and compensation.

5. Who will supervise and supervise the collection work?

See Article 7 of Order 590

Article 7 Any organization or individual has the right to report any violation of the provisions of these Regulations to the relevant people's government, housing expropriation department and other relevant departments. The relevant people's governments, housing expropriation departments and other relevant departments that receive the report shall verify and handle the report in a timely manner.

Supervisory agencies should strengthen supervision of governments and relevant departments or units involved in house expropriation and compensation and their staff.

6. Can anyone acquire land if they want to? How do I need to get approval to collect it?

See Article 9 of Order 590

According to Article 8 of these Regulations, all construction activities that really require house expropriation shall comply with the national economic and social development plan, overall land use plan, urban and rural planning and special planning. The construction of affordable housing projects and the reconstruction of old urban areas should be included in the annual national economic and social development plans at the municipal and county levels.

When formulating national economic and social development plans, overall land use plans, urban and rural plans, and special plans, public opinions must be extensively solicited and scientifically demonstrated.

7. Should the opinions of the expropriated persons be solicited during expropriation?

See Order 590

Article 10: The housing expropriation department shall formulate an expropriation compensation plan and submit it to the municipal and county-level people's governments.

People's governments at the municipal and county levels shall organize relevant departments to conduct demonstrations on expropriation and compensation plans and publish them to solicit public opinions. The period for soliciting opinions shall not be less than 30 days.

8. What should we do if most residents involved in the renovation of old cities are not satisfied with the compensation?

See Article 11 of Order No. 590: Municipal and county-level people's governments shall promptly announce the solicitation of opinions and the modifications made based on public opinions.

If houses need to be expropriated due to the reconstruction of old urban areas, and most of the expropriated persons believe that the expropriation compensation plan does not comply with the provisions of these Regulations, the people's government at the city or county level shall organize a hearing attended by the expropriated persons and public representatives, and modify the plan based on the results of the hearing.

9. When should the compensation be paid?

See Article 12 of Order No. 590. Before making a decision on house expropriation, the people's government at the municipal and county levels shall conduct a social stability risk assessment in accordance with relevant regulations; if the house expropriation decision involves a large number of expropriated persons, it shall be discussed and decided at a government executive meeting.

Before making a decision on house expropriation, the compensation fees for expropriation should be paid in full, stored in a special account, and earmarked for special use.

10. What should be stated in the tax collection announcement?

Please refer to Article 13 of Order No. 590: Municipal and county-level people’s governments shall make a timely announcement after making a decision on house expropriation. The announcement shall specify expropriation compensation plans, administrative reconsideration, administrative litigation rights and other matters.

Municipal and county-level people's governments and house expropriation departments should do a good job in publicity and explanation of house expropriation and compensation.

If a house is expropriated in accordance with the law, the state-owned land use rights will be recovered at the same time.

11. What should the expropriated person do if he is dissatisfied with the expropriation decision?

See Article 14 of Order No. 590: If the expropriated person is dissatisfied with the house expropriation decision made by the people's government at the city or county level, he may apply for administrative reconsideration in accordance with the law, or he may file an administrative lawsuit in accordance with the law.

12. Can the expropriated person refuse legal expropriation?

See Order 590

Article 15 The house expropriation department shall organize an investigation and registration of the ownership, location, purpose, construction area, etc. of the houses within the scope of house expropriation, and the expropriated persons shall cooperate. The investigation results shall be announced to the expropriated persons within the scope of house expropriation.

13. Will there be compensation for rushing to build houses after the demolition notice comes out?

See Order 590

Article 16: After the scope of house expropriation is determined, no new construction, expansion, reconstruction of houses, change of house use, etc. shall be carried out within the scope of house expropriation to improperly increase the compensation fees; if it is carried out in violation of regulations, no compensation will be given.

The housing expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures. The written notice of suspending relevant procedures shall specify the period of suspension. The maximum suspension period shall not exceed 1 year.

14. What compensation items should the expropriated persons (including enterprises) receive when their houses are expropriated?

See Order 590

Article 17 The compensation provided by the people's government at the city or county level that makes the decision to expropriate houses to the expropriated persons includes:

(1) Compensation for the value of the expropriated house;

(2) Compensation for relocation and temporary resettlement caused by house expropriation;

(3) Compensation for losses caused by suspension of production and business due to house expropriation.

The people's governments at the city and county levels shall formulate subsidies and reward measures to provide subsidies and rewards to the expropriated persons.

15. Do the people whose houses have been expropriated have the right to ask for affordable housing?

See Article 18 of Order No. 590: If a personal residence is expropriated and the person being expropriated meets the conditions for housing security, the people's government at the city or county level that made the decision to expropriate the house shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

16. How much compensation is reasonable and legal if the house is expropriated?

See Order 590

Article 19 The compensation for the value of the expropriated house shall not be lower than the market price of similar real estate of the expropriated house on the date of announcement of the house expropriation decision. The value of the expropriated house shall be assessed and determined by a real estate price appraisal agency with corresponding qualifications in accordance with the house expropriation assessment method.

If you have any objection to the value of the expropriated house determined by the assessment, you may apply to the real estate price assessment agency for a review of the assessment. If you have any objection to the review result, you may apply to the Real Estate Price Appraisal Expert Committee for appraisal.

The housing expropriation and assessment methods shall be formulated by the housing and urban-rural development department of the State Council. During the formulation process, opinions shall be openly solicited from the public.

17. Who has the right to assess the value of a house?

See Order 590

Article 20 The real estate price evaluation agency shall be selected by the expropriated persons through negotiation; if the negotiation fails, it shall be determined by majority decision, random selection, etc. The specific measures shall be formulated by the provinces, autonomous regions and municipalities directly under the Central Government.

Real estate price assessment agencies should carry out house expropriation assessment work independently, objectively and impartially, and no unit or individual may interfere.

18. Does the expropriated person have the right to choose whether the expropriated house and land require money or a house?

See Article 21 of Order No. 590: The expropriated person can choose monetary compensation or exchange of house property rights.

If the expropriated person chooses to exchange the property rights of the house, the people's government at the city or county level shall provide the house for the property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the house used for the property rights exchange with the expropriated person.

If personal residences are expropriated due to the reconstruction of old urban areas, and the expropriated person chooses to exchange the property rights of the house in the reconstruction area, the people's government at the city or county level that made the decision to expropriate the house shall provide houses in the reconstruction area or the nearby area.

19. My house has been expropriated. Can I still want to relocate to a nearby house?

See Order 590

Article 21 The expropriated person can choose monetary compensation or exchange of house property rights.

If the expropriated person chooses to exchange the property rights of the house, the people's government at the city or county level shall provide the house for the property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the house used for the property rights exchange with the expropriated person.

If personal residences are expropriated due to the reconstruction of old urban areas, and the expropriated person chooses to exchange the property rights of the house in the reconstruction area, the people's government at the city or county level that made the decision to expropriate the house shall provide houses in the reconstruction area or the nearby area.

20. If an enterprise is expropriated, can it ask for compensation for losses due to suspension of production and business in addition to compensation for land and housing?

See Order 590

Article 23: Compensation for losses due to production and business suspension due to house expropriation shall be determined based on factors such as the benefits before the house was expropriated, the period of production and business suspension, and other factors. Specific measures shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

21. Which illegal buildings will not be compensated?

See Order 590

Article 24: Municipal and county-level people's governments and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and those who carry out construction in violation of urban and rural planning shall be dealt with in accordance with the law.

Before making a decision on house expropriation, the people's governments at the city and county levels shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law. Compensation shall be given to temporary buildings that are deemed to be legal buildings and have not exceeded the approved period; compensation shall not be given to temporary buildings that are deemed to be illegal buildings and have exceeded the approved period.

22. What are the minimum contents that a demolition compensation agreement must include?

See Article 25 of Order 590

In accordance with the provisions of these Regulations, the house expropriation department and the expropriated person shall enter into a compensation agreement regarding the compensation method, compensation amount and payment period, the location and area of the house used for property rights exchange, relocation fees, temporary resettlement fees or turnover housing, losses from production and business suspension, relocation period, transition method and transition period, etc.

After a compensation agreement is concluded, if one party fails to perform its obligations under the compensation agreement, the other party may file a lawsuit in accordance with the law.

23. Can I sue if the demolition agreement is not fulfilled?

See Order 590

Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these regulations, enter into a compensation agreement regarding the compensation method, compensation amount and payment period, the location and area of the house used for property rights exchange, relocation fees, temporary resettlement fees or turnover housing, losses from production and business suspension, relocation period, transition method and transition period, etc.

After a compensation agreement is concluded, if one party fails to perform its obligations under the compensation agreement, the other party may file a lawsuit in accordance with the law.

24. What should I do if I don’t sign within the contract period?

Article 26 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the contract period specified in the expropriation compensation plan, or the owner of the expropriated house is unclear, the house expropriation department shall report to the municipal or county-level people's government that made the house expropriation decision in accordance with the provisions of these Regulations, make a compensation decision in accordance with the expropriation compensation plan, and make an announcement within the scope of the house expropriation.

The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in Paragraph 1 of Article 25 of these Regulations.

If the expropriated person is dissatisfied with the compensation decision, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

25. What should the expropriated people do if they are not satisfied with the compensation?

See Order 590

Article 26 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the contract period specified in the expropriation compensation plan, or the owner of the expropriated house is unclear, the house expropriation department shall report to the municipal or county-level people's government that made the house expropriation decision in accordance with the provisions of these Regulations, make a compensation decision in accordance with the expropriation compensation plan, and make an announcement within the scope of the house expropriation.

The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in Paragraph 1 of Article 25 of these Regulations.

If the expropriated person is dissatisfied with the compensation decision, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

26. Is it legal to let someone move without receiving compensation?

See Order 590

Article 27 When implementing house expropriation, compensation should be paid first and then relocated.

After the people's government at the city or county level that made the house expropriation decision provides compensation to the expropriated person, the expropriated person shall complete the relocation within the relocation period specified in the compensation agreement or the compensation decision.

No unit or individual may use violence, threats, or violate regulations to interrupt water supply, heat supply, gas supply, power supply, road access, or other illegal means to force the expropriated persons to relocate. Construction units are prohibited from participating in relocation activities.

27. Is it legal to cut off water, electricity, and circuits without signing, or to force someone to sign?

See Order 590

Article 27 When implementing house expropriation, compensation should be paid first and then relocated.

After the people's government at the city or county level that made the house expropriation decision provides compensation to the expropriated person, the expropriated person shall complete the relocation within the relocation period specified in the compensation agreement or the compensation decision.

No unit or individual may use violence, threats, or violate regulations to interrupt water supply, heat supply, gas supply, power supply, road access, or other illegal means to force the expropriated persons to relocate. Construction units are prohibited from participating in relocation activities.

28. What will happen if the expropriated person does not sign or sue?

See Article 28 of Order No. 590: If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not move within the time limit specified in the compensation decision, the city or county-level people's government that made the house expropriation decision shall apply to the People's Court for compulsory execution in accordance with the law.

The application for compulsory execution shall be accompanied by materials such as the amount of compensation, the account number of the special account, the location and area of the property rights exchange house and the turnover house.

29. Who has the right to carry out forced demolition if the person being demolished does not sign?

See Order No. 590: If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory period, and does not move within the time limit specified in the compensation decision, the city or county-level people's government that made the house expropriation decision shall apply to the People's Court for compulsory execution in accordance with the law.

The application for compulsory execution shall be accompanied by materials such as the amount of compensation, the account number of the special account, the location and area of the property rights exchange house and the turnover house.

30. What constitutes a legal forced demolition?

See Order 590

Article 28 If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not move within the time limit specified in the compensation decision, the city or county-level people's government that made the house expropriation decision shall apply to the people's court for compulsory execution in accordance with the law.

The application for compulsory execution shall be accompanied by materials such as the amount of compensation, the account number of the special account, the location and area of the property rights exchange house and the turnover house.

31. Can the compensation status of each family be announced?

See Order 590

Article 29 The house expropriation department shall establish house expropriation compensation files in accordance with the law, and announce the household compensation information to the expropriated persons within the scope of house expropriation.

Audit agencies should strengthen supervision over the management and use of compensation fees and publish audit results.

32. What should we do if demolition personnel abuse their power or neglect their duties?

See Order 590

Article 30 If any staff member of the municipal or county-level people's government or the housing expropriation department fails to perform their duties stipulated in these Regulations during the housing expropriation and compensation work, or abuses their power, neglects their duties, or engages in malpractice for personal gain, the people's government at the higher level or the people's government at the same level shall order corrections and notify them of criticism; if losses are caused, they shall be liable for compensation in accordance with the law; the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

33. Do I have to be held responsible if I use threats of violence or cutting off water, electricity or gas to force me to sign?

See Order 590

Article 31 If violence, threats, or illegal means such as interruption of water supply, heat supply, gas supply, power supply, and road traffic are used to force the expropriated person to relocate, causing losses, they shall be liable for compensation in accordance with the law; if the person in charge and other directly responsible persons constitute a crime, they shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, they shall be punished in accordance with the law; if it constitutes a violation of public security management, they shall be given public security management penalties in accordance with the law.

Article 32 Whoever uses violence, threats or other methods to hinder the house expropriation and compensation work carried out in accordance with the law, which constitutes a crime, shall be punished in accordance with the law.

34. What should I do if there is corruption, misappropriation, private division, expenditure reduction, or default in compensation?

See Order 590

Article 33 Anyone who embezzles, misappropriates, privately distributes, withholds or defaults on expropriation compensation fees shall be ordered to make corrections, the relevant funds shall be recovered, the illegal gains shall be returned within a time limit, and the relevant responsible units shall be notified of criticism and given warnings; if losses are caused, they shall be liable for compensation in accordance with the law; if the directly responsible person in charge and other directly responsible persons constitute a crime, they shall be investigated for criminal liability in accordance with the law; if it does not constitute a crime, they shall be punished in accordance with the law.

35. How to punish appraisal companies for false appraisals?

Article 34 If a real estate price assessment agency or real estate appraiser issues a false or major error assessment report, the issuing authority shall order it to make corrections within a time limit and give a warning. The real estate price assessment agency shall be fined not less than 50,000 yuan but not more than 200,000 yuan, and the real estate appraiser shall be fined not less than 10,000 yuan but not more than 30,000 yuan, and shall be recorded in the credit file. If the circumstances are serious, the qualification certificate and registration certificate shall be revoked. If losses are caused, compensation shall be borne in accordance with the law. If a crime is constituted, criminal liability shall be investigated in accordance with the law.

The above is edited and compiled by Yingting Lawyers Group

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