Service Overview
Different from ordinary residential demolition, factory demolition falls into the category of operational real estate expropriation. It involves diverse asset types, complicated compensation items, professional accounting standards, and poses higher difficulties for rights protection. The demolition of industrial factories, industrial park workshops, standardized factories and self-built factories covers not only compensation for building structures, but also multiple asset rights and interests including land use rights, machinery and equipment, production supporting facilities, factory hardening and greening, and warehouse materials. In practice, expropriating authorities often suppress compensation amounts on excuses such as unlicensed factory buildings, incomplete formalities, illegal construction status and low compensation standards for industrial land. They frequently refuse to compensate for production suspension losses, equipment relocation losses and factory supporting facility losses, resulting in severe asset depreciation and massive operational impacts on enterprises after demolition. Most enterprise leaders are unfamiliar with industrial demolition compensation rules, unable to fully claim their legitimate rights and interests, which easily leads to substantial economic losses.
Service Content
We focus on specialized rights protection legal services for factory demolition and provide customized legal solutions for all kinds of complex industrial factory demolition disputes. Our lawyers comprehensively sort out full sets of materials including factory ownership certificates, construction approval documents, industrial land filings, factory planning records, equipment purchase vouchers and production and operation accounts, so as to establish a complete evidence system for enterprise assets. We accurately calculate all legitimate compensation items, including the value of factory buildings, land use right compensation, compensation for factory auxiliary facilities, machinery and equipment relocation fees, compensation for damage to immovable equipment, production suspension losses, temporary resettlement transition fees, as well as investment losses of factory decoration and ground hardening.
In response to improper identification of illegal construction, arbitrary deduction of compensation, refusal to pay operational losses and unreasonably low compensation standards by expropriation authorities, we legally challenge such irregularities through professional negotiation, legal investigation, administrative reconsideration and litigation to correct unfair compensation determinations. We assist enterprises in communicating with expropriation departments and appraisal institutions throughout the process, helping clients avoid compensation traps and prevent missing or underpaid compensation. We strive to fully preserve enterprise asset rights and interests, secure sufficient, standardized and complete demolition compensation, and minimize the operational impact brought by expropriation and demolition.
Sheng Yun Typical Cases
Mr. Jiang, a resident of Wuxuan County, Guangxi Zhuang Autonomous Region, leased a factory shed in a local furniture mall for furniture production and operation with a formal lease agreement in place. On November 17, 2017, the People’s Government of Wuxuan County organized a forced demolition of the furniture mall and removed and stored 151 sets of finished furniture and sundries inside the leased factory shed. Although Mr. Jiang retrieved most of his belongings, part of his property was damaged in the incident.
Mr. Jiang entrusted Lawyer Wang Youyin’s team and demolition lawyers of Beijing Sheng Yun Law Firm to file an administrative compensation lawsuit. Our legal team pointed out that the illegal forced demolition by the administrative authority had caused substantial property losses to the client and the authority should bear corresponding compensation liabilities in accordance with the law. Finally, Laibin Intermediate People’s Court ruled that the People’s Government of Wuxuan County compensate Mr. Jiang for various economic losses totaling ¥293,418.30.
Legal Consultation Hotlines of Beijing Sheng Yun Law Firm: 010-6190-8088, 400-159-8098, 138-1111-7637