Abstract

Property rights in land use rights associated with apartment buildings do not automatically terminate when the buildings are demolished but continue to exist and are transformed throughout the reconstruction process. This article examines the transformation of such property rights before, during, and after demolition and identifies shortcomings in the legal framework concerning the treatment of surplus land area, compensation valuation, the protection of residents in the event of project delays, and consensus mechanisms. Drawing on Japan’s experience with rights conversion and the utilization of increases in land value, the article proposes legal reforms aimed at ensuring the continuity of property rights, determining compensation based on market value, strengthening mechanisms for guaranteeing project progress, and introducing greater flexibility into consensus thresholds. These reforms are intended to contribute to balancing the rights and interests of residents, developers, and the State in the renovation and reconstruction of apartment buildings.

Keywords: Apartment buildings, compensation, demolition, land use rights, reconstruction.