The building at the said, how is the cadastral value of the property and whether it is possible to challenge it

Last year, Russian citizens and legal entities have to pay property tax, calculated on the basis of its cadastral value. Changes in the legislation for many of the fiscal costs become unsustainable, at the same time, some owners of the lands and premises still do not understand how the cadastral value of objects, whether it can challenge and where to go with this intention. Explanations on the most frequently asked questions about cadastral valuation of real estate the readers of “MK” gives the Deputy head of Rosreestr Nadezhda Samoilova.

photo: Sergei Ivanov

— Nadia, currently operates a system of cadastral valuation?

System of a cadastral estimation operates under two Federal laws. First — FZ №135 “On appraisal activities”, according to which cadastral valuation is determined by private appraisers, selected under competitive procedures. Customer evaluation work is the region, being the main structure interested in obtaining tax revenues, which are formed depending on the cadastral value. However, currently the evaluation procedure in the framework of the Federal law №135 suspended, it imposed a moratorium. A second law was passed last year is the Federal law №237 “On state cadastral evaluation”. One of the legislative innovations in the system of cadastral valuation is due to the fact that cadastral valuation in 2020 will be carried out by the state budgetary institution of the Russian Federation on a permanent basis, and it will be held on total for the whole country methodology, which was approved by the Ministry of economic development. Responsibility for the work of evaluation agencies is vested in regional authorities. In turn, the Federal registration service will make a survey for the purpose of adjustment of activity of budget institutions in order to prevent errors. Such Supervisory authority is also provided by the new law along with an internal quality control assessment at the regional level. This will allow more control over the results of cadastral value and avoid excessive commercialization of these works, it is meant to protect copyright holders, to consider the interests of the population and business. Thus, the act provides mechanisms for prevention of errors and elimination of their consequences as painless as possible for citizens. For example, if detected a technical error in the evaluation of a number of objects, then this error will be addressed in all such objects in the territory. All information about the cadastral value of the objects obtained as a result of the state cadastral valuation, will, as before, be made in the Unified state register of real estate. The Federal law “On state cadastral evaluation” allows to carry out cadastral valuation according to the new rules starting in 2018.

— How do you know the cadastral value of the object and what it might need?

— Proceeding from cadastral cost can be calculated real estate tax, tax real estate rents if the lessor is the state, fines, and other fees and payments. To know the cadastral value of the object can be online on the website of Rosreestr, the portal of public services on the public cadastral map, at the territorial cadastral chamber in the MFC. To know the cadastral value, it is enough to know the cadastral number of the land or the address of the property.

— What factors depends on the cadastral value?

Factors that affect the value of the cadastral value of the property, determined at carrying out of a cadastral estimation. Such factors, as a rule, very much: square, material and year of construction, permitted use, the availability of communications, the economic situation in the region, etc.

— Is it possible to challenge the cadastral value of the property and how to do it?

— The current legislation provides the right to challenge the cadastral value in court or in the special commissions of contesting the cadastral value created at each office of the Russian register. The Commission adopts a decision on contesting the cadastral value in a short time — not more than 30 days from the date of application. At the meeting attended by experts from management of Federal registration service branch of the Federal cadastral chamber and the representatives of the regional authorities and the evaluation community. Thus, decisions on the revision of the cost is taken collectively by several experts. The Commission contesting the new law will be established by decision of regional authorities. Before the cadastral regions will be assessed under the new rules, will also act pre-judicial Commission created under the territorial bodies rosreestra. They can challenge the cadastral value established by the method of the old law. Another option — an interested person may apply to the court of General jurisdiction.

— What are the costs borne by the owners of the objects when determining the cadastral value?

— When carrying out mass cadastral valuation of cost objects are local authorities, they order such an evaluation by independent appraisal companies. If you need to assess the market value of the property individually, including for the purpose of challenging the cadastral value, it is necessary to turn to the paid services of a private appraiser.

— Which challenge the cadastral valuation of the claimants used more often than the Commission or the courts? What is the percentage of rejected and satisfied claims?

The Commission on the revision of the cadastral value of the applicants apply more often than in the courts. According to our statistics, nearly half of all disputes end in favor of the applicant. For the period 1 January 2017 until 31 August 2017 in the setting up of territorial bodies of Federal registration service of the Commission on consideration of disputes on results of definition of cadastral cost 35 received 723 applications for review of the results of determination of cadastral cost in respect of 76 549 listings. Of them are legal entities filed 21 972 statements of physical persons — 13 264 statements, and the rest by state bodies, local government or jointly by legal entities and individuals. The results of the work of the commissions decision on the establishment of the cadastral value of the property in the amount of its market value made with respect to 13 974 statements about the impossibility of changing the amount of the cadastral value — in respect of 12 of 203 statements about the revision of the cadastral value in respect of 552 applications. Statistics on appeals to the court shows that during the same period, 7085 in the courts initiated dispute on the amount included in the state cadastre of real estate cadastral value in respect of 12 875 objects. Of these, the plaintiffs satisfied 3415 cases, not satisfied in respect of 487 claims at the end of the period for consideration is 3183 claim. It should be noted that in the vast majority of cases filed in respect of the results of determining the cadastral value of land. Disputes about the size of cadastral cost of objects of capital construction in the period under review much less.

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