In Russia, citizens are very interested in such a process as contesting the cadastral value of real estate. This question remains unresolved for a long time. Indeed, the value of property (cadastral) in itself is a very important indicator. Often, citizens try to challenge her. There are reasons for this. The main problem is that it is far from always possible to bring the idea being studied to life. But when is there really a chance of contestation? What is required for this?
Cadastral value is ...
Challenging cadastral value is a process that often worries citizens. Especially those who are going to buy this or that real estate into ownership. This indicator is a fundamental property of an apartment or land. But what is it?
Cadastral value is the value of real estate exposed after a state valuation. It affects how much a citizen will have to pay for the purchase of, say, land when he acquires it in private property. Also, the rental price for real estate depends on the cadastral value.
Why do many people challenge the results of determining the cadastral value? All this is due to the fact that this indicator directly affects the amount of property tax. Therefore, even the slightest error in the calculations can lead to huge expenses on the part of the population.
When can I sue
It has already been said that a statement of claim to challenge the cadastral value of real estate can not be filed in all cases. After all, in fact, a citizen will accuse the state of serious errors. So, simply by personal desire, no lawsuit is filed. In what cases can you try to bring the idea to life? In total, two options are considered:
- filing a claim when inaccurate, erroneous data on the property was used in determining the value;
- if at the time of the assessment the market price for the property was established.
There are no more legal grounds. Therefore, citizens do not have much chance of satisfying a statement of claim. What is its meaning?
The essence of the statement of claim
Challenging the cadastral value of the property has some subtext. What can citizens achieve when applying to court? What is the meaning of this action?
Challenging the value of the cadastre is a process that is able to equalize the market price of land or an apartment with the cadastral. That is, a lawsuit is filed to lower real estate prices. It is for this reason that it will not be so simple to prove his case. After all, the satisfaction of the claim will lead to a decrease in the rent paid. Also, a person who decides to acquire property will have to pay less when buying property from the state. Of course, do not forget about taxes. The amount of these payments will also decrease.
Who can sue
The next point is the consideration of persons who can sue. Challenging the cadastral value is perhaps far from all. Therefore, it is important to fully understand who is entitled to file a claim. What are the restrictions in Russia regarding the topic under study? The following categories of population have the right to draw up a lawsuit to challenge the state valuation of real estate and bring it to court:
- All individuals. But only if the results of the state assessment affect their interests and rights. Most often, such people are property owners. Or those who rent this or that property.
- Legal entities. The possibility of filing a claim can take place only when the interests of this category of the population are affected due to an incorrect assessment.
- Local government or state authorities. They are able to file a lawsuit with the appropriate authorities, but only when it comes to real estate that belongs to them.
No one else can complain about the wrong state appraisal of real estate. Unless by proxy issued by one of the above categories of persons. But this practice is extremely rare.
Where to go
Where to file a claim to contest the cadastral value? This issue is of interest to citizens no less than the possibility of reevaluation. It is always important to know which authorities file the lawsuit. After all, if you make a mistake, the complaint will not be considered.
Now in Russia, citizens can choose which court to apply to. Although with some restrictions. Challenging the results of determining the cadastral value of real estate takes place on a statement sent to the following courts:
- district;
- supreme
- courts of the republics.
Previously, all such disputes were considered in administrative courts. But in connection with the changes that entered into force in 2014, claims are now considered not just in district courts, but in regional courts.
Features for legal entities
Now it’s clear who and where can file a lawsuit. Challenging the cadastral value of real estate in the case of legal entities, as well as state and municipal authorities, implies one small peculiarity. It is extremely important for submitting an application.
The thing is that individuals have the right to file a complaint about an incorrect assessment of real estate immediately, without resorting to any additional instances. For municipal authorities, this is unacceptable. In the same way as for legal entities. These population groups must first file a complaint with Rosreestr. The contest of cadastral value is considered by a special commission. She conducts the so-called pre-trial proceedings. Legal entities, as well as bodies of municipal or state administration, only after this stage have the right to appeal to the court.
Complaint Deadlines
Another important point that should be taken into account by all citizens is that the date of contesting the cadastral value (that is, the time offered to the population to file a complaint) in the relevant authorities is strictly limited. Therefore, you should know how many people lose the right to reduce the value of real estate.
It all depends on the situation. In general, according to the established rules, it is impossible to file a lawsuit in Russia on the revision of the state valuation of property if more than 5 years have passed since the moment the controversial results were entered in the State Register. This rule applies to legal entities, individuals, and municipal authorities.
If there was a contest of the cadastral value in pre-trial procedure, then the person has the right to appeal to the court within 3 months after receiving the decision of the Rosreestr commission. Therefore, do not hesitate.
Terms of consideration of the issue in Rosreestr
It is best to contact the Rosreestr to amend the cadastral value of real estate. Because far from always cases reach court. Yes, in practice, usually individuals immediately turn to the help of the judiciary. But the rest of the plaintiffs must file a reappraisal application with the Rosreestr. A special commission is convened in this organization. She will issue a report contesting the cadastral value of the property.
A citizen with an identification card, as well as with a cadastral passport and erroneous results of the assessment, applies to the Federal Registration Service. There he must write a revaluation request. Within 30 days, the appeal will be considered. Next, the citizen will be informed exactly when the meeting will take place. He will have to take part in it.
What if one month after the appeal, the meeting was not scheduled? In this case, it is recommended to immediately file a lawsuit and file it in court. The main thing is to collect a certain list of documents that can help solve the problem.
Documents for the claim
How to file a lawsuit challenging the cadastral value? The thing is that this issue brings a lot of problems to the population. The main task is to provide evidence that can reduce the price of property to market. Therefore, the collection of documents attached to the application should be treated with special attention. The absence of at least one paper will lead to rejection of the claim. A citizen must bring:
- statement of claim (it indicates the body to which the petition is submitted, as well as all circumstances that may affect the course of the case are prescribed);
- receipt of state duty (300 rubles for ordinary citizens, for legal entities - 4,500);
- ground documents confirming the right to use real estate;
- revaluation report issued by the Rosreestr commission (if there is no response from this service, this must be indicated in the claim);
- results of state assessment;
- cadastral passport of property;
- evidence of erroneous information of the state assessment (for example, an extract on the work of an independent expert group with the results of the revaluation);
- citizen's identity card;
- other extracts capable of influencing the course of affairs to some extent.
Court hearing
After a citizen appealed to challenge the state assessment of real estate, you should wait for the court hearing. The complaint will be considered within 1 month from the moment of appeal. A citizen will be notified of the date of the judicial debate.
If the plaintiff cannot independently take part in the meeting, he has the right to appoint an authorized person. In this case, it is necessary to draw up a power of attorney, which should be presented in court by the person appointed as representative.
After that, the court at the hearing examines all the materials provided by the plaintiff and defendant. At the end, a decision is made. If the claim is satisfied, the citizen has one small problem. It is mainly related to the payment of property taxes. What is it about?
Entry into force of the decision
Now it’s clear what the challenge of cadastral value implies. Jurisdiction, as well as all the nuances of this process, are no longer a mystery. If the claim for reappraisal is satisfied, then it begins to act immediately after the adoption. Within 30 days, new changes must be made to the state register. Easy and simple.
But real estate owners may have one small problem. We are talking about calculating property tax. Earlier in Russia, the results of the revaluation of the cadastral value came into force from the new reporting tax period. That is, if the claim was satisfied at the beginning or middle of the year, recalculation was not carried out. But in 2016, the tax on the new cadastral value will begin to operate from the next quarter after the one in which the court decision was made .
Now it’s clear how the cadastral value is challenged. The court decision in this matter plays a major role. In general, this is a very difficult process. In practice, it’s quite difficult to lower the inventory price tag. It is only necessary to engage in filing an application with a court when there is evidence of mistakes made. Otherwise, the court will not satisfy the statement of claim.