The legislation of the Russian Federation contains information on various types of land valuation: cadastral, market and regulatory. This article will consider the first of them.
Cadastral value - the
assessment of a land plot taking into account its classification, the level of
market prices, and tariffs for land
rent at the time of the calculation.
This event is carried out on the basis of the Law of the Russian Federation “On Valuation Activities” (Article 66 3K of the RF). The size of the land tax required for payment depends on the result obtained. Such a procedure is required to establish restrictions on the use of property: lease, repurchase and other operations specified in the RF LC.
The value of the indicator may be affected by the established prices in the market, rental rate, land area, category of the study area, location. Cadastral value is reevaluated every five year period. Office Rosreestra provides a list of land in need of evaluation. After completing this action, the required calculations should be performed.
The cadastral value of the plot is calculated in Rosreestr. Its owner can get acquainted with the information by requesting the appropriate certificate, or use the services of the Rosreestr website on their own. To do this, you will need to enter the address of the site, cadastral or conditional number and other data, after which it will become possible to make a request.
Sometimes situations arise in which the cadastral value after revaluation becomes unreasonably higher. For such cases, the legislation provides for the protection of the interests of the owner in a judicial and extra-judicial procedure (Article 24.19 N 135- “On Valuation Activities in the Russian Federation”).
In the first version, property owners (legal entities and individuals) must submit an application to Rosreestr and attach the following documents to it:
- cadastral passport ;
- acts confirming the inaccuracy of information in the registry;
- a copy of the title document for the property certified by a notary;
- market value assessment results;
- expert opinion on compliance of the results with the requirements of the law.
When the cadastral value is disputed, all of the above should be presented within six months from the moment the data in the register are changed. Otherwise, the dispute can only be resolved with the intervention of the bailiffs. In the absence of the necessary documents, the application will not be considered. It is convenient to challenge the results of revaluation out of court by the fact that the terms are specific (within a month). However, the applicant will not be reimbursed for expenses related to such events. For this you will need to go to court.
Contesting the inaccuracy of property valuation data in a judicial proceeding is carried out by several protection methods:
1. The cadastral value of land was changed according to the report on market value.
2. Refutation of the document containing the results of the assessment.
3. Compliance of the assessment of the property with specific indicators.