In the legislation of the Russian Federation, it is noted that today absolutely all land plots (form of ownership and intended use do not matter) are subject to state registration with the subsequent inclusion of all data about them in the cadastre.
Since today the property duty on real estate is directly related to its price indicated in the cadastre, many are concerned about the question of how to reduce the cadastral value of a land plot on their own. To get a detailed answer, you should first deal with the principles of accruing a similar value from the state.
Reasons to increase value
The cost of redemption of the
land from the cadastral value, by definition, should not be noticeably different.
In practice, these indicators can be completely different, since the cadastral value is determined not only by market indicators and the price of similar objects, but also by:
- geographical location of the site;
- market features;
- attractiveness for investors;
- infrastructure features;
- prospects for the future and so on.
To get acquainted with the full list of what the cadastral value depends on, you need to purchase a methodical publication with calculation rules. Of course, in reality, the main influence on the value of real estate is provided by the market price of the property at a given time.
It happens that the overpriced price in registries is provoked by the usual human factor, when employees simply accidentally mixed up the data of several owners. This can be eliminated by comparing the available indicators with the data of the specific cadastral value.
Unit price
The specific indicators of the cadastral value of land plots are the average indicators of the cadastral value. They are calculated taking into account the many characteristics of land and in various formulas.
So the pricing is affected by:
- nearby infrastructure;
- land purpose;
- site category;
- availability and more.
Formulas for calculating and combining all the necessary indicators are selected taking into account the presence of an encumbrance of ownership or, conversely, the beginning of its use. So, plots, the benefits of which are already extracted to a minimum, receive value from the state on the basis of a decreasing coefficient in the calculations. How to calculate the cadastral value of the land only taken into operation? For this, a formula is used with multiplying the averaged indicators of similar possessions by the area of the entire territory.
Cost-cutting options
As a rule, the question of reducing the cadastral value primarily arises among entrepreneurs and other owners who use the land for profit. This is due to the fact that not all businessmen are able to pay excessive taxes.
Before reducing the cadastral value of a land plot on its own, it is necessary to determine whether this can be done at all.
The state has special provisions in this regard, and it is possible to reduce the price indices of land holdings in the following situations:
- if relief changes appeared on the territory of the land;
- if the fertile layer of land has deteriorated;
- in the case when a servitude was issued for the plot free of charge.
Such conditions sharply worsen the utility of land, so their presence will significantly affect the value of the site, but such reasons are not the only effective ones. The low cadastral value of the land may be due to the transfer of land into the ownership of many owners or due to natural disasters in its territory. The price also affects the purpose of the land, more precisely, their changes, and the loss of useful properties.
Of course, before challenging the cadastral value of a land plot on the basis of these indicators, compelling evidence should be collected in the form of various documents, written expert opinions, extracts from registers, and so on.
In addition to such unplanned changes, the revision of the cadastral value of land plots must be carried out regularly and without special reasons. The state allocates terms for this to owners from three to five years.
Calculation of land duties
The classifier of types of permitted use of land includes 13 directions. The tax from each of them is levied in favor of the local governing bodies, so all the money goes strictly to the budget of the city or district. The amount of the duty is determined as a percentage equivalent of the cadastral value and is 0.3% annually. Payment for the plot is always made only by the owner, not the tenant. Most often, the classifier of types of permitted use of land determines the land for agricultural land: for horticulture or gardening.
Determination of available value
In order to find out the current value of the plot, you need to request a certificate from the local cadastre office. Such an extract is provided in writing after providing the cadastral number of the land ownership and a written application. You can get the data more simply by looking at the cadastral passport via the Internet. The unit price is indicated in the 13th line, and the cadastral - in the 12th. There is also information on the date of the last revaluation.
Before challenging the cadastral value of a land plot, it is important to remember that re-revaluation is carried out only when the owner has substantial evidence that the registry has exceeded the real price by three times. For this, it is necessary to attract independent experts, the opinions of one specialist will not be enough.
How to reduce the cadastral value of the land yourself? You need to contact the administration and request a commission. With this option, the owner’s cash costs are minimal, but the results may not always be positive. If the commission passes a negative verdict, then the owner has the opportunity to challenge her opinion, but only in court.
The right to request
The cadastral value of the land according to years and other criteria changes regularly, but even a timely recount does not guarantee the commission will issue a verdict that fully coincides with the opinion of the owner. In order to challenge the decision on assigning an inflated value, you must go to court, but only one who has certain rights to this land ownership can do this.
Among those there are the following categories of citizens:
- property owners;
- heirs;
- Citizens applying for redemption of the site;
- citizens whose land is in perpetual use;
- tenants.
The latter can carry out the dispute only with the written permission of the owner and only if the plot is not the property of the state.
If several owners own the land on equal terms, then a statement on the revision of the cadastral value will be accepted only from all at once. Such a written collective statement is the only solution; claims from only one co-owner are not accepted.
Where to apply
Who determines the cadastral value of an object? Of course, the territorial office of Rosreestr. It is there that you must first of all submit an application for the recalculation of the cadastral value of real estate. You can do this the old fashioned way and visit the institution in person, having served in a live queue, or you can take advantage of modern technologies and make an appointment through the official website of the department, and then simply arrive at the institution at the appointed time.
The grounds for reducing the cadastral value of the land should be substantial and necessarily supported by documents. To do this, you must bring a written statement with a detailed description of all the reasons for the appointment. The application is usually not considered for long. After consideration, the applicant is issued a written decision of the commission. If all the reasons are justified and weighty, the commission will approve the application and amend the Register in the coming months. In case of refusal, attention should be paid to the motives for such an answer. Sometimes the applicant simply didn’t fill out the documents correctly or did not fully state the evidence. In such situations, amendments to the application and its re-submission are allowed. If the refusal is justified by illegality or other reasons, then the decision of the commission can be appealed in court.
Public Appeal Papers
To save time and collect everything you need to re-evaluate the cost correctly, you should familiarize yourself with the following list.
An application for recalculation will be considered only in the case of a correctly assembled package of documents, including:
- written statement of the owner or several owners;
- identity document of the applicant;
- if the procedure is carried out through a proxy, then a notarized power of attorney and representative documents are additionally required;
- all available title documents to the site;
- cadastral passport of the land;
- cost report from independent experts.
Of course, this list is approximate, and should be specified in each department separately. This year the procedure has been simplified, in many regions now only 3 documents are required to challenge, but the innovations have not yet entered into force throughout the country. The sample application in all departments is unchanged and must include the applicant’s passport and contact details, in addition to the request text itself.
After handing over the package of documents for consideration, the employee of the institution must give the applicant a receipt on their acceptance and indicate the date when the decision should appear and with these documents.
How long does the procedure take
After submitting an application to the representative office of Rosreestr, employees within one week only check the correctness of the collected package of documents and decide whether the application will be accepted for consideration. After this period, if the application is not rejected, the documents are submitted for consideration directly to the commission, which works with the documents for 30 days.
If the application is rejected, but the owner does not agree with such a decision, he has the right to challenge this decision, but already in court.
How to reduce the cadastral value of a land plot independently, without consideration by a commission? This option is possible and quite effective, but, as practice has shown, it hits the owner very much.
In any case, it is necessary to challenge an incorrect decision, since tax payments in the next few years directly depend on it. The reasons for applying for recalculation may also be unplanned appraisal activities, damage to property due to exposure to pesticides or if the owner was not even informed about the recalculation, and they were not even acquainted with its results later, it happens.
Failure Actions
If the commission issued a verdict refusing to recalculate, the owner can freely appeal this decision at any stage. It is important to file an application with the judiciary no later than 10 days after receiving a negative response from the commission. The defendant in this proceeding is not a specific person, but the entire Rosreestr institution, since the refusal to the owner comes from the agency itself. A lawsuit is filed with the local office with the mandatory application of the necessary documents.
Among them:
- claimant's passport;
- documents confirming his rights to the site;
- documents confirming the need to reduce the cadastral value;
- opinions of independent experts;
- acts of inspection of the area;
- written negative decision of the commission;
- the original receipt of payment of state duty.
It is also necessary to make a copy of the claim itself and all submitted documents for submission to the defendant. All copies must be notarized. It is not necessary to personally submit them to the department; you can send them by registered mail with notification of receipt and a list of all investments.
Cost of proceedings
In order to save on taxes in the future, the landowner will have to significantly spend money on litigation. In order for the matter not to drag out and lead to success, legal support from a specialist will be required, whose services will cost an average of 25 thousand rubles. In addition, the lawyer must pay for consultations that are carried out before the start of the trial, and this is estimated at around 10 thousand rubles. It is also necessary the conclusion of an independent appraiser, whose work is estimated at 10 thousand rubles. This is where the most serious costs end, but you still need to pay for making changes to the registry, filing a lawsuit, and obtaining an extract from the USRN. For individuals, these procedures will cost 1000 rubles, and for organizations - 5 thousand.
Of course, all amounts are approximate and may vary depending on the region. The price is affected by the cost of a lawyer or the complexity of the case, in any case, the costs will be tangible.
Conclusion
In order to know for sure whether there is reason to challenge the decision of the commission, the owner must also have an idea of how to calculate the cadastral value of the land. The price of land ownership is set by the state according to many criteria and is calculated according to different formulas, therefore, before deciding to challenge their opinion, it is necessary to consult a specialist on this issue. Of course, if the owner is fully confident that he is right, he must defend his rights, even if it comes to court. Otherwise, it is possible to reduce the cadastral value of land ownership by reducing its area, changing the category or type of permitted use. Sometimes it helps.