The legislation of the Russian Federation provides information on the different types of land valuation: cadastral, market and regulatory.This article will consider the first of them.
cadastral value - assessment of land, given its classification, the level of market prices, tariffs for rent land at the time of performing the calculation.
This event is held on the basis of the RF Law "On appraisal activity" (Art. 66 of the Russian Federation 3K).From the result depends on the size of the land tax required to be paid.Such a procedure is required to establish restrictions on the use of the property: rent, foreclosures and other operations as specified in the LC RF.
The magnitude of the index can be influenced by the price set by the market rate of rent payment, the area, the category of the study area, location.Cadastral value is revalued every five years.Management Rosreestra provides a list of land parcels that need to be assessed.After performing this action must perform the required calculations.
cadastral value of land is calculated in Rosreestra.Its owner can familiarize with the information, requiring a corresponding certificate, either on their own use of the Service Rosreestra.You will need to enter the address of the site or the cadastral code number and other data, and then it will be possible to make a request.
Sometimes there are situations in which the cadastral value after revaluation becomes unreasonably higher.For such cases, the legislation provides for protection of the interests of the owner in court and out of court (st.24.19 N 135-FZ "On appraisal activities in the Russian Federation").
In the first case the owners of property (legal and natural persons) must apply Rosreestr and attach the following documents:
- cadastral passport;
- instruments evidencing unreliability of information in the register;
- copy of the title document to the property, notarized;
- results of the assessment of market value;
- expert opinion on the conformity of the results with legal requirements.
When challenged by the cadastral value, all of the above must be presented within six months from the date of change of data in the registry.Otherwise, the dispute can be resolved only with the intervention of bailiffs.In the absence of the required documents the application will not be considered.To challenge the results of the revaluation of court is convenient in that specific time frame (within a month).However, the applicant shall not be reimbursed the costs associated with such activities.This will require to go to court.
Challenging unreliable data evaluation of the property in court by several methods of protection:
1. The cadastral value of land has been changed according to a report on the market value.
2. Refutation of the document containing the results of the evaluation.
3. Compliance assessment of the property specific parameters.
