Reconsideration of cadastral value
Cadastral value – is a particular estimated value fixed after public assessment of the land taking account of its location and classification by designated purpose.
The cadastral value of land is applied in calculation of the land tax, rental charges, land rental, land redemption value in case of its redemption from state or municipal ownership, in sale of land property from state or municipal ownership to owners of real estate units placed on those land parcels.
The state cadastral valuation of lands is performed in accordance with Russian regulation concerning state cadastral valuation and regulation concerning valuation activities (Art. 2 of the Law dated July 03, 2016 N 237-FL; p. 1 Art. 24.15 of the Law dated July 29, 1998 N 135-FL). Therefore, the law enforcement authorities of territorial entities of the RF set the average level of cadastral value in the municipal area (city district) (p. 2 Art. 66 ЗK RF). In case of fair market valuation of the land property, the cadastral value of that land is to be equal to its market value (p. 3 Art. 66 ЗK RF).The grounds for reconsideration of cadastral valuation
The results of cadastral valuation may be challenged if they affect rights and obligations of concerned parties (generally, owners of land properties).
The grounds for reconsideration of cadastral valuation are the follows:
- Invalid information about a land property used at cadastral valuation;
- determination of the market value in respect of a land property as of the date of determination of its cadastral value.
The cadastral value may be challenged in commission for consideration of disputes over results of cadastral valuation or in court. However, the appeal of an individual to the commission in the procedure of pretrial dispute resolution is not obligatory, wherefore the appellant may directly go to court. Still, we suggest you to turn to commission first (p. 3 Art. 24.18 Law N 135-FL; p. 1 Art. 22 Law N 237-FL).
1. The assistance within the procedure of cadastral valuation results challenging in the commission for consideration of disputes over results of cadastral valuation (in cases prescribed by law);
2. The assistance within challenging of cadastral valuation results in court.
- Drafting of an administrative statement of action and preparation of sufficient documents;
- Participation in court hearings.
If the cadastral value of a land property is changed upon the decision of the commission or court, the new cadastral value is applicable for purposes required by the Russian Law (for instance, for land tax assessment) from January 1 of the artificial year when the application upon reconsideration of cadastral value was made, but not before the date of inclusion of cadastral value which caused the dispute into USRT.