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Legal briefing notes

Changing the cadastral value of buildings

Changing and challenging the cadastral value of property

In most subjects of the Russian Federation buildings, structures and other property (including commercial property) have been registered in the cadastre. Voronezh is not different from other regions and it means that all owners of property and such objects have to pay the tax in a new way. The assessment basis is counted from the cadastral value of buildings, structures including houses and garages, etc.

This rule is true for the objects of commercial property (commercial and business premises, restaurants, industrial plants, etc.). The State cadastral valuation can also cost a packet for businesses in case of incorrect calculations of the cadastral value of the property.

So there is a basic formula that the less is the cadastral value the less will be the tax for objects of commercial property. It has become axiomatic. By the way, the new rule is true both for legal and natural persons.

Disputes on challenging the cadastral value

It is important to know that in any case the amount of taxes increases. The legislature has made a principal change that you have to pay for the property (apartments, houses, dacha) according to its market value.

Along with this sometimes the cadastral value is much higher than the actual market value of these objects. Sometimes the difference is reaching 3-5 times. Without going into detail the only way of not paying exaggerated taxes is a procedure of reviewing the cadastral value.

The procedure of reviewing the cadastral value of the property

Nowadays there is a process of transferring the procedure of reviewing the cadastral value from the Law on evaluation activities the Law on state cadastral evaluation as consequence there are some significant changes in the part of challenging the results of the cadastral value according to new rules.

In some regions of the Russian Federation for legal persons, there is a two-tiered order. For legal persons, a two-tiered order begins with the administrative procedure and in case of the refusal the change of the cadastral value in the court. For natural persons, the procedure of challenging the cadastral value begins with the court order.

According to the practice of the last years the administrative order does not work. And in all those exceptional cases when it is possible to achieve the result of reducing the cadastral value by 20-30% are not taken seriously because it doesn't match up with a value in the market.

So if you are serious about reducing the cadastral value you have to be ready for the court.

The procedure of reducing the cadastral value of the buildings in the court

The procedure of reducing the cadastral value in the court is not complicated but like any other legal activity, it has its features and reasonable formalism.

Firstly you need to conduct the procedure of the cadastral valuation both for the land plot and the buildings, constructions and structures. The report should be done according to the standards of evaluation and the Law on evaluation activities.

Secondly in case if in your area the law on state cadastral evaluation doesn’t work still you have to follow the necessary administrative order for the legal persons to reduce the cadastral value in the Commission in Russian State Register. However, if the law in your area works such order is not necessary.

Thirdly you have to follow a necessary administrative order for the owners of a company to reduce the cadastral value in the Commission in the Russian State Register.

Fourthly you have to protect your interests in the court including during the forensic examination.

Fifthly the information on reducing the cadastral value should be included in the state cadastre of the property.

You have to know that there aren’t any procedures of reducing the cadastral value without the forensic examination on the question of determining the accuracy of the information of the report or without new evaluation on determining the market value of the object of evaluation.

The advantages of working with us

Cooperation with the specialists of the Tsentralny okrug Law Firm gives lots of opportunities:

  • the consultations with the specialists and the evaluation of prospects;
  • full support in the administrative or court order;
  • the money-back guarantee in case if we don’t achieve a result
  • effective challenging of the cadastral value of the land property (75 procedures of challenging during the last year)

The lawyers of the Tsentralny Okrug Law Firm can help you to avoid the complicated procedure of reducing the cadastral value of the buildings, constructions and structures and they take control of a process. We provide services on reducing the cadastral value for commercial property, we accompany during the procedure of reducing the cadastral value of the apartment or other property till the court decision.

Author is Alexander Tarkhnov

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