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Legal briefing notes

Challenging the cadastral value of land property

Reducing the cadastral value of land property

The value of the land property helps to identify the cadastral competing valuation for market value and a possible price of selling the property on the open market of the land industry. The cadastral value is that value that was counted during conducting the cadastral appraisal and this value by any metric should be market. The cadastral and the market vales should be synonyms. But as a practical matter, it is not like this.

Most subjects of the Russian Federation assessment basis of a land property and property tax are defined from the cadastral value of the land property or a building. And this change of legislation led to important consequences.

Why should we challenge the cadastral value?

For every owner or lessee of land property with the amount of tax of land is related to the cadastral value is required to challenge the amount of payment. For example for the average tax rate of 1,5 % the reducing the cadastral value from 10 million rubles to 4 million rubles saves 90 thousand rubles in a year. According to the practice, the reduction of the cadastral value 2 or 3 times is normal. In our practice, there are cases where the reduction of value was in 5 times.

How to challenge the cadastral value

To achieve justice is required to challenge the cadastral value in an administrative or court order. Like any other activity despite the formalism, this process has its features and requires being interested in this question.

That is why is better to use the help of specialists during the reduction of the cadastral value in court who have work experience in such questions.

Legal grounds and documents that you need during the revision of assessed value

There are some reasonable grounds for challenging:

  1. unreliable data that identifying the cadastral valuation of the object of property;
  2. Determined market values concerning the date of setting the cadastral valuation.

In case of revision of the cadastral value the owners of land properties have to collect these documents:

  • requests for review the results of valuation of a land property;
  • the document on the cadastral value;
  • the notarized copy of the document of ownership rights for the object;
  • the document that confirms the unreliable data of the land property;
  • the certificate on the determining market values;
  • the expert conclusion of valuer of the self-regulatory organization

The procedure for challenging the cadastral value

The summarized procedure for the owners/ tenants legal persons looks like this (for natural persons there is no administrative order):

  • circulating requests, collection of necessary documents;
  • preparation of the report and a positive opinion of the self-regulatory organization;
  • representation of interests the Commission in Russian State Register;
  • representation of interests in the Regional Court;
  • amending the Unified State Register of Immovable Property on challenging the cadastral value.

We have been able to reduce the cadastral value of the land property from 35% to 80%. And it means that the tax or rental obligations will decline by the same amount.

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).

Our company offers services on the consideration of the grounds for challenging the cadastral value of land property. Firstly we have to consider some changes in the Federal

Law «On the estimated value of land property in the Russian Federation» (FL №225). According to these changes (article 24.12), the executive authorities in the RF have to conduct the State Cadastral evaluation no more than once in 3 years and at least once in 5 years.

Author is Alexander Tarkhnov

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