How to challenge the cadastral value of a land plot or premises in a building

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5506

2020-03-13

In this article you will learn how the assessment by a cadastral engineer is carried out, what to do if the cadastral value is determined incorrectly, how to submit an application correctly, how to challenge the cadastral value, what documents are needed and in which state. authorities need to be contacted.

Challenging the cadastral value of a land plot or any real estate in 2020 is based on new valuation rules, which raises many questions and controversial issues among citizens. All issues related to the cadastral value of real estate are considered by the Federal Cadastre and Cartography Service (Rosreestr). If you have any doubts, the first thing you need to do is go there.

Challenging the cadastral value of an apartment – when required

Challenging the cadastral value of real estate is carried out in a number of cases:

If the owner does not agree with the assessment of the premises.
Errors were identified when reviewing the assessment results.
Valuation of real estate that is inconsistent with market prices – undervalued or overvalued.

Another reason that causes anxiety and mistrust is a reduced or increased tax rate. Challenging the cadastral value of a plot or real estate is carried out in different ways. In each situation, the owner needs to understand how to behave, what to do, what documents to prepare.

Who can challenge the cadastral value?

Every citizen who believes that mistakes were made and his rights were violated can challenge the cadastral value in Moscow or the regions.

The main group includes:

Individuals whose rights and obligations were violated.
Legal entities whose rights were also violated.
Public authorities, if the building is under the control and order of the state or municipality.

Disputes are considered by a commission or in courts.

Required documents

Cases challenging the cadastral value results are considered only if all the documents submitted by the owner of the building are available. You can challenge the results by contacting a special commission or going to court. After checking, the result will be issued. To submit an appeal you need to have the following package of documents:

Passport of the person filing the application.
An official request addressed to government authorities.
A document that states the cadastral price of the property (a certificate of cadastral value or an ordinary extract from the Unified State Register of Real Estate).
Verdict of the commission assessing the property.
Documents confirming that the applicant is the owner of the property.

The applicant needs to prepare undeniable facts and evidence.

Important! A certificate of cadastral value is prepared on average 1-3 working days, but you can also order an extract from the Unified State Register of Real Estate (readiness up to 24 hours)

Preparation of documents

When the applicant chooses the option of considering the situation in court, then, being a citizen of Russia, he is relieved of the obligation to apply to the commission for pre-trial consideration of the dispute. However, a visit to the commission will occur if the organization recalculates the register price.

The main advantages of submitting documents to the commission if you want to challenge and protest the amount of the accounting amount of the object are:

prompt consideration of a controversial issue;
free dispute review;
opportunity to challenge the decision.

Official commissions for consideration of cadastral disputes operate at the territorial branches of Rosreestr.

Based on the understanding that when participating in cadastral disputes, proof of the fact of correctness is entrusted to each of the parties, a list of documents is provided:

Statement.
Certificate of cadastral value of real estate.
Notarized copies of primary and subsequent title documents.

The listed documents must be drawn up legally correctly, otherwise, if they do not comply with the established rules of registration, challenging the cadastral value of the land will be impossible.

If an application is submitted to revise the registered price based on unreliable cost data, it is necessary to provide materials confirming the unreliability of the existing information.

Such evidence may include the following documents:

official reporting documentation on the commercial price, compiled on paper and electronic media and submitted as of the date the register price was established (when the application is submitted on the basis of a certain market value);
positive expert opinion in paper and electronic versions. When completing documentation and filing a claim at a court hearing, documents confirming the fact of sending or transferring a package of documents should be attached to the main application;
confirming postal materials that prove the fact of sending the statement of claim with attachments to the party and third parties (interested persons) participating in the meeting (notice of delivery, postal receipt of payment);
confirmation of payment of official state tax (fiscal receipt, payment order, etc.);
a representative power of attorney to conduct business, if one has volunteered to represent the interests of the owner or user of the property;

If an official organization applies to the administrative court, materials on the pre-trial appeal to resolve the controversial issue are submitted;

The commission for pre-trial settlement of the issue also requires, in addition to the application, the above set of documents.

The procedure for challenging the cadastral value

The procedure for challenging the cadastral value depends on which body the applicant applies to.

Contacting the State Budgetary Institution

The first authority you need to contact is the State Budgetary Institution. You can submit an appeal here if errors are identified, information does not match, or the valuation of the property does not correspond to the market price.

The State Budgetary Institution is a budgetary institution where every citizen whose rights have been violated can apply. Here calculations will be made, you can find out information about the characteristics of the property. After considering the appeal, representatives of the State Budgetary Institution have the right to independently carry out a recalculation, and then send the received data to Rosreestr (). The application must be accompanied by a full package of documents: passport, application, certificate of the full value of the property, ownership documents. All copies provided must be notarized.

Documents to be contested through the commission

The new rules of 2020 have reduced the number of documents that will need to be submitted to the Rosreestr commission to appeal the cadastral value. Now only three mandatory documents are attached to the application for price revision:

Extract from the Unified State Register of Real Estate about the cadastral value. It contains information that needs to be challenged;
A copy of the document certifying ownership of the property (purchase and sale agreement, deed of gift, certificate of inheritance);
Report on the assessment of the market value of the object (on paper or electronic media).

Other documents may be attached to the application, but Rosreestr has no right to demand them. In particular, there is now no need to submit an expert report (as was necessary before 2017).

How to prove that the cadastral value was determined based on unreliable information?

The cadastral valuation of real estate is carried out by a cadastral engineer, who is guided by many factors during the valuation. The specialist takes into account the location of the property, its size, in which zone the property is located (for example, a sanitary-protected zone), what special conditions for using the property, and the intended purpose of the property.

When assessing a premises, the material from which the walls are made, the service life of the building and its wear and tear are taken into account, whether the building is classified as an emergency building or not.

If one of the points was not taken into account or the cadastral engineer made an error when entering data, the assessment is unreliable, the applicant has the right to submit an appeal to correct the errors in the cadastral value results.

The application for correction of the cadastral value is accompanied by data from the Unified State Register of Real Estate and a certificate from the BTI (Bureau of Technical Inventory).

Pre-trial procedure for challenging cadastral value

Pre-trial challenge of the cadastral value is carried out on the basis of a written request from the applicant to the commission for challenging the results of the cadastral value at the Rosreestr of the region (at the place of registration of the building).

The application must indicate the reason for the application. For example, challenging the established cost, unreliable information, inaccurate data. Depending on the reason for the appeal, a package of documents is collected, which should contain evidence of the offense.

30 days are given for consideration of the application and the documents attached to it after acceptance of the application. The commission will set a date for consideration. The applicant can attend the commission meeting and monitor the progress of the case.

Challenging is carried out in the presence of the following documents:

Written request from the applicant.
Extracts from the Unified State Register of Real Estate (you can order on the official website here rosreestor.info).
A document confirming ownership.
Materials confirming the unreliability of information.

The applicant receives notification of the date of the hearing 7 working days in advance. The decision is sent to the applicant within 2 working days from the date of the meeting.

How to challenge the cadastral value?

Apply to the State Budgetary Institution

According to the new law, the owner of an object can submit an application to the budgetary institution that performed the calculations and clarify the individual characteristics of his object. After considering such an application, the State Budgetary Institution can independently recalculate using the new initial data and send the new updated results to the Russian Register.

If you cannot achieve the expected result, you have the opportunity to choose further steps to challenge the results of the cadastral value.

If the Applicant has chosen the path of pre-trial settlement of the dispute about the value, he must submit an Application to the commission for disputing the results of the cadastral value of the Rosreestr of the region in which the property is located.

The application must indicate on what grounds you wish to challenge the cadastral value: either the establishment of a market value, or the unreliability of the data. It depends on what documents you will attach to the Application using the existing form as evidence of your position.

The application and the documents attached to it will be examined within 30 days after acceptance, and a date will be set for consideration of the application. The applicant has the right to be present at the Commission meeting. In any case, the applicant will be informed of the result: grant the application or refuse.

Go to court.

To file a claim, the location of the defendant is used. The document reflects one requirement:

To challenge a decision or action of the commission.
On the establishment of a cadastral value in relation to a real estate object (apartment, premises, land plot, etc.) in the amount of the market value.

The statement of claim reflects the name of the court, the plaintiff and the defendant. Information is recorded that the rights or legitimate interests of the applicant have been violated, as well as the reasons and evidence for the claims made.

The same applies to the statement of claim as when applying to the commission to make an administrative decision. The court examines the claim within 30-60 days (it all depends on the circumstances of the case).

When submitting a special statement of claim to a judicial authority, be sure to remember to include:

Notice of delivery or other documentation - evidence of delivery to other persons - participants in the case, copies of the submitted application (or copies of documentation to be sent to these persons).
Documents – evidence that the state fee has been paid.
Power of attorney or other documentation - confirmation of the rights and obligations of the plaintiff’s representative.

Documents required:

An extract from the Unified State Register of Real Estate on the cadastral value of the property, containing information about the disputed results of determining the cadastral value;
A notarized copy of the title document for the property being valued (if a claim is filed by the owner of the property), or a notarized copy of the lease agreement (if the tenant of the land plot);

Depending on the method of proving the existence of grounds for correcting the cadastral value, one of the documents will be needed:

Or documents confirming the unreliability of the data on the property used in calculating its cadastral value (when submitting an application based on incorrect data);
Or a report on determining the market value of a property as of the day the cadastral value was determined (the basis for the challenge is the determination of the market value);
Or documents - evidence that there is a cadastral and (or) technical error (if the reason for filing the application is incorrect information about the property applied at the time its cadastral value was identified).

To prove that the cadastral value does not correspond to the market value, you need to order a Report on the assessment of the market value of your property from one of the specialized appraisal companies. The report must be signed by an appraiser who has a qualification certificate in the field of real estate valuation and be in the form of a paper version and in electronic form on disk with mandatory enhanced digital signature.

If the Applicant chooses the path of proving unreliable information during calculations located in the unified register, then instead of a report, a special conclusion will be required. It can also be completed by an appraisal company or compiled independently.

Challenging the cadastral value of an apartment – ​​when required