Assessment of the market value of a land plot

The concept of cadastral value

The state not only keeps records of all real estate in the country, but also evaluates it. This procedure has been mandatory in all regions since 2020. The main guiding document for calculating the KS and its possible revision is Law No. 237-FZ (). Here are some important points related to determining the price of real estate for the cadastre:

• the assessment procedure is carried out by order of regional authorities, about which a normative act is issued;
• specialists from a budgetary institution, which is vested with powers from the regional government authority, are involved in the assessment;
• carry out an assessment at least once every 5 years, but not more often than once every 3 years;
• for Moscow and St. Petersburg, special standards are provided for the timing of assessments - no more than once every 2 years;
• the results of the work of a budgetary institution are formed in a report, after which it is approved by the authorities of the constituent entity of the Russian Federation.

For the cadastral value to come into force, Rosreestr enters this data into the Unified State Register of Real Estate. After this, indicators from the cadastre are used by state and municipal authorities for taxation and for other purposes.

Expert commentary. Checking the value of land or an object using the cadastre is quite simple. You can order an extract from the Unified State Register (USRN) (through the MFC, Rosreestr or State Services), or obtain information online through the Public Cadastral Map (PCC). If the USRN information does not contain data on the cadastral value, it means that the object has not been registered, or the assessment has not yet been carried out.

Official data on cadastral value can only be obtained from an extract from the Unified State Register of Real Estate.

Where is it used?

The state calculates the cost according to the cadastre not for show, but for strictly defined purposes. This indicator is used in the following areas:

• when calculating property and land taxes, determining the amounts of tax deductions;
• to calculate rental payments for property owned by the state or municipality;
• to calculate the duty when entering into an inheritance (in this area it is also possible to use market and inventory value).

Obviously, the difference between the cadastral value and the market price of an apartment, plot or other object will immediately affect the amount of taxes, rent, and state duties.

In the commercial sphere, cadastral value is also used, although this depends on the decision of the owners, contractors and other persons. For example, you can use the cadastral price for the sale or rental of residential or non-residential properties, if the parties to the contract agree on this. In practice, the ratio of the cadastral and market value of a land plot or object is always quite significant. Therefore, in commercial activities the most objective and accurate indicator is used - the market price.

Modern assessment methods

Modern assessment of the value of a land plot is carried out by three methods:

1. Comparative. It is based on a comparison of the characteristics and prices of similar plots.
2. Profitable. This method considers land from the point of view of obtaining the maximum possible profit from the use of the site.
3. Expensive. It involves calculating all the possible costs that the owner will have to bear to improve the site and use it for its chosen purpose.

The most common among all of these is the comparative method. It is mainly applicable to the purchase and sale of building plots. If you decide to use the land in the future for the purpose of generating income, it is better to turn to the profitable valuation method.

What is the difference between cadastral value and inventory or market price?

Let's look at which price is higher (cadastral or market), and how these indicators are related to the inventory value. Until 2013, when the main powers for real estate accounting belonged to the BTI, inventory indicators were used in almost all areas of activity. In particular, this data was used to calculate taxes, many duties, determine property depreciation rates, and for accounting purposes. Moreover, some constituent entities of the Russian Federation use inventory value for taxation even in 2020.

Here are the main differences between the cost indicators listed above:

• the cadastral value is always calculated based on the results of the state assessment - since this procedure does not provide for the inspection of objects and the determination of their actual characteristics, the price according to the cadastre will almost always be higher;
• the inventory price is calculated based on the results of the BTI inventory and according to regulatory methods - it does not always take into account the actual condition of the property, since inventory is carried out quite rarely;
• the market price is determined by professional specialists (appraisers) on the date of the assessment - since the specialist studies the actual condition of the object and analyzes similar offers on the market, this price will be as objective as possible.

In fact, when using and disposing of one object, all three indicated value indicators can be applied. For example, when receiving an apartment by inheritance, you can pay a notary fee based on the inventory value, since it is almost always lower. After entering into an inheritance, the accrual of property tax will begin immediately, and for this, the value of the object is taken from the cadastre. While using the inherited apartment, you can sell it by determining the real market price. Similarly, this is allowed for other types of objects.

How does the cadastral value of an apartment differ from the market price? Law No. 237-FZ provides that during the state assessment it is necessary to determine the real price of real estate. Unfortunately, practice is far from ideal. Objects are assessed using a mass method, and specialists do not have data on the real characteristics of real estate. For example, apartments with the same area and layout, located in the same building, will most likely have the same value according to the cadastre. In practice, their market price may differ significantly - due to repairs and an increase in the level of comfort, due to the number of floors, and other factors.

On the Public Cadastral Map you can also find out the cadastral value indicator. To do this, you can select an object directly on the map.

How to find out the difference between market and cadastral value

You can find out the difference in the market and cadastral value of land, buildings or premises yourself. This is necessary to decide whether it is worth challenging the results of the cadastre assessment and changing the USRN information. Here are some ways you can use to compare these indicators:

• independently study the offers on the market, compare all the characteristics of objects, choose similar options;
• look at the cadastral value according to the Unified State Register of Real Estate or from the PKK;
• compare both price indicators.

Most likely, you will see that the cadastral value of the land or object is higher than the market price. If the difference is not significant, challenging the cadastre price may be a waste of time. You can pre-calculate the tax that will be charged on both cost indicators. If the difference is a few kopecks or rubles, then challenging it will not lead to much savings, and you will incur the cost of an assessment.

If the difference between the market and cadastral value of a land plot, premises or building is large, you will have to overpay taxes annually. For example, if you own many objects with a large area, the overpayment can be tens or hundreds of thousands of rubles (this is especially true for large enterprises). In such a situation, it makes sense to go through the contestation procedure and equate the price according to the cadastre to the market value.

Expert commentary. Smart Way specialists will help you check the difference between the market price and the market value of the object with the indicators from the Unified State Register of Real Estate. We will prepare recommendations on further actions to challenge, provide support when applying to the Rosreestr Commission or the court, and prepare all the necessary documents.

How to find out the cadastral value on the Rosreestr website

Information on cadastral value indicators of objects is available online. To obtain this data, you need to go to the Rosreestr website using the link, select the menu item “Find out the cadastral value”. This item is marked in the photo below.

On the screen there is an item for selecting a menu about cadastral value indicators.

After clicking on the link, a data request window will appear. In it you need to indicate the cadastral or conditional number of the object, and step by step select the address data from the menu. To confirm the request has been sent, enter the verification code. After clicking the “Generate request” button, information about the cadastral value based on the results of the latest assessment will be provided. Please note that this will be for reference only. Official information can only be obtained from the USRN extract.

Correctly indicate the cadastral number of your property. If you don't know him, you can get this data through a public cadastral map.

The ratio of cadastral and market value of land: higher or lower

Below we will analyze what is more expensive – the cadastral value or the market price, whether these indicators can coincide, and what to do if there is a large difference. Please note that with each subsequent state. real estate valuation, its value may vary. But the budgetary institution is obliged to check whether the cadastral value has been disputed. If this procedure has been carried out, the relevant data will be taken into account in the assessment.

Why does the cadastral value differ from the market value?

To understand why the cadastral value of land, premises or buildings is higher than the market value, you need to know the procedure for conducting state registration. assessments. The budgetary institution performs it as follows:

• cadastral information, information from authorities on categories, types of permitted use and other indicators of real estate are requested;
• data on previous challenges to the cadastral value is checked (if they were carried out);
• documents submitted by owners or other interested parties are considered (this is possible, since information about the assessment is published in advance in the media and on the Internet).

The list of activities does not include visiting the site, surveying and inspecting the site or facility. This is the main reason for the difference between the cadastral price and the market price.

Expert opinion. There is one more circumstance that entails an overestimation of the price of real estate according to the cadastre. An overestimation of the cadastral value entails an increase in tax revenues to the budget. Therefore, the authorities are indirectly interested in high prices according to the Unified State Register of Real Estate. Consequently, if the owner himself does not take action to challenge and eliminate the discrepancy, the state or municipality will be the winner.

The diagram shows an algorithm for conducting a state assessment to determine the cadastral value.

How much higher is the market value than the cadastral value?

The differences between the cadastral and market value of a land plot or object will be different for all regions. On state the assessment is influenced by many factors (location of objects, requirements of local or regional laws, restrictions on land protection regulations, etc.). Therefore, it is possible to determine how much the cadastral value differs from the market price only by comparing these indicators for each specific object. Sometimes there are situations when the market price will be higher than the corresponding figure in the Unified State Register of Real Estate.

Differences between cadastral and market values ​​of land plots and the possibility of revaluation

To indicate the differences between cadastral and market values, first of all, let’s define the meaning of the terms.

The market value of a land plot is the price set on the basis of real estate market trends in the area where the land plot is located (hereinafter referred to as the land plot) and at the time of sale.

The owner has the right to assign it arbitrarily.

However, experienced economists believe that it is advisable to use the services of a professional appraiser to determine an adequate value.

Differences from each other

The cadastral value of a land plot is the equivalent of its value, used to determine the amount of property tax, rent if the property belongs to the state, and other payments.

This value is calculated on the basis of the Land Code of the Russian Federation, as well as Federal Law-135. Determined by authorized bodies, government officials and licensed appraisers at least once every five years.

The main differences between the cadastral value of a land plot and the market value are:

• Serve for different purposes . KS is established for collecting various payments, RS for completing a purchase and sale transaction.
• The value of the KS can differ significantly upward. Moreover, this is not always justified.
• The calculation of the KS is carried out according to average criteria, so the resulting value does not always adequately reflect the actual value of the land plot. The demand for such objects and the general state of the market are also not taken into account.
• It is established by the Constitutional Court at the state level , and not by the owner. As a result, it is a less flexible indicator.

In order to learn more about the concept of cadastral value, we recommend reading the corresponding article.

Establishment technique

Before the assessment is carried out, official lists of objects to be analyzed are published.

The compilation of such lists and the establishment of cadastral value are carried out in accordance with a classification consisting of 17 points.

When calculating the cadastral value, the following factors are taken into account:

• location;
• category of land;
• communications;
• square;
• availability of infrastructure.

In order to learn more about the stages and procedure for calculating cadastral value, we recommend reading the corresponding article.

An owner who wants to sell his land first of all thinks about how to determine at what price to sell it. There are several ways to determine market value.

For example, you can contact an independent specialist or consult a company specializing in real estate. Self-assessment is also possible.

Those who prefer the latter option are advised to consider the following factors:

• Physical . Among them are the area of ​​the plot, the quality of the land, and the presence of buildings.
• Economic . In what capacity can the site be used? What is the potential profit from using it. How much are the expected costs for its arrangement?
• Legal . Registration details of the plot and title of property.

Take a closer look at several approaches to establishing market value:

• Comparative . Used to evaluate similar areas. The simplest option available.
• Expensive . Not very suitable for independent use. It is used in the absence of business value and information on the market value of similar objects.
• Profitable . Applies to facilities intended for commercial use. The calculation is based on potential or previously received profits.

The first approach, comparative, involves several methods:

• The comparable sales method is a comparison of the prices at which properties of similar size and amenities were sold in a given area over the past three to six months. Based on the principle of substitution, leading to the fact that the market value is equal to the level of the lowest figures.
• The allocation method is to determine the difference between the market value of a land plot with improvements and the cost of improvements, and their depreciation must also be taken into account.
• The distribution method comes down to identifying the ratio of the cost of erected buildings to the cost of land . For each region and development site, there is a strict proportion between these values.

In the last approach, profitable, we can distinguish the following types:

• Method of intended use. Most often it is used when assessing undeveloped territories. Applicable only in cases where the site is capable of generating income . For example, further subdivision of the assessed area into smaller ones is expected. Then the cost of each individual site is taken into account, taking into account the costs of its development.
• Remainder method. Provides special formulas that include data on the potential income from the site , the costs of its development and capitalization rates of land and improvements.
• Rent capitalization method. It consists in determining the annual income that a given land plot will bring, and then dividing it by the capitalization coefficient or multiplying it by the period required for the reproduction of land capital.

Impact on land tax calculation

The land tax is the cadastral value multiplied by the tax rate, which is determined by the municipal authorities.

The maximum coefficients are prescribed in the tax code and cannot be exceeded. They are 0.3% and 1.5% depending on the type of land. To obtain more complete information about the procedure for calculating land tax, we suggest reading the corresponding article on our website.

If the owner believes that the cadastral value is too high, he can request a revaluation .

The basis should be a change in the reason that led to the incorrect calculation.

Persons who can apply for recalculation of the KS must have the right of ownership, inheritable possession or perpetual use of this land plot.

Revaluation can be carried out when:

• change of category;
• reducing area;
• imposition of encumbrance;
• damage to the earth;
• changing the usage pattern.

Practice shows that revision of the cadastral value leads to significant savings for the user or owner of the site.

Full information on the procedure and methods for reducing the cadastral value is presented in the corresponding article.

Watch an interesting video that talks about valuation methods and the differences between the cadastral and market values ​​of real estate.

Conclusion

To summarize, it should be noted that indicators are considered correct when the market value exceeds the cadastral value by 30%. Their approximate equality is also allowed.

If the cadastral value is significantly higher than the market value, the owner is recommended to contact the cadastral chamber with a request for its revision.

Source: https://stroim-domik.org/podgotovka/zemelnyj-uchastok/kadastr/stoimost/otlichiya-ot-rynochnoj

Establishing the cadastral value equal to the market value

What to do if the cadastral value of an apartment is higher than the market value? If the difference is significant, you need to order an independent assessment and go through a challenge procedure. This is not the most difficult procedure, however, you may still face refusal. With the support of Smart Way specialists, you can achieve equalization of the value of an object according to the cadastre to market values ​​as quickly as possible and without additional difficulties.

Grade

To prove that the cadastral price is higher than the market price, you need to order an independent assessment. To do this, you need to select an appraiser who is a member of a specialized SRO, enter into an agreement, and transfer documents for the site, premises or building. In addition to studying proposals for similar objects on the market, the appraiser will conduct a physical survey. The result of the work will be the preparation of a report or conclusion on the market price. This document must be used when challenging through the Commission or court.

The owner's action algorithm for challenging the cadastral value is presented in the form of a diagram.

Appeal to the Commission

Having received a report or conclusion on the market price, you can begin to challenge the value according to the cadastre. In each subject of the Russian Federation there is a Commission under Rosreestr, which considers applications from owners. Here are the main points related to the consideration of cases by the Commission:

• citizen-owners can choose the option of challenging themselves - directly to the court or first go through the Commission;
• there is no alternative for organizations - they are obliged to apply to the Commission, and its refusal can already be appealed in court;
• In the application, you can indicate that the cadastral and market values ​​of the land or object differ, or draw attention to mistakes made in the state. assessment;
• The Commission includes representatives of the authorities, Rosreestr, and the community of appraisers.

The cadastral and market value of plots, premises and buildings will be compared using the Unified State Register of Real Estate (USRRN) extract and the appraiser’s report. In most cases, the Commission objectively considers such cases, since it includes representatives of appraisers. After a positive decision, the new cost indicator will be included in the Unified State Register.

Going to court

You can go to court if the Commission made a refusal decision, or the citizen immediately decided to file a claim. The main documents for going to court will be:

• statement of claim (if appealing a decision of the Commission, this will be an administrative claim);
• legal documents for the object;
• USRN extract;
• market price report.

If the court is convinced that the cadastral value of the apartment and the market value have significant differences, a positive decision is made. The cost of the object according to the cadastre will be recognized as equal to the market price. The relevant data will be entered into the Unified State Register of Real Estate on the basis of a judicial act.

Expert commentary. The Smart Way company provides services for challenging cadastral values ​​in administrative and judicial proceedings. We will prepare all the necessary documents and represent your interests during the consideration of cases. You can learn more about our services at a free consultation.

Land cadastral value assessment

Advice from lawyers:

1. I am selling a house bought for a capital cap (400 t r). I have 4/5 parts, my son has 1/5. I will be buying a new home in another region. Guardianship allows you to deposit money for the minor's share into his account in order to obtain permission to sell. The question is - what amount should we start from in order to calculate the value of the child’s share - from the cadastral valuation of the house and land plot or from maternity capital? Thank you!

1.1. Since you are selling a house, you need to calculate the cost of the share of the house.

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2. A cadastral valuation of land plots was carried out. The LLC does not agree with the cadastral value of its land plot. Who determines the cadastral value and how? What actions must be taken to challenge the cadastral value?

2.1. Hello! Cadastral valuation of land plots is carried out in accordance with the Federal Law of July 29, 1998 N 135-FZ (as amended on March 18, 2020) “On Valuation Activities in the Russian Federation.” State cadastral valuation is carried out by decision of the executive body of state power of a constituent entity of the Russian Federation or in cases established by the legislation of a constituent entity of the Russian Federation, by decision of a local government body no more than once within three years (in cities of federal significance no more than once within two years) from the date as of which the state cadastral valuation was carried out. To carry out work to determine the cadastral value, persons who have the right to conclude an agreement to conduct an assessment are attracted on a competitive basis, in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, taking into account the specifics established this Federal Law. Cadastral valuation is carried out en masse in relation to all objects registered in the cadastral register. The results of determining the cadastral value can be challenged by legal entities in court and a commission for the consideration of disputes about the results of determining the cadastral value. To challenge the cadastral value, it is necessary to prepare a report on establishing its market value in relation to the property as of the date on which its cadastral value was established and send it to the commission.

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3. In October 2020, I contacted LLC “Independent Cadastral Center”, on 10/23/2019 No. 20/09-19/5 I received a report assessing the market value of the land plot as of 01/01/2013 and amounts to 1,013,890.0 rubles On October 25, 2019, she filed an administrative claim with the regional court. On November 20, 2019, a decision was made; on January 10, 2020, the decision entered into legal force. From what year can land tax be recalculated?

3.1. Oksana, if you disputed the cadastral value, then from January 1 of the year in which you applied for a revision of the value.

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4. I own a tractor garage, as it is called in the registration certificate. The certificate for the land plot on which the garage is located says: agricultural land - for an agricultural facility. During the cadastral assessment, the garage was defined as “A garage for special equipment, including a fire station.” So what is it, a garage for agricultural machinery or a garage for special equipment? How does this affect its cadastral value?

4.1. I believe that could lead to an increase in the cadastral value of the garage. You have the right to challenge the cadastral value of real estate to the Rosreestr commission and/or to court.

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5. In 2014, he lowered the cadastral value of the land plot through the court. In 2016, the Ministry of Land and Property Relations, during a planned revaluation, increased the cost by more than 2 times. Three years have not passed since my assessment. Do I have grounds to challenge this action of mines winter? And what law regulated cadastral valuation before the release of Federal Law No. 237 of July 3, 2016?

5.1. You can challenge it in court based on forensic evidence.

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6. My cadastral value of the garage and the land plot under the garage has been inflated by 5 times! To challenge the cadastral value, an independent assessment must be made. From whom should we recover the costs of conducting a court case in this situation (assessment, state duty, etc....)? Otherwise, it turns out that Rosreestr provides information about the cost, but it itself does not make an assessment.

6.1. Hello, Konstantin Valerievich! In pursuance of the Resolution of the Constitutional Court of the Russian Federation dated July 11, 2017 No. 20-P, the Government of the Russian Federation has developed a bill that, in particular, proposes the following rule (in Article 248-1 CLAS of the Russian Federation): “Court costs are recovered from the administrative defendant in cases of satisfaction of claims to challenge the results of determining the cadastral value in connection with an error in its determination, which resulted in a violation of the rights of the administrative plaintiff, when the cadastral value of the property previously determined by mass valuation clearly exceeds its cadastral value established by the court in the amount of its market value.”

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7. At what price should the bailiff put the seized land up for auction? Will he be guided by the cadastral value of the site? Or will he conduct an assessment? Should the bailiff go to the location of the site? What if the site is in another region 1000 km away?

7.1. If the site is located in another territory, the bailiff will send an order to the bailiff at the location of the site. According to this order, your plot will be seized, the value will be assessed (a specialist will be hired for this) and put up for auction.

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8. Please consult. In 2005, my mother died, they opened an inheritance case and closed it. She still has a plot of land that I want to inherit. The notary asks me to pay 500 rubles for getting the file out of the archives and for me to write an application to open an inheritance case. It requires a market valuation at the date of death from an independent expert, but it is expensive: 2,000 because the cadastral value has not been determined, it was not done at that time. But there is a current cadastral one. Is the notary right? Thank you for your help.

8.1. It’s strange, apparently, you want to inherit without spending a penny. Unfortunately, this does not happen. You will have to spend money on the notary, demanding a market valuation.

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9. Where to start challenging the cadastral value of an individual’s land plot in court. individuals to reduce land taxes.

9.1. Hello. First, you need to conduct an independent assessment of the land. In the future, it is necessary to apply to the court with an administrative claim and ask to establish the cadastral value of the land plot equal to the market value.

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9.2. Hello, we need to start with an examination. Then go to court in accordance with the CASS of the Russian Federation. Good luck and all the best.

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9.3. Hello! Conduct an independent assessment of the market value of the land. Submit a claim to a special commission of Rosreestr. If they refuse to revise the value, then file an administrative claim in court to challenge the cadastral value.

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9.4. Good day to you. To begin, conduct an independent assessment of the land plot. I wish you good luck in resolving your issue.

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10. By a court decision, during the division of property, the premises were transferred to me at the cadastral value, since the expert could not give a market valuation due to the lack of a registered land plot under the building (the land does not belong to us, it is not rented). Subsequently, an examination found the building to be unsafe. Is it possible to cancel a court decision in connection with a discovered circumstance?

10.1. Vladimir, in your case, it is better to contact a lawyer for a personal consultation because... It is necessary to study the documents. A court decision that has entered into legal force can be canceled due to newly discovered circumstances, but whether these circumstances will be such can only be understood from the documents.

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11. We provide a loan secured by real estate (house and land). Only the cadastral value is known. We will not conduct an assessment. Can we indicate in the contract the collateral value (assessment) by agreement of the parties, which is lower than the cadastral value, but higher than the amount of the debt itself?

11.1. Hello! Yes, the pledgor and the pledgee have the right to establish the collateral value of the pledged item by agreement, including below the cadastral value.

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11.2. Hello. If the parties have agreed among themselves, then an assessment is not necessary. The cost may be lower than the cadastral price.

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12. As a result of a technical error in 2013 by the cadastral chamber (the valuation of the land plot was increased 10 times), a tax was charged for the entire billing period; in June 2020, the cadastral chamber corrected ITS technical error. The Federal Tax Service. Referring to the Tax Code, it reports that the new cadastral value of the site will be applied when calculating the tax for 2018.

12.1. Good afternoon In this case, you have the right to appeal in court the decision of the tax authority; if you overpaid due to an error, then in this case it is not your fault, and you need to seek a refund of the overpaid funds.

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13. Reducing the cadastral value of the land plot under the building. What documents does an independent appraiser need to assess the cadastral value of the land plot under the building?

13.1. Cadastral passport of a land plot, a document confirming the ownership (lease) of the land plot. First, contact the commission for cadastral value disputes at Rosreestr of the Oryol region, and then make an independent assessment and go to court.

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14. We need your advice in the field of land law. The situation is as follows: in 2020 we learned that the cadastral value of the land plot was established in August 2011. The cost is exorbitant. Do we have any chance of challenging this cost in 2020? In 2016, a new assessment was carried out, as a result of which the cost was reduced by almost four times. Thank you!

14.1. Good afternoon, no, judicial practice is clear, you no longer have the right. This has been the practice for many years. With respect to you, Evgeniy Pavlovich Filatov.

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14.2. Hello! I don’t know, of course, what this answer from my colleague is connected with, but on 06/01/17 I won the case to reduce the cadastral value in one meeting.

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15. The lawyer received 20,000 rubles for reducing the cadastral value and did not start work for two years and did not even file a claim in court. I also received 40,000 rubles for an independent assessment of the land. The period for this assessment has expired and who will return the money to me for the unnecessary examination.

15.1. Contact a lawyer with a written claim for reimbursement of the expenses you incurred and return of the fee; if he refuses, you have the right to go to court.

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15.2. Nobody will return anything to you. If you signed a contract for the provision of services with a lawyer, you can try to get the money back through the court, if, of course, you have confirmation of the transfer of money;

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15.3. The lawyer received 20,000 rubles for reducing the cadastral value and did not start work for two years and did not even file a claim in court. I also received 40,000 rubles for an independent assessment of the land. The period for this assessment has expired and who will return the money to me for the unnecessary examination. file a lawsuit and get your money back.

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15.4. Hello, Vera Nikolaevna. You should submit a written claim to a lawyer for the return of the money paid; in case of refusal, the issue should be resolved in court.

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16. Please tell me what is the most profitable way to sell a residential building, at cadastral or market value? For cadastral valuation of a land plot and a residential building - 2 million 100 thousand rubles. As a first-priority heir, I must pay a notary fee of 0.3%, approximately how much should this be in monetary terms? Thank you.

16.1. Hello! At market value. Sales tax is charged on the sale amount in the amount of 13%. You have the right to receive a deduction upon sale in the amount of 1 million rubles. according to Art. 220 of the Tax Code of the Russian Federation, the tax base will decrease by this amount. Thus, if the sales amount is less than 1 million rubles. You will not have to pay tax, but you will need to file a return.

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16.2. Good day. Dear Alexey, you can sell your houses for the price that you consider acceptable, the payment to the notary comes from the cadastral value. All the best, good luck to you.

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17. I enter into inheritance rights to an agricultural land plot. To calculate the notary fee, I presented a private notary with a report from an expert appraiser on the market value of the site. But the notary demanded a certificate of cadastral value, several times higher than the market value. Does a notary have the right to independently determine the type of property valuation and calculate the tariff based on the cadastral value? Many thanks for the help.)

17.1. Hello, Christina Notary is absolutely right. What is needed is the cadastral value. You have the opportunity to reduce it in court. The appraiser's report will come in handy. I wish you good luck and all the best!

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17.2. The law allows (clause 5, part 1, article 333.25 of the Tax Code of the Russian Federation), in addition to market valuation, to calculate the state duty, use: 1) inventory, 2) cadastral, 3) other (nominal) value of property.

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18. I have the right of shared ownership of a 4/5 share of a land plot with 1/2 share of a residential building, 1/2 share of outbuildings and outbuildings, I want to buy 1/5 share from my sister... how to determine the value of a share if the cadastral value of the house is 1560739 and in the certificate of inheritance the inventory valuation of the residential building is 460,000 rubles. and land 176,000 rubles, help me find out the actual value of her share and whether it can be bought for mat. capital.

18.1. Good afternoon. If, as a result of the purchase of a share, the entire residential premises completely becomes the property of the buyer. Residential premises are isolated premises suitable for living and meeting sanitary and technical standards. As such, the Housing Code recognizes only a residential building (and its part), an apartment or part of an apartment, as well as a room. Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children” does not contain a ban on the use of maternal (family) capital for the purchase of residential premises (a share of residential premises) into the ownership of citizens who have the right to use this property living space.

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19. The notary obliges the pensioner-heir to conduct a market valuation of the inheritance (apartment and land plot) in order to allocate his obligatory share. The cadastral value does not suit the notary, because There are also heirs by will and by law. Is the notary right?

19.1. Hello! The notary pays for the issuance of the Certificate to the Heir only at the Cadastral value. In this case, you need to receive a written refusal and apply with this refusal to the Court or the Notary Chamber of the Omsk Region. It is also possible today, if a notarial case has not been opened, to contact any Notary in Omsk to open an inheritance.

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20. Mother died in 2020, the inheritance was formalized in 2020. The cadastral valuation of the land plot is 1,300,000, the estimated value of the house is 400,000. Do I have to pay tax and in what amount?

20.1. Hello! The following types of property are subject to property tax for individuals: residential house, apartment, room, dacha, garage, other buildings, premises and structures, as well as a share in the right of common ownership of this property (Article 2 of the Law of 09.12.1991 N 2003- 1). When calculating the tax, the Federal Tax Service uses information about the inventory value of property that was provided by the BTI before 01/01/2013. The tax is calculated based on a full 12 months. The legislation also provides benefits for paying this tax; the right to use this benefit arises in the year you received it; if you received the benefit earlier and you did not apply to the Federal Tax Service, then you have the right to do this, they will be able to recalculate your tax for the last 3 years. When notifying the Federal Tax Service that you have a benefit, be sure to attach a document confirming the existence of the benefit. Benefits are available to: disabled people of groups I and II, pensioners. Many benefits are provided for in local legislation on the existence of which can be found on the website of the Federal Tax Service of the Russian Federation.

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Please tell me whether the cadastral chamber has the right to issue a certificate of the cadastral value of a property if it is not the owner of the house!

What value will the notary take into account when drawing up a contract for the sale and purchase of a house, if the cadastral value in total (land plot + house)

In the cadastral valuation of my land plot, in the column “Permitted use” It appears for public and business purposes.

An error was made when calculating the rent payment for the land plot - within one year, two cadastral values ​​were used to calculate the rent,

How to correctly file a statement of claim to challenge the cadastral value of a real estate property and land plot in court.

After winning the land auction, the valuation was 30 thousand rubles. I have to pay a rent of 30 thousand rubles every year.

To allocate and calculate the obligatory share to the heir, the notary must know the value of the property.

What cadastral or market value is taken into account when assessing property (apartment, land plot)

Who should make the estimated value of the land plot? Cadastre or the owner of this plot.

In the cadastral passport there is an assessment of the land plot of 1 ruble, what will be the cost of redemption from lease to ownership.

Please, in the cadastral passport there is an assessment of the land plot of 1 ruble, what will be the cost of its purchase from lease to ownership.

List of useful documents

Documents for download:

Many issues related to challenging the cadastral value are explained on the Rosreestr website.

When is a market valuation of land required?

1. When transferring ownership and other property rights: purchase and sale, lease, trust management;
2. In case of gratuitous acquisition of property rights: receipt as a gift, inheritance, privatization;
3. In case of recognition of ownership rights by prescription;
4. When adding an object as a share to the authorized capital of a legal entity, putting it on the balance sheet;
5. When determining the amount of compensation in case of damage to the site and the buildings located on it;
6. For collateral when applying for a loan;
7. For insurance;
8. When challenging the cadastral value of land;
9. For the purpose of redemption from state or municipal property.

Timing and cost

You can challenge the value of an object according to the cadastre through the Commission free of charge. When going to court, you need to pay a fee of 300 rubles. (citizens) or 6000 rub. (organizations). The applicant’s expenses also include payment for the USRN extract. appraiser services. If a representative defends interests in the Commission or court, the cost of his services is determined by agreement. You can see preliminary prices for our services in the table below.

Challenging the cost of assessing a land plot

Of course, if you do not agree with the procedure carried out and believe that the price of your land plot was calculated incorrectly, you can contact the dispute resolution commission to challenge the cost of the land assessment.

To do this, you will need to justify your decision - for example, conduct an examination of the report assessing the market value of the land. After this examination, you can send its conclusion along with the assessment report to this commission.

Of course, if refused, you can challenge the cost in court.

conclusions

• The cadastral value is determined during the state process. estimates, so it almost does not coincide with market values.
• The cadastral value exceeds the market value, since the state the assessment does not take into account individual characteristics and improvements of objects.
• You can compare market and cadastral value indicators using the Unified State Register of Real Estate (USRRN) extract and PPK information with real prices in a constituent entity of the Russian Federation or city.
• To equate the cadastral value to the market price, it is necessary to obtain a report from an expert appraiser and go through the procedure through the Commission or court.

Smart Way will help you with all questions related to lowering the value of real estate according to the cadastre. Our consultants will tell you about our services by phone using the feedback form.

Difference between book value and cadastral value

Moreover, the average cost of non-residential premises in different parts of the city differs by more than 10 times.
That is, property owners will have to pay tax, at best, based on the real cost per square meter in the corresponding part of the city.

At the same time, the tax rate for Moscow in 2020 is 1.2% of the cadastral value, in 2020 - 1.5%, and so on up to 2% of the cadastral value in 2020.

A similar picture of cadastral valuation results is observed in the Moscow region.

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