Appealing (decreasing) the cadastral value in Rosreestr
The BRACE Law Firm provides services to organizations for appealing the cadastral value of real estate in Rosreestr with a view to reducing it. The size of the property tax is directly dependent on the cadastral value of the property, therefore, applying to a special commission that operates with each Rosreestr Administration for the subject of the Russian Federation and achieving a reduction in the cadastral value of real estate, the company will save itself from unnecessary financial waste.
The cadastral value of a property may be incorrectly determined for two reasons:
•unreliability of information about the real estate used in determining its cadastral value;
•establishment of its market value in relation to the real estate object on the date on which its cadastral value is established.
Each of these circumstances serves as the basis for applying to the commission with a statement on reducing the cadastral value of the property.
Information on the cadastral value contained in the Unified State Register of Real Estate (EGRN) can be found by obtaining an extract from the EGRN on the cadastral value of the property (the form of the extract is approved by Order No. 975 of the Ministry of Economic Development of Russia of December 25, 2015).
Organizations when applying to the commission need to submit a statement, attaching to it the following documents:
•cadastre certificate of the cadastral value of the property. It should contain information on the disputed results of determining the cadastral value;
•copy of the title deed to the real estate object. The copy must be notarized;
•if the basis for the request is unreliability of the information, then it is necessary to submit documents confirming the unreliability of the information on the real estate object used in determining its cadastral value;
•if the basis is the establishment of a cadastral value in the amount of a market, you need to attach a report on the valuation of market value, compiled on paper and in the form of an electronic document;
•if the market value differs from the cadastral value by more than 30 %, it is necessary to present a positive expert opinion on the report on determining the market value of the property, prepared by an expert of a self-regulatory appraisal organization, of which the appraiser is a member. The expert opinion is submitted on paper and in the form of an electronic document.
The application without application of the specified documents is not accepted for consideration. The application may be accompanied by other documents, which the applicant deems necessary to present.
The commission within one month considers the application.
Based on the results of consideration of the application, the commission has the right to adopt one of the following decisions:
•if the application was submitted due to unreliable information about the real estate used in determining its cadastral value: on rejecting the application or reviewing the results of determining the cadastral value;
•if the application was filed based on the establishment of its market value in respect of the real estate object on the date on which its cadastral value was established: on determining the cadastral value of the property in the amount of its market value or on rejecting the application.
The decision of the commission to reject the application can be challenged in court.
We provide the following services:
- analysis of documents submitted by the client for the existence of grounds for applying to the commission with a request for contesting the cadastral value;
- preparation of a package of documents for submission to the commission attached to Rosreestr;
- legal advice on the issues of disputing the cadastral value of the property.
- Preparing and analysis of various draft contracts for the construction industry
- Legal expertize of real estate transactions
- Contestation of cadastral value in court in case of refusal of the commission of Rosreestr
- Legal support for development projects
- Legal support of real estate transactionss
- Legal consulting on issues related to real estate