Contestation of cadastral value in court in case of refusal of the commission of Rosreestr
A special commission that operates with each Rosreestr Directorate for a constituent entity of the Russian Federation may, upon review of the organization's application for review of the cadastral value, decide to reject the application. The BRACE Law Firm provides organizations with services for appealing the cadastral value in court in cases of rejection of the application by Rosreestr.
The procedure for considering applications for contesting the cadastral value in court is regulated by Chapter 25 of the Code of Administrative Procedure of the Russian Federation (hereinafter referred to as CAS RF). Cases with participation of organizations on challenging the cadastral value are considered by the courts of general jurisdiction (clause 15 of Article 20 of the CAS RF). At the same time for organizations (as opposed to natural persons), before filing an application with a court, it is necessary to observe the pre-trial order, that is, applying to a commission attached to Rosreestr.
To the administrative claim to the court on challenging the cadastral value of the property you need to attach the following documents:
- certificate of cadastral value of the property, containing information on the disputed results of determining the cadastral value;
- a notarized copy of the title deed or the eligibility document for the real estate object;
- if the reason for the appeal was the unreliability of the information: documents confirming the unreliability of the information about the real estate used in determining its cadastral value;
- if the basis was the establishment of a cadastral value in the amount of a market: a report on the valuation of the market value;
- if the market value differs from the cadastral value by more than 30 %: a positive expert opinion on the report on determining the market value of the property, prepared by an expert of the SRO of appraisers;
- notification of delivery or other documents confirming the delivery of copies of the administrative claim (or a copy of the documents to be sent to these persons) to other persons participating in the case;
- a document confirming the payment of the state fee;
- power of attorney or other documents certifying the powers of the representative of the administrative plaintiff;
- documents and materials confirming compliance with the pre-judicial order of dispute settlement established by federal law (if a legal entity refers to a court).
Applications for review of the cadastral value without the application of these documents, the court leaves without motion.
The organization can apply for one of the following requirements when applying to a court on:
- the establishment of its market value in relation to the property;
- changes in cadastral value in connection with the identification of inaccurate information about the valuation object used in determining its cadastral value, including the correction of technical and / or cadastral errors;
- challenging the decision or action (inaction) of the commission of Rosreestr.
The application for review of the cadastral value may be within five years from the date of introduction of the impugned results into the state cadastre of real estate. At the same time, if at the time of applying to the court the cadastral value of the real estate object in the state cadastre has already changed, then it is impossible to challenge the previous cost.
We provide the following legal services within the framework of the judicial challenge of the cadastral value:
- analysis of prospects for applying to the court and formation of a legal position, as well as identification of risks and possible adverse consequences;
- offer options to resolve the disputed situation;
- preparation of a package of documents for going to court;
- representing the interests of a legal entity in court at any stage of the proceedings.
- Preparing and analysis of various draft contracts for the construction industry
- Legal expertize of real estate transactions
- Appealing (decreasing) the cadastral value in Rosreestr
- Legal support for development projects
- Legal support of real estate transactionss
- Legal consulting on issues related to real estate