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Cadastral value is a special value determined by an engineer after carrying out appropriate measurements of the site and assessing a specific territory.
The specialist must take into account the location of the land, its category and purpose of use, general condition, after which the information obtained is entered into the unified data register of the State Property Committee.
To reduce the size of this value, it is necessary to challenge the results of the assessment or the cadastral error committed, and then carry out a recalculation.
Is it possible to reduce the cadastral value of an object?
Local authorities establish a standard for the average cost of plots according to the cadastre, located within a certain municipality.
The cost of the territory according to the cadastre is necessary in the following cases:
- when calculating the amount of land tax collection;
- to determine the amount required to be paid when renting a plot;
- to clarify the value of real estate during its alienation or redemption from state ownership.
When calculating this value, the engineer carrying out the corresponding assessment, state or municipal bodies entering information about the site into a single database of the State Property Committee, are capable of making an error (technical or cadastral).
In this case, information about the price of land will be indicated incorrectly in the documents. This is a good reason to recalculate the value of real estate.
Taxation
Land tax in a number of regions of the Russian Federation since the beginning of 2020 is calculated from the price of land based on the results of cadastral valuation. By the beginning of 2020, this form of taxation will be introduced in all regions
.
From January 2020, land tax has been increased by 20% compared to last year. In 2020, the rate in force in 2020 will be increased by 60%
.
In 2020, a cadastral revaluation of land will be simultaneously carried out and the amount of land tax will be increased
. New amendments to the current legislation also reduced the amount of tax deductions and benefits, and changed the tax calculation formula.
The decision on the next cadastral valuation is made by the authorities of each region or municipality. They have the right to revalue the land no more than once every three years, and no less than once every 5 years.
has been made for the cities-subjects of the Russian Federation (Moscow, Sevastopol, St. Petersburg) : they have the right to revalue land plots every two years.
How to reduce the cadastral value of a land plot?
A cadastral valuation carried out by an authorized specialist must be carried out at least once every five years.
If an error is discovered that affects the value of the property according to the cadastre, a citizen may demand a recalculation.
This can be done in 2 ways:
- administratively (by contacting Rosreestr directly);
- in a judicial (compulsory) manner.
The basis for applying to the court or Rosreestr is the discovery by an interested party of an error in the cadastral documentation or determination of the presence of unreliable information used at the time of the assessment.
Where to go first (to court or Rosreestr) depends on the citizen’s decision. The law does not prohibit filing a claim without first attempting to resolve the conflict peacefully.
Is it possible to reduce
A change or reduction in the cadastral value can be carried out on completely legal grounds. The most effective way is to file a claim with the competent courts with a request to challenge the latest assessment results and to establish a new cadastral value of a plot of land
. On the territory of the Russian Federation, such claims are satisfied with enviable consistency.
It is worth noting the fact that there are other ways to reduce the indicators under consideration. However, in the vast majority of cases they are applied, which only allows them to complement the main method of protecting the rights of citizens, which is going to court.
claim to challenge the cadastral value of a land plot
For example, on the basis of the standards clearly stated in Federal Law No. 135 of July 29, 1998, which regulates valuation activities within the framework of the cadastre on the territory of the Russian Federation, the amount of the cadastral value can be appealed by appealing to special interdepartmental commissions, the main activity of which is just the consideration of such disputes.
It is important to remember that similar commissions do not operate in all federal subjects.
Scrolling through the Internet, I found an interesting article. I think it will be interesting to many: “Looking at the cadastral map, I accidentally discovered that the cost of my agricultural plot, with an area of just over one hectare, previously amounted to 5,603 rubles, now amounts to 2,374,648.25 rubles (more than two million rubles)
.
Having inquired about the fate of the neighboring plots, I discovered that they had also been revalued. At first it seemed that this was some kind of mistake, but a call to the cadastral chamber put everything in its place: indeed, the revaluation was carried out on December 1, 2020
. If you are not satisfied with the price, submit an application to the cadastral commission in Krasnodar
The cadastral value of plots increased 423 times
It would seem that I should be happy, because the property I own seems to have increased in price by as much as 423 times, but the fact is that I do not consider this plot as an item for bargaining. On the other hand, as the owner of the plot, I am obliged to pay an annual tax in the amount of 0.3% of its cadastral value
. If earlier this amount was 16.80 rubles, now it has increased to 7,123.94 rubles. Seven thousand a year for a plot located practically in the middle of a forest, 3.5 km from a populated area, without a road, electricity, or water supply, isn’t that too much?
Revision of cadastral value
There is an established procedure for revising the cadastral value of an agricultural storage site. Individuals have a choice - to apply to a special commission or to court. I am not a lawyer, but after a brief acquaintance with the review procedure, I understood the situation as follows: you can either prove that an error occurred when establishing the cadastral value, or set the cadastral value for your plot in the amount of the market value
.
If I misunderstood something, please correct me in the comments
.
I'll start with the last one, with market value
.
In order to install it, it will not be enough to provide the purchase and sale agreement under which I purchased it. Payment will be required for an independent assessment conducted by certified experts
.
I clarified the cost of their services - from 20 thousand rubles. In the future, apparently, the cost of the site may be revised again every three years
. It is possible that I will need the examination data again and again.
This means we need to look for errors in how the cadastral value was determined. First, let’s find out who conducted the assessment and how.
Obtaining information from the State Cadastral Valuation Data Fund
Fortunately, in order to find out the details, it was not necessary to knock on the thresholds of offices. The Rosreestr website has brought some clarity. I was able to find a rather complex mathematical formula that made it possible, depending on the parameters of the site, to estimate the UPKSZ coefficient
.
By multiplying this coefficient by the number of square meters, I would have to get the cost of my plot. Having used analytical skills, a popular spreadsheet processor and the help of friends (including those
with
a higher mathematical education), I received a coefficient that was more than 4 times lower than what was actually used to evaluate my site
.
The values of the “variables” for my site are reflected on the page in Rosreestr
.
By the way, these data are largely untrue. For example, it is indicated that there are 2 flights per day to a given area
. What kind of flights are we talking about if there is no road, and the nearest populated area is more than 3 km away? But then some unusual patterns began to emerge in the formula. For example, according to the logic of this formula, as you move away from the roads, the cost of the plot should... increase!
We were delighted - the mistake meant that we had calculated something incorrectly. In order to obtain clarification, we turned to the appraiser’s report
.
It turned out that the revaluation was carried out by order of the Department of Property Relations of the Krasnodar Territory
.
The organization that won the tender, LLC Land Resources, received no less than 19,590,433 rubles for the work of revaluing 423,739 plots. The report contains a sea of waste paper: various tables, diagrams and texts
.
Among other things, I managed to find a familiar figure - 230.7. This is exactly how many rubles the company values one square meter of my land
.
So it's not a mistake?
How did you manage to get such a figure ?
The Rosreestr website helpfully offers a list of transactions, price information about which formed the basis for the assessment
.
This data was obtained from various real estate companies. A total of 87 transactions were analyzed
.
The most superficial analysis suggests that only one (!) of these transactions was valued at more than 1 million rubles. I collected data on all transactions and calculated several statistical figures
.
The average transaction price is RUB 251,598
.
The average plot size is 4 acres
. In other words, small plots of gardening partnerships located in places with basic infrastructure were taken for analysis. And the obtained coefficients were applied to areas of disparate area - hayfields, pastures, fields for sowing, farms
We were puzzled by the results obtained and the question immediately begged us: if such a barbaric tax now comes to our plots, then what will happen to the large “land lords”: representatives of government structures and persons affiliated with them who bought up huge territories of agricultural lands for further resale? The very first letter from the tax office should ruin them. However, a detailed study revealed that not all areas were subject to revaluation. For example, less than one and a half kilometers from my two million hectare, there is a 28-hectare “clearing”, modestly priced at 154 thousand rubles
.
Apparently, some owners had certain tools to avoid overvaluation
.
And it will be very difficult to catch anyone by the hand on this issue, because the answer is obvious: they have not yet had time to “count” them
. It is quite possible that another assessment will be ordered later, with a less impressive list of sites and more modest coefficients.
I am aware that most readers have no idea what the prices are for plots of land in the Krasnodar Territory. In fact, it is quite easy to determine, if not the fair price of a particular plot, then the correct order of prices for agricultural plots
.
The fact is that, according to the existing law, any person or company wishing to sell a plot of land to the SkhN must first offer this plot to the regional administration, and at the same price at which the transaction with the buyer will subsequently take place. The administration publishes sheets with waivers of the right of first refusal on the Internet
.
I took notice No. 2 of January 21, 2016 as a basis and selected 151 consecutive transactions
.
Having made simple calculations, I got the average price per square meter - 4.29 rubles
.
The average plot area among the transactions under consideration is 9.2 hectares. Maximum - 117 hectares
. The average cost of a plot is 391,352.5 rubles, and the maximum is 2,342,000 rubles. Maybe in order to find the optimal coefficients that help calculate the cadastral value of a site, you don’t need to spend 20 million budget money?
Consequences: local and global
Tens of thousands of owners of agricultural land plots will receive the most unpleasant news from the tax authorities in the coming year. At that point, it will be too late to argue with the amount already accrued.
.
Some people understand jurisprudence and have access to the network, others, mainly farmers, will find themselves unarmed in the face of this blow
. Provocations of this kind, designed to “pump up” the budget, will quickly undo all the many years of and expensive work to revive agriculture, import substitution, and development of remote rural areas.” taken xn--80ap5bb.xn--p1ai
Regardless of ownership, the cadastral value of land until 2020 was determined according to No. 135-FZ “On Valuation Activities in the Russian Federation”, and then according to No. 237-FZ “On State Cadastral Valuation”. Its determination is required not only by the state for taxation, but also by owners and tenants of land plots
. The assessment results are entered into the Unified State Register of Real Estate, which is maintained by Rosreestr. The exact real value of land based on cadastral valuation is necessary for owners and users of land plots in order to:
- establish a lower land tax;
- determine the lower redemption price of a land plot when purchasing it in
- property of local authorities;
- reduce land rental fees;
- reduce property tax on legal entities;
- for other purposes.
How to reduce the cadastral value of a land plot yourself without the participation of the court?
How and where to find out the cadastral value of a property - read here.
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A commission specially created by Rosreestr deals with cases of revising the value of certain plots.
If five years have not passed since the last assessment, the citizen has the right to draw up the text of an application with a request to review its results or to correct a technical error.
In addition, the commission must provide:
- a certificate of the value of the plot according to the cadastre;
- applicant's passport;
- title papers for the object and/or extract from the Unified State Register;
- documents confirming the presence of an error (for example, the conclusion of an independent specialist).
The citizen’s application must be considered by the authorized commission within 30 calendar days. After this, the applicant is provided with a written response from the state authority (in case of refusal, the decision must be justified, then the citizen will be able to challenge the conclusion in court).
If the decision is made in favor of the applicant, the commission undertakes to notify Rosreestr and the Cadastral Chamber of a revision of the cost of the site. As a result of recalculation, a citizen can achieve a significant reduction in this value.
In what cases is revaluation of land plots necessary?
Rosreestr carries out a planned revaluation of plots once every 5 years, but sometimes there are grounds to challenge the cadastral value before this period.
When this happens:
- If the area has changed - for example, you have merged a plot with a neighboring one or moved a fence by common decision with your neighbors.
- If the permitted use has changed. Challenging the cadastral value of a land plot is possible provided that the adjustment has already been made to the Unified State Register.
- If you have chosen a different purpose for the site (for example, it was agricultural, and now you plan to use the land as a parking lot for vehicles).
- If a natural disaster occurred, the land could lose value.
- If you suspect that the cadastral value of the site was deliberately inflated during the official assessment, and want to know the opinion of independent experts.
In this case, contact an appraisal company: based on the results of the examination, it will become clear how large the difference is between the market and cadastral value.
Cadastral price and its challenge
How will the cadastral price of land plots change in 2020? To find out, you should refer to current laws and judicial practice. to laws adopted No. 360-FZ of July 3, 2016 (Article 19) froze the cadastral price of land in all regions from January 1, 2017
.
until 01.01.2020 Simultaneously with the amendments to replace No. 135-FZ “On Valuation Activities in the Russian Federation”, Law No. 237-FZ “On State Cadastral Valuation” was adopted, which came into force on 01.01
. 2020. It states that only independent budgetary institutions will be involved in state cadastral valuation under the supervision of Rosreestr.
The next wave of widespread revaluation of territories will be in 2020. Two years (from the beginning of 2020 to the beginning of 2020) are transitional.
When disputing its cadastral price, the owner of a plot of land has the right to involve independent appraisers. The results of the independent assessment are reviewed and approved by a court or dispute resolution commission when determining the cadastral price of real estate (hereinafter referred to as the “Commission”)
.
It was created and operates in each region under the management of Rosreestr. Individuals have the right to apply either to the Commission or directly to the court
.
The authorities need to go through a pre-trial review of the case by the Commission.
It would seem that, based on these laws, changes in the cadastral price of territories should not be expected until 2020 . But the authorities are interested in revising the cadastral price of territories in order to:
- Registration of rights to land plots and transactions with them, protection of land users' rights.
- Accurate determination of the amount of taxes, rental payments, amounts of monetary compensation when confiscating land from owners for municipal needs.
- Supporting the land, mortgage, securities, stock markets, attracting investments to the regions.
- Assessing the efficiency of land use in the territory, developing master plans for the development of cities and towns, and implementing large-scale projects.
