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

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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.

The owner of the premises needs to prepare an appeal, after its consideration, representatives of Rosreestr will recalculate the cost of the property. If the appeal to the first instance does not produce results, an appeal is submitted to the commission for challenging the cadastral value (under the Rosreestr of the region).

Another option is to go to court. It is important to prepare the claim correctly and attach all the necessary documents.

Features of the use of cadastral value

You should use the value of the property in the following cases:

1. When calculating land tax.
2. When calculating tax on any existing property. This can be a residential or non-residential premises, an office, a retail outlet, or a catering establishment.
3. When calculating rent for land plots located under the department and owned by Russia.

The value of a property is assessed according to new rules adopted in 2020. If the owner sold a home or other type of real estate on January 1, 2020 and the total cost is less than 70% of the cadastral value, then this amount (70% of the cadastral value) will be considered the income of the subject (owner).

The cadastral value can be recalculated once every 2 years (if it is a city of federal significance), in other cases once every 5 years. According to the law, challenging the cadastral value results is possible for 5 years, until the new results come into force.

Previously, recalculation was calculated starting from the year; challenging the cadastral value in 2020 is carried out according to new rules. From January 2020, recalculation is calculated for the entire period of validity of the disputed value of the property.

Attention! Before contacting any of the above authorities, you need to order a certificate from the Unified State Register of Real Estate on the cadastral value, which will confirm the relevance of the data (cadastral value). You can order this certificate on this page, directly from Rosreestr in electronic form.

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

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

1. If the owner does not agree with the assessment of the premises.
2. Errors were identified when reviewing the assessment results.
3. 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:

1. Individuals whose rights and obligations were violated.
2. Legal entities whose rights were also violated.
3. 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.

The practice of contestation

Disputes regarding the results of determining the cadastral value in the general manner are considered. It is necessary to contact Rosreestr - the cost and its changes must be entered into the database. Without these actions, the revaluation process will be considered illegal.

The following have the right to challenge:

• individuals – in cases where the established value is incorrect and violates their rights;
• legal entities – when the valuation imposes unlawful obligations;
• self-government bodies - in the event of disputes concerning real estate owned by the power, but not used by it.

The commission considers the application for no more than a month.

There are several ways to challenge it - pre-trial resolution (applying to the cadastral service authorities) and going to court.

Pre-trial procedure

Individuals have the right to file a claim for consideration by the court without previously contacting the cadastral service.

A different procedure is provided for legal entities - they can go to court only if the Rosreestr commission refuses to accept the application.

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:

1. Passport of the person filing the application.
2. An official request addressed to government authorities.
3. 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).
4. Verdict of the commission assessing the property.
5. 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)

Arbitrage practice

You can file a claim in federal, regional or city court. The plaintiff is Rosreestr.

The grounds for going to court are:

• incorrectly entered data into the database and, as a result, incorrectly calculated tax;
• incorrect valuation at the time of the examination.

Action plan for legal entities

The challenge process must be carried out in the following sequence:

1. Submitting an application to the commission to review the assessment decision.
2. If the decision is approved, taxes will be recalculated.
3. If the application is rejected, ask for the commission's decision to reject it in writing.
4. Then file a lawsuit to review the decision.
5. If the court satisfies the claim, recalculate the taxes; if not, continue to pay the tax at the original amount.

For individuals

For people of physical type, the scheme of actions is simple. A lawsuit is filed immediately.

The outcome of the decision is the same - if the request is approved, the taxes should be recalculated, if rejected, it should be paid at the previous cost.

Required documents

The following documentation is submitted along with the claim for revision of the cadastral value:

• certificate of cadastral value of the real estate - indicating the date of determination of the value;
• a photocopy of the certificate of ownership – certified by a notary;
• appraiser’s reporting – the date must coincide with the cadastral valuation;
• conclusion of the organization of appraisers;
• commission decision to refuse to revise the cost of the cadastre;
• a photocopy of the payment receipt for payment of the duty to the state.

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.

Calculation of the cadastral value of a property

To raise objections to the specified price, you need to find out the exact amount stated in the documents. Official assessment activities are carried out by duly registered organizations that carry out assessments in agreement with government agencies. To facilitate the work of business entities and individual citizens, as well as government bodies, the register price of the property objects under study is posted on the Rosreestr website.

It is possible to find out the cost by the legal address or by cadastral data. Individual properties are recorded on the official cadastre map. The state real estate cadastre serves as the information repository. After clarifying the cost, the accounting price should be compared with the commercial estimate.

At the beginning of the current year, the disputed cadastral price of real estate was ten million rubles, and the market value as of the same date was eight million rubles. This means that the registered value exceeds the commercial value by two million rubles.

When calculating the tax rate, they proceed from the clarification of the tax rate as determining the register value, reduced by the register price of 20 square meters from the full (total) apartment area. It turns out that the cadastral excess is greater than the tax base.

We recommend that you read:

Reducing the cadastral value of real estate

For example, there is an apartment whose area is 100 square meters. m. Its cost according to the cadastre is 4,500,000 rubles, and the market price is 5,200,000 rubles. The difference is 700,000 rubles. From the calculations it is clear that the cadastral value is lower. Accordingly, if you calculate the tax rate, you must first calculate the cost per square meter. Its cost is 45,000 rubles, and if you need to subtract 20 sq. m to calculate the rate, it turns out that you need to subtract 900,000 from 4,500,000 and you get the amount of 3,600,000, from which the tax will be taken.

If the owner or other interested party provided for by law manages to reduce the established price in court, then the tax base will also decrease.

Reasons for recalculating the register price:

• doubts about the reliability and correctness of the calculation of the price of property;
• when information about plots and structures is incorrectly entered into the state register;
• incorrect establishment of evaluation conditions;
• incorrect accounting of the location of functional property;
• official consent to operate the property; the facility is in a state of disrepair;
• the need to establish the commercial value of the property under study.

In order to establish the availability of methods for recalculating the accounting price amount, an application is generated requesting information about the property that was involved during the establishment of the accounting price when compiling the final result.

The assessment data is posted in the administrative branches of Rosreestr. We must not forget that it is necessary to find out the commercial price of an object not on the production date, but on the date the cadastral price of the property is established. A not entirely pleasant exception to the stipulated situation is the fact that it is impossible to change the value of property that is located in regions where accounting is based on the inventory, and not the cadastral value of the property.

Organizations authorized to recalculate the register price of property:

1. An authorized commission, the main task of which is to resolve disputes regarding the established value of property (an option for resolving a dispute in a pre-trial manner).
2. Judicial authority.

The inalienable right of the applicant is to independently choose the procedure and procedure for challenging a certain value.

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).

Extrajudicial procedure

This option is possible if a dispute resolution commission has been created in your region. For the procedure you will need:

• See what's going on with the cadastral value of housing. Its value can be found out for free on the Rosreestr website - https://rosreestr.ru/.
• Order an assessment of the market value of housing at the time of determining the cadastral value. Independent appraisers usually charge 3-10 thousand rubles for this.
• Apply to the commission. Justify your position with a package of documents, including an appraiser’s report, an extract from the Unified State Register of Real Estate and photocopies confirming the rights to the apartment.
• Receive the commission's decision. You won't have to wait long: the review will take no more than a month.

The commission may accommodate the applicant halfway or reject the application. In case of a negative result, the commission will provide appropriate arguments. Her decision can be challenged in court; 3 months are allotted for this.

Extrajudicial procedure has two important advantages:

• Firstly, compared to going to court, this is a faster way to solve the problem.
• Secondly, there will be no large expenses: in fact, you will only have to pay for the services of an appraiser.

The fly in the ointment is a higher percentage of refusals: according to statistics, commissions meet applicants halfway in 60% of cases.

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:

1. Written request from the applicant.
2. Extracts from the Unified State Register of Real Estate (you can order on the official website here rosreestor.info).
3. A document confirming ownership.
4. 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.

Reducing the cadastral value of land

Advice from lawyers:

1. Can a garage cooperative, when reducing the cadastral value of land, reduce the land tax for the previous year?

1.1. The cadastral value changes based on some decision or resolution.

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2. There is a share in agricultural land, the tax notice for 2014 indicates a share of 1/299, in 2015 - 1/240, in 2016 - 1/199. The calculation was made with these shares; the cadastral value for the reduction of shares did not occur. In 2020, the tax came again for 2014,15,16, but with shares of 1/199. How is the tax share calculated and if the shares are reduced, should the area and cadastral value decrease?

2.1. The tax inspectorate itself does not calculate the shares; the tax inspectorate receives information about the reduction of shares in the order of information interaction after registration of the allocation. This information is provided by Rosreestr. When allocating a share from a land plot, the total area of ​​the land plot in shared ownership decreases, and, accordingly, the cadastral value of the land plot. Reducing shares does not affect the reduction of your tax base, since when a share is allocated by one of the participants in shared ownership, the area of ​​your share remains unchanged.

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3. Was the director of a cooperative. The cooperative had a small brick factory. The land plot was in perpetual use. The premises were sold for debts. The land remains. They wanted to transfer the land to the seller after the cadastral value was reduced in court. The cooperative has not paid land tax for 3 years. Tax officials filed a lawsuit and say that the deal was illegal. It was necessary to first repay the debts to the state. Is this true?

3.1. Send the tax authorities to court, let them prove the illegality of the transaction. The legislation does not contain restrictions on the turnover of property on the basis of non-payment of taxes on it.

Did the answer help you?YesNo

3.2. Konstantin! You write: “The tax authorities filed a lawsuit and say that the deal was illegal.” So they filed a lawsuit to invalidate the deal? If so, then you need to study the case and prepare for the trial. Well, grandmothers at the entrance, traders at the bazaar, and even girls with “reduced social responsibility” can simply “talk.” And you shouldn’t pay attention to this “they say”!

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

4.1. 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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4.2. 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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4.3. 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.

Did the answer help you?YesNo

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

Did the answer help you?YesNo

5. There is land of 2.5 hectares, the cost according to the cadastral map is 40,000,000 rubles, permitted use for the construction and operation of gas stations and a tax of 300,000 per year, how to reduce the tax rate? Maybe a reduction in cadastral value? Or change the permitted use? If the cadastral value is reduced, how much can it be reduced? Nearby, within a distance of 1 km, land with permitted use for the construction of road infrastructure costs 20,000 rubles. Thank you!

5.1. The tax rate can be reduced only if the cadastral value is reduced and nothing else. It is possible to challenge the cadastral value, but it is difficult.

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6. I had a plot of land on lease since 08/26/13. In the quarter its value was 1410.88. Since January 2014, the cadastral value of land has increased, and the rent for the 1st quarter became 43,707.60. I abandoned him on September 1, 2014. (the site was not used). Can I expect that its cadastral value will be recalculated for me to reduce the rent?

6.1. Hello. Yes, according to the Federal Law on Valuation Activities.

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6.2. Yes, this is quite possible.

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7. How to force the KUMI of the city of Stavropol to recalculate the rent for a land plot due to a decrease in the cadastral value of the land?

7.1. File a claim and demand a recalculation. Officially.

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8. Is it possible to appeal the cadastral value of land in order to reduce the RENT? The landlord is the district administration.

8.1. You can try it.

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9. The cadastral value of land has increased several times; accordingly, the land tax payable has become exorbitant. What to do, how to notify the tax office of the impossibility of paying tax, of a reduction.

9.1. You can challenge the cadastral value. There are no other options to reduce land tax.

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10. The cadastral value has increased tens of times and decreased by 10,000 rubles. no longer relevant. If earlier I paid 300 rubles a year and the entire tax amount was almost completely covered by the benefit, now my land tax is 4,000 rubles, and the discount on the benefit is only 130 rubles. Question: Are there any changes in tax legislation regarding the provision of benefits to combat veterans (and veterans and pensioners in general) in connection with such a sharp increase in cadastral value?

10.1. At the federal level, there are no changes in this part.

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11. An LLC (investor) received a lease of land of 11 acres in a village for the construction of a social purpose facility - the rent for the year was set at 6,000,000 rubles and is equal to the cadastral value of the site; days responded to a request to reduce the rental rate (after all, a social purpose) refusal, where else can I go with this question? After all, with such an extortionate rental rate, it is only possible to build a casino, and not a public service building and a post office.

11.1. Hello. In writing?

Did the answer help you?YesNo

11.2. Good afternoon, please submit a written request to the owner of the land plot with a request to reduce the rent. And so I believe they calculated the rent based on the cadastral value of the land plot. And you most likely should challenge the cadastral value of the land plot and set its value equal to the market value! Sincerely, lawyer of the MOSCOW DISTRICT BOARD OF LAWYERS Ilya Vladimirovich Shemyakin tel.: 8-915-755-23-15

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12. Is it possible to challenge the cadastral value of your own plot of land downward? The cost of my plot without infrastructure on the outskirts is 20 times higher compared to plots with infrastructure in the city center...

12.1. Is it possible to challenge the cadastral value of your own plot of land downwards? -You have such a right. Judicially. You can try to challenge it.

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13. We, as participants in the case, appear. 3rd parties from the plaintiff. We won a lawsuit to reduce the cadastral value of the land. The defendant filed a complaint with the 13th AAS, which was left without satisfaction. Now we, as a third party, want to submit documents to the committee to change the price. HOW to carry out the procedure correctly?

13.1. Hello! You need to address the court decision to this committee and ask to reduce the cadastral value of the site.

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14. Is it possible to return the overpaid money for land lease for 2013 at the cadastral value after an examination of the decrease in market value.

14.1. It is possible if the terms of the contract provide for this.

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15. Reducing the cadastral value of land in the organization. And how can we track when the value has increased, if there is one number in the Rosreestre, and another in the tax office, and the list of plots that allegedly belong to us is 3 times larger, already since 2002, where were they before? How to deal with them?

15.1. Hello, Nadezhda Vasilievna! By submitting an application. I wish you success.

Did the answer help you?YesNo

16. I am the Head of the peasant farm. When, upon leaving the peasant farm, one of the members in court, by decision, received compensation for the land plot of 500 thousand rubles, i.e. 1:15 part, according to the cadastral value, the entire land was valued at 8,500 thousand rubles. After the bailiffs seized all the land of the peasant farm, at the auction they valued it at 2,500 thousand rubles, which means 1:15 part of 160 thousand rubles. Is it possible to reduce the payment of the awarded compensation due to the decrease in the value of the land plot.

16.1. -Only the court will answer this question. apply and find out. There are chances.

Did the answer help you?YesNo

16.2. You need to look at the court decision, appeal the auction assessment and all subsequent actions.

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17. I have my own parking lot, the land is leased. Land for rent, rent 30 t.r./month. That's a lot. Is it possible to somehow transfer the land into free perpetual use or somehow reduce the cadastral value to reduce the rent. Sincerely, Alexander.

17.1. Alexander, contact the municipality with an application to provide ownership of the land plot, if the land is municipal.

Did the answer help you?YesNo

18. We have the following situation: the lease agreement for land for a trading house has been concluded with the Committee since 2006. The cadastral value of the land was 14,700,000 rubles, the annual rent was 180,000 rubles. By the decision of the Arbitration Court of the Kemerovo Region dated August 20, 2012, Case No. 27-12754/2012, the cadastral value of this land plot was established at 800,000 rubles. QUESTION: Should the rent for land decrease or increase if the cadastral value is reduced by the decision of the arbitration court?

18.1. The rent for land is established by agreement of the parties and most likely the lease agreement specifies the grounds and method for its change; if it is linked to the cadastral value of the land, then it is subject to reduction.

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19. The cadastral price of land in the Krasnoyarsk Territory greatly exceeds the market price. What ways and possibilities exist to reduce the cadastral value when considering the purchase of land?

19.1. Dear Yana! As far as I know, the cadastral value of a land plot is not a criterion for determining the sale price of a plot. Do you need to clarify what category of land is this? In Siberia, in my opinion, in each region the cost for registration of purchase and sale is established by Decrees of the Governors, depending on the number of land tax rates. Please check.

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Grounds for challenge

Any individuals or organizations that own real estate on the basis of ownership, permanent (perpetual) use or lifelong inheritable ownership have the right to revise the cadastral value. If we are talking about collective ownership, then the decision to revise the cadastral price must be made jointly (for example, in the case of shared shares in a land plot).

You can also familiarize yourself with the online register of information about real estate objects.

Thus, land owners who have taken the following actions have the right to apply to a commission or court:

• received an encumbrance on a plot of land;
• reduced the area of ​​land;
• damage to the land plot was revealed, etc.

These actions are grounds for changing the cadastral value if they have not yet been included in Rosreestr documents. The cadastral price of any real estate property can be revised in the following cases:

• the owner has a desire to correct the error found in the appraisal document;
• you have a certificate from independent appraisers, which allows you to challenge the previous assessment;
• other documents have appeared confirming the presence of inaccuracies in Rosreestr records (inaccurate information was used for the assessment);
• The cadastral value is established based on the market value.

Where can I find out the cadastral value?

According to the law, revaluation of cadastral value is carried out no more than once every 5 years, and for cities of federal significance - no more than once every 2 years.

Where can you find out this cost?

1. Official website of Rosreestr. To do this, you will need to enter the cadastral number of the object, its address or other identifying information into a special form;
2. Public cadastral map of Rosreestr;
3. Make an official request to the State Real Estate Cadastre (GKN), to its local branch. To do this, you can use the Rosreestr website, the local branch of the Federal Cadastral Chamber, or the services of the Multifunctional Center (MFC).

Changes in the law from January 1, 2020

Since the beginning of 2020, three federal laws have come into force, which have significantly changed the procedure for appealing the cadastral value of housing and land plots.

What are these laws?

1. Law No. 237-FZ of July 3, 2016 “On State Cadastral Valuation”;
2. Law No. 360-FZ of July 3, 2016 “On Amendments to Certain Legislative Acts of the Russian Federation”;
3. Law No. 361-FZ of July 3, 2016 “On amendments to certain legislative acts of the Russian Federation and the recognition of certain legislative acts (provisions of legislative acts) of the Russian Federation as invalid.”

These laws will operate along with existing laws in the field of cadastral valuation, which do not contradict the new rules.

Many websites still contain outdated information about the procedure for challenging the cadastral price of real estate. Be careful!