How can I challenge the cadastral value of an apartment? Where to go, what documents are needed?

Any real estate object, be it a land plot or an apartment, is subject to mandatory state cadastral valuation. Since the value is estimated by generalized and averaged indicators, it is often overestimated. But it is on the basis of cadastral value that taxes are charged. Is it possible to challenge the cadastral value of an apartment and how?

Why is it necessary to challenge the cadastral value?

In the Russian tax legislation, the norm is fixed, according to which the amount of taxation for the property available in the property is determined by the cadastral value. This indicator is calculated by the appraisers. In most cases, the calculated cadastral value is irrelevant. After all, housing conditions change, amendments are made to the legislation. The change in the cadastral value is possible only after it has been challenged. With this procedure, you can reduce the amount of paid taxes.

How is the cadastral value determined?

This indicator is calculated based on the results of the cadastral assessment. State evaluation is carried out by order of the authorities of the constituent entities of the Russian Federation or local municipalities. Further, a list of those real estate objects that need to be assessed is identified. The choice of a particular independent appraiser is made by competition. After the evaluator has completed his work, the results of the activity are approved by regional or municipal authorities. After the cadastral value is approved, the results are entered in the GKN. Revaluation of cadastral value, according to the current legislation, is made every five years, and in Moscow and St. Petersburg - with a periodicity of two years.

How to find out the cadastral value?

The cadastral value is recognized at the address of the real estate object through the site of Rosreestr. To do this, you need to enter the address on the website page with reference information. You can also use the cadastral number of the object.

Also, the cadastral number at the address is also determined by a public map, which is also available on the Rosreestr portal.

To get an official paper confirming the cadastral value, you should make a request through the Rosreestr portal or in the following organizations:

• Department of the Federal Cadastre Chamber,
• Multifunctional Center.

Who can demand a reduction in the cadastral value?

To challenge this important indicator can:

• Owners of real estate, including equity,
• Owners possessing the right to lifelong possession of the inherited object or permanent use,
• Previous owners who wish to reduce the amount of taxes on their property,
• Tenants of state or municipal real estate objects, when the monthly fee is determined by the cadastral value,
• Prosecutors who protect the interests of citizens, the state, municipalities, subjects of the Federation,
• Persons who have the exclusive right to lease or repurchase real estate from municipal or state ownership, when the price is determined on the basis of cadastral value.

It is important to note that if former owners dispute the value, this indicator can be revised for the tax period during which the application is submitted. The cadastral value for the previous period will not be reviewed.

Reasons for challenging

How can I challenge the cadastral value of an apartment? Before starting the disputing process, you should make sure that there are good reasons for this. Here are the main reasons for challenging:

• Dubious and inaccurate coefficients and data were used in determining the value;
• Discrepancy between cadastral and market values, when the valuation was performed relatively long ago;
• Application of generalized valuation techniques without taking into account individual characteristics of the property;
• Amending the legislation.

Methods of calculating the cost are constantly changing. In addition, they are strictly individual for each region.

Applying to the commission of Rosreestra

How can I challenge the cadastral value of an apartment? You can do this when you apply to a special commission, which was created by Rosreestr. The right to challenge the results of an unsatisfactory assessment of cadastral value is enshrined in Russian legislation.

Commissions responsible for the consideration of disputes, work in all administrative units of the Russian Federation. The composition is approved by Rosreestr. As a rule, it includes officials from Rosreestr, employees of the Cadastral Chamber and the local administration, as well as representatives of independent appraisal offices.

The contestation of the cadastral valuation begins only in those situations when the commission receives appropriate appeal from the interested parties.

The Commission accepts and considers absolutely all appeals. In this case, the application can be submitted both by individuals and legal entities. Moreover, various organizations of the state structure, for example, the local administration, can apply to the commission, when they have disputes over the property that is in the ownership.

A package of documentation is enclosed with the application, which includes:

1. Application for revision.
2. Cadastral passport for the apartment. Rosreestr, or rather, the Cadastral Chamber, which is its integral part, is engaged in issuing this document. Passport can be issued only after technical accounting is made. Periodically, this document needs to be updated, since its validity is exactly one year. In the cadastral passport must indicate the address of the property, the years of construction and the last major overhaul, used for the construction of walls and floors materials. In addition, it is important that the presence of communication systems (sewerage and water supply), as well as the type of room heating, be noted. It is issued in the branch of the Cadastral Chamber or in the MFC. The period of manufacturing the passport is 5 working days.
3. In the presence of ownership of the apartment, its owner, who submits the application, must submit the relevant documentation confirming this status. Also, a notarized copy of the certificate of ownership is suitable.
4. If the reason for the challenge is the presence of false information about the real estate object, the supporting documentation will be required.
5. The results of the evaluation report, which reflects the actual value of the apartment in the real estate market.
6. The documents are enclosed by the expert of the evaluation bureau. This paper must contain information that argues the fact that the cadastral value of the market is inconsistent. It should also be indicated that the conclusion is drawn up in accordance with the current legislation of the Russian Federation, as well as regulations and rules relating to evaluation work.

The full package of documents is transferred to the commission through the regional branch of Rosreestr.

If the Rosreestr Commission refuses to review the cadastral value, the owner is entitled to apply to the court with a statement of claim.

It is important to note that individuals, as well as individual entrepreneurs, have the right to apply immediately to the court, or to start they can try to apply to the commission. However, legal entities, state structures, municipalities do not have such a right: they must always apply to the commission and get its decision.

Dispute in court

Reduction of cadastral value through a court is impossible without drawing up a statement of claim. In this situation, the state service Rosreestr acts as the defendant in the case.

The list of documents to be attached to the application is similar to that submitted to the commission of Rosreestr. However, as a supplement, you must pay a state fee for the consideration of a lawsuit. Documents must be accompanied by an appropriate receipt. The state fee is charged only in case of consideration of legal disputes.

Decrease in cadastral value is possible only in case of full satisfaction of the claim in favor of the proprietor-plaintiff. After this, Rosreestr should record the relevant changes in the database (state real estate cadastre) . The GKN contains information referred to in determining the market value of a real estate object.

By the way, most of the claims for contesting the cadastral value of apartments are satisfied, which can not be said about land plots. When evaluating apartments and houses, there are often circumstances in which actual errors occur. The cost of the apartment is calculated to the accuracy of the ruble.

A fairly common mistake of the owners is that they apply a lawsuit to purchase a house. Owners of apartments naively think that the price in the contract will somehow help to influence the cadastral value. But in reality, everything is different. Neither the Rosreestr staff nor the judges need a contract. The amount that it indicates is in no way connected with the cadastral valuation of the property.

Who will be the defendant?

How to challenge the cadastral value of the apartment, we have already disassembled. And who will act as a defendant in the consideration of the case in court? There may be several options:

• The local administration or the municipality of the Russian region, whose duty was to approve the results of the cadastral assessment,
• A branch of Rosreestr in a specific subject of the Federation, as it performs the functions of conducting a state cadastral valuation,
• Service, which is responsible for correcting cadastral and technical errors, when the cost should be reduced due to unreliable information about the property.

In addition to the above organizations, the court is entitled to bring to trial the case and persons whose interests are affected when reviewing the cadastral value of the apartment. They may be former owners and owners of shares.

Challenging through intermediaries

How can I challenge the cadastral value of an apartment through intermediaries? Often, property owners resort to the help of professionals. First, it is necessary to make evaluation work. For their implementation, you must necessarily have a special license. These works are carried out by evaluation bureaus.

After the owner has the results of the evaluation on hand, it is necessary to go to court. To do this, you need to hire a competent lawyer who has experience in dealing with such disputable situations.

Timing

The application for review of the cadastral value can be submitted in the 5-year period after the information is entered into the GKN regarding a particular real estate object. At the same time, the date of entering the GKN is reflected in the documents confirming the cadastral value. If the owner is going to file an application with the court, it is necessary to make sure that the price of the apartment or information about the object has not changed. The limitation period for these cases is not present, therefore the application can be submitted at any time.

The period of consideration of the application in the commission approved by Rosreestr is 1 month from the date of submission of the documentation. In court, the application is considered for at least 2 months. For certain circumstances, this period may increase, for example, because of the transfer of meetings, the appointment of the examination.

Are revaluation fees reimbursed?

Reimbursement of funds spent on revaluing the value of real estate is possible only if the claim of the owner is satisfied. At the same time, it is possible to demand the amount spent from the state structure, which approved the cadastral value. In the event that the reason for the revaluation was a technical error, the reimbursement of costs will be handled by the organization that made the mistake.

Is it possible to appeal a decision on refusal?

If the commission of Rosreesta refused to change the cadastral value, the owner can challenge its decision in court. If the court refused to review the value, its decision may also be appealed. This can be done in the judicial collegium for civil proceedings of the Russian Supreme Court.

The cadastral value of the apartment directly determines the amount of the assessed real estate tax. In most cases, this indicator is too high. To reduce the cadastral value, there must be good reasons, which are documented. In order to correct the situation, it is necessary to file an application with a commission attached to Rosreestr or a court. To do this, you need to know the cadastral number at the address and collect a complete set of documents. There is no time limit for filing an application. The period of consideration of the application in the commission is 30 days, and in court - from 2 months. The decision of the court can be challenged. For this, it is necessary to file a statement of claim with the Supreme Court. Legal costs and revaluation costs are reimbursed if a decision is made in favor of the plaintiff. In addition, a qualified lawyer can be involved in the process.