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Cadastral revaluation of land from January 1, 2021 is canceled
The Committee for State Property Management of the Kemerovo Region has canceled cadastral valuations of land in Kuzbass.
What happened
On October 6, KUGI CO canceled (decision 1723) carrying out previously planned cadastral valuations for land three categories:
It is noteworthy that the assessment of the lands of settlements and agricultural purposes was actually carried out. As we wrote previously, on the Foundation website of the cadastral valuation, a "clean" version of the reports has already been published. It was planned that these reports would be officially approved by the KUGI KO at the end of November, and the new cadastral valuation would begin to be applied for calculating land payments from January 1, 2021. However, it is now clear that in 2021 we will continue to use the same cadastral value that is in force now.
Why cadastral valuations were cancelled
In 2020, cadastral valuations were canceled not only in Kuzbass. So, Moscow Mayor Sergei Sobyanin announced at the end of July that there would be no revaluation of land planned for 2020. He cited the COVID-19 pandemic as the main reason: it was originally planned that Moscow real estate would be valued as of January 1, 2020. However, at the beginning of the year, no one could yet have known about the upcoming pandemic and the lockdown caused by it, so in July real estate prices as of “January 1 of the year” were already obviously irrelevant.
However, in Kuzbass, in addition to these obvious considerations, another factor was clearly taken into account: on July 31, 2020, Federal Law No. 269 was adopted, significantly changing the procedure for conducting and challenging cadastral estimates stoimost-snova-pereotsenili-chto-delat-vladeltsam-zemli" target="_blank">(learn more). Among other things, this law provides that cadastral valuations of all categories of land in all regions must be carried out in 2022, and all buildings and structures - in 2023. As a result, the Kuzbass authorities were forced to cancel the assessment in 2020 in order to conduct it in 2022 in accordance with the new requirements of the law ">(See Evaluation Order).
That is, cadastral valuations of land plots of all categories will be valid in the Kemerovo region until December 31, 2022, and new ones will begin to operate from January 1, 2023. This means that the period of validity of the cadastral valuation of land in settlements in the Kemerovo region will be 7 years - from 2016 to 2022.
Similarly, for buildings - the current assessment for 2020 will be valid until 12/31/2023, the new one - from January 1, 2024.
Further revaluations will also have to go synchronously - once every 4 years.
Thus, the reason for the cancellation of cadastral valuations in 2020 becomes clear: if a new valuation of agricultural land and land of settlements began to operate in 2021, then the period until the next revaluation would be too short - only 2 years.
What should landowners do
If you have already managed to reduce the cadastral value of your land, you can only be envied: after all, now you will save on land payments for two whole years longer than originally planned.
If earlier you refused to challenge the cadastral value due to insignificant savings, it's time to reconsider your decision!
It's no secret that courts are reluctant to recover litigation costs in favor of land owners, so it's always a good idea to consider whether savings in taxes or rent will outweigh the cost of appraisal and legal fees before starting a trial. By challenging the cadastral value now, you are guaranteed to receive two additional years of savings, which may well pay off all the costs.
Important:
Owners of land plots, after contesting the cadastral value, can return the overpaid land tax for the last 3 years.
Lessees of public land can recalculate the rent from January 1 of the year in which they applied for a cadastral value dispute. In order to be able to return part of the payments for 2020, tenants must collect the necessary package of documents by December 31, 2020 and apply to the Commission or court to challenge the cadastral value.
Any questions?
Until 12/31/2022, we give free oral consultations on all issues described in this publication! Contact via any convenient communication channel:
