Cadastral value in 2017: the situation is being clarified

In July 2016, two regulations were adopted that completely change the regulation in the field of cadastral valuation - the Federal Law "On State Cadastral Valuation" and the 360-FZ adopted in addition to it. The latter provides for a moratorium on new cadastral valuations until the creation of a special budgetary institution in the region, as well as a "rollback" of the cadastral value & nbsp; to the figures for 2014. Not the most successful wording of the 19th article of the 360th law gave rise to a number of questions, including:

• When and by whom will information on the cadastral value as of 01.01.14 be entered into the State Property Committee (EGRN)?
• Will 360-FZ apply only to taxes, or also to rent and other payments?
• If the information is entered incorrectly, what will be the procedure for correcting errors?
• Will 360-FZ apply only in 2017, 2018 and 2019, or will it extend its validity to 2020 as well?
• How exactly will the rule on the application of the lowest cadastral value work? What will happen to the cadastral value set at the market value?

To find answers to these questions jointly tried KA "Yurproekt", a group of publications "Avant" and the commissioner for the protection of the rights of entrepreneurs of the Kemerovo region. November 9, 2016  they held a conference "Cadastral valuation: cardinal changes". The main newsmaker of the evening was the director of the Kuzbass branch of the Cadastral Chamber, Alexander Yuryevich Zankin.

So, today the following is clear

1. The Cadastral Chamber has already recalculated the cadastral value as of January 1, 2014 for industrial land and settlements (these categories are subject to 360-FZ in the Kemerovo region). The new old CU will be entered into the USRN at the beginning of 2017.
2. 360-FZ will apply both to all types of taxes (including personal income tax), and to other payments calculated from the cadastral value (rent, redemption price, fines under the Code of Administrative Offenses of the Russian Federation, etc.).
3. If the cadastral value has not been disputed, then the lowest of the values ​​established during the cadastral valuations will be applied (of course, taking into account the current area and type of permitted use of the site).
4. If the cadastral value was disputed (set at the market value), then the disputed value will be applied.

5. If the cadastral value has been disputed more than once, then the last one disputed will be applied.

   Example: The old CS of the site was disputed by the owner of the site in 2015. Since 2016, a new cadastral valuation has been in effect in Kuzbass, which also did not suit the owner and was challenged by him. In such a situation, in 2016-2019 the cost established by the decision of the court or the commission in 2016 will be applied, even if it is higher than the cost established by the court in 2015.

   This point caused the most controversy among the participants in the discussion: some land users who challenged the cadastral value in 2016 will now be in a worse position compared to land users who did nothing in 2016.

6. The commission for challenging the Constitutional Court under Rosreestr will continue its work and will consider, among other things, all appeals to challenge the cadastral value of industrial land and land of settlements.

   As many remember, in 2015 the Commission did not consider applications for lands of settlements, because. The assessment in force at that time entered into force in 2009, that is, more than 5 years ago, moreover, at a time when the Federal Law “On Appraisal Activities” did not provide for the possibility of challenging the Constitutional Court in the Commission. However, in 2017, the Commission will not refuse to consider applications, even if on January 1, 2017, a cost determined in the course of the “old” cadastral valuation is paid in respect of a specific site.

7. The new Commission, which will be created in accordance with the norms of the Federal Law "On cadastral valuation" under the KUGI KO, will only challenge the valuations carried out by a budgetary institution under the new law.

   During a certain period, two commissions will operate simultaneously - one under Rosreestr to challenge the "old" estimates, and the second - under the KUGI KO to challenge the "new" estimates.

8. Norms 360-FZ apply only to 2017, 2018 and 2019 and do not affect 2020.
9. If the landowner considers that the cadastral value in 2017 was set incorrectly, then he will be able to defend his position in court in order to challenge the cadastral value.

   Of course, the abstracts of the conference are not official clarifications of the authorized bodies, however, in a situation of complete information vacuum, they bring at least some clarity and allow landowners, firstly, to plan the costs of land payments for the next three years, and, secondly,make more informed decisions on the advisability of contesting the cadastral value by the end of 2016.

Persons

Dmitriy Alexandrovich Malinin

Daria Vladimirovna Tretyakova

Author

Dmitriy Alexandrovich Malinin

Chairman of the Bar Association "Jurproekt"