The cadastral value was overestimated again - what should land owners do?

The most up-to-date information on cadastral valuation and changes in legislation

In the summer of 2020, two events occurred at once that will affect many landowners in Kuzbass:

1. A draft report on the state caste assessment of lands of settlements and agricultural lands was prepared and published.
2. On July 31, Federal Law No. 269-FZ was adopted, which amends the law on cadastral valuation and significantly changes the procedure for contesting cadastral value.

How is the new cadastral valuation of land in Kuzbass coming into effect and when?

For the first time in the Kemerovo region, the cadastral valuation took place according to the new rules established by the Federal Law of July 3, 2016 No. 237-FZ “On State Cadastral Valuation”. The main feature of this law is that the assessment is carried out not by independent appraisal companies that won the tender, but by a specially created budgetary institution in Kuzbass - the Center for State  cadastral  ratings  and  technical  inventory of the Kemerovo region (GBU of the Kemerovo region "GKO and TI Center", former State Enterprise KO "TsTI").

From mid-June to early August, on the website of the budgetary institution, it was possible to get acquainted with the draft report and submit comments on it. Now (as of 08/19/20) new comments are no longer accepted, and the budgetary institution has prepared the final version of the report - it is available for download by reference.

By September 15, the report must be submitted to the Committee for State Property Management of Kuzbass, approved by the Committee and published by November 30, 2020.

The new cadastral value will be applied for calculating land tax, rent and other payments from January 1, 2021:

• From this moment, you can apply for a challenge to such a value.
• Until December 31, 2020, the cadastral value determined during the mass (cadastral) valuation of 2015 or calculated by Rosreestr in the period from 2016 to 2020 will be applied. Even you have filed an application to challenge the cadastral value in force in 2020 to the commission / court and  the decision of the Commission / court to challenge it was taken in 2021, the disputed cadastral value is applied only until 12/31/2020.

However, in order not to run into unexpected problems next year, it is worth preparing for the challenge in advance - more on this below.

What will change in contesting the cadastral value of real estate in 2021?

In 2021, we can expect two scenarios. The matter is that the mentioned July law on amendments to the law on cadastral valuation really provides for a completely new procedure for contesting the cadastral value. However, the new rules will not take effect all over the country at the same time - each region will decide for itself from what year the new order will start to work. The Kuzbass authorities have not yet made such a decision.

Option 1. What will change if the Kemerovo region decides to switch to contesting under the new rules (changes to the law on cadastral valuation of July 2020):

1. The application will need to be submitted to the budgetary institution itself that conducted the assessment (GBU of the Kemerovo region "Center for GKO and TI").
2. The new rules do not provide that it is possible to apply for the establishment of the cadastral value in the amount of the market value directly to the court. Law No. 269-FZ refers only to the possibility to appeal to the court the decision of a budgetary institution.
3. The rules for the package of documents are changing: you only need to attach a report in paper and electronic form, but the report itself must include an extract on the rights to the site. The report must be prepared for the current date - the assessment date at the time of application must not be "older" than 6 months.

Option 2. If by the end of 2020 Kuzbass does not switch to the procedure for contesting the cadastral value based on the July changes, then the procedure that should have been applied from January 1, 2021 will be applied:

1. The owner of the site can first apply to the Commission under the Committee for State Property Management of Kuzbass (yes, before the changes from July 2020, the law on cadastral valuation provided for the creation of Commissions precisely under the body that approved the cadastral valuation, and not under Rosreestr, like now in 2020),
2. If the decision is negative, file an administrative claim with the Kemerovo Regional Court. You can immediately directly file an administrative claim with the Kemerovo Regional Court, bypassing the Commission (both individuals and legal entities have such a right under the law on cadastral valuation).
3. You can challenge the cadastral value during the entire time it is entered in the USRN (that is, until the results of a new assessment are entered into the USRN), and in some cases you can also challenge the archival cadastral value.
4. Pack tons of documents to challenge the cadastral value:

• A report on the assessment of the market value of the land plot as of the date on which the cadastral value was determined. As a general rule for a new cad. estimates, this date will be January 1, 2020, but there are exceptions - check this point before ordering a report! Important: the report must be both in paper form with signatures and seals, and in the form of an electronic document with digital signature
• Extract from the USRN on the cadastral value of the land plot (can be ordered at the MFC or on the Rosreestr website for free).
• An extract from the USRN on the rights to the land plot (can be ordered at the MFC or on the Rosreestr website for a fee) or another document confirming your rights to the land (for example, a lease agreement).
• If a representative applies on behalf of the property owner, he needs a power of attorney. At the same time, any person has the right to represent interests in the Commission, and only a lawyer or at least a person with a higher legal education can do this in court (a copy of the diploma will have to be attached to the administrative claim).
• Applying to the Commission is free (you pay only for the services of an appraiser and a lawyer), but you need to pay a small fee to the court (300 rubles for individuals, 2000 rubles for organizations).

Pay attention!

According to the current rules, assessment reports must be prepared as of January 1, 2020. And if new rules come into effect from 2021, reports with the current date will be required. Therefore, reports on the assessment of the market value of the site, necessary to challenge its cadastral value, must be prepared only after January 1, 2020.

What to do right now in 2020:

1. Order a free preliminary calculation of the amount of payments (land tax / rent / redemption price) in 2021 and subsequent years for a land plot and the amount of savings from a decrease in the cadastral value - from us (the service is available following the link) or in another legal / appraisal company specializing in reducing mandatory payments for land and real estate;
2. If, according to a preliminary calculation, the amount of payments from 2021 turns out to be significant even after challenging the cadastral value, then we recommend that preparatory measures be taken in 2020:
   • Reduce the area to the size necessary for the operation of the property: prepare a land survey plan for the division of the land plot, approve it with the authority that manages the land (for leased plots), put the formed plots on the cadastral register and abandon the unnecessary. To do this, you can contact the cadastral engineer and then independently apply to the authorities or entrust the complex implementation of this procedure to a law firm (for example, KA "Yurproekt"), including interaction with the cadastral engineer and the authorities.
   • Correct the cadastral error in the form of the permitted use of the site or change the type of permitted use to “more profitable”, which at the same time corresponds to the fact (for example, if, according to Rosreestr, the land plot has an administrative and business purpose, but in fact there are warehouses in the building , then it is advisable to change the permitted use of the site to warehouses). This will lead to a decrease in the cadastral and market value. Assistance in this matter is also provided by law firms (for example, KA "Yurproekt").
3. If the rights to the plot are not registered (there is neither a lease agreement nor ownership rights), then it must be borne in mind that in order to challenge the cadastral value, they must be issued:
   • Put the plot on the cadastral register (if it is not registered): prepare a diagram of the location of the boundaries of the land plot and, after the approval of the diagram by the authority that manages the land in your locality, prepare a land survey plan. To do this, you can apply for a diagram and plan, you can contact a cadastral engineer or a law firm (for example, KA “Yurproekt”) - for comprehensive support of the work.
   • If there is information that the site was previously provided to the previous owners of the building / structure, then it makes sense to look for documents on the provision - contact the archives of the authorities. Often this makes it possible to prove the right to a preferential rent rate. You can do this yourself or contact a law firm (for example, Yurproekt).

Still have questions?

Until the end of 2020, we give free oral consultations on all issues described in this publication! Contact via any convenient communication channel:

• multichannel  phone +7 (3842) 49-08-48
• email info@jurproject.ru
• contact form on our website

Author

Daria Vladimirovna Tretyakova

Head of representative office in Moscow