Change of cadastral value
The new cadastral value of the
land lots in Perm Krai has come into effect from January 1, 2013. This value is
used as a basis for calculation of the land tax and plays a pivotal role in
determination of lease rates, amounts of guarantees and initial value for real
estate sale and purchase agreements.
Can we challenge the cadastral value after expiration of the 6-month period
provided by the law? Whom and how to implead? What are the legal precedents?
It was very difficult to challenge the cadastral value in court for many years.
Decisions on the cases of such category were usually made not in favor of
taxpayers. Adoption by the Presidium of the
Russian Supreme Arbitration Court of Decree No.913/11 on July 28, 2011 (hereinafter
referred to as Decree 913) drastically changed the existing court practice and broke
new ground for the land users.
Decree 913 allows challenging of the cadastral value at any time. Those landholders who were not aware of
possibility to change the cadastral value without legal proceedings or just had
no time to submit the application to the commission may change the cadastral
value of their land lots through filing the claim in arbitration court.
In order to do that, firstly, it is necessary to request an appraisal firm to
prepare the report on market value of land lot. Moreover, it is advisable to submit
to court a positive expert opinion made by a self-regulating organization of
appraisers (SROA). Therefore, the appraiser prepared the report must be a
member of SROA.
Secondly, the request for arbitration together with the report on appraisal,
the set of documents pertaining to land lot and the receipts confirming payment
of state duties shall be prepared. The request shall include the following wording
«to determine the cadastral value of the land lot in amount equal to its market
value». Defendant in such cases will be the Perm Regional Office of the Federal
Service for State Registration, Cadastral Records and Cartography (Rosreestr).
If the court determines the cadastral value of land lot in amount equal to its
market value, Posreestr shall register this new cadastral value in the State
Real Estate Cadaster as of the effective date of court decision.
Savings resulted from reduction of such payments will allow the companies to increase
the payroll budgets, pay dividends, attract investments and expand production. Reduction
of tax burden to economically justified level will allow the taxpayers to
improve their economic efficiency and competitive advantages.
Who may challenge the cadastral value?
Owners of land lots.
Land users (persons/entities owning and using lad lots on the right of perpetual
use or on the right of fixed-term use without consideration).
Landholders (persons/entities owning and using land lots on the right of
lifelong inheritable possession).
Land lot lessees and sub-lessees.
Persons/entities having the right of limited use of land lots owned by
If the cadastral value of land lot is inconsistent
with its market value, this result in:
overvaluation of land taxes ;
overvaluation of lease fees;
overvaluation of price of the land lots purchased from
the state and many other financial
Representation of customer interests in the governmental and municipal authorities.
Expert review of the appraisal reports in SROA.
Appraisal of land lots and preparation of the appraisal reports.
Calculation of expected economic benefit from such services.
Analys of prospects for challenging cadastral value.
Consulting on the issues regarding determination or change of cadastral value.