Challenging the results of determining the cadastral value of real estate in the Commission under Rosreestr
General provisions on challenging the results of determining cadastral value in the commission at Rosreestr are established by the Law on Valuation Activities (Articles 24.18 and 24.20). In addition, currently time in effect is the procedure approved by the order of the Ministry of Economic Development of Russia for establishing and operating the commission for considering disputes regarding the results of determining cadastral value (hereinafter – Procedure for Establishing and Operating the Commission)[^1].
Commission PO for consideration of disputes regarding the results of determining cadastral value is established at the territorial office of Rosreestr in the corresponding subject of the Russian Federation. In each subject of the Russian Federation, one permanent Commission is established.
In the event that the market value of the real estate object differs from its cadastre value by more than thirty percent, the commission takes a decision to reject the application for revising the cadastre value, except in cases where the applicant submits a positive expert conclusion (if the appraisal report on market value
composed by appraisers who are members of different self-regulating organizations of appraisers (positive expert conclusions from the respective self-regulating organizations of appraisers), meeting the requirements established by the legislation of the Russian Federation, and the content and formatting of the report on the assessment of the market value of real estate comply with the requirements of Article 11 of the Law on Appraisal Activities, the requirements for the content of the appraisal report, for the description in the appraisal report of information used in conducting the appraisal, established by federal appraisal standards[^2] (paragraph 20 of the Procedure for Establishing and Operating a Commission).
According to Article 11 of the Law on Appraisal Activities, the final document prepared by the results of determining the value of the appraisal object regardless of the type of determined value is the appraisal report of the appraisal object (hereinafter referred to as a report).
The report is prepared on paper medium and (or) in the form of an electronic document in accordance with the requirements of federal evaluation standards, normative legal acts of the authorized federal body performing functions by normative-legal regulation of evaluation activities.
The report must not allow ambiguous interpretation or be misleading. The report must necessarily include the date of the assessment of the object, the used standards of assessment, objectives and purposes of conducting the assessment of the object, as well as other information necessary for a complete and unambiguous interpretation of the results of the assessment
the object of evaluation reflected in the report.
In the report, the following must be specified: the date of preparation and the sequential number of the report; the basis for the appraiser conducting the appraisal of the asset being appraised; information about the appraiser or appraisers who conducted the appraisal, including surname, name and (if applicable) patronymic, location of the appraiser and information regarding the appraiser's membership in a self-regulatory organization of appraisers; the purpose of the appraisal; an accurate description of the asset being appraised, and with regard to the asset belonging to a legal entity - the details of the legal [entity](/enc/31941/ "Definition of the term 'Entity' in
from the "legal encyclopedia" and book value of this asset being appraised; valuation standards for determining the value of the asset being appraised, justification for their use during the appraisal of this asset, list of data used during the appraisal of the asset with indication of sources from which they were obtained, assumptions accepted during the appraisal of the asset; sequence of determining the value of the object.
estimates and its final magnitude, limitations and scope of application of the obtained result; date of determining the value of the appraisal object; list of documents used by the appraiser and establishing quantitative and qualitative characteristics of the appraisal object.
The report may also include other [information](/enc/32153/ "Definition of the term 'Information' in the legal encyclopedia), which the appraiser considers essential for the completeness of reflecting the method used to calculate the cost of a specific appraisal object.
Special forms of reports may be provided by Russian Federation legislation for conducting the valuation of certain types of appraisal objects.
The report must be numbered page by page, stapled (except in cases where the report is prepared in the form of an electronic document), signed by the appraiser or appraisers who conducted the appraisal, and sealed with the personal seal of the appraiser or appraisers or the seal of the legal entity person, with whom the appraiser or appraisers concluded an employment contract.
A report composed in the form of an electronic document must be signed with an enhanced qualified electronic signature in accordance with the legislation of the Russian Federation. In cases provided for by this Federal Law, as well as by normative legal acts of the authorized federal body performing functions related to the normative legal regulation of appraisal activities, the report shall be published in accordance with procedures established by the authorized federal body performing functions related to the normative legal regulation of appraisal activities.