Procedure for Considering Applications to Challenge the Cadastral Value of Real Estate in the Commission under Rosreestr
According to Article 24.18 of the Law on Valuation Activities, the application for reconsideration of cadastral value is considered by the commission within one month from the date of its receipt. Within a seven-day period from the date of receipt of the application for reconsideration of cadastral value, the commission shall send a notice to the local self-government body in whose territory the real estate object is located, and to the person having the right to such real estate object, regarding the receipt of this application and its acceptance for consideration with indication of the date of its consideration, as well as the results of the determination of cadastral value that are being contested.
To obtain information necessary for the commission's work, the chairman of the commission is entitled to submit a request to the executor of works on determining cadastral value, whose results are being contested, and/or to appraisers who prepared the report containing the results of the determination of cadastral value that are being contested, and/or to appraisers who prepared the report on determining the market value of the real estate object, the cadastral value of which is being contested, in accordance with the procedures for establishing and operating the commission.
If the basis for submitting an application for reconsideration of cadastral value was the inaccuracy of information about the real estate object used in determining its cadastral value, after considering this application, the commission may adopt one of the following decisions:
- to reject the application for reconsideration of cadastral value if accurate information about the real estate object was used in determining the cadastral value;
- to reconsider the results of the determination of cadastral value if inaccurate information about the real estate object was used in determining its cadastral value.
In the event that the application for reconsideration of cadastral value is submitted on the basis of establishing the market value of the real estate object in the report, the commission adopts a decision to determine the cadastral value of the real estate object at the level of its market value or rejects the application for reconsideration of cadastral value in cases provided by the procedures for establishing and operating the commission.
The meeting of the commission is valid if at least half of its members are present. The voting procedure of the commission is established by the procedures for establishing and operating the commission.
Within five working days from the date of adoption of a decision following consideration of the application for reconsideration of cadastral value, the commission shall notify the person having the right to the real estate object, the cadastral value of which is being contested, as well as the local self-government body in whose territory the real estate object is located.
Decisions of the commission may be contested in court.
In the event that the commission adopts a decision to reconsider the results of the determination of cadastral value, within five working days from the date of adoption of such decision, the commission shall send a copy of this decision to the body responsible for state cadastral valuation (Rosreestr Office in the subject of the Russian Federation) and to the cadastral registration body (branch of the Federal State Budgetary Institution "Federal Cadastre Service" of Rosreestr in the subject of the Russian Federation). In the event that the commission adopts a decision to reconsider the results of the determination of cadastral value on the basis of determining the market value of the real estate object, within five working days from the date of adoption of such decision, the commission shall also send:
- the report on the assessment of the market value of the real estate object, prepared in the form of an electronic document and based on which the cadastral value is being contested, as well as (if available) the corresponding positive expert opinion prepared in the form of an electronic document, to the body responsible for state cadastral valuation (Rosreestr Office in the subject of the Russian Federation);
- information on the cadastral value to the cadastral registration body (branch of the Federal State Budgetary Institution "Federal Cadastre Service" of Rosreestr in the subject of the Russian Federation).