Terms for considering and resolving administrative cases concerning the contestation of the results of determining the cadastral value of real estate
According to the first paragraph of Article 24.12 of the Law on Appraisal Activities state cadastral assessment is conducted by decision of an executive body of state authority of a Russian Federation subject or in cases established by legislation of a Russian Federation subject, by decision of a local self-government body no more frequently than once every three years (in cities of federal significance no more frequently than once every
(two years) and no less frequently than once every five years from the date, as of which the state cadastral valuation was conducted state cadastral valuation.
Due to the legally established periodicity of state cadastral valuation application for reconsideration of cadastral value may be submitted to court no later than five years from the date of entry into state cadastre of real estate of disputed results of cadastral value determination in the case where at the time of submitting to court
The State Cadastre of Real Estate has not been updated with the latest results of determining the cadastral value or information, related to changes in qualitative or quantitative characteristics of the real estate object, which have caused a change in its cadastral value (part 3 of Article 245 of the Russian Code of Administrative Procedure (RF)).
The failure to meet the specified deadline is not a basis for refusing to accept the application. If in accordance with the established period, the subsequent results of determining the cadastral value have not been entered into the State Cadastre of Real Estate, the deadline for filing an application with the court to request reconsideration of the cadastral value may be restored.
Since issues related to compliance with the time limit for filing a claim with the court pertain to the essence of the case, reasons for missing the deadline are determined in court proceedings, and conclusions regarding its restoration or refusal to restore it under part 5 of Article 180 of the Code of Administrative Procedure of the Russian Federation must be included in the court's decision. Decisions and actions (inaction) of the Commission may be challenged within the time limit established by part 1 of Article 219 of the Code of Administrative Procedure of the Russian Federation.