Deadline for submitting an administrative lawsuit application to challenge the results of determining the cadastral value of real estate
According to paragraph 1 of Article 24.12 of the Law on Appraisal Activities state cadastral valuation is conducted pursuant to the decision of an executive body of state authority of a subject of the Russian Federation or in cases established by the legislation of a subject of the Russian Federation, pursuant to the 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 on which the state cadastral valuation was conducted.
Due to the legally established periodicity of conducting state cadastral valuation Application for reconsideration of cadastral value may be submitted to the [Court](/enc/31724/ "Definition of the term 'Court' in the legal encyclopedia) no later than five years from the date of entry into the [State Cadastre of Real Estate](/enc/27461/ "Definition of the term 'State Cadastre of Real Estate' in the legal encyclopedia) of the disputed results of cadastral value determination in the case where at the time of filing with the Court
state real estate cadastre have not been entered the latest results of determining the cadastral value or information, related to changes in qualitative or quantitative characteristics of the real estate object, which caused a change in its cadastral value (part 3 Article 245 of the Russian Code of Administrative Procedure).
The failure to observe the specified period is not a basis for refusing to accept the application. If after the expiration of the period established by law, 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 review the cadastral value may be restored.
Since issues regarding compliance with the deadline for filing a claim to court pertain to the essence of the case, the reasons for missing the deadline are examined during the court hearing, and conclusions regarding its restoration or refusal to restore it under paragraph 5 of Article 180 of the Code of Administrative Procedure (RF) must be included in the court decision. Decisions and actions (inaction) of the Commission may be challenged within the period established by paragraph 1 of Article 219 of the Code of Administrative Procedure (RF).