Date of determination of the cadastral value of real estate
It is necessary to take into account that objects of assessment when determining cadastral value are real estate properties, information about which is contained in the state real estate cadastre.
When conducting a state cadastral evaluation, the date of determining the cadastral value is the date as of which the list of real estate objects subject to state cadastral evaluation (hereinafter - List), information about which is contained in the state real estate cadastre ([paragraph](/enc/28881/ "Definition of the term 'Paragraph' in the legal
In the event of determining the cadastral value of a real estate object recorded in the state cadastre of real estate as of the date of the state cadastral valuation, but not included in [List](/enc/3420/ "Definition of the term 'List' in the legal encyclopedia), the date of determination of the cadastral value is the date of formation of the List (paragraph 1 of Article 24.13 and paragraph 1 of Article 24.17 of the Law on Valuation Activities).
The date of determining the cadastre value of real estate objects referred to in Article 24.19 of the Law on Valuation Activities is 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 information regarding the formation of a new or discovery of an previously unaccounted real estate object, or the date of entry of information on changes in qualitative and (or) quantitative characteristics of the real estate object that have caused a change in cadastre value.
According to the wording of the first paragraph of Article 24.17 of the Law on Appraisal Activities, the date of approval of specific indicators used in determining the cadastral value of individual objects referred to in Article 24.19 of this law is not considered the date of determination of the cadastral value of such objects.
If a change in qualitative and/or quantitative characteristics did not result in a change in the cadastral value of a real estate object, the date of determination of the cadastral value of this object remains unchanged.
When challenging the results of determining the cadastral value of a real estate object, the market value should be established as of the date on which its cadastral value was determined (fourth paragraph of Article 24.18 of the Law on Appraisal Activities).
As follows from the Ruling of the Supreme Court of the Russian Federation dated 04.02.2015 № 75-АПГ14-6 [/enc/32702/ "Definition of the term 'Court' in the legal encyclopedia"], the parties, when coordinating issues to be resolved during the expert examination, indicated different dates for determining the market value of the real estate object. In the appellate complaint [/enc/31788/ "Definition of the term 'Parties' in the legal encyclopedia"], the representative [/enc/31770/ "Definition of the term 'Representative' in the legal encyclopedia"] of the State Committee [/enc/32588/ "Definition of the term 'PO' in the legal encyclopedia"] for management of state property and procurement for
The party representing state interests requests to determine the market value of the land parcel as of the date of the state cadastral valuation of urban lands (January 1, 2010). In the objection to the appeal, it is noted that the assessment of the market value of the land parcel should be conducted on the date of determination of its cadastral value specified in the certificate of cadastral value of the land parcel (July 2, 2013).
The Judicial Panel considers that the expert should be asked to determine the market value of the land plot as of 2 July 2013. In support of this conclusion, the Judicial Panel referred to Article 24.19 of the Law on Appraisal Activities, which states that "when conducting state cadastral registration of previously unregistered real estate objects, inclusion into state real estate cadastre information about a previously registered real estate object or entry into [state real estate cadastre](/enc/27461/
"Definition of the term 'State Cadastre of Real Estate' in the legal encyclopedia") relevant information when changes in qualitative and (or) quantitative characteristics of real estate objects result in a change in their cadastral value, organ, performing functions related to state cadastral valuation, determines the cadastral value of real estate objects in accordance with procedures established by the authorized federal body responsible for the normative legal regulation of appraisal activities.
The date of determination of the cadastral value of a real estate object in cases provided for by this article is the date of entry of information about it into the [state cadastre of real estate](/enc/27461/ "Definition of the term 'State Cadastre of Real Estate' in the legal encyclopedia), which necessitates the determination of the cadastral value in accordance with this article.