Court review of the real estate appraisal report when challenging the results of determining cadastral value

When examining an appraisal report on real estate, the court checks its compliance with legislation governing appraisal activities, including federal appraisal standards (Articles 1 and 20 of the Law on Appraisal Activities).

In this regard, the court must determine whether the person who prepared the market value report meets the requirements of appraisal activity legislation applicable to appraisers. In particular, according to the provisions of the first paragraph of Article 4, Article 15, the fourth paragraph of Article 15.1, and Article 24.7 of the Law on Appraisal Activities, the absence in the report of information regarding the compulsory insurance of the appraiser's civil liability and failure to present other evidence confirming such circumstances indicate that this person is not a subject of appraisal activities, and the report prepared by them cannot be regarded as admissible evidence (Article 61 of the Russian Federation Code of Civil Procedure (RF CCP)).

In cases where doubts arise regarding the validity of the appraisal report and the reliability of the determination of market value, the court, in accordance with Article 62 of the RF CCP, presents these circumstances for discussion, even if the parties did not refer to them.