2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
A land plot is a surface that is characterized by a fixed area, boundaries, legal status, location and other features reflected in the documentation that serves as a registrar of land rights, as well as in the State Land Cadastre. Here we can talk about the lands of settlements, agricultural plots, lands for energy and industrial purposes, specially protected areas that belong to water, forest funds, and others. In addition, this includes lands belonging to the reserve, that is, not provided to municipal authorities, legal entities and ordinary citizens as property, as well as those withdrawn from state economic circulation through conservation.
Earth representsresource with which human activity is connected in different directions. Today, it quite often acts as an object of commodity-money relations, for which the cadastral value serves. The land plot in this regard has a status that changes quite often, so you have to constantly determine the real price of objects at a certain point in time.
Order of definition
As with other procedures, there is a certain order in this case. To determine the cadastral value of a land plot, you need to use the help of the Rules for the State Assessment. Everything happens in the following order.
The territorial subject of the Russian Federation approves a decision on how citizens can find out the cadastral value of a land plot.
The Territorial Department of Rosreestr is preparing a list of land plots that are subject to cadastral valuation. According to the current legislation, all sites that are part of the territories of settlements are divided into 17 types of permitted use. Each settlement is characterized by the fact that the territories in it are divided into units of the administrative-territorial plan, each of which includes the corresponding cadastral quarter. The list of land plots also contains information about the characteristics of each of them: area, location, availability, purpose and nature of buildings.
Rosreestr uses an appraisal organization that calculatesspecific parameter of the cadastral value for individual quarters and types of permitted use. The procedure for calculating this indicator requires the use of the average market value or standard price per square meter of a territorial area in a certain quarter for a specific type of permitted use.
After that, the cadastral value is registered in the normative act. The land plot receives the corresponding status in the system of cadastral registration of the management of territorial units.
Calculation features
You can find out the cadastral value of a land plot based on the specific parameter of the price per square meter. This value must be multiplied by the area of the entire plot to get the final value. For each cadastral quarter, the amount of the specific indicator may well differ, while the type of permitted use also matters, this parameter also affects the approval of the cadastral value of the land plot. In this case, accounting is carried out according to the largest specific indicator of all possible types of permitted use for the prescribed territorial unit.
Special occasions
In order to somehow streamline statistical analysis, as well as as a guideline for territorial entities, it is customary to set average values of specific indicators for each category of land and by type of functional use for municipal districts or districts. Minimum parameters can be set in a similar form.specific indicators for lands with industrial and other special purposes, below which they do not have the right to establish it. They are determined on the basis of the methodology for calculating the weighted average indicators for individual districts and land categories.
How is the cadastral value determined?
A land plot that has been appraised must be included in special documentation. You can get this information at the territorial offices of Rosreestr. The request must contain the cadastral number of the plot. It is formed on the basis of the number of the cadastral district, region, quarter, and at the end contains an indication of a specific site. You can find out the number in the Rosreest authorities, on its website, as well as in documents, in particular, a sale and purchase agreement, a certificate of ownership, a cadastral passport of a land plot, and others. A correctly executed request is the basis for specialists to provide all available information about it, including payment calculations.
Additional features
Estimation of the cadastral value of the land plot will certainly be included in the specified documents. You can recognize it without leaving your home, for this there is an interactive cadastral map posted on the official website of Rosreestr, for this, the cadastral number is entered in the appropriate field. If for some reason the requested information is not available on the portal, then you can find the decision of a certain municipal authority on registrationresults of the state-involved cadastral valuation. It requires finding the cadastral value per square meter of land in the area in which the site is located, multiplying it with the area of the territory, which as a result will give an approximate value.
Change in value
Changing the cadastral value of a land plot is permissible only in a few cases:
- if there has been an objective change in the main characteristics of the territory: the boundaries and area have changed, there have been changes in the permitted use of the site, it has been transferred to some other category;
- if errors were found in the documentation that could lead to an overestimation of the cadastral value.
The first case assumes that an application is made in the territorial body of Rosreestr and a package of documents is submitted (a copy of the document certifying ownership, a copy of the document on resolving a land dispute, a boundary plan, and others).
Reducing the cadastral value of a land plot can be challenged in court or administratively. If it is overstated, then the amount of tax that will be paid by the owner or the rent paid by the tenant, the cost of buying out the state site and other expenses will also be overestimated. That is why a reduction in the cadastral value of a land plot can provide significant savings for those who own it or simply use it.
When is overcharging?
The specific indicator of the cadastral value may be overestimated for a particular type of permitted use, or there is a fact of incorrect determination of the type of permitted use. This happens due to a cadastral or technical error, when the document contains an incorrect indication of the specific indicator of the cadastral value, which does not correspond to the actual one. For example, if for a land plot, instead of the type of permitted use “for placement of administrative and industrial buildings”, an indicator for “office placement” is prescribed, then the value of the specific indicator will almost triple the real one. In the case of building up a site and locating a building or other structure on it, its purpose can be determined from the entry in the technical passport that accompanies a particular property. Correction of the error is possible if an application is submitted to the territorial body for registering the cadastral value. If a refusal to correct the error is received, then it is possible to go to court.
The market value of the object is less than the cadastral value
This case assumes that the base document will be the Resolution of the Supreme Arbitration Court of the Russian Federation, according to which the cadastral value of the territory will be equal to its value on the market from the moment the latter was calculated. To determine the market value of the site, you need to contact an appraiser working independently. His report will become the basis for establishing the actual cadastral value of the land plot in court. Taxin this case will be charged in accordance with the changes made. The owner or tenant of the land should be aware of such features.
New rules
If a reduction in the cadastral value of a land plot, which was determined after July 22, 2010, is required, then it can be challenged without going to court. To do this, you need to contact the commission of the appropriate profile within six months from the moment the information was entered into the state real estate cadastre. There are only two cases for the recalculation of the cadastral value:
- if it is proved that the cadastral valuation was carried out on the basis of information that is not reliable;
- if you have the conclusion of an appraiser working independently, which contains the determination of the value of the land on the market.
It takes one calendar month to consider an application by a specialized commission.
Professional approach
So, you already understand how important a correctly determined cadastral value is. The land plot should be assessed only by experienced and skilled professionals, from whose eyes even the smallest detail cannot escape. That is why the help of professional appraisers who know their business well is most often required. So, a decrease in the cadastral value of a land plot or its increase (depending on the initial indicator) should be carried out by appraisers. To do this, they will need to submit somedocuments.
Required documentation
- Title documents for a piece of land.
- Plot boundary information.
- Category of the territorial area.
- Information on the availability and condition of utilities.
The entire package of documents is transferred to specialists, after which they begin work, as a result of which the cadastral value is determined. As a result, the land plot receives the corresponding status.
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