How to reduce the cadastral value of a land plot on your own? What determines the cadastral value

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The legislation of the Russian Federation notes that today absolutely all land plots (form of ownership and intended use do not matter) are subject to state registration with the subsequent entry of all data about them in the cadastre.

Since today the property duty on real estate is directly related to its price indicated in the cadastre, many are concerned about the question of how to reduce the cadastral value of a land plot on their own. To get a detailed answer, you should first understand the principles of calculating such a cost from the state.

Reason for price increase

The cost of buying out a land plot from the cadastral value, by definition, should not differ markedly.

In practice, these indicators can be completely different, since the cadastral value is determined not only by market indicators and the price of similarobjects, and by:

• geographic location of the site;
• market features;
• attractiveness for investors;
• infrastructure features;
• future prospects and so on.

To get a complete list of what the cadastral value depends on, you need to purchase a methodological publication with calculation rules. Of course, in reality, the main influence on the value of real estate is the market price of the property at a given point in time.

It happens that the overpricing in registries is provoked by the usual human factor, when employees simply accidentally mixed up the data of several owners. This can be eliminated by comparing the available indicators with the data of the unit cadastral value.

Unit price

Specific indicators of the cadastral value of land plots are average indicators of the cadastral value. They are calculated taking into account many characteristics of land and using different formulas.

This affects pricing:

• nearby infrastructure;
• purpose of land;
• site category;
• accessibility and more.

Formulas for calculating and combining all the necessary indicators are selected taking into account the presence of an encumbrance of possession or, conversely, the beginning of its use. So, plots, the benefits of which are already extracted at a minimum, receive value from the state on the basis of a reduction factor in the calculations. How to calculate the cadastral value of a land plot onlyput into operation? For this, a formula is used with the multiplication of the average indicators of similar holdings by the area of the entire territory.

Options with the possibility of reducing the cost

As a rule, the question of reducing the cadastral value first of all arises from entrepreneurs and other owners who use the land for profit. This is due to the fact that not all businessmen are able to pay an overestimated tax.

Before reducing the cadastral value of a land plot on your own, you need to determine whether it can be done at all.

The state provides for special provisions in this regard, and you can reduce the price of land holdings in the following situations:

• if relief changes have appeared on the territory of the land;
• if the fertile layer of the earth has deteriorated;
• in the case when an easement was issued to the site free of charge.

Such conditions sharply worsen the usefulness of land, so their presence will significantly affect the value of the site, but such reasons are not the only effective ones. The low cadastral value of a land plot may be due to the transfer of land into the ownership of many owners or as a result of natural disasters on its territory. The price is also affected by the purpose of the land, or rather, their changes, and the loss of useful properties.

Of course, before challenging the cadastral value of a land plot onbased on these indicators, irrefutable evidence should be collected in the form of various documents, written opinions of experts, extracts from registers, and so on.

In addition to such unscheduled changes, the revision of the cadastral value of land plots must be carried out regularly and without special reasons. The state allocates terms for this to the owners from three to five years.

Calculation of land duty

The classifier of types of permitted use of land includes 13 directions. The tax from each of them is levied in favor of local governing bodies, so all money is sent strictly to the budget of the city or district. The amount of the fee is determined as a percentage of the cadastral value and is 0.3% annually. The landlord always pays for the land, not the tenant. Most often, the classifier of types of permitted use of land plots defines land for agricultural land: for gardening or horticulture.

Determining present value

In order to find out the current cost of the site, you must request a certificate from the local cadastre department. Such an extract is provided in writing after providing the cadastral number of the land holding and a written application. You can get data even easier by looking at the cadastral passport via the Internet. The unit price is indicated in the 13th line, and the cadastral price - in the 12th. There is also informationabout the date of the last revaluation.

Before challenging the cadastral value of a land plot, it is important to remember that a re-evaluation is carried out only if the owner has strong evidence that the register exceeds the real price by three times. For this, it is imperative to involve independent experts, the opinion of one specialist will not be enough.

How to reduce the cadastral value of a land plot on your own? You need to contact the administration and request a commission. With this option, the owner's cash costs are minimal, but the results may not always be positive. If the commission issues a negative verdict, then the owner has the opportunity to challenge her opinion, but only in court.

Right to request

The cadastral value of a land plot changes regularly by years and other criteria, but even a timely recalculation does not guarantee that the commission will issue a verdict that fully coincides with the opinion of the owner himself. To challenge the decision to assign an overvalued value, you must go to court, but this can only be done by someone who has certain rights to this land holding.

Among those there are the following categories of citizens:

• owners with title;
• heirs;
• citizens claiming to buy land;
• citizens whose plot is in perpetual use;
• tenants.

The latter can carry out the contestation procedure only with written permissionowner and only in the case when the site is not the property of the state.

If a land plot is owned by several owners on an equal footing, then an application for revising the cadastral value will be accepted only from all at once. Such a written collective statement is the only solution, claims from only one co-owner will not be accepted.

Where to apply

Who determines the cadastral value of an object? Of course, the territorial branch of Rosreestr. It is there that the first step is to submit an application for the recalculation of the cadastral value of real estate. You can do it the old fashioned way and visit the institution in person, having served in a queue, or you can take advantage of modern technology and make an appointment through the official website of the department, and then simply come to the institution at the appointed time.

The grounds for reducing the cadastral value of a land plot must be weighty and necessarily supported by documents. To do this, you must bring a written application to the appointment with a detailed description of all the reasons for the appeal. The application is usually considered for a short time. After consideration, the applicant is issued a written decision of the commission. If all the reasons are justified and weighty, then the commission will approve the application and make changes to the Register in the coming months. In case of refusal, attention should be paid to the motives for such a response. Sometimes the applicant simply filled out the documents incorrectly or presented the evidence in a wrong way.to the fullest. In such situations, it is allowed to make changes to the application and resubmit it. If the refusal is justified by illegality or other reasons, then the decision of the commission can be appealed in court.

Government appeal papers

To save time and get everything you need to get the revaluation right, check out the following list.

Application for recalculation will be considered only in the case of a correctly assembled package of documents, including:

• a written statement from the owner or several owners;
• identity document of the applicant;
• if the procedure is carried out through a proxy, then a notarized power of attorney and representative documents are additionally required;
• all available documents establishing ownership of the plot;
• land cadastral passport;
• price report from independent experts.

Of course, this list is approximate, and it should be specified in each department separately. This year, the procedure has been simplified, in many regions only 3 documents are now required to challenge, but the innovations have not yet come into force throughout the country. The sample application in all branches is unchanged and must include the passport and contact details of the applicant, in addition to the text of the request.

After submitting the package of documents for consideration, the employee of the institution must issue a receipt to the applicant on their acceptance and indicate the date when one should appear fordecision and with these documents.

How long does the procedure take

After submitting an application to the representative office of Rosreestr, employees within one week check only the correctness of the collected package of documents and decide whether the application will be accepted for consideration. After this period, if the application is not rejected, the documents are submitted for consideration directly to the commission, which works with the documents for 30 days.

If the application is rejected, but the owner does not agree with such a decision, he has the right to challenge this decision, but already in court.

How to reduce the cadastral value of a land plot on your own, without consideration by the commission? This option is possible and quite effective, but, as practice has shown, it hits the owner's pocket very hard.

In any case, it is necessary to challenge the incorrect decision, since tax payments in the next few years directly depend on it. The reasons for applying for recalculation can also be unscheduled appraisal activities, damage to property due to exposure to pesticides, or if the owner was not even notified about the recalculation, and subsequently they were not even familiarized with its results, it happens.

Actions after refusal

If the commission issued a verdict refusing to recalculate, then the owner can freely appeal this decision at any stage. It is important to submit an application to the judicial authorities no later than10 days after receiving a negative response from the commission. The defendant in this proceeding is not a specific person, but the entire institution of Rosreestr, since the refusal to the owner comes precisely on behalf of the department. A lawsuit is filed at the local branch with the mandatory attachment of the necessary documents for this.

Including:

• plaintiff's passport;
• documents confirming his rights to the plot;
• documents confirming the need to reduce the cadastral value;
• independent expert opinions;
• acts of survey of the area;
• Written negative decision of the commission;
• original receipt for payment of state duty.

It is also necessary to make a copy of the claim itself and all submitted documents to provide to the defendant. All copies must be notarized. It is not necessary to provide them to the department in person, you can send them by registered mail with a receipt and a description of all attachments.

Proceedings price

In order to save on taxes in the future, the owner of the land will have to spend a lot on litigation. In order for the case not to drag out and lead to success, legal support from a specialist will be required, whose services will cost an average of 25 thousand rubles. In addition, the lawyer must also pay for consultations carried out even before the start of the trial, and this is estimated at around 10 thousand rubles. It also requires the conclusion of an independent appraiser, whose work is estimated at 10 thousand rubles. On thisthe most serious costs are coming to an end, but you still need to pay for making changes to the register, filing a lawsuit and obtaining an extract from the USRN. For individuals, these procedures will cost 1000 rubles, and for organizations - 5 thousand.

Of course, all amounts are approximate and may vary depending on the region. The price is also affected by the cost of a lawyer's services or the complexity of the case, in any case, the costs will be tangible.

Conclusion

In order to know exactly whether there are grounds for challenging the commission's decision, the owner needs to have an idea about how to calculate the cadastral value of the land. The price of land holdings is set by the state according to many criteria and is calculated according to different formulas, therefore, before deciding to challenge their conclusion, it is necessary to consult a specialist on this issue. Of course, if the owner is completely sure of his own rightness, it is necessary to defend his rights, even if the case goes to court. Otherwise, the cadastral value of land ownership can be reduced by reducing its area, changing the category or type of permitted use. Sometimes that helps too.