The cadastral value, if necessary, can be challenged by the owner of the property in court. To do this, it is necessary to submit an administrative statement of claim to the court, proving the need to revise the current cadastral valuation.
The cadastral value is the basis for calculating the amount of property or land tax. It is determined for the land plot and the building, apartment and other real estate located on it, subject to cadastral registration.
Often it is perceived by the owners to be overestimated, which leads to an unjustified increase in the fiscal burden. Then the challenge of the cadastral value in court and its commensurate reduction is relevant.
Who can dispute the cadastral value
A person can apply to appeal the cadastral value only in cases established by law: in case of false data on real estate, which were used to determine it or to establish market value in relation to real estate. In the first case, an appeal is allowed if the appraiser has chosen the wrong conditions that determine the cost: the location of the object, the current state, intended use, being in an emergency state, etc.
Disputing the cadastral value is allowed only by the official owner of the land or other object.
How to file a claim for a reduction in the cadastral value
A person can submit an application for challenging the cadastral value only if in the region of circulation it is she (and not the inventory estimate) that is the basis for calculating taxes. Otherwise, it is considered that his interests are not affected and he is not entitled to apply for a reduction in the value of the object.
An individual can submit an application to a commission on these disputes on the basis of Rosreestr (simplified procedure) or a court on a claim. Only organizations are obliged to go through the commission, individuals can immediately try to resolve the issue in court.
The owner of the property has the right to choose one of the presented methods independently. Where to file an administrative claim to challenge the cadastral value? The jurisdiction of such claims is a district, regional, regional court of general jurisdiction. Since 2014, the jurisdiction of cases on revising the cadastral value has been excluded from the sphere of responsibility of the arbitration court. The defendant in the case will be the regional branch of Rosreestr.
The structure of the statement of claim
The statement of claim consists of several parts:
- The head of the document contains information about the court to which it is submitted, information about the plaintiff and the defendant, the name of the document.
- In the main part, the reasons for applying for the protection of their interests (challenging the cadastral value) and the evidence base in favor of the position of the plaintiff are given.
- This is followed by the requesting part indicating the request to the court to revise the cadastral valuation.
- A list of applications is provided.
- The signature of the plaintiff and the date of filing the application are put.
List of documents
It is necessary to submit to the court not only the statement of claim itself, but also to attach supporting documents to it, which include:
- certificate of cadastral value / extract from the USRN;
- a copy of the title document;
- documents confirming the inaccuracy of the information used by the appraiser;
- written market value report;
- documents confirming a technical error in the registry;
- a document confirming the payment of state fees, etc.
Without these documents, an administrative application is left by the court without movement.
The term for challenging the cadastral value is limited: the owner of the real estate can go to court only within 5 years after entering the disputed results into the register.
Such cases are considered in court within two months, but the term may be extended due to the complexity of the issue for another month.
