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Is it really possible to challenge the cadastral value of housing

Добавлена: 20.10.2021   Количество просмотров: 173

Is it really possible to challenge the cadastral value of housing

The cadastral value is the price of an immovable object, which is set by the state with the help of cadastral valuation. This indicator is necessary to calculate property tax, sell housing or rent it out. The state cadastral assessment is carried out with a certain frequency: in the regions — once every 3-5 years, in Moscow and other cities of federal importance, this happens more often.

The indicator is influenced by the market value of similar housing. The location area, the area of the immovable object, its condition and other factors also matter. The cadastral value of the apartment can be found in an extract from the EGRN or online on the official website of Rosreestr.

How to determine that the indicator is overestimated

A common situation is an inflated cadastral value of an apartment. In this case, the owner pays an increased tax, which will increase over time. In addition, according to the law, real estate can be sold at a price not lower than 70% of the cadastral value.

And if it is doubled, for example, then it will be problematic to sell an immovable object at market value.

If you suspect an error in the calculations of an important indicator, you can confirm it in the following ways: Contact an accredited appraiser. He is provided with documents for an apartment, an extract from the EGRN, a specialist is invited to inspect the housing. The appraiser will detect possible errors and calculate the optimal cadastral value. Independently study the real estate market. You need to find at least a few similar objects, analyze their price and calculate the average. If it is less than the cadastral value by 20-30%, then it makes sense to contact the Rosreestr in order to revise the amount.

How to challenge the indicator

If an error is suspected, it is necessary to seek correction of the source data. In any budget center of cadastral valuation, there are divisions that are engaged in correcting errors. You need to submit an application there, attaching documents fixing a possible error. For example, this is a technical passport or a technical plan of an apartment.

The application is considered within up to 30 days, the error will be eliminated within 60 days.

In some regions, special commissions are being created to deal with disputes over the results of cadastral valuation. An application is also submitted there, to which an extract from the EGRN is attached, a copy of the document establishing the right to an apartment (for example, a donation or sale agreement) and a report on the assessment of the market value of housing.

The Commission also considers the application a month in advance, but sometimes it may refuse to consider it. To appeal her decision, it remains to go to court. In principle, you can go there right away, bypassing the commission. However, this option is likely to require legal expenses. Therefore, legal entities that own large objects, where it is a question of challenging millions, usually apply to the court with such a claim.

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