The law on cadastral value was signed by the President: changes come into force on August 10, 2020

The amendments, which have been discussed for more than one month, have been approved - the changes come into force on Monday, August 10. The bill is aimed at improving the process of assessing Russian real estate by cadastral specialists. On July 31, Vladimir Putin approved the amendments - he signed the corresponding law. It is specified that after the publication of the signed document (on the official website) after 10 days - the law is already taking effect.

Why innovations are needed?

The cadastral valuation is very important. The amount of tax on a summer residence, house, land plot depends on this amount. Sometimes a person finds out that the cadastral value of the real estate that belongs to him has increased significantly (with it, respectively, taxes). Of course he doesn't agree! There are many cases when almost identical houses standing over the fence were evaluated in completely different ways. I had to go either to court or to Rosreestr, and the department had to connect a commission to review the assessment result. Significantly, the overwhelming majority of requests were satisfied in favor of the property owner. That is, the appraisers did their job in bad faith.

To control budgetary organizations, to ensure the correct cadastral valuation of objects real estate, as well as protecting citizens from inflated prices and subsequent showdowns, and this bill.

The main provisions of the bill

A unified schedule is established for the state cadastral valuation - once every 4 years. But for cities of federal significance, if the head of the settlement adopts the corresponding decree, then once every 2 years. Rosreestr experts clarify that in the regions, before the amendments were adopted, the assessment was carried out incorrectly (unevenly) for the types of objects of the real estate in question. This led to the creation of unequal economic conditions for copyright holders. From mid-August of this year, the frequency will be the same, the date of the cadastral assessment will be the same for everyone. Based on the results, the tax on the property will be calculated.

Errors in favor of the copyright holder

This is one of the key principles of legislative changes. The error, which was recorded during the state cadastral appraisal of real estate, will be considered in favor of the owners. If the amount is understated, then the new cadastral value is applied retrospectively instead of the disputed one. And if the indicator is too high, then it will be applicable only from next year. According to Victoria Abramchenko, Deputy Prime Minister, the speech is about the fact that the correction of errors should be interpreted in the interests of the affected property owners.

Officials who make a mistake will be punished

The bill approves the personal responsibility of an official for an error in calculating the cadastral value. This means that an official, if an unlawful overestimation of the result is noted, will be punished. Before the law was passed, the perpetrator was not actually punished. From August 10, the appraiser can be removed from work and subsequently fired from the department. However, liability depends on the number of refusals to correct the size of the cadastral value. If their share is more than 20%, then the specialist will lose his job. However, the cases must be confirmed in court.

Contesting the cadastral value without court

The law allows you to challenge the result of the state cadastral assessment in an out-of-court (declarative) settlement procedure without unnecessary red tape. That is, the system is simplified. You just need to send a request about it through the MFC. And what is very important, the identification of one error will be the beginning of automatic correction of the size of the cadastral value of all real estate objects in this group (of the same type).

Everyone will know about violations

Rosreestr undertakes to publish statistics of violations every year. Open information, as they are confident in the department, will be a good motivation for state budget institutions to treat their work with increased responsibility and analyze the admitted errors. A regime of constant supervision of the cadastral valuation process is also being established. Checks will be carried out to identify non-compliance with legal requirements, as well as adherence to appropriate guidelines. It is believed that this will make the work of cadastral appraisers more transparent, and the proportion of errors will decrease.

Rosreestr will share information

The list of data that is provided for the cadastral assessment by the department to regional budgetary institutions is expanding - from January 1, 2022. Starting from this date, organizations will be provided with information about the prices of transactions and the register of borders. A transitional period (until January 1, 2023) was also approved for the regional authorities to independently determine the moment when the cadastral value began to be established in the amount of the market value.

In 2022, a state cadastral valuation of land plots is planned in all constituent entities of Russia, and a year later - capital buildings. This will allow the tax base to be updated.

Do you consider this law a real step towards putting things in order in the real estate appraisal sphere? Write in the comments!

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