Who and how to spend the state cadastral estimation of the earth
this week to deputies of the State Duma it will be necessary to solve, who and as will spend the state cadastral estimation of the earth. And that the most important thing, whether it will be possible to challenge it. Now it is one of the thorny questions both for business, and for citizens as land tax is proceeding from its cadastral cost. Moreover, after introduction of the tax to real estate the sum will depend on a cadastral estimation and this tax.
The bill with the name “ About modification of the Federal law “ About estimated activity in the Russian Federation “ and other acts of the Russian Federation “ has been brought in the Duma even in the summer of last year. Its consideration in the first reading should take place in the autumn. However hands at deputies of last convocation and have not reached it. It appeared in the plan twice and was transferred. Now its consideration is appointed to May, 23rd.
the Primary goal of the new law - to establish main principles and requirements to carrying out of a cadastral estimation of objects of real estate as till now, according to authors of the bill, features of carrying out of a mass estimation of objects of real estate legislatively are not settled.
Besides, the bill the establishment of requirements to the appraisers involved in the state cadastral estimation and pre-judicial settlement of disputes about results of its definition is supposed.
Now, according to experts of the Russian union of industrialists and businessmen (RSPP), the final estimation leaves much to be desired. In RSPP complaints to the overestimated cadastral estimation constantly come. In a number of places, under statements of experts, it is overestimated almost in 20 times that as a result leads to unreasonable increase in payments of the ground tax. And it is possible to challenge only procedure of a cadastral estimation, but not its results.
the New bill in case of acceptance will give to businessmen such possibility. It enters the mechanism of pre-judicial settlement of disputes about results of definition of cadastral cost of objects of real estate. In particular, by the bill it is provided that procedure of pre-judicial settlement of disputes is a part of the state cadastral estimation and is possible within a year after the statement and publication of results of a cadastral estimation. In other words, if you have doubts in results before the spent estimation the state was which customer, you can address to services of the independent appraiser which will estimate your object of real estate anew. If results of its estimation about this or that project cost do not arrange municipality or the subject then to challenge it it will be already possible in court.
Besides it by the bill it is defined that such a cadastral project cost of real estate. It is understood defined by methods of a mass estimation as a market project cost of real estate. Periodicity of the state cadastral estimation is established. By the way, here changes has not occurred, the same as and now the state cadastral estimation, after the introduction of the new law into force, will be spent not more often than an once in three years, and is not more rare than an once in five years.
As to appraisers according to the law the customer of a cadastral estimation is the enforcement authority of the subject of the Russian Federation, and executors - only the appraisers who meeting requirements of the law on estimated activity and have in addition insured the responsibility a minimum of thirty millions of roubles. It is provided that works by definition of cadastral cost should be carried out according to the law on estimated activity, federal standards of an estimation and methodical instructions by a cadastral estimation.
According to the bill by results of carrying out of a cadastral estimation the report which should correspond including to the special requirements established by body, carrying out standard legal regulation of estimated activity is made. Introduction of uniform standards under the report form, is marked by developers of the bill, is caused by necessity of use of the information containing in it for entering into a cadastre that is impossible without presence of the general for all executors of requirements under the report form.
the Report goes to authority of the subject of the Russian Federation. It in turn within thirty days should make the decision on the statement of results of an estimation and their transfer to a cadastre or on a report deviation. Only having passed all these procedures, given the confirmed report can be used, including for the taxation.
In spite of the fact that deputies have questions to the given bill, committee of the State Duma on the property, committee on the industry, building and high technologies, and also committee on the credit organisations and the financial markets, preliminary having considered the bill, in whole it have supported and recommended to accept in the first reading.