Challenging the cadastral value of real estate
In 2018, when calculating property tax, a formula based on the cadastral value of the property began to be applied. On the one hand, it more realistically reflects the actual price of real estate. On the other hand, it is much higher than inventory. Thus, on one day, the real estate tax rushed up.
For most owners, this was a shock. And to the dismay of some owners, the cadastral value was significantly overstated.
The main reason for the mistakes was a mass assessment. The lack of an individual approach led to a lack of objectivity. And the human factor has not been canceled either.
However, the owner does not care what caused the error. He wants to reduce tax costs. It is for this purpose that property owners turn to DTK Partners daily.
Challenging the cadastral value of real estate
The contestation process may be both in pre-trial and judicial proceedings.
Pre-trial procedure is used if a technical error has become the cause of the overstated cadastral value.
In this case, the owner must:
- prepare a complaint;
- send to the Rosreestr branch at the location of the property.
In court, the issue is settled if the authorized body refuses to admit its mistake.
In this case, the owner will be required to:
- preparation of evidence;
- filing a claim;
- payment of state duty;
- representation of interests in a court session;
- obtaining a court decision;
- sending documents to the authorized body;
- obtaining information about the new cadastral value.
Pre-trial settlement and trial procedures take a lot of time and effort. Therefore, it is advisable to entrust this to a qualified lawyer.
Preparation of documents
However, to recalculate the cadastral value, it is not enough to go to court. The applicant must prove that his rights are violated. Therefore, you must first prepare the evidence base.
The list of documents for appeal to the court is established by Art. 24.18 Federal Law of 1998 No. 135:
- a statement of the current cadastral value (which is disputed);
- a notarized copy of the title document (contract of sale, certificate of inheritance claims);
- report on establishing the market value of the object;
- expert opinion;
- information about the presence of errors in the documents.
Additionally, a copy of the owner’s civil passport will be required. In order for the interests of the owner to be represented by a lawyer, a notarized power of attorney will be required.
Our advantages
DTK Partners Law Agency operates not only in Moscow. We are ready to assist customers from all over the country.
Reasons for contacting DTK Partners:
- You save time and money. An independent solution to the problem may stretch for an indefinite period.
- You do not have to go to the courts. Specialists take over the communication with government agencies.
- You can contact us at any time convenient for you. DTK Partners lawyers are ready to support you around the clock, without holidays and weekends.
