State-owned real estate in the lease will be assessed according to the cadastre at the time of the start of the transaction

When selling or leasing real estate that is state or municipal property, it is necessary to take into account the cadastral value of the object in the USRN at the time of the start of the transaction. Pavel Krasheninnikov, chairman of the Duma Committee on State Construction, submitted the appropriate amendments to the State Duma.

“It happens that during the execution of documents <...> the cadastral value of the property increases, which affects the value of the contract, Krasheninnikov explained. “The draft law establishes that the cadastral value of the property contained in the USRN is fixed on the date of filing an application for the provision of state or municipal services.” At the same time, according to the amendments, if after filing the application the cadastral value has decreased, then the object is acquired at this reduced value.

Sergey Uchitel, a partner at the Pen & Paper Bar Association, gives an example of how the new amendments will work: “The cadastral value is used to calculate the redemption value or rent, which may change downwards by the time all administrative procedures are completed. In this case, you should be guided by the current cadastral value of the object.

The cadastral value, the Teacher notes, is established, in contrast to the market value, using the mass valuation method, which is carried out on the basis of segmentation and grouping of objects depending on the type of real estate, as well as the influence of economic and pricing factors. Rosreestr must conduct a state cadastral valuation of buildings, premises, structures, etc. in 2023, and in 2022 – land. The bill, as specified in the explanatory note, is aimed at ensuring guarantees of the rights of citizens and organizations that will purchase real estate objects that are state or municipal property if the price changes in the process of providing the service.

Any budget has two sources of income – tax and non-tax revenues, and the main part of non-tax revenues are income from the rental of property, as well as income from the sale of property, says Forward Legal lawyer Oles Gruzdev.

The process of obtaining a property for rent or ownership is a state or municipal service that begins with the submission of an application to the authorities and, as a general rule, should not last more than 30 days, Gruzdev explains: “But in reality, the period for considering an application can last for months and years “. “During this time, the cadastral value of a property can grow significantly,” he notes. – For example, at the time of filing the application, the cadastral value of the land plot was 1 million rubles, and a year later – 5 million rubles. At the same time, the rent is 10% of the cadastral value per year. In such cases, despite the fact that at the time of application the cadastral value was low, the authorities provide the property at a higher cadastral value.”

He also explained that often the cadastral value can even be several times higher than the market value of the object, Gruzdev notes: appraiser.” Gruzdev believes that the bill “really protects the rights of citizens and organizations.” But at the same time, it may not take into account the interests of the budgets of regions and municipalities, since it can hit their non-tax revenues, the expert says.

Consideration of the bill is scheduled for the autumn session.