Land law. Cadastral and market value of land (the most important)

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Land law. Cadastral and market value of land (the most important)

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51. CADASTRAL AND MARKET VALUE OF LAND

Determining the value of land plots is required when carrying out transactions with land, as well as when collecting land tax.

To establish cadastral value land plots, a state cadastral valuation of land is carried out. The procedure for conducting the state cadastral valuation of land is established by the Government of the Russian Federation. The executive authorities of the constituent entities of the Russian Federation approve the average level of cadastral value for the municipal district (urban district). In cases where the market value of a land plot is determined, the cadastral value of the land plot is established as a percentage of its market value. The cadastral value of land plots is used for taxation purposes and, in some cases, for the sale of land plots from state or municipal land.

The market value of a land plot is established in accordance with the federal law on appraisal activities. An appraisal of land plots is obligatory in case of involvement in the transaction of land plots owned in whole or in part by the Russian Federation, constituent entities of the Russian Federation or municipalities, including:

1) when determining the cost of land plots owned by the Russian Federation, constituent entities of the Russian Federation or municipalities, for the purpose of their privatization, transfer to trust management or lease;

2) when using plots owned by the Russian Federation, constituent entities of the Russian Federation or municipalities, as a subject of pledge;

3) upon sale or other alienation of plots belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities;

4) upon assignment of debt obligations related to land plots owned by the Russian Federation, constituent entities of the Russian Federation or municipalities;

5) when transferring objects of assessment belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, as a contribution to the authorized capital, funds of legal entities, as well as in the event of a dispute over the value of the object of assessment, including:

▪ during nationalization of property;

▪ for mortgage lending to individuals and legal entities in cases of disputes about the cost of the plot;

▪ when drawing up marriage contracts and dividing the property of divorcing spouses at the request of one of the parties or both parties in the event of a dispute about the value of this property;

▪ in case of redemption or other seizure of land plots from owners for state or municipal needs provided for by the legislation of the Russian Federation;

▪ when assessing sites in order to monitor the correct payment of taxes in the event of a dispute regarding the calculation of the taxable base.

These rules do not apply to relations arising from the disposal of state and municipal unitary enterprises, institutions of property assigned to them, except in cases where the disposal of property is allowed with the consent of the owner of this property.

The basis for the assessment is the contract for the assessment of the land plot, concluded by the customer with the appraiser or with a legal entity.

In cases provided for by law, the appraisal of a land plot, including a repeated appraisal, may be carried out by an appraiser on the basis of a ruling by a court, an arbitration court, an arbitration court, as well as by a decision of an authorized body.

Author: Medentsov A.S.

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