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06.04.2017

“BEWARE OF WASTED EXPENSES!”

Attention of owners and tenants of real estate and/or land.

 

 

 

They say that once George Washington (an American statesman and political figure) gave among other useful hints he printed in the newspaper the following recommendation : “and beware of small needless expenses because a small leak can make a great ship sink “. It is difficult to disagree with the person who has grown from the 15th son of a craftsman to a successful mister — one of the founding fathers of the United States.

 

Excessive rent or tax payments may be among the potentially needless expenses for you. The last state cadaster evaluation (hereinafter – SCE) of the lands of Tyumen region settlements took place in November 2016. Its results will affect for the next three years. There are owners, who still do not know how the cadaster value of their real estate and/or land has changed. Cadaster value of some issues decreased, here are mostly:

 

1) objects that had previously been tremendously overvalued (which has become the object of criticism and complaints);

2) suburban areas/dacha’s land plots including the flood-prone areas or the ones having other disadvantages (here we conventionally include land plots for gardening, private farming plots, individual garages, etc.);

3) “old” apartments in blocks of flats.

 

However, for the owners of trade/ catering / household service premises, as well as the owners of the offices the surprise may be unpleasant. Especially if the premise is located if not in the center of Tyumen, then in a good place all the same. There are several reasons for such results of SCE…though they are not the matter of importance by now – they are authorized and put into effect. We should deal not with the cause, but with the consequences. Thus, it is important to check whether the cadastral value of your property fits the market price or there might be the abovementioned needless expenses (and perhaps not the small ones) awaiting for you in the next three years.

 

Let’s figure it out. At first, it is necessary to find out whether the cadastral value change is relevant for you. Inasmuch as:

• you or your company – the owner of the object of capital construction, used for business purposes, especially when the land under it is owned by you or leased by you from “the state”, you can put one plus (most likely, your company is a payer of the organization assets tax with either the general or the simplified tax systems with a rate of 2 % of the cadastral value (or a payer of the land tax with a rate of 1.5 % of the cadastral value); if not the abovementioned then, perhaps your company is a payer of rent also charged on the cadastral value);

• according to the results of the last SCE the value of your real estate or land plot is more than 6 million rubles, or was formerly more than this amount – also feel free to put another “plus”;

• the property tax you are to pay for your real estate or land plot is 80 thousand rubles per year and above -one more “plus”.

 

Now If you finally have at least two “pluses” you’d better check them not to transform into a big “minus”. For the purpose, please enter the official website of Rosreestr (https://rosreestr.ru), in section “E-services” select “Getting information from a state cadastral evaluation data fund”, enter the cadastral number of the real estate or a land plot, then click “search”. So you will learn the current cadastral value of the object.

 

If you find that the cadastral value has increased compared to the previous one or it has remained at the same level, but you do think that the actual market price of your object is lower, it is recommended for you to seek an advice of an appraiser who has a vast and, most importantly, a successful experience in establishing the market price value for objects in order to make the cadastral value meet the market price.

 

If one does not have such a credible expert, he might consult then an experienced lawyer who also specializes in this sphere. It is important that the professionals to be consulted with must be not only qualified, but also honest ones. The analysis of the real estate or a land plot situation should show:

 

• whether the current cadastral value corresponds the market price;

• what is the range within which the price can be reduced;

• what saving can be achieved as a result of cadaster value reviewing;

• is it worth to initiate the reviewing in comparison with costs of the procedure itself.

 

The revision expediency analysis for the clients of “Top Legal Consulting” LLC will cost only 1 thousand rubles. The cadaster value revision procedure will cost from 80 to 110 thousand rubles (written appraisal + written appraisal examination + legal support at the pre-trial stage, and if necessary in court).

 

The purpose of bona fide experts is to help you to save money. They will not bring you into wasted expenses and start the work if the revision procedure cost is to be hardly overlapped by the estimated saving. As soon as the revision expediency analysis of your premise or land plot is positive and the revision is stated, we surely lessen the total procedure cost on the amount payed for the analyses.