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Template declaration on characteristics of real estate unit and procedure of its reviewing were adopted


On 04 April 2017 the Russian Ministry for Economic Development published the Order No. 846 “On adoption of procedure of reviewing of declaration on characteristics of real estate unit and its template” (hereinafter – the “Order”).

The Order was adopted in accordance with clause 4 Article 12 of the Federal law No. 237-FZ of 03 July 2016 “On state cadaster evaluation” (hereinafter – the “Law No. 237-FZ”). This law governs the valuation procedure for the real property items starting from 01 January 2017. The valuation is performed by the Federal Cadastral Chamber. Article 12 of the Law No. 237-FZ covers matters of preparation for state cadaster evaluation and contemplates, that the real property owner can provide data on their real estate units to the Federal Cadastral Chamber or one of its branches (hereinafter – the “FCC”, “agency”). This information should be included into the template form adopted by the Order.

Procedure of the declaration review

Article 12 of the Law No. 237-FZ authorizes real estate owners as well as tenants, holders of perpetual use right and economic management right to send the declaration. In these cases the FCC informs the real estate owner about the declaration receipt. Besides, the law stipulates that the declaration can be sent by a declarant’s representative. In this case the representative shall enclose his power of attorney or other document proving his capacity.

The FCC reviews the declaration by 20 business days from the day of its receipt.

The agency checks facts containing in the declaration on the issue of their authenticity. The fact-checking is performed by comparing the declared information and the data collected during the latest cadaster valuation. Such data collection is done under the guidance1. This guidance enables the individual cadaster valuation approach and does not prohibit using such methods as aerial photography or inspecting the real estate unit without attendance of its owner. If the FCC opines lack of information for due fact-checking, it will use the information on websites of public authorities and its subordinate organizations. In this case, the consideration term can be extended by no longer than 20 business days. The Order does not stipulate the amount of such extensions.

If the FCC decides, that the facts in the declaration are reliable, they will be taken into consideration during the real estate unit valuation. The agency informs the declarant, whether the information will be considered. In the latter case, the FCC will clarify the rejection reasons concerning every conflict characteristics of the real estate unit.

Contents of declaration

The declaration can refer to any kind of real estate included into the Unified State Register of Real Estate. The core of the declaration is characteristics of a land plot or a building. Hence, the declaration on the land plot contains the information about its address, area, permitted use, existence of environmental objects, roads and utilities near the land plot. The declaration on the building contains the information about its square, number of floors, function, walling material, year of commissioning and/or capital repair.

The FCC reviews the declaration during the preparation for a regular state cadaster valuation. The preparation must be completed by 01 January of the year, within which the value is established. The regular state cadaster valuation is performed no more, than once in two years for the cities of Moscow, Saint-Petersburg and Sevastopol, and no more, than once in three years for other constituent entities of Russia2.

Authors of the Order expect that voluntary declaration on characteristics of real estate unit will improve the state cadaster valuation quality and reduce amount of disputes and costs of additional real estate valuations.

The Order adopting the template declaration and reviewing procedure will come into force on 15 April 2017.

_____

1Adopted by the order of the Russian Ministry of Economic Development No. 258 dated 07 June 2016
2Clause 1 Article 11 of the Law No. 237-FZ



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