What is the initiative to lease state land at cadastral value?
Rosreestr intends to change the rules for determining the amount of rent for federally owned land. The Office proposes to abandon the assessment of the market value of land and establish a rent based on their cadastral value. The corresponding draft government decree is published on the portal of regulatory legal acts.
How is the cost of renting state lands now determined?
Rosreestr proposes to amend the “Rules for determining the amount of rent, as well as the procedure, conditions and terms for paying rent for land owned RF" (Established by Decree of the Government of the Russian Federation of July 16, 2009 N 582).
The current version of the document provides that the rent for state-owned land occupied by buildings, structures and objects of construction in progress is determined on the basis of a report on the assessment of the market value of the lease right.
The exception is land that is leased without bidding on preferential terms or for the construction of transport infrastructure facilities, sports facilities, gas pipelines, etc. (indicated in paragraphs 3-5 of the document). In these cases, the lease is calculated on the basis of the cadastral value of the site or in accordance with the rates of Rosreestr.
Thus, the department wants to make a single procedure for determining the cost of rent — based on the approved cadastral value.
Why do they want to refuse the services of appraisers?
According to the Federal Property Management Agency, by March 2022, 8,040 contracts were concluded in the Russian Federation, the rent for which was set based on a report on the assessment of the market value of the right to lease land. The explanatory note to the draft resolution states that usually, when preparing a report, appraisers determine the market value of the site, and then adjust this value for the amount of transferred rights. As a result, the annual lease of the plot is 1.5% or more of its market value.
The authors of the initiative note that conducting an assessment of the market value and the procedures required by law preceding it «unreasonably increases the time for concluding lease agreements». In addition, you have to pay for the services of an appraiser: in 2019-2021, the costs for this amounted to more than 45 million rubles.
“The adoption of the draft resolution will simplify and optimize the administration of rent for land plots located in federal ownership, exclude additional procedures when concluding lease agreements for land plots that are in federal ownership», — the explanatory note says.
How do they propose to calculate the amount of rent?
Rosreestr proposes to determine the lease of state lands for the operation of buildings, structures, construction in progress located on them, in the amount of 3% of the cadastral value of these land plots (if the lease agreement is concluded without bidding).
The department wants to leave the size of the lease for the owners of buildings and structures located on the site unchanged, — 1.5% of its cadastral value (but not higher than the amount of land tax).
They want to set the same rental price for unitary enterprises subordinate to the Administration of the President of the Russian Federation.
Will the lease be reviewed , which is calculated according to the old rules?
The draft law states that the lease, which was established based on the results of assessing the market value of the right to lease a land plot before the adoption of the amendments, will subsequently be recalculated. This must occur five years after the rent was determined.