On October 19, ILM managing partner Andrey Lukashev will talk about standards for measuring commercial real estate. On October 17-20, the 6th All-Russian Congress of Cadastral Engineers will be held at the site of the Cosmos Hotel. The purpose of the event is the formation of common approaches to the implementation of cadastral activities. Cadastre engineers, the largest Russian organizations working in the field of cadastre, geodesy and cartography will take part in the Congress. During the congress, the speakers will exchange the best practices of cadastral activities in Russia and the world, share their expectations for its further development. On October 19, in the framework of the session “Cadastral Activity in Russia: Experience of the Present and Looking into the Future”, ILM Managing Partner Andrey Lukashev will speak Andrei will talk about the application of international standards for measuring space in real estate During the presentation, the speaker will tell about the consequences of the absence of international measurement standards applicable worldwide, the current situation in resolving this issue, and the work of the committee on the development of international standards for measuring IPMS. Read more https://www.roscadastre.ru/congress/congress_ki_6/  

On September 21, 2017, the international law firm Noerr and the magazine Legal Insight held a business breakfast on the topic: “Lease of commercial real estate: rate on increase”, gathered more than 50 lawyers from major Russian and foreign companies in the retail, development, industrial production, etc. Against the background of a moderate growth rate of the Russian economy, 2017 has become quite dynamic and positive for the commercial real estate market. For market players it becomes obvious that now we can talk about its gradual stabilization and recovery after the crisis of 2015-2016. In this regard, lawyers of companies should “check watches” with current changes in legislation, to adjust existing own rental relations, to give management the necessary recommendations for strategic planning. Yuri Yudakov, director of ILM, a consultant in the field of commercial real estate, spoke about the current situation in the real estate market, in particular, warehouse and retail, shared macroeconomic forecasts and professional recommendations for choosing office space. The reports of the experts in the “Real Estate Investments” practice of Noerr were as practical as possible with useful links, recommendations and formulations based on their own experience and analysis of judicial practice. Asiya Takhtaeva, a senior lawyer at Noerr, on the example of a lease agreement, highlighted in detail the current changes in civil legislation and the nature of the development of judicial practice on controversial issues. Ekaterina Kalinina, a senior lawyer at Noerr, shared her recommendations on what is imperative to pay attention to when concluding rental agreements, taking into account the new rules for corporate approvals and registration, as well as recent trends in negotiating rental rates. Very interesing was the discussion of the case "Svyaznoy Logistics vs Warehouses 104". The invited guest was the lawyer of Svyaznoy Logistics, A.V. Taraburin. For the discussion on the controversial case, the organizers chose an interesting interview format, in which the representative of the plaintiff, answering questions from Noerr colleagues and business breakfast guests, spoke about the details of the case and justified the position of his client. Summing up the discussion, the head of the practice, Dr. Thomas Mundry, expressed the opinion that “having worked in Russia for 25 years,” he “observes positive trends in the introduction and use of best foreign practices in Russian law” and expressed hope “for further modernization of civil legislation” .  

Revaluation of the cadastral value of commercial real estate has become relevant due to changes in the Tax Code in 2014. In accordance with the current legislation, the tax on commercial real estate of legal entities is now calculated on the basis of the cadastral value of the object. Since this method of calculating the cost of space is not accurate and usually overestimates the real price by 20-30%, the question arises as to how to remove the unreasonable monetary burden from the business. The only one way out is to challenge the cadastral value of the object. Is it worth it? Before entering into long financial and legal debates, it is worthwhile to weigh everything thoroughly and calculate how much the influence of the tax burden on the company's budget is and by what amount it is possible to reduce. Information about the cadastral value of the object can be found using a paid service on the information portal of the Unified State Register of Real Estate (USRN). With a slight difference (7-10%), starting this does not make sense, since the cost of the resources expended will be higher than the profit gained. The budget for challenging the cadastral value is formed of several components: market valuation, legal advice and forensic expertise. Even with a positive decision in favor of the owner, the costs are not reimbursed. The difference in previously paid taxes is also not refundable. Court or Rosreestr? The owner has the right to choose in which of the state bodies to file an application for revaluation of the cadastral value - is can be either directly the Rosreestr commission or the territorial court. Statistics show that the number of decisions in favor of the owner in court is much more weighty. This is partly due to the interest of Rosreestr in additional revenues to the budget, the court is usually impartial. Time is not only money, but also taxes If it was decided to challenge the cadastral value of the property, it is necessary as soon as possible to collect all the necessary papers and start the process. The tax is calculated on the basis of the price that has been set in the current year, i.e. if the owner filed a lawsuit at the beginning of 2017, he will pay the tax at the price set in 2016. It is possible that legal proceedings may take several months, so efficiency, in this case, is definitely the main advantage. A stingy owner pays twice A significant role in the consideration of the case in court will be played by the market valuation, or more precisely the quality of the examination carried out. Even minor inaccuracies in the documents may cause the court to refuse to revise the cadastral value. Therefore, it is necessary to carefully and thoughtfully choose a company-appraiser, and it is better not to save money on its services. Word of mouth in this case will tell you which company is better, because even with an abundance of companies in this appraisal segment, their reputation is usually well known among owners. The speed of response, the quality of market expertise and legal advice play a crucial role in the reassessment. Do not hesitate and trust the professionals, then cadastral bondage will be left aside.