When making real estate transactions or inheriting property, it is often necessary to confirm the market value of the object. Report on the evaluation of the apartment for a notary is a legally significant document that serves as the basis for calculating state duty and taxes. Without this document, the notary will not be able to certify the transaction or issue a certificate of inheritance, since state tariffs directly depend on the price of the property.
Many owners confuse the cadastral value specified in the USRN statement with the real market price, but for notarial actions it is the market valuation that is required. This document is prepared by an independent expert with the appropriate license and is a member of a self-regulated organization of appraisers. Exactly. market-value It reflects the real situation in the housing market at the moment.
The process of obtaining a report requires the collection of a certain package of documents and the selection of a qualified specialist. Errors in the design or the choice of an incompetent performer can lead to the fact that the notary will refuse to accept the document, which will lead to a loss of time and money. Below we will discuss in detail all stages of the procedure, the requirements of the legislation and the nuances that need to be taken into account.
Why a Notary Needs an Assessment Report
The main purpose of the report is to determine the basis for the calculation notarial. According to the Tax Code of the Russian Federation, the amount of state duty when entering into inheritance or donation of real estate is a percentage of the value of the property. If the documents do not indicate the current market price, the notary is obliged to use the data on the estimated value to accrue a fair amount of the fee.
In addition, the document protects the interests of the parties to the transaction from artificial understatement or overstatement of the price. In situations where one of the heirs does not agree with the proposed value of the share, the independent evaluation acts as an objective arbiter. The notary uses this data to ensure the legality of the procedure and to prevent possible litigation in the future.
⚠️ Note: The notary has the right not to accept the report if it is drawn up with violations of Federal Law No. 135 "On Evaluation Activities". Make sure that the document contains all the mandatory sections and is signed by a qualified specialist.
It is important to understand the difference between inventory, cadastral and market value. For notarial actions, priority is always given to market valuation, as it most accurately reflects economic reality. Cadastral value is often higher than the market value, which would lead to an unreasonable increase in the tax burden on citizens.
When a property valuation is required
There are several specific legal situations where reporting is a requirement. Most often, this is faced by heirs who want to formalize their rights to the property of a deceased relative. Also, the assessment is necessary when drawing up a gift agreement, if the parties want to avoid questions from the tax office regarding the real value of the gift.
Another common case is the division of property between spouses or the exit of one of the participants in the share ownership. In these situations market-value It becomes the basis for calculating compensation. If one of the owners buys out the shares of the others, it is the appraiser who determines the amount to be paid.
Sometimes, an assessment is required when applying for a mortgage, although banks are more likely to carry out their own procedure. However, an independent report may be required for the notarial execution of the mortgage or the consent of the spouse. In each case, the requirements may vary slightly, so it is better to clarify the list of necessary actions with your notary in advance.
- 📜 Entry into inheritance under the law or will to calculate the state duty.
- 🎁 Registration of a real estate donation agreement between close relatives.
- ⚖️ Division of jointly acquired property in divorce or mutual agreement.
- 🏦 Making mortgages for real estate or mortgage lending.
Requirements for the preparation of a report by law
The document must be drawn up in strict accordance with the Federal Standard for Evaluation (FSO) and Federal Law No. 135-FZ. Violation of any of the points may render the report invalid. First of all, this concerns the availability of all mandatory sections that are regulated by the legislation on valuation activities.
The report must contain information about the appraiser, including the number of the qualification certificate and data on liability insurance. Without these details, the document has no legal force. Also mandatory is the description of the object, market analysis and justification of the chosen approach to determining the cost.
What sections should be in the report?
The report must contain: an assessment task, a description of the object, market analysis, cost calculation, applications with documents. The absence of any of these sections is the basis for refusing to accept the document.
Particular attention is paid to the date of assessment. It must correspond to the date of opening of the inheritance case or the date of the transaction. Retrospective evaluation It allows you to determine the value of the object at a date in the past, which is often required when the owner has already died.
| Parameter | Requirement | Where to find out |
|---|---|---|
| Duration of validity | 6 months | Date of preparation |
| Signed | Personal + Printing | Title page |
| Firmware | Through numbering | All pages. |
| Annexes | Copies of documents | End of report |
Required evaluation documents
To start work, the appraiser will need a package of documents confirming the ownership and technical characteristics of the object. The basic document is an extract from the USRN, which confirms the current rights of the owner and the absence of encumbrances. Without a fresh discharge, an assessment is impossible.
Also required documents on the basis of which the right of ownership arose: a contract of sale, a certificate of inheritance or a gift agreement. If the apartment has been privatized, a transfer agreement will be required. These papers help the appraiser to trace the history of the object and make sure the purity of the transaction.
☑️ Evaluation papers
In some cases, additional certificates may be required, for example, about the composition of the family or the absence of debt for utilities, although this is more a requirement of realtors than appraisers. The main thing for the appraiser is the technical condition and legal status of the premises.
- 🆔 Customer's passport assessment (all pages with marks).
- 📄 Extract from the EGRN on the property.
- 🏠 Legal documents (contract, certificate).
- 📐 Technical passport or floor plan (preferably).
Term and cost of services
The statutory term of the assessment report shall be 6 months from the date of its preparation. This means that you must provide the document to the notary during this period. If more than six months have passed since the assessment, the notary has the right to request a new procedure.
The cost of appraiser services is not regulated by the state and is formed by the market. The price is affected by the urgency of the order, the type of property, the location of the property and the need for retrospective evaluation. On average, the market price varies from 3 to 10 thousand rubles per object.
Order the assessment in advance, but not too early. It is optimal to do this 2-3 weeks before the visit to the notary so that you have time to edit, if necessary.
The timeframe for preparing the document also depends on the workload of the company. The standard execution time is 3-5 working days. If necessary, you can order an express assessment in 1-2 days, but it will cost more.
⚠️ Caution: Cheap offers from untested firms may hide risks. If the price is significantly lower than the average market, check the availability of an appraiser in the register of Rosreestr.
How to Choose an Evaluation Company
The choice of the performer is a critical stage. A notary is not allowed to impose a specific valuation company, but can reject a report if it does not meet the standards. Therefore, it is important to choose organizations that are members of self-regulatory organizations (SROs) of valuators.
You can check the reliability of the company through the register of SRO members on the official website of the organization. There should be information about the current liability insurance policy of the appraiser. The absence of insurance makes the report legally void in case of errors.
The main criterion for choosing is the presence of a valid membership in the SRO and liability insurance, not a low price or speed of work.
Pay attention to the reviews and experience of the company with notarial reports. The specific requirements of notaries may differ from those of banks or courts. Experienced appraisers know which formulations and sections most often cause questions in the notary corps.
Frequently Asked Questions (FAQ)
Can I use the old apartment valuation for a notary?
Not if more than 6 months have passed since the date of writing. The notary will only accept the actual document. If the evaluation has been carried out for a long time, you will have to order a new procedure.
Is the owner present during the evaluation?
Physical inspection of the apartment by an appraiser is desirable, but not always mandatory. Often, photos and video links are enough, especially if the object is located in another city. However, for accuracy of the assessment, access to the room is better provided.
Who pays for the appraiser?
The services are paid by the customer of the report. In the case of inheritance, it is usually the heirs in proportion to their shares or by agreement of the parties. In sales transactions, the costs are often borne by the seller or the buyer by agreement.
Can a notary refuse to accept the report?
Yes, if the document is made with violations of FZ-135, does not contain mandatory details, signed by a person without a qualification certificate or its validity period has expired (6 months).
What to do if the cost in the report is not satisfied?
You have the right to contact another appraiser for an independent review. If there are doubts about the correctness of the calculations, you can challenge the result in court or through the dispute review commission at the SRO.