Federal Law of July 29, 1998 135 Federal Law. On valuation activities in the Russian Federation
The Federal Law on Valuation Activities was adopted by the state to regulate and control the legal relations of the parties during the assessment of subjects or objects. In addition, the law regulates the processes and activities carried out during the assessment.
General provisions
The Law on Assessment and Valuation Activities was adopted by the State Duma on July 16, 1998, and approved by the Federation Council on July 17, 1998. The last changes to it were made on July 29, 2017. The Valuation Law consists of 4 chapters and 26 articles. This law controls and regulates the legal relations between the parties to a transaction when assessing objects, and also regulates the assessment of objects owned by individuals and legal entities, the state and constituent entities of Russia, municipal and state institutions, entities and bodies.
Summary of the Federal Law:
- The first chapter describes the general provisions of the law. Other acts, bills and regulations regulating the described area are given. The persons and institutions whose legal relations are regulated by this law are described. Terms and concepts are described, subjects and objects of assessment are given. A list of the rights of state and municipal institutions to conduct assessments of objects and entities belonging to them is given. Situations are described when the assessment of the market value of an object is only assumed and when the assessment must be carried out;
- Chapter two describes situations when evaluative activity in relation to objects and subjects is justified and legal. The conditions and requirements for carrying out such activities have been drawn up. A list of grounds and mandatory requirements is given. The requirements for the assessment report are described. Methods for confirming the accuracy of the report have been drawn up. The method for filing a complaint about the information provided in the report is described if a person considers it invalid. Lists of rights and responsibilities of the appraiser are given. Information is provided on the independence of legal entities and appraisers with whom contracts are concluded. Article 17 of Chapter 2 became invalid on July 27, 2006;
- Chapter number three describes the processes, methods and measures for regulating assessment activities. A list of functions and powers of government bodies to control assessment activities is given. The standards of this field of activity are described so that the standards can be used to control employees. All information and information on the professional training of appraisers, their career growth, advanced training, powers and responsibilities during the performance of duties has been compiled. It describes what a self-regulatory organization engaged in assessment is, the goals and objectives of the organization, its functions and methods of carrying out its activities. Register and accounting of such organizations. Chapter 3.1 describes and formalizes information about a separate category of activities carried out by civil servants of cadastral valuation;
- Chapter number four describes and analyzes the additional and final provisions, conditions, and requirements of the law.
This described area is regulated not only by Federal Law 135, but also by other Federal laws and international treaties of the Russian Federation.
For the latest changes to the Federal Law on Advocacy in the new edition, see
Latest amendments made to the law
The latest amendments to the Russian law on valuation activities were made on July 29, 2017, with the adoption of Federal Law No. 274. Changes were made to Art. 24.18 Law on Valuation Activities. This article describes the methods and processes for considering disputes regarding valuation activities based on the cadastral value of an object or subject.
Also check out the latest changes to Federal Law 220
According to the latest amendment, the changes occurred in first part 24.18 of article . This part describes that persons can challenge the results of property assessment in cases where the rights and interests of these persons were affected, and government authorities can challenge the assessment of real estate owned by the state. According to the amendments, words were added that the cases described in this Federal Law are considered exceptions.
According to the latest amendment, there was added 28 part 24.18 article . This part states that federal government bodies or local government bodies can challenge the decision of the assessment commission in relation to a land plot through the court. In cases where the land plot is located on the territory of Moscow, Sevastopol or St. Petersburg and the person who owns the plot reports that the market value determined by the assessment commission has been reduced, the authorities of the listed cities can file a lawsuit against the commission.
According to the fact that a new part 28 appeared in Article 24.18, the numbering has shifted and part 28 is now considered the 29th, 29 is considered the 30th, and from parts 30 to 32, accordingly, it has shifted to 31 - 33. And in 29, the part after the words “in court” the phrase “on the grounds for their review provided for in part eleven of this article” was added.
In Art. 24 of the Law on Valuation Activities lists certain requirements for obtaining membership in a self-regulatory organization:
- The person must have higher education or professional training in the described field of activity;
- The person must have a certificate with information about the qualifications obtained;
- The person must not have outstanding criminal records, especially in the economic sphere. There should also be no crimes of moderate gravity, serious or especially serious crimes.
In order to join and be a member of a self-regulatory organization, a person is required to provide documents on receipt of secondary and higher education, completed professional training courses and other documents on acquiring knowledge in the field of valuation activities. A certificate with information about the absence or presence of a criminal record is also provided. In a self-regulatory organization, documents are provided to a collegial body, which determines whether a person has the right to become a member of the company.
Reasons for refusing a person to join an organization:
- The citizen does not meet the requirements and conditions described above;
- A person cannot be accepted into any organization due to violations committed under this Federal Law, other Federal Laws or international treaties;
- The person does not comply with the requirements and conditions drawn up independently by the body in the self-regulatory organization.
If the appraiser has been accepted by a self-regulatory organization and recognized as its member, he can no longer join other such organizations. To join another institution, he must leave the one in which he is a member.
Download the new version of the law on valuation activities
Federal Law No. 135 was adopted by the State Duma to regulate legal relations between appraisers of objects and entities and the owners of these objects and entities. If a citizen believes that his rights were violated during the assessment or after receiving the report, the person can contact either the judicial authorities immediately or the local government authorities (only in cases of assessment of land plots). With the help of the described law, it is possible to achieve an increase in the assessment of the market value of the object. To achieve the best outcome, it is recommended to study this law.
Federal Law No. 172-FZ “On amendments to certain legislative acts of the Russian Federation” signed by the President of Russia, despite numerous appeals from the evaluation community to Vladimir Putin with a request to reject the signing of the bill. The document introduces significant changes to Law No. 135-FZ “On Valuation Activities in the Russian Federation”.
Changes made to the law on valuation activities:
- a mandatory qualification exam was introduced;
- mandatory examination of assessment reports by SROs has been cancelled;
- the responsibility of the customer for providing data about the object of assessment has been introduced;
- The powers of the Council for Valuation Activities under the Ministry of Economic Development of Russia have been changed.
The adoption of the law was commented on by Irina Vishnevskaya, General DirectorBerkshire Advisory Group, uh expert of the Working Body for Methodological Support and Expertise under the Council for Valuation Activities of the Ministry of Economic Development of the Russian Federation, expert of the Working Body for the Protection of the Rights and Legitimate Interests of Appraisers and SROO of the Council for Valuation Activities of the Ministry of Economic Development of the Russian Federation:
“This is a law that has already been signed by the President of the Russian Federation, and to implement it, everyone will have to start working in a new way. A new era of work in the industry has begun. Reboot".
Mandatory qualifying exam. For all
The bill establishes a mandatory qualification exam for all appraisers. An appraiser who has a higher education and/or has undergone professional retraining in the field of assessment is allowed to take the exam. Frequency of taking the exam - once every three years. After successfully passing the tests, the appraiser will be able to work only in the areas specified in the qualification certificate.
The changes are commented on by Vladimir Oleynikov, Partner, Head of Financial Consulting at the SRG Group of Companies:
“In accordance with the new law, an appraiser can carry out appraisal activities only in the areas specified in his qualification certificate. Thus, several areas will be highlighted in valuation activities - valuation of movable property, valuation of real estate, business valuation, etc. Previously, for example, an equipment appraiser who had never valued a business could sign a report on the valuation of shareholdings without having the necessary level of competence. With the introduction of the certification measure in the areas, the appraiser will first have to confirm his expert level in assessing property of a certain type, after which he will receive the right to sign appraisal reports.”
You can retake the exam no earlier than after 90 days. While the appraiser does not have a qualification certificate, he cannot become a member of the SROO, carry out appraisal activities and prepare appraisal reports.
“The mandatory exam means that the government has taken measures to clean up the market, as a result of which the number of appraisers in the country is expected to be reduced from 20 thousand to about 4 thousand. Passing the exam will turn into a months-long “scourge”, similar to how exams for auditors pass,” comments Irina Vishnevskaya.
A qualification certificate is issued by a body authorized to conduct a qualification exam, provided that the applicant has passed the exam and also has work experience in the field of assessment for at least three years. Moreover, at least a year of them - in the position of assistant appraiser or appraiser.
Vladimir Oleynikov evaluates the introduction of requirements for appraiser experience positively:
“The introduction of this measure is absolutely justified and is an indicator of increasing the status of the profession. Previously, a university graduate who received a diploma in appraisal education and did not have a year of practice in appraisal activities could obtain membership in the SRO and the status of an appraiser. Nothing prevented such an appraiser from signing reports on the valuation of the most complex property with a market value of over several billion rubles.”
Which body will conduct the exam, how qualifications will be assessed and in what areas is not specified in the Federal Law. It is worth noting that the lack of specific directions creates the preconditions for fragmenting the profession into narrow specializations. Specialists who practice valuation of several types of property will obviously be forced to either take exams in all areas or narrow the scope of their professional activities. The consequence of the adoption of this bill will inevitably be an increase in the financial burden on appraisers.
“This is unlikely to lead to an increase in the cost of services,” notes Irina Vishnevskaya, “rather, it means the limit of the market: firms of 1-2 people, existing as “showcases” on the Internet, will merge. The consolidation will also affect companies with a name. Most likely, in the next Expert RA rating we will see completely different players in the valuation market.”
The introduction of a mandatory qualification exam for appraisers was supported by Olga Kosets, president of the local public organization for the support and protection of small and medium-sized businesses "Business People", a municipal deputy of Moscow:
“I believe that the state, as an interested party, has the right to make clear demands on the people carrying out the assessment. A mandatory exam will not only determine the level of qualifications, but will also stimulate the acquisition of the appropriate level of knowledge. The resistance and indignation of the expert community in this case is incomprehensible to me. If only because unscrupulous market participants, like a fly in the ointment, damage the image of appraisers as a whole. Although I share the concerns of some specialists who believe that it will be possible to pass the qualification certificate “for money.”
Let us recall that the issues of determining the level of competence and professionalism of appraisers have recently been actively discussed within the framework of the Council for Professional Qualifications of the Financial Market, which acts to fulfill the instructions of the President of Russia on the creation of a system of independent assessment of qualifications. The professional standard “Specialist in Valuation Activities” has been developed. Currently, the professional standard is being tested, as well as the development of assessment tools by qualification assessment centers.
Independent assessment of qualifications will be regulated by a special Federal Law “On Independent Assessment of Qualifications” (draft federal law No. 1029618-6). Part 3 of Article 1 of the bill states:
This wording contradicts the position of the Constitutional Court of the Russian Federation, expressed in Resolution No. 13-P of June 29, 2004, which establishes that the norms of the law that are specifically designed to regulate the relevant relations are recognized as priority. In addition, this provision of the draft law allows for the priority of other regulatory legal acts of the Russian Federation over the law, which does not correspond to the constitutional principle of the supremacy of federal laws.
It is still difficult to say in what form the two systems for assessing the qualifications of appraisers will coexist: mandatory (provided for in the new edition of 135-FZ) and voluntary (within the framework of the system of independent assessment of qualifications).
Cancellation of mandatory examination by SRO of assessment reports
The decision to abolish the mandatory examination of SROs seems inconsistent: over the past few years, changes have been introduced aimed specifically at strengthening the responsibility of experts when conducting examinations of assessment reports.
2011-2013 - requirements for the level of knowledge of experts have been developed and approved, a unified qualification exam has been introduced to confirm their professionalism;
2014. - the liability of experts for possible losses to consumers has been increased to RUB 5,000,000;
2015. - the subject of the examination was changed: the expert’s responsibility became to check the assessment report not only for its compliance with the requirements of the law, but also in terms of confirming the market value of the subject of assessment.
Irina Vishnevskaya believes that the abolition of mandatory examination will inevitably lead to a decrease in the quality of assessment reports:
“Due to the abolition of the mandatory examination of appraisal SROs, I expect a deterioration in the quality of services, due to the now lack of control of appraisers, especially regional ones, where the quality of examination previously lagged significantly behind the standards of market leaders - large Moscow and St. Petersburg companies. As a result, we will see an increase in the number of complaints from consumers of services and disciplinary sanctions imposed, especially in connection with the tightening of requirements under the disciplinary code of the SROO.
Given the large-scale privatization plan for 2016, a new threat is emerging. The examination of SROs, which was previously mandatory, is no longer required, and as a result, the pressure of the state customer on appraisers, which has always been significant, but was limited by the argument that the SROs will not miss the report, will disappear. Also, the self-regulation system, in addition to control functions, ensured the exchange of knowledge and training of appraisers. This won't happen now."
Olga Kosets, on the contrary, is confident in the usefulness of abolishing the mandatory examination:
“My opinion is that the SRO institution has not taken root in our country today; its creation is premature. We are not ready to unite into professional communities to achieve government goals. Most often, SROs are an additional layer, as a result of which entrepreneurs incur additional costs. Mandatory examination, although free, has obvious signs of corruption, so its abolition would be a positive factor.”
The state has long expressed dissatisfaction with the work of SRO experts, but systematically solved this problem by increasing the responsibility of experts. Now there is no mandatory examination at all. Who needed it? It is really difficult to ignore the fact that Irina Vishnevskaya pointed out: the abolition of mandatory examination coincided with the upcoming large-scale privatization of state property.
Responsibility of the customer for providing data about the object of assessment
The bill also contains positive changes, in particular, it introduces the responsibility of the customer for providing data about the object of assessment. Previously, the appraiser and the self-regulatory organization that performed the examination were responsible for the objectivity of the assessment. However, the objectivity of the assessment is, without a doubt, significantly influenced by the completeness and reliability of the initial information, which in some cases was very problematic to learn from the customer.
“Any transaction involves the responsibility of two parties - the customer and the contractor, and it is this point that is now enshrined in law. Previously, all responsibility for the objectivity of the assessment was assigned to the appraiser and the SRO that performed the examination of the report. To create a transparent procedure for transactions with property, especially when it comes to state and municipal property, the initial data for the assessment received from the customer is a necessary point,” notes Olga Kosets.
The changes regarding customer responsibility are undoubtedly positive. Alina Tukhvatullina, lawyer at Document Constructor FreshDoc.ru, believes that this norm cannot be called completely new:
“Amendments to the law on valuation activities mainly address issues of liability of appraisers. But something is also provided about the customer of the assessment; a separate article in the law will finally be devoted to him (15.2). The rights and obligations of the customer are stipulated; highlights, for example, the customer’s obligation to provide the appraiser with all the necessary information and documentation. Now the appraiser will be able to directly appeal to the customer’s obligation to fully facilitate the assessment. This norm most likely cannot be called absolutely new; we are talking about clarifying previously existing responsibilities. After all, even now appraisers send a request to the customer to provide information on the object of assessment, citing Article 14 of the law on appraisal activities. But if now the provision of access to information that is a trade secret depends on the goodwill of the customer, then the new law establishes the direct obligation of the customer to provide access to documents containing a trade secret. Now in practice, our clients specify access to trade secrets in the agreement for the provision of appraisal services or in a separate confidentiality agreement.”
According to Irina Vishnevskaya, changes regarding customer responsibility are unlikely to be fully applied:
“As for attempts to place responsibility on the customer, I do not believe in the functionality of this mechanism. If this is presented as a way to relieve appraisers of their responsibility to double-check facts and data, we will continue to do so.”
Powers of the Council for Valuation Activities under the Ministry of Economic Development of Russia
The authority to review draft regulatory legal acts of the Russian Federation in the field of appraisal activities and submit recommendations for their approval is excluded from the powers of the Council for Valuation Activities under the Ministry of Economic Development of Russia.
“The Council for Valuation Activities under the Ministry of Economic Development of Russia is now an optional body,” explains Irina Vishnevskaya. “Further actions are still unclear; the SROO will probably make an attempt to preserve it and legitimize the materials that are being developed there.”
The appraisal community fears that such changes could lead to a transition from self-regulation of appraisal activities (the adoption of regulations taking into account the position of both the professional appraisal community and the opinions of consumers of appraisal services) to state regulation of this area.
Most of the provisions of the Law come into force on July 1, 2017. However, the document contains a reservation: for members of the SROO (for persons who are members as of 01/01/2017):
- the rule that “the appraiser can carry out appraisal activities in the areas specified in the qualification certificate” will be applied from April 1, 2018;
- the norm establishing a mandatory condition for membership in the SROO, in addition to the current requirements, namely “the presence of a qualification certificate”, has been applied since April 1, 2018.
On June 10, NP SRO "SVOD" will hold a free open webinar on changes to Federal Law 135 "On Valuation Activities in the Russian Federation."
The final document drawn up based on the results of determining the value of the appraised object, regardless of the type of value determined, is the assessment report of the appraised object (hereinafter also referred to as the report).
The report is prepared on paper and (or) in the form of an electronic document in accordance with the requirements of federal valuation standards, regulatory legal acts of the authorized federal body that carries out the functions of legal regulation of valuation activities.
The report must not be ambiguous or misleading. The report must indicate the date of the assessment of the assessment object, the assessment standards used, the goals and objectives of the assessment of the assessment object, as well as other information necessary for a complete and unambiguous interpretation of the results of the assessment of the assessment object reflected in the report.
The report must indicate:
Date of preparation and serial number of the report;
The basis for the appraiser’s assessment of the property being assessed;
Information about the appraiser or appraisers who carried out the assessment, including last name, first name and (if any) patronymic, contact telephone number, postal address, e-mail address of the appraiser and information about the appraiser’s membership in a self-regulatory organization of appraisers;
Information about the independence of the legal entity with which the appraiser entered into an employment contract, and the appraiser in accordance with the requirements of Article 16 of this Federal Law;
Purpose of the assessment;
An exact description of the valuation object, and in relation to the valuation object owned by a legal entity - details of the legal entity and, if available, the book value of this valuation object;
Valuation standards for determining the value of the valuation object, a list of data used in the assessment of the valuation object, indicating the sources of their receipt, assumptions adopted when assessing the valuation object;
The sequence of determining the value of the valuation object and its final value, restrictions and limits of application of the result obtained;
Date of determination of the value of the valuation object;
A list of documents used by the appraiser and establishing the quantitative and qualitative characteristics of the appraisal object.
The report may also contain other information that, in the opinion of the appraiser, is essential for the complete reflection of the method used by him to calculate the value of a particular appraisal object.
To carry out the assessment of certain types of objects of assessment, the legislation of the Russian Federation may provide for special reporting forms.
The report must be numbered page by page, bound (except when the report is prepared in the form of an electronic document), signed by the appraiser or appraisers who conducted the appraisal, and also affixed with the personal seal of the appraiser or appraisers or the seal of the legal entity with whom the appraiser or appraisers entered into an employment contract.
A report drawn up in the form of an electronic document must be signed with an enhanced qualified electronic signature in accordance with the legislation of the Russian Federation.
In cases provided for by this Federal Law, regulatory legal acts of the authorized federal body performing the functions of normative and legal regulation of appraisal activities, the report is subject to publication in the manner established by the authorized federal body exercising functions of normative and legal regulation of appraisal activities.
Judicial practice under Article 11 of the Federal Law of July 29, 1998 No. 135-FZ
Decision of May 6, 2019 in case No. A65-39133/2018
Arbitration Court of the Republic of Tatarstan (AC of the Republic of Tatarstan)
Comparison with other participants in the applicant’s procurement. By the decision of the defendant in case No. 05-16/2018, the applicant and JSC TATAVTODOR were found to have violated the requirements of clause 3, part 4 of art. 11 of the Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition” (hereinafter referred to as the Law on the Protection of Competition), the achievement of an anti-competitive agreement, which led to the creation of other business entities...
Decision No. 3A-293/2019 3A-293/2019~M-178/2019 M-178/2019 dated April 29, 2019 in case No. 3A-293/2019
Krasnoyarsk Regional Court (Krasnoyarsk Territory) - Civil and administrative
Since the difference between the market value of the land plot with cadastral number No. and the cadastral value was 90.9%, the design and content of the assessment report did not meet the requirements of Article 11 of the Federal Law of July 29, 1998 No. 135-FZ “On Valuation Activities in the Russian Federation”. The demands of the administrative plaintiff to impose the obligation to enter into the Unified State Register...
Decision No. 3A-1050/2019 3A-1050/2019~M-604/2019 M-604/2019 dated April 29, 2019 in case No. 3A-1050/2019
There is on the date as of which its cadastral value is established, is fully consistent with the provisions of Articles 400-402 of the Tax Code of the Russian Federation, Articles 11, 12, 24.15 and 24.18 of the Federal Law of July 29, 1998 No. 135-FZ “On Valuation activities in the Russian Federation", by virtue of which the federal legislator, introducing...
Decision of April 29, 2019 in case No. A33-6094/2019
Arbitration Court of the Krasnoyarsk Territory (AC of the Krasnoyarsk Territory)
The above-mentioned appeal, in connection with the identification of the actions of MKDOU “Kindergarten No. 6 “Rodnichok” and IP Sidorchuk L.V. signs of violation of paragraph 3 of part 4 of Article 11 of the Federal Law of July 26, 2006 No. 135-Federal Law of July 26, 2006 No. 135-FZ (hereinafter referred to as the Federal Law of July 26, 2006 No. 135-FZ), expressed...
Decision No. 3A-685/2019 3A-685/2019~M-203/2019 M-203/2019 dated April 29, 2019 in case No. 3A-685/2019
Samara Regional Court (Samara Region) - Civil and administrative
The application to establish the cadastral value of a land plot of equal market value is fully consistent with the provisions of Articles 65 and 66 of the Land Code of the Russian Federation, Articles 11, 12, 24.15 and 24.18 of the Federal Law of July 29, 1998 No. 135-FZ “On Valuation Activities in the Russian Federation”. Federation”, by virtue of which the federal legislator, introducing...
Decision No. 3A-268/2019 3A-268/2019~M-66/2019 M-66/2019 dated April 29, 2019 in case No. 3A-268/2019
Tula Regional Court (Tula Region) - Civil and administrative
In the Unified State Register of Real Estate as of January 1 of the year, which is the tax period, taking into account the features provided for in this article. Law of the Tula region dated 20.11. 2014 No. 2219-ZTO established a single date for the start of application in the Tula region of the procedure for determining the tax base for the property tax of individuals based on the cadastral value...
Decision No. 3A-135/2019 3A-135/2019~M-49/2019 M-49/2019 dated April 29, 2019 in case No. 3A-135/2019
Stavropol Regional Court (Stavropol Territory) - Civil and administrative
Losses of the municipal budget, replenished by tax payments, the amount of which is calculated based on the cadastral value. According to the administrative plaintiff, the appraiser’s report does not comply with the requirements of Article 11 of Law No. 135-FZ “On Valuation Activities in the Russian Federation” and the Federal Valuation Standards (FSO). Thus, from the assessment report dated August 10, 2018 No. 0110/18, ...
Topic 14: “Basic provisions of the Federal Law of the Russian Federation of July 29, 1998 No. 135-FZ “On valuation activities in the Russian Federation”
The law gives the following definitions:
appraisal activity – professional activity of subjects of valuation activities aimed at establishing market, cadastral or other value in relation to objects of assessment.
subjects of valuation activities (appraisers)– individuals who are members of one of the self-regulatory organizations of appraisers and who have insured their liability in accordance with the requirements of Federal Law No. 135. An appraiser can carry out appraisal activities independently, while engaged in private practice, as well as on the basis of an employment contract between the appraiser and a legal entity.
The objects of assessment include:
individual material objects (things);
the totality of things that constitute a person’s property, including property of a certain type (movable or immovable, including enterprises);
ownership and other real rights to property or individual items from the property;
rights of claim, obligations (debts);
works, services, information;
other objects of civil rights in respect of which the legislation of the Russian Federation establishes the possibility of their participation in civil circulation.
Federal Law No. 135 specifically notes that in the event that a normative legal act containing a requirement for the mandatory assessment of any valuation object, or in an agreement on the valuation of a valuation object, does not specify a specific type of value of the valuation object, the market value of this object must be determined. This rule is also subject to application in the case of the use in a normative legal act of terms not provided for by this Federal Law or valuation standards that define the type of value of the valuation object, including the terms “true value”, “reasonable value”, “equivalent value”, “real value” "and others.
The law also stipulates cases in which the assessment of objects being assessed is mandatory , namely, in the case of involvement in the transaction of valuation objects owned in whole or in part by the Russian Federation, constituent entities of the Russian Federation or municipalities, including:
when nationalizing property;
for mortgage lending to individuals and legal entities in cases of disputes regarding the value of the subject of the mortgage;
when drawing up marriage contracts and dividing the property of divorcing spouses at the request of one of the parties or both parties in the event of a dispute about the value of this property;
upon redemption or other seizure of property from owners for state or municipal needs provided for by the legislation of the Russian Federation;
when assessing objects of assessment in order to monitor the correctness of payment of taxes in the event of a dispute regarding the calculation of the taxable base.
for the purpose of their privatization, transfer to trust management or lease;
as a collateral;
upon sale or other alienation of valuation objects;
upon assignment of debt obligations associated with the objects of assessment;
when transferring objects of assessment as a contribution to authorized capitals, funds of legal entities,
in the event of a dispute about the value of the property being assessed, including:
The law defines the grounds for assessing the subject of assessment - an agreement for the assessment of objects concluded by the customer with the appraiser or with a legal entity with which the appraiser entered into an employment contract.
In cases provided for by the legislation of the Russian Federation, an assessment of the object of assessment, including a repeated assessment, can be carried out by the appraiser on the basis of a ruling of a court, arbitration court, arbitration court, as well as by decision of an authorized body. The court, arbitration court, arbitration tribunal are independent in choosing an appraiser.
The law establishes mandatory requirements for an assessment agreement, namely:
The agreement for the assessment is concluded in simple written form.
The assessment agreement must contain:
object of assessment;
type of property value (method of valuation);
the amount of monetary remuneration for conducting the assessment;
information on compulsory insurance of civil liability of the appraiser;
the name of the self-regulatory organization of appraisers, of which the appraiser is a member, and the location of this organization;
an indication of the standards of assessment activities that will be applied during the assessment;
an indication of the amount, procedure and grounds for the occurrence of additional liability of the appraiser in relation to the liability established by civil law.
The agreement for the assessment concluded by the customer with a legal entity must indicate information about the appraiser or appraisers who will conduct the assessment, including the last name, first name, and patronymic of the appraiser or appraisers.
An agreement for the assessment of both a single object and a number of objects must contain an exact indication of this object or these objects, as well as a description of this object or these objects.
The law defines OGeneral requirements for the content of the report on the assessment of the subject of assessment:
Must not be ambiguous or misleading. The report must indicate the date of the assessment of the assessment object, the assessment standards used, the goals and objectives of the assessment of the assessment object, and also provide other information that is necessary for a complete and unambiguous interpretation of the results of the assessment of the assessment object reflected in the report.
If, during the assessment of the assessed object, it is not the market value that is determined, but other types of value, the report must indicate the criteria for establishing the valuation of the assessed object and the reasons for deviation from the possibility of determining the market value of the assessed object.
The report must indicate:
date of preparation and serial number of the report;
the basis for the appraiser’s assessment of the appraisal object;
location of the appraiser and information about the appraiser’s membership in a self-regulatory organization of appraisers;
an exact description of the valuation object, and in relation to the valuation object belonging to a legal entity - details of the legal entity and the book value of this valuation object;
valuation standards for determining the appropriate type of value of the valuation object, justification for their use when assessing this valuation object, a list of data used in the assessment of the valuation object, indicating the sources of their receipt, as well as assumptions adopted when assessing the valuation object;
the sequence of determining the value of the valuation object and its final value, as well as the restrictions and limits of application of the result obtained;
date of determination of the value of the valuation object;
a list of documents used by the appraiser and establishing the quantitative and qualitative characteristics of the appraisal object.
The report may also contain other information that, in the opinion of the appraiser, is essential for the completeness of the reflection of the method used by him for calculating the value of a particular appraisal object.
The report must be numbered page by page, bound, signed by the appraiser or appraisers who conducted the appraisal, and also affixed with the personal seal of the appraiser or the seal of the legal entity with which the appraiser or appraisers entered into an employment contract.
The law establishesappraiser's rabbi. The appraiser has the right:
apply independently methods for assessing the subject of assessment in accordance with assessment standards;
require the customer, when conducting a mandatory assessment of the assessment object, to provide full access to the documentation necessary to carry out this assessment;
receive clarifications and additional information necessary to carry out this assessment;
request in writing or orally from third parties information necessary to conduct an assessment of the subject of assessment, with the exception of information that is a state or commercial secret; if the refusal to provide the specified information significantly affects the reliability of the assessment of the object being assessed, the appraiser indicates this in the report;
involve, as necessary, on a contractual basis, other appraisers or other specialists in the assessment of the object being assessed;
refuse to carry out an assessment of the assessment object in cases where the customer violated the terms of the contract, did not provide the necessary information about the assessment object, or did not provide working conditions consistent with the contract;
demand reimbursement of expenses associated with the assessment of the subject of assessment, and monetary remuneration for carrying out the assessment of the subject of assessment, as determined by a court, arbitration court or arbitration tribunal.
The law defines the responsibilities of the appraiser. The appraiser is obliged:
be a member of one of the self-regulatory organizations of appraisers;
when carrying out appraisal activities, comply with the requirements of Federal Law No. 135-FZ, other federal laws and other regulatory legal acts of the Russian Federation, federal appraisal standards, as well as standards and rules for appraisal activities approved by the self-regulatory organization of appraisers, of which he is a member;
comply with the rules of business and professional ethics established by the self-regulatory organization of appraisers, of which he is a member, and also pay the fees established by such a self-regulatory organization of appraisers;
inform the customer or legal entity with whom he has entered into an employment contract about the impossibility of his participation in the assessment due to the occurrence of circumstances that impede an objective assessment;
ensure the safety of documents received from the customer and third parties during the assessment;
provide the customer with information about membership in a self-regulatory organization of appraisers;
provide the self-regulatory organization of appraisers with information about the legal entity with which he has entered into an employment contract, as well as information about any changes to this information;
provide, at the request of the customer, an insurance policy and an education document confirming receipt of professional knowledge in the field of valuation activities;
not to disclose confidential information received from the customer during the assessment, except in cases provided for by the legislation of the Russian Federation;
in cases provided for by the legislation of the Russian Federation, provide copies of stored reports or the information contained therein to law enforcement, judicial, and other authorized government bodies upon their request;
at the request of the customer, provide an extract from the register of members of the self-regulatory organization of appraisers, of which he is a member, certified by a self-regulatory organization of appraisers.
The law defines the independence of an appraiser. He establishes that the valuation of an appraisal object cannot be carried out by an appraiser if he is a founder, owner, shareholder, officer or employee of a legal entity - a customer, a person who has a property interest in the appraisal object, or is closely related or related to these persons.
Conducting an assessment of the assessment object is not allowed if:
in relation to the object of assessment, the appraiser has property or liability rights outside the contract;
the appraiser is a participant (member) or creditor of a legal entity - the customer, or such legal entity is a creditor or insurer of the appraiser.
Interference by the customer or other interested parties in the activities of the appraiser is not allowed if this may negatively affect the reliability of the result of the assessment of the property being assessed, including limiting the range of issues to be clarified or determined during the assessment of the property being assessed.
The amount of payment to the appraiser for conducting an assessment of the property being assessed cannot depend on the final value of the property being assessed.
A legal entity does not have the right to enter into an agreement to conduct an assessment with a customer in cases where it has a property interest in the object of assessment and (or) is an affiliate of the customer, as well as in other cases established by the legislation of the Russian Federation. The amount of monetary remuneration for conducting an assessment of the property being assessed cannot depend on the final value of the property being assessed.
The law gives the concept of a self-regulatory organization of appraisers - a non-profit organization created for the purpose of regulating and monitoring appraisal activities, included in the unified state register of self-regulatory organizations of appraisers and uniting appraisers on membership terms.
The status of a self-regulatory organization of appraisers is acquired by a non-profit organization from the date of its inclusion in the unified state register of self-regulatory organizations of appraisers.
The basis for inclusion of a non-profit organization in the unified state register of self-regulatory organizations of appraisers is its fulfillment of the following requirements:
association within such an organization as its members of at least three hundred individuals who meet the requirements established by Federal Law No. 135;
the presence of a compensation fund, which is formed from contributions of its members in cash in the amount established by Federal Law No. 135;
the presence of a collegial governing body;
availability of standards and rules for valuation activities.
Employees of a self-regulatory organization of appraisers are not entitled to carry out appraisal activities.
The law establishes requirements for membership in a self-regulatory organization of appraisers:
An appraiser can simultaneously be a member of only one self-regulatory organization of appraisers.
To become a member of a self-regulatory organization of appraisers, an individual submits:
a document on education confirming the receipt of professional knowledge in the field of valuation activities in accordance with educational programs of higher professional education, additional professional education or professional retraining programs for specialists in the field of valuation activities;
a certificate of absence of unexpunged or outstanding convictions for crimes in the economic sphere, as well as for crimes of average gravity, serious and especially serious crimes.
The law stipulates the cases and conditions for ensuring property liability when carrying out appraisal activities:
Losses caused to the customer who entered into an appraisal agreement, or property damage caused to third parties as a result of the use of the final value of the market or other value of the appraisal object specified in the report signed by the appraiser or appraisers, are subject to compensation in full at the expense of the property of the appraiser or appraisers, who through their actions (inaction) caused losses or property damage during the implementation of appraisal activities, or at the expense of the property of a legal entity with which the appraiser entered into an employment contract.
A legal entity with which the appraiser has entered into an employment contract may indicate in the appraisal contract the conditions for assuming an obligation to additionally ensure the appraiser’s obligation to compensate for losses caused to the customer who entered into the appraisal contract, or property damage caused to third parties.
In order to ensure the property liability of members of a self-regulatory organization of appraisers to the customer and (or) third parties who have entered into an agreement to conduct an assessment, the self-regulatory organization of appraisers is obliged to impose requirements on its members to use the following types of security for such liability:
conclusion of a contract of compulsory insurance of the appraiser's liability when carrying out appraisal activities, the amount of the insurance amount in which cannot be less than three hundred thousand rubles;
formation of a compensation fund for a self-regulatory organization of appraisers, to which each member of the self-regulatory organization of appraisers must make a mandatory contribution of at least thirty thousand rubles.
Topic No. 15: “Public management of real estate”