Sample real estate valuation report

A real estate examination for the court is a procedure that includes research on the issues raised and the expert’s conclusions on them. The examination is carried out at the initiative of the parties, or by decision of the judge. Construction examination of buildings and structures for the court, or real estate assessment for the consideration of disputes is carried out if special knowledge and conclusions are needed. The subject of assessment can be any property or share in the right. Expert studies can be carried out regarding the quality of construction and repairs, checking the validity of estimates and calculations, and on other issues. The initiator of these procedures can be the parties to the case or the judge.

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Read in the article how a property assessment or construction and technical examination is carried out for a court in Moscow, what specialists you need to contact, what document will be issued after the completion of the research.

What is a property examination for court?

Real estate disputes are one of the most common categories of litigation cases. Claims can be filed regarding rights to objects, to recover damages, to resolve boundary disputes, to divide property, and on many other issues. Since the court and the parties cannot have special knowledge in the field of real estate, construction and cadastre, examinations are carried out to obtain them.

The essence of forensic examination of real estate is as follows:

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• professional specialists (experts) are given certain questions to resolve and give opinions (for example, what is the market value of the object or repair, whether the building materials meet quality requirements);
• expert research can be ordered before going to court, or directly during the trial;
• Only specialists from public and private organizations who are members of SROs can carry out examinations and judicial assessments of property.

How to determine whether an independent or state appraisal examination is required, or whether other methods of proof can be used? It depends on the circumstances of the case and the nature of the claims. For example, appraising an apartment for the court under division is a mandatory procedure, since the amount of the state duty depends on the market value. The plaintiff must order an assessment before going to court. For other types of disputes, an examination may not be necessary if there are other materials and evidence in the case.

Expert commentary. A forensic construction examination in Moscow can be appointed as part of a criminal case. In this case, only experts from government agencies can give an opinion. The purpose of the research may be to determine the amount of damage from criminal acts, identify fraud or embezzlement when preparing estimates, and other issues. In civil and arbitration disputes, a forensic examination to determine market value can be carried out by independent experts.

A real estate examination may consist of examining the property, determining its market price, and giving opinions on other issues.

When is a construction or appraisal examination carried out for the court?

Appraisal, construction or technical examination of property in legal disputes can be carried out for the following purposes:

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• an assessment for a court in Moscow is carried out to calculate the state duty and determine the price of the claim, presenting property claims;
• the assessment of damage to an apartment for the court is carried out based on the facts of fires, floods, poor-quality repairs, and for other reasons;
• a forensic construction and technical examination in Moscow may be required to legitimize unauthorized construction, to make claims regarding the quality of construction and repairs, to determine the quality of construction and materials;
• You can assign an examination to check the validity of estimates and calculations, the authenticity of payment and reporting documents.

General information

A property appraisal report is evidentiary documentation that includes information about property and valuables transferred for storage or use from one enterprise to another. Valuables can be monetary, non-monetary, movable or immovable property. The former include not only currency, but also shares, shares, and precious metals.

The composition and execution of the assessment protocol is regulated by the Legislation of the Russian Federation ─ Order of the Ministry of Economic Development of Russia No. 299 dated May 20, 2015 (as amended on December 6, 2016). This Federal Standard applies to the appraisal work of various property that an organization transfers for free and paid use. Thus, the Order provides formulas for calculating technical characteristics, quantitative and qualitative indicators.

According to Art. 16 Federal Law No. 135 of July 29, 1998 (as amended on August 3, 2018), property can be assessed by independent experts who are not:

• relatives of the head of the enterprise;
• employee of the organization;
• stakeholders;
• the appraiser's insurer;
• affiliated with the customer.

Thus, specialized companies that are included in the register of members of self-regulatory organizations (SRO) can evaluate property.

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Types of examinations and research

The full list of examinations that can be carried out at the initiative of the parties or the court includes dozens of different studies. Below we will talk about the most common types of examinations that are appointed when considering civil disputes.

The infographic shows the main points related to conducting forensic examinations.

Forensic examination of real estate

A forensic examination of property is accompanied by the study of documents, visual inspections, and instrumental examination. Expert research can be carried out:

• to determine the percentage of completion of construction;
• to confirm that the contractor will comply with the requirements of design documentation, construction permits, regulations, SP and GOST;
• to check the quality of structures, construction and finishing materials;
• to confirm the safety and reliability of an unauthorized facility;
• to identify hidden damage that cannot be verified during visual inspections;
• to determine the causes of damage or destruction of an object or individual structures.

For each type of research, special methods, standards, and equipment are used. The choice will be made by the expert when he receives a court ruling with the questions posed and conducts a preliminary analysis of the subject of research. The final conclusion will indicate the rationale for this choice.

Expertise of real estate for the court. Questions to the expert.

Evgeny A.

Expert in the field of certification, cadastre, real estate and design. Higher legal education, more than 10 years of work experience.

Ask a Question

Question to the expert

If I win the trial, can I recover the costs of the examination from the defendant? What document is needed for this?

In order to recover the costs of assessment or examination from the defendant, you need to submit contracts and payment documents. The court has the right to check the reasonableness of the prices for the expert’s services.

Hello! Is it possible to conduct a real estate examination before the trial? Or is this only allowed by the judge's determination?

Both options are allowed. You can immediately attach a report or expert opinion to the statement of claim. A request for an examination can also be submitted in court proceedings.

Is it possible to appeal an expert opinion if it is obviously erroneous?

No. expert opinions are not subject to appeal. But it is possible to conduct a re-examination that will refute the initial conclusions.

Good afternoon Can a court examination be carried out for any property, even if it is not registered in the cadastral register?

Yes. an examination can be assigned and carried out for any object. Often, an expert opinion will be the basis for subsequent recording and registration of rights in Rosreestr.

Valuation of property for court

The examination of determining the market value can be carried out before filing a claim, or directly during the trial. The purpose of the assessment may be:

• determine the market value for subsequent division between the owners, calculate the price of the claim and state duty;
• determine the monetary compensation that one of the owners will receive when transferring the object to another owner (this is necessary when the object cannot be divided in kind);
• assess the amount of damage caused by flooding, fire, poor-quality repairs, and other actions.

List of documents for assessment

5. Information on state registration for the right of use with special authorities supervising operation (if applicable);

6. Certificate from the technical maintenance service confirming that the facility is ready for operation (or is in conservation, repair, or modernization);

7. Certificate from the chief mechanic service about the last major overhaul;

8. Layout of the workshop or site indicating the location of the machines and equipment being assessed;

9. Certificate on the amount of operating costs associated with the object (objects) of the assessment (for the last year, half-year or quarter) both in total and in terms of the following items:

expenses for maintenance and current repairs (wages of maintenance personnel, lubricants and other materials, spare parts, depreciation of control and other equipment and instruments, etc.);

expenses for major repairs;

power electricity costs;

costs of fuel, steam and other energy resources used to operate machinery and equipment;

depreciation of machinery and equipment;

expenses for universal and organizational equipment;

property tax;

insurance payments;

other expenses.

10. Certificate of expenses associated with the operation of the premises in which the assessed machinery and equipment are located (depreciation, rent, heating and lighting, property tax, maintenance and servicing of the building, etc.);

11. Certificate about the building or premises occupied by the machines and equipment being valued (total and production area, book value, nature and type of building, etc.);

12. The following information:

power equipment and power networks powering the equipment being assessed; parameters of foundations under the equipment being assessed;

characteristics of equipment closely related to the operation of the equipment being assessed (cranes, electric and trucks, conveyors, control devices, etc.); information from the production service about production capacity, actual use (load) of machinery and equipment;

additional information available to the Customer (on the property being assessed), which may affect the results of the appraisal work (including contracts for the purchase of imported equipment, etc.)

13. For the technological complex:

supply contracts (contract price for the supply of major units of equipment);

total cost of components (included with the main delivery);

terms of delivery (deciphering the cost of delivery to the place or to the border);

other expenses: delivery costs, customs duties, installation and setup costs, personnel training costs, etc.

14. Costs for constructing foundations for stationary equipment (if this information is not available, then the following information is required: general dimensions, material of manufacture and other parameters);

15. Condition of equipment (including accumulated wear and tear) in% according to the opinion of engineering services (if possible).

List of useful documents

Documents for download:

Timing and cost

Prices for examinations and assessments may vary significantly in different regions and cities. The cost of an assessment or construction and technical examination for a court in Moscow may be affected by the following factors:

• location of the object, its remoteness;
• characteristics and features of premises and buildings;
• subject of research;
• list and nature of questions posed to the expert;
• period of examination or assessment.

To calculate the cost, you need to provide the expert with the main documents on the essence of the dispute. The duration of forensic examinations cannot exceed 45 days. In practice, real estate valuation for the court takes no more than 3-5 days.

General rules for appointing an expert examination before going to court or during the process.

How does a property inspection take place?

If you have ordered an assessment of an apartment or house, then the work begins from afar. Do not forget that the cost consists of many factors, including the location of the house, infrastructure, and much more.

Since a legally correct report will subsequently be drawn up, photographic recording of all details will be very important. This can be done either by the appraiser himself or by a specially invited photographer. Sometimes such a specialist can take photographs on site independently; in the future, the appraiser will only need to visit the site to identify redevelopment.

Then the appraiser, based on all the data, determines the market value and gives you a package of documents. You can contact it with a bank or other organization where this assessment is required.

Our services

Smart Way specialists will help you obtain reports and opinions from appraisers and experts. We will also ensure the preparation of technical, design and operational documentation for real estate, if necessary to consider the dispute. You can ask our consultants any questions related to conducting expert research, receive clarifications and recommendations for further actions. You can find out about prices and terms of cooperation by calling the numbers listed on the website or using the feedback form.