135 FZ on the appraisal activity of the Russian Federation. On appraisal activities in the Russian Federation

Federal Law of July 29, 1998 N 135-FZ "On appraisal activities in the Russian Federation" with latest changes introduced by Federal Law of 28.11.2018 N 451-FZ, entered into force on October 1, 2019(ed. 49).

Foreword

Original text Federal law No. 135-FZ was published in the "Collected Legislation of the Russian Federation" 08/03/1998 (No. 31), " Russian newspaper"06.08.1998 (N 148-149).

Appraisal activity- professional activity of subjects of appraisal activity aimed at establishing market, cadastral or other value in relation to appraisal objects (Article 3 of Law No. 135-FZ).

Since the introduction of the law on appraisal activities, dozens of amendments have been made to it, the most important of which are the following:

SROO membership instead of a license

In 2006 excluded from the list of appraisers legal entities, the appraiser can be an individual.

Instead of licensing for appraisers, compulsory membership in the Self-Regulatory Organization of Appraisers (SROO) was introduced.

Self-Regulatory Organization of Appraisers- a non-profit organization created in order to regulate valuation activities and control the activities of its members in terms of their compliance with the requirements of this Federal Law, federal valuation standards, other regulatory legal acts of the Russian Federation in the field of valuation activities, standards and rules for valuation activities, business and professional ethics included in a single State Register self-regulatory organizations of appraisers and uniting appraisers on terms of membership (Article 22 of Law No. 135-FZ).

The Valuation Activity Law sets out the procedure and criteria for inclusion non-profit organization in the unified state register of self-regulatory organizations of appraisers, the functions of the SROO are named, the main rights and obligations of the SROO are indicated, a list of reasons for refusing to become a member of a self-regulatory organization is given.

Real estate cadastral valuation

In 2010, Law No. 135-FZ was supplemented with Chapter III.1 "State Cadastral Valuation", which contains provisions on the procedure for assessing the cadastral value of real estate, approving its results and challenging the results of determining the cadastral value.

For clarifications on the issues arising from the courts when considering cases on challenging the results of determining the cadastral value, see the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 30, 2015 N 28 "On some issues arising during the consideration of cases by courts on challenging the results of determining the cadastral value of real estate objects"

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ON EVALUATION ACTIVITIES IN THE RUSSIAN FEDERATION

Chapter I. General Provisions

Chapter II. Grounds for the implementation of valuation activities
and conditions for its implementation

Chapter III. Regulation of appraisal activities

Chapter IV. Final provisions

The president
Russian Federation
B. YELTSIN

The federal law on appraisal activity was adopted by the state to regulate and control the legal relations of the parties during the appraisal of subjects or objects. In addition, the law regulates the processes and activities carried out during the assessment.

General Provisions

The Law on Appraisal and Appraisal Activity was adopted The State Duma July 16, 1998, and approved by the Federation Council on July 17, 1998. It was last updated on July 29, 2017. The appraisal law consists of 4 chapters and 26 articles. This law controls and regulates the legal relationship between the parties to the transaction when evaluating objects, and also regulates the evaluation of objects belonging to individuals and legal entities, the state and subjects of Russia, municipal and government agencies, formations and bodies.

Summary of the Federal Law:

• The first chapter describes general provisions law. Other acts, bills and regulations governing the described area are given. Described are persons and institutions whose legal relations are governed by this law. Terms and concepts are described, subjects and objects of assessment are given. A list of the rights of state and municipal institutions to conduct an assessment of objects and entities belonging to them. Situations are described when the assessment of the market value of the object is only assumed and when the assessment must be carried out without fail;
• Chapter two describes the situations when the valuation activity in relation to objects and subjects is justified and legal. The conditions and requirements for the implementation of such activities have been formalized. A list of reasons is given and mandatory requirements... Describes the requirements for the assessment report. Methods for confirming the reliability of the report have been formalized. The method of filing a complaint about the information provided in the report, if the person considers it invalid, is described. Lists of the rights and obligations of the appraiser are given. Information is provided on the independence of legal entities and appraisers with whom contracts are concluded. 17 article 2 of chapter became invalid on July 27, 2006;
• Chapter number three describes the processes, methods and measures for regulating valuation activities. A list of functions and powers of state bodies to control the assessment activities is given. The standards of this area of ​​activity are described so that the standards can be used to control employees. All information and information on professional training of appraisers, their career growth, advanced training, authority and responsibility during the performance of duties. Described what is a self-regulatory organization, engaged in assessment, the goals and objectives of the organization, its functions and ways of carrying out activities. Register and record of such organizations. Chapter 3.1 describes and provides information on a separate category activities carried out by civil servants of the cadastral valuation;
• Chapter number four describes and analyzes 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.

Recent changes in the Federal Law on the Bar in new edition look

Latest amendments to the law

The latest amendments to the law of the Russian Federation on appraisal activities were made on July 29, 2017, with the adoption of Federal Law No. 274. Changes were made to Art. 24.18 the law on appraisal activities. This article describes the methods and processes for resolving disputes about appraisal activities on the cadastral value of an object or entity.

Also read the latest amendments to FZ 220

According to the latest amendment, changes have occurred in first part 24.18 of article ... This part describes that persons can challenge the results of the property appraisal, in cases where the rights and interests of these persons were affected, and public authorities can challenge the appraisal of real estate owned by the state. According to the changes, the words were added that the exceptions are the cases described in this Federal Law.

According to the last amendment, there was added 28 part 24.18 to article ... In this part it is written that federal state authorities or bodies local government can challenge the decision of the appraisal commission in relation to the land plot through the court. In cases where a 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 appraisal commission has been reduced, the authorities of the listed cities may 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 the 28th part is now considered the 29th, 29th is considered the 30th, and from the 30th to 32th part, respectively, shifted by 31 - 33. And in the 29th part after the words “In court” the phrase “on the grounds for their revision provided for in part eleven of this article” was added.

In Art. 24 of the Law on Appraisal Activity lists certain requirements for obtaining membership in a self-regulatory organization:

• The person must have a higher education or professional training in the described field of activity;
• The person must have a certificate with information about the acquired qualifications;
• A person should not have an outstanding criminal record, especially in the field of economics. There should also be no crimes of average gravity, grave or especially grave crimes.

In order to join and be a member of a self-regulatory organization, a person must provide documents on obtaining secondary and higher education, on the courses taken vocational training and other documents on obtaining knowledge in the field of appraisal activities. A certificate is also provided with information about the absence or presence of a criminal record. In a self-regulatory organization, documents are submitted 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 the organization:

• The citizen does not meet the requirements and conditions described above;
• A person cannot be admitted to any organization due to violations committed under this Federal Law, other Federal Laws or international treaties;
• The person does not match the requirements and conditions drawn up independently by a body in a self-regulatory organization.

In the event that an appraiser has been accepted by a self-regulatory organization and is recognized as a member, he can no longer join other such organizations. To join another institution, he needs to leave the one in which he is a member.

Download the new edition of the law on appraisal activities

Federal Law No. 135 was adopted by the State Duma to regulate legal relations between appraisers of objects and subjects and the owners of these objects and subjects. If a citizen believes that his rights were violated during the assessment or after receiving the report, then the person can apply either directly to the judicial authorities or to local government bodies (only in cases of land assessment). With the help of the described law, it is possible to achieve an increase in the assessment of the market value of the object. It is recommended that you study this law for a better outcome.

The law on appraisal activities had to be passed to resolve disputes

Federal Law 135 on appraisal activity is a base that has a long history of origin.

The need for the law is ensured by the development of economic ties between numerous subjects and the emergence of disputes in the process of resolving problems and emerging difficulties.

Navigating the article

The concept of valuation activity

Evaluation activity is professional, it involves the evaluation of objects that are tangible and intangible. At the same time, the interests of many parties who take part in the process are respected.

Over the course of a certain period of time, several main types of value have been formed in Russia:

• Market value - represented by the price, it is the most likely to buy a particular item. At the same time, all parties to the transaction are trying to get profit, and also have all the necessary information. In the context of these circumstances, the price may depend on many factors. Market value implies favorable conditions for each party. The object to be assessed is presented through an offer. All payments made are monetary and are paid in monetary terms.
• Investment value has several definitions, it is worth considering the main ones. It is a set of capital expenditures for the creation of a construction site. This is a row design work, acquisition costs land plot, installation, interior decoration and so on. Investment value is the price of a property for a specific investor. In this case, the cost is determined.
• Cadastral value - it is represented by an estimated amount that carries the usefulness of a plot of land used for its intended purpose.
• Liquidation value - implies the amount after liquidation, it is important for each participant in the transaction.

Thus, all types of value differ from each other, but each of them requires special attention in the conduct of valuation activities.

A competent approach to any type of value will allow an objective independent assessment that will be 100% responsible basic principles legislation.

All about appraisers

Appraisal activities are carried out by persons called appraisers, they are competent in this area and have a sufficient level of professionalism. When conducting assessment activities, there are several rules and procedures that are important to take into account.

There are a number of requirements assigned to the evaluator. So, this is an individual who meets certain qualifications. A complex legal entity must employ two or more specialists who are competent in this area. Insurance is carried out by such employees.

According to the law, an appraiser has the right to:

• Solve the situation independently, refer to various existing methods
• Be guided by the object and lead necessary work in an independent aspect, while leaving the possibility of attracting other persons
• Receive certain information necessary to conduct an objective and high-quality assessment
• Require information that will be needed for work, except for information that is a state secret
• When a refusal is received due to commercial or state secrets, the employee must mark this as the reason for the impossibility of continuing to work or the reason for issuing the necessary data
• If necessary, involve other specialists in the assessment process
• Appraisers reserve the right to refuse work, but only with confirmation of the fact that the data is insufficient, and other information cannot be provided by the state due to secrecy

If we talk about duties, then they are also available, and require compliance by the employee legislative framework regarding the assessment, as well as carrying out various works that will help clarify the situation.

Also, the assessment of certain objects involves the management of certain methods, criteria and principles that are always important to remember.

So, if a real estate object is being assessed, then the main criteria are its type (economic, residential, commercial), as well as location, the degree of infrastructure development and compliance with sanitary and fire safety standards.

In addition, the footage and other characteristics. If other property is assessed, then the parameters that determine its value are taken into account. For example, when evaluating antiques, the key is the country of manufacture, the presence of an impressive history, age, material of manufacture.

Valuation officers have a number of powers that are important to observe and take into account.

Methodology

Until 2006, activities in the Russian Federation had licenses, and documents were issued by special organizations to absolutely all persons who confirmed the level.

According to the legislation, licensing in this area has ceased, and the latest edition of Federal Law 135 on appraisal activities in the Russian Federation has taken a different form, with various innovations. On changing the law - in the video:

Regulation is carried out by the state. In addition, in the Russian Federation there is a national council, which was created in accordance with the legislation and is responsible for the principles and mechanisms of work. It carries the goal of performing certain tasks:

• Creating and shaping a common approach
• Focus and clear structure of the activities of specialists of any purpose
• Coordination of employee activities
• Creation of certain standards

In addition, in addition to the tasks solved by appraisers and other structures, both public and private, it is possible to single out the main methods of appraisal. It uses uniform principles and procedures that have been developed by numerous organizations over a long period of time.

In general, there are several main approaches to this event:

• Profitable. It combines the forecasting of income received from the use of the object, which will be created on the basis of available data.
• Expensive. Assumes the need to determine the future costs that will be needed for reproduction, as well as replacement. Consideration should be given to appraisal depreciation, obsolescence. As a consequence, costs may arise to create an exact copy of an object using certain technologies and tools. In this context, it is possible to single out the costs of a different nature that play important role in many processes.
• Comparative approach. This method also used quite often, represented by a combination of methods, they are based on comparing an object with others, those that contain more authentic and reliable information. These characteristics are decisive in assessing the value of a given object, since the final decision on the price depends on them.

Thus, each approach requires strict adherence to instructions and rules, and if applied correctly, it can give impressive results.

Fundamentals of legislation

Assessment is a qualitatively new stage in the development of infrastructure, and it appeared due to the fact that it became necessary to resolve market disputes, when the subjects themselves may not understand.

Soon, appraisal activity began to develop in many countries, as a methodological direction of the economy. For a long time in Russia there was no such profession as an appraiser, and the cost was estimated by the state, and it has always been so.

However, the economic situation stood at new way development, there was a need to improve some areas of activity, and the developing market required an independent objective assessment. But on the way to the development of this direction, numerous obstacles arose.

The profession as such was officially introduced in 1996, and since then the range of tasks solved by this employee has begun to expand significantly. In addition, there is room for growth in terms of conducting assessment activities, since it is necessary to create a special mechanism of work and establish a basis in terms of legislation and other areas.

It is important to weigh the situation, to correctly prioritize. In some periods, there were leaps in the situation, this is normal, because after the collapse of the USSR, the economy suffered victories and defeats, innovations appeared, they had to say goodbye to the old methods of housekeeping and accounting.

In the process of development of valuation activities, there was a need for narrow specialists

In addition, the real estate market has found itself in a new manifestation, which has caused the need to create conditions for the work of appraisers - specialists who have a narrow focus and are in great demand until now.

History has a good picture of change with the situation, but nowadays it is also possible to make improvements and innovate in this area.

The development of the new project and new methods was carried out by specialists from the government who are directly interested in improving the situation and in improving the main aspects.

Other structures were also involved in solving this issue, but it is very important to note that individuals and legal companies came to certain conclusions, and working through the state, created new bases. Thanks to this approach, it was possible to make an assessment with objects as reliably and smoothly as possible.

Since the law came into force, this contributes to the improvement of the base, and this condition is important for everything Russian market... The further development of this direction in a new aspect is important. FZ-135 on appraisal activity with the latest changes states that there have been some changes in the region, and they require a qualitatively new approach to considering some aspects of the activity.

Today, the main difficulty is the lack of professionalism of workers. The institution of objective assessment, which would be independent, is an important element for the development of an economy that is focused on meeting the needs of the population.

In the Russian Federation, the problem of competent calculation and determination of value was gradually growing, and, despite the recent training of a large number of personnel, there are many opportunities for further development. The main factor that had bad influence on the professional development of appraisal, is the awareness of companies that it is necessary to involve appraisers to solve many problems.

And, since there were various disputes in the field of sale and purchase, many wanted to avoid them. Thanks to the release of Law 135, these problems were partially eliminated, the appraisers had certain responsibilities, rights and obligations, but the procedure for work is not always clear and well-established, which requires systematization of the process.

In order to eliminate difficulties in modern development assessment, it is important to address a number of aspects:

• Consider tactical and strategic objectives for assessment and performance in general
• Choose the best options
• Implement measures to improve and increase objectivity
• Ask for help from competent specialists in this area
• Receive data on the current state of the market and follow it, directing forces to improve the situation

It can be noted that currently the legislation in this area and the appraisal activity itself in Russia is in the process of formation, that is, mechanisms are being developed aimed at the implementation of legal regulation.

And also the unification of assessment standards is being carried out, and other issues that are directly related to the conduct of assessment activities are being addressed.

It is very widely considered that evaluators are fully responsible for the results of the evaluation and for own activities because there is a risk of making a mistake and it is high.

If this happens, then customers will suffer damage, which can be quite large. In addition, according to the law, a company or an individual appraiser does not have reserve funds.

If a calculation error occurs, the client will be able to claim damages from the appraiser, and the appraiser is obliged to do this. The circumstances will otherwise be dealt with through legal action. As a result, this will lead to significant losses for all parties, cases of bankruptcy are not uncommon.

But there is a mechanism that clearly and fully ensures the protection of all parties to the transactions. It is represented by liability insurance, which, as already noted, plays an important role in the entire process.

The FZ 135 norm on appraisal activities has provisions that speak of, and is also aimed at protecting the interests of clients. This part is very important, as the law deals with the regulation of a new and complex area of ​​activity.

Therefore, the expediency of establishing the cost, which will become the minimum for insurance, is justified. If we compare the main approaches, as well as in Russia over the previous 50 years, it can be noted that in Russia the principles have remained practically unchanged.

Real estate appraisal is a demanded service when performing economic transactions

For this reason, the prospects for the appraisal of real estate and other objects are very important.

In order to provide quality development In the future, in this industry, it is necessary to develop measures aimed at eliminating the main difficulties and problems, as well as creating optimal conditions for conducting assessment activities, so that each employee can gain invaluable experience and skills in conducting activities, while improving the situation as a whole.

The appraisal of certain objects is very important when performing economic transactions, in this regard, it became necessary to conduct appraisal activities. In addition, it is worth emphasizing the importance of Federal Law 135, because thanks to it, the basic norms and provisions of the relationship between the parties involved in transactions have been established.

Ask your question in the form below

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 assessment community to Vladimir Putin with a request to reject the signing of the bill. The document is entered significant changes into law N 135-FZ "On appraisal activities in the Russian Federation".

Changes made to the law on appraisal activities:

• a compulsory qualification exam has been introduced;
• the obligatory examination by SROs of appraisal reports was canceled;
• the responsibility of the customer for providing data about the object of assessment was introduced;
• the powers of the Council for Appraisal Activity under the Ministry of Economic Development of Russia were changed.

Irina Vishnevskaya commented on the adoption of the law, general director Berkshire Advisory Group, NS Expert of the Working Body for Methodological Support and Expertise under the Council for Appraisal Activities of the Ministry of Economic Development of the Russian Federation, expert of the Working Body for the Protection of the Rights and Legal Interests of Appraisers and SROO of the Council for Appraisal 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 for its implementation 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 compulsory qualification examination for all appraisers. An appraiser who has higher education and / or has undergone professional retraining in the direction of assessment. Exam frequency - every three years... After successfully passing the test, the evaluator will be able to work only in the areas indicated in the qualification certificate.

Vladimir Oleinikov, Partner, Head of Financial Consulting, SRG Group, comments on the changes:

“In accordance with the new law, an appraiser can carry out appraisal activities only in the areas indicated in his qualification certificate. Thus, in the appraisal activity, several directions will be highlighted - the appraisal of movable property, the appraisal of real estate, the appraisal of the business, etc. Previously, for example, an equipment appraiser who had never appraised a business could sign a report on the appraisal of shareholdings without having the required level of competence. With the introduction of the certification measure in the areas, the appraiser will first have to confirm his expert level in the appraisal of a certain type of property, after which he will have the right to sign appraisal reports. "

You can retake the exam no earlier than after 90 days. Until an appraiser has a qualification certificate, he cannot become a member of an SROO, carry out appraisal activities and draw up appraisal reports.

“The compulsory exam means that the state has taken measures to clean up the market, as a result of which the number of appraisers in the country is expected to decrease from 20 thousand to about 4 thousand. Passing the exam will turn into a months-long "scourge", similar to how exams are held by auditors ", - 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 at least three years of work experience (experience) in the field of assessment. And of them at least a year - in the position of an appraiser assistant or appraiser.

Oleinikov Vladimir assesses the introduction of requirements for the appraiser's work experience positively:

“The introduction of this measure is absolutely justified and is an indicator of an increase in the status of the profession. Earlier, a university graduate who received a diploma in appraisal education, who did not have a year of practice in appraisal activity, could receive membership in an SRO and the status of an appraiser. Nothing prevented such an appraiser from signing reports on the appraisal of the most complex property with a market value of over several billion rubles. "

Which body will conduct the exam, how the qualifications will be assessed and in what areas are not specified in the Federal Law. It is worth noting that the lack of specifying specific directions creates the preconditions for splitting the profession into narrow specializations. Experts practicing the assessment of several types of property, obviously, will be forced to either take exams in all areas, or narrow the field of their professional activity... The consequence of the adoption of this bill will inevitably increase the financial burden on appraisers.

“This is unlikely to lead to an increase in the cost of services,” says Irina Vishnevskaya. The consolidation will also affect companies with a name. Most likely, we will see completely different players in the appraisal market in the next Expert RA rating ”.

The introduction of a compulsory qualification exam for appraisers was supported by Olga Kosets, President of the International Public Organization for Support and Protection of Small and Medium Business " Business people", municipal deputy of Moscow:

“I believe that the state, as an interested party, has the right to make clear requirements for the people who carry out the assessment. The compulsory exam will not only determine the level of qualifications, but 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 in a barrel of honey - damage the image of appraisers as a whole. Although I share the concern of some specialists who believe that it will be possible to pass the qualification certificate “for money”.

Recall that the issues of determining the level of competence and professionalism of appraisers have recently been actively discussed within the Council for professional qualifications financial market operating in order to fulfill the instructions of the President of Russia on the creation of an independent qualifications assessment system. The professional standard “Specialist in appraisal activity” has been developed. At the moment, the professional standard is being tested, as well as the development of assessment tools by the centers for assessing qualifications.

An 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 draft law states:

This version contradicts the position of the Constitutional Court of the Russian Federation, expressed in the ruling of June 29, 2004 No. 13-P and establishing that the norms of the law, which is specifically designed to regulate the relevant relations, are recognized as priority ones. In addition, this norm 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 by the new edition of 135-FZ) and voluntary (within the framework of the system of independent assessment of qualifications).

Cancellation of mandatory examination by SROs of appraisal reports

The decision to abolish the mandatory examination of SROs looks inconsistent: over the past few years, changes have been introduced aimed specifically at strengthening the responsibility of experts when conducting expert examinations of assessment reports.

2011-2013 - requirements for the level of knowledge of experts were developed and approved, a unified qualification exam was introduced to confirm their professionalism;

2014 year... - the responsibility of experts for possible losses to consumers has been increased to 5,000,000 rubles;

2015 year... - the subject of the examination has been changed: it has become the responsibility of the expert to check the appraisal report not only for its compliance with the requirements of the legislation, but also in terms of confirming the market value of the appraised object.

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 obligatory examination of appraisal self-regulating organizations, I expect a deterioration in the quality of services, due to the now uncontrolled appraisers, especially regional ones, where the quality of examination has significantly lagged behind the standards of the 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 imposed disciplinary action, especially in connection with the tightening of requirements under the disciplinary code of the SROO.
Given the massive privatization plan for 2016, a new threat is emerging. The expertise of the SRO, which was previously mandatory, is no longer required, and as a result, the pressure of the state customer on the appraisers, which has always been significant, but was limited by the argument that SROs will not miss the report, will disappear. Also, the self-regulation system, in addition to control functions, ensured the exchange of knowledge, training of appraisers. Now this will not happen. "

Olga Kosets, on the contrary, is confident in the usefulness of canceling the mandatory examination:

“My opinion is that the institute of SRO has not taken root in our country today, its creation is premature. We are not ready to unite in professional communities to achieve government goals. Most often, SROs are an additional gasket, as a result of which entrepreneurs incur additional costs. Compulsory examination, although it is free, has obvious signs of corruption, so its cancellation would be a positive factor. "

The state has long expressed dissatisfaction with the work of the SRO experts, however, it has been systematically solving this problem, increasing the responsibility of the experts. Now there is no compulsory examination at all. Who needs it? It is really difficult to ignore the fact pointed out by Irina Vishnevskaya: the abolition of the mandatory examination coincided with the upcoming large-scale privatization of state property.

Responsibility of the customer for providing data on the subject of assessment

The bill also contains positive changes, in particular, it introduces the customer's responsibility for providing data on the subject of assessment. Previously, the appraiser and the self-regulatory organization that carried out the examination were responsible for the objectivity of the assessment. However, the objectivity of the assessment, no doubt, is 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, this point is now enshrined in law. Previously, all responsibility for the objectivity of the assessment was assigned to the appraiser and the SRO, which performed the examination of the report. To create a transparent procedure for property transactions, especially when it comes on state and municipal property, the initial data for the appraisal received from the customer is a necessary point, ”notes Olga Kosets.

The changes regarding customer liability are undoubtedly positive. Alina Tukhvatullina, a lawyer at the FreshDoc.ru Document Designer, believes that this norm cannot be called absolutely new:

“Amendments to the law on appraisal activity mainly touch upon the issues of appraisers' liability. But something is also provided for the customer of the assessment; a separate article in the law (15.2) will finally be devoted to him. The rights and obligations of the customer are discussed; emphasizes, for example, the obligation of the customer to provide the appraiser with all the necessary information and documentation. The appraiser will now be able to directly appeal to the client's obligation to facilitate the appraisal in every possible way. This norm, most likely, cannot be called absolutely new; we are talking about clarifying the previously existing responsibilities. Indeed, even now the appraisers send the customer a request to provide information on the subject of appraisal, referring to Article 14 of the law on appraisal activities. But if now the provision of access to information that is a commercial secret depends on the goodwill of the customer, then the new law establishes a direct obligation for the customer to give access to documents that keep commercial secrets. Now, in practice, our clients prescribe access to trade secrets in a contract for the provision of appraisal services or in a separate confidentiality agreement. "

According to Irina Vishnevskaya, the changes regarding the customer's liability are unlikely to be fully applied:

“As for attempts to impose responsibility on the customer, I do not believe in the efficiency of this mechanism. If this is declared as a way to relieve the appraisers of the responsibility assigned to them for the need to recheck facts and data, we will continue to do so. "

Powers of the Council for Appraisal Activities under the Ministry of Economic Development of Russia

The powers of the Council for Appraisal Activities under the Ministry of Economic Development of Russia are excluded from the powers to consider draft regulatory legal acts of the Russian Federation in the field of appraisal activities and to submit recommendations for their approval.

“The Council for Appraisal Activity under the Ministry of Economic Development of Russia is now an optional body,” explains Irina Vishnevskaya. - Not clear yet next steps it is likely that the SROs will make an attempt to preserve it and legitimize the materials that are being developed there. "

The appraisal community fears that such changes may lead to a transition from self-regulation of appraisal activities (adoption of regulations taking into account the position of both the professional appraisal community and the opinion of consumers of appraisal services) to government regulation this area.

Most of the provisions of the Law come into force on July 01, 2017. However, the document contains a reservation: for members of the SRO (for persons who are members as of 01.01.2017):

• the norm that "an appraiser can carry out appraisal activities in the areas specified in the qualification certificate" will be applied from April 01, 2018;
• the norm establishing a prerequisite for membership in an SROO, in addition to the current requirements, namely "the presence of a qualification certificate", has been applied since April 01, 2018.

On June 10, NP SRO "SVOD" will hold a free open webinar dedicated to amendments to 135-FZ "On appraisal activities in the Russian Federation".

The note presents comparative analysis articles in the new and old editions, and you can track the changes by paying attention to the text on the right. You can download a full comparative analysis of the changes made at the bottom of the article.

On June 2, 2016, Federal Law 172 came into force, which amended the profile law on appraisal activity No. 135-FZ.

Amendments have been made to many articles, in particular those relating to the activities of self-regulatory organizations, expertise, membership in SROs, and passing the exam for obtaining a qualification certificate.

Information about certification and obtaining a qualification certificate will be the most interesting for you. Appraisers are interested in the procedure and conditions for passing the qualifying exam. Amendments to the law on appraisal activities will come into effect in stages, that is, first one block of amendments, then another, so I recommend that you study this law well in order to be prepared for subsequent changes and not miss anything.

To begin with, we have made amendments to article four 135 of the federal law, which speaks of the subject of appraisal activity: from July 1, 2017, an appraiser can carry out appraisal activities in accordance with the direction that will be indicated in his qualification certificate.

Old version

Changes

Article 4. Subjects of appraisal activity The subjects of appraisal activity are individuals who are members of one of the self-regulatory organizations of appraisers and who have insured their liability in in accordance with the requirements of this Federal Law (hereinafter - appraisers). An appraiser can carry out appraisal activities independently, engaging in private practice, as well as on the basis of an employment contract between an appraiser and a legal entity that meets the conditions established by Article 15.1 of this Federal Law.

Article 4 shall be supplemented with part three as follows: “An appraiser can carry out appraisal activities in the areas of specified in the qualification certificate» (comes into force on 01.07.17) For persons who are members of the SROO on 01.01.17, this part comes into force on 01.04.2018

Article 21 explains in detail what a qualification certificate is and what are the conditions for obtaining it:

Old version	Changes
Article 21. Professional training of appraisers Professional training for appraisers carried out by public or private educational institutions specially created for this purpose, or on the basis of faculties (departments, departments) of public or private educational institutions who have the right to carry out such training in accordance with the legislation of the Russian Federation	Article 21 shall be stated in the following wording: Professional training of appraisers is carried out educational organizations higher education for master's programs, professional retraining, advanced training "

The difference from the previous edition is that now professional education appraisers will be carried out by educational institutions of higher education under the Master's degree programs for professional development of professional development. This means that the education in the form of a bachelor's degree, which was previously allowed for appraisers, is no longer acceptable from June 2, 2016. Individuals who are completing a 4-year undergraduate appraisal professional education course should take care to improve their qualifications and undergo retraining. This condition is necessary both for passing the qualifying exam and for joining the self-regulatory organization of appraisers.

Old version

Changes

Article 21.1. Unified qualification exam A member of a self-regulatory organization of appraisers can be included in the expert council of a self-regulatory organization of appraisers only if they pass a unified qualification exam in accordance with the requirements for the level of knowledge presented by the federal assessment standard to an expert of a self-regulatory organization of appraisers. The requirements for the level of knowledge of an expert of a self-regulatory organization of appraisers are established by the federal appraisal standard. The unified qualification exam is conducted by educational institutions of higher education registered on the territory of the Russian Federation and accredited by the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers. The list of examination questions for the unified qualification exam, the procedure and conditions for the accreditation of educational institutions of higher education that conduct the unified qualification exam, the procedure for holding and passing the unified qualification exam, including the procedure for filing and considering appeals, are approved by the authorized federal body that performs regulatory functions. legal regulation of appraisal activities. For taking the unified qualification exam, an applicant may be charged a fee, the amount and procedure for collecting which are established by educational institutions of higher education that conduct the unified qualification exam. The maximum amount of the fee charged to the applicant for taking the unified qualification exam is established by the authorized federal body exercising the functions of normative legal regulation of appraisal activities.

Article 21.1 shall be stated in the following edition: A qualification exam in the field of appraisal activity (hereinafter referred to as the qualification exam) is conducted by an authorized body of the Government of the Russian Federation (hereinafter referred to as the body authorized to conduct the qualification exam) in order to confirm the level of qualifications. The list of examination questions for the qualification exam is formed by the body authorized to conduct the qualification exam. The procedure for the formation of the list of examination questions, the conduct and delivery of the qualification exam, which provides, inter alia, the procedure for the applicant's participation in the qualification exam, the procedure for determining the results of the qualification exam, the procedure for filing and considering appeals, is approved by the authorized federal body exercising the functions of legal regulation of valuation activities ... For taking a qualifying exam, an applicant may be charged a fee, the amount and procedure for collecting which are established by the body authorized to conduct the qualifying exam. The maximum amount of the fee charged to the applicant for taking the qualification exam is established by the authorized federal body exercising the functions of legal regulation of valuation activities. An applicant who has received a higher education and (or) professional retraining in the field of appraisal is admitted to the qualification exam. The applicant is allowed to re-pass the qualification exam no earlier than after ninety days.

As for the unified qualification examination, the legislator has outlined in general terms how this will be carried out. At the moment, it is safe to divide the order of the exam into two conditional blocks.

First block directly related to admission to the qualification exam: here the requirements will be in education, which should be higher or professional retraining in the field of assessment activities.

Second block these are the conditions for the issuance of a qualification certificate, here requirements will be imposed on the length of service

It is difficult to imagine how this rule will be implemented in practice for young specialists, because there is no experience of passing exams. The answer to this question will be updated in this article as the relevant information becomes available.

The qualification exam is conducted by a body authorized by the government of the Russian Federation. This body authorized to conduct the exam is entrusted with the functions of developing a list of exam questions, charging fees for passing the exam, the procedure for holding the qualifying exam, the procedure for filing an appeal for the applicant's participation and the procedure for determining the results. Today this ministry economic development RF, presumably this ministry, will establish the basic rules according to which the exam will be taken, as well as the form of the qualification certificate, the number of these forms, the directions that will be indicated in the qualification certificate.

If the attempt is unsuccessful, the evaluator will be able to retake the exam only after 90 days. You need to take this fact into account, since for members of the SROO who are in the register, the requirement for a qualification certificate comes into effect from April 1, 2018. That is, in the period from July 1, 2017, when the need to pass the exam and have a qualification certificate comes into force, by April 1, 2018, appraisers will have to pass the exam and submit a copy of the qualification certificate to the self-regulatory organization of which they are a member. In case of an unsuccessful attempt to pass the exam, the evaluators get no more than three attempts, and only if they retake the exam every day.

The legislator prescribed in the new version of the law the refusal to issue a qualification certificate in the event that the education of the person does not correspond necessary conditions, or his experience does not correspond to the experience that is presented to him. And this may become clear after the assessor has passed the exam. To exclude such unpleasant consequences, you will need to have confirmed by the necessary records in work book experience, which is required by law. Supporting documents can also be employment contracts either part-time or at the main place of work. The qualification certificate is issued for a period of 3 years, and after 3 years the evaluator must take the exam again.

Old version

Changes

Article 14. Rights of the appraiser The appraiser has the right: independently apply methods for assessing the subject of assessment in accordance with the assessment standards; demand from the customer when conducting mandatory assessment of the subject of assessment to ensure access in full to the documentation necessary for the implementation of this assessment; receive explanations and additional information necessary for the implementation of this assessment; to request, in writing or orally, from third parties the information necessary for the assessment of the subject of assessment, with the exception of information that is a state or commercial secret; in case the refusal to provide the specified information significantly affects the reliability of the appraisal of the appraisal object, the appraiser indicates this in the report; involve, as necessary, on a contractual basis, other appraisers or other specialists to participate in the appraisal of the appraisal object; refuse to assess the subject of assessment in cases where the customer has violated the terms of the contract, did not provide the necessary information about the object of appraisal or did not provide the working conditions corresponding to the contract; claim reimbursement of expenses related to the appraisal of the appraisal object, and monetary remuneration for the appraisal of the appraisal object as determined by the court, arbitration court or arbitration tribunal.

Article 14 shall be supplemented with the following paragraph: "Voluntarily suspend the right to carry out valuation activities on personal statement sent to the self-regulatory organization of appraisers, in the manner established by the internal documents of the self-regulatory organization of appraisers "

Article 14, which speaks about the rights of an appraiser, includes the right of an appraiser to voluntarily suspend their appraisal activities. Based on the meaning of the law, the suspension of the right to carry out valuation activities is not equal to the suspension of the membership rights of a self-regulatory organization, with all the ensuing consequences. That is, the appraisers continue to remain in the register, the contribution to the compensation fund remains for them, simply due to some life circumstances, they may temporarily not carry out appraisal activities, as they declare to their SROO. But at the same time, they continue to pay membership fees, since they do not cease to be members of a self-regulatory organization of appraisers, and bear all the duties and rights that members of a self-regulatory organization have.

Old version	Changes
Article 24. Requirements for membership in a self-regulatory organization of appraisers 2. Mandatory conditions membership in a self-regulatory organization of appraisers are:	in article 24: a) part two shall be supplemented with the following paragraph: “availability of a qualification certificate”;
9. The membership of the appraiser in the self-regulatory organization of appraisers is terminated collegial governing body self-regulatory organization of appraisers based on: appraiser's statements of withdrawal from the members of the self-regulatory organization of appraisers; approval by the collegial governing body of the self-regulatory organization of appraisers of the decision to exclude a person from the members of the self-regulatory organization of appraisers.	b) in the first paragraph of part nine, the word "appraiser" shall be deleted c) supplement with new parts ten and eleven as follows: “Membership of a person in a self-regulatory organization of appraisers cannot be terminated before the end of the audit in case of receipt of a complaint against the said self-regulatory organization, if in relation to a member of the self-regulatory organization the organization of appraisers is inspected or is considering a case on the application of a disciplinary measure, and in case of violations - until the end of the consideration by the disciplinary committee of the case on the violation and the application of disciplinary action. A record of termination of membership in a self-regulatory organization of appraisers is entered into the register of members of a self-regulatory organization of appraisers also in case of admission to a self-regulatory organization of information evaluators, confirming the death of a member self-regulatory organization of appraisers ”;

Pay attention to article 24, a new provision has been introduced here that if an appraiser wants to voluntarily terminate his membership in a self-regulatory organization of appraisers, by writing a statement about this, then he can terminate this membership. If he does not have a complaint that was received against him before he wrote an application, there is no disciplinary procedure against him and if he has no arrears in payment of membership fees to the self-regulatory organization. And if earlier this was the practice that many self-regulatory organizations used when prescribing the conditions for suspension of membership in their regulations, now it is legally enshrined and has a binding norm.

A clarifying amendment has been made to Article 15.1 - legal entities that carry out appraisal activities are now called appraisal companies.

Old version

Changes

Article 15. Rights and obligations of the customer grades - previously absent

to add article 15 2 as follows: When carrying out the assessment, the customer of the assessment has the right: demand and receive from the appraisal company, appraiser, a justification of the conclusions based on the appraisal results; receive from the appraisal company, appraiser appraisal report within the period established by the contract for the appraisal; exercise other rights arising from the contract for the assessment. When conducting an assessment, the customer of the assessment is obliged to: assist the appraisal company, to the appraiser in the timely and complete conduct of the appraisal, create appropriate conditions for this, provide the necessary information and documentation, give at the verbal or written request of the appraisal company, appraiser comprehensive explanations and verbal and written confirmation, as well as request the information necessary for the assessment from third parties; do not take any action aimed at concealing (restriction of access) information and documentation requested by the appraisal company, appraiser. Availability in requested by the appraisal company, an appraiser to conduct an appraisal information and documentation of information containing commercial secrets cannot be grounds for refusing to provide them; timely pay for the services of the appraisal company, appraiser in accordance with the contract for the appraisal, including if the results of the appraisal do not agree with the position of the appraiser; comply with the requirements of this Federal law, federal valuation standards and other obligations arising from the contract for the assessment

Old version

Changes

Article 16.2. Expert of the self-regulatory organization of appraisers An expert of a self-regulatory organization of appraisers - a member of the expert council of a self-regulatory organization of appraisers is a member of a self-regulatory organization of appraisers who has passed a unified qualification exam and was elected to the expert council of a self-regulatory organization of appraisers by a general meeting of members of a self-regulatory organization of appraisers.

in Article 16.2 the words “member self-regulatory organization of appraisers who passed the unified qualification exam and was elected "shall be replaced by the words" the person who passed the qualifying examination in the field of appraisal and elected "