One of the key objectives of the proposed amendments is to create conditions for attracting experienced performers to the assessment of state property.
This is necessary to get rid of fly-by-night companies that win contracts through dumping. It will be possible to attract both appraisal companies and private appraisers to evaluate such property, the Ministry of Economic Development noted.
It is important that appraisers meet the specified criteria. For example, the appraiser’s activities should not cause any criticism for the last three years. According to the new rules, the experience of companies involved in the assessment of state property must be at least five years.
The bill also expands the grounds for compensation for damages for poor quality services. The scheme for obtaining compensation for the consumer has been streamlined, and the sequence of actions has been determined. Payment of compensation is proposed primarily through the insurance of appraisal companies, while its minimum level is increased from 5 to 10 million rubles, and then through the insurance of the appraisers themselves – from 300 thousand rubles per appraiser. If these funds are not enough, then at the expense of the compensation fund of the self-regulatory organization (SRO), in which the appraisers belong. It is proposed to create additional conditions to increase the level of control by the SRO. In general, the changes are aimed at supporting the appraisal services industry and protecting consumers, First Deputy Minister of Economic Development of the Russian Federation Ilya Torosov noted in an interview with RG.
Ilya Eduardovich, at what stage is the bill now?
Ilya Torosov: The draft amendments to the law on valuation activities were adopted in the first reading at a meeting of the State Duma on July 25 of this year. The bill is currently being finalized.
How in practice can additional control over appraisers be exercised by SROs?
Ilya Torosov: Control over the activities of appraisers is one of the main functions of SRO appraisers.
Control is carried out both in a planned manner – scheduled inspections at least once every three years and no more than once a year, and as part of unscheduled inspections – when a complaint is received about the actions or inaction of an appraiser, or when violations of the appraiser’s activities are identified by employees of the appraiser’s SRO.
The Law on Valuation Activities gives the right to SROs of appraisers, through their internal documents, to provide for other grounds for conducting an unscheduled inspection.
The market must be rid of dumping fly-by-night companies
In practice, the SRO of appraisers carries out constant monitoring, including the presence of a qualification certificate in the field of appraisal activities, the absence of unexpunged or outstanding convictions for crimes in the economic sphere, for crimes of moderate gravity, serious and especially serious crimes. The SRO monitors the availability of appraiser liability insurance and the timely provision of information about the reports signed by them. When violations are detected, the SRO of appraisers forms a case on the application of disciplinary measures, which is considered by the disciplinary committee of the SRO of appraisers.
Ilya Torosov: We constantly monitor the appraisal services market. Photo: RIA Novosti
How will compensation be paid in case of poor quality service?
Ilya Torosov: To pay compensation, a mechanism is provided for the property liability of appraisal service providers – liability insurance of the appraisal company entering into an appraisal agreement, the appraiser signing the appraisal report, the formation of a compensation fund for the SRO of appraisers, of which the appraiser is a member. In this case, the amount of compensation is determined by the court.
How will the compensation fund be created? Will it involve payments from appraisal companies?
Ilya Torosov: The compensation fund of SRO appraisers is formed from contributions from its members.
The presence of a compensation fund is one of the requirements for inclusion of a non-profit organization in the unified state register of SRO appraisers.
The minimum size of the compensation fund is calculated as the product of the number of members of the SRO of appraisers and the amount of the mandatory contribution to the compensation fund.
Appraisal companies do not pay contributions to the compensation fund of the SRO of appraisers, since they are not its members.
Experienced and conscientious specialists must evaluate state property
Are there enough experienced appraisers on the market who meet the criteria specified in the bill?
Ilya Torosov: The Russian Ministry of Economic Development conducts constant monitoring of the appraisal services market. There is currently no reason for a shortage of personnel in this area.
What documents should bona fide private appraisers now have to confirm their qualifications?
Ilya Torosov: To confirm qualifications and work experience, a privately practicing appraiser must provide copies of executed contracts and (or) acceptance certificates for services provided, as well as an extract from the register of members of the self-regulatory organization of appraisers, of which he is a member, confirming the absence of disciplinary sanctions and court decisions during the established period.
6 thousand legal entities involved in assessment work today in Russia
How many appraisal companies operate on the Russian market today?
Ilya Torosov: According to Rosreestr, as of the end of the second quarter of 2024, the number of legal entities that meet the requirements for an appraisal company is more than six thousand.
The presence of a compensation fund is one of the requirements for inclusion of a non-profit organization in the unified state register of SRO appraisers. Photo: Sergey Mikheev
CIS market
Regulation of valuation activities in Belarus and Kazakhstan
According to media reports, the State Property Committee of the Republic of Belarus this year revised the requirements for the quantitative and qualitative composition of appraisal performers, the presence of administrative penalties and negative expert opinions. New criteria have been developed for including appraisers in the list of assessment performers and the list of performers of assessment reliability assessment. The assessment of state property can be carried out by state organizations, organizations whose share of state property in the authorized capital is more than 50 percent, as well as organizations of the BelCCI.
And in the Republic of Kazakhstan, appraisers may be required to obtain higher education. A new draft law is being developed, according to which all appraisers who received a certificate from July 12, 2018 are required to receive a diploma of appropriate education by January 1, 2028. In countries with a developed market for appraisal services, for example, in order to appraise a work of art or a relic, a specialist must have a specialized higher education. Other valuable items, equipment and technology should also be assessed by professionals in these fields.
Infographics “RG” / Alexander Chistov / Alena Uzbekova
Source: rg.ru
