(Unofficial translation)

 

Edict of the President of the Republic of Belarus

No 667 of December 27, 2007

[Amended as of September 24, 2015]

On Seizure and Allotment of Land Plots

 

With a view of improving the regulation of relationships in the sphere of land protection and use in the territory of the Republic of Belarus, including the order of allotment of land plots when selling immovable property owned by the state, extending the powers of local executive committees in considering the issues of seizure and allotment of the land plots:

1. To establish that:

1.1. land plots are allotted:

to citizens on the right of temporary use, lifetime hereditable possession, private ownership or lease;

to individual entrepreneurs, on the right of lease;

to legal persons of the Republic of Belarus, on the right of permanent or temporary use, private ownership or lease, to legal persons – not being residents of the Republic of Belarus – on the right of lease.

The kind of the real right on which a land plot may be allotted shall be determined in accordance with the legislative acts depending on purposes of its use and with regard to requirements of this Edict;

1.2. the seizure and allotment of land plots, with exception of those specified in indent 1 of part 1 of clause 2 of this Edict, shall be exercised, unless otherwise provided by the President of the Republic of Belarus, by:

rural, settlement executive committees – in respect of the lands within the boundaries of rural settlements, urban-type settlements - to citizens for construction and/or maintenance of a single-unit, multi-unit dwelling house, for construction (installation) of temporary individual garages (to certain categories of citizens of the Republic of Belarus in accordance with the legislation), for maintenance of personal subsidiary husbandry, vegetable gardening, haying and livestock grazing;

district executive committees – out of lands within the boundaries of the districts, for maintenance of capital constructions (buildings, structures), unfinished capital constructions prepared for preservation, for construction and/or maintenance of road service objects and engineering and transport infrastructure for them, for the purposes related to the forestry, agriculture, including peasant's (farmer's) husbandry, and also subsidiary agriculture, traditional handicraft, collective gardening, country cottage construction, peat digging; and also out of lands within the boundaries of cities being administrative centres of districts, rural settlements, urban-type settlements, country cottage cooperatives, gardening partnerships, with the exception of the lands in respect to which the decision shall be made by the Minsk City, city (for region-subordinated or district-subordinated cities)rural, settlement executive committees and also from reserve lands;

the Minsk City Executive Committee and city (of region-subordinated or district-subordinated cities) executive committees – out of the lands within the boundaries of Minsk and region-subordinated or district-subordinated cities;

regional executive committees – out of the lands within the boundaries of the region, with the exception of the lands in respect of which the decision shall be made by the Minsk City, city (of region-subordinated or district-subordinated cities), district, rural, settlement executive committees;

administrations of free economic zones –  to residents of the respective free economic zones, special tourist and recreational parks the management body of which is the administration of the free economic zone, within the boundaries of those zones, parks (if this right was delegated by the corresponding regional, Minsk City, city (of region-subordinated, district-subordinated cities) and district executive committees).

Simultaneously with a decision taking on seizure and allotment of land plots, the regional, Minsk City, city (of region-subordinated or district-subordinated cities), district executive committees, administrations of the free economic zones, in accordance with their competence on seizure and allotment of land plots, exercise, if necessary, the transfer of land plots from one category to another.

In this instance, administrations of free economic zones exercise the actions specified in part 2 of this sub-clause in the case when the right to transfer the land plots was delegated to them in the established order by the respective regional, Minsk City, city (of region-subordinated, district-subordinated cities) and district executive committees. If such a right has not been delegated to administrations of free economic zones, than, after their taking decisions on seizure and allotment of land plots, the transfer of such land plots from one categories to other is performed the respective regional, Minsk City, city (of region-subordinated, district-subordinated cities) and district executive committees. In this instance, the administration of the free economic zone shall send a written notice about the necessity of the transfer of land plots being seized and allotted from one category to another to a respective executive committee within 3 working days after taking the decision.

The decisions on seizure and allotment of the land plots, on assignment of lands to certain categories and types, on transfer thereof from one category and type to another, made by the state bodies in the order established by legislation prior to the entry into force of this Edict remain effective;

1.3. seizure and/or allotment of the land plots are carried out for:

placement of important defence and/or military objects – in the order established by the legislative acts;

placement of diplomatic missions, missions, equated thereto in status, of the international organizations and consular offices of foreign states in the Republic of Belarus – in accordance with this Edict, unless otherwise established by other acts of the President of the Republic of Belarus and/or treaties of the Republic of Belarus;

1.4. allotment of the land plots being in private ownership for lease shall be exercised in accordance with the civil legislation.

1.5. in the event when the seizure and allotment of a land plot fall within the  competence of different state bodies (local executive committees, administrations of free economic zones, the decision on seizure and allotment of that plot may be taken by the local executive committee (administration of the free economic zone) within the competence of which fall the allotment of the land plot, with the exception of the seizure and allotment of land plots in accordance with clause 2 of this Edict.

11. Persons to which land plots are allocated from agricultural lands, lands of the forestry fund for the purposes nor related to the agriculture and/or forestry, or are allowed to construct subterranean line structures (gas pipelines, oil pipelines, electric power lines, communications lines and other structures) within the period of up to one and half year without seizure of land plots are obliged to reimburse losses of agricultural and/or forestry production related to the seizure of such land plots, to construction of subterranean line structures, with the exception of cases provided in parts two – five of this clause. The order for determining amounts of losses of agricultural and/or forestry production to be reimbursed are established by the Council of Ministers of the Republic of Belarus, unless otherwise established b y the President of the Republic of Belarus.

When land plots from agricultural lands are being seized for their use for the purposes not related to agriculture, persons to which these land plots are allocated may commit themselves with the obligation to ensure, instead of reimbursement of losses of agricultural production related to the seizure of land plots from agricultural lands, within two years from the day of adoption of the decision about seizure and allotment of a land plot, the development of design and estimate documentation on reclamation of lands not used in agriculture, the area of which is equal to those being seized and to perform works within the mentioned period on inclusion of these land into circulation as agricultural. In the event if the sums of reimbursement of losses of agricultural production related to the seizure of land plots from agricultural lands exceed the cost of development of design and estimate documentation on reclamation of lands not used in agriculture and of performance of works on inclusion these lands into circulation as agricultural lands, persons who committed themselves with the mentioned obligations are also obliged to reimburse the sums of losses of agricultural production in the amount of the part being wanted.

In the event of non-fulfillment, within the time limit specified in part two of this clause, of the obligation on development of design and estimate documentation on reclamation of lands not used in agriculture, the area of which is equal to those being seized, and performance of works on inclusion of these land into circulation as agricultural lands, the sum of losses of agricultural production are subject to be recollected in the indisputable order to the republican budget with accrual of the interest in the amount of the refinancing rate established by the National bank on the date of collection.

Losses of agricultural production are not reimbursed when agricultural lands are being seized:

for construction of reclamation systems intended for irrigation and drying of land for agricultural purposes;

for construction of piscicultural organizations (with the exception of seizure of arable lands, lands under permanent cultures, meadow lands, on which works have been performed on their radical amelioration);

for construction and maintenance of residential houses, objects of healthcare (hospitals (clinics), polyclinics, ambulatories and feldsher-midwife stations, dispensaries, medical emergency and blood transfusion stations, nursing care hospitals, specialize treatment centers, orphanages and maternity homes) and rendering social services (education and upbringing, cultural-enlightenment (clubs, culture palaces and houses, libraries, museums, monuments, memorial complexes, art studios), consumer services), religious (cultic) services, funeral places, and also  engineering and transport infrastructure objects for residential houses and mentioned objects;

for public roads construction;

for construction of road service objects and engineering and transport infrastructure therefor, situated in the roadside strip (in the controlled zone) of republican motor roads or on a land plot a part of which is in the roadside strip (in the controlled zone), and the other part is abutted to the roadside strip (in the controlled zone) of republican motor roads;

for construction of structures and barriers necessary for protection of the State Border of the Republic of Belarus within the limits of the border zone and border strip;

for fortification belt of the State Border of the Republic of Belarus, installation, protection and maintenance in sound condition of border marks;

for digging sapropels as fertilizers and peat as fuel and fertilizers, and also for construction of objects necessary for digging thereof;

for storage and drying of lignin for manufacturing fuel;

for creation of highly protected natural territories;

when allotting, in the established order, land plots from agricultural lands to state forestry institutions, organizations subordinated to local executive and administrative bodies the competence of which includes holding recreational forestry;

for creation of water reservoirs when constructing hydroelectric power stations;

when allotting land plots from agricultural lands into temporary use or lease for construction of electric power lines and communications lines (with the exception of land plots intended for installation of supporting poles) if that construction is carried out within the time limits agreed upon with land users for the lands of which the land plots are being seized, which ensure unhampered performance of agricultural works;

for collective gardening and country cottage construction;

for implementation of investments projects by residents the Special Tourist and Recreational Park “Avgustovski Canal” within the limits of the park;

for implementation of investments projects by residents of free economic zones within the limits of free economic zones. Residents of free economic zones registered till January 1, 2012 have the right to apply this preference when land plots are allotted from January 1, 2017;

in other cases determined by the President of the Republic of Belarus.

Losses of forestry production are not reimbursed when lands of the forestry fund are being seized in the cases specified in indents four – nine, eleven, thirteen, fifteen – seventeen of part four of this clause and also:

for needs related to conducting agriculture;

for expansion of clearances for overhead electric power lines by the height of trees and shrubs* on each side from outer wires. Lists overhead electric power lines falling under expansion of clearances are approved by organizations servicing overhead electric power lines as agree upon with legal persons conducting forest husbandry;

in other cases determined by the President of the Republic of Belarus.

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*The height of trees and shrubs means the average height of forest trees prevailing according to reserves being in the overstory, increased by 10 percent, having regard to their prospective growth within 25 years.

2. Seizure and allotment of the land plots out of the agricultural lands intended for agricultural use, the lands intended for conservation, recreation, historical and cultural purposes, the forest lands of the forest resources for the purposes not related to the intended purposes of those lands, and also the transfer of such lands to other categories upon their seizure and allocation shall be exercised by the regional and Minsk City executive committees, administrations of free economic zones (if that right is delegated to them by the regional and Minsk City executive committees) with observance of requirements provided in parts two and three of this clause and are allowed for:

2.1. placement of real estate objects in the instances when such placement is provided for by:

decisions of the President of the Republic of Belarus, of the Council of Ministers of the Republic of Belarus;

programs approved by the President of the Republic of Belarus or by the Council of Ministers of the Republic of Belarus;

urban planning projects, general plans of cities, other settlements and/or detailed urban planning projects, projects of structure planning of areas of individual residential construction with formation of primary engineering and transport infrastructure – in settlements;

schemes of district land planning, projects of in-house land planning with regard to the state plan of the complex territorial organization of the Republic of Belarus, schemes of the complex territorial organization of regions – outside the settlements;

2.2. for the placement of real estate objects in the exceptional cases not specified by sub-clause 2.1 of this clause when there is no possibility for placement of such objects on the land plots from other categories and types;

2.21. for extracting commonly available natural resources, including peat, and also for using geothermal resources of entrails and drying lignin);

2.3. in other cases specified by the laws or decisions of the President of the Republic of Belarus.

In this instance, the regional, Minsk City executive committees, administrations of free economic zones (if that right is delegated to them by the regional and Minsk City executive committees) are allowed to take decisions, in accordance with sub-clause 2.2 of this clause, on the placement of real estate objects intended for non-agricultural and non-forestry purposes, related to the seizure and allotment of the land plots specified in part 1 of this clause only if such objects cannot be placed on the land plots intended for non-agricultural purposes or unusable for agriculture, or on agricultural lands of a worse quality, and also on the lands not covered with woods or covered with less valuable trees and shrubs, in the case of the allotment of a land plot out of the lands of the forest resources.

Decisions on seizure and allotment of land plots out of agricultural lands intended for agricultural purpose, forestry lands of the forestry fund (forests of the first group) and on transfer of such lands into other categories in accordance with part one and two of this clause are to be taken by regional executive committee only subject to agreeing with the President of the Republic of Belarus of the location of such land plots, with the exception of seizure and allotment land plots for:

construction and maintenance of subterranean line structures (gas pipelines, oil pipelines, electric power lines, communications lines and other structures) and objects connected with construction and maintenance thereof  carried out within the boundaries of exclusion zones (controlled strips) of those structures;

reconstruction of line structures including railroads and motor roads, and construction of objects connected with reconstruction thereof, carried out within the boundaries of exclusion zones (controlled strips) of those structures;

infrastructure development of production wells for extraction of hydrocarbon raw materials and objects related to their maintenance;

construction and/or maintenance of immovable property objects within the boundaries of free economic zones;

construction and/or maintenance of immovable property objects, engineering and transport infrastructure, redevelopment of territories adjacent thereto in settlements which are granted the status of satellite town, upon availability of general plans of such settlements, approved in the established order;

expansion of clearances for overhead electric power lines by the height of trees and shrubs* on each side from outer wires;

other objectives determined by the President of the Republic of Belarus.

3. When selling, in the Republic of Belarus in the established order, the immovable property (capital facilities (buildings, structures), unfinished capital facilities prepared for preservation ) or unfinished capital facilities not prepared for preservation, being in the state ownership, including via holding an auction, simultaneously the sale of the land plot into the private ownership or the right to conclude a contract of lease on the land plot needed for maintenance of this property shall be carried out, unless otherwise provided for by the laws or decisions of the President of the Republic of Belarus.

If the selling of such property located on the land plot being in permanent or temporary possession is carried out without holding an auction, the land plot is to be seized and allotted to the buyer of that property into the private ownership or into lease at its cadastral value without holding an auction, unless otherwise established by the President of the Republic of Belarus.

Lands plot shall be allotted from the state ownership into the private ownership at their cadastral value effective on the day of submission of the application of the interested person on allocating to him of a land plot into the private ownership, based on the official rate of US dollars to Belarusian rubles established by the National Bank on the date of submission of such application unless otherwise provided by the President of the Republic of Belarus.

The payment for the right to conclude a contract of lease on the land plot shall be determined in the order established by the council of Ministers of the Republic of Belarus based on the cadastral value of the land plot effective on the date of submission of the application of the interested person on allocating to him of a land plot into lease, based on the official rate of US dollars to Belarusian rubles established by the National Bank on the date of submission of such application

4. Local executive committees shall compile lists of free (not occupied) land plots, including those having the non-used immovable property objects placed on them, to be demolished (hereinafter – the free (not occupied) land plots) which are located in the settlements, on the territory of districts, including garden partnerships, country cottage cooperatives which may be allotted to citizens for construction and maintenance of a single-unit, multi-unit houses, collective gardening, country cottage construction. Information about the availability of such land plots shall be complete, reliable, open, accessible, and subject to inclusion into the lists with indication of purposes of possible use of these plots.

Lists of free (not occupied) land plots shall be kept up to date and monthly updated by local executive committees, and posted on the information boards and official web-sites of these bodies in the global computer network Internet (if available), and also may be disseminated in other accessible ways, including via the mass media.

41. District (city) executive committees shall form the list of plots intended for subsequent allotment to investors and/or organizations created under the established procedure in the Republic of Belarus by these investors or with their participation for the construction of objects stipulated by investment contracts concluded with the Republic of Belarus (hereinafter – lists of plots for implementation of investment projects).

The procedure of formation of the lists of plots for implementation of investment projects is established by regional and Minsk City executive committees.

Decisions of district (city) executive committees about inclusion of plots into the lists of plots for implementation of investment projects are taken on the basis of town-planning passports being prepared with regard to general plans of cities and other settlements, detailed urban planning projects, architectural projects for building cities’ territories, plans of complex territorial organization of regions (districts), land-utilization schemes of districts.

Lists of plots for implementation of investment projects shall be posted on the information boards and official web-sites of local executive committees in the global computer network Internet (is such sites are available), and also may be distributed by other means, including through mass media.

For construction of objects stipulated by investment contracts concluded with the Republic of Belarus shall be allotted only those land plots which are included in lists of plots for implementation of investment projects,  unless otherwise provided by the President of the Republic of Belarus. In this instance conclusion of investments contracts with the Republic of Belarus by investors and/or organizations created under the established procedure in the Republic of Belarus by these investors or with their participation, stipulating allotment of land plots of objects, is allowed only upon the expiration of 30 days from inclusion of a respective plot into the list of plots for implementation of investment projects.

The information contained in lists of plots for implementation of investment projects must be permanently maintained in an actual state by local executive committees, be complete, accurate, open and accessible and include purposes of possible use of these plots, their approximate space, and also contain the data bout the state body (state organization) to which it is necessary to apply for conclusion of an investment contract with the Republic of Belarus.

When taking a decision stipulating the inclusion of a plot into the list of plots for implementation of investment projects (exclusion of a plot from such a list), the said information shall be updated on the information boards and official sites of local executive and administrative bodies in the global computer network Internet (is such sites are available) not later than on the working day following the day of taking such a decision.

A copy of the decision (extract from the decision) about the inclusion of a plot into the list of plots for implementation of investment projects shall be sent, not later than on the working day following the day of taking such a decision, by the local executive committed to the Ministry of Economy and also to a respective regional executive committee for placement on official sites of said bodied in the network Internet.

Exclusion of a plot from the list of plots for implementation of investment projects is allowed in the instances of:

conclusion of an investment contract with the Republic of Belarus by by investors and/or organizations created under the established procedure in the Republic of Belarus by these investors or with their participation and its registration in the State Register of Investment Contracts with the Republic of Belarus;

seizure and allotment of a land plot for state needs;

if such plot remains unclaimed by investors for more than 2 years from the day of the decision on its inclusion in the list of plots for implementation of investment projects;

in other cases determined by the President of the Republic of Belarus.

5. The land plots shall be allotted in the established order, unless otherwise provided by clause 6 of this Edict, on the results of auctions:

for the right to conclude contracts of lease of land plots, for lease to citizens, individual entrepreneurs, and legal persons;

with conditions, on the right of designing and constructing the capital constructions (buildings, structures), for lease to individual entrepreneurs and legal persons;

for sale of land plots into private ownership – in private ownership of citizens of the Republic of Belarus and non-state legal persons of the Republic of Belarus.

In settlements located in suburban areas of the city of Minsk, regional centers and region-subordinated cities, the local executive committees are obliged to put on auctions not less than 30 percent of land plots included in the lists of free (not occupied), which may be allotted for construction and maintenance of single-unit, multi-unit houses.

6. Without holding the auction on the right to conclude lease contracts, the auction with conditions on the right of designing and constructing capital constructions (buildings, structures) and the auction on selling land plots into the private ownership, the land plots shall be allotted on real rights in accordance with the legislative acts in the sphere of land protection and use:

to state bodies, other state organizations (with the exception of allotment of land plots for construction of gas stations), for fulfilling tasks and functions provided for by the legislation;

to agricultural organizations, including peasant’s (farmer’s) households, to other organizations – for holding agriculture, including peasant’s (farmer’s) household, and also for holding subsidiary agricultural husbandry;

to scientific organizations, educational institutions – for research and/or education purposes in the sphere of agriculture or forestry;

to state forestry institutions, organizations of local executive and administrative bodies the competence of which includes holding forestry or recreational forestry– for holding forestry;

to religious organizations, for construction and/or maintenance of funeral places, worship buildings, including buildings of diocesan administration, cloistral complexes, religious education establishments;

to legal persons and individual entrepreneurs – for construction and/or maintenance of the transport and engineering infrastructure objects* and roadside service objects, with the exception of instances of construction of roadside service objects in suburban areas of the city of Minsk, regional centers;

to citizens of the Republic of Belarus, for construction and maintenance of single-unit, multi-unit houses in settlements, with the exception of cities of Brest, Vitebsk, Gomel, Grodno, Minsk, Mogilev. The land plots for construction and maintenance of single-unit, multi-unit houses  are allotted without holding an auction in cities of Brest, Vitebsk, Gomel, Grodno, Mogilev to citizens of the Republic of Belarus registered as being in need of improving of their housing conditions, and in the city of Minsk only to large families (families with three and more children at the age of up to 23 years, unmarried and living together with parents, including those studying in day-time division of education institutions in other settlements and being in draft active military service, which, in accordance with the legislation, retain the right to use dwelling premises occupied by the parents)  registered as being in need of improving of their housing conditions. With regard to state interests, local conditions and economic effectiveness, the local executive committees are entitled to determine other settlements in the territory of which land plots for construction and maintenance of single-unit, multi-unit houses are allotted according to the results of auctions or without their holding only to citizens being in need of improving of their housing conditions. Land plots allotted out of turn to large families registered as being in need of improving of their housing conditions and included, in the established order, into lists of citizens that wish to receive land plots for construction and maintenance of single-unit, multi-unit houses. The right of citizens of the Republic of Belarus to obtain land plots as registered as being in need of improving of their housing conditions may be exercised only once;

to citizens, for holding personal subsidiary husbandry (to one of the family members), peasant’s (farmer’s) household, traditional handicrafts, vegetable gardening, haying, livestock grazing, as well as to certain categories of citizens of the Republic of Belarus in accordance with legislation –  for the construction (installation) of temporary individual garages;

to gardening partnerships, citizens – for the collective gardening, with the exception of the suburban area of the city of Minsk. Having regal to state interests, local conditions and economic effectiveness, regional executive committees are entitled to determine other territories in which land plots for collective gardening are allotted according to the results of auctions;

to citizens, individual entrepreneurs and legal persons, if the allotment of another land plot is required instead of one in relation to which the decision has been taken about forthcoming seizure and seized (including one planned for seizure and demolition of immovable property object locate in it, with the exception of the cases established by the legislative acts);

to citizens, individual entrepreneurs and legal persons, upon applying for formalization of documents confirming rights on land plots on which are located the capital constructions (buildings, structures) registered by  the organization authorized for the state registration of immovable property, rights thereto and transactions therewith (hereinafter – organization on state registration), apartments in multi-unit houses (with observance of conditions established by the legislation), or unfinished capital constructions prepared for preservation, including those destroyed by fire, other natural disasters and as a result of damage, belonging to them (a share in the right to which belong to them) on the right of ownership or on another legal ground (there is a contract, court resolution, another documents confirming such a right or ground);

to legal persons, for extraction of commonly available natural resources, including peat, for construction of objects necessary for their processing and storage, and also for exploiting geothermal resources of earth entrails and drying of lignin; for extraction of strategic natural resources, of natural resources of restricted availability, upon availability of mine allotment;  construction of objects necessary for processing and storage; realization of concession contracts;

to citizens, individual entrepreneurs, and legal persons – when they formalize documents confirming rights on land plots purchased in the order established by the legislation, including land plots the possession of which is held within a prolonged time period, land plots being allotted because a decision has been taken in relation to an unauthorized structure allowing the continuation of the construction (about acceptance of an unauthorized structure for exploitation and its state registration under the established procedure);

to residents of free economic zones, special tourist and recreational parks – for the construction and maintenance of the immovable property objects in those zones, parks;

to legal persons and individual entrepreneurs – for construction and maintenance of immovable property objects intended for production of goods (performance of works, provision of services, with the exception of construction and maintenance of such objects within the limits of cities of Baranovichi, Borisov, Brest, Vitebsk, Gomel, Grodno, Zhodino, Lida, Minsk, Mogilev, Mozyr, Molodechno, Novopolotsk, Orsha, Pinsk, Polotsk, Rechitsa, Slutsk, Soligorsk, construction of filling stations, trading object (except for manufactures' stores). With regard to state interests, local conditions and economic effectiveness, the regional executive committees are entitled to determine settlements (parts of their territory), other territories within the limits of which land plots are to be allotted to legal persons and individual entrepreneurs for the said purposes only according to the results of auctions;

for reconstruction of existing capital constructions (buildings, structures), isolated premises in capital constructions (buildings, structures), if change of the intended purpose of the land plot and/or its size is required, subject to observance of maximum limits of land plots established by the legislation;

when acquiring unfinished capital constructions not prepared for preservation (except for unfinished dwelling houses and premises), the decision on alienation of which has been taken by the President of the Republic of Belarus;

to legal persons and individual entrepreneurs, for placement of a immovable property object in the territory of the Republic of Belarus if the construction of such object (category of objects) and legal persons (certain categories thereof, and in the instance of placement of filling stations – legal persons of oil-products provision system of the Republic of Belarus**), individual entrepreneurs are determined by a decision of the President of the Republic of Belarus, or by a program approved by the President of the Republic of Belarus, or by the Council of Ministers of the Republic of Belarus;

to owners of a joint homeownership, partnerships of owners, persons authorized for management of immovable property of a joint homeownership, for maintaining and servicing the immovable property of the joint homeownership;

to investors and/or organizations created in the established order in the Republic of Belarus by these investors or with their participation, after the conclusion of an investment contract between the investor and the Republic of Belarus and its registration in the State Register of Investment Contracts with the Republic of Belarus – for construction of objects stipulated by the investment project, unless otherwise established by the President of the Republic of Belarus;;

to citizens – for the construction and servicing of a capital construction (building, structure) upon obtainment of the certificate of the right to inheritance in relation to materials and other property from the former is being created or upon a court resolution on recognizing the ownership of the heir to such property in the event when the right to the land plot allotted prior to January 1, 1999 was not formalized by the heir under the established procedure;

to organizations, and also to individual entrepreneurs, carrying out collection, sorting (separation according to the types), preparation for deactivation and/or utilization of secondary material resources – for placement of turn-in points of secondary raw material, objects sorting, decontamination, processing of  communal waste and objects for dumping solid communal waste;

to communal unitary enterprises on capital construction, their affiliated unitary enterprises, other state organizations or organizations with a stake of the state in the statutory fund of more than 50 percent – when changing a builder*** upon non-fulfilment (violation) by the latter of obligations on creation of a construction object in the cases and order established by the Council of Ministers of the Republic of Belarus (hereinafter – change of builder);

to organizations making part of the Belarus Republican Union of Cooperative Societies – for construction and maintenance of wholesale and retail trade objects, public catering objects;

in other cases upon a decision of the President of the Republic of Belarus.

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*For the purposes of this Edict transport and engineering infrastructure objects mean structures and utility networks of electro-, heat-, gas-, water supply and sewerage systems, communications, television and radio networks, and also motor roads, streets, public transport itineraries and other communications.

** For the purposes of this Edict legal persons of oil-products provision system of the Republic of Belarus are understood legal persons specified in clauses 1–8, 11 and 12 of the Annex to the Edict of the President of the Republic of Belarus of September 14, 2006 "On Creation of the State Production Amalgamation 'Belorusneft'.

*** For the purposes of indent twenty-four of part one, part five of this clause and parts six–eight of clause 8 of this Edict, builder is understood a legal person attracting monetary means of interestholders for construction, by own forces and/or with engagement of third persons, of shared housing construction objects by means of conclusion of contracts of creation of shared housing construction objects, and also a legal person being issuer of housing bonds which concludes with natural persons contracts (agreements) stipulating obligations of the issuer on construction of dwelling premises to housing bonds holders in the order established by the legislation.

Unless otherwise provided for by laws or legal acts of the President of the Republic of Belarus or this Edict, the regional, Minsk City executive committees shall determine the real rights to land plots being allotted by those executive committees without holding an auction in accordance with part 1 of this clause to the citizens, individual entrepreneurs and legal persons for the construction and servicing of immovable property objects.

Winners of an auction with conditions on the right to design and construct capital facilities (buildings, structures) are being allotted the land plots without holding an auction. A decision to hold an auction with conditions for the right to design and construct the capital constructions (buildings, structures) shall be made by the Minsk City Executive Committee, the city executive committee of a regional center, district, city (for region-subordinated or district-subordinated cities) executive committees in respect of the land plots  on which the objects to be demolished are located.

It is not allowed to change the boundaries of land plots allotted according to results of auctions on the right to conclude lease contracts, the auction with conditions on the right of designing and constructing capital constructions (buildings, structures) and the auction on selling land plots into the private ownership, which envisages the increase of the space of such land plots, with the exception of the case specified in indent seventeen of  part one of this clause.

Unless otherwise established by the President of the Republic of Belarus, a fee for the right to conclude a lease contract in respect of the land plots allotted for lease for the purposes specified in indents two-seven, nine-eleven, twenty and twenty-one, twenty-three–twenty-five of part one of this clause shall not be charged, and for the purposes determined in indents 8, 13-19 and 22 of the said part, such fee is charged on the basis of their cadastral value. In the instance specified in indent 12 of part one of this clause, the fee for the right to conclude a lease contract concerning land plots is charged, if such fee was charged when these plots were allotted for the lease to construct capital constructions (buildings, structures). The duty to pay in the fee for the right to conclude a lease contract concerning land plots in the case specified in indent 14 of part one of this clause is determined depending on the purposes of allotment of the land plots specified in part one of this clause. The amount and conditions of payment of the fee for the right to conclude a lease contract in respect of the land plots for the purposes specified in indent twenty-six of part one of this clause shall be determined in accordance with the decision of the President of the Republic of Belarus. Unless otherwise established by the President of the Republic of Belarus, in the instance of violation of normative time limits of construction of objects being erected on land plots the payment for the right to conclude the lease contract of which has not been charged, with the exception of of single-unit, multi-unit houses, summer cottages, and also of instance of change of builder, such payment, determined in the order established by the Council of Ministers of the Republic of Belarus on the basis of cadastral value of the land plot effective on the day following the day of termination of the normative time limit of construction of the object, based on the official rate of US dollars toward the Belarusian ruble established by the National Bank of the Republic of Belarus on the day following the day of termination of the normative time limit of construction of the object, shall be charged for all period for which the land plot has been allotted on the basis of a decision of the local executive committee which allotted the land plot and shall be paid by the lessee within 30 calendar days from the day of taking such a decision.

When concluding the lease contract of the land plot for a new term, for the right to conclude which a fee was charged, a fee is to be charged for the right to conclude a contract of lease of this land plot on the basis of its cadastral value, with the exception of the cases specified in indents 2-7, 9-11, 20 and 21 of part one of this clause.

The order to determine the amount of the fee for the right to conclude a lease contract in respect of the land plots being allotted without holding an auction according to part 1 of this clause, and also of the initial price of an item of such auctions shall be established by the Council of Ministers of the Republic of Belarus.

When allotting land plots into private ownership or into lease for constructing and servicing capital constructions (buildings, structures), servicing purchased immovable property that was in state ownership, including a result of auctions, local executive committee shall, upon an application of the person to whom the land plot is being allotted, take a decision about granting the right to pay by for the right to conclude a contract of lease of land plots or the fee for land plots being allotted into the private ownership. The right to pay by instalments may be granted for a period not exceeding 5 years from the day of acceptance in exploitation under the established procedure of the finished object, construction stage, start-up complex or from the day of purchase of the immovable property that was in state ownership. In this instance prior to the acceptance in exploitation under the established procedure of the finished object, construction stage, start-up complex, the person to whom the land plot is being allotted shall pay in a portion of the payment in the amount to be determined by the local executive committee that grants the right to pay by instalments. When allotting land plots into private property for other purposes, local executive committees have the right to take a decision on granting the right to pay by instalments the full amount of payment (a part thereof) for the land plots upon a substantiated application of the citizen of the Republic of Belarus, non-state legal person of the Republic of Belarus, but not more than for two years. From the moment when the land user obtains the ownership or the right of lease of the land plot in relation to which the right to pay by instalments was granted and till the full fulfilment by him of the obligations on making payments for the land plot, this land plot or the right of lease thereof shall be in pledge of the state body that took the decision on allotment of the land plot or on changing the kind of the real right to the land plot for the ownership or the right of lease. Alienation and/or subsequent pledge of the land plot or the right of lease of the land plot purchased with the right to make payment (a part thereof) by instalments are not allowed till the full fulfilment by the land user of this plot of the duty on making payments for it. For the using the right to pay by installments, the payer shall pay the interest to be calculated annually on the remainder of the indebtedness on payments in the amount equivalent to 1/360 of the refinancing rate of the National Bank effective on the day of payment of monetary means for each day of using the right to pay by installments. When calculating interest, the number of days in a year is understood to be equal to 360, the number of days in a month – to 30. In the event of untimely making the payments of instalments or of the interest for using the right to pay by instalments, the payer shall pay the penalty interest in the amount of 1/360 of the refinancing rate of the National Bank effective on the moment of arising of the indebtedness, for each day of delay. The procedure for making payments for the right to conclude contracts of lease of land plots or for the land plots in the event of granting the right to pay by instalments shall be determined by the local executive committee that is allotting the land plot.

Without holding an auction, the land plots for construction and maintenance of single-unit, multi-unit houses in settlements located in suburban areas of the city of Minsk, regional centers and region-subordinated cities are allotted to:

citizens of the Republic of Belarus – large families registered as being in need of improving of their housing conditions, at their wish, into private ownership or in lease without payment for the land plot;

citizens of the Republic of Belarus, except for large families, registered as being in need of improving of their housing conditions in this settlement for not less than 5 years, which do not have and did not have in the ownership apartments, single-unit, multi-unit houses (including those unfinished and prepared for preservation), land plots for construction and/or maintenance of immovable property objects, registered after May 8, 2003 or shares in the right to these  immovable property objects, land plots –into private ownership with payment of 20 percent of the cadastral value of the land plot or into lifelong inheritable possession;

citizens of the Republic of Belarus, except for large families, registered as being in need of improving of their housing conditions in this settlement for not less than 5 years, which have and/or had in the ownership apartments, single-unit, multi-unit houses (including those unfinished and prepared for preservation), land plots for construction and/or maintenance of immovable property objects, registered after May 8, 2003 or shares in the right to these  immovable property objects, land plots –into private ownership with payment of 50 percent of the cadastral value of the land plot or into lifelong inheritable possession;

citizens of the Republic of Belarus, except for large families, registered as being in need of improving of their housing conditions in this settlement for less than 5 years or in another settlement, which do not have and did not have in the ownership apartments, single-unit, multi-unit houses (including those unfinished and prepared for preservation), land plots for construction and/or maintenance of immovable property objects, registered after May 8, 2003 or shares in the right to these  immovable property objects, land plots –into private ownership with payment of 20 percent of the cadastral value of the land plot or into lifelong inheritable possession;

citizens of the Republic of Belarus, except for large families, registered as being in need of improving of their housing conditions in this settlement for less than 5 years or in another settlement, which have and/or had in the ownership apartments, single-unit, multi-unit houses (including those unfinished and prepared for preservation), land plots for construction and/or maintenance of immovable property objects, registered after May 8, 2003 or shares in the right to these  immovable property objects, land plots –into private ownership with payment of 50 percent of the cadastral value of the land plot;

citizens of the Republic of Belarus, not registered as being in need of improving of their housing conditions – into private ownership with payment of the cadastral value of the land plot or into lease with payment for the right to conclude the contract of lease of land plots;

foreign citizens and stateless persons – into lease with payment for the right to conclude the contract of lease of land plots on the basis of their cadastral value.

Without holding an auction, the land plots for construction and maintenance of single-unit, multi-unit houses in the city of Minsk, regional centers and region-subordinated cities are allotted to citizens of the Republic of Belarus – large families registered as being in need of improving of their housing conditions, into private ownership without payment for the land plot. Without holding an auction, land plots for construction and maintenance of single-unit, multi-unit houses in the regional centers and region-subordinated cities are allotted to citizens of the Republic of Belarus, registered as being in need of improving of their housing conditions, into private ownership with payment for the land plot in the amount of the cadastral value of the land plot or into lifelong inheritable possession, and to foreign citizens and stateless persons – into lease with payment for the right to conclude the contract of lease of land plots on the basis of their cadastral value.

Without holding an auction, the land plots for construction and maintenance of single-unit, multi-unit houses in settlements (except for the city of Minsk, regional centers and region-subordinated cities) located outside suburban areas of the city of Minsk, regional centers and region-subordinated cities are allotted to:

citizens of the Republic of Belarus – large families registered as being in need of improving of their housing conditions, at their wish, into private ownership or in lease without payment for the land plot;

citizens of the Republic of Belarus, except for large families, registered as being in need of improving of their housing conditions, which do not have and did not have in the ownership apartments, single-unit, multi-unit houses (including those unfinished and prepared for preservation), land plots for construction and/or maintenance of immovable property objects, registered after May 8, 2003 or shares in the right to these  immovable property objects, land plots –into private ownership with payment of 20 percent of the cadastral value of the land plot or into lifelong inheritable possession;

citizens of the Republic of Belarus, except for large families, registered as being in need of improving of their housing conditions, which have and/or had in the ownership apartments, single-unit, multi-unit houses (including those unfinished and prepared for preservation), land plots for construction and/or maintenance of immovable property objects, registered after May 8, 2003 or shares in the right to these  immovable property objects, land plots –into private ownership with payment of 50 percent of the cadastral value of the land plot or into lifelong inheritable possession;

citizens of the Republic of Belarus, not registered as being in need of improving of their housing conditions – into private ownership with payment of the cadastral value of the land plot or into lease with payment for the right to conclude the contract of lease of land plots;

foreign citizens and stateless persons – into lease with payment for the right to conclude the contract of lease of land plots on the basis of their cadastral value.

Without holding an auction, the land plots not intended for allotment into private ownership in the settlements for construction and maintenance of single-unit, multi-unit houses in settlements are allotted to citizens of the Republic of Belarus registered as being in need of improving of their housing conditions, in lifetime hereditable possession or in lease with payment for the right to conclude the contract of lease of land plots on the basis of their cadastral value, and to citizens of the Republic of Belarus not registered as being in need of improving of their housing conditions, foreign citizens and stateless persons –in lease with payment for the right to conclude the contract of lease of land plots on the basis of their cadastral value.

The sizes of land plots being allotted for construction and maintenance of single-unit, multi-unit houses in settlements located in suburban areas of the city of Minsk, regional centers and region-subordinated cities are established from 0.10 till 0.15 ha inclusively. The sizes of land plots that were in the use of citizens – individual entrepreneurs or legal persons till January 1, 2008 and being allotted for maintenance of single-unit, multi-unit residential houses, registered by an organization on state registration of apartments in multi-unit residential houses (subject to observance of conditions established by the legislation) in the mentioned settlements are established from 0.15 till 0.25 ha inclusively. In this instance the allotment of a land plot less than the minimum size established by this part may be carried out only with the consent of the person to whom it is being allotted.

It is not allowed to change the kind of the real right to land plots being into lease of citizens of the Republic of Belarus with payment for the right to conclude the contract of lease, for the right of lifelong inheritable possession in respect of land plots intended for:

collective gardening;

construction and maintenance of single-unit, multi-unit residential houses (with the exception of land plots belonging to citizens registered as being in need of improving of their housing conditions).

Without holding an auction, the land plots are allotted to legal persons for permanent and/or temporary use for the construction and maintenance of apartment buildings (except for dwelling houses of a higher comfort level*), maintenance of apartment buildings, construction and/or maintenance of residences, garages and parking areas, to agricultural organizations, including peasant’s (farmer’s) husbandries, legal persons having an affiliate or another separated subdivision, which carry out entrepreneurial activity for production of agricultural produce the proceeds from the realization of which makes not less than 50 percent of the total sum of proceeds of this affiliate or another separated subdivision, to  state forestry institutions, other state organizations –  for construction and/or maintenance of dwelling houses, maintenance of apartments in multi-unit residential houses, registered by an organization on state registration (subject to observance of conditions established by legislation), for employees of such organizations, employees of organizations of the social and cultural sphere and also for accommodation of agroecotourists. In the city of Minsk and regional centers land plots for construction of apartment buildings (except for dwelling houses of a higher comfort level) are allotted to communal unitary enterprises on capital construction, affiliated unitary enterprises thereof, organizations of large-panel house-building**, persons specified in indents nineteen, twenty-on and twenty-four of part one of this clause, and also to legal persons – winners of a competitive bidding for selection of the ordering customer (builder), the order of holding which is established by the Council of Ministers of the Republic of Belarus.

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*To dwelling houses of a higher comfort level belong dwelling houses with one of the following criteria: either located in the first economic planning zone, or being constructed with application of individual architectural, planning and structural design solution (the height of at least one floor exceeds 3m; the ratio of a total area to a living one, of at least one apartment (except for studios) is 2 and more; the total area of at least one apartment is more than 140 sq.m.).

**Organizations of  large-panel house-building are understood organizations carrying out production of large-size ready-made reinforced-concrete articles and construction of dwelling houses by the method of element-by-element assembly of those articles.

 

Land plots are allotted from the state ownership into the private ownership of citizens of the Republic of Belarus on their cadastral value effective on the date of submission by the citizen of the application on allotting him a land plot into the private ownership or , in the cases provided by this Edict, – for a part of this value or without making the payment for the land plot, with the exception of land plots being allotted into their private ownership on the results of the auctions on sale of land plots into the private ownership for construction and maintenance of single-unit, multi-unit houses in accordance with the legislative acts. When allotting land plots into the private ownership of citizens of the Republic of Belarus via holding an auction, their value shall be determined according to the results of the auction and may not be less than their cadastral value.

Land plots are allotted from the state ownership into the private ownership of non-state legal persons of the Republic of Belarus without holding auctions on the cadastral value of these plots effective on the day of submission by the non-state legal person of the Republic of Belarus of the application on allotting a land plot into the private ownership, unless otherwise determined by the President of the Republic of Belarus, with the exception of land plots not intended to be allotted into the private ownership. When allotting land plots into the private ownership to such persons via holding an auction on sale of land plots into the private ownership, their value shall be determined on the results of the auction and may not be less than their cadastral value.

In the event when the non-state legal person of the Republic of Belarus is allotted from the state ownership a land plot possessed by the legal person on the right of lease, the payment (sum of payments) made for the right to conclude the contract of lease of the land plot is to be set off against the payment for the land plot. If the amount of payment (sum of payments) made for the right to conclude the contract of lease of the land plot exceeds the payment for the land plot being allotted into the private ownership, this difference shall not be compensated to the lessee.

Land plots for construction and maintenance of single-unit, multi-unit residential houses for subsequent alienation to citizens registered or not as being in need of improving of their housing conditions or its alienation without holding an auction to citizens registered as being in need of improving of their housing conditions are provided to communal unitary enterprises on capital construction, affiliated unitary enterprises thereof, and also to other state organizations or organizations with a share of the state in the statutory fund of more than 50 percent, determined by decisions of city (district) executive committed without holding an auction on the right of temporary or permanent use. Citizens which have concluded contracts of sale of Land plots for maintenance of single-unit, multi-unit residential houses, apartments in multi-unit residential houses without holding an auction are provided with land plots for maintenance of such immovable property objects in the order established in parts nine-twelve of this clause, after the state registration of these contracts. When single-unit, multi-unit residential houses, apartments in multi-unit residential houses are being alienated under contracts of sale be means of holding an auction, these immovable property objects and a land plot provided for their maintenance or the right to conclude a contract of lease of this plot constitute a single object of auction.

Local executive committees, after the state registration of creation of single-unit, multi-unit residential houses, apartments in multi-unit residential houses and arising of rights thereto, and also creation and arising of right to land plots allotted for maintenance thereof, shall form the lists o such immovable property objects, which shall be kept up to date, monthly and posted on the information boards and official web-sites of these bodies in the global computer network Internet (if such sites are available), and also may be disseminated in other accessible ways, including through mass media. The information about availability of single-unit, multi-unit residential houses, apartments in multi-unit residential houses must be complete, accurate, open and accessible and include the inventory number, intended purpose, location, space of the  immovable property object, cadastral number, intended purpose, location, space of the  land plot on which it is located and also the method of alienation – through holding an auction to citizens registered or not as being in need of improving of their housing conditions (with a land plot or the right to conclude a contract of lease of the land plot) or without its holding to citizens registered as being in need of improving of their housing conditions.

7. A citizen, individual entrepreneur, legal person are obliged to apply in the established order for the state registration of land plots, rights to, restrictions (encumbrances) on them within two months from the day of receipt of the decisions about allotment of land plots or about the transfer of rights to the land plots being in permanent or temporary use on which have no registered capital constructions (buildings, structures) or unfinished capital constructions prepared for preservation to legal persons created as a result of the reorganization and also from the day of signing documents reflecting the substance of transactions with the immovable property or reorganizations of a legal person entailing the transfer to them of a right  to land plots for maintaining this property, with the exception of the cases specified in parts two and twelve of this clause.

A citizen, individual entrepreneur, legal person are obliged, in the event when the payment for the right to conclude the lease contract was not made, with the exception of cases specified in part twelve of this clause, to apply in the established order for the state registration of land plots, rights to, restrictions (encumbrances) on them within two months from the day of signing of the contract of lease of the land plot but not later than three months from the day of the decision about allotment of land plots in lease to them or about the transfer of rights to the land plots allotted in lease which have no registered capital constructions (buildings, structures) or unfinished capital constructions prepared for preservation to legal persons created as a result of the reorganization.

The right to a land plot arises for a citizen, individual entrepreneur or a legal person from the moment of the state registration of that right with the organization on the state registration and is confirmed with a certificate on the state registration.

The documents confirming the title on land plots, issued prior to February 1, 2006, are effective and have the same legal effect as a certificate on the state registration.

A legal person, individual entrepreneur is obliged, within 6 months, and a citizen – within a year, from the day of state registration of the creation of a land plot and arising of the right thereon, to start occupancy of that land plot in accordance with the purpose and conditions of its allotment (to begin construction*, other reclamation** of the land plot).

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*For the purposes of this Edict beginning of the construction means the carrying out of construction and installation works in accordance with approved design documentation, including in relation to uninhabited structures in the areas adjacent to the house in the land plot allotted for the purposes related to the constructing of capital constructions (buildings, structures).

**For the purposes of this Edict , beginning of other reclamation of the land plot means carrying out a complex of works in accordance with the intended purpose and conditions of allotment of the land plot if the land plot is allotted for the purposes not related to constructing of capital constructions (buildings, structures).

When a land plot has been allotted according to results of an auction for the right to conclude a lease contract or an auction for the sale of the land plot into private ownership, the term within which the winner of such an auction is obliged to apply for the state registration in relation to this land plot and commence its occupancy (begin the construction, other reclamation of the land plot) shall be determined in the decision of the local executive committee about the seizure of the land plot for holding an auction and allotment thereof to the winner of the auction or the sole participant of the auction deemed to be unheld and may not exceed the term set forth in part five of this clause, and if the land plot is being allotted for constructing a capital construction (building, structure) – six months (for legal persons, individual entrepreneurs) and one year (for citizens) from the day of approving, under the established procedure, of the design documentation for constructing of such a capital construction (building, structure).

When a land plot has been allotted according to results of an auction with conditions on the right of designing and constructing capital constructions (buildings, structures) the term within which the winner of such an auction is obliged to apply for the state registration in relation to this land plot and commence its occupancy (begin the construction, other reclamation of the land plot) shall be determined in the decision of the Minsk City executive committee, city executive committee of a regional center, district, city (for region-subordinated or district-subordinated cities) executive committees about seizure and allotment of the land plot and may not exceed the time limits specified respectively in part one and five of this clause.

A citizen, individual entrepreneur, legal person is obliged, within established terms, to fulfil all other conditions of the allotment of the land plot provided by the legislation or in accordance therewith.

The terms for fulfilment by the citizen of conditions of allotment of the land plot, including applying for the state registration in relation to that land plot, may be prolonged by respective local executive committees via taking, in the established order, a decision on the basis of an application of the citizen, submitted prior to the expiry of the term for the performance of the said actions, but not earlier than two months prior to their expiry, upon a material cause preventing the fulfilment of conditions of allotment (illness, staying outside the Republic of Belarus or another justifiable reason).

In the event of applying for the state registration of a legal plot, rights to, restrictions (encumbrances) on it and  decision of the registrar to refuse the acceptance of the documents submitted for the fulfilment of the registering action, to refuse to fulfil a registering action, the term for applying for the state registration is deemed to be suspended from the date of submission of the application for the state registration till the date of the decision about the refusal to accept the documents submitted for fulfilment of the registering action, the refusal to fulfil the registering action.

In the event when the issues in relation to the land plot, preventing the state registration of this land plot, rights to,  restrictions (encumbrances) on it or the occupation of this land plot in accordance with the purpose and conditions of its allotment have been resolved in court, the term for applying for the state registration, the term for occupation of the land plot is suspended from the date of acceptance of the action for consideration till the entre into force of the respective court resolution.

When land plots are being seized and allotted into temporary use or lease for a period of up to 1 year, and also when the period of temporary use of such land plots or their lease are being extended for not more than 1 year, the land plot is deemed to be created, changed, ceased to exist, and the right, restriction (encumbrance) of the right thereto – to be arisen, transferred, ceased to exist from the moment specified in the decision about seizure and allotment of the land plot. In this instance the conclusion of the land of lease of the land plot in writing and also the state registration of creation, change, cease to exist of the land plot, arising, transfer, cease to exist of rights, restrictions (encumbrances) of the rights to the land plot are not performed.

8. In the case of failure to fulfil requirements about applying for the state registration of the land plot, rights to, restrictions (encumbrances) of rights on it within the term established in parts 1, 2, 6, 7 and 9 of clause 7 of this Edict, the decision about allotment of the land plot is deemed to be ineffective, unless  otherwise established by the President of the Republic of Belarus.

In the case of failure to fulfil at least one of other requirements of the allotment of the land plot within the established terms, the local executive committee shall, not later than one month from the day of expiry of the respective term, send to the citizen, individual entrepreneur, legal person a dictation about the necessity to fulfil the conditions of the allotment of the land plot (beginning the construction, other reclamation of the land plot in accordance with the conditions of its allotment, making payments, etc). The term to be indicated in the dictation may not exceed one month.

If the mentioned persons did not fulfill conditions of the allotment of the land plot upon the expiry of the term indicated in the dictation, the local executive committee, in accordance with its competence on seizure and allotment of land plots, shall, not later than 10 days subsequent to the expiry of the mentioned term:

take the decision on termination of the right of use, permanent or temporary, lifetime hereditable possession of the land plot and about the seizure of the land plot, which shall contain conditions of its further use and the dictation, obligatory for the organization on the state registration, to perform the state registration of the termination of the respective right of the citizen, individual entrepreneur or legal person to the land plot and, after the state registration of the termination of that right, decide, within one month, the issue on the further use of this land plot;

bring an application to the court for termination of the right of private ownership on the land plot, and, after the entry into legal force of the court decision on termination of such right and the state registration of termination of the right of private ownership of the citizen, legal person to the land plot, decide, within one month, the issue on further use of that land plot;

take decision about unilateral termination of the lease contract for the land plot if the contract stipulates the right of its unilateral termination, which shall contain conditions for its further use and the dictation obligatory for the organization on the state registration to perform the state registration of the termination of the lease of the land plot of the citizen, individual entrepreneur or legal person; and, after the state registration of termination of that right, decide, within one month, the issue on further use of that land plot; or bring an application to the court for termination of the lease contract for the land plot, and after the entry into legal force of the court decision on its termination and the state registration of termination of the right to lease the land plot for these persons, decide, within one month, the issue on its further use.

The organization on the state registration shall register, in accordance with part three of this clause, the termination of the respective right of a citizen, an individual entrepreneur or a legal person to the land plot within 7 working days from the day of receipt of the dictation of the local executive committee, a copy of the court decision sent by the local executive committee.

The state registration provided in indents two – four of part three of this clause is performed at the expense of funds of the respective local budget.

In case of change of builder the local executive committee, in accordance with its competence on seizure and allotment of land plots, shall, not later than 10 working days from the day of taking a decision on change of builder:

take a decision on termination of the right to permanent temporary use of the land plot of the previous builder, and also on seizure and allotment of the said land plot to a new builder without developing the project on allocation of that plot;

lodge an application to the court about termination of the private ownership to land plot of the previous builder and its enforced seizure and, after the court decision on termination of such right  and enforced seizure of the land plot enters into force, shall, within 10 working days, take a decision on allotment of the said land plot to a new builder without developing the project on allocation of that plot;

take a decision on rescission of the contract of lease of the land plot, if the right to rescind it unilaterally is stipulated by that contract and on seizure and allotment of such land plot to a new builder without developing the project on allocation of that plot or lodge an application to the court about rescission of the contract of lease of the land plot and the court decision about its rescission enters into force shall, within 10 working days, take a decision on seizure and allotment of the said land plot to a new builder without developing the project on allocation of that plot.

Decisions named in part six of this clause are taken without sending a prescription to the land user (previous builder) about taking measures on elimination of committed violations of the legislation and are to be adducted the land management file formalized for the previous builder.

The state registration of termination of a respective right of the previous builder to the land plot in the instances provided in indents two-four of part six of this clause is carried out on the basis of a decision of the court or local executive committee and the application at the expense of means of the new builder.

9. [Excluded]

10. [Excluded]

11. Unless otherwise provided for by the President of the Republic of Belarus, the alienation (sale, exchange, gift) of land plots allotted into private ownership for constructing of capital constructions (buildings, structures), transfer into lease of such land plots, and also transfer of rights and duties under contracts of lease of land plots allotted for the mentioned purpose into lease, are prohibited until their owners (lessees) receive documents confirming the right to the capital constructions (building, structures) located on those land plots, with the exception of alienation of land plots to local executive and administrative bodies, and also the alienation of land plots (transfer of rights and duties under contracts of lease of land plots) with unfinished capital constructions prepared for preservation located thereon.

Land plots allotted for constructing and servicing capital constructions (buildings, structures), being into private ownership or the right to lease of land plots allotted for the mentioned purposes may by the subject of mortgage or pledge till the termination of constructing of the said constructions. Capital constructions (buildings, structures) or unfinished capital constructions prepared for preservation, temporary constructions erected on the land plots being the subject of mortgage (the right of lease of which being the subject of pledge) are deemed to be in mortgage or pledge. In this instance the changes into mortgage contracts need not be introduced.

The alienation of land plots and capital constructions (buildings, structures), unfinished capital constructions prepared for preservation located thereon shall be carried out simultaneously, with the exception of the alienation of the said facilities for demolition.

It is not allowed the partition of land plots allotted for constructing and/or maintaining of single-unit, multi-unit dwelling houses, with the exception of cases related to the partition of these houses and change of the intended purpose of land plots allotted for maintaining personal subsidiary husbandry, and also partition and change of intended use of land plots allotted for constructing (constructing and maintaining) capital constructions (buildings, structures) till the completion of their construction.

In suburban areas of the city of Minsk, regional centers are prohibited, unless otherwise established by the President of the Republic of Belarus, alienation (sale, exchange, gift) of land plots allotted in private ownership for collective gardening, including land plots created as a result of their division, merging, transfer of such land plots into lease, transfer of rights and duties under contracts of lease of land plots allotted for the indicated purpose into lease, including land plots created as a result of their division, merging, and also alienation of capital constructions (buildings, structures), unfinished capital constructions prepared for preservation, located on land plots allotted for collective gardening, including on land plots created as a result of their division, merging, prior to the expiration of 5 years from the day of state registration of arising of rights to such land plots, with the exception of alienation of land plots and/or capital constructions (buildings, structures), unfinished capital constructions prepared for preservation, located thereon to local executive committees.

Creation of new gardening partnerships, summer-cottage cooperatives in the suburban area of the city of Minsk is not allowed, with the exception of creation thereof as a result of reorganization of existing gardening partnerships, summer-cottage cooperatives. Free (unoccupied) land plots for collective gardening, summer-cottage construction, located in the existing gardening partnerships, summer-cottage cooperatives and placed in the territory of the suburban area of the city of Minsk shall be allotted, in the established order, to citizens according to results of auctions for sale of land plots in the private ownership or according to the results of auctions for the right to conclude contracts of lease of land plots.

111. It is not allowed to change the intended use of land plots allotted to citizens as registered as being in need of improving housing conditions, alienation of such land plots and/or dwelling houses erected thereon, immovable property objects created as a result of their partition, merger or splitting off thereof  (share in the ownership to mentioned objects) prior to expiration of 8 years from the day of state registration of such houses, with the exception of alienation to local executive committees subject to full repayment of the preferential credit for construction  of dwelling premises (including premature repayment) if such credit has been used. Alienation by citizens of unfinished capital constructions prepared for preservation, located on the land plots allotted to the citizens as registered as being in need of improving of their housing conditions is not allowed,  with the exception of the alienation to local executive committees subject to full repayment of the preferential credit for construction of dwelling premises (including premature repayment) if such credit has been used.

Upon refusal of the local executive committee from acquisition of land plots received by citizens as registered as being in need of improving of their housing conditions and/or of dwelling houses erected thereon, and also of immovable property objects created as a result of their partition, merger or splitting off thereof  (share in the ownership to mentioned objects) prior to expiration of 8 years from the day of state registration of such houses, unfinished capital constructions prepared for preservation, is allowed with permission of that local executive committee in exceptional cases (being sent to the work (service) in another area, loss of breadwinner in the family, receiving I and II groups of disability and other circumstances objectively evidencing the impossibility to use immovable property) subject to:

full repayment of the preferential credit for construction of dwelling premises (including premature repayment) if such credit has been used;

buyout  into private ownership of the land plots allotted into lifelong inheritable possession or lease, or payment for the right to conclude a contract of lease of land plot for the period of 99 years, if the land plot or into lifelong inheritable possession or session for a period of less than 99 years in accordance with legislation may not be acquired into private ownership;

making by the citizen of the Republic of Belarus the payment in the amount of 100, 80 or 50 percent of the cadastral value of the land plot, if the land plots have been allotted into private ownership respectively without making the payment, with making the payment in the amount of 20 or 50 percent of cadastral value of the land plot;

premature payment for the land plot allocated into the private ownership or payment for the right to conclude a contract of lease of the land plot allotted into lease for 99 years, if the land user has been granted by-instalments payment.

Making the payment for the land plot (for the right to conclude a contract of lease of land plot) in accordance with indents three and four of this clause shall carried out with granting by-instalment payment. In this instance the payment made earlier (sum of palyments made) for the right to conclude a contract of lease of the land plot is subject to offset.

A copy of the decision (extract from the decision) of the local executive committee on allotting the land plot into the private ownership or into lease for the period of 99 years (on changing the mode of real right to the land plot, on extension of the lease period of the land plot till 99 years) and/or on permission of alienation of the objects specified part one of this clause shall be sent by the local executive committee to the land user by a registered letter or handed out against obtaining the signature within 10 working days from the day of submission of the respective application  and presenting documents confirming performance of actions specified in part two of the this clause.

12. It is not required that the local executive committee take decision on the seizure and allotment of a land plot or on the transfer of the right thereto in the event of formalization of documents confirming rights to a land plot purchased in the order established by the legislation, and also in the case of passing of the right to capital construction (building, structure), including unfinished and prepared for preservation one, located thereon, isolated premises in a capital construction in which a joint homeownership has arisen and the management of immovable property of which is carried out directly, or a share in the right to the said objects to another person, if the intended purpose of the land plot, the type of real right thereto, its size and boundaries remain unchanged. In these instances the state registration of the right to the land plot or of passing of the right to it is carried out in the order established by the legislation on the basis of documents submitted for carrying out of the state registration of the right to the land plot purchased in the order established by the legislation or of the transfer of the right to such capital construction (building, structure), unfinished capital construction prepared for preservation, isolated premises in a capital construction in which a joint homeownership has arisen and the management of immovable property of which is carried out directly,  or a share in the right to these objects.

The organization on the state registration shall, within 5 working days from the day of execution of the registering action in accordance with part 1 of this clause, inform the land planning service of the local executive committee and territorial tax bodies at the place of location of the land plot about the right to the land plot or the transfer of the right thereto.

When formalizing title-certifying documents to the land plot purchased in the order established by the legislation or upon the transfer of the right to the capital construction (building, construction), unfinished capital construction prepared for preservation located on the land plot, isolated premises in a capital construction in which a joint homeownership has arisen and the management of immovable property of which is carried out directly, or of a share in the right to these objects to another person, if the intended purpose of the land plot, or its size and boundaries are being changed, the local executive committee shall take a decision about termination of the right of the former user to this land plot and allotment to another person, on the basis of the allocation plan for that plot. When the real right to the land plot has been changed in the mentioned instances, the local executive committee shall take a decision about the termination of the right of the previous land user to that land plot and allotment to another person without developing the project on allocation of that plot.

The change of the size of shares in the right to a capital construction (building, structure) as a result of its reconstruction by one of its owners does not constitute a ground for the change of their shares in the right to the land plot.

121. When it is necessary to seize for state needs the land plot on which objects of social and cultural, communal and household, production and other capital constructions (buildings, structures) including those unfinished by construction (hereinafter – immovable property objects), except for one-unit residential house, multi-unit or apartment residential house, and also for immovable property objects constructed wilfully, the local executive committee shall, after determining the person to which the land plot is being allotted, take the decision about the forthcoming seizure of the land plot for state needs and destruction of immovable property objects located thereon (hereinafter – decision about the forthcoming seizure of the land plot).

The decision about the forthcoming seizure of the land plot must indicate the land user, owners, holders of the right of economic management, operative management in relation to immovable property objects, recipient of the annuity (in case if immovable property objects are encumbered with the annuity), and also other data specified in indents two, three, six, eight and nine of part one of clause 3 of Regulations on the order of realization of property rights of citizens and organizations when land plots are being seized from them, approved by Edict of the President of the Republic of Belarus of February 2, 2009 No 58 “On some measures on  protection of property right when land plots are being seized for state needs”.

The local executive committee shall, within three working days after the adoption of the decision about the forthcoming seizure of the land plot, send a copy of this decision (extract therefrom) with indication of grounds of such a seizure and other data determined in part two of this clause to the citizen, individual entrepreneur or organization, being land users and/or owners, holders of the right of economic management, operative management in relation to immovable property objects, by a registered letter to the place of residence of the citizen, individual entrepreneur or place of location of the organization. A copy of this decision (extract therefrom) shall be sent by the local executive committee, within the mentioned time limit, by a registered letter or handed out against the signature also to the person to whom the land plot is being allotted.

A decision about the forthcoming seizure of the land plot may be appealed by interested persons in court within two-month period from the day of its adoption.

Expenses on holding arrangements which increase the value of a land plot or immovable property objects located thereon, incurred by the land user, owner, holder of the right of economic management, operative management in relation to immovable property objects after the receipt of a copy of the decision (extract from the decision) about the forthcoming seizure of the land plot without consent of the local executive committee which has taken the mentioned decision are not subject to be reimbursed.

The person to whom the land plot with immovable property objects located thereon to be destroyed is being allotted has the priority right to acquire such immovable property objects at a market cost from the moment of performance, upon his application, of the state registration of arising of a restriction (encumbrance) of the right in relation to such a land plot and immovable property objects located thereon till the moment of abolition (repeal) of the decision about the forthcoming seizure.

Determination of a market value of the objects specified in part six of this clause shall be carried out similarly to the determination of the value of objects not subject to be destroyed in accordance with sub-clause 3.1 of clause 3 of Regulation on value appraisal of civil rights objects in the Republic of Belarus, approved by Edict of the President of the Republic of Belarus of October 13, 2006 No 615 "On valuation activity in the Republic of Belarus". The said appraisal is performed at the expense of the person to whom the land plot is being allotted.

In the event of refusal of the person specified in part six of this clause from realization of the right to priority purchase at a market value of immovable property objects specified in part six of this clause, these objects may be sold to any third person at a price not lower than the declared one.

The time limit between adoption of the decision about the forthcoming seizure of a land plot and the decision about seizure and allotment of the land plot may not exceed two years. Upon expiration of the said time limit the decision about the forthcoming seizure of a land plot is deemed to be ineffective.

In the event of seizure for state needs of a land plot and/or destructions of an immovable property object located thereon, transferred against the payment of the annuity, the rights and duties under the concluded rent contract or of lifelong support with maintenance remain effective. The right to the rent based on such a rent contract of or of lifelong support with maintenance is transferred to monetary means received in the ownership of the payer of the rent instead of the land plot and of an immovable property object to be destroyed in relation to such seizure. In this instance the condition establishing the duty of the payer of the rent to provide the security for fulfillment of his obligations or to insure in favor of the recipient of the rent the liability under the contract for non-fulfillment or improper fulfillment of these obligations in accordance with clause 2 of Article 558 of the Civil Code of the Republic of Belarus becomes a material one.

13. To approve the annexed:

Regulations on the order of seizure and allotment of land plots; [not given]

Regulations on the order of seizure and allotment of land plots to legal persons and individual entrepreneurs for constructing of capital constructions (buildings, structures); [not given]

Regulations on the order of formation and allotment of land plots for the placement of the immovable property objects, the maintenance of immovable property being in the state ownership that is subject to be sold; [not given]

Regulations on the order of transfer of lands from one category and type to another, and classification of lands as of definite types. [not given]

14. To establish that chairpersons of local executive committees bear disciplinary and administrative liability for infringement of requirements of the legislative acts on seizure and allotment of land plots, and also of requirements on observance of the regime, established in accordance with the legislation, of carrying out economic activities within the boundaries of water protection zones and riverside strips of water objects, forests with a special regime of forest use and highly protected natural territories when taking decisions on the placement of objects within the boundaries of such lands, and criminal liability – if their actions constitute a crime.

15. [Ineffective]

16. 16. [Not given]

[Not given]

1.7. [ineffective]

17. [Not given].

18. This Edict does not cover relations on sale of the immovable property being in the state ownership at auctions, if the decisions on sale thereof have been made in the order established  by the legislation prior to December 18, 2007, and also to relations on sale of the state immovable property in the process of execution of court decisions, liquidation of legal persons.

19. The Council of Ministers of the Republic of Belarus shall:

19.1. within one year after the entry into force of this clause, ensure the introduction to the Chamber of Representatives of the National Assembly of the Republic of Belarus of draft laws providing for bringing of the Code of the Republic of Belarus on Administrative Offences and the Procedural and Executive Code of the Republic of Belarus on Administrative Offences in compliance with this Code;

19.2. within a three-month period, ensure bringing the acts of legislation in compliance with this Edict and carry out other measures for its implementation;

19.3. jointly with the Committee of State Control and the General Prosecutor’s Office, continue work on further improvement of the legislation in the sphere of land protection and use.

20. Local executive committees shall, till February 1, 2008, form and approve lists of free (unoccupied) land plots, and also establish the order of dissemination of information about such plots with designation of an official of the respective local executive committee, responsible for formation of such lists and dissemination of the information included in them.

21. To impose control over observance of the order of seizure and allotment of land plots, transfer of land plots from one category (type) to another on the Committee of State Control, regional and the Minsk City executive committees.

The State Committee on Property shall monthly not later than on the 10th day of the month following the reported month sent to the Committee of State Control and its territorial bodies the information of detected violations of the order of seizure and allotment of land plots, transfer of land plots from some categories into other ones.

The supervision of the precise and uniform implementation of legislation regulating the order of seizure and allotment of land plots shall be imposed on the General Prosecutor and subordinated prosecutors.

22. This Edict enters into force from January 1, 2008, with exception of clause 19. 20 and this clause, which enter into force from the day of the official publication of this Edict.

Clause 15 of this Edict shall remain effective until the entry into force of the laws on introducing changes and/or additions into the Code on Administrative Offences and/or the Procedural and Executive Code of the Republic of Belarus on Administrative Offences.

 

President of the Republic of Belarus

A. Lukashenko

 

* unofficial translation *