Regulation of the real estate market

The following standard legal acts are in force on April 5, 2009 in the Republic of Belarus:

Section I. On Issues of State Registration of Immovable Property, Rights thereto and Transactions therewith

1.    The Law of the Republic of Belarus on July 22, 2002 “On State Registration of Immovable Property, Rights Thereto and Transactions Therewith”;
2.    The Ordinance of the President of the Republic of Belarus dated December 19, 2008, No. 24 “On Some Issues of Renting Permanent Structures (Buildings, Constructions), Isolated Premises.”
3.    Decrees of the President of Republic of Belarus:

- on December 10, 2002 No.603 “On Establishing the System of State Organisations for State Registration of Immovable Property, Rights Thereto and Transactions Therewith”;

- on March 19, 2004 No.138 “On Certain Measures of Financial Rehabilitation of Agricultural Organizations and Attracting Investments to Agricultural Industry”;

- on June 14, 2004, No.280 “On Procedure and Terms of Selling Enterprises to Legal Entities as Property Complexes of Unprofitable Agricultural Organisations”;

- on August 11, 2005, No.368 “On Some Issues on Disposition of Residential Houses in Rural Settlements”;

- on February 3, 2006, No.70 “On Measures for Improving Registration and Reducing the Number of Abandoned and Dilapidated Houses with Household Premises or Other Kinds of Premises in Rural Areas”

- on March 16, 2006, No.152 “On Confirmation of the List of Administrative Procedures Carried Out by State Authorities and Other State Organisations upon Application of Citizens”;

- on September 14, 2006, No.574 “On Some Issues relating to the Levying of State Dues”;

- on February 25, 2008, No.113 “On the Procedure and Terms of Selling Companies as Property Complexes of Loss-Making State-Owned Organisations to Legal Entities”.

4.    Regulations of the Council of Ministers of the Republic of Belarus:

- on June 27, 2003 No.865 “On Guarantee Fund”;

- on June 1, 2004 No.650 “On Approving the Regulation on the Registration Procedure of Enterprise as Property Complex”;

on June 8, 2004 No.689 “On Approving the Regulation on State Registration of Creation of Operated and Maintained Capital Structures (Buildings, Constructions) and Isolated Premises”;

- on December 17, 2005, No.1475 “On Approving the List of Documents and (or) Data Inquired  by the Organisations Subordinated to the State Committee on Property when Performing Administrative Procedure upon Applications of Citizens”

- on December 31, 2006, No.1805 “On Approval of the Provision on the Procedure of Reconstruction and Rearrangement of Residential Premises in Apartment Buildings and the Provision on the Procedure of Reconstruction of Single Blocked Residential Buildings and Non-Living Premises Located in Near-The-House Areas”

- on November 2, 2008, No. 1644 “On State Registration of Mortgages”

- on November 26, 2008, No.1801 “On Drawing Up the Mortgage Applications and Record of Mortgage Rights”;

- on March 9, 2009, No.294 “On approval of the Programme on Development of State Immovable Property Registration System, Rights  Thereto and Transactions Therewith for 2009-2013”

5.    Regulations of the Committee on Land Resources, Geodesy and Cartography at the Council of Ministers of the Republic of Belarus:

- on January 21, 2003 No.1 “On approving the Provision on Registrar Certification Procedure and Provision of Registrar Register”;

- on February 28, 2003 No.3 “On Approving the Provision on the Internship Procedure in the Organisations for State Registration of Immovable Property and Rights Thereto”;

- on May 7, 2003 No.4 “On Approving the Instructions on Organising and Keeping the Register Book”;

- on July 4, 2003 No.6 “On Approving the Instructions on Making and Issuing Excerpts from the Register Book”;

- on August 5, 2003 No.8 “On approving the Instructions on Organising and Keeping the Register Book of Applications”;

- on March 11, 2004 No.9 “On Creation of Registration Districts”;

- on March 18, 2004 No.10 “On Approving the Instructions on Organising and Keeping the Registration File”;

- on March 25, 2004 No.11 “On Inventory Numbers for Capital Structures and Isolated Premises”;

- on April 6, 2004 No.12 “On Approving the Instructions on Arranging Technical Inventory, Setting its Requirements and Testing the Characteristics of Immovable Property”;

- on April 6, 2004 No.13 “On Form of Registration Inscription, Provided upon State Registration Certification of the Immovable Property Transaction”;

- on April 8, 2004 No.14 “On Cadastral Number of Land Resources”;

- on April 12, 2004 No.15 “On Approving the Instructions on Verification of Registration Procedure Performed by Registrars”;

- on April 23, 2004 No.17 “On Approving the Instructions on Filling In Application for State Registration”;

- on April 28, 2004 No.21 “On Approving the Pricelist for Services on Technical Inventory and State Registration of Immovable Property, Rights Thereto and Transactions Therewith”;

- on May 11, 2004 No.24 “On Approving the Instructions on the Procedure of Issuing, Exemption, Storage and Registration of Seals, Stamps and Registrars’ Forms”;

- on June 14, 2004 No.28 “On Approving the Instructions on Organising and Keeping the Register Book in respect to an Enterprise as Property Complex”;

- on June 16, 2004 No.29 “On Approving the Instructions on Keeping the Register for Streets and Roads”;

- on July 5, 2004 No.33 “On Approving Unified Classification of Purpose for Immovable Property Objects”;

- on July 5, 2004 No.34 “On Approving Standard Legal Acts on Matters of State Registration of Enterprises as Property Complex;

- on July 28, 2004 No.39 “On Approving the Instructions on Procedure for Technical Inventory and Testing the Characteristics of Capital Structures (Buildings, Constructions), Uncompleted Laid Up Capital Structures, Isolated Premises”; 

- on November 17, 2004 No.48 “On Approving the Instructions on Certification of Documents by a Registrar, with the Documents being a Ground for State Registration of Immovable Property Transactions”;

- on January 24, 2005 No.4 “On Approving the Instructions on Providing Information and Documents on Immovable Property, Rights thereto and Transactions therewith by Organisations of State Registration of Immovable Property, Rights thereto and Transactions therewith and on Introducing Alterations to the Regulation by the Committee of Land Resources, Geodesy and Cartography at the Council of Ministers of the Republic of Belarus of July 4, 2003 No.6”;

- on May 2, 2005 No.14 “On Approving the Register of Organisations, Branches thereof and Bureaus for State Registration of Immovable Property, Rights thereto and transactions therewith”;

- on August 23, 2005 No.34 “On Documents Drawn Up upon the Results of Technical Inventory or Testing of Characteristics of Trunk Pipeline”;

- on November 24, 2005 No.42 “On Approving the Pricelist for Services of State Registration of Enterprises as Property Complexes”;

6. Resolutions of the State Committee on Property of the Republic of Belarus:

- on July 27, 2006, No.13 “On Approving the Instructions on the Procedure of Remote Access to the Unified State Register of Immovable Property, Rights thereto and Transactions therewith”;

- on August 24, 2006, No.26 “On Approving Forms of State Registration Certificate and the Instruction on the Procedure of Registrar’s Fulfilling of State Registration Certificate”;

- on March 21, 2007, No.13 “On Holding of Particular (Complex and Multistage) Administrative Procedures and Procedure for Subordinate Organisations’ Interrelations while Citizens’ Fulfillment of the Documents related to Immovable Property, Furnishing of Information and Documents form the Unified State Register of Immovable Property, Rights thereto and Transactions therewith”

- on March 11, 2008, No.14 “On Approving the Instructions on the Procedure of Address Assignment to Immovable Property”

- on May 2, 2008, No.36 “On Approval of Forms of Documents”;

- on August 6, 2008, No.64, “On Approving the Instructions on the Procedure of State Registration of Arising, Transition and Termination of Restrictions (Burdens) related to the Rights to Land Plots connected with Registration of Emerging, Changing and Abolishment of Territories for which Special Mode of Use is Provided”

- on December 23, 2008, No.92 “On Approving the Instructions on the Procedure on Insertion of Information into the Special Register of Mortgages by the Registrars of Organisations on State Registration of Immovable Property, Rights thereto and Transactions therewith”;

7. Joint Resolutions

- the Resolution of the Ministry of Justice of the Republic of Belarus, the Committee on Land Resources, Geodesy and Cartography at the Council of Ministers of the Republic of Belarus dated July 1, 2005, No.33/28 “On Some Issues on Interaction of Commercial Organisations Performing Realtor Activities and Organisations on State Registration of Immovable Property, Rights thereto and Transactions therewith”;

- the Resolution of the Ministry of Justice of the Republic of Belarus, the Committee on Land Resources, Geodesy and Cartography at the Council of Ministers of the Republic of Belarus dated September 27, 2005, No.51/40 “On Measures to Develop and Widen the Range of Realtor Services Rendered by State-Owned Organisations”;

- the Resolution of the Ministry of Justice of the Republic of Belarus, the Committee on Land Resources, Geodesy and Cartography at the Council of Ministers of the Republic of Belarus dated July 29, 2005, No.40/30 “On Approving the Instructions on the Procedure of Interaction of Commercial Organisations Performing Realtor Activities and Organisations on State Registration of Immovable Property, Rights thereto and Transactions therewith”;
   
- the Resolution of the Ministry of Justice of the Republic of Belarus, the Committee on Property of the Republic of Belarus dated October 9, 2007, No. 66/50 “On Some Issues on Settlement of Transaction connected with Immovable Property”;

8. Orders of the Committee on Land Resources, Geodesy and Cartography at the Council of Ministers of the Republic of Belarus, included in the National Register of Legal Acts of the Republic of Belarus,

- on April 16, 2004, No.70 “On Information and Data of the Unified State Register of Immovable Property, Rights thereto and Transactions therewith subject to Protection from Unauthorized Access, Embezzlements and Destructions”;

- on April 8, 2005, No.60 “On Approving the Instructions on Corporate Network for Electronic Information Exchange among Organisations on State Registration of Immovable Property, Rights thereto and Transactions therewith Using Electronic Mail”

- characteristics of job position of a “Registrar of Property”, a “Trainee of Registrar of Property” approved by the Resolution of the Ministry of Labour and Social Protection of the Republic of Belarus dated March 31, 2003, No.35 “On Introduction of Alterations and Supplements to the Job Evaluation Catalogue “Positions of Employees of all Branches of the Economy”.

Section II. On Issues Connected with Regulation of Land Relation

1.    Laws of the Republic of Belarus:

- on February 18, 1991 “On Peasant (Farm) Household”;

- on December 18, 1991 “On Payments for Land”;

- on May 5, 1998 “On Objects being in State Ownership Only”

- on November 11, 2002 “On Personal Part-Time Farms belonging to Citizens”

- on July 23, 2008 the Code of the Republic of Belarus on Land

2.    Decrees of the President of the Republic of Belarus

- on December 17, 2003, No.563 “On Approval of the Provisions on the Procedure of Providing Buildings, Premises, and Plots of Land to Diplomatic Missions, Missions of International Agencies and Consular Posts of Foreign States Which Enjoy the Same Status as Diplomatic Missions in the Republic of Belarus.”

- on February 7, 2006, No.74 “On Improving the Procedure for Fixing the Rent Charge for State-Owned Plots of Land”

- on March 19, 2007, No.130 “On Some Issues Regarding Land Policy”;

- on December 27, 2007, No.667 “On Withdrawing and Granting Plots of Land”

- on January 28, 2008, No.50 “On Measures to Regulate Horticultural Partnerships’ Activities”;

- on February 2, 2009, No.58 “On Some Measures to Protect Proprietary Rights as Land Plots are Withdrawn for State Needs”

3.    Resolutions of the Council of Ministers of the Republic of Belarus

- on March 28, 2007, No.384 “On Cadastral Value of Lands of Forest Reserves”;

- on March 20, 2008, No.427 “On Establishment of a Standard Form for a Land Plot Lease Contract”;

- on March 26, 2008, No.462 “On Some Measures to Implement the Decree of the President of the Republic of Belarus dated December 27, 2008, No.667”;

- on July 21, 2008, No.1048 “On Some Issues to Implement the Decree of President of the Republic of Belarus dated January 28, 2008, No.50”;

- on October 28, 2008, No.1599 “On the Peculiarities of Holding Public Auction (Bidding) for the Purpose of Sales of Land Plots being Mortgaged Property”;

- on December 31, 2008, No.2053 “On Some Measures to Implement the Code of the Republic of Belarus on Land”.

4.    Resolutions of the Committee on Land Resources, Geodesy and Cartography at the Council of Ministers of the Republic of Belarus:

- on May 16, 2002, No.3 “On Approval of the Instructions on Establishment, Restoration and Consolidation of Land Plot Frontiers”;

- on March 2, 2004, No.6 “On Approval of the Instructions on the Procedure on Parceling (Division), Fusion of Land Plots  being in Property”;

5.    Resolution of the State Committee on Property of the Republic of Belarus:

- on May 31, 2007, No.31 “On Some Issues on Cadastral Valuation of Lands”;

- on February, 2008, No.11 “On Approval of Form of the Act on Choosing the Place for a Land Plot Positioning”;

- on January 14, 2009, No.2 “On Some Issues connected with Cadastral Map Maintenance”.

Section III. On Issues of Valuation Activity Execution

1.    Decrees of the President of the Republic of Belarus:
- on October 13, 2006, No.615 “On Appraisal Activities in the Republic of Belarus”;

 - on March 28, 2008, No.187 “On Approval of Provisions on the Procedure of Appraisal of Buildings and Facilities belonging to Natural Persons”.

2.    Resolutions of the Council of Ministers of the Republic of Belarus:

- on February 5, 2007, No.148 “On Approval of the Provision on the Procedure for Carrying Out Appraisers’ Attestation and the Procedure for Introduction of the State Register of Appraisers”;

- on May 17, 2007, No.623 “On Norms for Appraisal of Residential Buildings, Garden Houses, Dachas, Attachments thereof and Separately Located Household Outbuildings and Garages”.


Resolutions of the State Committee on Property of the Republic of Belarus:

- on April 10, 2007, No.24 “On Some Issues on Preparation of Claimants prior to Attestation for the Right to Carry Out an Independent Appraisal”;

- on December 20, 2007, No.67 “On Approval of the Instructions on the Appraisal of Capital Constructions (Buildings, Facilities), Isolated Premises as Objects of Immovable Property”;

- on September 9, 2008, No.70 “On Approval of the Instructions on the Procedure of Appraisal of Enterprises as Property Complexes (Business)”;

- on May 2, 2008, No.35 “On Approval of the Instructions on the Procedure of State-Owned Property Appraisal”;

3.    The Resolution of the State Committee for Standardization of the Republic of Belarus dated March 14, 2007, No.15 approves the following State Standards for value appraisal of the objects of civil law rights:

STB 52.0.01-2007 Value appraisal of the objects of civil law rights. General provisions. 
STB 52.1.01-2007 Value appraisal of the objects of civil law rights. Appraisal of enterprises as property complexes (business).
STB 52.2.01-2007 Value appraisal of the objects of civil law rights. Land plots appraisal.
STB 52.3.01-2007 Value appraisal of the objects of civil law rights. Appraisal of capital constructions (buildings, facilities), isolated premises as objects of immovable property.
STB 52.4.01-2007 Value appraisal of the objects of civil law rights. Appraisal of machinery, equipment, inventory and materials. 
STB 52.5.01-2007 Value appraisal of the objects of civil law rights. Appraisal of intellectual property objects.
STB 52.6.01-2007 Value appraisal of the objects of civil law rights. Transport vehicle appraisal.     
You may acquire the State Standards on value appraisal of the objects of civil law rights at the following address: the city of Minsk, 3 Melezha St.


 

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