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The buyer should request from the seller or the Registry an updated extract which allows the buyer to verify the title of the seller, the encumbrances and legal rights attached to the building and the land plot. In addition, parties must obtain from the Registry a certificate confirming connection of the building with the land plot as well as cadastral plans. The Regulation of the Land Resources, Geodesy and Cartography Committee of the Republic of Belarus No 21 of April 28, 2004 sets the costs for this extract. It is calculated as 0.2 of the basic tax unit each year. For 2009, the basic tax unit is BYR 35,000.
Procedure 2.
Obtain municipality’s approval
Time to complete:
7 days
Cost to complete:
no cost
Name of Agency:
Municipality
Comment:
The parties submit the signed real estate sales agreement to the municipality for a decision on its first refusal rights. There is no charge. Paragraph 12 of Decree No. 667 of December 7, 2007 which came into force in January 2008 states that a sale of capital buildings with land can go through the Real Estate Registry and bypass municipal approval if the buyer will use the land and building for the same purposes as the permissions obtained by the seller.
The documentation includes: Application in the established form The copy of sale-purchase agreement Certificate confirming the connection of the building with the land plot Certificate confirming the title of the seller to the property (Must be in possession of the seller)
Procedure 3.
The buyer applies to the Registry for registration of the sale-purchase agreement and his title to the property
Time to complete:
7-14 days
Cost to complete:
BYR 133,000
Name of Agency:
Registry
Comment:
The buyer must apply to the Registry for state registration of the transfer of title. He should produce the original sale agreement as well as the other documents required. The right to own land is very limited in the Republic of Belarus. The overwhelming majority of legal entities in Belarus hold land plots under lease. The rest of them have either permanent use right or (very few) ownership right to land plots. The parties submit the documents obtained in the previous procedures to the Registry.
Upon his arrival to the Registry, the buyer obtains a number from an electronic teller machine and is called to the registry from the waiting area within the next 5-10 minutes. Buyer’s application is reviewed by the Registry. The base payment is carried out at the cashier's desk of the Agency. In the course of next 10 calendar days the Agency inspects the authenticity of the presented documents, including verification through the database, and makes a decision about registration and issues the certificate about title registration to the new owner.
The documentation shall include: Sale-purchase agreement Application (in the established form) The contract of lease of land plot between the seller and the City of Minsk (Must be in possession of the seller) The document establishing seller’s right of ownership to the building (must be in possession of the seller). Municipality’s approval of the transference (Obtained in Procedure 3) Cost formula is the following) 2,4 bases (BYR 35,000 + BYR 8,750) + 0,2 bases for Register the sale agreement between the seller and buyer = BYR 85,750. ii) 1 base + 0,2 bases (BYR 35,000 = BYR 7,000) for Register the base of transfer of property title. = BYR 42,000.
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