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Ease of Doing Business in

Belarus

Belarus Download Profile (1764.2KB, pdf)
Region Europe & Central Asia
Income Category Upper middle income
Population 9,513,000
GNI Per Capita (US$) 6,460
City covered Minsk

190

1

DB 2017 Rank

1

100

DB 2017 DTF (% points)

  • local_library
  • group
Topics DB 2017 Rank DB 2016 Rank info_outline Change in Rank DB 2017 DTF (% points) info_outline DB 2016 DTF (% points) info_outline Change in DTF (% points) info_outline
Overall 37 50 up
13
74.13 70.89 down
3.24
Starting a Business 31 30 down
1
92.91 92.87 up
0.04
Dealing with Construction Permits 28 25 down
3
78.32 78.31 up
0.01
Getting Electricity 24 74 up
50
86.01 72.20 up
13.81
Registering Property 5 7 up
2
92.19 90.53 up
1.66
Getting Credit 101 109 up
8
45.00 40.00 up
5.00
Protecting Minority Investors 42 62 up
20
63.33 58.33 up
5.00
Paying Taxes 99 95 down
4
70.40 70.70 down
0.30
Trading across Borders 30 30
-
93.71 93.71
-
Enforcing Contracts 27 28 up
1
70.36 70.36
-
Resolving Insolvency 69 95 up
26
49.08 41.86 up
7.22

Positive= Doing Business reform making it easier to do business.Negative= Change making it more difficult to do business.

DB 2017 Rank:

5

DB 2016 Rank:

7

Change in Rank:

up2

DB 2017 DTF (% points):

92.19

DB 2016 DTF (% points):

90.53

Change in DTF (% points):

up1.66

STANDARD PROPERTY TRANSFER
Property value BYR 4,361,059,863
City Minsk
Indicator Belarus Europe & Central Asia OECD high income
Procedures (number) info_outline 2 5.3 4.7
Time (days) info_outline 3 20.6 22.4
Cost (% of property value) info_outline 0 2.5 4.2
Quality of the land administration index (0-30) info_outline 23.5 19.8 22.7
  • Measure of efficiency
    No. Procedure Time to Complete Associated Costs
    1

    Obtain the non-encumbrance certificate

    Agency: Minsk City Agency on State Registration and Land Cadastre

    Under the legislation of the Republic of Belarus in the described situation obtaining a non-encumbrance certificate is not mandatory for the registration of a sale-purchase agreement and registration of transfer of title.

    There is possibility to obtain information on rights and encumbrances over the immovable property online but it is allowed only for persons having an agreement with the National Cadastre Agency for paid access to online version of the Unified State Register of Real Estate, Rights Thereto and Transactions Therewith (http://gzk.nca.by/). The fee for access is BYR 450,000 per month.

    However, obtaining paper certificate is recommended, since the information printed out from the online register is not the official document, which cannot be provided to third parties, e.g. as an evidence to the court.

    Resolution of the Council of Ministers of the Republic of Belarus No.156 of February 17, 2012 "On Approval of the Unified List of Administrative Procedures Performed by State Authorities and Other Organizations in Relation to Legal Entities and Individual Entrepreneurs and Amending the Resolution of the Council of Ministers No. 193 of February 14, 2009 and Cancellation of Some Resolutions of the Council of Ministers" sets up three day time limit for issuance of non-encumbrance certificate. However, in practice , it is possible to obtain the non-encumbrance certificate in one day.

    Since January 1st, 2016 the cost for obtaining the non-encumbrance certificate is 0,5 of the base amount or BYR 105,000. The new base amount constitutes BYR 210,000 according to the Resolution of the Council of Ministers of the Republic of Belarus No. 1255 dated December 18, 2015.

    3 working days, but in practice 1 day BYR 105,000
    2

    The buyer applies to the Registry for the registration of a sale-purchase agreement and property title

    Agency: Minsk City Agency on State Registration and Land Cadastre

    The Resolution No. 156 on February 17, 2012 describes the procedure for the state registration of the sale-purchase agreement.

    The list of the documents to be submitted to the Minsk City Agency on State Registration and Land Cadastre for the registration of a property transfer includes:
    1. Application in the established form. Application is prepared by the Registration Clerk after verification of all submitted documents. Completed application is signed by the authorized representatives of both parties.
    2. Certificate of the state registration of the buyer.
    3. Passport or other identification documents for authorized representative.
    4. Sale-purchase agreement signed by the Seller and the Buyer three copies.
    In accordance with the Resolution of the Committee on Land Resources, Land Surveying and Cartography of the Republic of Belarus No.17 of April 23, 2004 "On Approval of the Instruction on the Order of Filling in and Signing the Application on State Registration" the parties may define in the sale purchase agreement that one of them is solely authorized to file the application on state registration.
    5. Deed of assignment or another document, signed by the parties to confirm that transfer of a property from seller to buyer.
    6. Document, confirming registration fee payment to the Registry.

    Within specified time-frame, the authorized representative will obtain following documents:

    1. Sale-purchase agreement with the note of the local agency of state registration and land Cadastre in two copies (one for seller and one for buyer)
    2. Certificate confirming transfer of a title for a warehouse and the land plot to buyer.

    Regular procedure - 7 business days (9-11 calendar days),
    expedited procedure - 2 business days (2-4 calendar days),
    urgent procedure - 1 business day (2 calendar days).
    For regular procedure - 7 business days (9-11 calendar days):
    - 3 Base Amounts for state registration of a sale and purchase agreement;
    - 0,2 Base Amount for state registration of property title to the warehouse;
    - 0,2 Base Amount for a state registration of property title to the land plot +0,6 Base Amount for transfer of encumbrances (if the land plot has any encumbrances);
    - 0,5 Base Amount for preparation and issuance of the land cadastral plan of the land plot;
    - 1 Base Amount for issuance of the certificate confirming title to the land plot to the buyer.

    For expedited procedure - 2 business days (2-4 calendar days):
    - 3 Base Amounts for state registration of a sale purchase agreement;
    - 0,2 Base Amount for state registration of property title to the warehouse;
    - 0,2 Base Amount for a state registration of property title to the land plot +0,6 Base Amount for transfer of encumbrances (if the land plot has any encumbrances);
    - 0,5 Base Amount for preparation and issuance of the land cadastral plan of the land plot;
    - 1 Base Amount for issuance of the certificate confirming title to the land plot to the buyer;
    - 1,5 Base Amounts as additional fee for the expedited procedure.

    For urgent procedure - 1 business day (provided that an application for state registration has been filed to a Local Registry before 16.00):
    - 3 Base Amounts for state registration of a sale purchase agreement;
    - 0,2 Base Amount for state registration of property title to the warehouse;
    - 0,2 Base Amount for a state registration of property title to the land plot +0,6 Base Amount for transfer of encumbrances (if the land plot has any encumbrances);
    - 0,5 Base Amount for preparation and issuance of the land cadastral plan of the land plot;
    - 1 Base Amount for issuance of the certificate confirming title to the land plot to the buyer;
    - 3 Base Amounts as additional fee for the urgent procedure.

    The Base Amount was increased up to BYR 210,000 according to Resolution of the Council of Ministers No. 1059 of December 18, 2015.

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 23.5
    Reliability of infrastructure index (0-8) 7.0
    What is the institution in charge of immovable property registration?
    In what format are the majority of title or deed records kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Computer/Scanned 1.0
    Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions and the like)? Yes 1.0
    In what format are the majority of maps of land plots kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Computer/Fully digital 2.0
    Is there an electronic database for recording boundaries, checking plans and providing cadastral information (geographic information system)? Yes 1.0
    Is the information recorded by the immovable property registration agency and the cadastral or mapping agency kept in a single database, in different but linked databases or in separate databases? Single database 1.0
    Do the immovable property registration agency and cadastral or mapping agency use the same identification number for properties? Yes 1.0
    Transparency of information index (0–6) 4.5
    Who is able to obtain information on land ownership at the agency in charge of immovable property registration in the largest business city? Anyone who pays the official fee 1.0
    Is the list of documents that are required to complete any type of property transaction made publicly available–and if so, how? Yes, online 0.5
    Link for online access: http://mga.by/property_registration_and_license_agreements/for_yur/
    Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in the largest business city made publicly available–and if so, how? Yes, online 0.5
    Link for online access: http://nca.by/rus/formir/service/gos_reg/ http://nca.by/rus/formir/service...
    Does the agency in charge of immovable property registration commit to delivering a legally binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Yes, online 0.5
    Link for online access: http://nca.by/rus/formir/service/gos_reg/
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration? No 0.0
    Are there publicly available official statistics tracking the number of transactions at the immovable property registration agency? Yes 0.5
    Number of property transfers in the largest business city in 2015: 198 080
    Who is able to consult maps of land plots in the largest business city? Anyone who pays the official fee 0.5
    Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? No cost 0.5
    Link for online access: http://map.nca.by
    Does the cadastral or mapping agency commit to delivering an updated map within a specific time frame—and if so, how does it communicate the service standard? Yes, online 0.5
    Link for online access: http://mga.by/technical_inventory/servicies_inventory/
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the cadastral or mapping agency? No 0.0
    Geographic coverage index (0–8) 4.0
    Are all privately held land plots in the economy formally registered at the immovable property registry? No 0.0
    Are all privately held land plots in the largest business city formally registered at the immovable property registry? No 0.0
    Are all privately held land plots in the economy mapped? Yes 2.0
    Are all privately held land plots in the largest business city mapped? Yes 2.0
    Land dispute resolution index (0–8) 8.0
    Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? Yes 1.5
    Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5
    Is there a specific compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Yes 0.5
    Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., checking the compliance of contracts with requirements of the law)? Yes 0.5
    If yes, who is responsible for checking the legality of the documents? Registrar; Notary.
    Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5
    If yes, who is responsible for verifying the identity of the parties? Registrar; Notary.
    Is there a national database to verify the accuracy of identity documents? Yes 1.0
    For a standard land dispute between two local businesses over tenure rights of a property worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? Economic Court of Minsk City
    How long does it take on average to obtain a decision from the first-instance court for such a case (without appeal)? Less than a year 3.0
    Are there any statistics on the number of land disputes in the first instance? Yes 0.5
    Number of land disputes in the largest business city in 2015: 1122
    Equal access to property rights index (-2–0) 0.0
    Do unmarried men and unmarried women have equal ownership rights to property? Yes 0.0
    Do married men and married women have equal ownership rights to property? Yes 0.0