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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of September 4, 2018 No. 357

About the empty and shabby houses

For the purpose of enhancement of accounting treatment and alienation of the empty and shabby houses:

1. Determine that:

1.1. apartment houses concerning which by local executive and administrative organs it is determined that persons having right of possession and uses of them within three last years did not live in them any day and concerning which notifications on intention to use them for accommodation are not provided to local executive and administrative organ are recognized the empty houses;

1.2. the apartment houses which are in critical condition or threatening with collapse * concerning which by local executive and administrative organs it is determined that persons having right of possession and uses of them within the last year did not live in them and do not take measures for recovery of these apartment houses for proper use (or on their demolition), are recognized shabby houses;

______________________________

* Except for the apartment houses, apartments which are in critical condition or threatening with collapse owing to emergency situations of natural and technogenic nature, fighting and acts of terrorism.

1.3. district, city (the cities of regional subordination) executive committees, local administrations of areas in Minsk:

keep registers of the empty houses and registers of shabby houses;

place data from registers of the empty houses and registers of shabby houses in open access on the official sites on the global computer Internet.

2. Approve Regulations on operating procedure with the empty and shabby houses it (is applied).

3. Determine that for the purposes of this Decree terms are used in the following values:

3.1. apartment houses - the one-apartment and blocked apartment houses, including creation of which also apartments in the blocked apartment houses, except for apartment houses, apartments which are in state-owned property are not registered in the procedure established by the legislation, with economic and other constructions or without them;

3.2. persons having right of possession and uses of the apartment house:

the owners, including the heirs who accepted inheritance, but did not draw up the right to the apartment house in the procedure established by the legislation;

members, the former members of the family of the owner of the apartment house who are granted right of possession and uses of the apartment house;

the citizens living in the apartment house provided on testamentary refusal or based on the contract of the perpetual maintenance with dependence;

employers of the apartment house;

other persons in the cases established by legal acts;

3.3. the rural zone - the territory:

the Village Councils, settlements of city type, the cities of district subordination which are administrative and territorial units;

the settlements of city type and the cities of district subordination which are territorial units;

other settlements which are not administrative and territorial units, entering together with other territories space limits of the Village Councils.

4. Declare invalid the Presidential decree of the Republic of Belarus of February 23, 2012 No. 100 "About measures for enhancement of accounting and reducing number of the empty and shabby houses in the rural zone".

5. Make addition and change to the following presidential decrees of the Republic of Belarus:

5.1. No. 232 "About some questions of holding auctions (tenders)" to add Item 2 of the Presidential decree of the Republic of Belarus of May 5, 2009 with the paragraph of the following content:

"auctions for sale of the empty and shabby houses.";

5.2. "About some measures for protection of property rights in case of seizure of land for the state needs" to state paragraph two of Item 9 of the Presidential decree of the Republic of Belarus of February 2, 2009 to No. 58 in the following edition:

"connected with demolition of the empty and shabby houses;".

6. Grant the right:

To explain to Council of Ministers of the Republic of Belarus questions of application of this Decree;

to regional executive committees and the Minsk Gorispolkom to make the decisions necessary for realization of regulations of this Decree in the corresponding territories.

7. To Council of Ministers of the Republic of Belarus in three-months time:

determine procedure for the organization and holding auctions for sale of the empty and shabby houses, and also procedure for their sale without holding auctions;

provide reduction of acts of the legislation in compliance with this Decree and take other measures for its realization.

8. To local executive committees:

in three-months time to take measures for implementation of this Decree;

annually when forming drafts of local budgets for the next financial year to provide means for implementation of this Decree.

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