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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 26, 2017 No. 463

About enhancement of procedure for withdrawal and provision of the parcels of land

(as amended of the Presidential decree of the Republic of Belarus of 07.04.2020 No. 121)

For the purpose of enhancement of regulation of the relations in the field of protection and use of lands I decide:

1. Exempt till January 1, 2020 agricultural organizations, the public forestry and landscape institutions, the organizations of local executive and administrative organs which competence includes maintaining forest (forest-park) economy, from payment of the state fee for issue (registration) of right certifying documents on the parcels of land provided to such legal entities for farming and forest (forest-park) economy.

2. Determine that use of the parcels of land provided till January 1, 2008 to the organizations performing operation of housing stock and (or) rendering housing and communal services for servicing of real estate units of housing stock without execution of the right certifying document on the parcel of land is not unauthorized occupation of the parcel of land.

Execution of right certifying documents on such parcels of land is performed as required and shall be complete till January 1, 2023.

3. Determine that land users before decision making about the forthcoming withdrawal of the parcel of land for the state needs and demolition of the real estate units located on it have the right to use the parcels of land, to operate and improve the real estate units located on them without the restrictions on the territories of perspective development of settlements (the territories which are subject to reconstruction, transformation) set by town-planning regulations.

4. Make changes to presidential decrees of the Republic of Belarus according to appendix.

5. Before reduction of forest management projects in compliance with the Forest code of the Republic of Belarus in case of withdrawal and provision of the parcels of land from lands of forest fund the procedure provided by the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667 "About withdrawal and provision of the parcels of land" without the changes made to it by this Decree is applied.

6. The citizens, individual entrepreneurs, legal entities who submitted before entry into force of this Decree the application for provision of the parcel of land, transfer of lands, the parcel of land from one category to another, having the right at the choice:

complete the procedure of withdrawal and provision of the parcel of land, transfer of lands, the parcel of land from one category in another according to the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667 without the changes made to it by this Decree;

address for provision of the parcel of land, transfer of lands, the parcel of land from one category in another according to the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667 taking into account the changes made to it by this Decree.

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

determine procedure for sale of not preserved apartment houses which are not completed by construction, dachas from the public biddings;

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

8. This Decree becomes effective in the following procedure:

Items 1-3, 7 and this Item – after official publication of this Decree;

other provisions of this Decree – in three months after its official publication.

President of the Republic of Belarus

A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of December 26, 2017 No. 463

The list of the changes made to presidential decrees of the Republic of Belarus

1. In the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667 "About withdrawal and provision of the parcels of land":

Items 1 – 12-1 to state in the following edition:

"1. Determine that the parcels of land are provided:

to citizens on the right of temporary use, the life inherited tenancy, private property or lease;

to individual entrepreneurs on the lease right;

to legal entities of the Republic of Belarus on the right of permanent or temporary use, private property or lease, to foreign legal entities and their representations – on the lease right.

The type of the right on which the parcel of land can be provided (further – the corporeal right) is determined according to requirements of this Decree and other legal acts depending on the purposes of its use.

2. Decisions on withdrawal and provision of the parcels of land from farmlands of agricultural purpose, forest lands of forest fund (the nature protection, recreational and improving and protective woods) for the purposes which are not connected with purpose of these lands and also about transfer of such lands in other categories are accepted by regional executive committees only on condition of approval by the President of the Republic of Belarus of possibility of provision of the specified parcels of land for such purposes, except for withdrawals and provisions of the parcels of land for:

constructions and (or) servicing of underground linear constructions (gas pipelines, oil pipelines, power lines, communication, other constructions) and the objects connected with their construction and servicing, performed in borders of conservation zones (controlled strips) of these constructions;

reconstruction of linear constructions, including iron both the highways, and construction of facilities connected with their reconstruction, the conservation zones (controlled strips) of these constructions performed in borders;

arrangements of operational wells for the purpose of the production of hydrocarbonic raw material and objects connected with their servicing;

constructions and (or) servicing of real estate units in borders of free economic zones;

constructions and (or) servicing of real estate units, transport and engineering infrastructure, and also improvement of the territory adjoining to them in settlements which are given the status of the satellite town, in the presence of the master plans of such settlements approved in accordance with the established procedure;

expansions on height of wood and shrubby vegetation (plantings) of glades of air-lines of electricity transmission in each party from extreme wires;

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

Withdrawal and provision of the parcels of land from the lands forming especially protected natural territories are allowed if the purposes and conditions of withdrawal and provision of these parcels of land do not contradict the mode of protection and use of especially protected natural territories.

If withdrawal and provision of the parcel of land are within the competence of different local executive committees (administrations of free economic zones), the decision on withdrawal and provision of this site can be accepted by local executive committee (administration of the free economic zone) within which competence provision of the parcel of land, except for withdrawals and provisions of the parcels of land from farmlands of agricultural purpose, forest lands of forest fund, lands of nature protection, improving, recreational, historical and cultural appointment for the purposes which are not connected with purpose of these lands is.

3. Persons to whom the parcels of land from farmlands are provided of lands of forest fund for the purposes which are not connected with maintaining rural and (or) forestry or the construction of underground linear constructions (gas pipelines, oil pipelines, power lines, communication and other constructions) till one and a half years without seizure of land from lands of agricultural purpose is allowed, shall compensate the losses of agricultural and (or) forestry and landscape production connected with withdrawal of such parcels of land, except as specified, provided in part three of this Item, items 4 and 5 these Decrees.

The procedure for determination, the amount of the losses of agricultural and (or) forestry and landscape production which are subject to compensation are established by Council of Ministers of the Republic of Belarus if other is not established by the President of the Republic of Belarus.

In case of seizure of land from farmlands for the purposes which are not connected with farming, persons to whom such parcels of land are provided can assume liability instead of compensation of losses of agricultural production to provide development of the design estimates on development of the lands which are not used in agricultural industry and work on involvement in turnover of these lands as agricultural. Development of the design estimates and carrying out the specified works are performed by them in time, not exceeding 2 years from the date of decision making about withdrawal and provision of the parcel of land. The area of the lands which are not used in agricultural industry shall be at least the area of the withdrawn parcels of land.

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