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

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, 2025.

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. Ceased to be valid according to the Presidential decree of the Republic of Belarus of 30.12.2022 No. 466

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.

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. Ceased to be valid according to the Presidential decree of the Republic of Belarus of 30.12.2022 No. 466

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. Ceased to be valid according to the Presidential decree of the Republic of Belarus of 30.12.2022 No. 466

4. Losses of agricultural production are not compensated in case of withdrawal of farmlands:

4.1. for construction and (or) servicing of the meliorative systems intended for irrigation and drainage of lands of agricultural purpose;

4.2. for construction and (or) servicing of objects of the fish-breeding organizations (except for withdrawals of arable lands, lands under permanent cultures, meadow lands on which works on their radical improvement are carried out);

4.3. for construction and (or) servicing of apartment houses, hostels, health care facilities (hospitals (clinic), polyclinic, out-patient clinic and medical and obstetrical centers, dispensaries, stations of emergency medical service and blood transfusion, specialized health centers, children's homes and maternity hospitals), social servicing, provision of social services (education and education, cultural and educational (clubs, palaces and recreation centers, libraries, the museums, monuments, memorial complexes, fine art studio), consumer services of the population), renderings of services of religious (cult) appointment, construction and (or) servicing of places of burial, and also objects of transport and engineering infrastructure to the objects specified in this subitem;

4.4. for construction and (or) servicing of highways public;

4.5. for construction and (or) the servicing of objects of roadside service, transport and engineering infrastructure to them located on roadside strip (in the controlled area) republican highways or the parcel of land which part is on roadside strip (in the controlled area) and other part directly adjoins to roadside strip (controlled area) of republican highways;

4.6. for construction and (or) servicing of the constructions and obstacles necessary for protection of Frontier of the Republic of Belarus, within border area and borderland;

4.7. for strip of fixture of Frontier of the Republic of Belarus, installation, preserving and maintenance in good repair border markers;

4.8. for production of sapropels on fertilizer and peat on fertilizer and fuel, and also construction of facilities, necessary for their production;

4.9. for warehousing and drying of lignin for fuel production;

4.10. for creation of especially protected natural territories;

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