RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 7, 2018 No. 433

About approval of the Regulations on procedure for compensation by lessees (loan recipients) for expenses (costs) on content, operation, repair leased (transferred to free use) real estate, costs for sanitary content, municipal and other services

Based on the paragraph of the fourth of part one of subitem 1.13 of Item 1 of the Presidential decree of the Republic of Belarus of May 16, 2023 "About lease and free use by property" and parts three of Item 3 of the Regulations on procedure for determination of the amount of the rent when leasing the real estate approved by the Presidential decree of the Republic of Belarus of May 16, 2023 No. 138, Council of Ministers of the Republic of Belarus DECIDES: No. 138

1. Approve Regulations on procedure for compensation by lessees (loan recipients) for expenses (costs) on content, operation, repair leased (transferred to free use) real estate, costs for sanitary content, municipal and other services it (is applied).

2. Authorize the Ministry of Housing and Public Utilities on giving explanations concerning application of the Regulations on procedure for compensation by lessees (loan recipients) for expenses (costs) approved by this resolution on content, operation, repair leased (transferred to free use) real estate, costs for sanitary content, municipal and other services.

3. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of May 27, 2009 No. 683 "About approval of the Regulations on procedure for compensation by the organizations of expenses for servicing of the buildings, constructions and rooms transferred to them by state-financed organizations to free use or lease" (The national register of legal acts of the Republic of Belarus, 2009, No. 134, 5/29817).

4. This resolution becomes effective in three months after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 7, 2018 No. 433

Regulations on procedure for compensation by lessees (loan recipients) for expenses (costs) on content, operation, repair leased (transferred to free use) real estate, costs for sanitary content, municipal and other services

1. This Provision determines procedure for compensation by lessees (loan recipients) for expenses (costs) by content, operation, repair leased (transferred to free use) the real estate, costs for sanitary content, municipal and other services suffered by the lessor (loaner) (further – expenses of the lessor (loaner).

Action of this provision does not extend to housing stock.

2. For the purposes of this provision the following terms and their determinations are used:

2.1. other services – the services connected with ensuring safety and safety of operation of real estate, except for services in protection of property of the lessee (loan recipient) and servicing of its means and systems of protection;

2.2. capital repairs – set of works, including construction both commissioning, and actions for recovery of the technical, operational and consumer qualities of real estate lost in use;

2.3. utilities – also cold water supply, water disposal (sewerage), gazo-, electro-and heat supply, the address with solid municipal waste is hotter;

2.4. places public:

the staircases, ladders, elevators, lift and other mines, corridors, roofs, technical floors and cellars, bathrooms, external structural elements of the building, other rooms and objects located outside real estate, intended for ensuring its operation and (or) use of which it is performed by two and more agreement parties of lease (free use), including lessees (loan recipients) and lessors (loaners);

the mechanical, electric, sanitary and other equipment, engineering networks and communications which are including outside real estate, intended for ensuring its operation and (or) use of which is performed by two and more agreement parties of lease (free use), including lessees (loan recipients) and lessors (loaners);

the territory intended for servicing, operation and improvement of capital structure (the building, construction), determined according to the title document on the parcel of land;

2.5. real estate – capital structures (buildings, constructions), the isolated rooms, parking places, their parts which are in state-owned property, and also in property of economic societies in which authorized capitals more than 50 percent of shares (shares) are in property of the Republic of Belarus and (or) its administrative and territorial units (except for capital structures (buildings, constructions), the isolated rooms, their parts in the markets and in the shopping centers leased by legal entities and individual entrepreneurs for the organization and implementation of retail trade);

2.6. sanitary content – range of services on sanitary processing (cleaning) of places public and by agreement of the parties the parts of the real estate unit leased (transferred to free use), including sink or other processing, including disinfection, disinsection, deratization, for compliance to their established health requirements;

2.7. content, operation of real estate – the maintenance of real estate including works on maintenance in serviceable and operating state of its structural elements and engineering systems, except for elevators, to ensuring the set parameters and operating modes of engineering systems, except for elevators;

2.8. running repair – set of works, including construction both commissioning, and actions for the prevention of depreciation of real estate, elimination of small damages and defects, improvement of its esthetic qualities;

2.9. maintenance of the elevator – set of works on maintenance of operability of the elevator in case of its operation.

3. The procedure, terms and the sizes * expense recoveries of the lessor (loaner), and also procedure for their change are determined by the parties according to this Provision in case of the conclusion of lease agreements (free use) and are reflected in such agreements or in separately signed contracts for expense recovery (costs).

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* In agreements values of the amount of compensation in the shares or other units of measure determined according to this Provision are reflected.

The sizes of total area and the area of places public of real estate are determined by technical data sheet, and in the absence of possibility of determination of the sizes of the areas according to technical data sheet – by measurement of rooms by the commission created by the lessor (loaner) with inclusion of representatives of lessees (loan recipients) in it.

The size of compensation amount of expenses of the lessor (loaner) shall be confirmed with the calculations and (or) calculations constituted by the lessor (loaner) with their representation to the lessee (loan recipient) according to its requirement.

4. Determination of the lessor (loaner) refunded by the lessee (loan recipient) of part of expenses is performed on:

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