Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 2, 2021 No. 76

About execution of right certifying documents

For the purpose of enhancement of the conditions connected with execution of right certifying documents on separate types of real estate:

1. Determine that:

1.1. till January 1, 2023 withdrawal and provision of the parcels of land for construction and servicing of the capital structures (buildings, constructions) operated * are performed without project development of withdrawal of the parcels of land:

to authorized persons on management of common property of joint household in apartment houses (further - the authorized person);

to the organizations performing accounting, calculation and charge of payment for housing and communal services and payments for use of premises **;

to the organizations of water and sewer economy.

______________________________

* On the date of entry into force of this Decree.

** Which property is in state-owned property.

The organizations specified in the parts one of this subitem interested in execution of right certifying documents on the parcels of land (further - the interested person), address to local executive and administrative organ in the location of the asked parcel of land with the statement for provision of the parcel of land.

Are specified in the statement for provision of the parcel of land:

the purpose for which the parcel of land is asked;

type of the right to the asked parcel of land;

the planned location of the parcel of land and its approximate area.

Are enclosed to the application for provision of the parcel of land:

the copy of the document confirming state registration of the interested person;

the project documentation on construction of capital structure (the building, construction) (in case of its availability), technical data sheet (the sheet of technical characteristics) on capital structure (the building, construction);

the statement from the decision of local executive and administrative organ on appointment of the authorized person or the decision regional (The Minsk city) executive committee about creation of the state customer in the sphere of housing and communal services (if such customer is created) - in case of the address of the authorized person with the statement for provision of the parcel of land for construction and servicing of the operated apartment apartment house.

The local executive and administrative organ within 5 working days from the date of receipt of the documents specified in parts three and the fourth this subitem considers the application for provision of the parcel of land, grants permission to the organization for land management (further - the contractor) for establishment of border of the parcel of land on the area, and also reports to the interested person about results of consideration of its statement.

In the presence of the bases for refusal in provision of the parcel of land the local executive and administrative organ within 10 working days from the date of receipt of the statement of the interested person makes the decision on refusal in provision of the parcel of land with indication of the bases of refusal and within 3 working days from the date of adoption of such decision sends its copy (the statement from the decision) to the interested person.

The decision on refusal in provision of the parcel of land can be appealed in higher executive committee and (or) in court.

Are applied by local executive and administrative organ to permission to establishment of border of the parcel of land to areas:

the documents specified in part four of this subitem;

the copy of the town-planning project of detailed planning (in case of placement of the parcel of land in city borders), or the copy of the master plan of the settlement (in case of placement of the parcel of land in borders of the rural settlement, settlement of city type), or other planned cartographic materials with the put border of the asked parcel of land.

The area and border of the parcel of land are determined by local executive and administrative organ proceeding from:

the actual use * or the project documentation on construction of capital structure (the building, construction) and information on subjects to external improvement **, engineering and transport infrastructure ***, transferred to state-owned property;

construction regulations and town-planning documentation, and concerning capital structures (buildings, constructions) of water and sewer economy - also zones of sanitary protection.

______________________________

* In case of determination of border of the parcel of land proceeding from the actual use the border of the parcel of land shall include capital structure (the building, construction), its components and accessories (economic constructions, cellars, first floors, extensions, porch, ramps and other similar objects (in case of their availability).

** Subjects to external improvement are understood as objects of the planted trees and shrubs territory, pedestrian communications, small architectural forms, planning and volume elements of improvement, the gaming and sports equipment, and also other objects intended for creation of comfortable (esthetic) conditions in the habitat of the person.

*** Objects of engineering and transport infrastructure are understood as constructions, engineering networks electro-, warm, gazo-and water supply, the sewerage, communication, TV both radiofications and other communications.

Establishment of border of the parcel of land on the area is performed by the contractor based on the works agreement signed by it with the interested person at the expense of means of this person.

Creation by the contractor of the works agreement and the direction it to the interested person are performed within 3 working days from the date of receipt of local executive and administrative organ by the contractor of permission to establishment of border of the parcel of land on the area.

The interested person signs the works agreement within 7 working days from the date of its obtaining. In case of not agreement signature of the contract by the interested person in the specified time or non-payment it the works provided in the agreement in time established by this agreement the contractor returns to local executive and administrative organ its permission without execution with the explanation of the reasons of non-execution.

Establishment of border of the parcel of land on areas and registration of land management case is made according to the procedure, determined by the State committee on property, in time, not exceeding 15 working days from the date of payment of these works.

The contractor stops works on establishment of border of the parcel of land on the area and within 3 working days informs on it local executive and administrative organ if:

in case of performance of works the circumstances testimonial of impossibility of establishment of border of the parcel of land without project development of its branch are revealed;

the interested person does not agree with the established border of the parcel of land.

In the cases specified in part fourteen of this subitem, the signed works agreement on establishment of border of the parcel of land on the area is terminated what the contractor without delay notifies local executive and administrative organ on. At the same time to the contractor actually performed work on establishment of border of the parcel of land on the area is paid.

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