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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 24, 2021 No. 116

About alienation of apartment houses in the rural zone and enhancement of work with the empty houses

For the purpose of enhancement of procedure for alienation of apartment houses in the rural zone and works with the empty houses, and also creating favorable conditions for their alienation and effective use:

1. Determine that purchase and sale, the exchange, donation (further - alienation) citizens of the operated apartment houses * can be performed without execution of right certifying documents on them in cases when data on such houses are entered in the pokhozyaystvenny book of rural (settlement) executive committee or they are built on the parcels of land provided according to the legislation on protection and use of lands (regardless of state registration of the rights to the parcels of land).

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* For the purposes of Items 1-7 and 35 of this Decree the operated apartment houses are understood as the apartment houses (share in the property right to them) which are in the rural zone and operated till May 8, 2003.

2. The agreement on alienation of the operated apartment house, except for the case provided in Item 3 of this Decree:

consists in simple written form;

is subject to registration in rural (settlement), district, city (the cities of district subordination) executive committee (further if other is not provided, - local executive committee) in the location of such house;

it is considered the prisoner from the date of its registration in local executive committee.

Representation by state bodies and organizations to local executive committees of information requested by them in connection with implementation of registration of the agreement on alienation of the operated apartment house is performed free of charge.

Standard forms of agreements on alienation of the operated apartment house affirm Council of Ministers of the Republic of Belarus.

The parcel of land necessary for servicing of the aloof operated apartment house, is provided it to the acquirer without holding the auction. By provision of the parcel of land in lease the payment for right to contract of lease is not levied. The size of the parcel of land is determined taking into account requirements of the legislation on protection and use of lands. Use of the parcel of land before execution of the right certifying document on it is not unauthorized occupation of the parcel of land.

3. If the parcel of land on which the alienable operated apartment house is located is registered on the right of private property, the agreement on alienation of the operated apartment house and the parcel of land is subject:

to the notarial certificate or the certificate the registrar of the territorial organization for state registration of real estate, the rights to it and transactions with it (further - the organization for state registration);

state registration in the organization for state registration.

Standard forms of agreements on alienation of the operated apartment house and the parcel of land affirm Council of Ministers of the Republic of Belarus.

4. The property right of the acquirer to the operated apartment house arises, and the property right of person alienating the operated apartment house stops from the moment of registration of the agreement on alienation of the operated apartment house (state registration of the agreement on alienation of the operated apartment house and the parcel of land). The subsequent alienation of the operated apartment house without execution of right certifying documents on it is not allowed.

5. If the aloof operated apartment house is located on the parcel of land belonging to person on right of lifetime inheritable possession or leases:

the local executive committee within 10 working days from the date of registration of the agreement on alienation of the operated apartment house sends data on the signed agreement (subject, the parties, date of its registration in local executive committee) to the organization for state registration for entering into the registration book on the mark parcel of land about dispositive facts which is valid before state registration of emergence of the property right to the operated apartment house;

state registration of transition of the right (share in the right) to the parcel of land is performed based on the agreement on alienation of the operated apartment house registered by local executive committee, except for case when as a result of alienation of the operated apartment house the type of the right to the parcel of land changes.

6. Concerning the operated apartment house alienated without availability of right certifying documents on it state registration of its creation is performed based on technical data sheet, emergence of the property right to it - based on the agreement on alienation of the operated apartment house and the document confirming its transfer.

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