RESOLUTION OF THE STATE COMMITTEE ON PROPERTY OF THE REPUBLIC OF BELARUS

of December 23, 2022 No. 44

About approval of the Instruction about procedure for work on establishment (recovery), change of borders of the parcels of land

Based on subitem 1.2 of Item 1 of article 28 of the Code of the Republic of Belarus about the earth and subitem 5.1 of Item 5 of the Regulations on the State committee on property of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 958, the State committee on property of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for work on establishment (recovery), to change of borders of the parcels of land it (is applied).

2. Recognize to invalid:

the resolution of the State committee on property of the Republic of Belarus of September 30, 2016 No. 18 "About approval of the Instruction about procedure for division, merge of the parcels of land and work on establishment (recovery) and fixing of border of the parcel of land, and also on change of borders of the parcels of land";

the resolution of the State committee on property of the Republic of Belarus of March 22, 2018 No. 7 "About change of the resolution of the State committee on property of the Republic of Belarus";

the resolution of the State committee on property of the Republic of Belarus of April 12, 2021 No. 8 "About change of the resolution of the State committee on property of the Republic of Belarus of September 30, 2016 No. 18";

the resolution of the State committee on property of the Republic of Belarus of February 1, 2022 No. 2 "About change of the resolution of the State committee on property of the Republic of Belarus of September 30, 2016 No. 18".

3. This resolution becomes effective after its official publication.

Approved by the Resolution of the State committee on property of the Republic of Belarus of December 23, 2022 No. 44

The instruction about procedure for work on establishment (recovery), change of borders of the parcels of land

Chapter 1. General provisions

1. This Instruction determines procedure for work by establishment (recovery) and change of borders of the parcels of land.

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

the database of the parcels of land with the established borders (further – the DB "Establishment of borders") – the database of the geoportal of land information system of the Republic of Belarus (further, if is not established other, – the geoportal) containing data on the parcels of land, including on coordinates of points of turn of borders of the parcels of land concerning which are carried out carry out) works on establishment (recovery) or normalization of their borders;

contractors – the organizations for land management which are under supervision of the State committee on property, design and survey municipal unitary enterprise "Zemproyekt" – in case of performance of works in borders of Minsk, the utility land unitary enterprise "Gomelgeodeztsentr" – in case of performance of works in borders of Gomel, other legal entities and individual entrepreneurs performing works on establishment (recovery), change of borders of the parcels of land, structural divisions of land management of district, city executive committees (in case of performance of works on establishment of unstable borders of the parcels of land);

the interested person – person interested in performance of works on establishment of border of the parcel of land, the other persons who are owners of the parcels of land, interested in performance of works on recovery or change of borders of the parcels of land belonging to them or on error correction of technical nature (or their representatives);

not combination of borders of the parcels of land – not data, imposing of borders of the adjacent parcels of land;

unstable border of the parcel of land – the border of the parcel of land established according to planned cartographic materials with the accuracy determined by their scales without fixing of its points of turn with land marks on the area;

the fixed border of the parcel of land – the border of the parcel of land established (recovered) with fixing of its points of turn with land marks on the area and determination of their coordinates with geodetic method in accordance with the established procedure;

the electronic catalog of coordinates – the catalog of coordinates of points of turn of border of the parcel of land, borders of lands with restrictions (encumbrances) of the rights to the parcel of land provided in electronic form exchange in format and submission of space data (the sheyp-file, json, txt, csv, xls, etc.) containing data on values of coordinates of points of turn of border and attributive information on this parcel of land.

For the purposes of this Instruction the terms "geoportal of land information system of the Republic of Belarus", "border of the parcel of land", "additional parcel of land", "parcel of land", "land users", "land management case", "earth (lands)", "withdrawal of the parcel of land", "restriction (encumbrance) of the rights to the parcel of land", "the organizations for land management", "withdrawal of the parcel of land", "error of technical nature", "the decision on withdrawal and provision of the parcel of land", "purpose of the parcel of land" are used in the values determined by article 1 of Chapter 1 of the Code of the Republic of Belarus about the earth, the terms "geographical information resource of data of remote sensing of Earth", "land information system of the Republic of Belarus" are used in the values determined by article 1 of the Law of the Republic of Belarus of July 14, 2008 No. 396-Z "About geodetic and cartographic activities" the terms "single state register of real estate, rights to it and transactions with it", "cadastral number" are used in the values determined by article 1 of the Law of the Republic of Belarus of July 22, 2002 No. 133-Z "About state registration of real estate, the rights to it and transactions with it", the terms "administrative and territorial unit", "settlement border", "settlement", "territorial unit" are used in the values determined by the Law of the Republic of Belarus of May 5, 1998 No. 154-Z "About the administrative-territorial device of the Republic of Belarus", terms "the borders of the parcels of land requiring normalization" "normalization of borders of the parcels of land" are used in values, determined by subitem 1.1 of Item 1 of the resolution of the State committee on property of the Republic of Belarus of August 29, 2016 No. 16 "About some questions of maintaining the single state register of real estate, the rights to it and transactions with it", the term "the organization operating ZIS" is used in the value determined by the paragraph the eighth parts one of Item 2 of the Instruction on procedure for creation, maintaining (operation and updating) land information system of the Republic of Belarus, bringing to the interested data containing in the database of land information system of the Republic of Belarus approved by the resolution of the State committee on property of the Republic of Belarus of May 17, 2021 No. 10.

3. Works on establishment (recovery), change of borders of the parcels of land, except as specified, provided by part two of this Item are carried out based on the works agreement signed by the contractor with the interested person according to the legislation (further – the works agreement) after payment of their cost by the interested person.

Works on establishment of land management by structural divisions Minsk city, district (city) executive committees of unstable borders of the parcels of land are carried out by these divisions on a grant basis based on orders of these executive committees.

The works agreement is constituted by the contractor within 5 working days from the date of receipt of the document which is the basis for their accomplishment.

4. In case of performance of works on establishment (recovery), change of borders of the parcels of land provided or asked for construction and servicing of objects of engineering and transport infrastructure, including their components and accessories or other objects according to the statement of the interested person additional terms taking into account features of these objects in part can be established:

their field inspection;

designations on the area of border of the parcel of land or location of elements (parts) of construction and display on the plan of borders of the parcel of land and (or) on the scheme of communication (binding) with objects of the area of points of turn of border of the parcel of land of elements of situation and infrastructure of such objects.

Additional terms are drawn up by the specification under approval of the interested person of the contractor.

5. If in case of establishment or change of borders of the parcels of land signs of unauthorized occupation of the parcels of land or their parts (on the parcel of land capital structures (buildings, constructions are located), the barriers, their parts which are not belonging to the interested person or self-willedally by it built (reconstructed) are seen, and also discrepancies of the actual use of the parcel of land to its purpose, the contractor within 3 working days from the date of identification of the specified signs in writing notifies on the specified signs Minsk city, city (the cities of regional, district subordination), district rural, settlement executive committees according to its competence, stipulated by the legislation on protection and use of lands, for taking measures according to the legislation. At the same time further works on establishment or change of borders of the parcels of land stop for a period of up to two months from the date of the notification of the specified local executive and administrative organ.

In case of non receipt of information on the measures taken by the relevant local executive and administrative organ after the specified term performance of works stops.

Land management works on establishment, change of border of the parcel of land can be resumed after acceptance by the local executive and administrative organ of stipulated by the legislation measures specified in part one of this Item concerning the revealed signs of unauthorized occupation of the parcels of land or their parts or in case of their non-confirmation.

Action of this Item does not extend to work on establishment of borders of the parcels of land according to Items 2, 3 and 4 articles 3 of the Law of the Republic of Belarus of July 18, 2022 No. 195-Z "About change of codes".

6. In the presence of the bases for cessation of work on establishment (recovery), change of borders of the parcels of land provided by this Instruction, the works agreement is terminated by the contractor unilaterally. In that case the interested person makes payment of cost of actually performed works.

7. By results of the performed works on establishment (recovery) or change of borders of the parcels of land materials (land management case) on establishment (recovery) of border of the parcel of land or change of border of the parcel of land are drawn up (further – land management case).

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