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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 30, 2007 No. 407

About some questions connected with demolition of apartment houses on the parcels of land withdrawn for the state needs

(as amended on 02-07-2020)

The Council of Ministers of the Republic of Belarus DECIDES:

1. Approve enclosed:

Regulations on procedure for compensation by customers, builders of apartment houses to the local budget of cost of the premises intended for resettlement of citizens from the apartment houses which are subject to demolition in connection with provision of the parcels of land under house construction and also about procedure of payments of average indicator of such compensation;

Regulations on procedure and conditions of the calculations connected with demolition or transfer of apartment houses, structures, the constructions which are not completed by construction of facilities and plantings in case of them which are in private property of citizens in connection with seizure of land for the state needs.

2. Operation of this resolution does not extend to the legal relationship connected with direct implementation of actions for resettlement of citizens from the apartment houses which are subject to demolition in connection with provision of the parcels of land under house construction, arose to its introduction in force.

2-1. To the Ministry of Architecture explain questions of application to the local budget of cost of the premises intended for the resettlement of citizens from the apartment houses which are subject to demolition in connection with provision of the parcels of land under house construction and also about procedure of payments of average indicator of such compensation approved by this resolution of Regulations on procedure for compensation by customers, builders of apartment houses.

3. To republican state bodies, regional executive committees, the Minsk Gorispolkom to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.

4. This resolution becomes effective in month after its official publication, except for Item 3 and this Item which become effective from the date of adoption of this resolution.

 

Prime Minister of the Republic of Belarus

S. Sidorsky

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 30, 2007 No. 407

Regulations on procedure for compensation by customers, builders of apartment houses to the local budget of cost of the premises intended for resettlement of citizens from the apartment houses which are subject to demolition in connection with provision of the parcels of land under house construction and also about procedure of payments of average indicator of such compensation

1. Are determined by this Provision procedure for compensation by customers, builders of apartment houses to the local budget of cost of the premises intended for resettlement of citizens from the apartment houses which are subject to demolition in connection with provision of the parcels of land under house construction (further – compensation), and also procedure of payments of average indicator of compensation (further – average indicator).

Compensation is made by voluntary conveyance in utility property of the premises located in apartment houses in connection with which construction compensation, or transfers in the local budget of money which size is determined taking into account the average cost of 1 sq.m of total area of premises according to Item 6 of this provision is made.

The procedure, conditions and terms of compensation are determined in the agreements signed between local executive and administrative organs and customers, builders of apartment houses.

2. Local executive and administrative organs annually when forming drafts of local budgets make calculation of average indicator according to Item 3 this provision.

3. The size of average indicator for the planned calendar year is established as a percentage and calculated by the following formula:

 Рисунок 1 к Пост. от 01.09.2015 г. №736

where unitary enterprise – average indicator;

Sper. – total area of all premises in the settlement required for resettlement in the planned calendar year of citizens from the apartment houses which are subject to demolition in connection with provision of the parcels of land under house construction;

Sost. – remaining balance of total area of the premises which arrived in utility property in previous periods for resettlement of citizens from the apartment houses which are subject to demolition in connection with provision of the parcels of land under house construction;

Svvod. – total area of all premises in the apartment houses assumed to commissioning in the settlement in the planned calendar year, except for total area of the premises which are under construction at the expense of means republican and (or) local budgets, money received from provision of rent housing, and also which are under construction for the citizens staying on the registry of persons in need in housing improvement * (except for the citizens recognized as persons in need in housing improvement on the additional bases provided by the organizations in collective agreements), and the mansard floors which are under construction by reconstruction with superstructure.

______________________________

* For the purposes of this provision total area of the premises which are under construction for the citizens staying on the registry of persons in need in housing improvement is understood as total area of premises which construction is performed by the citizens staying on the registry of the construction agreements of premises needing housing improvement for date of the conclusion.

4. Before decision making about withdrawal and provision of the parcel of land and (or) permission of asset construction by local executive and administrative organs agreements according to which are provided are signed with customers, builders of apartment houses (irrespective of availability on the provided parcel of land of the apartment houses which are subject to demolition):

obligation of customers, builders of apartment houses, and also the size, terms and conditions of voluntary conveyance in utility property of premises or transfer in the local budget of money on account of compensation;

obligation of customers, builders of apartment houses and terms of provision independently at the expense of own (raised) funds of premises to the citizens moved from the apartment houses which are subject to demolition in connection with provision of the parcels of land under house construction;

conditions (cases) under which voluntary conveyance in utility property of premises or transfer in the local budget of money on account of compensation are not made or made taking into account deduction;

other conditions according to the legislation.

5. Total area of the premises gratuitously transferred by customers, builders of apartment houses to the utility possession on account of compensation is calculated by the following formula:

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