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

It is accepted by the House of Representatives on June 21, 2002

Approved by Council of the Republic on June 28, 2002

This Law establishes the legal basis and procedure for state registration of real estate, the rights and restrictions (encumbrances) of the rights to it, and also transactions with it within the territory of the Republic of Belarus for the purpose of recognition and protection by the state of the rights registered according to this Law, restrictions (encumbrances) of the rights to real estate and transactions with it.

Chapter 1. General provisions

Article 1. Main terms and concepts

For the purposes of this Law the following main terms, concepts and their determinations are applied:

again formed real estate – the parcel of land allocated from the lands which are not registered in the single state register of real estate, the rights to it and transactions with it; again constructed capital structure (the building, construction), the incomplete preserved capital structure, the isolated room, the parking place;

the single state register of real estate, the rights to it and transactions with it – the systematized code of data and documents concerning the registered real estate units which are in the territory of the Republic of Belarus;

identification data – surname, own name, middle name (if that is available), number, month, year of birth, identification number, nationality of physical person; full name, registration number and date of state registration of the legal entity or individual entrepreneur, number, month, year of birth of the individual entrepreneur, accounting number of the payer – the legal entity or the individual entrepreneur;;

change of border of the parcel of land – change of lengths of lines, quantities of rotary points or angles of rotation of border of the parcel of land in case of which cadastral number and purpose of the parcel of land remain invariable;

the isolated room – the internal spatial part of capital structure (the building, construction) separated other adjacent parts of structure by overlappings, walls, partitions, having independent entrance from the auxiliary room (lobby, corridor, gallery, ladder march or the platform, the lift hall, etc.) or from the territory public (the house adjoining territory, the street, etc.) is direct or through other rooms, the territory by establishment of the servitude, appointment, the location in structure which area are described in documents of the single state register of real estate, the rights to it and transactions with it;

accession number – number of capital structure which is not repeating in the territory of the Republic of Belarus (the building, construction), the incomplete preserved capital structure, the isolated room, the parking place, kept during the entire period of existence of capital structure (buildings, constructions), the incomplete preserved capital structure, the isolated room, the parking place;

the cadastral map – the document of the single state register of real estate, the rights to it and transactions with it containing graphical representation of the territory of the respective registration district, borders of the parcels of land, servitudes, conservation zones, arrangements of capital structures (buildings, constructions), the incomplete preserved capital structures on the parcels of land and also data on cadastral numbers of the parcels of land and accession numbers of capital structures (buildings, constructions), the incomplete preserved capital structures, other information according to the legislation;

cadastral number – the number of the parcel of land which is not repeating in the territory of the Republic of Belarus kept during the entire period of existence of the parcel of land;

capital structure (the building, construction) – any object constructed on the earth or underground intended for long operation, which creation acknowledged complete according to the legislation, firmly connected with the earth which movement without disproportionate damage to its appointment is impossible, appointment, the location which sizes are described in documents of the single state register of real estate, the rights to it and transactions with it;

the parking place – the parking lot intended for placement of the vehicle and which is part of capital structure (the building, construction, including the parking), belonging to legal entity or physical person and registered as the real estate unit according to the rules established by the legislation on state registration of real estate, the rights to it and transactions with it for the non-residential isolated premises;

the incomplete preserved capital structure – the preserved construction object which creation as capital structure is authorized according to the legislation, but is not complete, having strong communication with the earth, appointment, the location which sizes are described in documents of the single state register of real estate, the rights to it and transactions with it;

restriction (encumbrance) of the rights – the right concerning specific real estate of person who is not his owner including the servitude, mortgage, trust management, lease, free use; the condition or prohibition limiting the owner including arrest, assignment to real estate of the status of historical and cultural value, the encumbrance established concerning real estate in case of privatization of state-owned property;

specification of the real estate unit – cadastral number, appointment, the description of border, the location, the area of the parcel of land; accession number, appointment, the location, the area and (or) other sizes of capital structure (the building, construction), the incomplete preserved capital structure, the isolated room, the parking place, and also other characteristics of real estate units in the cases established by legal acts;

error of nontechnical nature – mistake in documents of the single state register of real estate, the rights to it and transactions with it which correction can entail origin, transition or the termination of the rights, restrictions (encumbrances) of the rights to real estate or damnification to interested persons. Wrong specifying of other owner, the name of type of the right, restriction (encumbrance) of the right, misstatement of the size of shares in common property, in particular, belong to errors of nontechnical nature;

the registration book – the document of the single state register of real estate, the rights to it and transactions with it containing records about the made registration actions and other records concerning the real estate units located in the territory of the respective registration district;

registration case – the document of the single state register of real estate, the rights to it and transactions with it containing originals of statements, including statements for state registration, and also the copy of the documents which are the basis for state registration concerning the specific real estate unit and also other documents according to the legislation;

the registration district – part of the territory of the Republic of Belarus in borders of one or more administrative and territorial unit within which performs activities the relevant territorial organization for state registration;

the territorial register of real estate – the part of the single state register of real estate, the rights to it and transactions with it containing the systematized code of data and documents concerning the registered real estate units which are in the territory of the respective registration district;

technical inventory count of real estate – collection, establishment and processing of data on availability, the location, structure, the area and other characteristics, condition, real estate value on the basis of results of inspection of real estate in nature;

technical mistake – mistake in the document of the single state register of real estate, the rights to it and transactions with it which correction does not attract origin, transition or the termination of the rights, restrictions (encumbrances) of the rights to real estate. In particular, slips in words, the omission of words, figures, mistake in arithmetic calculations belong to technical mistakes;

the electronic copy of the paper document – the electronic display of the paper document corresponding to the original and signed by the digital signature of person which made such electronic display.

Article 2. Legislation on state registration of real estate, rights to it and transactions with it

The relations connected with state registration of real estate, the rights to it and transactions with it in the Republic of Belarus are regulated by the Civil code of the Republic of Belarus, the Code of the Republic of Belarus about the earth, this Law and other acts of the legislation.

Article 3. Application of this Law

1. This Law establishes rules of state registration concerning the following types of real estate units:

1.1. parcels of land;

1.2. capital structures (buildings, constructions);

1.21. the incomplete preserved capital structures;

1.3. the isolated rooms, including residential;

1.3-1. parking places;

1.4. companies as property complexes;

1.5. other types of real estate in the cases established by legal acts.

2. Rules of state registration concerning subsoil plots, superficial water objects, the woods, long-term plantings, air and ocean ships, inland navigation vessels, courts of swimming "river sea", space objects are established by the Government of the Republic of Belarus if this Law, by other legal acts does not determine other.

3. By the president of the Republic of Belarus other rules of state registration of real estate, the rights to it and transactions with it can be determined, than those which are provided by this Law.

Article 4. Subjects to state registration

Subjects to state registration are:

creation, change, termination of existence of real estate;

origin, transition, the termination of the rights to real estate, including share in the rights (further – the rights), except for share in the right of common property to common property of joint household, and restrictions (encumbrances) of the rights to real estate according to this Law and other legal acts;

the real estate transactions which are subject according to legal acts to state registration.

Article 5. Subjects of state registration

1. Subjects of state registration of real estate, the rights to it and transactions with it are the republican organization for state registration of real estate, the rights to it and transactions with it (further - the republican organization for state registration), the territorial organizations for state registration of real estate and the rights to it (further - the territorial organizations for state registration), registrars, the authorized intermediaries, and also owners of real estate and owners of other rights concerning real estate (further - owners), persons applying for acquisition of rights concerning real estate (further - candidates for owners).

2. Can be owners and candidates for owners:

Republic of Belarus and its administrative and territorial units;

legal entities of the Republic of Belarus, foreign and international legal entities;

individual entrepreneurs;

citizens of the Republic of Belarus, foreign citizens, stateless persons;

foreign states.

Article 6. The right to representation in the relations regulated by the legislation on state registration of real estate, the rights to it and transactions with it

1. Citizens, individual entrepreneurs and legal entities can participate in the relations regulated by this Law through the representatives if other is not provided by legal acts. Powers of representatives of citizens and individual entrepreneurs shall be confirmed with notarially certified power of attorney if other is not provided by legal acts.

Powers on receipt of the certificate (certificate) of state registration granted by results of state registration and (or) other documents connected with this state registration can be confirmed with the corresponding application for state registration signed by the citizen or the individual entrepreneur.

If the basis for state registration of real estate, the rights, restrictions (encumbrances) of the rights to it and transactions with it are the documents certified or issued by the notary, the notary who made the corresponding notarial action, having the right to represent the interests of persons (person) who addressed for making of this action in the republican or territorial organization for state registration for the written application of these persons (person).

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