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. The main terms used in this Law and their determinations

1. In this Law the following main terms and their determinations are used:

1.1. 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; newly created capital structure (the building, construction), the incomplete preserved capital structure, the isolated room, the parking place;

1.2. the single state register of real estate, the rights to it and transactions with it - the state information resource containing data and documents concerning the registered real estate units which are in the territory of the Republic of Belarus, the rights, restrictions (encumbrances) of the rights to real estate and transactions with it;

1.3. 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, date of state registration and accounting number of the payer of the legal entity; surname, own name, middle name (if that is available), number, month, year of birth, registration number, date of state registration and accounting number of the payer of the individual entrepreneur;

1.4. 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;

1.5. 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 the single state register of real estate, the rights to it and transactions with it;

1.6. 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 which remains during the entire period of existence of capital structure (the building, construction), the incomplete preserved capital structure, the isolated room, the parking place and cannot be appropriated to other real estate unit;

1.7. the cadastral map - the part of the single state register of real estate, the rights to it and transactions with it containing graphical representation of the territory of the 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 information 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;

1.8. cadastral number - number of the parcel of land which is not repeating in the territory of the Republic of Belarus which remains during the entire period of existence of the parcel of land and cannot be appropriated to other real estate unit;

1.9. capital structure (the building, construction) - any object built 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 the single state register of real estate, the rights to it and transactions with it;

1.10. 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;

1.11. 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, the location which sizes are described in the single state register of real estate, the rights to it and transactions with it;

1.12. 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, giving 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;

1.13. specification of the real estate unit - cadastral number, appointment, 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 the real estate unit in the cases established by legal acts;

1.14. error of nontechnical nature - mistake in 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, type of the right, restriction (encumbrance) of the right, misstatement of the size of shares in the right to real estate, in particular, belong to errors of nontechnical nature;

1.15. spatial data of the real estate unit - the data on arrangement of the real estate unit in space including the data on its form including provided with use of coordinates;

1.16. the registration book - the part of the single state register of real estate, the rights to it and transactions with it containing records about committed registration and other actions concerning real estate units;

1.17. registration case - the part of the single state register of real estate, the rights to it and transactions with it containing 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, other documents according to the legislation;

1.18. the registration district - part of the territory of the Republic of Belarus in borders of one or more administrative and territorial unit within which the territorial organization for state registration of real estate, the rights to it and transactions with it is created (further - the territorial organization for state registration);

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

1.20. technical mistake - mistake in 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, the omission of words, figures, mistake in arithmetic calculations belong to technical mistakes.

2. The terms "state information system" and "state information resource" are used in this Law in the values determined by the Law of the Republic of Belarus of November 10, 2008 No. 455-Z "About information, informatization and information security".

The terms "electronic copy of the paper document" and "electronic document" are used in this Law in the values determined by the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature".

Article 2. Legal regulation of the relations connected with state registration of real estate, the rights to it and transactions with it

1. The relations connected with state registration of real estate, the rights to it and transactions with it are regulated by the legislation on state registration of real estate, the rights to it and transactions with it, and also the international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus.

2. The legislation on state registration of real estate, the rights to it and transactions with it is based on the Constitution of the Republic of Belarus and consists of the Civil code of the Republic of Belarus, the Code of the Republic of Belarus about the earth, the Code of the Republic of Belarus about architectural, town-planning and construction activities, this Law and other acts of the legislation.

3. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

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);

1.3. the incomplete preserved capital structures;

1.4. the isolated rooms, including residential;

1.5. parking places;

1.6. companies as property complexes;

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

2. Rules of state registration concerning subsoil plots, air and ocean ships, inland navigation vessels, courts mixed (the river - the sea) swimmings, space objects are established by the Government of the Republic of Belarus if this Law, by other legal acts does not determine other.

3. Features of legal regulation of the relations regulated by this Law can be established by the president of the Republic of Belarus.

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 if other is not established, - 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, registrars, other employees of the republican organization for state registration or the territorial organizations for state registration authorized by their heads on documents acceptance, represented for implementation of state registration, entering of corrections into the single state register of real estate, the rights to it and transactions with it, notaries, 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), other interested persons.

2. Can be owners and candidates for owners:

2.1. Republic of Belarus and its administrative and territorial units;

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

2.3. individual entrepreneurs;

2.4. citizens of the Republic of Belarus, foreign citizens, stateless persons, except for individual entrepreneurs (further if other is not established, - citizens);

2.5. 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.

2. Personal participation of citizens, individual entrepreneurs and legal entities in the relations regulated by this Law does not deprive of them the right to have the representative, is equal as participation of the representative does not deprive of them the right to personal participation in the specified legal relationship.

Article 7. Participation of the notary in the relations regulated by the legislation on state registration of real estate, the rights to it and transactions with it

1. 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 sends in day of its making to the state information system "Unified Register of Property" for implementation of state registration electronic copies of such paper documents and the notification on their direction constituted in the form of the electronic document (further - the notification of the notary on the direction of documents for state registration), and also receives the certificate (certificate) of state registration constituted in the form of the electronic document, and in case of making of notarial action far off - on paper, sent it by the registrar in time, established by part eight of Item 5 of article 44 of this Law.

The notary does not direct documents according to part one of this Item in case:

making of notarial actions in the absence of state registration concerning one of real estate units, the rights to which are connected among themselves;

issues of the certificate on the property right to shares in the property acquired by spouses during marriage on the real estate which is not registered in the single state register of real estate, the rights to it and transactions with it;

issues to the heir (heirs) of the certificate on the property right to shares in the property acquired by spouses during marriage;

issues of the certificate on the right to inheritance on the real estate which is not registered in the single state register of real estate, the rights to it and transactions with it;

issues of the certificate on the right to inheritance on the parcels of land after eighteen months from the date of opening of inheritance;

when the basis for state registration, except subjects to the direction the notary of documents, other documents are.

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