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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 27, 2007 No. 667

About withdrawal and provision of the parcels of land

(as amended on 16-07-2021)

For the purpose of enhancement of regulation of the relations in the field of protection and use of lands in the territory of the Republic of Belarus, including procedure for provision of the parcels of land in case of sale of the real estate which is in state-owned property, expansions of powers of local executive and administrative organs in the solution of questions of withdrawal and provision of the parcels of land:

1. Determine that the parcels of land are provided regional, Minsk city, city (the cities of regional, district subordination), district, rural, settlement executive committees (further if other is not provided, – local executive committees):

to citizens on the right of temporary use, the life inherited tenancy, private property or lease;

to individual entrepreneurs on the lease right;

to legal entities of the Republic of Belarus on the right of permanent or temporary use, private property or lease, to foreign legal entities and their representations – on the lease right.

The type of the right on which the parcel of land can be provided (further – the corporeal right) is determined according to requirements of this Decree and other legal acts depending on the purposes of its use.

Regional (The Minsk city) and city (the cities of regional subordination) executive committees have the right to delegate to administrations of free economic zones the right to withdrawal and provision to lease of the parcels of land to residents of free economic zones in borders of the respective free economic zones, implementation in need of transfer of the parcels of land from one categories and types in others.

2. Decisions on withdrawal and provision of the parcels of land from farmlands of agricultural purpose, forest lands of forest fund (the nature protection, recreational and improving and protective woods) for the purposes which are not connected with purpose of these lands and also about transfer of such lands in other categories are accepted by regional executive committees only on condition of approval by the President of the Republic of Belarus of possibility of provision of the specified parcels of land for such purposes, except for withdrawals and provisions of the parcels of land for:

construction and servicing of underground linear constructions (gas pipelines, oil pipelines, power lines, communication, other constructions) and the objects connected with their construction and servicing, performed in borders of conservation zones (controlled strips) of these constructions;

reconstruction of linear constructions, including iron both the highways, and construction of facilities connected with their reconstruction, the conservation zones (controlled strips) of these constructions performed in borders;

arrangements of operational wells for the purpose of the production of hydrocarbonic raw material and objects connected with their servicing;

construction and servicing of real estate units in borders of free economic zones;

construction and servicing of real estate units, transport and engineering infrastructure, and also improvement of the territory adjoining to them in settlements which are given the status of the satellite town, in the presence of the master plans of such settlements approved in accordance with the established procedure;

expansions on height of wood and shrubby vegetation (plantings) of glades of air-lines of electricity transmission in each party from extreme wires;

other purposes determined by the President of the Republic of Belarus.

Withdrawal and provision of the parcels of land from the lands forming especially protected natural territories are allowed if the purposes and conditions of withdrawal and provision of these parcels of land do not contradict the mode of protection and use of especially protected natural territories.

If withdrawal and provision of the parcel of land are within the competence of different local executive committees (administrations of free economic zones), the decision on withdrawal and provision of this site can be accepted by local executive committee (administration of the free economic zone) within which competence provision of the parcel of land, except for withdrawals and provisions of the parcels of land from farmlands of agricultural purpose, forest lands of forest fund, lands of nature protection, improving, recreational, historical and cultural appointment for the purposes which are not connected with purpose of these lands is.

3. Persons to whom the parcels of land from farmlands are provided of lands of forest fund for the purposes which are not connected with maintaining rural and (or) forestry or the construction of underground linear constructions (gas pipelines, oil pipelines, power lines, communication and other constructions) till one and a half years without seizure of land from lands of agricultural purpose is allowed, shall compensate the losses of agricultural and (or) forestry and landscape production connected with withdrawal of such parcels of land, except as specified, provided in part three of this Item, items 4 and 5 these Decrees.

The procedure for determination, the amount of the losses of agricultural and (or) forestry and landscape production which are subject to compensation are established by Council of Ministers of the Republic of Belarus if other is not established by the President of the Republic of Belarus.

In case of seizure of land from farmlands for the purposes which are not connected with farming, persons to whom such parcels of land are provided can assume liability instead of compensation of losses of agricultural production to provide development of the design estimates on development of the lands which are not used in agricultural industry and work on involvement in turnover of these lands as agricultural. Development of the design estimates and carrying out the specified works are performed by them in time, not exceeding 2 years from the date of decision making about withdrawal and provision of the parcel of land. The area of the lands which are not used in agricultural industry shall be at least the area of the withdrawn parcels of land.

If compensation amounts of losses of agricultural production exceed the cost of development of the design estimates and carrying out the specified works, persons to whom the parcels of land are provided shall compensate also the amounts of losses of agricultural production in the amount of missing part.

In case of non-execution within 2 years of the obligations provided in part three of this Item, the compensation amount of losses of agricultural production is subject to collection in the republican budget in indisputable procedure by the local executive committee which made the decision on provision of the parcel of land with charge of percent in the amount of the refunding rate established by National Bank for date of collection.

4. Losses of agricultural production are not compensated in case of withdrawal of farmlands:

4.1. for construction and servicing of the meliorative systems intended for irrigation and drainage of lands of agricultural purpose;

4.2. for construction and servicing of objects of the fish-breeding organizations (except for withdrawals of arable lands, lands under permanent cultures, meadow lands on which works on their radical improvement are carried out);

4.3. for construction and servicing of apartment houses, hostels, health care facilities (hospitals (clinic), polyclinic, out-patient clinic and medical and obstetrical centers, dispensaries, stations of emergency medical service and blood transfusion, specialized health centers, children's homes and maternity hospitals), social servicing, provision of social services (education and education, cultural and educational (clubs, palaces and recreation centers, libraries, the museums, monuments, memorial complexes, fine art studio), consumer services of the population), renderings of services of religious (cult) appointment,

construction and servicing of places of burial, and also objects of transport and engineering infrastructure to the objects specified in this subitem;

4.4. for construction and servicing of highways public;

4.5. for construction and the servicing of objects of roadside service, transport and engineering infrastructure to them located on roadside strip (in the controlled area) republican highways or the parcel of land which part is on roadside strip (in the controlled area) and other part directly adjoins to roadside strip (controlled area) of republican highways;

4.6. for construction and servicing of the constructions and obstacles necessary for protection of Frontier of the Republic of Belarus, within border area and borderland;

4.7. for strip of fixture of Frontier of the Republic of Belarus, installation, preserving and maintenance in good repair border markers;

4.8. for production of sapropels on fertilizer and peat on fertilizer and fuel, and also construction of facilities, necessary for their production;

4.9. for warehousing and drying of lignin for fuel production;

4.10. for creation of especially protected natural territories;

4.11. by provision in accordance with the established procedure the parcels of land from farmlands to the public forestry and landscape institutions, the organizations which property is in utility property and which competence includes maintaining forest-park economy;

4.12. for creation of water storage basins in case of construction of hydroelectric power stations;

4.13. by provision of the parcels of land from farmlands in temporary use or lease for construction of air-lines of electricity transmission and communication (except for the parcels of land intended for installation of support) if this construction is performed in approved with land users whose from lands the parcels of land, terms providing free accomplishment of agricultural works are withdrawn;

4.14. for collective gardening, country construction;

4.15. for realization by residents of the special tourist and recreational park "August Channel" of investment projects in park borders;

4.16. for realization by residents of free economic zones of investment projects in borders of free economic zones;

4.17. for construction and servicing of transport and engineering infrastructure in borders of free economic zones;

4.18. by provision of the parcels of land to the investor (the organization realizing the investment project) for the objects provided by investment contracts with the Republic of Belarus during operation of such agreements;

4.19. in other cases determined by the President of the Republic of Belarus.

5. Losses of forestry and landscape production are not compensated in case of withdrawal of lands of forest fund:

5.1. in the cases provided in subitems 4.3-4. 8, 4.10, 4.12, 4.14–4.18 of item 4 of this Decree;

5.2. for the needs connected with farming;

5.3. for expansion on height of wood and shrubby vegetation (plantings) of glades of air-lines of electricity transmission in each party from extreme wires. Lists of the air-lines of electricity transmission falling under expansion of glades affirm the organizations servicing electricity transmission air-lines in coordination with the legal entities conducting forestry;

5.4. in other cases determined by the President of the Republic of Belarus.

6. The parcels of land are provided if other is not provided by this Decree, by results of auctions:

on the right of the conclusion of lease agreements of the parcels of land – in lease to citizens, individual entrepreneurs, legal entities;

selling the parcels of land in private property – in private property of citizens of the Republic of Belarus, non-state legal entities of the Republic of Belarus.

In the settlements located in residential suburbs of Minsk, the regional centers and the cities of regional subordination, local executive committees shall offer for auctions at least 30 percent of the free (unoccupied) parcels of land included in lists which can be provided for construction and servicing of the one-apartment, blocked apartment houses.

In case of sale in the territory of the Republic of Belarus in accordance with the established procedure of real estate (capital structures (buildings, constructions), the incomplete preserved capital structures, the incomplete not preserved capital structures which are in state-owned property), including by holding the auction, sale in private property of the parcel of land necessary for servicing of this property, or sale of right to contract of lease of such parcel of land is at the same time performed if other is not established by the laws or decisions of the President of the Republic of Belarus.

If sale of such property located on the parcel of land which is in permanent or temporary use is performed without holding the auction, the parcel of land is withdrawn and provided to the buyer of this property without holding the auction in private property or in lease if other is not established by the President of the Republic of Belarus.

7. Without holding the auction the parcels of land are provided:

7.1. to state bodies, other state organizations (except for provisions of the parcels of land for construction of gas stations) – for implementation of tasks and functions, stipulated by the legislation;

7.2. to agricultural organizations, including peasant farms, other organizations – for farming, including peasant farm, and also for maintaining subsidiary agricultural industry;

7.3. to the scientific organizations, organizations of education – for the research and (or) educational purposes in area rural or forestry;

7.4. to the public forestry and landscape institutions, the organizations of local executive and administrative organs which competence includes maintaining forest, forest-park economy, – for forest management;

7.5. to the religious organizations – for construction and servicing of places of burial, cult structures, including buildings of diocesan managements, monastic complexes, spiritual educational institutions;

7.6. to legal entities, individual entrepreneurs – for construction and servicing of objects of transport and engineering infrastructure, objects of roadside service, except as specified construction of facilities of roadside service in residential suburbs of Minsk and the regional centers;

7.7. to citizens – for construction and servicing of the one-apartment, blocked apartment houses in settlements, except for the cities of Brest, Vitebsk, Gomel, Grodno, Minsk, Mogilev. Without holding the auction the parcels of land for construction and servicing of the one-apartment, blocked apartment houses are provided in the cities of Brest, Vitebsk, Gomel, Grodno, Mogilev to the citizens staying on the registry of the housing conditions (one of the family members jointly staying on such registry) needing improvement, and in Minsk – to one of the members of large family jointly staying on the registry of the housing conditions needing improvement.

Taking into account interests of the state, local conditions and cost efficiency regional executive committees have the right to determine other settlements in the territory of which the parcels of land for construction and servicing of the one-apartment, blocked apartment houses are provided by results of auctions or without their carrying out only to the citizens needing improvement of housing conditions. To the member of large family staying on the registry of the housing conditions needing improvement and included in lists of the citizens wishing to receive the parcels of land for construction and servicing one-apartment, the blocked apartment houses, the parcel of land is provided out of turn. The right to the parcels of land as staying on the registry of the housing conditions needing improvement can be realized by citizens only once;

7.8. to citizens – for maintaining personal subsidiary farm (one of family members), peasant farm, national art crafts, truck farming, mowing and pasture of farm animals, and also to separate categories of citizens of the Republic of Belarus according to legal acts – for construction (installation) of temporary individual garages;

7.9. to gardening partnerships, citizens – for collective gardening, except for provisions of the parcels of land to citizens in residential suburb of Minsk.

Taking into account interests of the state, local conditions and cost efficiency regional executive committees have the right to determine other territories in which the parcels of land for conducting collective gardening are provided to citizens by results of auctions;

7.10. to citizens, individual entrepreneurs, legal entities – by provision of other parcel of land by it instead of withdrawn (including instead of the parcel of land on which the decision on the forthcoming withdrawal for the state needs and demolition of the real estate units located on it, except as specified, established by legal acts is made);

7.11. to citizens, individual entrepreneurs, legal entities - in case of the request for execution of right certifying documents on the parcels of land on which capital structures are located (buildings constructions), the incomplete preserved capital structures registered by the organization for state registration of real estate, the rights to it and transactions with it (further - the organization for state registration) the apartments in the blocked apartment houses (in case of observance of the conditions established by the legislation) including destroyed from the fire, other natural disasters and as a result of spoil, belonging to them (shares in the right to which belong to them) on the property right or other legal cause (there is agreement, the court decree, other document confirming such right or the basis);

7.12. to legal entities – for production of popular minerals, including the peat, construction of facilities necessary for their conversion and storage, and also for use of geothermal resources of subsoil and drying of lignin, production of strategic minerals, minerals of limited distribution in the presence of the mountain branch, construction of facilities necessary for their conversion and storage, implementation of concession treaties;

7.13. to citizens, individual entrepreneurs, legal entities – in case of execution of right certifying documents on the parcels of land, including the parcels of land acquired in the procedure established by the legislation, ownership of which it is performed for a long time, the parcels of land provided in connection with acceptance concerning unauthorized construction of the decision on continuation of construction (acceptance of unauthorized construction in operation and its state registration in accordance with the established procedure);

7.14. to residents of free economic zones, special tourist and recreational parks – for construction and servicing of real estate units in these zones, parks;

7.15. to legal entities, individual entrepreneurs – for construction and servicing of the real estate units intended for production of goods (performance of works, rendering services), except for construction and servicing of such objects in borders of the cities of Baranovichi, Babruysk, Borisov, Brest, Vitebsk, Gomel, Grodno, Zhlobin, Zhodino, Lida, Minsk, Mogilev, Mazyr, Molodechno, Novopolotsk, Orsha, Pinsk, Polotsk, Recyca, Svetlogorsk, Slutsk, Soligorsk, construction and servicing of gas stations, shopping facilities (except corporate shops which owners are producers of goods). Taking into account interests of the state, local conditions and cost efficiency regional executive committees have the right to determine settlements (part of their territories), other territories within which the parcels of land are provided to legal entities, individual entrepreneurs for the specified purpose only by results of auctions;

7.16. in connection with reconstruction of the existing capital structures (buildings, constructions), the isolated rooms in capital structures (buildings, constructions) if increase in the size of the parcel of land with observance of the sizes of the parcels of land established by the limiting legislation is required;

7.17. in case of acquisition of the incomplete not preserved capital structures (except incomplete apartment houses and premises), the decision about which alienation is made by the President of the Republic of Belarus;

7.18. to legal entities, individual entrepreneurs – for placement of the real estate unit in the territory of the Republic of Belarus if construction of such object (category of objects) and legal entities (their separate categories), individual entrepreneurs are determined by the decision of the President of the Republic of Belarus or the program approved by the President of the Republic of Belarus or Council of Ministers of the Republic of Belarus;

7.19. to owners of property of joint household, the organization of builders, partnership of owners, the organization managing common property of joint household, to the authorized person on management of common property of joint household – for content and servicing of real estate of joint household;

7.20. to the investor (the organization realizing the investment project) – for construction of facilities, provided by investment contracts with the Republic of Belarus, during operation of such agreements. In case of termination of the investment agreement provision of the parcels of land to the investor (the organization realizing the investment project) without holding the auctions for completion of construction of facilities provided by the investment agreement is allowed in the cases established by legal acts in the field of investments;

7.21. to citizens – for construction and servicing of capital structure (the building, construction) in case of receipt of the certificate on the right to inheritance concerning materials and other property from which it is created, or in the presence of the court decree about recognition for the heir of the property right to such property if the right to the parcel of land provided till January 1, 1999, was not drawn up by the testator in accordance with the established procedure;

7.22. to the organizations, the individual entrepreneurs performing collection, sorting (separation by types), preparation for neutralization and (or) use of secondary material resources, – for placement of places of acceptance of secondary raw materials, objects of sorting, neutralization, conversion of utility waste and subjects to burial of solid utility waste;

7.23. to municipal unitary enterprises on capital construction, their affiliated unitary enterprises, other state organizations or the organizations from shares of the state in authorized fund more than 50 percent – when replacing the builder * in case of non-execution (violation) of obligations by it on creation of construction object in the cases and procedure established by Council of Ministers of the Republic of Belarus;

______________________________

* For the purposes of this subitem the builder is understood as the legal entity raising money of shareholders for construction by own forces and (or) with involvement of the third parties of objects of shared-equity construction by the conclusion of agreements of creation of objects of shared-equity construction.

7.24. to the organizations which are part of the Belarusian republican union of consumer societies – for construction and servicing of shopping facilities, objects of public catering;

7.25. to winners of auction with conditions on the right of designing and construction of capital structures (buildings, constructions);

7.26. to legal entities – for construction and servicing of apartment apartment houses (except for apartment houses of the increased comfort), hostels, garages and parkings. In Minsk and the regional centers the parcels of land intended for construction of apartment apartment houses (except for apartment houses of the increased comfort), are provided to municipal unitary enterprises on the capital construction, their affiliated unitary enterprises, the organizations of large-panel housing construction, persons specified in subitems 7. 18, 7.20, 7.23 and 7.25 these Items, and also to legal entities – winners of tender at the choice of the customer (builder) whose procedure for carrying out is established by Council of Ministers of the Republic of Belarus;

7.26-1. to municipal unitary enterprises on capital construction, their affiliated unitary enterprises, and also other state organizations or the organizations from shares of the state in authorized fund more than 50 percent determined by decisions of city (district) executive committees - for construction and servicing of the one-apartment, blocked apartment houses:

with attraction of money of the citizens staying on the registry of the housing conditions needing improvement, according to the procedure, by the established legislation on shared-equity construction;

for their subsequent sale by holding the auction to the citizens who are staying or not consisting on the registry of the housing conditions needing improvement or without holding the auction - to the citizens staying on the registry of the housing conditions needing improvement;

7.27. to agricultural organizations, including peasant farms, the legal entities having branch or other separate division, performing business activity on production of agricultural products at which the proceeds from sales of products constitute at least 50 percent of total amount of revenue of this branch or other separate division, the public forestry and landscape institutions, other state organizations – for construction and servicing of the apartment houses registered by the organization for state registration of apartments in the blocked apartment houses (in case of observance of the conditions established by the legislation) for employees of such organizations, employees of the organizations of the welfare sphere, and also accommodation of agroecotourists;

7.28. according to the decision of the President of the Republic of Belarus in other cases.

8. Without holding the auction the parcels of land for construction and servicing of the one-apartment, blocked apartment houses in the settlements located in residential suburbs of Minsk, the regional centers and the cities of regional subordination are provided:

8.1. to citizens of the Republic of Belarus – the members of large families staying on the registry of the housing conditions needing improvement – in private property without introduction of payment for the parcel of land;

8.2. to the citizens of the Republic of Belarus (except members of large families) who are staying on the registry of the housing conditions needing improvement in this settlement at least 5 years, not having and not having in property of apartments, the one-apartment, blocked apartment houses (including incomplete preserved), the parcels of land for construction and (or) servicing of these real estate units registered after May 8, 2003 or shares in the right to these real estate units, the parcels of land, – in private property with introduction of payment in the amount of 20 percent from the cadastral cost of the parcel of land or in the life inherited tenancy;

8.3. to the citizens of the Republic of Belarus (except members of large families) who are staying on the registry of the housing conditions needing improvement in this settlement at least 5 years, having and (or) having in property of the apartment, the one-apartment, blocked apartment houses (including incomplete preserved), the parcels of land for construction and (or) servicing of these real estate units registered after May 8, 2003 or shares in the right to these real estate units, the parcels of land, – in private property with introduction of payment in the amount of 50 percent from the cadastral cost of the parcel of land or in the life inherited tenancy;

8.4. to the citizens of the Republic of Belarus (except members of large families) who are staying on the registry of the housing conditions needing improvement in this settlement less than 5 years or in other settlement, not having and not having in property of apartments, the one-apartment, blocked apartment houses (including incomplete preserved), the parcels of land for construction and (or) servicing of these real estate units registered after May 8, 2003 or shares in the right to these real estate units, the parcels of land, – in private property with introduction of payment in the amount of 20 percent from the cadastral cost of the parcel of land;

8.5. to the citizens of the Republic of Belarus (except members of large families) who are staying on the registry of the housing conditions needing improvement in this settlement less than 5 years or in other settlement, having and (or) having in property of the apartment, the one-apartment, blocked apartment houses (including incomplete preserved), the parcels of land for construction and (or) servicing of these real estate units registered after May 8, 2003 or shares in the right to these real estate units, the parcels of land, – in private property with introduction of payment in the amount of 50 percent from the cadastral cost of the parcel of land;

8.6. to the citizens of the Republic of Belarus who are not staying on the registry of the housing conditions needing improvement – in private property or in lease;

8.7. to foreign citizens, stateless persons – in lease.

9. Without holding the auction the parcels of land for construction and servicing of the one-apartment, blocked apartment houses are provided:

9.1. in Minsk, the regional centers and the cities of regional subordination to citizens of the Republic of Belarus – the members of large families staying on the registry of the housing conditions needing improvement – in private property without introduction of payment for the parcel of land;

9.2. in the regional centers and the cities of regional subordination to the citizens of the Republic of Belarus staying on the registry of the housing conditions needing improvement – in private property or in the life inherited tenancy, and to foreign citizens, stateless persons – in lease.

10. Without holding the auction the parcels of land for construction and servicing of the one-apartment, blocked apartment houses in the settlements (except Minsk, the regional centers and the cities of regional subordination) located outside residential suburbs of Minsk, the regional centers and the cities of regional subordination are provided:

10.1. to citizens of the Republic of Belarus – the members of large families staying on the registry of the housing conditions needing improvement – in private property without introduction of payment for the parcel of land;

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