PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of August 4, 2006 No. 497

About some questions of lease (sublease), hiring of residential and non-residential premises, parking places

1. Determine that:

1.1.   No. 312 is excluded according to the Presidential decree of the Republic of Belarus of 11.07.2012

1.2. it is excluded

1.3.   No. 312 is excluded according to the Presidential decree of the Republic of Belarus of 11.07.2012

1.4. it is excluded

1.5. it is excluded

1.6. physical persons for which the activities for leasing performed according to the legislation (the sublease, hiring) residential and (or) non-residential premises, the parking places which are in the territory of the Republic of Belarus are not entrepreneurial shall established in the lease agreement (subleases, hiring) the residential and (or) non-residential premise, the parking place of term of the actual provision of such rooms, parking places in lease (the sublease, hiring) to register such agreement in local executive and administrative organ.

Provisions of part one of this subitem do not extend to the contracts signed by the specified physical persons which subject is provision of the premises belonging to them on the property right to other physical persons, garden lodges, dachas for short-term accommodation. Such contracts can be signed in oral or written form according to the requirements established by Articles 159-162 of the Civil code of the Republic of Belarus.

The form of the lease agreement (sublease) of the residential and (or) non-residential premise, machine place, being in the territory of the Republic of Belarus, is established by Council of Ministers of the Republic of Belarus.

Local executive and administrative organs shall register the lease agreement (subleases) of the residential and (or) non-residential premise, parking place in two-day time, and in case of request of documents and (or) data from other state bodies, other organizations - in ten-day time from the date of its representation by physical person in the established form;

1.6-1. the employment contract of premises of private housing stock, the lease of premises constructed (reconstructed) or acquired with attraction of the soft credit granted according to the legislation open joint stock company "Belarusbank savings bank, or constructed (reconstructed) with use of subsidy for payment of part of interests on credit (subsidy for payment of part of interests on credit and subsidy for repayment of principal debt on the credit) issued by banks on construction (reconstruction) of premises in accordance with the established procedure before complete repayment of this credit is subject to registration in the presence of permission of the relevant district, city executive and administrative organ, local administration to provision of such premises (its parts) according to the employment contract, leases.

The bodies and the organizations performing registration of employment contracts, lease (sublease) of residential and (or) non-residential premises, parking places according to this Decree and other legal acts shall within five days from registration date send the copy of such agreements to tax authority at the place of residence of physical person for which the activities for letting performed according to the legislation, lease (sublease) of residential and (or) non-residential premises, the parking places which are in the territory of the Republic of Belarus are not entrepreneurial;

1.7. non-compliance with the form of employment contracts (subhiring), lease (sublease) of residential and (or) non-residential premises established by the legislation, parking places or the registration requirement of such agreements does not exempt physical person from tax payment obligation according to the legislation;

1-1.   No. 312 is excluded according to the Presidential decree of the Republic of Belarus of 11.07.2012

2. To Council of Ministers of the Republic of Belarus in two-month time to take measures for implementation of this Decree.

3. Regional and Minsk city to Councils of deputies, regional executive committees and the Minsk Gorispolkom in two-month time to bring the regulatory legal acts into accord with this Decree.

4. This Decree becomes effective in two months after its official publication, except for Items 2, 3 and this Item, becoming effective from the date of official publication of this Decree.

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