RESOLUTION OF THE STATE COMMITTEE ON PROPERTY OF THE REPUBLIC OF BELARUS

of August 6, 2008 No. 64

About approval of the Instruction about procedure for state registration of origin, transition, termination of restrictions (encumbrances) of the rights to the parcels of land in connection with registration of education, change and abolition of the territories of the special mode of use

Based on article 41-1 of the Law of the Republic of Belarus of July 22, 2002 "About state registration of real estate, the rights to it and transactions with it", the Regulations on the State committee on property of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 958 "Questions of the State committee on property of the Republic of Belarus" the State committee on property of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for state registration of origin, transition, termination of restrictions (encumbrances) of the rights to the parcels of land in connection with registration of education, change and abolition of the territories of the special mode of use.

2. This resolution becomes effective in six months after its official publication.

Approved by the Resolution of the State committee on property of the Republic of Belarus of August 6, 2008 No. 64

The instruction about procedure for state registration of origin, transition, termination of restrictions (encumbrances) of the rights to the parcels of land

in connection with registration of education, change and abolition of the territories of the special mode of use

1. The instruction about procedure for state registration of origin, transition, termination of restrictions (encumbrances) of the rights to the parcels of land in connection with registration of education, change and abolition of the territories of the special mode of use (further the Instruction) is developed according to the Code of the Republic of Belarus about the earth, the Law of the Republic of Belarus of July 22, 2002 "About state registration of real estate, the rights to it and transactions with it" (The national register of legal acts of the Republic of Belarus, 2002, No. 87, 2/882) and determines procedure for state registration of origin, transition, termination of restrictions (encumbrances) of the rights to the parcels of land in connection with registration of education, change and abolition of the territories of the special mode of use in the unified register of administrative-territorial and territorial units (further - the register).

2. State registration of origin, transition, the termination of restrictions (encumbrances) of the rights to the parcels of land in connection with registration of the territories of the special mode of use is performed in cases:

registration in the register of education, change, abolition of the territories of the special mode of use including registered in the single state register of real estate, the rights to it and transactions with it (further - the register of the real estate) the parcels of land;

state registration of creation of the parcels of land in the territory of the special mode of use if data on such restrictions (encumbrances) did not contain in the documents which are the bases for state registration;

availability of the parcels of land in the territory of the special mode of use, this Instruction registered in the register before entry into force concerning which the corresponding restrictions (encumbrances) of the rights are not registered.

3. State registration of origin, transition, the termination of restrictions (encumbrances) of the rights to the parcels of land in case of registration of education, change, abolition of the territories of the special mode of use on which the corresponding parcels of land registered in the register of the real estate are located is performed in the automated mode in the following procedure:

upon registration of the next territory of the special mode of use based on data of the register and Central Bank of data of the register of the real estate in the automatic mode general part of the electronic document which is the basis of state registration of origin, transition, termination of restrictions (encumbrances) of the rights to the parcels of land in connection with registration of the territories of the special mode of use is created;

integrity of general part of the electronic document upon its forming is checked by the administrator of the register (selective control of topological vkhodimost of the parcels of land in zone of specific mode of use according to the survey cadastral map and others);

in case of positive result of control of integrity the electronic document by putting down of the digital signature of the administrator of the register under general part of the electronic document is created (further - the electronic document). This document is specifying about state registration of origin, transition, the termination of restrictions (encumbrances) of the rights to the parcels of land in connection with registration of the territories of the special mode of use;

under control of the administrator of the register the electronic document no later than 3 working days from the moment of implementation of registration of education, change, abolition of the territories of the special mode of use goes to all territorial organizations for state registration of real estate, the rights to it and transactions with it, their isolated structural divisions (the daleeterritorialny organization for state registration), for the location of the corresponding parcels of land with use of corporate network of the organizations for state registration;

authorized registrars of the relevant territorial organizations for state registration receive electronic documents;

under control of authorized registrars in the location of the parcels of land in the automatic mode in the terms established by the legislation state registration of origin, transition, the termination of restrictions (encumbrances) of the rights to the parcels of land based on the electronic document is performed;

by results of state registration in the automatic mode in paper form notices on the made state registration for owners of the corresponding parcels of land are created and if the parcels of land are in state-owned property - for owners of right of lifetime inheritable possession, permanent use, temporary use, lease (further - owners);

authorized registrars of the territorial organizations for state registration append signs and seals on notices on the made registration actions. Notices are sent to owners of the corresponding parcels of land by the registered mail to the addresses specified in the registration book as their residential addresses or their location;

according to Central Bank of the register of the real estate automatically for the fourteenth day from the date of sending the electronic document the facts of carrying out state registration of origin, transition, termination of restrictions (encumbrances) of the rights to the parcels of land in amounts set by electronic documents are checked and in digital form the protocol of checks of execution is created;

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