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THE CODE OF THE REPUBLIC OF BELARUS ABOUT THE EARTH

of July 23, 2008 No. 425-Z

(as amended on 18-07-2022)

It is accepted by the House of Representatives on June 17, 2008

Approved by Council of the Republic on June 28, 2008

This Code governs land relations and is directed to effective use and protection of lands, protection of the rights of land users.

Chapter 1. General provisions

Article 1. The main terms used in this Code and their determinations

1. For the purposes of of this Code the following main terms and their determinations are used:

1.1. auction - sale method from the public biddings of the parcel of land in private property of citizens of the Republic of Belarus, non-state legal entities of the Republic of Belarus or the right of lease of the parcel of land, including with the real estate located on it;

1.2. type of lands - the lands allocated on natural and historical signs, condition and nature of use;

1.3. height of wood and shrubby vegetation (plantings) - the average height of the forest breed prevailing on inventories which is in the upper tier increased by 10 percent taking into account its perspective growth within 25 years;

1.4. the geoportal of land information system of the Republic of Belarus (further - the geoportal) - the geographic information system providing by means of channels of information exchange access to databases of land information system of the Republic of Belarus and management with them;

1.5. the state needs - the requirements connected with ensuring national security, environmental protection and historical and cultural heritage, placement and servicing of objects of social, production, transport, engineering and defense infrastructure, development of mineral deposits, implementation of international treaties of the Republic of Belarus, the investment contracts between investors and the Republic of Belarus registered in the State register of investment contracts with the Republic of Belarus, concession treaties, agreements on public-private partnership, the state scheme of the complex territorial organization of the Republic of Belarus, schemes of the complex territorial organization of areas and other administrative-territorial and territorial units, master plans of the cities and other settlements, town-planning projects of detailed planning, schemes of land management of areas approved according to the legislation, and also with placement of real estate units which construction is provided by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus or programs approved by the President of the Republic of Belarus or Council of Ministers of the Republic of Belarus;

1.6. the state land cadastre - set of the systematized data and documents on legal regime, condition, quality, distribution, economic and other use of lands, parcels of land;

1.7. the state control of use and protection of lands - the activities of state bodies directed to prevention, identification and elimination of violations of the law about protection and use of lands, performed according to the legislation on control (supervising) activities;

1.8. border of the parcel of land - the conditional line on the Earth's surface and the conditional vertical plane passing across this line, separating the parcel of land other lands, the parcels of land;

1.9. degradation of lands - process of decline in quality of lands as a result of harmful anthropogenous and (or) natural effects;

1.10. the degraded lands - the lands which lost the initial useful properties to the condition excluding possibility of their effective use on purpose;

1.11. the additional parcel of land - the adjacent parcel of land or its part which are asked in addition to the used parcel of land on the same type of the right and cannot taking into account town-planning regulations, nature protection and sanitary and epidemiologic requirements to be used as the independent parcel of land for construction and servicing of capital structure (the building, construction);

1.12. the single builder - the builder performing full range of works on construction of facilities of real estate, necessary engineering, transport and social infrastructure in areas of the farmstead housing estate for the purpose of origin and assignment of rights of property on the specified objects to different owners;

1.13. apartment houses of the increased comfort - the apartment houses answering to the criteria determined by the legislation in the field of architectural, town-planning and construction activities, placed in the first economical and planning zone and (or) which are under construction using individual architectural, planning and constructive concepts (height at least of one residential floor exceeds 3 meters, coefficient of the relation of total area (project) to living space at least of one apartment, except one-room, constitutes 2 and more, total area (project) at least of one apartment constitutes more than 140 square meters). At the same time total area (project) of the apartment is determined according to technical regulatory legal acts concerning architectural, town-planning and construction activities;

1.14. occupation of the parcel of land - asset construction of real estate (implementation of installation and construction works according to the approved project documentation, including concerning non-residential constructions in the house adjoining territory on the provided parcel of land) if the parcel of land is provided for the purposes connected with construction of capital structures (buildings, constructions) and also other development of the parcel of land (implementation of complex of works according to purpose and conditions of provision of the parcel of land) if the parcel of land is provided for the purposes which are not connected with construction of capital structures (buildings, constructions);

1.15. the builder - 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 and also the legal entity who is the issuer of housing bonds, signing with physical persons agreements (agreements) providing obligations of the issuer on construction of premises to owners of housing bonds in the procedure established by the legislation;

1.16. land relations - the relations connected with creation, change, the termination of existence of the parcels of land, origin, transition, the termination of the rights, restrictions (encumbrances) of the rights to the parcels of land and also with use and protection of lands, the parcels of land;

1.17. land resources - lands, the parcels of land which are used or can be used in economic or other activity;

1.18. land contour - the part of the land surface allocated on natural and historical signs, condition and nature of use of lands, having the closed border outside which quality characteristics of lands have other values reflected in the state land cadastre;

1.19. land easement - the right of limited use of others parcel of land established for ensuring pass, journey, laying and operation of gas pipelines, oil pipelines, air and cable power lines, lines of telecommunication and other similar constructions (further - linear constructions), ensuring water supply and melioration, placement of geodetic Items, and also for other purposes which cannot be provided without provision of such right;

1.20. land dispute - not resolved conflict between subjects of land relations;

1.21. the parcel of land - the part of the land surface having border and purpose and considered in continuous communication with the capital structures (buildings, constructions) located on it;

1.22. land use (use of the parcels of land) - economic and other activity in the course of which useful properties of lands are used of the parcels of land and (or) impact on the earth is made;

1.23. land users - persons performing economic and other activity on the parcels of land which are in private property of citizens, non-state legal entities of the Republic of Belarus or in property of foreign states, the international organizations (owners), the life inherited tenancy (owners), permanent or temporary use (users), lease (lessees), the sublease (subtenants);

1.24. land management documentation - the documents constituted as a result of carrying out land management;

1.25. land management case - the systematized set of land management documentation on object of land management and other documents concerning such object;

1.26. land management - complex of actions for inventory count of lands, to land use planning, establishment (recovery) of borders of objects of land management, holding other land management actions directed to increase in efficiency of use and protection of lands;

1.27. the earth (lands) - the land surface, including soils, considered as environment component, means of production in rural and forestry, space material basis of economic and other activity;

1.28. withdrawal of the parcel of land - the legal acts established by the legislation on protection and use of lands and technical procedure of the termination of the rights to the parcel of land for the bases determined by this Code, other laws and acts of the President of the Republic of Belarus;

1.29. prospecting works - the works which are carried out on the area for the purpose of information collection about the Earth's surface and (or) subsoil for designing of objects, development of mineral deposits and in other purposes;

1.30. resulting technical documents - technical data sheet, the sheet of technical characteristics on capital structure (the building, construction), and in case of their lack and impossibility of production - other documents containing space-planning characteristics of capital structure (the building, construction);

1.31. cadastral assessment of lands, the parcels of land - determination of cadastral cost of lands, the parcels of land for certain date for the purposes, stipulated by the legislation;

1.32. the cadastral cost of lands - settlement cost index of the unit area of lands in the estimative zone allocated on lands, equivalent at cost;

1.33. the cadastral cost of the parcel of land - settlement sum of money, the reflecting value (usefulness) of the parcel of land in case of its use on the existing purpose and included in the register of cost of lands, the parcels of land of the state land cadastre;

1.34. category of lands - the lands allocated on the main purpose and having the legal regime of use and protection determined by the legislation;

1.35. large family - the 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 (further if other is not provided by this Code, - apartment houses) which has three and more children aged up to 23 years which did not marry and registered together with parents (adoptive parents, adopters) including receiving professional, secondary vocational, the higher, the scientific oriented education in day form of education or mastering contents of the educational program of training of persons to receipt in organizations of formation of the Republic of Belarus in day form of education in other settlements or undergoing compulsory military service at the call of passing alternative service behind which according to the legislation the right of possession and uses of the premises occupied by parents (adoptive parents, adopters) remains. The spouse (spouse) and their children (the family adopted, adopted) treat members of large family;

1.36. monitoring of lands - system of observations of condition of lands, assessment and the forecast of changes of condition of lands under the influence of anthropogenous and (or) natural factors;

1.37. non-stationary objects - any objects which are not capital regardless of accession or their non-alignment to engineering communications, including portable shopping facilities and portable objects of public catering;

1.38. objects of transport and engineering infrastructure - constructions and engineering networks electro-, warm, gazo-and water supply, the sewerage, telecommunication, TV and radiofications, oil pipelines, and also highways, streets, routes of public transport and other communications;

1.39. restriction (encumbrance) of the rights to the parcel of land - the established decision of the state body exercising state regulation and control in the field of use and protection of lands, accepted according to the legal act, the agreement or the court decree condition or restriction or prohibition concerning implementation of separate types of economic or other activity, other rights to the parcel of land, including land easement, for the purpose of public advantage and safety, environmental protection and historical and cultural values, protection of the rights and protected by the law of interests of citizens, individual entrepreneurs and legal entities;

1.40. the organizations of large-panel housing construction - the organizations performing production of large-size combined concrete goods and construction of apartment houses by method of step-by-step installation of such products;

1.41. the organizations for land management - the organizations which are a part of the system of the State committee on property, design and survey municipal unitary enterprise "Zemproyekt" (in case of the choice of the parcel of land in borders of Minsk), the utility land unitary enterprise "Gomelgeodeztsentr" (in case of the choice of the parcel of land in borders of Gomel);

1.42. the main purpose of lands, the parcel of land - the procedures established by the legislation on protection and use of lands, conditions and restrictions of use of lands, the parcel of land for specific purposes;

1.43. withdrawal of the parcel of land - the land management actions, stipulated by the legislation about protection and use of lands, including procedures of forming, withdrawal and (or) provision of the parcel of land, establishment of its border, state registration of creation of the parcel of land and emergence of the rights, restrictions (encumbrances) of the rights to the parcel of land;

1.44. protection of lands - system of the actions directed to prevention of degradation of lands, recovery of the degraded lands;

1.45. error of technical nature - mistake in determination of location of points of turn of border of the parcel of land and (or) in calculation of coordinates of points of turn of border of the parcel of land, allowed in case of project development of withdrawal of the parcel of land and (or) performance of works on establishment of border of the parcel of land which elimination can entail origin, transition or the termination of the rights, restrictions (encumbrances) of the rights to the parcel of land;

1.46. the equivalent parcel of land - the parcel of land provided to the land user instead of the withdrawn parcel of land which cadastral cost is equal to the cadastral cost of the withdrawn parcel of land;

1.47. the decision on withdrawal and provision of the parcel of land - the decision of the state body exercising state regulation and control in the field of use and protection of lands according to its competence on withdrawal of the parcel of land, about withdrawal and provision of the parcel of land, about provision of the parcel of land if other is not provided by this Code;

1.48. the decision on the forthcoming withdrawal of the parcel of land for the state needs and demolition of the real estate units located on it (further - the decision on the forthcoming withdrawal of the parcel of land) - the decision of the state body exercising the state regulation and control in the field of use and protection of lands, on the forthcoming withdrawal of the parcel of land for the state needs and demolition of the real estate units located on it accepted according to the procedure determined by this Code, other laws and acts of the President of the Republic of Belarus;

1.49. farmlands - the lands which are systematically used for receipt of agricultural products and including arable lands, laylands, lands under permanent cultures and meadow lands;

1.50. the scheme of land management - the planning document of land use determining perspectives of distribution, use and protection of lands of administrative-territorial or territorial unit;

1.51. conditions of withdrawal of the parcel of land - determined according to the legislation on protection and use of lands and containing in the solution on withdrawal and provision of the parcel of land of the requirement without which accomplishment it is impossible to begin occupation of the parcel of land, implementation of other rights to this parcel of land or the termination of these rights;

1.52. forming of the parcel of land - the legal acts established by the legislation on protection and use of lands and technical procedure of creation of the parcel of land for the bases and according to the procedure, the determined this Code and other legal acts;

1.53. purpose of the parcel of land - the procedures established by the decision on withdrawal and provision of the parcel of land, conditions and restrictions of use of the parcel of land for specific purposes;

1.54. effective use of lands - use of lands according to their appointment bringing economic, social, ecological or other useful result.

2. For the purposes of of this Code the terms "geographical information system", "geographical information resource of data of remote sensing of Earth", "remote sensing of Earth" and "land information system of the Republic of Belarus" are used in the values determined by article 1 of the Law of the Republic of Belarus of July 14, 2008 No. 396-Z "About geodetic and cartographic activities".

Article 2. Legal regulation of land relations

1. Land relations are governed by the Constitution of the Republic of Belarus, this Code, other laws, acts of the President of the Republic of Belarus, and also other acts of the legislation adopted according to them.

2. The regulations of civil and other legislation governing land relations are applied to these relations if other is not stipulated by the legislation about protection and use of lands.

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

Article 3. Objects of land relations

Objects of land relations are:

earth (lands);

parcels of land;

rights to the parcels of land (share in the right to them);

restrictions (encumbrance) of the rights to the parcels of land, including land easements.

Article 4. Subjects of land relations

Subjects of land relations are the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, state bodies and the organizations exercising state regulation and control in the field of use and protection of lands, citizens of the Republic of Belarus, foreign citizens and stateless persons (further if other is not provided by this Code, - citizens), individual entrepreneurs, legal entities of the Republic of Belarus, foreign legal entities and their representations, foreign states, diplomatic representations and consular establishments of foreign states, the international organizations and their representations.

Article 5. Basic principles of land relations

Land relations are performed on the basis of the principles:

state regulation and management in the field of use and protection of lands, including establishment of single procedure for withdrawal and provision of the parcels of land, transfer of lands from one categories and types in others;

obligatory state registration of the parcels of land, rights to them and transactions with them;

unity of destiny of the parcel of land and capital structures (buildings, constructions) located on it if other is not provided by this Code and other legal acts;

uses of the parcels of land on purpose;

priority of use of farmlands of agricultural purpose, lands of nature protection, improving, recreational, historical and cultural appointment, forest lands of forest fund for the purposes connected with purpose of these lands;

effective use of lands;

protection of lands and improvement of their useful properties;

land use paid nature;

establishments of restrictions (encumbrances) of the rights to the parcels of land, including land easements;

publicity and accounting of public opinion in case of decision making about withdrawal and provision of the parcels of land, change of their purpose, establishment of restrictions (encumbrances) of the rights to the parcels of land, including the land easements affecting the rights and interests of citizens protected by the law;

protection of the rights of land users.

Article 6. Categories of lands

1. The earth of the Republic of Belarus are divided into the following categories:

1.1. earth of agricultural purpose;

1.2. earth of settlements, gardening partnerships, country cooperatives;

1.3. earth of the industry, transport, communication, power, defense and other appointment;

1.4. earth of nature protection, improving, recreational, historical and cultural appointment;

1.5. earth of forest fund;

1.6. earth of water fund;

1.7. earth of inventory.

2. The parcel of land (its part) belongs to one category of lands.

3. The parcels of land including the agricultural and other lands provided for farming, except for the lands occupied with superficial water objects belong to lands of agricultural purpose.

4. To lands of settlements, gardening partnerships, country cooperatives the lands, the parcels of land located in borders of the cities, settlements of city type, rural settlements, gardening partnerships, country cooperatives, except for the lands referred to other categories in these borders belong.

5. To lands of the industry, transport, bonds, power, defense and other appointment belong the parcels of land provided for placement of objects of the industry, transport, communication, power, placement and permanent dislocation of customs authorities, military units, military educational institutions and the organizations of Armed Forces of the Republic of Belarus, other troops and military forming, other objects, except for the lands occupied with superficial water objects.

6. The parcels of land provided for placement of reserves and national parks, except for the lands referred to other categories belong to lands of nature protection appointment. The provided parcels of land for placement of objects of sanatorium treatment and improvement and other parcels of land having natural medical factors belong to lands of improving appointment. The parcels of land for placement of the objects intended for organized mass rest of the population and tourism belong to lands of recreational appointment. The parcels of land provided for placement of immovable material historical and cultural values and archaeological objects belong to lands of historical and cultural appointment. At the same time the lands occupied with superficial water objects do not belong to category of lands of nature protection, improving, recreational, historical and cultural appointment.

7. The forest lands, and also not forest lands located in borders of forest fund, provided for forest management, except for the lands occupied with superficial water objects belong to lands of forest fund.

8. The lands occupied with superficial water objects and also the parcels of land provided for maintaining water economy, including for placement of water management constructions and devices belong to lands of water fund.

9. The lands, the parcels of land which are not referred to other categories and not provided to land users, except for the lands occupied with superficial water objects belong to lands of inventory. The earth of inventory are under authority of the relevant executive committees, are considered as reserve and can be used after their transfer in other categories of lands according to the plans for use of lands of inventory approved by these executive committees containing terms and the expected purposes of use of lands of inventory.

Article 7. Types of lands

Irrespective of division into categories of lands the earth of the Republic of Belarus are subdivided into the following types:

arable lands - the farmlands which are systematically processed (plowed up) and used under sowings of agricultural crops including crops of long-term herbs with the use term provided by the scheme of crop rotation, and also output fields, sites of the closed soil (hotbeds, greenhouses and greenhouses) and net vapors;

laylands - farmlands which were used earlier as after harvesting are not used arable and more than 1 years for sowing of agricultural crops and are not prepared under vapor;

lands under permanent cultures - the farmlands occupied with artificially created wood and shrubby vegetation (plantings) or plantings of grassy perennial plants intended for receipt of harvest of fruits, food, technical and medicinal vegetable staples;

meadow lands - the farmlands used mainly for cultivation of meadow long-term herbs, the earth on which artificial herbage is created or events for improvement of natural herbage (the improved meadow lands), and also the lands covered with natural meadow herbages (natural meadow lands) are held;

forest lands - the lands covered with the wood, and also not covered with the wood, but intended for its recovery (cutting down, ashes, retinas, waste grounds, glades, the died forest stands, the areas occupied with nurseries, plantations and not closed forest cultures, etc.);

lands under wood and shrubby vegetation (plantings) - the lands covered with the wood and shrubby vegetation (plantings) which is not entering into forest fund;

lands under swamps - it is excessive the humidified lands covered with peat layer;

lands under superficial water objects - the lands occupied with concentration of natural waters on land surface (the rivers, streams, springs, lakes, water storage basins, ponds, ponds-kopanyami, channels and other superficial water objects);

lands under roads and other transport communications - the lands occupied with roads, glades, runs, linear constructions;

the earth of general use - the lands occupied with streets, avenues, squares, drives, embankments, boulevards, squares, parks and other public places;

lands under building - the lands occupied with capital structures (buildings, constructions), and also the lands adjacent to these objects and used for their servicing;

the broken lands - the lands which lost the natural and historical signs, condition and nature of use as a result of harmful anthropogenous effects and being in the condition excluding their effective use on initial purpose;

not used lands - the lands which are not used in economic and other activity;

other lands - the lands which are not carried to the types of lands specified in paragraphs the second or fourteenth this Article.

Article 8. Distribution of lands, the parcels of land on categories, reference of lands to types, their transfer from one categories and types in others

1. Lands, the parcels of land are categorized lands, specified in article 6 of this Code, depending on their main purpose and the legal regime of their use and protection determined according to the legislation.

2. Transfer of lands, the parcels of land from one category in another is made in cases of change of the main purpose of these lands, the parcels of land in case of withdrawal and provision of the parcels of land, the termination of the right of permanent or temporary use, the life inherited tenancy, private property and lease on the parcels of land, submission by land users of statements for transfer of lands, the parcels of land from one category in another.

3. Reference of lands to the types specified in article 7 of this Code is performed according to their natural and historical signs, condition and nature of use.

4. Transfer of lands from one type in another is made in case of:

4.1. withdrawal and provision of the parcels of land, intraeconomic construction or change of their purpose;

4.2. holding actions for development of new lands, to improvement or other change of their condition and the nature of use requiring material and cash costs;

4.3. transfer of farmlands to nonagricultural or less productive farmlands;

4.4. change of condition of lands as a result of impact of harmful anthropogenous and (or) natural factors.

5. The procedure for transfer of lands from one categories and types in others and reference of lands to certain types is established by Council of Ministers of the Republic of Belarus.

Article 9. Fund of redistribution of lands

1. The fund of redistribution of lands is created according to the procedure of land management in each area by district executive committees for the purpose of land use planning mainly of farmlands which in case of change of their purpose, nature of use or other change can be used more effectively.

2. Proceeding from local conditions the fund of redistribution of lands is created mainly for the purposes:

2.1. creations and developments of agricultural organizations, including peasant farms;

2.2. developments of settlements;

2.3. creations and developments of personal subsidiary farms of citizens, constructions and (or) servicing of apartment houses, collective gardening, country construction;

2.4. provisions to the legal entities conducting forestry, low-productive farmlands for afforestation;

2.5. placements of objects of the industry, transport, telecommunication, power, defense and other appointment.

3. The fund of redistribution of lands joins also free (unoccupied) parcels of land, including additional which are included in the lists specified in Article 44 of this Code.

4. The lands, the parcels of land included in fund of redistribution of lands are used by land users before their withdrawal and provision to new land users according to the legislation on protection and use of lands.

5. Lands, the parcels of land are expelled from fund of redistribution of lands by district executive committees in case of the change of their purpose, nature of use or other change allowing to use lands, the parcels of land more effectively.

6. The lands unsuitable for proper use as lands of agricultural purpose, lands of forest fund and lands of the industry, transport, communication, power, defense and other appointment, can join in borders of settlements, or on them new rural settlements, including the farm are formed.

Article 10. Division and merge of the parcels of land

1. The parcels of land can be divisible and indivisible. Dividend is the parcel of land which can be divided into parts, each of which after the Section forms the new parcel of land, and it will not lead to violation of town-planning regulations, nature protection, sanitary and epidemiologic requirements, fire protection, construction and other regulations and rules. The parcel of land is recognized indivisible other cases.

2. The Section of the parcels of land provided for construction and (or) servicing of the one-apartment, blocked apartment houses, except as specified, connected with the Section of these houses, and also the Section of the parcels of land provided for construction (construction and servicing) of other capital structures (buildings, constructions) before completion of their construction are allowed based on the decision on permission of the Section of the parcel of land in case of observance of the following conditions:

2.1. change of type of the right to the existing parcel of land on the right of private property (if it belongs to the applicant on other type of the right) or to the lease right (if he according to the legislation cannot be presented in private property);

2.2. introduction of payment for the parcel of land or payment for the right of lease of the parcel of land according to Articles 36 and 37 of this Code;

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