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

of August 8, 2013 No. 38

About approval of the Instruction about procedure for the certificate the registrar of the documents which are the basis for state registration of real estate transaction

(The last edition from 30-04-2019)

Based on Items 9 and 10 of article 68 of the 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", subitem 5.1 of Item 5 of 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, the State committee on property of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for the certificate by registrar of the documents which are the basis for state registration of real estate transaction it (is applied).

2. Recognize invalid:

the resolution of Committee on land resources, geodesy and cartography under Council of Ministers of the Republic of Belarus of November 17, 2004 No. 48 "About approval of the Instruction about the certificate the registrar of the documents which are the basis for state registration of real estate transaction" (The national register of legal acts of the Republic of Belarus, 2005, No. 22, 8/12075);

Item 3 of the resolution of the State committee on property of the Republic of Belarus of December 9, 2008 No. 85 "About modification and amendments in some resolutions of Committee on land resources, geodesy and cartography under Council of Ministers of the Republic of Belarus and State committee on property of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 304, 8/20061).

3. This resolution becomes effective after its official publication.

Chairman

G. I. Kuznetsov

 

Approved by the Resolution of the State committee on property of the Republic of Belarus of August 8, 2013 No. 38

The instruction about procedure for the certificate the registrar of the documents which are the basis for state registration of real estate transaction

1. This Instruction determines procedure for the certificate of the documents which are the basis for state registration of real estate transaction (further if other is not provided by this Instruction, - the documents which are the basis for registration of the transaction), according to Item 22.18 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, approved by the Presidential decree of the Republic of Belarus of April 26, 2010 No. 200 and Item 17.76 of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, the Council of Ministers of the Republic of Belarus approved by the resolution of February 17, 2012 No. 156.

2. The documents which are the basis for registration of the transaction from which declaration of will of the citizen appears if the transaction according to legal acts is not subject to the obligatory notarial certificate or such form is not provided by the agreement of the parties, make sure registrars of the relevant organizations for state registration of real estate, the rights to it and transactions with it (further if this Instruction does not provide other, - the organizations for state registration).

The documents which are the basis for registration of the transaction from which declaration of will of the individual entrepreneur appears can be certified by the registrar of the organization for state registration.

3. The certificate of the documents which are the basis for registration of the transaction is made in the organization for state registration if other is not provided by legal acts, resolutions of Council of Ministers of the Republic of Belarus and this Instruction.

The certificate of the documents which are the basis for registration of the transaction is made by any of registrars of the organization for state registration, except for those which according to Item 2 of article 17 of the 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" has no right to make registration actions concerning such transaction.

4. The certificate of the documents which are the basis for registration of the transaction can be made by the registrar out of premises of the organization for state registration (at the place of residence or in other location of the citizen) if the citizen (including the individual entrepreneur, the head or other authorized person of the legal entity) owing to disease or disability cannot be in the organization for state registration.

5. In case of the certificate of the document which is the basis for registration of the transaction, the registrar:

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