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

of September 30, 2016 No. 18

About approval of the Instruction about procedure for division, merge of the parcels of land and work on establishment (recovery) and fixing of border of the parcel of land, and also on change of borders of the parcels of land

Based on paragraphs of the third and thirteenth of part one of article 26 of the Code of the Republic of Belarus about the earth, 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 division, merge of the parcels of land and work on establishment (recovery) and fixing of border of the parcel of land, and also on change of borders of the parcels of land it (is applied).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the State committee on property of the Republic of Belarus of September 30, 2016 No. 18

The instruction about procedure for division, merge of the parcels of land and work on establishment (recovery) and fixing of border of the parcel of land, and also on change of borders of the parcels of land

Chapter 1. General provisions

1. This Instruction establishes procedure for division, merge of the parcels of land and work on establishment (recovery) and fixing of border of the parcel of land, and also on change of borders of the parcels of land.

2. For the purposes of this Instruction terms in the values determined in the Code of the Republic of Belarus about the earth (further – the Code about the earth), 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" and the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667 "About withdrawal and provision of the parcels of land", and also the following terms and their determinations are used:

contractors – the organizations for land management subordinated to the State committee on property (further – the State Property Committee), their affiliated unitary enterprises, design and survey municipal unitary enterprise "Zemproyekt" – in case of performance of works in borders of Minsk, the utility land unitary enterprise "Gomelgeodeztsentr" – in case of performance of works in borders of Gomel, other legal entities and individual entrepreneurs performing works on division, merge of the parcels of land, on establishment (recovery) or change of borders of the parcels of land, structural divisions of land management of district executive committees – in case of performance of works on establishment of unstable borders of the parcels of land in the cases established by the President of the Republic of Belarus;

the interested person – person on whom the local executive committee makes the decision on withdrawal and provision of the parcel of land or concerning which the procedure of withdrawal and provision of the parcel of land, the other persons interested in performance of works on division, merge of the parcels of land, establishment (recovery) or change of borders of the parcels of land, error correction of technical nature, elimination of other reasons of not data, imposing of borders of the parcels of land is begun;

error of technical nature – the mistake made by the contractor 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 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.

3. Works on division, merge of the parcels of land, establishment (recovery) and fixing of border of the parcel of land, and also on change of borders of the parcels of land, except as specified, provided by part two of this Item are carried out based on the works agreements signed according to the legislation.

Works on establishment of land management of district executive committees of unstable borders of the parcels of land by structural divisions are performed based on orders of these executive committees.

In case of performance of works on division, merge of the parcels of land, establishment (recovery) and fixing of border of the parcel of land, and also on change of borders of the parcels of land provided or asked for construction and servicing of objects of engineering and transport infrastructure, including their components and accessories or other objects at the request of the interested person additional requirements taking into account features of the specified objects regarding field inspection, designation on the area of border of the parcel of land or location of elements of construction and display on graphical materials of elements of situation and infrastructure of such objects can be established. Such additional requirements and conditions are drawn up by the specification to the works agreement.

4. The draft agreement of the contract is constituted by the contractor within 3 working days from the date of receipt of the document which is the basis for their accomplishment.

Chapter 2. Division, merge of the parcels of land

5. Division, merge are performed taking into account requirements of the legislation and it is possible concerning the parcels of land with the fixed borders, and also the parcels of land concerning which this Instruction allows establishment of the unstable borders registered in the single state register of real estate, the rights to it and transactions with it (further - the register of the real estate) for which land users acquire the documents certifying the rights to them.

6. Division, merge of the parcels of land provides:

project development of division, merge of the parcels of land, except as specified divisions, merges of the parcels of land located in borders of gardening partnerships, country cooperatives;

introduction in accordance with the established procedure changes in the project of the organization and building of the territory of gardening partnership, country cooperative in case of division, merge of the parcels of land located in borders of gardening partnerships, country cooperatives;

establishment of the borders formed as a result of division merges of the parcels of land;

state registration of the termination of existence of the divided, integrated parcels of land, the creations which are again formed as a result of division of merge of the parcels of land, rights, restrictions (encumbrances) of the rights to them.

7. For performance of works on division, merge of the parcels of land which are in private property, the interested person addresses the contractor.

For performance of works on division, merge of the parcels of land which are in state-owned property and provided in the life inherited tenancy, permanent or temporary use, lease, the interested person addresses to local executive committee in the location of the parcel of land which if division, merge of the parcels of land is possible and will not lead to violation of town-planning regulations, nature protection, fire-proof, health and other requirements, directs within 5 working days to the contractor the order to project development of division, merge of the parcels of land and establishment of the borders formed as a result of division, merge of the parcels of land with the land cadastral plan of the divisible parcel of land or the sliyaemy parcels of land with offers (options) of passing of limit of the Section of the parcel of land.

Works on division, merge are performed in the presence of the consent of interested persons.

8. Cartographic basis for project development of division, merge of the parcels of land are copies of land cadastral plans of the parcels of land, and also cartographic materials of scale 1:500, 1:1000, 1:2000 - for the parcels of land located in the territory of the cities, settlements of city type, rural settlements, gardening partnerships and country cooperatives, and scale 1:2000, 1:5000, 1:10 000 - for the parcels of land located outside the called territories.

9. In case of project development of division, merge of the parcels of land shall be provided:

possibility of providing for each of formed as a result of division, merges of the parcels of land of entrances which width shall be at least 3,5 of m;

possibility of providing to owners of capital structures (buildings, constructions) which are on the parcels of land formed as a result of division, separate entrance to the structures belonging to them;

location of borders of the parcels of land formed as a result of division at distance at least 3 m from the separate apartment house (garden lodge, giving) and fire-proof reservoir, at least 1 m - from economic constructions, pergolas and arbors, at least 4 m - from open-air cages with pets, at least 3 m - from tall fruit-trees (apple-tree, pear, sweet cherry, etc.), at least 2 m - from srednerosly fruit-trees (cherry, plum, cherry plum, sea-buckthorn, guelder-rose, etc.), and also from dwarfish fruit and decorative trees, at least 1 m - from berry (currant, raspberry, grapes, etc.) and ornamental shrubs.

In the project of division, merge of the parcels of land restrictions (encumbrance) of the rights to the parcels of land formed as a result of division, merge of the parcels of land (shall be reflected in case of their availability).

In case of division of the parcels of land the line of the Section shall not pass on indivisible capital structures (buildings, constructions), long-term plantings.

10. If in case of division of the parcels of land land users of the parcels of land show willingness limit of the Section to establish on axis of internal wall of the divided capital structure, then such offers shall be considered by the contractor in the presence of the agreement signed between them providing cross liabilities of the parties on destruction non-admission, content in the normal state and to repair of this wall, and also the obligation on non-admission of destruction of the rooms of this structure located above either lower than the level of mark of the earth, or the copy of the court decree on this matter.

The line undressed, passing on capital structure (the building, construction), is established taking into account the corresponding draft of the Section of capital structure (the building, construction) or exarticulations of the isolated rooms from capital structure (the building, construction) and (or) technical data sheet on such capital structure (the building, construction).

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