New requirements for the allocation and provision of land plots came into force on September 1
New requirements for the seizure and provision of land plots came into force on September 1, 2013 in Belarus, according to BELTA.
These requirements were adopted by Decree No. 258 of June 5, 2013, and it introduces additions and amendments to Decree No. 667 of December 27, 2007 "On the seizure and provision of land plots".
Now, land plots for the construction of multi-apartment residential buildings in Minsk and regional centers will be allocated only to communal unitary enterprises for capital construction, as well as to legal entities - winners of the competition for the selection of a developer. The decree allows for the identification of the most advantageous offers from customers (developers) for the construction of multi-apartment residential buildings, excluding high-comfort residential buildings. This will also help prevent possible abuses in the allocation of land plots for construction.
Communal unitary enterprises for capital construction, as well as legal entities - winners of the competition for the selection of a customer (developer) are customers for the implementation of state order programs for the construction of residential premises. They will be granted plots without an auction on the right of temporary or permanent use. As for land plots for the construction of high-comfort residential buildings, they will be provided based on auction results, as before.
Families with many children registered as needing to improve their housing conditions are provided with land plots for housing construction out of turn. In addition, such plots in Minsk, regional centers, and cities of regional subordination will be provided to families with many children in need of housing improvement in private ownership without payment for the land plot.
Furthermore, in accordance with the decree, the obligation to apply for state registration of land plots provided to citizens is now solely entrusted to land management organizations. This will eliminate the need for citizens to be personally present at territorial organizations for state registration of real estate, and they will no longer miss the statutory deadline for applying for registration actions.
According to Decree No. 258, the state registration of the creation of a land plot and the emergence of rights to it, as well as the issuance of a certificate (or attestation) of state registration, are carried out within a period not exceeding 7 working days. In cases where a large volume of work is required to perform the registration action, it may be carried out within a period of up to 14 working days.
The decree also provides that when a land plot is granted for temporary use or lease for a period of up to one year, the state registration of its creation and the emergence of rights to it is not carried out, and a written lease agreement for the land plot is not required.
The procedure for granting land plots for the implementation of investment agreements concluded with the Republic of Belarus is being improved. Executive committees will be obliged to form lists of plots intended for subsequent provision to investors. These lists must be posted on information boards and official websites of the executive committees.
In addition, the decree tightens the requirements for placing real estate objects on agricultural and forest lands. Now, if it is necessary to build a house on these lands, it will be required to coordinate the decision with the President of Belarus. At the same time, specific cases are established in which such coordination of the location of land plots is not required. This applies to the construction and maintenance of underground linear structures (gas pipelines, oil pipelines, power lines, communication lines, and other structures), the reconstruction of linear structures, including railway and roads. This includes operational wells for the extraction of hydrocarbon raw materials and facilities related to their maintenance, as well as the construction and maintenance of real estate objects within the boundaries of free economic zones.