Belarus
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Capital: Minsk
Official Languages: Belarusian and Russiana
Council of Ministers of the Republic of Belarus
Email: contact@government.by
Telefax: (8-017) 222-66-65
Address: 11 Sovetskaya St., Minsk 220010
(House of Government)
Any foreign citizen or legal entity can acquire, own and sell property located in Belarus. These proprietary rights are guaranteed by the Constitution and the Civil Code of the Republic of Belarus. The law permits owners of property not only to hold the land title, but also use the property for commercial purposes and gain profits from it.
Thus, according to article 11 of the Constitution of the Republic of Belarus, foreign citizens and stateless persons have the rights and freedoms to fulfill their duties on an equal basis with Belorussian citizens.
According to article 12 of the law regarding the legal status of foreign citizens and stateless persons in the Republic of Belarus; foreigners can obtain property in ownership, inherit or bequeath it. They may have other property rights in the order established by the legislation of The Republic of Belarus, including international treaties.
The procedure of acquiring property by foreigners is almost identical to that for residents of Belarus. Nevertheless, when buying domestic property, foreigners can only lay claim to structures or buildings and not the land on which they stand. This limitation, however, does not apply to citizens of the Russian Federation. Russian citizens are as free as native Belorussians when purchasing both land and structures. In any case, the acquisition of the building without the right of land plot is possible.
Regarding the articles 12 and 14 of the Code of the Republic of Belarus (Earth Code) foreign citizens have only the right to lease land plots. However, the Earth Code sets up the right for foreign citizens to gain ownership of a land plot by the way of inheritance.
According to the Law “About the state registration of real estate, rights to it and transactions with it” real estate transactions are not required to be certified by notary. As a general rule according to the Civil Code of the Republic of Belarus, transactions with real estate are subject to state registration. This means, that the real estate transaction is considered concluded at the moment of state registration. Only after the registration process is complete does the buyer become the legal owner and legally hold the title of the dwelling that they have purchased.
For the registration of a sale-purchase agreement and ownership right, the foreigner should apply to the Local agency on state registration and land Cadastre. The Resolution of the Council of Ministers number 156 sets out the guidelines for the registration process and the documents required.
Documents to buy property in Belarus
- The following documents should be submitted to the Local agency of state registration and land Cadastre for registration procedures:
- The application in its completed form, you can find a copy on the web-site of the Local agency on state registration and land Cadastre for registration procedure. (for Minsk https://mga.by) .
- Passport or other identification documents. The foreigner should submit an notarized translation of his passport into Russian or Belorussian.
- Documents confirming the foreigner’s legal status in the territory of Belarus (e.g temporary stay or temporary residence permit);
- Certificate of state registration of the legal entity (only if the legal entity is a part to a contract);
- Passport or other identifying documents for the authorized representative of the legal property. If a company is involved with the selling or purchasing, their representative should bring the employment contracts with them and their respective companies should be submitted, to confirm legal powers. If the representative is acting as a proxy, his power of attorney should be submitted.
- Sale-purchase agreement signed by the Seller and the Buyer three copies. The draft of the sale-purchase contract can be prepared by the Registration Clerk for an additional service fee.
- Receipt, confirming registration fee payment to the Registry.
