The actions of an investor in this type of activity are governed by the following main documents:

The Land Code of the Republic of Belarus of July 23, 2008 No. 425-З (hereinafter referred to as the Code);

Decree of the President of the Republic of Belarus of December 27, 2007 No. 667 "On the withdrawal and allocation of land plots";

Resolutions of the Council of Ministers of the Republic of Belarus dated:

  • March 26, 2008 No. 462 "On certain measures for the implementation of the Decree of the President of the Republic of Belarus of December 27, 2007 No. 667";
  • February 20, 2007 No. 223 "On some measures for the improvement of architectural and construction activities";
  • March 20, 2008 No. 427 "On the establishment of a standard form of a land plot lease agreement";

The decision of the Minsk City Executive Committee of November 8, 2018 No. 4628 "On some issues of organizing and conducting auctions in respect of land in the city of Minsk in 2019".

5.1. Types of land property rights

Land plots may be held by land users on the basis of the following rights:

  • public and private property, as well as the right of ownership of foreign states, international organizations;
  • lifelong inherited possession;
  • permanent use (use without a predetermined period);
  • temporary use;
  • lease (sublease).

Land plots are provided for permanent use to:

  • state bodies, other state organizations (except for the provision of land for the construction of gas stations) - for the implementation of their tasks and functions stipulated by the legislation;
  • non-state legal entities of the Republic of Belarus - for the maintenance of immovable property owned by the state;
  • scientific organizations, educational institutions - for research and / or educational purposes in the field of agriculture or forestry;
  • religious organizations - for the construction and (or) maintenance of burial places, religious buildings, including buildings of diocesan administrations, monastic complexes, religious schools;
  • legal entities - for the construction of multi-family residential buildings (with the exception of high-comfort residential buildings according to the criteria defined by legislative acts), maintenance of multi-family residential buildings, construction and (or) maintenance of dormitories, garages and parking lots;
  • legal entities of the Republic of Belarus - for the reconstruction of existing capital buildings (buildings, structures), isolated premises in capital buildings (buildings, structures), if it is necessary to change the purpose and (or) the size of the land plot provided to the legal entity on the basis of permanent use;
  • legal entities of the Republic of Belarus - for the construction and (or) maintenance of transport and engineering infrastructure facilities and roadside service facilities, with the exception of the construction of roadside service facilities in suburban areas of the city of Minsk and regional centers;

Legislative acts and decisions of the President of the Republic of Belarus may establish other cases of granting land plots for permanent use.

For temporary use land plots can be provided to:

  • persons and for the purposes specified in the second part of Article 15 of the Code - for a period of up to ten years, unless otherwise provided by the Code and other legislative acts;
  • legal entities of the Republic of Belarus for the extraction of common minerals, including peat, the construction of facilities necessary for their processing and storage, as well as for the use of geothermal resources of the subsoil and the drying of lignin, for the extraction of strategic minerals, minerals of limited distribution in the presence of mining allotment construction of facilities necessary for their processing and storage - for a period established by legislation on the protection and use of mineral resources for specified purposes;
  • concessionaires on the basis of concession contracts - for a period of up to ninety-nine years in accordance with the Code and other acts of legislation on the protection and use of land and on concessions.

Legislative acts and decisions of the President of the Republic of Belarus may establish other cases of provision of land for temporary use.

Land leases can be provided to:

  • citizens, individual entrepreneurs, legal entities of the Republic of Belarus, foreign legal entities and their representative offices, foreign states, diplomatic missions and consular offices of foreign states, international organizations and their representative offices in accordance with the Code and other acts of legislation on land protection and use.

The lessors of state-owned land plots are state bodies exercising state regulation and management in the field of land use and protection in accordance with their competence provided for by this Code and other legislative acts.

The lessors of state-owned land plots may be administrations of free economic zones in case land plots are granted to residents of the respective free economic zones, special tourist and recreational parks whose management body is the administration of the free economic zone, within the boundaries of these zones, parks with the need to transfer land from one category to another, including the conclusion of lease agreements for these land plots, if these rights are delegated by the respective regional, Minsk City, city (cities of regional and district subordination) and district executive committees in accordance with their competence provided by this Code.

Citizens, non-state legal entities of the Republic of Belarus, having privately owned land plots, may be landlords of these land plots, provided that their purpose is preserved and subject to the restrictions established by this Code. The leasing of land plots allocated to private ownership for the construction of capital structures (buildings, structures) is prohibited, unless otherwise established by the President of the Republic of Belarus, until the owners receive documents certifying the right to capital structures located in these areas (buildings, structures) .

The dates and other terms of the land lease are determined by the land lease agreement. The lease term of a land plot owned by the state and provided for purposes related to the construction and (or) maintenance of capital structures (buildings, structures) must be at least the standard period of construction and (or) operation of these capital structures (buildings, structures) . The provision of a land plot for a shorter period may be carried out only with the consent of the persons to whom the land plot is provided. The lease term of the land plot shall not exceed ninety-nine years. The lease term of the land plot provided for the purposes related to the use of the leased water body (its part) shall not exceed the lease term of this water body (its part).

On land plots owned by the state and leased, construction of capital structures (buildings, structures), creation of trees and shrubs (plantations) or plantings of herbaceous perennial plants by tenants are allowed if this is appropriate for the intended purpose of these land plots and the conditions for their provision in the lease specified in the decisions of state bodies exercising state regulation and management in the field of land use and protection, and land lease agreements.

5.2. Acquisition of property rights to land

In accordance with the legislation of the Republic of Belarus, land plots are provided on the results of auctions:

  • for the right to conclude land lease agreements - for rent to citizens, individual entrepreneurs, legal entities;
  • on the sale of land plots to private ownership - to the private ownership of citizens of the Republic of Belarus, non-state legal entities of the Republic of Belarus.

In settlements located in suburban areas of Minsk, regional centers and cities of regional subordination, local executive committees are required to auction at least 30 percent of the listed free (unoccupied) land plots that can be provided for the construction and maintenance of single-family, blocked residential buildings.

When real estate is sold in the territory of the Republic of Belarus (capital buildings (buildings, structures), unfinished mothballed capital structures, unfinished mothballed capital structures that are state-owned), including through an auction, they simultaneously sell to private property a land plot necessary for the maintenance of this property, or sell the right to enter into a lease agreement for such a land plot, unless otherwise specified by laws or decisions of the President of the Republic of Belarus.

If the sale of such property located on a land plot in permanent or temporary use is carried out without holding an auction, the land plot is withdrawn and provided to the buyer of this property without holding an auction in private ownership or rent, unless otherwise specified by the President of the Republic of Belarus.

5.3. Acquisition of property rights to land without bidding

Without holding an auction for the right to conclude lease agreements, an auction with conditions for the right to design and build capital structures (buildings, structures) and an auction for the sale of land plots to private ownership, land plots are granted on real rights in accordance with legislative acts in the field of land protection and use:

  • to state bodies, other state organizations (except for the provision of land for the construction of gas stations) - for the implementation of the tasks and functions stipulated by the legislation;
  • to scientific organizations, educational institutions - for research and / or educational purposes in the field of agriculture or forestry;
  • to religious organizations - for construction and (or) maintenance of burial places, religious buildings, including buildings of diocesan administrations, monastic complexes, religious schools;
  • to legal entities, individual entrepreneurs - for the construction and (or) maintenance of transport and engineering infrastructure facilities, roadside service facilities, with the exception of cases of roadside service facilities construction in suburban areas of Minsk and regional centers;
  • to legal entities - for the extraction of common minerals, including peat, the construction of facilities necessary for their processing and storage, as well as for using geothermal resources of the subsoil and drying lignin, mining of strategic minerals, minerals of limited distribution in the presence of mining allotment, construction of facilities necessary for their processing and storage, implementation of concession contracts;
  • to residents of free economic zones, special tourist and recreational parks - for the construction and maintenance of real estate in these areas, parks;
  • to legal entities, individual entrepreneurs - for the construction and maintenance of real estate facilitiess intended for the production of goods (performance of works, rendering of services), with the exception of the construction and maintenance of such facilitiess within the boundaries of the cities of Baranovichi, Bobruisk, Borisov, Brest, Vitebsk, Gomel, Grodno , Zhlobin, Zhodino, Lida, Minsk, Mogilev, Mozyr, Molodechno, Novopolotsk, Orsha, Pinsk, Polotsk, Rechitsa, Svetlogorsk, Slutsk, Soligorsk, construction of gas stations, shopping facilities (except for specialized stores owned by the producers of the goods). Taking into account the interests of the state, local conditions and economic efficiency, regional executive committees have the right to determine settlements (parts of their territories), other territories within which land plots are provided to legal entities, individual entrepreneurs for the specified purpose based only on the results of auctions;
  • for the reconstruction of existing capital buildings (buildings, structures), isolated premises in capital buildings (buildings, structures), if an increase in the size of a land plot is required in compliance with the maximum size of land plots established by legislation;
  • in case of acquisition of unfinished unmothballed capital buildings (except for unfinished residential houses and residential premises), the decision on alienation of which was made by the President of the Republic of Belarus;
  • to legal entities, individual entrepreneurs - to place a real estate facility in the territory of the Republic of Belarus, if the construction of such a facility (category of facilities) and legal entities (their separate categories, and in the case of placement of gas stations - legal entities of the petroleum product supply system of the Republic of Belarus) is determined by the decision of the President of the Republic of Belarus or by a program approved by the President of the Republic of Belarus or the Council of Ministers of the Republic of Belarus;
  • to the investor (organization implementing the investment project) - for the construction of facilities provided for by investment agreements with the Republic of Belarus during the period of validity of such agreements. Upon termination of an investment contract, the provision of land to an investor (organization implementing an investment project) without holding auctions to complete the construction of facilities provided for in an investment contract is allowed in cases established by legislative acts in the field of investment;
  • to organizations, individual entrepreneurs collecting, sorting (separation by type), preparation for neutralization and (or) the use of secondary material resources - to accommodate collection points for secondary raw materials, facilities for sorting, neutralization, recycling of municipal waste and facilities for solid municipal waste disposal ;
  • to winners of the auction with the conditions for the right to design and build capital structures (buildings, structures);
  • to legal entities - for the construction of multi-family residential buildings (with the exception of luxury houses), maintenance of apartment buildings, construction and (or) maintenance of dormitories, garages and parking lots. In the city of Minsk and regional centers, land plots for the construction of multi-family residential buildings (with the exception of high-comfort residential buildings) are provided to communal unitary capital construction enterprises, their subsidiary unitary enterprises, large-panel housing construction organizations, persons specified in subparagraphs 7.18, 7.20, 7.23 and 7.25 of this paragraph, as well as legal entities - winners of the competition for the choice of the customer (developer), the procedure for which is established by the Council of Ministers of the Republic of Belarus;
  • by decision of the President of the Republic of Belarus are granted in other cases.

The winners of the auction with the conditions for the right to design and build capital structures (buildings, structures) are given land without an auction. The decision to hold an auction with conditions for the right to design and build capital structures (buildings, structures) is made by the Minsk City Executive Committee, the City Executive Committee of the regional center for land in Minsk and regional centers where the facilities to be demolished are located.

5.4. Acquisition of property rights to land as a result of auctions

In Minsk, in order to provide land plots, auctions are organized and held for the right to conclude land lease agreements, auctions with conditions for the right to design and build capital structures (buildings, structures) and auctions for the sale of land plots to private ownership.

Auctions for the right to conclude lease agreements for land plots (hereinafter referred to as auctions for the right to lease) are organized and conducted in respect of land plots on which there are no real estate objects to be demolished.

Auctions with conditions for the right to design and build capital structures (buildings, structures) (hereinafter referred to as conditional auctions) are organized and conducted in respect of land plots on which real estate facilities are to be demolished. The main condition for this type of auction is the conditions for the demolition (transfer) of real estate facilities located on the plots, as well as compensation of losses to former land users caused by the withdrawal of land plots.

Auctions for the sale of land plots to private ownership (hereinafter referred to as auction sales) are organized and held in cases provided for by legislative acts.

In accordance with the decision of the Minsk City Executive Committee of November 8, 2018 No. 4628 "On some issues of organizing and conducting auctions in respect of land plots in the city of Minsk in 2019", it is determined that the state organization authorized to conduct auctions in Minsk for the right to lease, conditional auctions and auction sales  is the UE "Minsk City Center of Real Estate" (hereinafter referred to as the auction organizer), located at the address: 220030, Republic of Belarus, Minsk, K. Marx St., 39, tel .: +375 17 227-05-62, (227-48-36), (226-16-72), (www.mgcn.by).

The organizer of auctions carries out the preparation and organization of rental auctions and auctions with conditions in respect of land plots included in the relevant lists of the Minsk City Executive Committee. A month before the auctions, republican and local mass media identified by the Council of Ministers of the Republic of Belarus and the Minsk City Executive Committee (the newspapers "Zvyazda", "Vecherny Minsk", "Minsky Courier") publish notifications indicating the full information on the items of the auction, the date of their holding, the list of required documents for participation and the timing of their admission.

Detailed information about the land plots put up for bidding, the procedure for participation in auctions, their conditions, the initial prices of items of bidding can be obtained by contacting the above address, telephone numbers, or using the information posted on the official site of the bidding organizer (www.mgcn.by) .

The procedure for conducting auctions is determined by the relevant Provisions approved by Resolution of the Council of Ministers of the Republic of March 26, 2008 No. 462 "On some measures to implement the Decree of the President of the Republic of Belarus of December 27, 2007 No. 667".