Concept Definition Standard legal acts
Lease A lease is a contractual fixed-term retention possession and use or temporary use of the property necessary for the lessee to independently carry out economic and other activities.

Profits, products and income received by the lessee as a result of the use of leased property in accordance with the contract are his property.
 Civil Code of the Republic of Belarus
Objects of lease The objects of lease are capital structures (buildings, constructions), isolated premises, parking spaces, parts thereof that are in communal ownership (hereinafter - immovable property)

Information on the objects of immovable property offered for leasing, including in cases of their release as a result of the termination (premature termination) of lease contracts with an indication of the main technical characteristics of real estate and its possible targeted use is presented by legal entities –  lessors to the Minsk City Executive Committee for inclusion, in accordance with the procedure established by the State Property Committee, into a unified information database of unused property, for sale and leasing, posted on the Internet.
Decree of the President of the Republic of Belarus No. 150 of March 29, 2012  "On some issues of lease and free use of property"
Lessors The right to lease property belongs to its owner. Lessors may also be persons authorized by law or the owner to lease property.

The lessors of immovable property are organizations of municipal property of the city of Minsk and other organizations that have on the right of economic management or operational management real estate, as well as joint-stock companies established in the process of privatization of state property, and republican state-social associations to which the property is transferred for free use .
Civil Code of the Republic of Belarus, Decision of the Minsk City Council of Deputies No. 271 of December 16, 2009
Tenants Rreal estate tenants are:
• legal entities and individuals of the Republic of Belarus;
• international organizations and foreign countries;
• foreign legal entities and individuals, stateless persons after their registration in the Republic of Belarus in accordance with the procedure established by law.
Civil Code of the Republic of Belarus
Procedure of leasing capital structures (buildings, constructions),  isolated premises, parking spaces, parts thereof that are in property of the city of Minsk (hereinafter – immovable property) Real estate is leased through an auction for the sale of the right to conclude a lease contract (hereinafter referred to as an auction). The procedure for holding auctions is established by the Minsk City Council of Deputies.

It is allowed to conclude real estate lease contracts without holding an auction in the following cases:
recognition of the auction in the established manner as failed;
lease of this property for the placement of industrial and agricultural enterprises, operation of technological equipment, storing and keeping commodities and materials;
lease of this property for the placement of facilities for the provision of personal services;
lease of the said property for accommodation of public catering facilities with a number of seats not exceeding 25;
lease of such property for the organization of retail trade in goods of not more than 25 square meters. provided that the applicant does not have any other commercial facilities;
lease of the said property on an hourly lease basis;
placement of real estate on the territory of the free economic zone "Minsk";
lease of this property to state organizations, partnerships of owners, small business entities in small business incubator areas, as well as to accommodate communication equipment, ATMs, bank information kiosks and payment and reference terminals;
leasing this property for occasional events;
renting of residential buildings that are recognized as unfit for habitation, transferred and converted for other purposes;
lease of such property which is subject to demolition in the next five years in accordance with the long-term urban development plan;
leasing real estate planned for the capital repair in the coming year;
leasing real estate for the organization of trading places in the markets;
renting out of basements without premises on the first floor;
leasing constructions of civil defense;
leasing temporary free warehouses of organizations that store potatoes and fruit and vegetable products of stabilization funds (stocks) of food products created by the Minsk City Executive Committee for a period not exceeding 6 months;
lease of real estate or its part, in which there are no walls, floor, ceiling, or difficult to determine the leased area, except for the provision of such property for the placement of objects of trade and attractions;
lease of such property to a private unitary enterprise the founder of which is an individual who has leased this property as an individual entrepreneur prior to the state registration of this private unitary enterprise;
lease of this property for a new period to the lessee properly fulfilling his obligations under the previously concluded lease contract;
lease of the said property in order to fulfill the assignments of the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Administration of the President of the Republic of Belarus;
leasing such property for the purpose of implementing international, intergovernmental or interregional treaties or agreements on mutual cooperation;
lease of immovable property at the request of the republican government bodies and other organizations subordinate to the Government of the Republic of Belarus;
lease of this property for the placement of religious organizations at the request of the Office of the Commissioner for Religious Affairs and Nationalities;
leasing the said property to an individual entrepreneur or a private unitary enterprise in the event that this individual entrepreneur or founder of a private unitary enterprise is a close relative of the lessee who leased this property before entering into a lease agreement with that individual entrepreneur or private unitary enterprise, respectively;
lease of immovable property to the lessee, with which, at the initiative of the lessor, in connection with the objective necessity, the lease is terminated ahead of schedule;
lease of the said property to the lessee, who provides services to the lessor on the basis of the contract, necessary to carry out the production activities of the lessor.

In the event that the right to lease immovable property was not sold in the manner prescribed by law, the right to lease this immovable property by the auction organizer may be withdrawn from further sale and its leasing is carried out in accordance with the established procedure at the suggestion of the lessor.
Decision of the Minsk City Council of Deputies No. 271 of December 16, 2009
 Formalization of relations on the use of immovable property Civil-legal relations on the use of immovable property of municipal ownership are formalized by a lease contract. The approximate form of the lease contract for capital structuress (buildings, constructions), isolated premises, their parts that are in municipal ownership is recommended for application by lessors by the Decision of the Minsk City Executive Committee and provides the following sections: the subject of the contract, rights and obligations of the parties, rent, responsibility of the parties, duration of the contract, other conditions, legal addresses and requisites of the parties, calculation of the rent.

Conclusion of the lease contract of immovable property is carried out on the basis of the decision of the Minsk City Executive Committee on the leasing of this property on time in accordance with the law and this decision.

Lease of real estate for holding occasional events, temporarily free storage facilities of organizations that store potatoes and fruit and vegetable products of stabilization funds (stocks) of food products created by the Minsk City Executive Committee for a period of not more than 6 months, as well as for the organization of trading places in the markets is carried out by the lessor independently on the basis of the contract in accordance with the law.
Civil Code of the Republic of Belarus,Decision of the Minsk City Executive Committee No. 1441 of May 8, 2012, Decision of the Minsk City Council of Deputies No. 271 of December 16, 2009, Decision of the Minsk City Executive Committee No. 3845 of December 13, 2012
Preparation of decisions of the Minsk City Executive Committee on leasing immovable property In order to prepare a decision of the Minsk City Executive Committee on leasing immovable property, the lessor submits an application to the commission of the Minsk City Executive Committee on regulation of the use buildings, structures and premises in state ownership with the request to agree on the leasing of real estate and the lease terms.

As regards real estate objects, for which the right to conclude a lease contract  is sold at an auction, the lessor draws up an application with a request to agree on the lease of the real estate on the basis of the auction organizer's message about the results of the auction. These actions must be carried out within the time limits established by law. The application must be signed by the lessor and the winner of the auction, and on the objects which are in the economic management of the housing repair and maintenance organizations of the administrations of the districts of the city of Minsk the application must be agreed upon with the administration of the district of the city of Minsk on the territory of which the real estate is located.

Applications of lessors on the agreement of the leasing of immovable property without holding an auction in the foreseen cases, and also if the right to lease immovable property has been withdrawn from further sale by the auction organizer must be signed by the lessor, the lessee and agreed upon with the organization the lessor is subordinate to.

For real estate objects, the right to lease for which is sold at an auction or withdrawn in accordance with the established procedure from further sale, the lessor is entitled to enter into a lease agreement in accordance with the legislation for a period of up to 2 months with the business entity in respect of which the application has been sent t on the agreement of the leasing of real estate.
Decision of the Minsk City ouncil of Deputies No. 271 of December 16, 2009
Determination of the amount of the rent When leasing out capital structures (buildings, constructions), isolated premises, parking spaces, their parts (except for trading places in markets and shopping centers), the rent per month is calculated on the basis of the rented area and the rent rate. The cost of renting 1 sq. m of the rented area of ​​immovable property is determined based on the base rate with the use of coefficients. The rent is paid in Belarusian rubles based on the amount of the basic rental amount established on the day of payment.

• The base rate for the city of Minsk is 0.5 base rental value. When calculating the rent, the following coefficients are applied:
• coefficient of location;
• coefficient from 0.5 to 3 inclusive, established by the lessor depending on the demand for real estate, its technical condition and commercial benefits from leasing and (or) the use of leased property in agreement with government agencies and other organizations that agree on the lease of the real estate, if such an agreement is provided for by law;
• decreasing coefficients depending on the type of activity carried out on the leased areas, the category of the lessee and real estate (provided by Appendix 2 to the Regulation approved by the Decree of the President of the Republic of Belarus No. 150 of March 29, 2012);
• Increasing coefficients depending on the type of activity carried out on the leased areas, the category of the lessee and real estate (provided by Appendix 2 to the Regulation approved by the Decree of the President of the Republic of Belarus No. 150 of March 29,.2012).

When leasing out immovable property facilities in which there are no walls, floor, ceiling or in relation to which the definition of the leased area is difficult, the amount of rent is established by agreement of the parties and in agreement with the state body or other organization agreeing to the rental of immovable property, if the agreement of leasing of immovable property is provided by law.

When leasing out to legal persons and individual entrepreneurs trading places in markets and shopping centers that are in state ownership, as well as in the ownership of business companies, in the authorized funds of which more than 50 percent of shares (stakes) are owned by the Republic of Belarus and (or) its administrative-territorial units, for the organization and implementation of retail trade, the amount of rent is set by their lessors on the basis of the leased space of the commercial space, as well as the rental rate for 1 sq. m. of the rented area.

The rental rate for 1 sq. m. of the rented area is determined by multiplying the base rate for trading places in the markets and in shopping centers by a factor of 0.6 - 1.0, established by the regional executive committees and the Minsk City Executive Committee, depending on the location of the markets and shopping centers in the settlements.

• The base rate for the city of Minsk is 1.1 base rental value. Also, when calculating rent for trading places, the following can be applied:
• Increasing coefficients established by the Minsk City Executive Committee;
• Decreasing coefficients set by lessors themselves. To the trading places where the increasing coefficients are set, it is allowed to use decreasing coefficients by the lessors in agreement with the Minsk City Executive Committee
Decree of the President of the Republic of Belarus No. 150 of March 29, 2012, Decision of the Minsk City Executive Committee No. 1441 of May 8, 2012  
Organization which is authorized to consider lease issues and which is in jurisdiction of the Minsk City Executive Committee Municipal unitary enterprise "Minsk City Real Estate Center", Department for the Uuse of Non-residential Premises and Leasing Relations.

Head of the Department - BUTKEVICH Tatyana Timofeyevna, contact tel. (017) 327-41-70