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

of October 16, 2017 No. 13

About modification and amendments in the Resolution of the State committee on property of the Republic of Belarus of March 24, 2015 No. 11

Based on subitem 4.34 of item 4 and 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 "Questions of the State committee on property of the Republic of Belarus", the State committee on property of the Republic of Belarus DECIDES:

1. Bring in the Instruction about the bases of appointment and procedure for technical inventory count of real estate, and also verification of characteristics of real estate when making registration actions approved by the resolution of the State committee on property of the Republic of Belarus of March 24, 2015 No. 11 (The national legal Internet portal of the Republic of Belarus, 30.05.2015, 8/29886; 31.10. 2015, 8/30334), following changes and amendments:

1.1. in Item 2:

in subitem 2.1:

exclude the words "executed (filled) by hand";

words of "the exact plan" to replace with the word of "plans";

in subitem 2.54 of the word "inventory case of the respective real estate unit and data of the single state register immovable imushchestvo, the rights to it and transactions with it (further – the register)" shall be replaced with words "the register of characteristics of real estate (further – the register of characteristics)";

in subitem 2.67 of the word "combined" and "combined" to replace respectively with the words "complex" and "complex";

add subitem 2.72 with words ", created or changed according to the legislation";

1.2. third of item 4 to state part in the following edition:

"Plane constructions, such as platforms, parkings, ground storages and so forth, are created as independent real estate units in case of respect for purpose of the parcel of land in provision cases in the organization for the state registration of the allowing, project documentation, documentation on acceptance for operation of object, other documentation confirming construction of such structures as independent objects, or the reference signed by the head of the legal entity applying for emergence of the right concerning the operated capital structure, or the individual entrepreneur applying for emergence of the right concerning the operated capital structure containing information that the capital structure was operated till May 8, 2003 and by results of the last verifications of the note of state supervision bodies on it are absent, or statements from the decision of executive committee on possibility of use of the operated capital structure to destination according to the single classification of purpose of real estate units approved by the resolution of Committee on land resources, geodesy and cartography under Council of Ministers of the Republic of Belarus of July 5, 2004 No. 33 (The national register of legal acts of the Republic of Belarus, 2004, No. 123, 8/11310) (further – single classification of purpose of real estate units).";

1.3. in Item 13:

the fourth to exclude the paragraph;

the fifth or fourteenth to consider paragraphs respectively paragraphs the fourth or thirteenth;

from the paragraph of the fifth word", the approved resolution of Committee on land resources, geodesy and cartography under Council of Ministers of the Republic of Belarus of July 5, 2004 No. 33 (The national register of legal acts of the Republic of Belarus, 2004, No. 123, 8/11310) (further – single classification of purpose of real estate units)," to exclude;

add Item with paragraphs the fourteenth and fifteenth, and also parts two and third the following content:

"the solution (the order, the resolution, the order) of face (body) which appointed inspection, on approval of the acceptance act in operation of capital structure (the building, construction), the isolated room (further – the decision on approval of the acceptance act) if created (formed, changed) as a result of construction (repair, reconstruction, restoration) object is put into operation before carrying out its technical inventory count or verification of characteristics, – in case of work concerning newly created (changed) as a result of construction, repair, reconstruction, restoration of the real estate unit, except for the objects built as a result of unauthorized construction, and also garden lodges;

the lease agreement or free use of object of technical inventory count – in case of performance of works according to Item 41-1 of this Instruction.

The citizen has the right to provide in the organization for state registration in addition other documents concerning object of technical inventory count.

For the purpose of refining of data on object of technical inventory count the organization for state registration has the right to request from the citizen additional documents concerning object of technical inventory count.";

1.4. in Item 15:

the fifth to exclude the paragraph;

the sixth or seventeenth to consider paragraphs respectively paragraphs the fifth or sixteenth;

to exclude from the paragraph of the seventh word "certified by seal of this legal entity", and the word "and certified by its seal (in case of its availability)";

to exclude from the paragraph of the eleventh word "certified by seal of this legal entity", and the word "and certified by its seal";

add Item with paragraphs the seventeenth and eighteenth, and also parts two and third the following content:

"the decision on approval of the acceptance act if created (formed, changed) as a result of construction (repair, reconstruction, restoration) object is put into operation before carrying out its technical inventory count or verification of characteristics, – in case of work concerning newly created (changed) as a result of construction, repair, reconstruction, restoration of the real estate unit, except for the objects built as a result of unauthorized construction, and also garden lodges;

the lease agreement or free use of object of technical inventory count – in case of performance of works according to Item 41-1 of this Instruction.

Legal entities and individual entrepreneurs have the right to provide in the organization for state registration in addition other documents concerning object of technical inventory count.

For the purpose of refining of data on object of technical inventory count the organization for state registration has the right to request from the legal entity or the individual entrepreneur additional documents concerning object of technical inventory count.";

1.5. "real estate (further – the register of characteristics)" to exclude from the paragraph of the sixth Item 19 of the word;

1.6. the second Item 23 to add part with the offer of the following content: "The copy of the letter of the organization for state registration on refusal in documents acceptance is located in inventory case.";

1.7. in Item 24 part three:

words", and also procedure for appeal of suspension" to exclude;

add part with the offer of the following content: "The copy of the letter of the organization for state registration or the written application of the customer about suspension of works is located in inventory case.";

1.8. in Item 25:

part two in paragraph three "register" shall be replaced with words the word "the single state register of real estate, the rights to it and transactions with it (further – the register)";

third to add part with the offer of the following content: "The copy of the letter of the organization for state registration on refusal in performance of works is located in inventory case.";

1.9. to add part one of Item 26 with the offer of the following content: "The copy of the letter (address) of the customer is located in inventory case.";

1.10. the second Item 27 after the words "at the customer" to add part with words of "the decision on approval";

1.11. in Item 28:

in the paragraph the second words of "acceptance act" shall be replaced with words "decisions on approval of the acceptance act";

third to state the paragraph in the following edition:

"in the absence of the decision on the permission for construction of the real estate unit, including reconstruction, restoration, capital repairs, and (or) the project documentation (except for the objects built as a result of unauthorized construction, garden lodges, the operated capital structures (buildings, constructions);";

from the paragraph of the eighth word "the confirmed seal of this legal entity" and to exclude the words "and the confirmed its seal (in case of its availability)";

the eleventh to state the paragraph in the following edition:

"in case of detection in case of technical inventory count or verification of characteristics of real estate of discrepancy of actual state of the real estate unit of the project documentation and on request of the organization for state registration during the term established by the legislation the reply of local executive and administrative organ about admissibility of the revealed departures is not received from the project documentation;";

1.12. in Item 30:

from the paragraph of the fourth of part two of subitem 30.1 of the word", difficult thing" to exclude;

in the paragraph the fourteenth subitem 30.4 of the word "technical documentation set of the customer prepared" shall be replaced with words "the resulting technical document and appendices to it (further, unless otherwise specified, – resulting technical documentation) prepared";

in subitem 30.6 of the word of "resulting technical documents (technical documentation set)" shall be replaced with words "resulting technical documentation";

1.13. to exclude parts two of Item 38 of the word "to within ten-thousand" from the paragraph of third;

1.14. in Item 39:

in part one:

the paragraph one after words of "real estate" to add with words "(except as specified, specified in part three of this Item)";

from the paragraph of the sixth word "the confirmed seal of this legal entity" and to exclude the words "and the confirmed its seal (in case of its availability)";

to exclude the paragraph of the eighth;

the ninth or fifteenth to consider paragraphs respectively paragraphs the eighth or fourteenth;

add Item with part three of the following content:

"Concerning the incomplete preserved capital structure appointment – 2 99 99 – the Building of unspecified appointment or 3 99 99 – the Construction of unspecified appointment is specified. Concerning the incomplete not preserved capital structure appointment is not specified.";

1.15. add the Instruction with Item 41-1 of the following content:

"41-1. When conducting verification of characteristics of the real estate units leased or free use according to the procedure and the cases established by subitem 2.15 of Item 2 of the Presidential decree of the Republic of Belarus of March 29, 2012 No. 150 "About some questions of lease and free use by property" (The national register of legal acts of the Republic of Belarus, 2012, No. 39, 1/13414), or used according to the paragraph third subitem 5.12 of Item 5 of the Decree of the President of the Republic of Belarus of November 23, 2017 No. 7 "About development of entrepreneurship" (The national legal Internet portal of the Republic of Belarus, 25.11.2017, 1/17364), on the title page of resulting technical documentation is specified appointment and the name of the real estate unit according to documents of the register.

Data on the actual purpose of object and details of the lease agreement or free use are specified in the line "Note" of the resulting technical document. The copy of the lease agreement of object of technical inventory count is located in inventory case.

In case of submission of the works order on conducting verification of characteristics of the real estate unit leased or leasable part of capital structure (the building, construction), production of appendices on leasable object or its part without issue of the resulting technical document with indication of in graphic application of names of rooms according to their actual use is allowed.";

1.16. in Item 44:

" (except as specified, provided in Item 42 of this Instruction)" to exclude from word part one;

add Item with part three of the following content:

"By results of carrying out technical inventory count of queue of construction or start-up complex of the real estate unit the name of such queue or start-up complex as for object in general is specified.";

1.17. in Item 46:

to add part one after the words "on the corresponding appointments" with the words "taking into account single classification of purpose of real estate units";

the second to exclude part;

1.18. in Item 47 part one:

after words of "economic constructions" to add with words ", components, accessories";

shall be replaced with words words of "the actual use of constructions" "their actual use";

1.19. from Item 55 of the word "or month and year in the digital MM.GGGG format, for example 02.2012" to exclude;

1.20. add Item 56 with part three of the following content:

"In case of availability of information on several years of construction the first (earliest) year of construction is specified, the whole other known years of construction are specified in the line "Notes" of resulting technical documentation.";

1.21. in Item 57:

in word part one "the acceptance act of object in operation, decisions (the order, the resolution, the order) persons (body) which appointed the commission about approval of the acceptance act of object in operation" shall be replaced with words "decisions on approval of the acceptance act";

add Item with part four of the following content:

"In case of availability of information on several dates of acceptance in operation the first (earliest) date of acceptance in operation is specified, all other known dates of acceptance in operation are specified in the line "Notes" of resulting technical documentation.";

1.22. in Items 59, 60 and 61 words of "the acceptance act of object in operation" shall be replaced with words "decisions on approval of the acceptance act";

1.23. from Item 63 of the word "it is specified: "There are no data" or" to exclude;

1.24. the second Item 64 to state part in the following edition:

"In case of creation of technical documentation all fields which are subject to filling according to this Instruction shall be filled. In case of lack of data in technical documentation the crossed out section is put down.";

1.25. in Item 67 part one:

shall be replaced with words the words "The Resulting Technical Document and Appendices to It Are Constituted" "Resulting technical documentation is constituted";

shall be replaced with words the words "sheets shall be numbered, except as specified, provided in Item 70 of this Instruction." "except as specified, stipulated in Item the 70th this Instruction. Pages of the resulting technical document shall be numbered.";

1.26. in Item 68:

in word part one of "the resulting technical document and appendices to it" shall be replaced with words "resulting technical documentation";

the second to exclude part;

1.27. add Item 69 with the words "or the resulting technical document is provided in the form of the electronic document";

1.28. state Item 71 in the following edition:

"71. Are dated the title page of the resulting technical document, the signature, initials, surname of the specialist in technical inventory count who constituted the document, date the signature, initials, surname of the official who performed verification of the document, date the signature, initials, surname of the official authorized by the head of the organization for state registration to sign technical data sheets, and seal for technical data sheets of the organization for state registration.

On each leaf of the resulting technical document, except for title, the signature of the contractor is below put down.

In case of creation of the resulting technical document in the form of the electronic document it is signed by the digital signature of the authorized officer, putting down of signatures of other persons is not required.";

1.29. the tenth Item 75 to state part in the following edition:

"Letters of the building included in structure of construction consists from letter of the corresponding component of construction and letter of the building appropriated according to the procedure, stipulated in Item the 74th to this Instruction, specified in brackets, for example, a2.2 (A1/d). Literation of incomplete structures is performed according to this Item without specifying of number of storeys and material of walls of the building.";

1.30. to state subitem 78.1 of Item 78 in the following edition:

"78.1. the database of the register of characteristics contains information on availability, the location, structure, the area and other characteristics, condition, cost of real estate units;";

1.31. in Item 81:

"duplicates or resulting technical documentation" shall be replaced with words words "the resulting technical documents and (or) appendices to them, duplicates of technical data sheets or sheets of technical characteristics";

add Item with part two of the following content:

"Inventory cases are provided to state bodies, other state organizations or officials in the cases established by legal acts.";

1.32. in Item 84:

in part one:

shall be replaced with words the words "appendices are applied to the statement" "on declaration of will of the customer the corresponding appendices can be applied to the statement";

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