RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 7, 2018 No. 433

About approval of the Regulations on procedure for compensation by lessees (loan recipients) for expenses (costs) on content, operation, repair leased (transferred to free use) real estate, costs for sanitary content, utility and other services

Based on the paragraph of the fourth of part one of subitem 1.13 of Item 1 of the Presidential decree of the Republic of Belarus of May 16, 2023 "About lease and free use by property" and parts three of Item 3 of the Regulations on procedure for determination of the amount of the rent when leasing the real estate approved by the Presidential decree of the Republic of Belarus of May 16, 2023 No. 138, Council of Ministers of the Republic of Belarus DECIDES: No. 138

1. Approve Regulations on procedure for compensation by lessees (loan recipients) for expenses (costs) on content, operation, repair leased (transferred to free use) real estate, costs for sanitary content, utility and other services it (is applied).

2. Authorize the Ministry of Housing and Public Utilities on giving explanations concerning application of the Regulations on procedure for compensation by lessees (loan recipients) for expenses (costs) approved by this resolution on content, operation, repair leased (transferred to free use) real estate, costs for sanitary content, utility and other services.

3. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of May 27, 2009 No. 683 "About approval of the Regulations on procedure for compensation by the organizations of expenses for servicing of the buildings, constructions and rooms transferred to them by state-financed organizations to free use or lease" (The national register of legal acts of the Republic of Belarus, 2009, No. 134, 5/29817).

4. This resolution becomes effective in three months after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 7, 2018 No. 433

Regulations on procedure for compensation by lessees (loan recipients) for expenses (costs) on content, operation, repair leased (transferred to free use) real estate, costs for sanitary content, utility and other services

1. This Provision determines procedure for compensation by lessees (loan recipients) for expenses (costs) by content, operation, repair leased (transferred to free use) the real estate, costs for sanitary content, utility and other services suffered by the lessor (loaner) (further – expenses of the lessor (loaner).

Action of this provision does not extend to housing stock.

2. For the purposes of this provision the following terms and their determinations are used:

2.1. other services – the services connected with ensuring safety and safety of operation of real estate, except for services in protection of property of the lessee (loan recipient) and servicing of its means and systems of protection;

2.2. capital repairs – set of works, including construction both commissioning, and actions for recovery of the technical, operational and consumer qualities of real estate lost in use;

2.3. utilities – also cold water supply, water disposal (sewerage), gazo-, electro-and heat supply, the address with solid utility waste is hotter;

2.4. places public:

the staircases, ladders, elevators, lift and other mines, corridors, roofs, technical floors and cellars, bathrooms, external structural elements of the building, other rooms and objects located outside real estate, intended for ensuring its operation and (or) use of which it is performed by two and more agreement parties of lease (free use), including lessees (loan recipients) and lessors (loaners);

the mechanical, electric, sanitary and other equipment, engineering networks and communications which are including outside real estate, intended for ensuring its operation and (or) use of which is performed by two and more agreement parties of lease (free use), including lessees (loan recipients) and lessors (loaners);

the territory intended for servicing, operation and improvement of capital structure (the building, construction), determined according to the title document on the parcel of land;

2.5. real estate – capital structures (buildings, constructions), the isolated rooms, parking places, their parts which are in state-owned property, and also in property of economic societies in which authorized capitals more than 50 percent of shares (shares) are in property of the Republic of Belarus and (or) its administrative and territorial units (except for capital structures (buildings, constructions), the isolated rooms, their parts in the markets and in the shopping centers leased by legal entities and individual entrepreneurs for the organization and implementation of retail trade);

2.6. sanitary content – range of services on sanitary processing (cleaning) of places public and by agreement of the parties the parts of the real estate unit leased (transferred to free use), including sink or other processing, including disinfection, disinsection, deratization, for compliance to their established health requirements;

2.7. content, operation of real estate – the maintenance of real estate including works on maintenance in serviceable and operating state of its structural elements and engineering systems, except for elevators, to ensuring the set parameters and operating modes of engineering systems, except for elevators;

2.8. running repair – set of works, including construction both commissioning, and actions for the prevention of depreciation of real estate, elimination of small damages and defects, improvement of its esthetic qualities;

2.9. maintenance of the elevator – set of works on maintenance of operability of the elevator in case of its operation.

3. The procedure, terms and the sizes * expense recoveries of the lessor (loaner), and also procedure for their change are determined by the parties according to this Provision in case of the conclusion of lease agreements (free use) and are reflected in such agreements or in separately signed contracts for expense recovery (costs).

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* In agreements values of the amount of compensation in the shares or other units of measure determined according to this Provision are reflected.

The sizes of total area and the area of places public of real estate are determined by technical data sheet, and in the absence of possibility of determination of the sizes of the areas according to technical data sheet – by measurement of rooms by the commission created by the lessor (loaner) with inclusion of representatives of lessees (loan recipients) in it.

The size of compensation amount of expenses of the lessor (loaner) shall be confirmed with the calculations and (or) calculations constituted by the lessor (loaner) with their representation to the lessee (loan recipient) according to its requirement.

4. Determination of the lessor (loaner) refunded by the lessee (loan recipient) of part of expenses is performed on:

to hot and cold water supply, water disposal (sewerage), maintenance of the elevator – in proportion to share of workers of the lessee (loan recipient), other physical persons working in leased (transferred to free use) the real estate unit or using such property, in total quantity of the physical persons working in the real estate unit or using such property if other is not established by the agreement of the parties;

to heat supply – in proportion to share of the area heated leased (being in free use) real estate in total area of the heated real estate without the area of places public if other is not established by the agreement of the parties, and in case of the different height of real estate – in proportion to share of the amount heated leased (which is in free use) the real estate in total amount of the heated real estate without places public if other is not established by the agreement of the parties;

to electric utility service – in proportion to share of capacity and employment duration of electroreceivers of the lessee (loan recipient) in general capacity and employment duration of electroreceivers in the real estate unit if other is not established by the agreement of the parties;

to gas supply – according to indications of the metering devices of consumption of gas established at the lessee (loan recipient);

to the address with solid utility waste – in proportion to share of the area leased (being in free use) real estate in total area of real estate without the area of places public if other is not provided by the agreement of the parties;

to other expenses of the lessor (loaner), including on other services, capital repairs, sanitary content of places public, content, operation of real estate, running repair, – in proportion to share of the area leased (being in free use) real estate in total area of real estate without the area of places public if other is not established by the agreement of the parties.

The part of costs of the lessor (loaner) for heat supply compensated by the lessee (loan recipient) increases by cost amount of the lessor (loaner), falling on places public, in proportion to share of the area leased (being in free use) real estate in total area of real estate without the area of places public.

The part of costs of the lessor (loaner) for electric utility service compensated by the lessee (loan recipient) increases by cost amount of the lessor (loaner), having:

to places public, except for elevators, in proportion to share of the area leased (being in free use) real estate in total area of real estate without the area of places public;

for operation of the elevator, in proportion to share of workers of the lessee (loan recipient), other physical persons working in leased (transferred to free use) the real estate unit or using such property, in total quantity of the physical persons working in the real estate unit or using such property if other is not established by the agreement of the parties.

Maintenance costs of the elevator and electric utility service for operation of the elevator are compensated by the lessee (loan recipient) if leased (provided in free use) real estate is above the first stopping platform in capital structure (the building, construction) equipped with the elevator taking into account design features of arrangement of stopping platforms of the elevator.

In the presence of separately installed in leased (transferred to free use) the real estate unit of metering devices of expense of heat energy, electrical energy, water compensation by the lessee (loan recipient) of costs for the corresponding utilities is made based on indications of these devices with compensation of part of the costs of the lessor (loaner) falling on places public, according to the procedure, provided in parts of the second or fourth of this Item.

Costs on capital repairs are compensated concerning the real estate transferred to free use, without fail.

Expenses (costs) for works on content, operation, repair leased (transferred to free use) real estate:

made for the lessor (loaner) based on the signed agreements by third parties, are compensated by the lessee (loan recipient) proceeding from actual costs of the lessor (loaner) on payment of the performed works (the rendered services);

made by the lessor (loaner) by own forces, no more than 5 percent are compensated by the lessee (loan recipient) based on actual costs and profit proceeding from profitability.

4-1. When leasing (provision in free use) real estate and (or) its parts for placement of property of the lessee (loan recipient) working in the autonomous mode (without creation of workplaces), expense recovery of the lessor (loaner) is performed on:

to utilities (electric utility service, is hotter also cold water supply, water disposal (sewerage) - in the presence of separately established metering devices of expense on the corresponding utilities based on indications of these devices, in case of their absence - by agreement of the parties;

to content, operation, the capital repairs, running repair of real estate, other services and other expenses of the lessor (loaner) connected with content and operation of real estate, - according to the procedure, determined by the agreement of the parties.

4-2. In case of hourly lease (free use) of real estate the amount of the refunded expenses of the lessor (loaner) is calculated for hour proceeding from the size of the refunded expenses determined in month, divided into the average monthly number of checkout working hours.

The average monthly number of checkout working hours received by division of the annual settlement regulation of working hours established by the legislation for year in which the lease agreement (free use) of real estate, for 12 months is signed is taken into consideration of the amount of the refunded expenses in case of hourly lease (free use) of real estate.

In case of periodic lease (free use) of real estate the amount of the refunded expenses of the lessor (loaner) is calculated per day proceeding from the size of the refunded expenses determined in month in which real estate is leased (is transferred to free use), divided into quantity of the working days in this month.

4-3. The questions of compensation by lessees (loan recipients) of expenses of the lessor (loaner) which are not settled by this Provision are solved within contractual relations between the lessor (loaner) and lessees (loan recipients).

5. In case lessors (loaners) are state-financed organizations, money on account of expense recovery of the lessor (loaner) which financing was performed by budget funds, are brought by lessees (loan recipients) into the accounts of lessors (loaners) provided for these purposes.

The money specified in part one of this Item within three working days from the date of their revenues to the corresponding accounts (but no later than the last working day of month) is listed by lessors (loaners) in budget receipt from which the state-financed organization, according to the classification of the income approved by the Ministry of Finance is financed.

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