of December 6, 2018 No. 878
About some measures for implementation of the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357
According to Item 7 of the Presidential decree of the Republic of Belarus of September 4, 2018 "About the empty and shabby houses" the Council of Ministers of the Republic of Belarus DECIDES: No. 357
1. Approve:
The regulations on procedure for publication of data on the empty and shabby houses (are applied);
The regulations on procedure for maintaining the registers which are empty and registers of shabby houses (are applied);
The regulations on procedure for cost recovery of the empty and shabby houses (are applied).
2. Make additions and changes to the following resolutions of Council of Ministers of the Republic of Belarus:
2.1. in the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, No. 156 approved by the resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 "About approval of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of February 14, 2009 No. 193 and recognition voided some resolutions of Council of Ministers of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2012, No. 35, 5/35330; No. 67, 5/35810; National legal Internet portal of the Republic of Belarus, 29.05.2013, 5/37295; 06:09. 2013, 5/37753; 29.01. 2015, 5/40051; 05:07. 2016, 5/42294; 10:06. 2017, 5/43820):
to add the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 3.303 with paragraphs the third and fourth the following content:
"the documents certifying the rights to the parcel of land
written consent of the owner (owners) of capital structure, the isolated room, parking places on decision making about possibility of change of purpose of capital structure, the isolated room, parking places on single classification of purpose of real estate units without carrying out installation and construction works - in case of the address of the subject of managing who is not the owner";
in Item 8.1:
in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of subitem 8.1.4:
add paragraph two with words "(if creation of premises and (or) emergence of the rights to it are registered in the single state register of real estate, the rights to it and transactions with it)";
add the column with paragraphs the third and fourth the following content:
"the certificate of balance sheet accessory and cost of premises signed by the head and the chief accountant (the accountant or the other person performing conducting financial accounting according to the legislation) of the legal entity on whose balance the premises are - if creation of premises and (or) emergence of the rights of the legal entity on it are not registered in the single state register of real estate, the rights to it and transactions with it
the document, confirmatory that the construction of premises was performed at the expense of own and (or) borrowed funds of the individual entrepreneur, containing data on premises cost, - if creation of premises and (or) emergence of the right to it of the individual entrepreneur are not registered in the single state register of real estate, the rights to it and transactions with it";
in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of subitem 8.1.7:
add paragraph two with words "(if creation of the apartment house and (or) emergence of the rights to it are registered in the single state register of real estate, the rights to it and transactions with it)";
after paragraph two to add the column with paragraphs of the following content:
"the certificate of balance sheet accessory and cost of the apartment house signed by the head and the chief accountant (the accountant or the other person performing conducting financial accounting according to the legislation) of the legal entity on whose balance the premises are - if creation of the apartment house and (or) emergence of the rights of the legal entity on it are not registered in the single state register of real estate, the rights to it and transactions with it
the document, confirmatory that the construction of premises was performed at the expense of own and (or) borrowed funds of the individual entrepreneur, containing data on premises cost, - if creation of premises and (or) emergence of the right to it of the individual entrepreneur are not registered in the single state register of real estate, the rights to it and transactions with it";
the third or fifth to consider paragraphs respectively paragraphs the fifth or seventh;
the fifth after the word of "owners" to add the paragraph with words "(persons applying for emergence of the property right)";
in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.1:
after the paragraph of the sixth to add the column with paragraphs of the following content:
"the copy of the judgment about recognition of the empty or shabby house ownerless and its transfer to property of administrative and territorial unit - in case of state registration of emergence of the right, restriction (encumbrance) of the right to the parcel of land on which such empty or shabby house is located
the copy of the judgment about withdrawal at the owner of the shabby house by the redemption administrative and territorial unit or transfers to the relevant executive committee for sale - in case of state registration of emergence of the right, restriction (encumbrance) of the right to the parcel of land on which such shabby house is located";
to consider paragraphs of the seventh and eighth respectively paragraphs the ninth and tenth;
in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.2:
after the paragraph of the eleventh to add the column with paragraphs of the following content:
"the copy of the judgment about recognition of the empty or shabby house ownerless and its transfer to property of administrative and territorial unit - in case of state registration of origin or the termination of the right of permanent or temporary use by the parcel of land on which such empty or shabby house is located
the copy of the judgment about withdrawal at the owner of the shabby house by the redemption administrative and territorial unit or transfers to the relevant executive committee for sale - in case of state registration of origin or the termination of the right of permanent or temporary use by the parcel of land on which such shabby house is located";
the twelfth and thirteenth to consider paragraphs respectively paragraphs the fourteenth and fifteenth;
in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.4:
after the paragraph of the fifth to add the column with paragraphs of the following content:
"the document confirming money transfer for the redeemed parcel of land (the payment order, other document) - in case of state registration of the termination of the right of private property to the parcel of land withdrawn for the state needs in connection with the redemption of such site
the copy of the judgment about recognition of the empty or shabby house ownerless and its transfer to property of administrative and territorial unit - in case of state registration of the termination of existence of the parcel of land on which such empty or shabby house, the terminations of the right, restriction (encumbrance) of the right to this parcel of land was located
the copy of the judgment about withdrawal at the owner of the shabby house by the redemption administrative and territorial unit or transfers to the relevant executive committee for sale - in case of state registration of the termination of existence of the parcel of land on which such shabby house, the terminations of the right, restriction (encumbrance) of the right to this parcel of land was located (in the presence of such decision)";
to consider the paragraph of the sixth the paragraph the ninth;
in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.6:
after the paragraph of the fourteenth to add the column with the paragraph of the following content:
"the judgment about agreement cancelation of lease of the parcel of land and the termination of the right of lease on it - in case of state registration of the termination of the right of lease based on the judgment";
the fifteenth and sixteenth to consider paragraphs respectively paragraphs the sixteenth and seventeenth;
state Item 17.28 in the following edition:
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"17:28. State registration of the creation or the termination of existence of the real estate unit recognized ownerless and transferred to the possession of administrative and territorial unit or which is part of escheated inheritance, or the shabby house withdrawn from the owner by its redemption by administrative and territorial unit or transfers to local executive committee for sale at auction or without its carrying out, either origin, or transition, or the termination of the right, restriction (encumbrance) of the right to such real estate units |
territorial organization for state registration |
the statement containing identification data |
5 working days, in case of making of registration actions concerning the real estate units located in the territory of more than one registration district – 7 working days, in case of making of registration actions in the accelerated procedure – 2 working days, in case of making of registration actions quickly if the application for state registration is submitted at least in two hours prior to the termination of the working hours established in the organization, – 1 working day (it is not applied in case of making of registration actions to the real estate units located in the territory of more than one registration district), in case of request of documents and (or) data from other state bodies, other organizations – 1 mesyats40 |
it is termless |
2,5 of basic size – for state registration of one object state registratsii13 |
in Item 17.73:
state the column "Term of Implementation of Ministerial Procedure" in the following edition:
"3 working days";
state the column "The Amount of the Payment Levied when Implementing Ministerial Procedure" in the following edition:
"0,3 of basic size";
in Item 17.74:
to add the column "The Amount of the Payment Levied when Implementing Ministerial Procedure" after paragraph one with the paragraph of the following content:
"0,2 of basic size - for introduction of corrections concerning capital structure in connection with state registration of change of the isolated room located in it or parking places based on its superstructure, extension, reorganization or re-planning";
paragraphs two and third to consider respectively paragraphs the third and fourth;
2.2. in part two of Item 5 of the Regulations on procedure for inspection of condition of the apartment, blocked and single-family apartment houses and their house adjoining territories, apartments in the apartment and blocked apartment houses, recognitions their not conforming to the health and technical requirements established for accommodation and decision making about their recovery for proper use, or about transfer in non-residential, or about demolition of apartment houses the, unsuitable for accommodation, approved by the resolution of Council of Ministers of the Republic of Belarus of March 28, 2013 No. 221 (The national legal Internet portal of the Republic of Belarus, 02.04. 2013, 5/37061), the words "and data" shall be replaced with words "(concerning registered in the single state register of real estate, the rights to it and transactions with it of apartment houses, apartments) and data".
3. Recognize invalid:
the resolution of Council of Ministers of the Republic of Belarus of March 31, 2006 No. 433 "About approval of form of the register of accounting of the empty houses which are in the rural zone, and Regulations on procedure for maintaining the register of accounting of the empty houses which are in the rural zone" (The national register of legal acts of the Republic of Belarus, 2006, No. 55, 5/22117);
the resolution of Council of Ministers of the Republic of Belarus of April 27, 2006 No. 559 "About approval of the Regulations on procedure for publication of the data on the empty apartment houses which are subject to inclusion in the register of accounting of the empty houses, being in the rural zone" (The national register of legal acts of the Republic of Belarus, 2006, No. 71, 5/22248);
the resolution of Council of Ministers of the Republic of Belarus of June 30, 2012 No. 608 "About measures for implementation of the Presidential decree of the Republic of Belarus of February 23, 2012 No. 100" (The national legal Internet portal of the Republic of Belarus, 10.07. 2012, 5/35922).
4. This resolution becomes effective since December 7, 2018, and in the part concerning work with the empty and shabby houses located in the cities of regional subordination and Minsk - since March 7, 2019.
Prime Minister of the Republic of Belarus
S. Rumas
Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 6, 2018 No. 878
1. This Provision determines procedure for publication of data on the empty houses which are subject to inclusion in the register of the empty houses and also about the shabby houses included in the register of shabby houses (further if other is not provided, – publication of data).
The terms applied in this Provision are used in the values determined in the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357 "About the empty and shabby houses".
2. District, city (the cities of regional subordination) executive committees, local administrations of the area in Minsk (further - local executive and administrative organs) provide publication of data on the empty house if:
the owners, including the heirs who accepted inheritance, but did not draw up the right to the apartment house in the procedure established by the legislation (further if other is not provided, - the owner), it is unknown at home;
the place of the actual accommodation or the location of the owner, the other persons specified in the conclusion of the commission on inspection of condition of the apartment houses located in the territory of the corresponding administrative and territorial unit, the area in Minsk is unknown (further - the conclusion);
the owner, other persons specified in the conclusion refused receipt of the notice on the forthcoming inclusion of the apartment house in the register of the empty houses.
Publication of data on the empty house is performed:
along with the appeal to territorial authority of internal affairs with request about establishment of the place of the actual accommodation or the location of the owner if it is unknown or the place of its actual accommodation or the location, and (or) with request is unknown of establishment of the place of the actual accommodation or the location of other persons specified in the conclusion;
within fifteen working days from the date of refusal of the owner specified in the conclusion of other persons from receipt of the notice on the forthcoming inclusion of the apartment house in the register of the empty houses.
3. Concerning the shabby house publication of data is performed if:
the owner of the house is unknown;
the place of the actual accommodation or the location of the owner is unknown;
the owner refused receipt of the instruction about recovery of the shabby house for the purpose of proper use or demolition or about the address with the statement for receipt of permission to reconstruction.
Publication of data on the shabby house is performed:
along with the appeal to territorial authority of internal affairs with request about establishment of the place of the actual accommodation or the location of the owner if it is unknown or the place of its actual accommodation or the location is unknown;
within fifteen working days from the date of refusal of the owner of receipt of the instruction about recovery of the shabby house for the purpose of proper use or demolition or about the address with the statement for receipt of permission to reconstruction.
4. The local executive and administrative organ provides publication of data concerning the empty or shabby houses located in the territory of the corresponding administrative and territorial unit, the area in Minsk in periodic printing editions (the republican and (or) local printing edition) and (or) other mass media, and also on the official site on the global computer Internet.
5. Data are subject to publication:
about the location of the apartment house;
about persons to whom this house belongs on the property right including the heirs who accepted inheritance, but did not draw up the right to the apartment house in the procedure established by the legislation, economic maintaining or operational management, the other persons having right of possession and uses of this house (the information about such persons which is available for local executive and administrative organ on the date of publication is specified);
about not accommodation term in the apartment house of the owner, the other persons having right of possession and uses of this house (in the presence of the information about them);
about the tax discharge on the real estate, the land tax, introduction of payment for housing and communal services, expense recovery for the electric power, fulfillment of requirements of the legislation on compulsory insurance of the structures belonging to citizens;
about the sizes of the apartment house, and also its area (in the presence of the information about her);
about date of commissioning of the apartment house (in the presence of such data);
about material of walls;
about number of storeys;
about underground number of storeys (in the presence of such data);
about components and accessories of the apartment house, including economic and other constructions, and degree of their depreciation;
about finding of the apartment house in critical condition or threat of its collapse, including information on whether it is consequence of emergency situations of natural and technogenic nature, fighting and acts of terrorism;
about the parcel of land, including its area, type of the right on which the parcel of land is provided, restrictions (encumbrances) of the rights to it (in the presence of such data);
other data if necessary.
On the website of local executive and administrative organ also the photo of the apartment house is subject to publication.
6. In case of publication of data by local executive and administrative organ also bringing to data of interested is provided:
concerning the apartment houses corresponding to criteria empty, - about need of representation by persons having right of possession and uses of such house within one month from the date of publication of information about him in district, city (the cities of regional subordination) executive committees, local administration of the area in Minsk or city (the cities of district subordination), settlement, rural executive committees in the location of the apartment house of the notification on intention to use the apartment house for accommodation in the form established by the legislation;
concerning shabby houses - about date of inclusion of the shabby house in the register of shabby houses and need within year from this date of recovery of the shabby house for the purpose of proper use or demolition or the address to six-months term to local executive and administrative organ with the statement for receipt of permission to reconstruction of the apartment house;
contact information of local executive and administrative organ (the postal address, phone number, the e-mail address) and the official of this body responsible for work with the empty and shabby houses (surname, initials, phone number).
7. Financing of expenses on publication of data is performed at the expense of means of local executive and administrative organs.
Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 6, 2018 No. 878
1. This Provision determines procedure for maintaining registers of the empty houses and registers of shabby houses.
The terms applied in this Provision are used in the values determined in the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357.
2. District, city (the cities of regional subordination) executive committees, local administrations of areas in Minsk keep in electronic form and if necessary on papers registers of the empty houses in form according to appendix 1 and registers of shabby houses in form according to appendix 2.
3. Record about each apartment house, the apartment in the blocked apartment house (further if other is not provided, - the apartment house), the empty houses included in the register or register of shabby houses, is brought in chronological procedure.
4. After acceptance district, city (the cities of regional subordination) executive committee, local administration of the area in Minsk decisions on inclusion of the empty house or the shabby house respectively in the register of the empty houses or the register of shabby houses are filled in with the authorized officer of this executive and administrative organ all columns of form of the register.
In case of absence in local executive and administrative organ of information which is subject to specifying in the corresponding column of the register, in this column if other is not provided by this Provision, the words "There Are No Data" are specified, and in case of absence at subject of the corresponding characteristics - the sign "-" is specified (crossed out section).
Information concerning the apartment house, the parcel of land on which it is located and persons having right of possession and uses of the apartment house is entered in the corresponding registers according to the conclusion of the commission on inspection of condition of the apartment houses located in the territory of the corresponding administrative and territorial unit, the area in Minsk.
When filling registers the following data are subject to specifying:
in the column "Number of Record" - sequence number of record about the empty or shabby house in the corresponding register;
in the column "The Name of Administrative and Territorial Unit, the Area in Minsk" - the name of administrative and territorial unit, the area in Minsk in the territory of which the empty or shabby house included in the corresponding register is located;
in the column "Category of Element of Street Road Net" - short designation of category of element of street road net (the avenue, the street, the lane and so on). This column is not filled in if in the rural settlement there are no elements of street road net;
in the column "Name of Element of Street Road Net" - the name of element of street road net. This column is not filled in if in the rural settlement there are no elements of street road net;
in the column "House number" - number of the apartment house;
in the column "Number of Building (in the Presence)" - number of the case of the apartment house (in the presence);
in the column "House Number Index (in the Presence)" - index of number of the apartment house (in the presence);
in the column "Number of the Apartment in the Blocked Apartment House" - number of the apartment in the blocked apartment house in case of inclusion in the register of the empty houses or the register of shabby houses directly apartments in the blocked apartment house;
in the column "Index of Number of the Apartment in the Blocked Apartment House (in the Presence)" - index of number of the apartment in the blocked apartment house (in the presence) in case of inclusion in the register of the empty houses or the register of shabby houses directly apartments in the blocked apartment house;
in the column "The Address of the Apartment House Located out of the Settlement" - the address of the apartment house located out of the settlement (in roadside strip (controlled area) of the highway, strip of withdrawal of the railroad, outside roadside strips (controlled areas) of highways and strips of withdrawal of the railroads and other);
in the column "Accession number" - accession number of the apartment house according to the single state register of real estate, the rights to it and transactions with it (further - the register of the real estate), and in case of inclusion in the register of the empty houses or the register of shabby houses of the apartment in the blocked apartment house - accession number of such apartment;
in the column "Date of State Registration in the Single State Register of Real Estate, the Rights to It and Transactions with It" - date state registration of creation of the empty or shabby house in the register of the real estate, and in case of inclusion in the register of the empty houses or the register of shabby houses of the apartment in the blocked apartment house - date of state registration of creation of such apartment;
in the column "Area of the Apartment House" - total area of the apartment house, and in case of inclusion in the register of the empty houses or the register of shabby houses of the apartment in the blocked apartment house - the area of such apartment. The area is specified in square meters to within one sign after comma;
in the column "Size" - the outside size of the apartment house in meters to within one sign after comma;
in the column "Date of Input" - approval date of the acceptance act of object in operation;
in the column "Appointment" - appointment included in the register of the empty houses or the register of shabby houses of the real estate unit according to single classification of purpose of real estate units;
in the column "Material of Walls" - material of outside walls of the apartment house;
in the column "Number of storeys" - the number of all elevated floors which are among technical mansard and land socle (if the top of its overlapping is above planning mark of the earth on 2 m and more) floors. The attic in case of determination of number of storeys of structure is not considered;
in the column "Underground Number of Storeys" - the number of levels in the cellar;
in the column "Name" - the name included in the register of the empty houses or the register of shabby houses of the real estate unit according to technical data sheet;
in the column "Components and Accessories (including Economic and Other Constructions), Degree of Their Depreciation" - the main structure, its parts located out of initial contour of its main outside walls (extension, superstructure), economic constructions (sheds, baths, garages (individual use), canopies, domestic constructions and other similar constructions, and also degree of depreciation of each of components and accessories;
in the column "Cadastral Number of the Parcel of Land" - cadastral number of the parcel of land according to the register of the real estate;
in the column "Type of the Right to the Parcel of Land" - the name of type of the right to the parcel of land on which the parcel of land is provided, according to data of the register of the real estate;
in the column "Date of State Registration of the Parcel of Land in the Single State Register of Real Estate, the Rights to It and Transactions with It" - date state registration of creation of the parcel of land in the register of the real estate;
in the column "Restrictions (Encumbrance) of the Rights to the Parcel of Land" - data on availability of restrictions (encumbrances) of the rights to the parcel of land according to data of the register of the real estate, and also their description;
in the column "Area of the Parcel of Land" - the area of the parcel of land in hectares according to data of the register of the real estate;
in the column "Purpose of the Parcel of Land" - purpose of the parcel of land according to data of the register of the real estate;
in the column "Name/surname, Own Name, Middle Name (if That Is Available)" - data on full name of the legal entity, surname known to local executive and administrative organ, own name, middle name (if that is available) physical person;
in the column "Basis for Ownership and Use of the Apartment House" - the stipulated by the legislation basis for emergence of right of possession and use of the apartment house (accessory of the apartment house on the property right, members, the former members of the family of the owner of the apartment house who are granted right of possession and uses of the apartment house, availability of the employment contract, contract of the perpetual maintenance with dependence, testamentary refusal and other stipulated by the legislation bases);
in the column "Not Accommodation Term in the Apartment House" - period of time during which persons having right of possession and uses of the apartment house do not live in it;
in the column "State/nationality" - state in which the legal entity, or nationality of physical person is registered;
in the column "Share in the Right" - share in the right of common ownership in the form of the proper simple fraction (for example, "1/2");
in the column "Registration Number in the Single State Register of Legal Entities and Individual Entrepreneurs / the Identity Document" - registration number in the Single state register of legal entities and individual entrepreneurs (for the legal entity), the identity document (for physical person), series (in the presence) and document number, the physical person proving the identity, the name of the state body which issued it and date of issue;
in the column "Accounting Number of the Payer / Identification Number" - accounting number of the payer (for the legal entity), identification number of the citizen;
in the column "Address" - all known residential addresses and the locations of person having right of possession and uses of the apartment house;
in the tables "The Basis of Inclusion of the Apartment House in the Register of the Empty Houses" and "Basis of Inclusion of the Apartment House in the Register of Shabby Houses":
in the column "Name of the Document" - the decision of local executive and administrative organ on inclusion of the apartment house respectively in the register of the empty houses or the register of shabby houses;
in the column "Date" - decision date of local executive and administrative organ about inclusion of the apartment house respectively in the register of the empty houses or the register of shabby houses;
in the column "Number" - number of the decision of local executive and administrative organ on inclusion of the apartment house respectively in the register of the empty houses or the register of shabby houses;
in the column "Date of Entering of Record into the Register" - date of introduction of record about the empty or shabby house respectively in the register of the empty houses or the register of shabby houses;
in the column "The Name of Position, Surname, Initials of Person Who Made Record, and Its Signature" - the name of position, surname, initials of the authorized person district, city (the cities of regional subordination) executive committee, local administration of the area in Minsk which made record concerning the empty or shabby house respectively in the register of the empty houses or the register of shabby houses, and its sign manual (if maintaining the corresponding register is performed on paper) or the digital signature (if maintaining the corresponding register is performed in electronic form);
in the column "Note" - additional data according to the solution of the authorized person of the local executive and administrative organ entering records in the register of the empty houses or the register of shabby houses;
in the column "Entering of Corrections into the Register" - essence of the entered corrections in the register of the empty houses or the register of shabby houses, the basis of introduction of corrections and date of introduction of corrections. This column is filled in in case of entering of corrections into the corresponding registers;
in the tables "The Basis of Exception of the Apartment House of the Register of the Empty Houses" and "Basis of Exception of the Apartment House of the Register of Shabby Houses":
in the column "Name of the Document" - the name of the document based on which the apartment house is excluded respectively from the register of the empty houses or the register of shabby houses (the decision of local executive and administrative organ, the judgment (in the presence);
in the column "Date" - decision date of local executive and administrative organ about exception of the apartment house respectively from the register of the empty houses or the register of shabby houses, decision date of court (in the presence);
in the column "Number" - number of the decision of local executive and administrative organ on exception of the apartment house respectively from the register of the empty houses or the register of shabby houses, number of the judgment (in the presence);
in the column "Date of Entering of Record into the Register" - date of introduction of record about the empty or shabby house respectively in the register of the empty houses or the register of shabby houses.
5. Data empty and the register of shabby houses are introduced in the register no later than 2 working days after emergence of the bases for introduction of the corresponding records (adoption by local executive and administrative organ of the decision on inclusion of the apartment house in the register of the empty houses or the register of shabby houses or about its exception of the register of the empty houses or the register of shabby houses, entry into force of the relevant decision of court and another).
6. Corrections are brought in the register of the empty houses and the register of shabby houses by filling of the column "Entering of Corrections into the Register" in which are specified essence of the made corrections, the basis and date of introduction of corrections.
7. Reliability of the data included by the authorized person district, city (the cities of regional subordination) executive committee, local administration of the area in Minsk in the register of the empty houses and the register of shabby houses which are kept in electronic form is confirmed by its digital signature, and on paper - the sign manual.
8. The authorized person of local executive and administrative organ entering records in the register of the empty houses and the register of shabby houses bears responsibility for reliability of the data entered in them according to the legislation.
Information included in the registers specified in part one of this Item shall be stored and be processed in the conditions providing prevention of plunder, loss, misstatement and counterfeit of information (its carriers).
9. Data from registers of the empty houses and registers of shabby houses, except for personal data and other information, distribution and (or) provision of which is limited, no later than 2 working days from the date of their entering into the corresponding registers are subject to placement district, city (the cities of regional subordination) executive committees, local administrations of areas in Minsk in open access on the official sites on the global computer Internet.
In case of entering into the registers of corrections specified into parts one of this Item no later than 2 working days from the date of their introduction information posted on the official site of local executive and administrative organ on the global computer Internet is subject to refining.
10. Access to the data from registers of the empty houses and registers of shabby houses placed on the global computer Internet is open and free.
11. Documents based on which data are entered in the register of the empty houses and the register of shabby houses are stored in accounting case of the respective empty or shabby house.
to Regulations on procedure for maintaining the registers which are empty and registers of shabby houses
Form
The register of the empty houses
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Number of record |
The name of administrative and territorial unit, the area in Minsk | ||||||||||||
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The address of the apartment house located in the settlement | |||||||||||||
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Category of element of street road net |
Name of element of street road net |
House number |
Number of building (in the presence) |
House number index (in the presence) |
Number of the apartment in the blocked apartment house |
Index of number of the apartment in the blocked apartment house (in the presence) | |||||||
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The address of the apartment house located out of the settlement |
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Accession number |
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Date of state registration in the single state register of real estate, the rights to it and transactions with it |
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Area of the apartment house |
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Size |
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Date of input |
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Appointment |
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Material of walls |
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Number of storeys |
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Underground number of storeys |
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Name |
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Components and accessories (including economic and other constructions), degree of their depreciation |
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Data on the parcel of land | |||||||||||||
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Cadastral number of the parcel of land |
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Type of the right to the parcel of land |
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Date of state registration of the parcel of land in the single state register of real estate, the rights to it and transactions with it |
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Restrictions (encumbrance) of the rights to the parcel of land |
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Area of the parcel of land |
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Purpose of the parcel of land |
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Persons having right of possession and uses of the apartment house | |||||||||||||
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Name/surname, own name, middle name (if that is available) |
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Name/surname, own name, middle name (if that is available) |
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Basis for ownership and use of the apartment house |
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Basis for ownership and use of the apartment house |
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Not accommodation term in the apartment house |
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Not accommodation term in the apartment house |
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State/nationality |
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State/nationality |
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Share in the right |
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Share in the right |
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Registration number in the Single state register of legal entities and individual entrepreneurs / the identity document |
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Registration number in the Single state register of legal entities and individual entrepreneurs / the identity document |
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Accounting number of the payer / identification number |
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Accounting number of the payer / identification number |
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Address |
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Address |
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Name/surname, own name, middle name (if that is available) |
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Name/surname, own name, middle name (if that is available) |
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Basis for ownership and use of the apartment house |
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Basis for ownership and use of the apartment house |
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Not accommodation term in the apartment house |
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Not accommodation term in the apartment house |
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State/nationality |
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State/nationality |
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Birth date |
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Birth date |
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Share in the right |
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Share in the right |
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Registration number in the Single state register of legal entities and individual entrepreneurs / the identity document |
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Registration number in the Single state register of legal entities and individual entrepreneurs / the identity document |
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Accounting number of the payer / identification number |
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Accounting number of the payer / identification number |
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Address |
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Address |
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The basis of inclusion of the apartment house in the register of the empty houses | |||||||||||||
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Name of the document |
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Date of entering of record into the register | ||||||||||
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The name of position, surname, initials of person who made record, and its signature |
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Note |
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Entering of corrections into the register |
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The name of position, surname, initials of person who made record, and its signature |
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The basis of exception of the apartment house of the register of the empty houses | |||||||||||||
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Name of the document |
Date |
Number |
Date of entering of record into the register | ||||||||||
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The name of position, surname, initials of person who made record, and its signature |
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Note |
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to Regulations on procedure for maintaining the registers which are empty and registers of shabby houses
Form
Register of shabby houses
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Number of record |
The name of administrative and territorial unit, the area in Minsk | |||||||||||||
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The address of the apartment house located in the settlement | ||||||||||||||
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Category of element of street road net |
Name of element of street road net |
House number |
Number of building (in the presence) |
House number index (in the presence) |
Number of the apartment in the blocked apartment house |
Index of number of the apartment in the blocked apartment house (in the presence) | ||||||||
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The address of the apartment house located out of the settlement |
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Accession number |
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Date of state registration in the single state register of real estate, the rights to it and transactions with it |
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Area of the apartment house |
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Size |
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Date of input |
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Appointment |
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Material of walls |
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Number of storeys |
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Underground number of storeys |
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Name |
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Components and accessories (including economic and other constructions), degree of their depreciation |
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Data on the parcel of land | ||||||||||||||
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Cadastral number of the parcel of land |
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Type of the right to the parcel of land |
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Date of state registration of the parcel of land in the single state register of real estate, the rights to it and transactions with it |
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Restrictions (encumbrance) of the rights to the parcel of land |
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Area of the parcel of land |
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Purpose of the parcel of land |
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Persons having right of possession and uses of the apartment house | ||||||||||||||
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Name/surname, own name, middle name (if that is available) |
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Name/surname, own name, middle name (if that is available) |
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Basis for ownership and use of the apartment house |
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Basis for ownership and use of the apartment house |
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Not accommodation term in the apartment house |
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Not accommodation term in the apartment house |
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State/nationality |
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State/nationality |
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Birth date |
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Birth date |
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Share in the right |
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Share in the right |
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Registration number in the Single state register of legal entities and individual entrepreneurs / the identity document |
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Registration number in the Single state register of legal entities and individual entrepreneurs / the identity document |
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Accounting number of the payer / identification number |
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Accounting number of the payer / identification number |
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Address |
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Address |
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Name/surname, own name, middle name (if that is available) |
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Name/surname, own name, middle name (if that is available) |
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Basis for ownership and use of the apartment house |
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Basis for ownership and use of the apartment house |
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Not accommodation term in the apartment house |
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Not accommodation term in the apartment house |
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State/nationality |
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State/nationality |
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Birth date |
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Birth date |
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Share in the right |
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Share in the right |
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Registration number in the Single state register of legal entities and individual entrepreneurs / the identity document |
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Registration number in the Single state register of legal entities and individual entrepreneurs / the identity document |
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Accounting number of the payer / identification number |
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Accounting number of the payer / identification number |
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Address |
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Address |
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Basis of inclusion of the apartment house in the register of shabby houses | ||||||||||||||
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Name of the document |
Date |
Number |
Date of entering of record into the register | |||||||||||
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The name of position, surname, initials of person who made record, and its signature |
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Note |
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Entering of corrections into the register |
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The name of position, surname, initials of person who made record, and its signature |
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Basis of exception of the apartment house of the register of shabby houses | ||||||||||||||
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Name of the document |
Date |
Number |
Date of entering of record into the register | |||||||||||
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The name of position, surname, initials of person who made record, and its signature |
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Note |
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Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 6, 2018 No. 878
1. This Provision establishes procedure for the organization and holding auctions for sale of the empty and shabby houses, and also procedure for their sale without holding auctions (further – direct sale) according to the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357 "About the empty and shabby houses".
The terms applied in this Provision are used in the values determined in the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357.
The this provision regulations regulating procedure for the organization and the holding auctions for sale of the empty and shabby houses recognized ownerless and transferred to the possession of administrative and territorial unit and procedure for their sale without holding auctions are applied also to the apartment houses which are part of escheated inheritance, including not being the empty or shabby houses, the carried-over administrative and territorial units.
2. The decisions accepted by local executive committees according to this Provision are appealed judicially.
3. The auction for sale of the empty and shabby houses recognized ownerless and transferred to the possession of administrative and territorial unit is open, the payment for participation in it is not levied.
4. Subject of auction for sale of the empty and shabby houses recognized ownerless and transferred to the possession of administrative and territorial unit are:
the one-apartment and blocked apartment houses recognized ownerless and transferred to the possession of administrative and territorial unit (further if other is not provided, - apartment houses of the state housing stock), including creation of which is not registered in accordance with the established procedure in the single state register of real estate, the rights to it and transactions with it (further - the register of the real estate);
the apartments in the blocked apartment houses recognized ownerless and transferred to the possession of administrative and territorial unit which creation is registered in accordance with the established procedure in the register of the real estate.
5. Citizens of the Republic of Belarus, foreign citizens, stateless persons (further if other is not provided, – citizens), individual entrepreneurs and legal entities if other is not established by legal acts or international treaties of the Republic of Belarus can be participants of auction for sale of the empty and shabby houses recognized ownerless and transferred to the possession of administrative and territorial unit.
If other is not established by legal acts, participation on the party of the buyer of the consolidated participants – two and more citizens, individual entrepreneurs, legal entities is allowed.
For the purpose of participation in auction as the consolidated members of person, specified in part two of this Item, sign the agreement on joint participation in auction in which determine:
shares of the participation in acquisition of subject of auction;
the mutual rights and obligations on participation in auction;
the authorized person which will represent at auction of the agreement party about joint participation in auction to sign the protocol on results of auction (further – the authorized person);
condition that agreement parties about joint participation in auction bear joint liability according to the obligations connected with auction subject;
the maximum size of the price which the authorized person has no right to exceed with participation in auction.
The citizens, individual entrepreneurs and legal entities who signed the agreement on joint participation in auction issue to the authorized person the relevant powers of attorney.
6. In case of acceptance Minsk city, district, city (the cities of regional subordination) executive committee (further if other is not provided, - local executive committee) the decision on further use of the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit by its sale at auction, state registration concerning such empty and shabby house, the rights, restrictions (encumbrances) of the rights to it in the register of the real estate is not performed.
7. If creation of the parcel of land on which the apartment house of the state housing stock is located is not registered in accordance with the established procedure in the register of the real estate, the local executive committee within 5 working days from the date of decision making about further use of the apartment house of the state housing stock by its sale at auction gives to the organization for land management located in the corresponding territory, determined by the State committee on property from among the organizations subordinated to it and their affiliated enterprises (further – the organization for land management), the petition for forming of the parcel of land necessary for servicing of the apartment house of the state housing stock.
Decision making about withdrawal and provision of the parcel of land necessary for servicing of the apartment house of the state housing stock, state registration of creation of this parcel of land, emergence of the rights, restrictions (encumbrances) of the rights to it in the register of the real estate before holding the auction is not performed.
The parcel of land necessary for servicing of the sold apartment house of the state housing stock, is provided to the winner of auction or the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent without holding the auction according to the procedure, stipulated by the legislation about protection and use of lands taking into account the features established by the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357 and this Provision.
8. No later than 5 working days from the date of decision making about further use of the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit by its sale at auction, and in need of forming of the parcel of land - no later than 5 working days from the date of transfer by the organization for land management to local executive committee of materials of land management case on forming of the parcel of land the local executive committee submits the application with appendix of necessary documents to the territorial organization for state registration of real estate, the rights to it and transactions with it (further - the territorial organization for state registration) about evaluating market value of such house.
9. Starting price of the subject of auction for sale of the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit is established on its market value determined by the territorial organization for state registration.
10. Within 15 working days from the date of the receipt of the document of the territorial organization for state registration on assessment of market value of the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit, the local executive committee makes the decision on holding the auction selling the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit based on which the organization of auction and its carrying out is performed (further – the decision on holding the auction).
For the purpose of the organization and holding the auction selling the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit, the decision of local executive committee creates the commission on the organization and holding the auction (further if other is not provided, – the commission) or is determined the state organization for its carrying out authorized by it (further – the organization).
The commissions are included representatives of the structural divisions of local executive committee performing state powers of authority in the field of architectural, town-planning and construction activities, economic development, housing and communal services, structural divisions of land management, representatives of other structural divisions of local executive committee, and also other bodies and organizations.
By the organization for the purposes of holding the auction from among the workers the commission can be created.
The commission can be created, and the organization can be determined for holding one auction or for certain period, but no more than for one year.
11. Local executive committee:
determines sources of financing of actions for holding the auction;
performs collection and (or) preparation of necessary documents for auction subject sale by auction;
determines and approves in Belarusian rubles starting price of subject of auction, including in case of lowering of starting price of subject of auction;
ensures safety of the empty or shabby house during the period from the date of entry into force of the court decree about day of signing of the protocol on results of auction;
after holding the auction according to competence in use and protection of lands accepts directly or provides acceptance city (the cities of district subordination), settlement, rural executive committee in the location of the empty or shabby house of the decision on provision to the winner of auction or the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent, the parcel of land necessary for servicing of the empty or shabby house sold by auction, and in case of provision of such parcel of land on the lease right also concludes or provides the conclusion city (the cities of district subordination), settlement, rural executive committee of the lease agreement of the parcel of land.
12. Commission or organization:
adopts statements for participation in auction and other documents specified in Item 18 of this provision;
determines the place, date and time of the beginning and the end of reception of applications about participation in auction, the place, date and time of holding the auction and leading of its results;
provides access of the interested persons called in Item 5 of this provision to auction subject, including on the area;
will organize the publication of the notice on holding the auction (further – the notice) and in addition information on the announced tender and subject of auction (further – information on auction), messages on refusal of holding the auction;
appoints from the structure the auctioneer for holding the auction (further – the auctioneer) or involves the other person on the basis of the works agreement;
represents for acquaintance to participants of auction materials of land management case on forming of the parcel of land;
acquaints participants of auction with the conditions provided in the decision on holding the auction (in the presence of such conditions);
checks correctness of document creation for participation in auction, provided by citizens, individual entrepreneurs and legal entities;
determines and approves costs for the organization and holding the auction, including the expenses connected with production and provision to participants of auction of documentation necessary for its carrying out;
determines the amount of increase in the price of subject of auction (further – bid increment) which is established ranging from 5 to 15 percent from the previous price called by the auctioneer;
determines amount of deposit (to 20 percent from starting price of subject of auction) and other conditions of participation in auction;
establishes the size of the penalty paid by participants of auction according to part two of Item 18 of this provision and legal acts;
holds auction and draws up its results;
resolves disputes on procedure for holding the auction.
13. The commission has the right to make the decision on condition of presence at meeting at least two thirds of her members.
The decision of the commission is made by open voting of the members of the commission who are present at meeting, by a simple majority vote. In case of equality of votes the commission chairman has the right of casting vote. The decision of the commission is drawn up by the protocol which is signed by the members of the commission who were present at meeting and affirms the commission chairman.
14. The notice is subject to obligatory publication not later than 30 calendar days about day of holding the auction on the corresponding official sites of regional executive committees, the Minsk Gorispolkom and State committee on property on the global computer Internet.
Information on auction no later than 5 working days after publication of the notice in addition is subject to publication in the printing mass media determined by regional executive committees and the Minsk Gorispolkom.
Information on auction can be also posted on the corresponding official sites of local executive committees on the global computer Internet.
The information access, placed on the global computer Internet according to parts one both third this Item and part two of Item 15 of this provision, is provided to interested persons without collection of payment and the conclusion of the agreement.
The notice shall contain:
place, date, time and procedure for holding the auction;
the place, date, time of the beginning and the end of reception of applications about participation in auction and the documents attached to them;
cadastral number and the address of the parcel of land, its area, purpose of the parcel of land (if creation of the parcel of land is registered in the register of the real estate). If creation of the parcel of land is not registered in accordance with the established procedure in the register of the real estate, then in case of sale of the apartment house of the state housing stock also the area of the parcel of land according to land management case on forming of the parcel of land which without holding the auction will be provided to the winner of auction or the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent is specified;
the address and characteristics of the empty or shabby house (appointment, the area, number of storeys, including underground, material of walls, degree of depreciation and other), its components and accessories (economic and other constructions), degree of their depreciation, and concerning the objects registered in the register of the real estate also accession number;
starting price of subject of auction;
information on need of cost recovery on the organization and holding the auction, including the expenses connected with production and provision to participants of auction of documentation necessary for its carrying out, procedure and terms of their compensation;
the conditions provided in the decision on holding the auction (in case of their availability);
amount of deposit, term and procedure for its introduction, details of the current (settlement) bank account for money transfer and other conditions of participation in auction;
inspection routine on the area of subject of auction;
address and contact phone number of the commission or organization;
the list of documents which need to be provided to participants of auction till its beginning.
In information on auction are specified:
date of auction;
the address and characteristics of the empty or shabby house (appointment, the area, number of storeys, material of walls), its components and accessories (economic and other constructions), and concerning the objects registered in the register of the real estate also accession number;
starting price of subject of auction;
information on publication of the notice on the corresponding official sites of regional executive committees, the Minsk Gorispolkom and State committee on property on the global computer Internet with indication of e-mail addresses of the websites.
15. The local executive committee, the commission or the organization has the right to refuse holding the auction at any time, but not later than 3 working days before the appointed date of its carrying out what participants of auction are informed by the commission or the organization on. At the same time the sum of earnest money granted by participants of auction is subject to return within 5 working days from the date of refusal of local executive committee, the commission or the organization of holding the auction.
The message on refusal of holding the auction is published on the official sites of state bodies in the global computer Internet on which the notice was published.
16. The auction held after not productive, cancelled auction, cancellation of results of earlier held auction including with the subsequent lowering of starting price of subject of auction, is considered repeated.
The commission or the organization declares holding repeated auction in coordination with local executive committee.
Publication of the notice on holding repeated auction and information on auction is performed according to the procedure, established in Item 14 of this provision.
17. Repeated auctions are held in the same order, as the first auction.
At the same time starting price of sale at auction of the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit can be lowered according to the procedure, stipulated by the legislation.
18. For participation in auction the citizen, the individual entrepreneur and the legal entity personally or through the representative submit the application for participation in auction for the form established by the State committee on property with indication of auction subject to the time established in the notice, submit the document confirming introduction of sum of earnest money on the current (settlement) bank account specified in the notice with mark of bank and also sign with local executive committee or according to its order with the organization the agreement on the form established by the State committee on property.
The rights, obligations and responsibility of the parties in the course of preparation and holding the auction, including the size of the penalty paid shall be provided in the agreement:
the winner of auction who refused or evaded from signing of the protocol on results of auction and (or) cost recovery on the organization and holding the auction;
the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent in case of its refusal (evasion) of cost recovery on the organization and holding the auction;
the participants of auction who refused to announce the price for auction subject therefore the auction is acknowledged not productive according to part four of Item 27 of this provision.
Besides, are represented to the commission or the organization:
the citizen – the copy of the identity document, without notarial attestation;
the individual entrepreneur – the copy of the certificate on state registration of the individual entrepreneur without notarial attestation;
the representative of the citizen or the individual entrepreneur – the power of attorney which is drawn up according to requirements of the legislation;
the representative or the authorized officer of the legal entity of the Republic of Belarus – the power of attorney issued by the legal entity or the document confirming powers of the official, the copy of the documents confirming state registration of the legal entity without notarial attestation, the document with indication of bank details of the legal entity;
the representative or the authorized officer of the foreign legal entity – copies of constituent documents and the statement from the trade register of country of source (the statement shall be made within year before filing of application about participation in auction) or other equivalent proof of legal position according to the legislation of country of source with the transfer certified in accordance with the established procedure on Belarusian or Russian, the power of attorney or the document confirming powers of the official, the document on solvency issued by the servicing bank or other credit and financial organization with the transfer certified in accordance with the established procedure on Belarusian or Russian.
The documents constituted outside the Republic of Belarus according to the legislation of foreign state shall be legalized if other is not stipulated by the legislation.
In case of submission of documents the applicant (his representative) shows the identity document, and the head of the legal entity also the document confirming its powers.
The consolidated participants for participation in auction also the copy of the agreement on joint participation in auction without notarial attestation is submitted.
19. Persons which submitted to the commission or the organization in the terms specified in the notice the corresponding statement for participation in auction with application of documents, provided in Item 18 of this provision, and made deposit in the amount of, procedure and the terms determined in the notice, and also which signed the agreement are allowed to participation in auction.
The citizens, individual entrepreneurs and legal entities wishing to participate in auction concerning several objects of auctions make deposits in the amount of, established for each of these objects of auctions.
20. Reception of applications about participation in auction with appendix of the necessary documents provided in Item 18 of this provision comes to an end in the day and time specified in the notice established by the commission or the organization, but not earlier than before 3 working days before date of auction. The statements which arrived after fixed term are not considered. For receipts of the statement date of its logging of registration of statements about participation in auction is.
21. After receipt of the documents provided in Item 18 of this provision from the citizen, the individual entrepreneur and the legal entity the commission or the organization issues them tickets of participants of auction with indication of registration date of statements. Data on each participant of auction are entered in the book of registration of participants of auction.
22. The participant of auction has the right prior to the auction in writing to withdraw the application for participation in it. Absence of the participant of auction on auction is equated to written withdrawal of the statement for participation in auction. At the same time to the participant of auction within 5 working days from the date of holding the auction the amount of the deposit made by it returns.
The written withdrawal of the statement for participation in auction or absence of the participant of auction on auction is registered in the book of registration of participants of auction.
23. The information about participants of auction is not subject to disclosure, except cases, stipulated by the legislation.
24. Before the auction his participants shall be registered in the commission or the organization and to exchange tickets of participants of auction for auction numbers which return to the commission or the organization after the end of auction.
In case of registration of participants of auction the commission or the organization informs them on costs for the organization and holding the auction, including the expenses connected with production and provision to participants of auction of documentation necessary for its carrying out.
25. The auction is held in the place, the day and time specified in the notice.
26. The auction is held by the auctioneer in the presence of two or more participants of auction.
27. The auction begins the auctioneer of procedure for holding the auction, the characteristic of each subject of auction, the price of subject of auction and bid increment with the announcement. The first price of subject of auction announced by the auctioneer is determined according to bid increment.
The beginning of the biddings and sale of subject of auction for starting price are not allowed. If at the auction subject price announced by the auctioneer auction numbers were lifted by two participants of auction and more, the auctioneer announces new price of subject of auction according to bid increment. The auction continues until at the new price announced by the auctioneer auction number is not lifted only by one participant of auction. The auctioneer calls auction number of this participant, three times the final price and declares sale of subject of auction, and the participant of auction - the winner of auction concerning the corresponding subject of auction.
If two participants of auction also more agreed with the price announced by the auctioneer, but any of them did not agree with the following price announced by it, the auctioneer suggests participants of auction to announce the price which shall be above the final price with which participants of auction agreed. After the announcement the participant of auction of the price the auctioneer calls auction number of this participant and the price offered them. At the same time the price equal to the price offered by other participant of auction offered by the participant of auction is not accepted. Participants of auction announce the price until there is one participant who offered top price. The auctioneer calls auction number of this participant, the price three times offered them and in the absence of proposals of other participants of auction declares sale of subject of auction, and the participant of auction - the winner of auction for the corresponding subject of auction. If after the proposal of the auctioneer to participants of auction to announce the price only one of participants will announce the price, the auctioneer calls auction number of this participant, the price three times offered them and in the absence of proposals of other participants of auction declares sale of subject of auction, and the participant of auction - the winner of auction for the corresponding subject of auction. If any of participants of auction did not offer the price, the auction concerning the corresponding subject of auction is recognized not productive.
If two participants of auction also more agreed with the price announced by the auctioneer, but any of them did not agree with following declared him at the price of and after the proposal of the auctioneer to announce the price which shall be above the final price with which participants of auction agreed any of these participants did not offer the price therefore the auction is acknowledged not productive, these participants pay penalty according to the agreement.
28. The disputes which arose during the auction are permitted by the commission or the organization.
29. Results of auction in day of holding the auction are drawn up by the protocol which is constituted in triplicate, is signed by members of the commission and the winner of auction and on the same day affirms the commission chairman, and in case of holding the auction by the organization - is signed by the winner of auction and affirms the head of the organization (authorized by it person). No later than 1 working day from the date of approval of the protocol on results of auction three of its copies go to the relevant local executive committee. The copy of the protocol on results of auction is issued to the winner of auction in day of holding the auction.
30. In the protocol on results of auction are specified:
place and time of holding the auction;
auction subject;
information on local executive committee;
the address and characteristics of the empty or shabby house (appointment, the area, number of storeys, including underground, material of walls, degree of depreciation and other), its components and accessories (economic and other constructions), degree of their depreciation, and concerning the objects registered in the register of the real estate also accession number;
auction conditions (in the presence of such conditions);
winner of auction;
starting price of subject of auction;
auction subject selling price;
the term and details of the current (settlement) bank account for transfer by the winner of auction of payment for the empty or shabby house, the expense amounts connected with production and provision to participants of auction of documentation necessary for its carrying out;
the obligation of the winner of auction to address to the local executive and administrative organ authorized according to competence in use and protection of lands on decision making about withdrawal and provision of the parcel of land on which the auction subject is located within 10 working days after holding the auction with the statement for provision of the parcel of land and after adoption of the relevant decision by it – in accordance with the established procedure behind state registration concerning the parcel of land and subject of auction, and in case of provision of the parcel of land on the lease right also to sign the lease agreement of the parcel of land and to address for its state registration;
other data at the discretion of the commission or the organization.
31. Costs for the organization and holding the auction, including the expenses connected with production and provision to participants of auction of documentation necessary for its carrying out are compensated by the winner of auction. The amount of such compensation shall not exceed the amounts of actual costs on the organization and holding the auction, production of documentation necessary for its carrying out, and also to include costs on earlier held not productive, cancelled auctions in case of the repeated exposure of the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit to auction.
32. Sum of earnest money returns to participants of auction, except the cases provided by this Provision within 5 working days from the date of holding the auction. Sum of earnest money of the winner of auction is set off in case of payment of the cost of auction subject by it.
33. In case of recognition of auction cancelled the local executive committee returns to participants of auction the money deposited by them in the form of deposit within 5 working days from the appointed date of auction specified in the notice. Sum of earnest money of the single participant of the cancelled auction which expressed consent to acquisition of subject of auction for the starting price increased by 5 percent is set off in case of payment of the cost of auction subject by it.
34. Within 10 working days from the date of approval of the protocol on results of auction or the protocol on recognition of auction cancelled respectively the winner of auction or the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent shall:
bring payment for auction subject;
give to the local executive and administrative organ authorized according to competence in use and protection of lands on decision making about withdrawal and provision of the parcel of land on which the sold apartment house of the state housing stock, the statement for provision of the parcel of land is located.
No later than 10 working days after making by the winner of auction or the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent, the actions specified in part one of this Item local executive committee transfers it the copy of the judgment about recognition of the empty or shabby house ownerless and its transfer to property of administrative and territorial unit, one copy of the protocol on results of auction or about recognition of auction cancelled. The second copy of the protocol on results of auction or the protocol on recognition of auction cancelled joins materials of land management case on the parcel of land, third – is located in accounting case on this shabby house.
In time, the provided in part two of this Item, local executive and administrative organ authorized according to competence in use and protection of lands on decision making about withdrawal and provision of the parcel of land on which the sold apartment house of the state housing stock is located issues to the winner of auction or the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent, the statement from the decision on withdrawal and provision of the parcel of land and if the parcel of land is provided in lease, in the same time signs the lease agreement of the parcel of land.
35. In case of refusal or evasion of the winner of auction or the single participant of the cancelled auction which expressed consent to acquisition of subject of auction for the starting price increased by 5 percent from introduction of payment for subject of auction, cost recovery on the organization and holding the auction the deposit made by it to return is not subject.
36. In case of evasion of one of the parties from the conclusion of the lease agreement of the parcel of land other party has the right to take a legal action with the requirement about compulsion to sign the agreement, and also about indemnification, caused by evasion from its conclusion.
37. The auction concerning each subject of auction is recognized cancelled about what the commission or the organization constitute the protocol on recognition of auction cancelled if the application for participation in it is submitted only by one participant, or for participation in auction any application was not submitted, or on auction one of participants was, or any of participants was not on auction.
If the auction is acknowledged cancelled owing to the fact that the application for participation in it is submitted only by one participant or for participation in it only one participant was, the subject of auction is on sale to this participant in case of its consent at the initial price of subject of auction increased by 5 percent. The information about the single participant of cancelled auction, its consent or refusal to acquire auction subject, and also information provided in paragraphs the second or sixth and eighth or twelfth Item 30 of this provision is reflected in the protocol on recognition of auction cancelled.
The auction is recognized not productive concerning each subject of auction. The commission or the organization constitute the protocol on recognition of auction not productive if:
any of his participants after the triple announcement did not raise the first announced price auction number;
according to part three of Item 27 of this provision any of participants of auction did not offer the price for auction subject.
38. Results of auction are cancelled about what the commission or the organization constitute the protocol if the winner of auction at the scheduled time:
did not sign the protocol on results of auction;
did not bring payment for auction subject;
did not compensate costs for the organization and holding the auction, including the expenses connected with production and provision to participants of auction of documentation necessary for its carrying out.
At the same time the deposit made by the winner of auction is not subject to return.
39. The regulations regulating procedure for the organization and holding the auction selling the empty and shabby houses recognized ownerless and transferred to the possession of administrative and territorial unit taking into account the features established in this Chapter are applied to the organization and holding the auction selling the shabby houses withdrawn from the owner by their transfer to local executive committee for sale at auction.
40. Subject of auction are the shabby houses withdrawn from the owner according to the judgment by their transfer to local executive committee for sale at auction, including creation of which is not registered in the procedure established by the legislation in the register of the real estate (further if other is not provided, – the shabby houses withdrawn from the owner).
Concerning the shabby houses which are not registered in the register of the real estate withdrawn from the owner and the parcels of land necessary for their servicing, before holding the auction state registration of creation, emergence of the rights, restrictions (encumbrances) of the rights, and also forming of such parcel of land are not performed.
The notice is subject to obligatory publication not later than 30 calendar days about day of holding the auction in the printing mass media determined by Council of Ministers of the Republic of Belarus.
Information on auction no later than two working days after publication of the notice in addition is subject to publication on the corresponding official sites of local executive committees on the global computer Internet.
If necessary publication of information on auction can be performed in other mass media.
41. The Item is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 02.04.2020 No. 193
42. Starting price of subject of auction for sale of the shabby house withdrawn from the owner is established on its market value determined by the territorial organization for state registration according to the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357.
43. Within 15 working days from the date of entry into force of the judgment at the owner of the shabby house by its transfer to local executive committee for sale at auction the local executive committee makes the decision on holding the auction selling the shabby house withdrawn from the owner based on whom the organization of auction and its carrying out is performed on withdrawal.
44. Costs for the organization and holding the auction, including the expenses connected with production and provision to participants of auction of documentation necessary for its carrying out including expenses on evaluating market value of the shabby house withdrawn from the owner are compensated at the expense of the means obtained from sale of this shabby house.
The amount of such compensation includes all actual costs on the organization and holding the auction, production of documentation necessary for its carrying out, including expenses on evaluating market value of the shabby house, and also costs on earlier held not productive, cancelled auctions in case of repeated exposure of the shabby house withdrawn from the owner to auction.
45. Within 10 working days from the date of approval of the protocol on results of auction or the protocol on recognition of auction cancelled respectively the winner of auction or the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent shall:
bring payment for auction subject;
give to the local executive and administrative organ authorized according to competence in use and protection of lands on decision making about withdrawal and provision of the parcel of land on which the sold shabby house withdrawn from the owner, the statement for provision of the parcel of land is located.
No later than 10 working days after making by the winner of auction or the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent, the actions specified in part one of this Item local executive committee transfers it the copy of the judgment about withdrawal of the shabby house at the owner by transfer to the relevant local executive committee for sale at auction or without its carrying out, one copy of the protocol on results of auction or about recognition of auction cancelled. The second copy of the protocol on results of auction or the protocol on recognition of auction cancelled joins materials of land management case on the parcel of land, third – is located in accounting case of this shabby house.
In time, the provided in part two of this Item, local executive and administrative organ authorized according to competence in use and protection of lands on decision making about withdrawal and provision of the parcel of land on which the sold shabby house withdrawn from the owner is located issues to the winner of auction or the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent, the statement from the decision on withdrawal and provision of the parcel of land and if the parcel of land is provided in lease, in the same time signs the lease agreement of the parcel of land.
46. In case of refusal or evasion of the winner of auction or the single participant of the cancelled auction which expressed consent to acquisition of subject of auction for the starting price increased by 5 percent from introduction of payment for auction subject the deposit made by it to return is not subject.
47. If the winner of auction did not bring at the scheduled time payment for auction subject, results of auction are cancelled about what the commission or the organization constitute the protocol.
At the same time the deposit made by the winner of auction is not subject to return.
48. No later than 5 working days from the date of the adoption by local executive committee of the decision on further use of the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit by its direct sale, the local executive committee submits the application with appendix of necessary documents to the territorial organization for state registration on evaluating market value of such houses according to the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357.
49. State registration concerning the empty and shabby houses recognized ownerless and transferred to the possession of administrative and territorial unit, and also the shabby houses withdrawn from the owner (further if other is not provided, - the empty and shabby houses), the parcels of land necessary for their servicing, the rights, restrictions (encumbrances) of the rights to them, and also forming of the parcel of land necessary for servicing of the empty or shabby house, to the conclusion of the purchase and sale agreement with local executive committee are not performed.
50. Publication of information on direct sale of the empty or shabby house is performed in the periodic printing mass media and (or) other mass media determined regional and Minsk city by executive committees and also on the official sites of the relevant local executive committees on the global computer Internet and if necessary – in other mass media no later than 15 working days after:
the receipt of the document of the territorial organization for state registration on assessment of market value of the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit;
entries into force of the judgment about withdrawal at the owner of the shabby house by its transfer to local executive committee for sale by auction or without its carrying out – concerning the shabby house withdrawn from the owner if the local executive committee makes the decision on its direct sale.
51. The following data are subject to publication:
cadastral number and the address of the parcel of land, its area and purpose (if creation of the parcel of land is registered in the register of the real estate);
the address and characteristics of the empty or shabby house (appointment, the area, number of storeys, including underground, material of walls, degree of depreciation and other), its components and accessories (economic and other constructions), degree of their depreciation, and concerning the objects registered in the register of the real estate also accession number;
the price of the empty or shabby house corresponding to its market value determined by the territorial organization for state registration;
address and contact phone number of local executive committee;
the list of documents which need to be provided to the applicant for purchase, and term of their representation;
information that in case of receipt of two requests from applicants for purchase of the shabby or empty house its sale will be performed by results of auction.
The information access, placed on the global computer Internet according to Item 50 of this provision, is provided to interested persons without collection of payment and the conclusion of the agreement.
52. Direct sale of the empty or shabby house can be performed:
the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit - to persons specified in Item 5 of this provision;
the shabby house withdrawn from the owner - to persons specified in Item of 41 this provision.
53. The applicant for purchase of the shabby or empty house before the expiration of 30 calendar days from the date of publication of data on direct sale of the shabby or empty house represents personally or through the representative to local executive committee the following documents:
the request in the form approved by the State committee on property;
the citizen - the copy of the identity document, without notarial attestation;
the citizen's representative - the power of attorney which is drawn up according to requirements of the legislation;
the individual entrepreneur - the copy of the certificate on state registration without notarial attestation;
the representative or the authorized officer of the legal entity of the Republic of Belarus - the power of attorney issued by the legal entity or the document confirming powers of the official, the copy of the documents confirming state registration of the legal entity without notarial attestation, the document with indication of bank details of the legal entity;
the representative or the authorized officer of the foreign legal entity - copies of constituent documents and the statement from the trade register of country of source (the statement shall be made within year before application) or other equivalent proof of legal position according to the legislation of country of source with the transfer certified in accordance with the established procedure on Belarusian or Russian, the power of attorney or the document confirming powers of the official, the document on solvency issued by the servicing bank or other credit and financial organization with the transfer certified in accordance with the established procedure on Belarusian or Russian.
The documents constituted outside the Republic of Belarus according to the legislation of foreign state shall be legalized if other is not stipulated by the legislation.
54. The applications submitted to local executive committee are subject to registration according to the procedure, established by local executive committee.
55. No later than 10 working days after the expiration of 30 calendar days from the date of publication of data on direct sale of the shabby or empty house the local executive committee makes the decision:
about sale of the empty or shabby house to the applicant for purchase in whom the buyer is specified, selling price of the empty or shabby house, the current (settlement) bank account on which the sum of money is subject to transfer, transfer term, and also obligation of the buyer after agreement signature of purchase and sale to address to the local executive and administrative organ authorized according to competence in use and protection of lands on decision making about withdrawal and provision of the parcel of land on which the sold house, with the statement for provision of the parcel of land necessary for its servicing, and circulation period which cannot be more than 1 month is located;
about refusal and about holding the auction on its sale – if before the expiration of 30 calendar days from the date of publication of data on direct sale of the empty or shabby house several applications from applicants for purchase are submitted applicants for purchase to local executive committee in direct sale of the empty or shabby house and concerning each of applicants there are no bases for refusal in alienation to it the empty or shabby house;
about lowering of starting price of the empty or shabby house according to the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357.
In case of receipt in local executive committee of the single request about acquisition of the empty or shabby house after 30 calendar days from the date of publication of data on direct sale of this empty or shabby house if the local executive committee does not make in accordance with the established procedure the decision on lowering of starting price of such empty or shabby house or on the choice of different way of its use, local executive committee sale of the empty or shabby house to such applicant for purchase at the price specified in the published data on direct sale of the empty or shabby house can be performed.
The decision on the choice of different way of their use can be made on the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit in case of lack of requests from applicants for purchase by local executive committee in the procedure established by the legislation.
56. The local executive committee makes the decision on refusal to the applicant for purchase of the empty or shabby house also if:
not all documents provided by this Provision are submitted;
the submitted documents do not conform to requirements of the legislation;
in case of alienation of the empty or shabby house to the applicant for purchase requirements of the legislation are violated.
57. The conclusion of the purchase and sale agreement of the empty or shabby house is performed taking into account the features established by the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357.
After agreement signature of purchase and sale of the empty or shabby house the local executive committee transfers to the buyer in the relation:
the empty or shabby house recognized ownerless and transferred to the possession of administrative and territorial unit - the copy of the judgment about recognition of this empty or shabby house ownerless and its transfer to property of administrative and territorial unit;
the shabby house withdrawn from the owner - the copy of the judgment about withdrawal of the shabby house at the owner by transfer to local executive committee for sale at auction or without its carrying out.
58. The property right to the empty or shabby house acquired based on the purchase and sale agreement signed with local executive committee arises at the buyer from the moment of state registration of origin or transition of the property right to it in the territorial organization for state registration.
State registration of the rights to the empty or shabby house based on the purchase and sale agreement is performed along with state registration of the rights to the parcel of land.
Risk of accidental death or accidental damage of the empty or shabby house, the right and obligation, connected with its content, right to use by it arise at the buyer of the empty or shabby house from the moment of signing of the delivery-acceptance certificate of the empty or shabby house.
59. The means received from alienation of the empty and shabby houses recognized ownerless and transferred to the possession of administrative and territorial unit are transferred into the corresponding local budgets.
Means from sale of the shabby house withdrawn from the owner less expenses on evaluating market value of the shabby house and publication of information about him are compensated to this owner of the shabby house.
Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 6, 2018 No. 878
1. This Provision determines procedure for compensation to the former owner of the empty or shabby house specified in part three of Item 16 of the Regulations on operating procedure with the empty and shabby houses approved by the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357, recognized ownerless and transferred to the possession of administrative and territorial unit (further if other is not provided, – the empty or shabby house), its costs in case of cancellation of the judgment about recognition of the empty or shabby house ownerless and its transfer to property of administrative and territorial unit (further – the judgment).
Cost recovery of the empty or shabby house is performed in cases if such house was taken down, transferred to non-residential fund, is reconstructed or concerning it other inseparable improvements * were made (further if other is not provided, – cost recovery of the empty or shabby house).
The terms applied in this Provision are used in the values determined in the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357.
______________________________
* Inseparable improvements for the purposes of this provision are understood as improvements which cannot be separated the house without harm for its appointment, except for the works referred according to the legislation to the works performed in case of running repair.
2. Cost recovery of the empty or shabby house to his former owner is performed from budget funds of administrative and territorial unit to which possession according to the judgment this house was transferred and if by the time of cancellation of the judgment or decision making about its demolition such house in accordance with the established procedure was gratuitously transferred to the possession of other administrative and territorial unit, - from means of the relevant budget.
3. The statement for cost recovery of the empty or shabby house moves his former owner personally or through the representative in district, city (the cities of regional subordination) executive committee, local administration of areas in Minsk in the territory of which the empty or shabby house is located (was located).
To the statement the former owner of the empty or shabby house attaches the following documents:
the citizen - the copy of the identity document, without notarial attestation;
the citizen's representative - the power of attorney which is drawn up according to requirements of the legislation;
the representative or the authorized officer of the legal entity of the Republic of Belarus - the power of attorney issued by the legal entity or the document confirming powers of the official, the copy of the documents confirming state registration of the legal entity without notarial attestation;
the representative or the authorized officer of the foreign legal entity - copies of constituent documents and the statement from the trade register of country of source (the statement shall be made within year before filing of application) or other equivalent proof of legal position according to the legislation of country of source with the transfer certified in accordance with the established procedure on Belarusian or Russian, the power of attorney or the document confirming powers of the official with the transfer certified in accordance with the established procedure on Belarusian or Russian;
the court decree about judgment cancellation.
4. If the empty or shabby house in accordance with the established procedure was gratuitously transferred to the possession of other administrative and territorial unit, local executive and administrative organ to which the former owner submits the application for cost recovery of the empty or shabby house, directs this application and documents attached to it no later than 5 working days from the date of their receipt to the local executive committee operating in the territory of administrative and territorial unit in which property the empty or shabby house is (was at the time of decision making about demolition).
5. To the former owner the sum of money corresponding to the cost of the empty or shabby house reflected in financial accounting on acceptance date of the empty or shabby house to financial accounting by local executive and administrative organ or the utility legal entity to whom this house was assigned on the right of economic maintaining or operational management, after the introduction of the judgment in force is subject to compensation.
6. In case of return to the former owner of the empty or shabby house which was reconstructed or concerning which other inseparable improvements, compensation by the former owner of cost of reconstruction or other made inseparable improvements to persons by whom these inseparable improvements of the empty or shabby house were made were made it is performed on the actual costs on its reconstruction or the made other inseparable improvements in it reflected in financial accounting.
7. Cost recovery of the empty or shabby house to the former owner shall be performed within a month from the date of submission of the corresponding statement by it, and in case of need request of additional data (documents) for determination of the amount which is subject to compensation - no later than 2 months from the date of filing of application by the former owner of the empty or shabby house.
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The document ceased to be valid since October 8, 2021 according to the Resolution of Council of Ministers of the Republic of Belarus of September 23, 2021 No. 547