DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of December 19, 2008 No. 24

About some questions of lease of capital structures (buildings, constructions), the isolated rooms, parking places

For the purpose of increase in efficiency of drawing into economic circulation of capital structures (buildings, constructions), the isolated rooms, parking places, and also enhancement of procedure for the conclusion of lease agreements, the sublease of real estate, free use by it and according to part three of article 101 of the Constitution of the Republic of Belarus:

1. Determine that:

1.1. lease agreements, subleases of capital structures (buildings, constructions), the isolated rooms, parking places (further - real estate) consist according to the procedure, stipulated by the legislation, including taking into account requirements of this Decree, for the term of at least three years. The conclusion of such contracts for term less than three years is allowed only with the consent of lessees;

1.2. lease agreements, subleases of real estate, free use by real estate irrespective of lease term, subleases, free use, about change or termination of these agreements, and also the rights to real estate arising in connection with the conclusion of these agreements are not subject to state registration. The specified agreements are considered as the parties concluded from the date of their signing;

1.3. the lessor, loaner in case of the conclusion of the agreements attracting transition of the property right to real estate shall specify in the relevant agreement of the data on encumbrance of this property by the right of lease, the sublease, free use.

The transaction made with violation of the requirement specified in part one of this subitem is debatable and can be recognized as court invalid in the claim of the acquirer of real estate.

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