Benefits and advantages of acquiring land ownership
On September 1, 2022, the Law of the Republic of Belarus No. 195-Z of July 18, 2022, "On Amendments to Codes" came into force, establishing a preferential procedure for acquiring land plots into private ownership by citizens of the Republic of Belarus, the validity of which is limited to a 5-year period from the date of entry into force of this Law.
In particular, land plots used by land users as of September 1, 2022, can be transferred into private ownership by citizens of the Republic of Belarus within 5 years from the specified date, applying the following coefficients:
- 0.8 – in the territories of regional centers, the city of Minsk
- 0.5 – in other territories.
The cost of a land plot transferred into private ownership is determined based on its cadastral value, which reflects the land plot's worth (utility). And only within 5 years can land plots be acquired into private ownership at their cadastral value, with the application of coefficients that allow for its reduction.
For example: The cadastral value of a land plot of 0.1268 hectares, provided for the construction and maintenance of a residential house in the Ushachi district, is 19
The right of private ownership of land is protected by the legislation of the Republic of Belarus, and acquiring a plot of land in private ownership provides a number of advantages, the main ones being the following:
A land plot owned under private ownership can be the subject of various transactions, such as sale, exchange, gift, annuity, lease, mortgage, and can be inherited, including by heirs who are not citizens of the Republic of Belarus.
For example, in the case of a capital construction located on a land plot in private ownership, it becomes the subject of a sale and purchase agreement together with the capital construction, while the value of the land plot is determined separately from the value of the capital construction and cannot be lower than its cadastral value.
In the total cost of the subject of a sale and purchase agreement, the cost of a land plot can be 90%, while the cost of a capital construction is only 10%. The acquisition of a land plot in private ownership for collective gardening in a gardening cooperative will allow it to be disposed of and sold along with the located plantings, even in the absence of a dacha house on the plot.
Land plots in private ownership can be leased for the same purposes for which they were granted, and the rental payment will serve as an additional source of income for the lessor – the owner of the land plot. Land plots located in cooperatives, granted for collective gardening, are in particular demand during the summer period. They can be leased for various terms to individuals who wish to try their hand at collective gardening and growing agricultural products but do not have the means to acquire a dacha house and a plot.
Land plots in private ownership can be the subject of a mortgage as security for an obligation under a loan agreement, including one concluded with a bank.
As the subject of a rent agreement, a land plot allows for the satisfaction of the rent recipient's needs – the landowner's needs for food, clothing, housing, medical care, and certain monetary payments, thereby addressing the social security issues of people in need of assistance.
Legislation ensures the protection of private property rights to a land plot, providing for a judicial procedure only for the termination of private property rights to a land plot in case of the owner's violation of land protection and use legislation.
Applications for the provision of land plots into private ownership should be submitted to the local executive committees at the location of the land plot.
Consultation on the cadastral value of a land plot for the calculation of the land plot fee payable can be obtained from the Land Management Department of the Beshenkovichi District Executive Committee (phones – 8 (02131) 6 06 27, 8 (02131) 6 06 37). For land plots registered in the Real Estate Register, rights to it and transactions with it, information on cadastral value can be obtained from the Register of Land Value, Land Plots of the State Land Cadastre, which contains information obtained during:
- the cadastral valuation of lands, land plots of populated areas, horticultural associations and dacha cooperatives, lands, land plots located outside populated areas, horticultural associations and dachas