Land for construction of a house without participation in the auction
Wie bekomme ich Land für den Bau von Häusern, ohne an der Auktion teilzunehmen?
Die Gesetzgebung unseres Landes definiert Kategorien von Bürgern, die Land erhalten können, ohne an der Auktion teilzunehmen, zum Beispiel Bürger, die ihre Lebensbedingungen verbessern müssen. Belarus bietet solches Land in vielen Regionen des Landes an.
Das Landrecht für den Bau von Wohngebäuden ist vorgesehen:
- in anderen Siedlungen als der Hauptstadt, den regionalen Zentren und Städten, die in den Entscheidungen der regionalen Exekutivausschüsse festgelegt sind;
- in regionalen Städten und anderen Dörfern, die von regionalen Exekutivausschüssen für Bürger festgelegt werden, die verbesserte Lebensbedingungen benötigen;
- In Minsk große Familien, die bessere Wohnbedingungen brauchen.
On what conditions are land plots provided without an auction?
The provision of land plots is carried out in settlements that are located in the suburban areas of the capital, cities of regional subordination and regional centers to the following categories of citizens:
- large families, which are on the account, as needing to improve housing conditions, - land for construction receive free of charge;
- to citizens who are registered for the need to improve living conditions at the place of residence where there are vacant land plots.
Citizens (not large families) who have been registered for at least 5 years, as in need of better living conditions:
- do not have privately owned residential real estate, the provision of land is carried out for the 5th part of its cadastral price;
- having residential real estate, land in the property goes for half of its cadastral value.
Citizens (not large families) who have been registered for less than 5 years to improve their living conditions:
- not owning residential property, the land is sold for the 5th part of its cadastral value;
- privately owned housing, land is sold for half of its cadastral value;
- for the full cadastral value of the land is provided to persons who are not registered in the improvement of living conditions or with payment for the right to conclude an agreement, under which the land plot is later rented;
- For foreigners and stateless persons, land plots are leased on the basis of their cadastral price.
In settlements other than the capital, Vitebsk, Mogilev, Brest, Grodno and Gomel, as well as cities with regional subordination status, land plots located outside the suburban areas are provided with:
- to private property for free to large families that are registered, as in need of better housing conditions;
- to citizens (not large families) who are on the above mentioned account and:
- do not own housing, land is provided for the 5th part of its cadastral price;
- which have residential real estate - a land plot is provided for half of the cadastral value;
- citizens who do not need to improve their living conditions, land plots are provided for the full cadastral value;
- land plots are also provided to foreigners at the full cadastral price.
Attention: to a citizen who is registered as in need of better housing conditions, the opportunity to receive a land plot outside the auction is granted no more than once.
Where to get acquainted with the lists of free land?
As a rule, this information is placed in the relevant sections of the official websites of the executive committees, as well as on specially designed stands in the buildings of the executive committees. Lists are updated monthly.
There are more citizens wishing to receive a land plot in Belarus than those who are interested in attending land sale auctions. Thus, the plots are provided on a first come, first served basis.
To get land outside the auction, you must contact the local executive committee and submit an application. In addition, you must provide documents - passports of adult family members and birth certificates of minors, i.e. all those who will stand in line.
The application is submitted to the “One Window” department, where the following documents will be collected without your participation:
- certificates of state registration, certifying the presence or absence of real estate;
- certificate that the family is registered for the improvement of living conditions.
State registration certificates are provided on a paid basis, therefore a document certifying payment should also be submitted to the “one window”.
1 month is given for consideration by the executive committee of the application. 15 days, if the citizen has submitted to the service “one window” including the requested documents. About the statement / rejection of the queue is reported in writing. The district allocates land on the basis of priority. Only large families can use the preferential mode of obtaining land.
The decision taken by the executive committee in the provision of land is reported in writing. Upon receipt of this message, within the specified period it is necessary to appear in the executive committee and submit an application for receiving the building plot. Rejecting a land plot twice in a row automatically deprives a citizen of a queue, i.e. he is removed from it.
What are the necessary documents to purchase land:
An application is submitted to the executive committee. In the case of the acquisition of a land plot for improving living conditions, the executive committee requests:
- certificate of family composition and occupied living space;
- certificates of state registration of real estate objects or their absence (certificate is paid).
Within seven working days the application is reviewed and the following permissions are given:
- on the development of a land acquisition project (the land management department is involved).
This project is carried out at the expense of the citizen. The procedure is carried out on the basis of a contract agreement signed by representatives of the land management service and a citizen applying for a land plot. The contract is concluded in three days from the date of receipt by the land management service of the permit to develop the project. The term can be extended only for a good reason.
The project is developed within 15 days. Then the documents are transmitted to the executive committee, where the final decision is made on the transfer of land to citizens. In the event of refusal to provide a land plot at this stage, the applicant is notified to the executive committee within three days. It also indicates the basis of the refusal, based on legislation. This refusal can be appealed either in court or in a higher executive committee.
In which cases the land is forbidden to alienate?
Alienation - sale, purchase, donation, exchange - of land to the private property provided is prohibited until receipt of a document confirming the right to the house that is located on it. There are exceptions for executive committees: if there is an unfinished (frozen) building on the land plot.
For citizens who have received a land plot in the framework of improving housing conditions, it is prohibited to alienate it in the following cases:
- if there is an unfinished (mothballed) construction on the plot;
- for eight years, if the site has a residential building built on a soft loan (until its full repayment).
Exceptional cases envisage moments when the owner of a land plot is disabled in the first or second group, when a citizen is sent to work in another locality, as well as other circumstances that prevent the use of the land plot for its intended purpose.
Payment of land by installments:
The provision of land to private ownership or land for rent, the executive committee may accept from the citizen a statement asking for payment by installments. The maximum installment period is 5 years. In this case, the date is calculated from the date of commissioning of the structure, for example, a residential building. Prior to this, a citizen must make that part of the payment that the executive committee determines for him.
The use of the installment plan provides for the calculation of interest on it, the amount of which is calculated by the formula: 1/360 of the refinancing rate, which is approved by the National Bank of the country on the day of payment and for each installment day.
In case of late payment, a penalty is charged, which is also calculated using the formula 1/360 of the refinancing rate. The land plot will be pledged to the executive committee until the entire cost is paid for it.
State registration of land:
The right to land a citizen receives from the moment of state registration of the land. This is confirmed by a certificate of state registration. For state registration it is necessary to provide the following list of documents:
- receipt of payment for state registration.
A citizen is obliged to apply for state registration:
- within 2 months to make a decision on the provision of a zemuchastka;
- within 2 months after signing the lease agreement for the land plots, but no later than 3 months from the date of the decision to grant it.
In the case when a land plot is acquired through an auction, the period for applying for state registration is determined in a decision taken by the executive committee.
If a citizen does not conduct the procedure of state registration of a land plot in a certain time period, the decision on its granting shall be annulled.
For a good reason, the deadline for applying for state registration can be extended.
From the day of receiving the certificate of state registration, a citizen must begin the development of a land plot within a year, that is, start building a residential house.
In the case of acquiring a land plot through an auction, the period in which a citizen must proceed to its development is determined in a decision by the executive committee. Note that the decision may contain other requirements that must be complied with without fail.
Fulfillment of the above-mentioned requirements can be postponed only for a good reason and through the corresponding statement to the executive committee. It is necessary to submit an application before the end of the deadline specified in the decision, but no later than 2 months before its expiration.
In the event that the land owner does not fulfill at least one of the conditions put forward, the executive committee sends an order for their fulfillment within a month. In case of non-compliance with the prescription:
- the executive committee makes a decision on which deprives a citizen of the rights to a land plot, and also withdraws a land plot if he has been transferred to life-long inherited possession;
- the executive committee files a lawsuit in order to terminate the rights of a citizen to private property, if he was transferred to him in private ownership;
- The executive committee decides on termination of the contract, which provides for the lease of land.
By a court decision or by a decision of the executive committee, the organization that conducts state registration decides on the termination of state registration in relation to a citizen who was previously granted a land plot.
Land: purchase from a private person:
Land can also be purchased through an agreement with an individual who is interested in selling it. Please note that from the side of a private trader all the conditions for obtaining a land plot, its registration and development must be met. Otherwise, you can get into an unpleasant story, when the land is conscientiously owned by you, and by law the executive committee or court will deprive the seller, and at the same time you will have the right to own it.
In this situation, the easiest way is to consult the executive committee, the state registration organization, by making the appropriate inquiries or, with the help of a land lawyer, check all the “pitfalls” that you can stumble upon.
It is worth noting that the purchase of land with the hands is always easier:
- There is no time limit on the procedures;
- the acquisition procedure is now extremely simplified and allows you to spend it from "A" to "Z" in a matter of days;
- there are no requirements that must be met without fail.
On the other hand, the purchase of a land plot is not cheap compared to obtaining it through the executive committee. The difference in price can reach tenfold. The private owner sells the land, taking into account all its advantages, which forms the final market price.
The highest price of a land plot is within cities (large and small), in the suburbs (as a rule, only large ones - regional centers and cities of regional subordination). Land with the lowest cost can be found in the villages. Lists with vacant land plots are available in rural executive committees, as well as on the websites of relevant government agencies. However, turning to the village executive committee in order to become the owner of the land plot later, it is important to understand that the same rules of the legal procedure that were described above apply here, i.e. Compliance with deadlines and additional requirements must be complied with and enforced.
The advantages of land within the city:
- availability of utility networks;
- High demand for the land is saved, which allows you to sell the land after a certain period of time.
Advantages of land in rural areas:
- as a rule, electricity is supplied;
- there are farm building and fruit trees.
Choose where to have land, you should weigh the pros and cons. In the city or in the countryside - it does not matter, the main thing is that the territory you have mastered is well-maintained and brings satisfaction to you, your loved ones and is a center of attraction for all households. To the land was a source of inspiration for you to create.
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