| The main normative act that regulates rental relations:
According to the Belarusian legislation ground areas may not be a sale
and purchase object. They may only be rented. Any local executive
and administration bodied, as well as private owners may act as
lessors.
The terms and conditions, as well as amount of rental payment shall
be fixed by consent of the parties and recorded in the agreement.
The terms of such rent may not exceed 99 years and (should it be
used for agricultural purposes) be less that 5 years. Ground areas
may also be a mortgage subject but only as a material security for
timely repayment of a banking credit. The title of the depositor
shall be certified by the official act.
Any State-owned projects (enterprises, equipment, buildings, structures,
etc.) shall be sold through the tenders and by auctions, in which
foreign investors may also participate. For this purpose they are
required to lodge an application for participation, to pawn a certain
amount, pay a special fee for lodging the application, the registration
fee, and submit other necessary documents.
Any apartments and buildings in Belarus may be purchased under sale
and purchase agreements (i) by foreign citizens, provided they have
their permanent residence and employment in this country; and (ii)
by foreign juridical persons subject to their registration in the
territory of Belarus. Obligatory insurance of any buildings being
private property has been introduced in the Republic.
Prices for real estate in Minsk, in USD
| Purchase
1-room
2- room
3- room
4- room and larger
individual residential houses, cottages
offices, production areas
|
starting with 40 thousand
starting with 60 thousand
starting with 75 thousand
starting with 90 thousand
starting with 150 thousand
400-2000 per 1 square meter
|
As of today, dozens of companies that render a wide range of services
in the real estate market are operating in Belarus:
- rent of office rooms;
- rent of production areas, trade places and other premises;
- real estate purchase and sale;
- assistance in privatization;
- mediation;
- consulting services;
- evaluation efforts;
- maintenance of residential and non-residential houses;
- developer’s activity.
The following companies render rent services: BelPromOtsenka, MATENA,
Real Estate Sale Center, Belnedvizhimost, UNISPECTER, BELBUD, BytEx,
Aelita, CorpConsult, Partner.
The leading real estate agencies of the Republic are as follows:
West Real Estate, Square Meter, Real Estate World, Pakodan, Realticom,
Your Capital-City, Universal Legal Services, Rush-Hour, etc.
Qualified assistance in rent and real estate can be rendered by
the experts of non-governmental organizations: Belarusian Guild
of Real Estate Experts, and Belarusian Valuers’ Society.
Rent Agreement
The agreement shall be deemed concluded, if the parties have come
to an agreement on all material provisions. Such agreement shall
specify the structure of property subject to rent, its location,
other information on the property enabling identification of the
rented object. For this purpose the layout of the premises (building,
structure) shall be enclosed to the agreement of rent of any real
estate. Should such layout be not enclosed, the agreement shall
be deemed not concluded.
Rent Agreement Form
Any rent agreement concluded for a period of more than one year,
or irrespective of its periods (should at least one party to the
agreement be a juridical person) shall be made up in writing. Any
real estate rent agreement shall be subject to the state registration,
save as otherwise is provided for by the legislation.
Term of rent
The term of rent shall be established by the parties in the rent
agreement. Should it be not fixed, such rent agreement shall be
deemed concluded for an indefinite time. Should this be the case,
either of the parties shall be entitled to repudiate the agreement
by one-month notice, or by three-months notice (for real estate
rent) thereof to the other party, save as no other term for such
notice is provided for by the legislation or by such agreement.
Obligations of the parties
The main obligations of the parties shall be established by the
legislation. When entering into agreement, the parties may provide
for any additional obligations and the consequences of breach thereof.
The Lessor shall undertake to:
- place the property at the disposal of the Lessee in the state
that corresponds to the provisions of the agreement, and to the
purpose of such property. Any building or structure shall be transferred
according to the deed of conveyance or other document of assignation
signed by the parties;
- make thorough repairs of the property, so given on rent, at
its own expense;
- replace, after termination of the agreement, the value of inseparable
improvements of such rented property made by the Lessee at its
own expense by consent of the Lessor.
The Lessee shall undertake to:
- use such rented property in accordance with the terms of the
agreement;
- pay rent in due time. Should the Lessee fail to pay rent on
due date fixed by the agreement more than 2 successive times,
the agreement may be terminated ahead of time by the court upon
request of the Lessor;
- maintain the property in working order, make routine repairs
at its own expense, and bear expenses for maintenance of such
property.
Rental Payment
Procedure, terms and time of rental payment shall be specified in
the rent agreement. Rental payment (rent) includes depreciation
charges, all kinds of taxes and mandatory payments to the budget.
Cost of maintenance, routine repairs, heating, power supply, communication,
utilities, and other services shall not be included into the rent
and shall be payable by the Lessee separately as agreed between
the parties or on the basis of the readings of appropriate meters
– should the such meters be available to the Lessee.
The prices for rent of apartments in Minsk, in US dollars a month
| 1-room
2- room
3- room
4- room
|
starting with 150
starting with 200
starting with 250
starting with 400
|
Formation of rent rates (sublease rates including) for any public,
administrative, reconstructed industrial building, structures and
premises owned by the State shall be governed by the Regulations
approved byПоложением, утвержденным Decree
of the President of the Republic of Belarus No. 495 dated September
30, 2002. The rates were fixed for 1 square meter per month.
The base rent rate shall be differentiated depending on the purpose
of use of such premises, location of the building or structure in
the inhabited locality and location of such inhabited locality.
The Regulations provides for certain reducing factors to such rent
bases. Rent shall be payable in Belarusian roubles at the rate fixed
by the National Bank as of the date of payment – by the residents
of the Republic of Belarus, and in convertible currency or Russian
roubles – by non-residents.
Should the object of rent be any premises in the building which
is the property of the State, but is not a public, administrative
or reconstructed industrial building, the amount of rent rate shall
be fixed in accordance with the Regulations of procedure of fixing
rent amounts applied to rent of any industrial buildings, structures
and premises which are the Republican property.
Sublease
The Lessee shall be entitled, by consent of the Lessor, to let such
rented property on sublease, and transfer its rights and obligations
under the rent agreement to any other person (sub-tenancy), give
such rented property to gratuitous use, mortgage rental rights and
transfer such rights as a contribution to the authorized capital
of any partnership or company, or as a share in the industrial cooperative.
If these are the cases, subtenancy excluding, the Lessee shall remain
responsible to the Lessor under the agreement. Any sublease agreement
may not be concluded for a period exceeding the period of the rent
agreement.
The Lessee shall have the preemptive right as against any other
persons in respect of extension of the agreement under other equal
conditions.
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