Vitebsk Regional Executive Committee

Land plots

Resource potential of the Vitebsk region

Information on land plots

Information on the availability of free (unoccupied) land plots in settlements that can be provided to citizens for the construction and maintenance of single-family semi-detached residential buildings, as well as in horticultural associations and dacha cooperatives for collective gardening and dacha construction is available

on the official websites of district and city executive committees and in the Unified State Register of Property

Information materials

The right to a land plot arises for an investor from the moment of state registration of the emergence of this right and obtaining a corresponding certificate (confirmation) of state registration issued by the state registration organization.
Investors, in accordance with the purposes and conditions for the allocation of land plots, have the right:

to independently use the land plot;

to use water bodies, common minerals, including peat, as well as the beneficial properties of land located on the land plot, in the manner prescribed by law, for purposes not related to profit generation;

to erect capital structures (buildings, structures) in the manner prescribed by law;

to compensation for losses caused by the withdrawal or temporary occupation of land plots, the demolition of real estate objects located on them, as well as the restriction (encumbrance) of rights to land plots, including the establishment of a land servitude;

to voluntarily abandon the land plot; to demand the establishment or termination of a land servitude.

Investors who are tenants of land plots, for the right to conclude lease agreements for which a fee was charged, have the right, unless otherwise established by legislative acts:

to sublease the leased land plot within the term of the lease agreement; to transfer their rights and obligations under the land plot lease agreement to another person;

to use the right to lease a land plot as a pledge within the term of the lease agreement.

Investors are obliged:

to use the provided land plots, as well as the structures located on them, in accordance with their intended purpose and the conditions for the allocation of land plots;

to carry out land protection measures;

to pay land use fees in a timely manner;

to carry out land improvement measures;

to comply with the deadlines established by legislative acts for the occupation of land plots, including the construction of capital structures (buildings, structures) on them, as well as other conditions for the allocation of land plots;

not to violate the rights of other land users;

return land plots provided to them for temporary use or lease upon expiry of the term for which they were granted, or to apply for its extension in a timely manner;

comply with the established restrictions (encumbrances) on rights to the land plot, including the terms of a land servitude.

In order to establish additional guarantees for the protection of investors' rights as tenants, the legislation provides that the term of lease of a land plot, which is state-owned and provided for purposes related to the construction and (or) maintenance of capital structures (buildings, structures), must be at least the normative term of their construction and (or) operation. The provision of a land plot for a shorter term may be carried out only with the consent of the persons to whom this land plot is provided. The term of lease of a land plot must not exceed ninety-nine years.
Land plots in private ownership may be the subject of a mortgage, and the right to lease land plots for which a fee was charged for concluding lease agreements – the subject of a pledge only as security for an obligation under a loan agreement concluded with a bank. Land plots in private ownership provided for the construction and (or) maintenance of capital structures (buildings, structures) may be the subject of a mortgage only together with the capital structures (buildings, structures) located on them or unfinished conserved capital structures, unless otherwise established by the President of the Republic of Belarus. In this case, the land plot on which the mortgage is established remains the property of the pledgor, and the tenant (pledgor) whose lease right to the land plot is the subject of the pledge continues to use the land plot.
The right of private ownership of land plots is terminated by a decision of the relevant local executive committee in accordance with its competence or by a court ruling:

upon alienation of the land plot to persons who cannot be owners of land plots;

upon voluntary transfer of land plots to state ownership;

upon seizure of a land plot for state needs;

upon liquidation of a non-state legal entity of the Republic of Belarus.

The right of private ownership of a land plot also terminates upon compulsory seizure of the land plot by court order:

upon non-payment of land tax after two tax periods;

upon using the land plot not for its intended purpose;

if a non-state legal entity of the Republic of Belarus has not commenced development of the land plot within six months from the date of obtaining the certificate (document) of state registration of the creation of the land plot and the emergence of the right to it;

upon failure to implement land protection measures;

upon confiscation of the land plot.

In particular, if an investor has not commenced development of the land plot within six months (or another period specified in the contract for the exercise of the right to design and construct capital structures (buildings, structures), or in the decision of the local executive committee on the provision of the land plot) from the date of obtaining the certificate (document) of state registration of the creation of the land plot and the emergence of the right to it, in accordance with the purpose and conditions of its provision (has not started construction or other development of the land plot), the local executive committee, within its competence for the seizure and provision of land plots, no later than one month from the expiry of the specified period, sends the investor a notice requiring the commencement of development of this plot (construction, other development of the land plot) in accordance with the purpose and conditions of its provision.
The period specified in the notice cannot exceed one month.
In the event that the investor, upon the expiry of the period specified in the notice, does not commence construction or other development of the land plot in accordance with the purpose and conditions of its provision, the local executive committee, within its competence for the seizure and provision of land plots:

files an application with the court for the termination of the right of private ownership of the land plot and, after the court decision on the termination of such right enters into legal force and the state registration of the termination of the right of private ownership of the land plot by the investor is completed, decides on the further use of this plot;

makes a decision on termination of the land lease agreement, if the right to unilaterally terminate the land lease agreement is provided for by this agreement, containing conditions for its further use and a mandatory order for the state registration organization to carry out the state registration of termination of the land lease right of the investor, and after the state registration of termination of this right decides on the further use of such a plot or files a lawsuit with the court for termination of the land lease agreement and after the court decision on termination of such an agreement enters into legal force and the state registration of termination of the land lease right of these persons is carried out, decides on its further use.

The state registration organization carries out, in accordance with part five of this clause, the state registration of termination of the investor's land right within seven working days from the date of receipt of the order from the local executive committee, a copy of the court decision sent by the local executive committee. Such state registration is carried out at the expense of the relevant local budget.
If the investor fails to comply within two months from the date of the decision to grant the land plot with the requirements specified in this decision for state registration of the land plot, rights, restrictions (encumbrances) of rights to it within this period, the decision to grant the land plot may be canceled by the local executive committee that made this decision. The local executive committee notifies the state registration organization of the cancellation of the specified decision no later than three working days.
A court decision on the forced seizure of a land plot for violation of legislation on the protection and use of land is made based on materials indicating that after receiving a written order from the state body (official) exercising state control over the use and protection of land, the owner of the land plot did not take measures to eliminate the violations of legislation on the protection and use of land committed within the established period.
The right of lease (sublease) of a land plot terminates on grounds and in the manner prescribed by civil legislation or the lease agreement. The right of lease (sublease) of a land plot also terminates in the event of seizure of the land plot for state needs, or transactions made by the lessee (sublessee). The termination of the right of lease of a land plot entails the termination of the right of sublease of this land plot, unless otherwise established by the lease agreement.

Other cases of termination of rights to a land plot may be provided for by legislative acts.
The state legally guarantees the protection of the rights of investors – land users (owners, users, holders, lessees) when their land plots are seized and the real estate objects located on them are demolished. Land plots used in the established manner can only be seized for state needs. Thus, in accordance with paragraph 8 of the **Regulations on the Procedure for Seizure and Provision of Land Plots, approved by Decree of the President of the Republic of Belarus of December 27, 2007 No. 667 "On the Seizure and Provision of Land Plots"**, which entered into force on January 1, 2008, when a land plot in private ownership is used for state needs, the right of private ownership of this plot may be terminated with the simultaneous purchase of such a plot at the cadastral value at the time of purchase in the manner established by the **Resolution of the Council of Ministers of the Republic of Belarus of March 26, 2008 No. 462**, with compensation for losses to the owner and transfer of the land plot to the ownership of the Republic of Belarus. The procedure for compensating losses and their amounts are determined by organizations in accordance with the specified Resolution of the Council of Ministers of the Republic of Belarus of March 26, 2008 No. 462.
If a leased land plot is seized, and a fee was charged for the right to conclude a lease agreement, the lessee shall be compensated for losses from the local budget of the corresponding administrative-territorial unit, into which the fee for the right to conclude the land plot lease agreement was received.

In cases where the pledged property is seized from the pledgor in the manner prescribed by legislative acts on the grounds that another person is the actual owner of this property (Art. 282 of the Civil Code), or as a sanction for a committed crime or other offense (Art. 244 of the Civil Code), the pledge on this property is terminated. In these cases, the pledgee has the right to demand early fulfillment of the obligation secured by the pledge (Art. 335 of the Civil Code). In the event of seizure of a mortgaged land plot from the pledgor for state or public needs and the provision to him of another land plot in private ownership simultaneously with the state registration of the creation of this plot and the emergence of the right of private ownership to it, with the consent of the bank that issued the loan, a new mortgage agreement is concluded, or amendments are made to the existing one, and state registration of the pledge right to the given land plot is carried out.
All disputes related to the seizure of land plots and compensation for losses to land users are resolved by the court.
In order to improve the legal regulation in the field of protection of property rights of owners and other persons in connection with the seizure of land plots for state needs and the demolition of residential buildings, apartments in blocked or multi-apartment residential buildings, structures, buildings and plantings attached to them, owned by citizens or organizations (hereinafter referred to as immovable property) by right of ownership, the Head of State signed Decree No. 58 "On Certain Measures to Protect Property Rights in the Seizure of Land Plots for State Needs", which entered into force on May 1, 2009.
This Decree establishes that if it is necessary to seize a land plot for state needs, on which immovable property is located, the local executive committee must make a decision on the upcoming seizure of the land plot for state needs, which must indicate the grounds for seizure, options for exercising the rights of owners of immovable property subject to demolition, and so on.

In accordance with the norms of the Decree, the local executive committee is obliged to offer owners of immovable property subject to demolition, in case of seizure of land plots from them, the following options for exercising their rights:

receiving ownership of an apartment of standard consumer qualities, as well as in the event that the market value of the provided apartment is less than the market value of the residential building or apartment, structures, buildings and plantings attached to them subject to demolition (shares in the ownership of the corresponding immovable property),

monetary compensation in the amount of the difference;

receiving monetary compensation for the demolished residential building or apartment, structures, buildings and plantings attached to them (for the termination of the right of common ownership) in the amount of their market value, but not less than the costs necessary for the construction of equivalent residential building or apartment, structures, buildings.

If objectively possible, including as confirmed by general plans of cities and other settlements, and urban planning projects of detailed planning approved in accordance with the legislation, the local executive committee is obliged to offer owners of real estate objects, in addition to the aforementioned rights, the exercise of one of their rights to:

construct and (or) acquire ownership of a residential building, structures, facilities, and plantings associated therewith (shares in the ownership of the corresponding property), equivalent in terms of amenities and total area to the demolished ones;

relocate and restore demolished residential buildings, structures, facilities, and plantings associated therewith.

In this case, the owner, at their choice, can exercise only one of the options for exercising rights offered by the local executive committee. The demolition of real estate objects can only be carried out after the state registration of the citizen's ownership right to the real estate object provided to them instead of the one subject to demolition, or after the citizen receives monetary compensation for the demolished real estate objects.

Citizens are exempted from paying state duty when courts and prosecutor's offices consider issues related to the protection of ownership rights or other property rights in the case of seizure of land plots for state needs and demolition of real estate objects.

Information about auctions for the sale of land plots to citizens for the construction and maintenance of individual residential houses can be found on the official website of the State Property Committee.

Since January 1, 2015, for land plots located in horticultural associations in the suburban areas of Minsk and regional centers, as well as for capital structures located on land plots provided for collective gardening, a ban on their alienation (sale, exchange, gift) has been established until the expiration of 5 years from the date of state registration of the emergence of rights to such land plots, except for the alienation of land plots and (or) capital structures (buildings, structures) located on them, unfinished conserved capital structures to local executive committees.

Also, a ban is imposed on leasing land plots granted into private ownership for collective gardening, and on the transfer of rights and obligations under lease agreements for land plots granted for this purpose.

Regulatory documents

Decision of the Vitebsk Regional Executive Committee dated 26.02.2007 No. 133 "On establishing the boundaries of the natural zone of the city of Vitebsk"
Decision of the Vitebsk Regional Executive Committee dated December 5, 2022 No. 680 "On determining lists"