Land Management Department: on benefits and advantages of acquiring a land plot into private ownership
In particular, land plots that are in use by land users as of September 1, 2022, within 5 years from the specified date can be granted into private ownership to citizens of the Republic of Belarus with the application of a coefficient:
- 0.8 – in the territory of regional centers, the city of Minsk
- 0.5 – in other territories.
The acquisition of land plots into private ownership will provide an opportunity to use them as a source of material well-being, contributing to the development of citizens' entrepreneurship and the involvement of land plots in market relations.
The cost of a land plot transferred into private ownership is determined based on its cadastral value, which reflects the value (utility) of the land plot. And only within 5 years can land plots be acquired into private ownership at the cadastral value, with the application of coefficients that reduce its amount.
For example,
The cadastral value of a land plot with an area of 0.1268 hectares, granted for the construction and maintenance of a residential building in the Vitebsk region, is 1990 rubles 76 kopecks, so with the application of a coefficient of 0.5, it will be 995 rubles 38 kopecks.
The right of private ownership of land is protected by the legislation of the Republic of Belarus, and the acquisition of a plot into private ownership provides a number of advantages, the main of which are the following:
sale, donation, annuity, lease, mortgage, and inheritance, including to heirs who are not citizens of the Republic of Belarus.A land plot owned privately can be the subject of various transactions, such as sale and purchase,
For example, if a capital building is located on a land plot in private ownership, it becomes an object of a sale and purchase agreement together with the capital building, while the value of the land plot is determined separately from the value of the capital building and cannot be lower than its cadastral value.
In the total value of the object of the sale and purchase agreement, the value of the land plot can be 90%, while the value of the capital building is only 10%. And 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 existing plantings, even in the absence of a summer house on the plot.
Land plots in private ownership can be leased for the same purposes for which they were granted, and the lease 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, and 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 opportunity to purchase a summer 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.
Being the subject of an annuity agreement, a land plot allows the annuitant – the landowner – to meet their needs for food, clothing, housing, medical care, and certain monetary payments, thereby solving the social security problems of people in need of assistance.
Legislation provides for the protection
private ownership of a land plot, providing for a judicial procedure only for the termination of private ownership of a land plot in case of violation by the owner of the legislation on the protection and use of land.
Applications for the provision of land plots in private ownership should be submitted to the local executive committees at the location of the land plot.
Consultation on the size of the cadastral value of a land plot for calculating the land use fee payable can be obtained from the structural unit of land management of the local executive committee, and regarding 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 values, land plots of the state land cadastre, which contains information obtained during:
- carrying out cadastral valuation of lands, land plots of settlements, horticultural associations and dacha cooperatives, lands, land plots located outside settlements, horticultural associations and dacha cooperatives;
- carrying out cadastral valuation of agricultural lands, land plots granted to agricultural organizations, including peasant (farmer) farms, other organizations for conducting agricultural activities, including peasant (farmer) activities, as well as for conducting subsidiary agricultural activities (hereinafter referred to as agricultural lands).