Obtain the non-encumbrance certificate
Agency: Minsk City Agency on State Registration and Land Cadastre
Under the legislation of the Republic of Belarus in the described scenario obtaining a non-encumbrance certificate is not mandatory for the registration of a sale-purchase agreement and registration of transfer of title, but is commonly done in practice.
There is possibility to obtain information on rights and encumbrances over the immovable property online but it is allowed only for persons having an agreement with the National Cadastre Agency for paid access to online version of the Unified State Register of Real Estate, Rights Thereto and Transactions Therewith (http://gzk.nca.by/).
However, obtaining paper certificate is recommended, since the information printed out from the online register is not the official document, which cannot be provided to third parties, e.g. as an evidence to the court.
Resolution of the Council of Ministers of the Republic of Belarus No.156 of February 17, 2012 “On Approval of the Unified List of Administrative Procedures Performed by State Authorities and Other Organizations in Relation to Legal Entities and Individual Entrepreneurs and Amending the Resolution of the Council of Ministers No. 193 of February 14, 2009 and Cancellation of Some Resolutions of the Council of Ministers” sets up three day time limit for issuance of non-encumbrance certificate. However, in practice, it is possible to obtain the non-encumbrance certificate in one day.
The cost for obtaining the non-encumbrance certificate is 0.5 of the base amount or BYN 11.5. As of January 1, 2017, the new base amount constitutes BYN 23 according to the Resolution of the Council of Ministers of the Republic of Belarus No. 974 dated November 28, 2016.
Time and cost: 1 day, BYN 12.75 (0.5 of base amount (BYN 25.5))
The buyer applies to the Registry for the registration of a sale-purchase agreement and property title
Agency: Minsk City Agency on State Registration and Land Cadastre
The Resolution No. 156 on February 17, 2012 describes the procedure for the state registration of the sale-purchase agreement.
The list of the documents to be submitted to the Minsk City Agency on State Registration and Land Cadastre for the registration of a property transfer includes:
- Application in the established form. Application is prepared by the Registration Clerk after verification of all submitted documents. Completed application is signed by the authorized representatives of both parties.
- Certificate of the state registration of the buyer.
- Passport or other identification documents for authorized representative.
- Sale-purchase agreement signed by the Seller and the Buyer (three copies).
- In accordance with the Resolution of the Committee on Land Resources, Land Surveying and Cartography of the Republic of Belarus No.17 of April 23, 2004 “On Approval of the Instruction on the Order of Filling in and Signing the Application on State Registration” the parties may define in the sale purchase agreement that one of them is solely authorized to file the application on state registration.
- Deed of assignment or another document, signed by the parties to confirm that transfer of a property from seller to buyer.
- Document, confirming registration fee payment to the Registry.
Within specified time-frame, the authorized representative will obtain following documents:
- Sale-purchase agreement with the note of the local agency of state registration and land Cadastre in two copies (one for seller and one for buyer)
- Certificate confirming transfer of a title for a warehouse and the land plot to buyer.
Time and cost: 2 days
Buyer makes payment at local bank
Agency: Commercial Bank
The buyer makes the payment for registration fee through a bank order at a commercial bank and brings the receipt confirming the payment to the Registry. Although, this can be done through ERIP (which is the electronic platform for payments of different state fees and utilities), the buyer still needs to bring a receipt in person to the Registry, thus in practice, majority of people do the payment at a bank in person.
Time and cost: 1 day, BYN 226.95
- For the regular procedure (5 business days):
- 3 Base Amounts for the state registration of a sale and purchase agreement;
- 0.2 Base Amounts for the state registration of property title to the warehouse building;
- 0.2 Base Amounts for the state registration of property title to the land plot + 0.6 Base Amounts for transfer of encumbrances to the land plot (in case if the land plot has any encumbrances);
- 0.5 Base Amounts for preparation and issuance of the land cadastral plan of the land plot;
- 2 Base Amounts for issuance of the certificate confirming title to the land plot to the Buyer.
- For the expedited procedure (2 business days): Additional fee, 1.5 Base Amounts
- For the urgent procedure (1 business day, provided that the application for the state registration has been filed to the registry before 16:00) (most common method for commercial property transfers): Additional fee, 3 Base Amounts
From January 1, 2019 the Base Amount constitutes BYN 25,5 according to the Resolution of the Council of Ministers of the Republic of Belarus Resolution No. 956 of 2018 (Effective January 1, 2019).)
Payment receipt is presented at Minsk City Agency on State Registration and Land Cadastre and certificate confirming transfer of title is received
Agency: Minsk City Agency on State Registration and Land Cadastre
Applicant provides a copy of bank payment receipt to the registrar and receives the certificate confirming transfer of title.
Time and cost: 1 day, Nominal cost (charges differ depending on bank)
