Property purchase is an important step that requires a deep understanding of legal nuances, especially when it comes to foreign citizens buying an apartment. Belarus remains an attractive country for real estate investments due to its moderate prices, developing infrastructure, and stable legislation. However, foreigners planning to acquire property in Belarus often face several questions: which properties are available for purchase, are there any citizenship restrictions, is a permit required for the transaction, and what is the process of registering property rights?
In this article we will take a closer look at the main stages of property acquisition by foreign citizens in Belarus, applicable legal norms, potential restrictions, and recommendations for protecting one’s interests during the transaction. The material is prepared based on the practices of AMBY Legal and current legal provisions as of 2025.
Legal Status of Foreign Citizens in the Republic of Belarus when Acquiring Property
A foreign citizen in Belarus is recognized as a person who is not a citizen of the Republic of Belarus and has proof of citizenship (nationality) of another country.
Foreign citizens can stay in Belarus under various grounds:
- Temporary stay – staying in the country for up to 90 days without registration or with registration at the place of stay.
- Temporary residence – holding a temporary residence permit for up to one year.
- Permanent residence – holding a permanent residence permit issued by the competent authorities of the Republic of Belarus.
The legal status of a foreigner may affect their ability to acquire certain types of real estate and land plots.
General Principles of Legal Status of Foreign Citizens
Foreign citizens in the Republic of Belarus enjoy rights and freedoms and bear obligations on an equal basis with citizens of the Republic of Belarus unless otherwise prescribed by the Constitution, legislative acts, or international agreements of the Republic of Belarus. This means that, in general, foreigners have the right to acquire real estate unless such purchases are directly restricted by law.
Rights of Foreigners to Acquire Property
Foreign citizens have the right to:
- Acquire property, including real estate.
- Inherit and bequeath property on the territory of the Republic of Belarus.
- Exercise other property and non-property personal rights as established by the legislation and international agreements of the Republic of Belarus.
Thus, foreign citizens can acquire apartments and other real estate if this right is not restricted by special regulations.
Restrictions and Special Features when Acquiring Real Estate
Foreign citizens in the Republic of Belarus have extensive rights in acquiring real estate. However, when planning a purchase, it is important to consider existing restrictions, especially regarding land plots and certain categories of real estate. It is advisable to consult with lawyers specializing in real estate to ensure the legality and security of the transaction.
Specific restrictions are established regarding the acquisition of the following types of real estate:
- Regarding land plots
Foreign citizens are generally prohibited from acquiring land plots for private ownership. However, since January 1, 2023, amendments to the Land Code have expanded foreigners’ rights concerning land plots. Foreigners can now acquire land plots in certain cases:
- Through inheritance.
- Acquiring shares in ownership of land plots along with residential houses, summer cottages, or other buildings located on them.
- During marriage with a Belarusian citizen, for joint ownership.
- By court decision in case of division of jointly acquired property.
These changes aim to eliminate legal conflicts that arose during the division of property between spouses, one of whom is a foreigner.
2. Regarding property in border zones
Acquiring property in border areas may require additional coordination with the relevant authorities.
3. Regarding special types of property
Acquiring certain objects, such as historical and cultural valuables, may be restricted or require special permits.
Procedure for Foreign Citizens to Purchase an Apartment in Belarus
The process of purchasing an apartment by a foreign citizen in Belarus follows general rules but includes some peculiarities related to the legal status of the buyer. Let’s review the key stages of the process.
Step 1. Selection of the Property and Preliminary Check
At the initial stage, it is important to choose the right property and conduct a legal check. It is recommended to:
- Ensure that the seller legally owns the apartment.
- Check for encumbrances, seizures, or other restrictions.
- Confirm that there are no outstanding utility bills or taxes.
To obtain reliable information, you can request an extract from the Unified State Register of Real Estate, Rights to It, and Transactions (EGRNI). It is highly recommended to consult experienced lawyers specializing in real estate, who will help identify potential risks and ensure the security of the transaction.
Step 2. Preparing Documents
To complete the transaction, a foreign citizen must prepare the following documents:
- Passport.
- A notarized translation of the passport into Russian or Belarusian. Russian Federation citizens do not require a passport translation.
- Temporary registration in the Republic of Belarus (if necessary).
- A translator present during the transaction if the buyer does not speak the official languages of Belarus.
It is important to note that the translator must have the appropriate qualifications and be included in the register of translators at the territorial notary chamber.
Step 3. Signing the Purchase and Sale Contract
The transaction can be formalized in two ways:
- Method 1: Through a Notary. The notary checks the documents, certifies the authenticity of the parties’ signatures, and issues a notarized sales agreement.
- Method 2: Through a Territorial Organization for State Registration of Real Estate. The organization’s staff conducts a legal examination of the documents and registers the transaction.
In both cases, after the agreement is signed, the transfer of ownership must be registered with the appropriate authority.
Step 4. Registration of Property Rights
To register property rights, a statement must be submitted to the territorial organization for state registration of real estate, rights to it, and transactions with it. The following documents are attached to the application:
- The buyer’s passport and its notarized translation.
- The sales agreement.
- Documents confirming the payment of state duties.
- Any other necessary documents.
The registration process usually takes 5 to 7 business days. After completion, a certificate of state registration is issued, confirming the property rights on the acquired real estate.
Step 5. Subsequent Actions
After the property rights are registered, it is recommended to:
- Re-register utility service contracts in the buyer’s name.
- Register at the place of residence with the internal affairs authorities if the buyer plans to live in the acquired apartment.
Given the peculiarities of legal norms and potential risks, it is advisable to consult experienced real estate lawyers. Professional support will ensure the legality, safety, and protection of your interests in the transaction.
Financial and Tax Aspects of Property Purchase by Foreign Citizens in Belarus
Purchasing real estate is not only a legal procedure but also a significant financial operation, especially when transferring funds from abroad, paying state duties, and taxes. Foreign citizens must be aware of the specifics of currency legislation and the taxation procedure when making real estate transactions in Belarus.
Payment of the Transaction: Currency and Fund Transfer
By law, all real estate transactions in the Republic of Belarus must be carried out in Belarusian rubles (BYN), regardless of the buyer’s or seller’s nationality and the currency used for payment abroad.
Fund Transfer Peculiarities:
- Foreign buyers can transfer money to a Belarusian bank account in foreign currency (e.g., dollars, euros, Russian rubles), but at the time of payment, the funds must be converted into BYN.
- Payment for real estate can be made in cash (within the seller’s bank account limits) or via a bank transfer to the seller’s account.
- If the transaction is carried out through a representative, a properly executed power of attorney, including the right to conduct banking operations on behalf of the buyer, is required.
Banks may request documents confirming the source of the buyer’s funds (e.g., sales agreement, income certificate, bank statements, etc.). It is advisable to consult with a lawyer and the bank in advance to avoid any transaction blockages.
Taxes on Real Estate Acquisition
When purchasing property, there is no tax on the acquisition of housing. The property owner is obliged to pay a land and property tax, which can be paid in two installments each year. The tax authority sends notifications about tax payments.
Also, consider the taxation in the following cases:
- When selling property later: If the foreign citizen decides to sell the apartment, they may be required to pay income tax (13% on the difference between the purchase price and the selling price — if there is no international agreement on avoiding double taxation).
- When renting out property: Registration with the tax authority is required, and the income tax is payable according to the applicable rate.
Foreign Currency Transfers and Currency Regulation
Foreign citizens are entitled to open a current account in a Belarusian bank, where funds for property purchase can be transferred. All documents related to the transaction must be properly completed, translated into Russian or Belarusian, and legalized if necessary.
When entering into currency contracts with non-residents (e.g., if the seller is a Belarusian company), registration of such contracts with the National Bank may be required. It is advisable to consult an experienced lawyer to clarify the need for registration.
Recommendations for Protecting Financial Interests
Legal support is especially important at the stages of:
- Confirming the source of funds for the property purchase in case of a bank transfer or cash deposit.
- Currency transfers and conversion.
- Payment of duties and potential taxes.
- Renting out property or selling it later.
AMBY Legal recommends involving experienced real estate and tax planning specialists. This helps avoid mistakes and excessive costs while ensuring the transaction is structured in accordance with Belarusian law.
Common Risks When Purchasing Property by Foreign Citizens and How to Avoid Them
Purchasing real estate in another country always involves certain risks. In the case of foreign citizens in the Republic of Belarus, in addition to the usual risks associated with real estate transactions, there are features of the legislation, currency regulation, and potential language barriers. To minimize possible problems, it is crucial to take into account all potential risks in advance and take precautions.
- Risk of Legal Uncertainty of the Property
One of the most common risks is purchasing an apartment that has legal issues, such as:
- Encumbrances, such as mortgages, seizures, or third-party rights to use the property.
- Inability to prove ownership by the seller (e.g., missing legal documents).
- Unpaid utility bills and taxes, which may be transferred to the new owner.
How to Avoid It:
Conduct a thorough legal check of the property. This can be done by checking state property registries and reviewing ownership and contract documents.
It is also important to verify the seller’s legitimacy: ensure they are the rightful owner of the property and capable of completing the transaction.
2. Risk of Incorrectly Executed Transaction
Inexperience or improper document preparation can lead to the invalidation of the transaction or disputes. This is particularly relevant for foreign citizens who may not fully understand Belarusian legislation.
How to Avoid It:
Always consult with experienced lawyers to prepare all necessary documents for the transaction, ensure they are properly executed, and ensure compliance with legal requirements. Additionally, ensure the proper translation of documents to avoid errors caused by language barriers.
3. Risk of Errors During Fund Transfers
When transferring large amounts of money from abroad, especially in real estate transactions, issues may arise related to currency regulation, verifying the source of funds, or errors during currency conversion.
How to Avoid It:
Consult with the bank and choose the correct method for transferring funds for the transaction. Make sure to clarify in advance which documents may be required to confirm the legitimacy of the funds’ origin.
Document the entire transfer process to avoid misunderstandings with tax or financial authorities.
4. Risk of Incorrect Property Selection
Some foreign citizens may encounter restrictions when purchasing specific types of real estate, such as land in border zones or objects designated as cultural heritage, which require special permits.
How to Avoid It:
Check the restrictions on the type of property you wish to acquire. Some properties may have limitations for foreign citizens, such as in border areas or state-protected zones.
Consult with lawyers to verify the property’s status and check if there are additional requirements for its acquisition by a foreigner.
5. Risk of Tax Obligations
Foreign citizens who purchase real estate in Belarus may face tax obligations when renting out the property or selling it later. This is especially true for those unfamiliar with Belarusian tax law.
How to Avoid It:
Consult with tax lawyers during the planning phase of the purchase to understand future obligations, including potential taxes on rental income or property sales.
Check if rental income or other property-related transactions need to be registered and which taxes will apply.
6. Risk of Non-fulfillment of Purchase and Sale Contract Conditions by the Seller
It is not uncommon for a seller to alter the terms of the transaction or fail to meet them after signing the agreement (e.g., delaying the property transfer or hiding debts).
How to Avoid It:
Only sign the sales agreement after fully verifying all terms and ensuring there are guarantees that the seller will fulfill their obligations.
Include provisions in the agreement regarding penalties and liability in case the seller fails to meet the conditions.
Conclusion
When purchasing an apartment in the Republic of Belarus as a foreign citizen, it is important to carefully select the property, verify the legal purity of the transaction, and properly execute documents and fund transfers. To avoid risks associated with legal, financial, and tax aspects, it is advisable to consult with experienced lawyers and notaries. Professional support ensures the security of the transaction and protects your rights at every stage.
Contact us
If you have any questions related to property purchase, we will be happy to help! Our long-term experience will help you choose a lawyer to represent your interests.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
