On January 1, 2023, a new version of the Land Code came into force, which expanded the rights of foreign citizens and stateless persons in relations related to the acquisition of land plots. If earlier foreign citizens and stateless persons could acquire real estate, but could not own land (only on the right of lease, or when receiving a land plot as an inheritance), now land plots can be privately owned by foreign citizens and stateless persons, unless otherwise established by legislative acts, in the following cases:
- Their inheritance of a land plot;
- Acquisition on the basis of a civil transaction of registered shares in ownership of a land plot and a residential house located on it, a cottage, including those not completed by construction and preserved in accordance with the established procedure, a registered apartment in a blocked residential building, a garden house, or recognition of these citizens in court shares in the ownership of these objects;
- Acquisition of a land plot in common joint ownership during marriage with a citizen of the Republic of Belarus, including in the case of subsequent division of jointly acquired property;
- Acquisition on the basis of a civil transaction or a court order of a share in the ownership of a land plot owned by one of the spouses (former spouses), on which a residential house, a dacha, including those not completed by construction and preserved in accordance with the established procedure, a registered apartment in a blocked residential building, a garden house, which are common joint property of spouses, in case of division of jointly acquired property;
- And others more.
Acquisition tax and other payments
The good news is that there is no need to pay tax when buying a house in Belarus. But if in the future you decide to sell your real estate, you will need to pay income tax in the amount of 13% of the amount of income, i.e. not from the value of the house, but from the difference between the purchase price and the sale price.
Although there is no tax on the purchase of real estate in Belarus, it is necessary to know that once a year it is necessary to pay real estate tax.
Another point to pay attention to is utility bills. If benefits are provided for citizens of Belarus to pay for utilities, then they do not apply to foreign citizens, i.e. they will have to pay 100%. In addition, family members registered in this property and holding Belarusian citizenship are eligible for the subsidized tariff. If you came up with the idea of settling a Belarusian tenant in the house, then you still won’t get benefits, alas.
Do I need to provide data on where the funds for the purchase of a house come from?
In accordance with the Law of the Republic of Belarus “On Declaration of Income and Property by Individuals at the request of tax authorities”, an individual must submit a declaration of income and property at the written request of the tax authority. A written notification is received if the tax authority has information about the excess of the value of property owned by an individual and the expenses of this person over his income received from legitimate sources in the amount of at least 250 basic units based on the size of the basic amount established on the day of the establishment of such excess.
This norm applies to both citizens of the Republic of Belarus and foreign citizens (but only if they permanently reside in the territory of the Republic of Belarus).
If I buy a house in Belarus, will it simplify the procedure for obtaining a residence permit?
In many countries, the purchase of real estate greatly simplifies the procedure for obtaining a residence permit, but in the Republic of Belarus — this will not be the basis for simplifying the procedure. Additionally, you can get acquainted with the grounds for obtaining a permanent residence permit in the Law of the Republic of Belarus “On the legal status of foreign citizens and stateless persons in the Republic of Belarus”.
What is the algorithm of actions to buy a house in the Republic of Belarus?
Buying real estate by foreign citizens in Belarus can be a complicated process, and you should follow certain rules and procedures. Below is a general algorithm for buying a house in Belarus for foreign citizens:
Prepare for the process:
- Decide on the budget and requirements for real estate.
- Study the real estate market in Belarus and choose the desired area.
- Contact a lawyer to get the necessary information.
Real estate search:
- Cooperate with a local real estate agency or look for suitable objects yourself, but keep in mind that scammers have not disappeared anywhere and it is better to contact lawyers who will help you not get into trouble.
Legal advice:
- Consult with a lawyer or a lawyer specializing in real estate to understand all the legal aspects of the transaction and check the documentation of the object.
Signing the contract:
- Enter into a real estate purchase agreement with the seller.
- Carefully study and check the terms of the contract before signing it.
Preparation of documents:
- Collect the necessary documents, such as your passport, a permit to stay in Belarus (if necessary), as well as other documents that may be required for the transaction.
Real estate valuation:
- Order a property appraisal from an independent appraiser to make sure the fair value of the property.
Signing of final documents:
- Sign the final documents for the purchase of real estate, including the act of acceptance and transfer and other necessary documents.
Transaction registration:
- Contact the local real estate registration authorities to register the transaction. You must take this important step to officially register your property.
Payment of taxes:
- Make sure that you pay all the necessary taxes and fees in accordance with Belarusian legislation.
Obtaining ownership rights:
After registering the transaction and paying all fees, you will receive ownership of the property.
This algorithm provides a general idea of the process of buying real estate in Belarus. However, rules and procedures may change over time, and you should consult with local authorities and lawyers to obtain accurate information and comply with all necessary requirements and formalities.
Contact us
If you have any questions about buying real estate in Belarus — we will be happy to help you! Our many years of experience in this field will help you in resolving any situations and disputes.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
