The disposal of real estate is a common cause of disputes involving companies and individuals. Disputes may arise during the construction, rental, purchase and sale of real estate. Real estate transactions require state registration. To understand the issues related to real estate in Belarus, you need the help of an experienced real estate lawyer.
What applies to real estate in Belarus
Real estate in Belarus is an important segment of the real estate market in Eastern Europe. There is a diverse supply of real estate in the country, including residential, commercial and land. Real estate in Belarus includes land plots, buildings, structures, perennial plantings and other property that is firmly connected to the land. The main sign that the property belongs to real estate is that the property cannot be moved to another place without damage to it.
- Residential real estate: A variety of housing is available in Belarus — from apartments in apartment buildings to private houses and country cottages. Among the main cities where you can buy or rent housing, including Minsk, Grodno, Brest, Gomel and others.
- Commercial real estate: In the big cities of Belarus there is also an offer of commercial real estate, such as office space, shopping malls, warehouses, and other facilities.
- Land plots: It is possible to buy or rent land plots for the construction of residential or commercial real estate.
The rules for purchasing real estate in Belarus may vary depending on the type of real estate and the status of the acquirer. There are certain restrictions and specific rules for foreign citizens, so it is always recommended to consult a lawyer or real estate agent before purchasing real estate in Belarus.
What to pay attention to in the contract for shared-equity construction of real estate
When it comes to shared-equity construction of commercial real estate, we mean construction that does not relate to housing construction.
The parties to the contract for the shared—equity construction of commercial real estate are the customer (developer) and the investor (shareholder).
In the contract for shared-equity construction of commercial real estate, we recommend paying attention to a clear description of the shared-equity construction object, the price of the contract, the procedure for changing the price of the contract, the payment procedure under the contract, the timing of commissioning and transfer of the object to the shareholder, the procedure for terminating the contract and returning money to the investor in this case, warranty periods and obligations, etc.
What to pay attention to in the real estate lease agreement
According to the real estate lease agreement, the landlord transfers the real estate to the tenant for temporary possession and use or only use. The contract must describe the property in detail. This means that you need to write down the signs, individual characteristics and features of the property. In particular, the location, the area, for what purposes the property is used.
The amount of rent and the procedure for its payment are important terms of the real estate lease agreement. A private company or individual can set any amount of rent. When renting state-owned real estate, the tenant sets the rent in accordance with the norms of legislation.
What to pay attention to in the real estate purchase and sale agreement
A real estate purchase and sale agreement is concluded only in writing. It looks like a single document signed by the seller and the buyer.
In the contract, it is necessary to specify the value of the property at which it is sold or bought. This amount can be specified in Belarusian rubles or in the equivalent amount in a foreign currency. The price of the property includes the price of a part of the land plot, which the seller transfers to the buyer along with this property.
It is possible to conclude a preliminary contract for the purchase and sale of real estate. In this case, it is necessary to specify the real estate object in it.
When buying and selling real estate, it is necessary to register the transaction and the transfer of ownership of real estate in the territorial organization for the state registration of real estate.
What to pay attention to in case of disputes related to real estate in Belarus
When resolving real estate disputes in Belarus, you should pay attention to several key points. Below are some of them:
- Legal basis: In the event of a dispute, it is necessary to carefully study the legal basis, the conclusion of the contract, real estate documents and other legally significant materials.
- Jurisdiction and competence: It is important to determine which court to apply to resolve a real estate dispute, depending on the location of the object and other factors. It is also necessary to make sure that the chosen court has the necessary competence to resolve the dispute.
- Evidence: Evidence plays an important role in resolving a real estate dispute. It is important to collect all the necessary documentation, certificates, expert opinions and other evidence confirming your rights to real estate.
- Consultation with professionals: In the case of resolving real estate disputes in Belarus, it is advisable to seek help from lawyers specializing in real estate, or from specialists in alternative dispute resolution. They can help clarify the legal aspects of the dispute and provide the necessary recommendations.
- Mediation and alternative dispute resolution: Instead of litigation, mediation or alternative dispute resolution methods may also be considered. Perhaps this will allow us to find a faster and cheaper solution to the problem.
Based on the above points, it is important to carefully approach the resolution of real estate disputes in Belarus, seeking professional help and examining all the circumstances of the case.
How we can be useful in resolving real estate issues
Our lawyers and attorneys are experienced specialists in the field of real estate and speak English. We can:
- Advise you on the acquisition, alienation, construction and rental of real estate;
- Prepare documents for registration of contractual relations in the field of real estate;
- Advise you on controversial issues related to real estate;
- Represent your interests in the design of contractual relations in the field of real estate;
- Represent your interests in court when resolving disputes in the real estate sector.
Contact us
If you have any questions in the field of real estate – we will be happy to help you! Our many years of experience in real estate 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.
