Land Amnesty in Belarus: who can legalize the land, and who will take the land

Land amnesty is a mechanism that allows citizens to put in order the documents on the plots that they have been using for a long time, but not legally issued. However, the law has clear limits and limitations. Consultant of the Land Relations Regulation Department of the State Property Committee Evgeny Baturevich explained the key nuances of the procedure in an interview with the Face to Face program on ONT.by.

Who gets amnesty?

Any person can use the mechanism, both physical and legal. The main condition is time.

“Any person, both legal and physical, who admitted the fact of unauthorized occupation before September 1, 2022”, – said Evgeny Baturevich.

The amnesty is not an unconditional recognition of the right. It is necessary to comply with the totality of all conditions determined by law. If at least one requirement is not fulfilled, it is impossible to issue documents.

The cost of the question

Legalization is not free.

Payment to the local budget for the right to legalize is one of the key conditions under which we can legalize the land. The fee is tied to the cadastral value, that is, a person must pay a fee in the amount of the cadastral value of the part of the land he occupied, the speaker said.

The cost of the building is not taken into account. The results of the cadastral assessment are publicly available and approved by decisions of the executive committees for a certain period (usually 2-3 years).

The results of the cadastral assessment are publicly available and approved by decisions of the executive committees for a certain period, usually 2-3 years.

Mandatory conditions for registration

In addition to payment and date confirmation, there are stringent procedures. Executive committees create permanent commissions that check compliance with urban planning, fire and sanitary standards. But even if the rules are met, there is another critical factor.

“There must be the consent of the neighbours. All related land users must give their consent to the fact that the land plot can be legalized, Evgeny Baturevich stressed.

The expert noted that this condition cannot be avoided, since ignoring the interests of neighbors will lead to negative consequences in society.

How do I confirm the date of capture?

The main source of evidence is official data, not personal photos.

“The main source of evidence for this fact is land cadastral documentation. Including we use aerial photography data, explained the representative of the State Property Committee.

Experts compare the registered borders with the actual use of the area through the geoportal of the land information system of Belarus. At the same time, only images are not one hundred percent proof, since there may be legal grounds for using land without state registration.

Where to start the legalization procedure and what will happen to the sites that will not be issued before the end of the amnesty period?

“Everything begins with an appeal to the executive committee and the expression of the will of a person who wants to formalize the land. In the future, the Executive Committee assesses the overall possibility of how this corresponds to the established norms and rules, said Evgeny Baturevich.

He also noted that the unauthorized occupation of land is still an administrative offense.

The representative of the State Property Committee stressed that during the period of land amnesty, it is possible to issue unauthorized land plots.

However, after the expiration of this amnesty, after January 1, 2028, this norm will lose its force and it will be at least more difficult to formalize these unauthorized land plots in some way.

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