Construction and maintenance of residential buildings/apartments

Preliminary approval of the location of the land

Preliminary approval of the location of the land for construction and maintenance of the facility is the initial stage of the land allotment procedure.

In order to choose the location of the land, the local district executive committee creates a special commission that will deal with this issue. For its work and consideration of the possibility of choosing a land plot for the stated purposes, the land management organization draws up land cadastral documentation. Such documentation is drawn up on the basis of the instructions of the district executive committee and the contract agreement, which they conclude with a person interested in the allocation of the land plot.

After the commission considers and selects the location of the land plot, an act is drawn up in accordance with the form established by the State Property Committee of the Republic of Belarus, which is then approved by the chairman of the district executive committee and, if necessary, agreed with the chairman of the regional executive committee. This document becomes the basis for the design and survey work, and in the future, the development of the project for the construction of the facility and the documentation for it necessary for the construction work.

Land plots may be provided without prior approval of the location if:

• they are included in the lists of free (unoccupied) land plots approved by local executive committees;
• they contain capital buildings or apartments in blocked residential buildings.

This item also includes unfinished conserved capital buildings and structures that suffered from damage, fire or other natural disasters, which belong to citizens, individual entrepreneurs (IP), legal entities on the basis of ownership. Another legal basis, for example, a contract, a court order, etc., can also be a confirmation of rights. documentation.

Land acquisition and provision

One of the stages of the procedure for providing a land plot is the development of a project for its allotment, which justifies the size and boundaries of the future plot, taking into account the requirements that are established as part of the rational use of adjacent land plots. The land allotment plan also defines the composition and quality of land, the easement, restrictions on the rights to use the site, the terms and conditions of its use.

In addition, the project calculates the actual losses incurred by the land user, the conditions for using the fertile soil layer on the plot, the right to cut vegetation on it and its further use, the conditions for restoring disturbed land reclamation systems, and information regarding the cadastral value of the land plot.

The development of a project for the allocation of a land plot with the establishment of its border on the ground is carried out by the land management organization on the basis of instructions from the local executive committee and a contract agreement concluded by this organization with the person concerned, at the expense of its funds. In addition to the development of a project for the allocation of a land plot with the establishment of its boundary on the ground, the contract may provide for the organization of land management services to apply for registration actions in relation to the land plot.

The development of a land allotment project is based on:

• materials of preliminary approval (if such work was carried out);
• copies of the master plan of the construction project (together with utilities), agreed in the prescribed manner with the relevant authorities;
• schemes of the project plan for the district of individual housing development with the formation of the primary engineering and transport infrastructure;
• copies of a document that contains identification information about a citizen, legal entity;
• documents confirming the ownership of real estate (if any);
• other documents provided for by the procedure.

Establishment of the border of the land

Work on establishing the border of the land is carried out in order to determine the geometric dimensions and location of the border of the land. The boundary of the land, set on the ground with fixing its turning points with boundary marks, is a fixed border. The boundary of the land plot, established by cartographic materials, without fixing its turning points with boundary marks on the terrain, is an unfixed border.

The work on establishing a fixed border of the land is carried out by the geodetic method, and the work on establishing the fixed border of the land is carried out by the cartometric method. Work on establishing a fixed border of the land provides the opportunity for subsequent restoration of this border.

A citizen who is interested in providing a land plot shall apply to the local executive committee at the location of the requested land plot with a request for such a land plot. The establishment of a boundary on the ground is carried out by the land management organization on the basis of instructions from the local executive committee and a contract agreement concluded by this organization with the person concerned, at the expense of its funds. Familiarization of persons present during the establishment of a fixed border of a land plot in the area with the established border is carried out by visual observation of the turning points of the border of the land plot.

If, when establishing the boundary of the land plot, signs of unauthorized occupation of land plots (capital structures (buildings, structures) are located on the land plot, fences, their parts that do not belong to the candidate for copyright holders in relation to the land plot, or erected by them unauthorized (reconstructed), as well as inconsistencies in the actual use of the land plot with its intended purpose, the contractor shall notify the local executive committee in writing of the indicated facts to take measures in accordance with the law, while further work to establish the boundary of the land plot is terminated.

Restoration of the fixed border of the land

The restoration of the fixed border of the land consists in finding the location of the turning points of the previously established geodetic way fixed border of the land and fixing, if necessary, the corresponding points with new boundary signs instead of the lost ones.

The restoration of the unfixed boundary of the land plot, as well as the boundary of the land plot established by the aerial photographic and geodetic method, is not performed. In relation to such land plots, at the request of the interested person, work is being carried out to establish a fixed border for the land plot using the geodetic method.

Work to restore the border of the land in case of loss (destruction) of boundary marks and the border provides the location of the border of the land on the ground in accordance with the materials for establishing this border.

Border restoration on the ground is carried out by the land management organization on the basis of a work contract concluded by this organization with the person concerned, at the expense of its funds.

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