Published on and written by Cyril Jarnias
Purchasing, leasing, constructing, or simply occupying real estate in Belarus requires navigating a dense, heavily regulated, and rapidly evolving legal environment. The legal framework combines civil law, land law, urban planning, technical construction rules, mandatory registration of rights, and a set of presidential decrees and government resolutions. For an investor, whether a Belarusian or foreign individual, understanding this architecture is essential to secure a transaction and avoid administrative hurdles or litigation.
A Fragmented but Hierarchical Legal Foundation
Belarusian real estate law is based primarily on the Constitution, which guarantees private property rights and affirms key principles such as the equality of participants in civil relations, contractual freedom, and the inviolability of property. From there, several major legal texts govern the different aspects of the sector.
The Civil Code governs transactions and leases, specifying that rights to real estate take effect on the date of their registration. The recently revised Land Code regulates land use, types of ownership, usage rights, and the conditions for changing the designated purpose of a plot.
For real estate in the strict sense (buildings, housing, infrastructure), Belarus has developed specialized codes. On one hand, the Housing Code governs housing relations: acquisition, privatization, use, utility payments, remodeling, demolition, management of public and private housing stock. On the other hand, a new Code on Architectural, Urban Planning, and Construction Activities (Code 289‑Z) has replaced the old 300‑Z Law of 2004. This text modernizes and simplifies urban planning and construction procedures, integrating most of the norms applicable to the sector.
The regulatory system is hierarchical: the Constitution is supreme, followed by laws, then decrees. A recent or specific text takes precedence over an older or general one. In the technical domain, standards (GOST, SNiP, SanPin) are issued by separate state bodies (State Committee for Standardization, Gosstroi, Gossanepidnadzor). This complex layering governs all real estate projects, from the building permit to the final acceptance.
Who Does What: Ministries, Committees, Registers
The Ministry of Architecture and Construction is the cornerstone of sector regulation. It supervises the construction sector, recommends standard projects for reuse, and leads the implementation of the new Code 289‑Z. Alongside it, the State Property Committee plays a pivotal role in registering real estate and property rights. It oversees the National Cadastral Agency and its regional branches, which are responsible for the actual inscription of all real estate objects in the unified register.
This is the number of levels of local executive committees (cities and regions) that are decisive for authorizing construction and urban planning projects.
The government, through the Council of Ministers, sets many procedures: issuance of competency certificates for project managers, the list of works subject to certification, rules for calculating rents for public property. A specialized body, “Glavgosstroyexpertiza,” conducts the mandatory state expert review of project documentation, a crucial step for any significant project.
Finally, several information systems now structure land and construction management: an electronic urban cadastre, the geoinformation “Gosstroyportal”, the unified register of construction projects, the republican database of analogous objects or project documentation funds. The new Code 289‑Z specifically aims to integrate these tools into a more transparent and predictable framework.
What is Considered Real Estate and How It is Defined
The Civil Code provides the basic definition of real estate, adopted and specified by Code 289‑Z. The real estate category includes land plots, structures (buildings and constructions), preserved unfinished constructions, isolated premises (including housing), parking spaces, and, as a special case, enterprises considered as property complexes.
In the construction domain, the “construction object” is a broad concept. It can be one or several main structures, their constituent parts, associated technical networks, or any other unit classified as real estate. Several well-defined actors and concepts revolve around this object: project documentation (a set of interdependent documents serving as the basis for all work), the developer (the financing client who hires participants), the project developer, the contractor, the engineer, and the project manager holding a competency certificate.
Urban planning is also precisely structured. Urban planning activities include preparing planning documents (state programs, urban development projects), delimiting zones by functional purpose, and establishing urban planning rules that regulate the location, dimensions, and use of land. “Red lines” separate public spaces from buildable land, while “construction regulation lines” delimit the strips within which buildings must be located.
This formalism defines the different phases of intervention on a structure: ‘reconstruction’ changes the purpose, main indicators, or capacity; ‘major repair’ restores technical and usage qualities by replacing or repairing elements; ‘current repair’ covers maintenance work that does not alter the object; ‘improvement’ concerns environmental and site usage enhancements; and ‘demolition’ corresponds to the complete clearing of the land.
State Registration: Without Registration, No Right
At the heart of the Belarusian real estate system is state registration. Every piece of real estate, as well as the rights attached to it and the transactions affecting it, are subject to mandatory registration in cases provided for by law. Belarus has established a Unified Register of Real Estate, Rights Thereto, and Transactions, maintained by the National Cadastral Agency and its subdivisions.
Registration is a legal act that records the creation, modification, or termination of a property right. A right legally exists, is transferred, or is extinguished only upon its registration. For real estate transactions subject to registration, they are considered concluded only at the moment of this registration; otherwise, they are deemed null and void.
The types of property subject to registration cover plots, completed structures or preserved unfinished constructions, isolated premises, parking spaces, but also enterprise complexes treated as complex property. Registered operations range from the creation or disappearance of a property to the emergence, modification, or extinction of a right or easement, including the registration of pledges or other encumbrances.
Contracts for the lease, sublease, or gratuitous use of buildings, premises, or parking spaces are valid upon signing and do not require registration, regardless of their duration. This exception is limited, however; for sales, mortgages, easements, or land leases, registration remains mandatory.
Land Ownership: A Dual and Heavily Regulated System
The land tenure system is one of the major specificities of Belarusian real estate law. Land ownership exists in two forms: public (state) and private. Any land not transferred to private ownership remains the property of the Republic of Belarus. Private land ownership is in principle reserved for Belarusian citizens who are permanent residents; foreigners are subject to significant restrictions, particularly for agricultural, forest, environmental, infrastructure, or strategic lands, which are excluded from private ownership for everyone, including nationals.
Legal entities can hold land as property (under conditions), in permanent or temporary use, or by lease. Use must always comply with the plot’s designated purpose, on pain of losing the right. This use is mandatorily paid for: via a land tax (for ownership or use) or rent (for a lease).
The setting of rents for state-owned land is regulated by the presidency. In practice, lease durations depend on the purpose: for agricultural land, the lease must be concluded for at least ten years; for land intended for construction, its duration cannot be less than the normative duration of the work and/or operation of the structure. In all cases, the maximum lease term can reach 99 years.
For the foreign investor, the primary means of access to land is the lease, often long-term, obtained through tender or by special government decision within the framework of investment projects or PPPs. Direct land ownership is prohibited for foreign legal entities and strictly regulated for foreign individuals, limited to specific cases such as inheritance.
Simplified Overview of Land Rights
| Type of Holder | Land Ownership Right | Land Lease Right | Essential Notes |
|---|---|---|---|
| Belarusian citizen resident | Yes (excluding excluded categories) | Yes | Can own plots for housing, garden, dacha, etc. |
| Belarusian legal entity | Yes (under conditions) | Yes | Private ownership possible, permanent use or lease |
| Foreign individual | Very limited, exceptional cases (inheritance, etc.) | Yes | Ownership mainly via inheritance or Belarusian spouse |
| Foreign legal entity | No | Yes | Land access only via lease up to 99 years |
| State, international organizations | Yes (for the State) | Yes | Strong presence on strategic lands |
Lease and Tenancy: A Central Tool for Making Property Available
The Law on Lease and the Civil Code make leasing a flexible instrument, applicable to all sectors of the economy and all types of property: land, natural resources, enterprises, buildings, premises, equipment, vehicles, even working capital. A lease is defined as the temporary, paid provision of property to a lessee for their economic or other activities.
The right to lease belongs in principle to the owner, including when it concerns foreign persons, or to the entity authorized to manage the property (especially for public assets). State-owned enterprises can lease assets over which they have usage rights, under the supervision of the relevant authorities. Local authorities, through their councils and executive bodies, lease municipal property.
The lease agreement must be in writing. For land and natural resources, specific registration is required. The agreement must specify: the composition and value of the property, the amount and calculation of rent, the duration, the allocation of maintenance and renewal responsibilities, obligations to provide the property in good condition, to use it in accordance with its purpose and to return it, as well as the possibility of purchase by the lessee.
For land and natural resources, the contract includes commitments on the rational use and compliance with the designated purpose of the plot. Rents can be set as a fixed amount or a percentage of the property’s value, in cash, in kind, or in mixed form, but must respect certain minimums (notably not lower than the reference bank interest rate for rents proportional to value).
The lessee’s right of use enjoys protection equivalent to that of the right of ownership, allowing them to claim the property, stop interferences, and seek compensation from anyone, including the lessor. Seizure of leased property for the lessor’s debts is prohibited. The contract is automatically renewed if no party expresses its will to amend or terminate it within the deadlines, thereby strengthening occupancy security and cost predictability for investors.
Building in Belarus: Permits, Expert Reviews, and Certifications
To erect, reconstruct, or demolish a building, a permit is essential. Local executive committees issue the decisions that allow the developer to begin design and construction work. The “package” of permits typically includes an official decision authorizing design and construction, an architectural planning assignment, opinions from coordinating bodies (technical services, sanitary protection, etc.), and technical conditions for connection to utility networks.
Even before the first shovel hits the ground, the project documentation is generally subject to a mandatory state expert review, conducted by “Glavgosstroyexpertiza” on a fee basis. It is only after a favorable opinion from this body and formal approval by the developer that work can begin. For significant projects financed outside the state budget, beyond a certain cost threshold (more than 100,000 base units, according to an old monetary scale), the selection of the contractor must go through a tender in the form of an auction, unless the project is entirely financed by a foreign investor.
The new Code 289‑Z simplifies several urban planning procedures. Regional executive committees and that of Minsk can now authorize certain projects with limited deviations from urban planning documents. The procedure for obtaining permits and executing current repairs is clarified and streamlined. Suspension and mothballing of construction sites are simplified. For the construction or reconstruction of individual houses and 5th complexity class buildings, specific conditions are set, such as removing the requirement to provide a project for a country house.
The Code also more strictly regulates long-term construction sites: the suspension of construction of a residential building can only occur a limited number of times and for a maximum total duration of three months, barring seriously justified reasons, to reduce the phenomenon of never-completed buildings.
Construction Complexity Classes
Belarusian technical regulations classify buildings into several complexity classes. Fifth class (K‑5) structures notably include low-rise individual houses (less than 7 meters), temporary constructions, small kiosks, mobile buildings, garden houses, small warehouses, or certain agritourism structures. For these objects, requirements are relaxed, particularly regarding mandatory certification of certain works and project documentation, which facilitates self-construction or small investment projects.
Certification of Actors and Works
Beyond permits, the system imposes a regime of competency certification and compliance. A specific presidential decree, supplemented by a resolution of the Council of Ministers, lists architectural and construction activities that require a conformity certificate: engineering surveys, development of certain project sections (site plan, architecture, estimates, technical systems), delegated project management and technical supervision services, urban planning design, topographic works, earthworks, structure assembly, network installation, finishing works.
Engaging in these activities without the required certificate is prohibited. However, regulations provide for exceptions for current repair works, interventions on fifth complexity class objects, and services rendered to individuals under individual orders. This modulation seeks to reconcile construction safety with pragmatism for small-scale projects.
Housing: Right to Shelter, Massive State Intervention
Housing occupies a special place in Belarusian real estate law. The Housing Code, supplemented by an impressive series of presidential decrees and government resolutions, governs both occupants’ rights, public support mechanisms for construction, building management rules, subsidies, and rents for state housing.
The stated principles are twofold: protection of the constitutional right to housing and preservation of the housing stock (public and private). The state thus affirms its responsibility in supporting citizens’ acquisition of housing, while favoring access for socially vulnerable persons to social housing. Central bodies (the presidency, the Council of Ministers, the Ministry of Housing and Communal Services) set policy, support conditions, and standards, while local authorities manage municipal rental housing stocks, organize new construction programs, and allocate housing.
Growing Role of Public Rental Housing
The latest reforms illustrate a rebalancing towards state rental housing. A major presidential decree reorganized the procedure for moving into public rental housing, with a clear goal: drastically reducing the time between a building’s acceptance and tenants moving in. While this process could previously take up to 200 days, the stated objective is to reduce the period to 30 business days. To achieve this, the decree moves up the completion of technical inventories before commissioning, compresses deadlines for preparing technical passports, property registration, and public notification, sometimes from several weeks to a few days.
Reforms to the Housing Code allow for the conversion of state rental housing into social housing for persons on the priority waiting list. These tenants would then only pay service charges. The state rental housing stock, already significant, is expected to increase by tens of thousands of square meters annually.
Public Construction Support: Preferential Loans and Subsidies
The policy of supporting housing construction is also highly structured. A recent decree brought together all existing forms of support under a single framework. Three main tools coexist:
Discover the various financial aid schemes for homeownership and household support.
Favorable loans for building or acquiring an individual house, townhouse, or apartment under public order. Open to about twenty population categories.
Non-repayable financial aid for construction or acquisition, intended for specific target groups.
Financial support for repaying preferential loan debts, especially for large families, young couples, or upon the birth of children.
Some categories can combine several of these instruments, reflecting the state’s desire to remain a major player in housing finance. However, safeguards have been introduced: the same beneficiary can no longer participate in shared-equity construction and then apply for a preferential loan to buy an apartment from a public order; they must choose their support channel. Subsidies intended to repay commercial loans are gradually being replaced by loans with reduced interest rates.
In small localities (less than 20,000 inhabitants), the policy also aims to stimulate the existing market: preferential loans can be used to purchase not only new housing built under public order but also second-hand housing, to avoid concentrating all support in major urban centers.
Summary of Main Housing Support Instruments
| Instrument | Typical Beneficiaries | Financed Object |
|---|---|---|
| Preferential Loans | ~21 groups (large families, youth, etc.) | Construction/purchase of houses, purchase of public order apartments |
| One-time Subsidies | ~17 targeted groups | Construction or acquisition of housing |
| Loan Repayment Assistance | Large families, youth, birth of children | Partial repayment of preferential loans |
Specifics for Foreigners: Ownership of Buildings Yes, of Land Rarely
The relationship with foreign investors and purchasers is another key angle of real estate regulations. Regarding buildings themselves, Belarus adopts a rather open approach: non-residents can, in principle, purchase and own apartments, houses, offices, or warehouses. The civil framework provides for equality of participants in civil relations, and the legislation does not distinguish foreigners by nationality for ordinary real estate transactions.
In Belarus, the acquisition of land by foreigners is heavily restricted. Foreign individuals can only acquire land in specific cases (inheritance, joint purchase with a Belarusian spouse, inseparable acquisition with a house, or court decision). Foreign legal entities, foreign states, and international organizations are excluded from land ownership and must use leases or usage rights.
This building/land dissociation is very concrete: a foreigner can become the owner of a house, but will not necessarily own the plot; it will be leased to them by the state or another land rights holder, often via a long-term lease (up to 99 years). In the case of donation, restrictions are even stronger: the law does not allow land to be transferred to foreigners through gratuitous alienation acts, even if they can receive the building as a gift.
The country recently adopted specific rules for nationals of certain states considered unfriendly. These measures include imposing a minimum tax of 25% on the market value for certain disposals of property or shares, as well as the requirement to obtain presidential authorization for transactions exceeding a certain threshold. While not strictly real estate law, these provisions concretely affect the freedom to dispose of certain assets.
Real Estate Taxation: Land Taxes, Rental Income, and Capital Gains
The Belarusian tax system includes several levels of taxation directly affecting property and real estate transactions. The Ministry of Taxes and Duties is the competent authority, and the fiscal year corresponds to the calendar year.
Base rate of land tax for individuals, calculated on the cadastral value of buildings.
Rental income received by individuals is subject to income tax, generally at 13% for residents. For non-residents, the rate can be higher, between 15 and 20% depending on income and applicable tax treaties. Rental income may benefit from the deduction of certain expenses, but the practice is still subject to cautious interpretation.
The sale of real estate is taxable. There is no specific capital gains tax; gains are integrated into income tax (13% for individuals) or corporate tax. The taxable base is the positive difference between the sale price and the acquisition/improvement cost. An exemption is possible if the property was held and used as a primary residence for a minimum period.
Real estate transactions can also generate other mandatory costs: value-added tax (20%) for the sale of new or substantially reconstructed property, registration duties proportional to the property’s value, notary fees, legal fees. The cumulative impact of these items must be anticipated from the project structuring stage.
Access to Data and Electronic Procedures
In a drive for administrative efficiency, Belarus has gradually opened and digitized part of its registry procedures. Based on several decrees and resolutions, individuals and businesses can now submit applications for registration, modification of registry data, registration of ownerless property, or issuance of extracts via a national portal of electronic services, subject to strong authentication (private key certificate, biometric document, etc.).
Processing times are regulated: from 1 to 5 business days for simple registrations (with expedited options), 3 days for data modifications or information requests, and up to 1 month when documents need to be requested from other institutions. These timeframes are a key factor of predictability for real estate transactions and construction projects.
The corresponding costs are set by a presidential decree for individuals and by a resolution of the State Property Committee for legal entities and individual entrepreneurs. They vary depending on the nature of the procedure and the chosen degree of urgency.
Regulation in Motion, Serving Economic and Social Objectives
From the overhaul of the Housing Code to the adoption of the new Code 289‑Z on architecture, urban planning, and construction, through the adjustment of rules for leasing public property or tax regimes, Belarusian real estate law is in continuous transformation. This dynamic responds to several imperatives: rationalizing historically cumbersome procedures, better regulating construction to limit “frozen” construction sites, strengthening occupant protection, but also attracting targeted investments, notably through special economic zones and major projects like the “Great Stone” industrial park.
The sophistication and frequency of reforms in Belarus require increased vigilance. Actors, both local and foreign, must contend with the systematic registration of rights, control of land designations, the cumbersome nature of permits and expert reviews, strict regulation of foreign land ownership, and a combination of taxes and fees, making any improvised approach to the market difficult.
In this context, mastering the main lines of Belarusian real estate laws and regulations is not a luxury: it is the basic condition for securing an acquisition, structuring a construction project, setting up a leasing operation, or making an investment decision, whether it concerns an apartment in Minsk, a warehouse in a region, or a tourist complex in a rural area.
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Cyril Jarnias is an independent expert in international wealth management with over 20 years of experience. As an expatriate himself, he is dedicated to helping individuals and business leaders build, protect, and pass on their wealth with complete peace of mind.
On his website, cyriljarnias.com, he shares his expertise on international real estate, offshore company formation, and expatriation.
Thanks to his expertise, he offers sound advice to optimize his clients' wealth management. Cyril Jarnias is also recognized for his appearances in many prestigious media outlets such as BFM Business, les Français de l’étranger, Le Figaro, Les Echos, and Mieux vivre votre argent, where he shares his knowledge and know-how in wealth management.
