Rental of property
05.05.2017 | 09:53
Lease relations in the Republic of Belarus are regulated by the Civil Code of the Republic of Belarus, Decree No. 150 of the President of the Republic of Belarus of March 29, 2012 "On Certain Issues of Lease and Gratuitous Use of Property" (hereinafter - Decree No. 150), Presidential Decree of July 4, 2012 No. 294
"On the procedure for disposing of state property," separate resolutions of the Government of the Republic of Belarus, decisions of local Councils of Deputies,
The lessors of immovable property in state ownership are:
• republican government bodies, their territorial bodies and other state organizations subordinate to the Government of the Republic of Belarus, the National Bank, the Administration of the President of the Republic of Belarus, the Office of the President of the Republic of Belarus, the Investigation Committee, the National Academy of Sciences of Belarus, other state bodies and other state organizations subordinated to To the President of the Republic of Belarus, their territorial bodies, the General Prosecutor's Office, territorial and specialized Office of Public Prosecutor, State Service of Medical Forensic Expertise, bodies of the State Control Committee, local executive and administrative bodies;
• republican and municipal unitary enterprises, institutions, administrations of free economic zones, other organizations for which real estate is fixed on the right of economic management or operational management;
• joint-stock companies established in the process of transformation of republican and municipal unitary enterprises, and republican state-social associations, to which immovable property is transferred for free use.
The main tenants of real estate are legal entities and individual entrepreneurs.
Lease of immovable property is carried out by lessors in agreement with a higher government authority or a lender (in relation to the unrestricted use of immovable property transferred to joint-stock companies under a contract).
The lease of capital structures (buildings, constructions), isolated premises, car places is concluded for a period of not less than three years. The conclusion of such contracts for a period of less than three years is allowed only with the consent of the tenants.
The lease agreement must be concluded in writing. The approximate form of the lease agreement was approved by the resolution of the State Property Committee of June 27, 2012 No. 22.
The lease payment is established in accordance with the Regulations on the procedure for determining the amount of rent when leasing out capital buildings (buildings, structures), isolated premises, car places, parts thereof, approved by Decree No. 150, and paid in Belarusian rubles based on the base rent The amount set on the day of payment. The amount of the basic rental value is annually established by the Council of Ministers of the Republic of Belarus taking into account the change in the consumer price index for the previous year in relation to the previous one and is applied from April 1 of the year in which it is established.
The rent is set at a rate that covers the actual costs of depreciation of the property, payment of all types of taxes, fees and other mandatory payments to the budget, as well as making a profit.
In order to stimulate the development of production and provision of services in small and medium-sized cities, as well as in rural areas, a number of additional lowering coefficients are applied to the basic rate of rent.
In the Republic of Belarus, uniform approaches to
Lease of capital structures (buildings, structures), isolated premises, car places, their parts, located in the republican and communal ownership.
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