Temporary project shutdown in Belarus
If it is necessary to suspend construction of a facility or close down the facility temporarily, we will help register all the required documents, coordinate the procedure with governmental bodies, and, if necessary, hold negotiations with the investor and the contractor, develop and register additional agreements to contracts with them.
Registration of real estate property and land plots in Belarus
Construction, sale and purchase, transfer by gift, pledging, and any other deed with real estate property demands state registration.
The registration procedure includes multiple subtypes depending on the facility, transaction nature, specific features of the owner. Each registration type is accompanied with collection of documents under a separate list.
The lawyer’s task is to advise the client of the consequences of registration, of the risks associated with non-performing the registration, of its cost and terms, and, most importantly, of the documents required for it.
Joint house ownership or management in Belarus
In case there are several owners or users of one real estate facility (an office, a warehouse, an apartment, etc.), the question arises on how to manage the joint property.
Owners must determine the way the joint property will be maintained, the amount of expenses, and how the latter are to be paid.
Firstly, one must clearly determine the composition of the joint property. Secondly, the share of each owner must be determined. Thirdly, the owners must decide on distribution of expenses between them.
The lawyer’s task is not only answering all these questions but also clear registration of mutual understanding between the owners in an agreement, legal determination of the terms of participation of each owner.
Sale and purchase, pledging, lease of real estate property in Belarus
Advising and elimination of risks at conclusion of agreements, support of transactions with real estate facilities (pledging, sale and purchase, lease).
The most popular clients’ requests are registration of amendments and disputable issues in agreements, selection of safe solutions. Here is the example when the seller’s and the purchaser’s risks are eliminated with staged performance of the agreement: step 1 – partial payment, step 2 – notary registration of the agreement, step 3 – final settlement, step 4 – state registration.
Audit of registers (the judicial register, the real estate property register, the notary register) in Belarus
Prior to transaction registration, it is important to verify the legal status of the real estate property and the land plot, if they are the seller’s property, if they are pledged.
The check will prevent the client’s purchasing from a person that has no titles for the real estate facility or powers to perform such transaction and help avoid purchasing the real estate facility with restrictions of sale. Legal registration of the transaction makes it impossible to dispute the acquisition in future.
Reclamation of documents for verification of real estate property and land plots in Belarus
Lawyers advise the client of which documents on the land plot or real estate property must the title holder have before making the transaction and which documents must be additionally verified.
Audit of documents on real estate property and land plots in Belarus
Legal audit helps reveal many hidden risks for the purchaser: if all the necessary permits for land have been obtained timely, if the title-setting documents are registered correctly, which restrictions there are to use land plot, whether the latter is in the protected zone.
Lawyers will help understand the entire history of the land plot creation, obtaining permits for its use and legal registration.
Negotiations with the seller/purchaser of the land plot in Belarus
An important component of a successful deal is negotiations with the counterparty regarding the deal and explaining the risks and the ways to prevent negative consequences to the client and the other party.
Lease of real estate property in Belarus
Lease of an office, warehouse, trading facility is literally the starting point of any business.
Complications often arise when the tenant neither pays nor releases the premises or, vice versa, when the lessor blocks entry to the office. The lawyer’s task is to use the protective mechanisms in the agreement that will allow taking urgent measures to protect the interests before addressing the court. Insurance, security payment are only some of the measures successfully taken by lessors.
Land plot lease in Belarus
The assistance in determination of the package of documents required for conclusion of the lease agreement with consideration of the procedure selected (participation in the auction, addressing the executive body for land plot allocation), interaction with the land improvement service to register the statement of the land plot selection.
Moreover, lawyers will help in developing and concluding the land plot lease agreement with the maximum protection of the client’s interests as well. Land plot lease is often accompanied with additional expenses for the lessee, which the latter learns only at the stage of signing the agreement. For example, the payment for the right to conclude the lease agreement is a surcharge for the lessee.
Registration of land plot titles at unauthorized construction in Belarus
Sometimes, land users do not register their titles for land plots for a long time for various reasons. With that, the continue using the plots and perform construction activities at them. If a land plot is inspected by supervisory authorities, unauthorized preoccupation of the land plot threatens such consequences for the land user as high tax burden and the demand to demolish the real estate facilities built at the plot.
Lawyers will help the client prevent the negative consequences and timely register their titles for the land plot with all the necessary authorities.
Legal expertise at non-target use or unauthorized preoccupation of a land plot in Belarus
Land use is associated with multiple nuances: the activity must be performed strictly within the borders of the land plot allocated and only in accordance with the purpose specified in the lease agreement and the resolution of the executive committee, restrictions set for certain protected zones must be observed, etc.
Arzinger Law Offices will perform complete expertise of the client’s documents for the land plot and will help reveal all risks and other important features that must be considered in the course of using the land.
Allocation of a land plot for a project (investment, energy, etc.) in Belarus
Obtaining a land plot is the first and one of the most important stages of investment activities. It is extremely important to specify such issues as the location and dimensions of the land plot, the limits and the term of its use at the very first stage of interaction with governmental bodies to avoid negative consequences in future.
Arzinger Law Offices will take on negotiations with governmental bodies until the very moment of taking the resolution of the land plot allocation and conclusion of the land plot lease/sale and purchase agreement.
Pre-trial settlement of disputes and support of litigation regarding real estate property and land plots issues in Belarus
Disputes associated with real estate property can often be very sensitive for their parties, as the non-prevailing party is deprived of the titles for its land plot, real estate facility or unfinished construction facility and, therefore, all funds invested in it, as a rule.
Arzinger Law Offices experts will help the client settle the dispute as early as at the stage of the counterparty’s claims, and will ensure secure protection of the client’s interests with the minimum financial expenses in case of litigation.
Settlement of disputes on land plots in Belarus
Disputes on land plots include setting the procedure of using the land plot by third parties, easement registration, forfeiture of the land plot from ownership of third parties, setting new borders between land plots, and their resolution is not always evident. The lawyer’s task is to help determine and claim the rights of the legal user or enforce performance of third parties’ duties.
Recovery of land registration documents in Belarus
The loss of title-setting documents for land plots can bring many problems to the land user, starting from the impossibility to register any deal regarding such plot and finishing with cases of inspections of supervisory authorities.
Recovery of such documents sometimes demands long interaction with registrars and is often associated with the need to submit the proof of the client’s titles for land plots. Arzinger and Partners know all details and peculiarities of this process and will help recover all the necessary documents as quickly as it is possible.
Transfer of real estate property by inheritance or by gift in Belarus
Hereditary transferring of land plot titles has its specific features. Moreover, this is the only way a foreign citizen can became a land owner in Belarus.
Acceptance of an inheritance is associated with addressing a notary and the registrar, registration of documents for the land plot. Qualified legal assistance may help the client avoid such unexpected obstacles as incorrect filling out of documents and omission of the time limit for accession to the heirship.
Support of export financing in Belarus
A Belarusian company can use support in the form of an export loan to increase attractiveness of its goods in foreign markets. The exporter receives the value of the goods immediately after delivery, and the foreign purchaser will pay this value to their bank for several months.
Such scheme reduces the risks of Belarusian companies associated with non-receiving of payment and forced debt collection.
