Claiming Property In Belarus: What Are Your Rights?

Foreigners can buy property in Belarus, but there are some important things to be aware of. While there are no restrictions on the purchase of residential or commercial property, foreign nationals are generally not allowed to own land directly. They can only lease it, usually for up to 99 years. This means that if you buy a house, you will own the building but not the land it sits on.

There are no specific rules that vary according to the country of origin – Belarus treats all international buyers the same. You don't need to live in Belarus to buy property there, and there is no minimum investment threshold for foreign buyers. However, if you're looking into residency by investment, different rules and minimums may apply. Belarus does not offer a direct residency-by-investment program, but owning property could be part of your overall profile when applying for residency.

If you want to buy property in Belarus, you will need a passport, a notarised translation of your passport into Russian or Belarusian, and documents confirming your legal status in the country.

Foreigners can buy property in Belarus

The Process of Buying Property in Belarus as a Foreigner

The process of buying property in Belarus as a foreigner is similar to that of residents. When concluding a transaction, a foreigner must have their passport translated and notarized. If the foreign buyer does not speak Russian or Belarusian, a professional translator must be present during the transaction.

Taxes

There is no tax to pay when buying property in Belarus as a foreigner. However, when selling property, foreign citizens pay income tax at a rate of 13% of the value of the property if they have stayed in Belarus for less than 183 days in the calendar year. If a foreigner has stayed in Belarus for more than six months, they become a tax resident, and one sale of real estate in five years is not taxed.

Visas and Residence Permits

Foreigners who own residential real estate in Belarus are entitled to obtain a temporary residence permit for up to one year, with the right to subsequent extensions. Obtaining a temporary residence permit also allows foreign citizens to move their family members to Belarus and obtain a temporary residence permit for them, provided the foreigner has a legal source of income.

Other Considerations

It is worth noting that the real estate market in Belarus is freely accessible to foreigners, and property prices are reasonable. Belarus also has a high standard of living, with living costs, dwelling costs, the cost of education, and cultural events all lower than in most Western and Eastern European countries.

Foreigners can't buy land in Belarus

Foreigners can buy property in Belarus, but there are some important exceptions and limitations to be aware of, particularly when it comes to land.

According to Belarusian law, foreign citizens cannot own land and only have the right to rent it. So, while foreigners can own residential or commercial buildings, they do not own the land that these buildings are on. This means that when a foreigner purchases a private house with a land plot, they become the owner of the residential building but will use the land based on a lease agreement.

There are some ways for foreigners to gain ownership of land in Belarus. Foreign investors can indirectly exercise ownership rights by creating entities on Belarusian territory, as land plots can be transferred to Belarusian entities, including those with foreign investments. Additionally, foreign citizens can inherit land from a Belarusian relative.

It is also important to note that citizens of the Russian Federation do not face the same restrictions as other foreigners when it comes to purchasing land in Belarus.

Belarus property prices

As of 2024, Belarus has a growing real estate market that is freely accessible to foreigners. The country boasts relatively low property prices, potential for investment, and business opportunities in a developing economy.

Average Property Prices in Belarus

The highest property prices in Belarus are in the capital, Minsk, where the average price per square meter is €1,500. In premium-class new buildings, prices can be twice as high.

In other cities such as Grodno and Vitebsk, property prices are significantly lower, with the average price per square meter ranging from €500 to €800.

Property Types and Prices

Property prices in Belarus vary depending on the type of real estate:

• Apartments in the city center start from $200 per square meter.
• Detached houses start from $150 per square meter.
• Commercial spaces start from $30 per square meter.

Factors Affecting Property Prices in Belarus

While Belarus offers attractive property investment opportunities, there are some factors that can influence property prices and the overall buying process:

• Dual pricing: In some cities like Minsk, locals and foreigners may be quoted different prices for the same property.
• Legal and bureaucratic challenges: There have been reports of bureaucratic delays and challenges in transferring property titles, which can cause issues for foreign buyers.
• Restricted land ownership: Foreign citizens can only lease land from the state and cannot own it outright. This restriction does not apply to citizens of the Russian Federation.
• Historical and cultural preservation zones: Certain areas, especially in historic city centers like Minsk, Vitebsk, and Grodno, have strict regulations on property modifications and renovations, which can increase maintenance and renovation costs.
• Military security zones: Some areas near military installations and strategic infrastructure have specific restrictions on property ownership and development.
• Sanitary zone regulations: Properties near industrial facilities and waste treatment plants may have restrictions on residential construction and renovation due to public health concerns.
• Agrarian land restrictions: There are stringent rules governing the purchase and use of agricultural land, which can impact properties that include or are adjacent to such land.
• Scams and fraudulent listings: As with any real estate market, scams exist in Belarus. It is essential to verify the authenticity of property listings and exercise caution.
• Economic and political factors: The economic and political situation in Belarus, including Western sanctions and mass migration, has led to a pause in the real estate market, with prices falling even in the capital.

Buying Property in Belarus as a Foreigner

Belarus allows foreigners to buy any type of real estate except for land plots. Foreign citizens need a certificate of registration in Belarus, a passport from their country, and a notarized copy of their passport to purchase property.

While the rules and conditions for purchasing property in Belarus are simple and understandable, it is recommended to consult local real estate experts or attorneys to navigate potential pitfalls and ensure a smooth transaction.

How to buy an apartment in Belarus

Finding an apartment

There are several ways to find an apartment to buy in Belarus. You can search for one via the Internet, which is now one of the most popular options. There are several large websites in Belarus where sellers and buyers of real estate place their ads. Alternatively, you can use a real estate agency, which will conclude a contract with you for real estate services and agree with you in advance on the cost of services, usually determined as a percentage of the transaction.

Budgeting

When budgeting for an apartment in Belarus, it is worth noting that prices vary depending on the city and location. For example, in 2014, the price per square meter in the center of Minsk was $1500–$2500, while in other minor cities such as Mogilev, Grodno, Brest, Vitebsk, and Gomel, prices were significantly lower.

Due diligence

If you decide to purchase an apartment without the help of a real estate agent, it is important to conduct due diligence to ensure that the apartment is not under any obligation or arrest. This can be done by yourself through a real estate registration organization, or with the help of a lawyer.

The deal

For the purchase transaction, the seller and the buyer (or their representatives under a power of attorney) must be present. If the buyer is a foreign national, it is necessary to have a notarized translation of the passport, as well as the original passport. Additionally, if the buyer does not know Russian or Belarusian, a certified translator should be present during the transaction. The transaction can take place at a notary or in an organization carrying out the registration of immovable property and typically takes no more than one hour.

Post-purchase

Within a reasonable time after the purchase, you will need to reissue the contracts for utilities such as electricity, water, the Internet, and telephone. This process should take no more than a few hours.

Taxes

If a foreigner owns more than one property, they must pay property tax once a year. The amount of tax can be calculated by visiting the local tax office, and invoices will be sent annually by mail. If you own only one property, there is no need to pay any tax.

How to buy a house in Belarus

Any foreign citizen or legal entity can acquire, own and sell property in Belarus. The law permits owners to hold the land title and use the property for commercial purposes.

Foreigners need to have a certificate of registration in Belarus, a passport from their country, and a notarized copy of their passport. The passport should be translated into Russian and notarized. If you don't speak Russian, a translator should be present during the transaction.

While Belarus has laws to protect property buyers, the application of these laws can be inconsistent. There are also some unique aspects of the property market in Belarus that foreigners should be aware of:

• Dual pricing: Locals and foreigners are sometimes quoted different prices, particularly in regions with limited foreign investment.
• Property titles: You may face challenges transferring the property title due to bureaucratic delays.
• Protected zones: Some properties may be on or near protected ecosystems, which can lead to future restrictions on property use or development.
• Historical significance: Belarus has stringent regulations on altering properties with historical significance, which can result in unexpected costs and legal challenges.
• "Privatization Law": Many apartments are still in a state of "social ownership". Citizens have the right to privatize these apartments for free, changing their status from social to private ownership. If you purchase an apartment that is still under social ownership, the current occupants or their relatives might retain the right to privatize it, potentially leading to legal complications.
• "Dacha Amnesty" law: This law allows for the legalization of properties built or expanded without proper permits. As a foreigner, ensure that any property you're considering has undergone the necessary legalization process to avoid legal issues.
• "Zemelny Nalog" (land tax): In Belarus, land is often leased from the state rather than sold. When buying a property, you're acquiring the building and the rights to use the land, but not the land itself. The land tax is levied annually and can be substantial, so it's important to understand the tax implications before purchasing.
• Military Security Zones: Certain areas in Belarus, typically around military installations and strategic infrastructure, are designated as military security zones with specific restrictions on property ownership and development.
• Sanitary zone regulations: Sanitary zones are areas around industrial facilities and waste treatment plants where residential developments are restricted to protect public health. Properties within these zones may face significant limitations on renovations, expansions, and property value.
• "Agrarian Land" restrictions: There are stringent rules governing the purchase and use of agrarian land in Belarus, which can impact your transaction if the property includes or is adjacent to agricultural land.
• "Historical and Cultural Preservation Zones": Certain areas, typically in historic city centers, are designated as protected zones due to their historical, cultural, or architectural significance. Properties within these zones may be subject to specific restrictions on renovations and alterations, and maintenance and renovation costs may be higher.

The highest real estate prices are in the capital, Minsk, where the average cost per square meter is €1,500. In new premium-class buildings, prices can be twice as high. It is cheaper to buy property in Grodno and Vitebsk, where the average price per square meter ranges from €500 to €800.

Frequently asked questions