Belarus (2020)

The legal framework governing the processes of involuntary resettlement in the Republic of Belarus includes the following four key legal acts:

The Decree of the President of Belarus of 2 February, 2009 n°58 “On certain measures to protect the rights of citizens during expropriation of land plots for state needs” hereinafter the “Expropriation Decree N°58”;
The “Regulation on the Procedure for Exercising the Property Rights of Citizens and Organizations during Expropriation of Land Plots from Them”, approved by decree of the President of Belarus dated 13/05/2009, hereinafter the “Property Expropriation Regulation”;
The Housing Code, Articles 84, 140 (as amended in 2019);
The Law on Social Protection of Disabled People dated 11.11.1991, No. 1224-XII, article 32.

In summary, the “Expropriation Decree N°578” establishes entitlements in case of expropriation for public needs, while the “Property Expropriation Regulation” establishes applicable processes and procedures for such expropriation.

Expropriation Decree n°58

It establishes entitlements due to citizens upon expropriation for State needs (Article 4), which are as follows:

o Either ownership of an apartment of “typical consumer qualities”, as well as if the market value of the provided apartment is less than the market value of the residential building or apartment to be demolished, buildings, structures and plantings attached to them monetary compensation in the amount of this difference;

o Or monetary compensation for the demolished house or apartment, buildings, structures and spaces with them the size of their market value but not less than the amount of expenses necessary for the construction of equivalent houses or apartments, buildings, construction.

The local executive committee notifies the affected owner of a proposal stating the compensation rights above.

It is important to note upfront that in principle these entitlements as described above establish the principle of in-kind compensation, as well as monetary compensation at market value or replacement value if the market value is inferior to the replacement, thereby fulfilling IFC’s requirements of offering a choice of either in-kind compensation, or monetary compensation at full replacement cost.

The Local Executive Committee in the presence of objective possibility, as confirmed in the General plans of cities and other settlements, urban planning projects, detailed planning, approved in accordance with the law, is obliged to offer the owner of a residential building in addition to the rights referred to above, the implementation of one of its rights to:

o construction and (or) acquisition of ownership of a residential building, buildings, structures and plantings attached to it (shares in the right of common ownership of the corresponding real estate), equivalent in terms of landscaping and total area to the demolished ones;

o transfer and restoration of demolished residential buildings, buildings, structures and plantings attached to it.

Land users have to be provided with a similar land plot under similar ownership or usage regime.

In Minsk city, the following specific provisions apply in addition to the ones above: the Minsk Executive Committee prior to a decision on the seizure of land plot for state needs shall notify the owner of the demolished houses that, in addition to the rights listed in paragraph 4 of this Decree and the first part of this paragraph, the owner can obtain property rights for the construction and maintenance of residential homes in any given locality of the Republic of Belarus and/or monetary compensation as provided in Article 4.

Compensation is also due (Article 7, first part) for the following:

o The cost of the move, including a change of residence within the Republic of Belarus;

o The cost of the temporary use of other residential premises, until the provision of a residential house, apartment in accordance with this Decree;

o The cost of registration of ownership of the provided residential building, apartment;

o The cost of registration of documents in respect of the land plot provided in return for the withdrawn one, and the rights to it.

In cases (Article 7, second part) where the structure that is subject to demolition is not completed or is not registered in the prescribed manner, their owner is entitled to damages, the amount of which is determined in the manner prescribed by law. In addition, the expropriation of the land plot entitles the owner regardless of registration or completion of the structures to a replacement land plot of equivalent properties.

This Decree therefore meets some key aspects of IFC’s PS5:

o Option between in-kind compensation (replacement property) or monetary compensation at full replacement value;

o Option for Minsk residents to look for a replacement property outside of Minsk;

o Coverage of transaction cost and cost of moving, including transitional cost if temporary relocation is warranted;

o Eligibility to damage compensation for owners of incomplete or unregistered structures.

Property Expropriation Regulation

This legal act mainly deals with processes and procedures, establishes responsibilities and appeal mechanisms.

13. The expropriation of a land plot requires two main procedural steps:

o The decision on the upcoming acquisition of a land plot for state needs

o The decision to acquire a land plot and provide it to the developer.

Decision on the upcoming acquisition of a land plot

The decision on the upcoming acquisition of a land plot for state needs and the demolition of real estate objects located thereupon (hereinafter “the Decision”) is made by the local executive committee. The Decision for this project is presented in Annex 5. Once the Decision is taken, the following steps are mandated by the Property Expropriation Regulation:

o Within three working days after the Decision, the local executive committee sends by registered mail a copy of the specified decision to the owners of the objects to be demolished, indicating the grounds for such acquisition.

o At the same time, the local executive committee notifies of the Decision notary offices, notary bureaus, the relevant territorial organization for state registration of real estate.

o The owner then has the right, in accordance with the legislation, to carry out state registration of previously unregistered real estate located on the acquired land plot, with the exception of those built without authorization, as well as to issue a title deed for the land plot in the prescribed manner.

o According to article 6 of the Regulation, after receiving a copy of the Decision, the owner of the demolished real estate object is not allowed to divide it, sell, exchange, donate, transfer in rent, make other alienation of the real estate, or transfer it in pledge without the consent of the local executive committee, which made the Decision.

o In accordance with article 7 of the Regulation, if the owner of the demolished real estate object chooses one of the rights provided for in article 4 or 5 of the Decree, he submits an application to the local executive committee. This application must be submitted by the owner within a month from the date of receipt of proposals for the exercise of his rights provided for in paragraphs 4 and 5 of the Decree.

o According to article 8 of the Regulation, if the application is not submitted on the established time or between the owner of the demolished real estate and the local executive committee, if the person does not agree on the choice specified in paragraph 4 or 5 of the Decree, or if the owner does not agree with the amount, method and (or) conditions for compensation for losses incurred by him, the local executive committee prepares a Minutes of Disagreement, which is to be signed by the owner and the official authorized by the relevant local executive committee, or the person to whom the land plot is to be provided.

o Within two weeks from the date of signing the Minutes of disagreement, the local executive committee or the person to whom the land plot is provided can apply to the court with a claim to buy out the real estate or to evict the owner, his family members and other citizens who have the right to own and use this real estate, subject to the provision of other real estate objects that meet the requirements of this Regulation and the Decree approving this Regulation.

o The Decision is normally valid for two years.

Decision to acquire a land plot and provide it to the developer

The decision to acquire a land plot and provide it to the developer can be made by the local executive committee only upon completion of all procedures above, including either reaching agreement with the owners or after the entry into force of the court order confirming expropriation.

Housing Code

Generally, the Housing Code confirms provisions of the Decree and the Regulation presented above.

The Housing Code provides that:

o The eviction of citizens from residential premises is allowed only on the grounds provided for by the Housing Code of the RoB and other legislative acts (Article 84, paragraphs 1-4).

o Citizens expropriated from residential premises are simultaneously provided with other residential premises within the given settlement; housing in another settlement can be provided to a citizen only subject to his/her consent (Article 84, paragraphs 1-4).

o The local executive and administrative body or, by its decision, the person to whom the land plot is provided shall, prior to making a decision on the acquisition of the land plot for state needs, propose and provide one of the following (confirmation of entitlements in Decree, see above paragraph 31):

In the event that the market value of the housing provided (including all buildings, structures, plantings) exceeds the market value of the housing subject to demolition (also including all buildings, structures, plantings), the difference in their value is not collected from the owner.

The total area of a typical apartment received into ownership must be at least the total area of housing subject to demolition, or, with the consent of the owner, may be less than the total area of a residential building (apartment) to be demolished, but not less than the total area determined based on the calculation of at least fifteen square meters per owner and per each member of his family registered at the place of residence in the housing subject to demolition.

When determining the size of the total area, tenants and citizens who have been granted the right to own and use a residential building (apartment) after receiving a copy of the Decision (with the exception of the owner and the spouses, minors and adult disabled children, disabled parents of both the owner and his family members, who, in the prescribed manner, have been granted the right to own and use the dwelling) are not taken into account.

If it is impossible to provide ownership of one standard apartment of not less than the total area defined by part one of this paragraph, the owner may be given ownership of several standard apartments.

Citizens who, in accordance with legislative acts, have the right to additional space in excess of the established minimum norm for providing the total area of living quarters, are provided with additional space in the form of a living room or in the amount of fifteen square meters of the total area.

Law on Social Protection of Disabled Persons

Article 32 of the Law on Social Protection of Disabled Persons dated 11.11.1991 establishes guarantees to ensure adequate housing and consumer services for disabled people, namely, the needs of disabled people for the allocation of living quarters to them near their work, place of residence of their relatives, organizations involved in the rehabilitation of disabled people are taken into account. Disabled people, as well as families, at their request, are given housing on the lower floors (no higher than the third) or in houses with elevators.

Key gaps against IFC PS 5:

1. Consultation

Under local legislation individual negotiations are required but in practice there are usually information meetings on a community level.

2. Disclosure

The Decision on Expropriation is disclosed to individual property owners and on the public website by the Local Executive Committee.

3. GRM

There is no formal requirement to set it up, however, in practice the local executive committee is dealing with complaints for local residents.

4. Entitlements

Local legislation allows for in-kind compensation. If compensation is paid in cash, it must allow for replacement of lost property. Informal users are usually not compensated and any renters or non-owners of municipal housing would be eligible to social housing under similar conditions.

5. Cut-off date

The Belarus expropriation date specifies this.

6. Vulnerable people

Disabled people are considered vulnerable under national legislation but other categories of people vulnerable to project impacts are not included.

7. Baseline socio-economic information

No provisions under national legislation

8. Livelihood restoration

No provisions under national legislation

9. Planning documentation

No provisions under national legislation

10. Monitoring and evaluation

No provisions.