Buying property in Belarus as a foreigner: what is allowed, what to check, what can go wrong

What a foreigner may own

Under the law on the legal status of foreigners, foreign nationals may own property in Belarus, inherit it and leave it by will. In practice this means you may buy an apartment, a house, a garage or commercial premises on the same contractual terms as a Belarusian buyer.

Two rules apply to any property located in Belarus regardless of the buyer's citizenship. First, contracts for property registered in Belarus are governed by Belarusian law, and its form must meet Belarusian requirements. Second, disputes about real estate located in Belarus may be heard only by Belarusian courts.

Ownership of a dwelling in Belarus is also one of the grounds for a temporary residence permit. It does not by itself give permanent residence.

How the purchase works

1. Contract. A sale of real estate is concluded in writing as a single document signed by both parties; otherwise it is invalid. The contract must identify the property precisely and state the price. Without an agreed written price or a precise description, the contract is considered not concluded.
2. Handover. The property is handed over under a transfer act signed by the parties.
3. State registration. Ownership passes to the buyer only after state registration of the transfer in the unified state register of real estate. Until then, as far as third parties are concerned, the property still belongs to the seller.

You do not have to be in Belarus for the whole process. A representative can act under a power of attorney. A power of attorney issued abroad is valid if its form meets the law of the place of issue or Belarusian requirements. In practice it should be notarised and translated into Russian if it is in another language. A power of attorney certified by a notary in a country that is a party to the CIS conventions on legal assistance, such as Russia or Kazakhstan, needs neither an apostille nor legalisation; from other countries it needs an apostille or, where the Hague Apostille Convention does not apply, consular legalisation.

What to check before the deal

• The register. The registration authorities provide information on the current rights and encumbrances on a specific property: who the owner is, whether there is a mortgage, an arrest or other restrictions.
• The seller's authority. Identity, the documents on the basis of which the seller acquired the property, and powers of attorney if a representative signs.
• Co-owners and spouse. Disposal of jointly owned real estate requires the written consent of all co-owners, including a spouse if the property was acquired during marriage.
• Who lives there. Family members of the owner who consented to the sale but are not listed in the contract as keeping a right to live there can be evicted through the court. Some residents, however, keep their rights after a sale, so the list of registered residents and the grounds of their residence must be checked.
• Minors. If children own a share or live in the property, additional permissions may be needed.
• Land and buildings. For a house: the right to the land, its boundaries and permitted use, and whether the actual buildings correspond to the registered ones.
• Debts and payment. Utility debts, and a payment scheme that complies with Belarusian currency rules and is tied to registration of the transfer.

Typical risks

• paying the full price before registration and then facing a seller who avoids it. A court can order registration, but this takes time;
• registering the property in the name of a Belarusian friend or relative "to make it simpler". Legally, the owner is the person in the register;
• a sale without the consent of a spouse or co-owner, which may later be challenged;
• buying a house without understanding the status of the land under it;
• residents who keep the right to live in the property after the sale.

I check the documents, request the necessary information, draft or review the contract, and explain every clause in English. The contract and documents for the registration authorities are in Russian.