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Provided by Chairman of the Membership Committee, Ethics and International Cooperation Belarusian Association "Real Estate"
Are there restrictions on property or land ownership for citizens of your country?
You must be a citizen of the Republic of Belarus to have ownership of land. At the same time, it is not required to reside permanently in Belarus; just having citizenship is sufficient.
Foreign citizens may own land in Belarus only through inheritance from a relative, who held an ownership of the land. Individuals can obtain ownership of land only for certain purposes; for example, for the purpose of construction of a new dwelling or maintenance of an existing one. The size of the land plot for construction and/or maintenance of a dwelling that an individual can purchase is established and enforced as follows: in metropolitan areas up to 0.37 AC, in rural areas – up to 0.62 AC. For private use as a farmland in a rural area, one can purchase a land lot up to 2.5 AC.
Are there restrictions on property ownership for foreigners?
There are no restrictions on the ownership of structures by foreign nationals in Belarus, only the land itself as described above. Foreign nationals can acquire ownership of structures without any restrictions but they can only lease the land that it sits upon. Such transactions can include construction of a new dwelling, purchase or sale of an existing structure or a part of the structure or the exchange of structures.
What is the home ownership rate?
94.15% of residential real estate is privately owned, from which 88.69% is owned by individuals (According to the National Statistical Committee of the Republic of Belarus, December 2017).
Is there exclusive representation in your country? Who is the party represented (buyer, seller, both)?
There is exclusive representation in real estate transactions in Belarus. In most cases, an exclusive contract is signed with the seller.
Who pays the commission fees?
The commission is paid by the party that receives the services from the real estate agent/company. Usually, both the buyer and the seller pay for the services to their respective agents/companies.
Are there licensing laws/government regulation of the real estate industry? If so, what are the renewal/ continuing education requirements?
The government regulates real estate activities in Belarus. To carry out any real estate activities, one must obtain a special permit (license). “Rules of real estate activities” was approved by Decree of the President of the Republic of Belarus of January 9, 2006 No. 15 “On Realtor Activities in the Republic of Belarus”. The certification of Real Estate Agents is carried out by the Ministry of Justice of the Republic of Belarus. Such certificates can be issued to the citizens of the Republic of Belarus as well as foreign citizens permanently residing in the country as long as the following requirements are met:
- have a minimum a four-year Bachelor degree with concentration in Law, Economics or Architecture and Construction.
- pass the certification exam offered by the Ministry of Justice of the Republic of Belarus. Once every two years every real estate agent needs to undergo continuing education under the program provided by the Ministry of Justice.
Is there an MLS or other shared listings site in your country?
Currently there is no standardized MLS in Belarus. There are several smaller databases that exist. The Union of Realtor Reengineering is currently working on developing the MLS system that would mirror the systems currently used in the US.
What is the main property portal for consumer property searches?
realt.by
Do you pay referral fees? If so what percentage of your commission do you pay?
The referral system between agents is not really popular in Belarus among real estate agents. On the rare occasion when there is a referral, the referring agent would receive a flat fee of $500 from the receiving agent.
Describe the real estate transaction process in your country. For example, do you have closings or is the property turned over upon contract signing? Do you have title insurance? Are commissions paid to buyer’s and seller’s agents, only one side, or neither?
In Belarus, real estate agents are engaged not only in the sale / purchase of real estate, but also provide legal services associated with the transaction (checking the history of the property, the accuracy of previous transfers of ownership, etc.)
At the closing of a transaction and after the signing of the proper property transfer paperwork from the seller to the buyer, the transaction is registered at the National Property Appraiser Agency.Title insurance is not mandatory, but can be obtained at the buyer's expense if the buyer wishes to do so. This concept is not yet fully developed in Belarus. Real estate companies do have errors and omissions insurance. In case of problems with the property, which might arise due to an oversight or mistake by a real estate organization, the insurance company pays the damages to the injured party.
The commission is paid by the buyer and/or the seller of the property to the real estate agency that handled the sale of the property. In some cases the buyer would pay a part of the commission to his/her agent for providing the service of finding the right property and handling the buyer’s side of the transaction.
Additional information regarding the Belarus real estate market:
Real estate services in Belarus can be provided only by legal entities (Companies). Realtors and agents can only work as full-time employees and provide services on behalf of a company.Currently in Belarus the commission rates for providing real estate services are fixed. The seller pays a commission fee for the services that are equal to a percentage of the sales price of the property. The rate ranges from 1% to 3%, depending on the price of the property; the more expensive the property, the lower the commission fee. Buyer pays the fees based on the services rendered. For example, property showings costs $58, drafting and negotiating an offer on behalf of the buyer is $116, facilitating the transaction and the transfer of ownership is $174, etc.
Provided by Confederation des Immobiliers de Belgique (CIB)
Published and accurate as of October 2019
Are there restrictions on property or land ownership for citizens of your country?
No
Are there restrictions on property ownership for foreigners?
No
What is the home ownership rate?
The homeownership rate is 72%. Source: www.statistiekvlaanderen.be/eigendomsstatuut
Is there exclusive representation in your country? Who is the party represented (buyer, seller, both)?
Yes – the seller is represented.
Who pays the commission fees?
The seller.
Are there licensing laws/government regulation of the real estate industry? If so, what are the renewal/ continuing education requirements?
Yes – it must be renewed every 10 years.
Is there an MLS or other shared listings site in your country?
No
What is the main property portal for consumer property searches?
IMMOWEB.BE (https://www.immoweb.be)
Do you pay referral fees? If so what percentage of your commission do you pay?
Yes – 4.40 %.
Describe the real estate transaction process in your country. For example, do you have closings or is the property turned over upon contract signing? Do you have title insurance? Are commissions paid to buyer’s and seller’s agents, only one side, or neither?
- Closings by Notary
- Commissions are paid to seller’s agent
- No title insurance – it is done by the notary
Is there any other information the world should know about your real estate market?
In Belgium, we have a very stable, well-regulated market.
Published and accurate as of October 2019
Are there restrictions on property or land ownership for citizens of your country?
There are no restrictions on ownership for Belize citizens.
Are there restrictions on property ownership for foreigners?
There are no restrictions on ownership by foreigners. The law states:
A foreigner has the same rights as a Belizean citizen to property ownership. If you are researching this and come across a reference to an “alien landholding license” or the Alien Landholding Act, please note that the Act was abolished in 2001. And now foreigners have equal property ownership rights. If you’ve done research on other jurisdictions, you know that this is quite rare in much of the Western Hemisphere, and rarer still in developing nations. - Wroebel & Co. Attorneys at Law-
Legal documentation from Belize Govt. http://www.belizejudiciary.org/ Dec. 31, 2011
The procedure to obtain permission to purchase property in Belize for Foreigners:
Requirements:
- The letter of application for the purchase of land in Belize should be sent to the Central Bank addressed to the Manager of the Payment Services and Exchange Control Approvals Department and should contain the following information:
- Name and address of transferee and transferor
- Description of the property
- Type of transfer (sale, exchange, gift or mortgage of any land building or other hereditaments situated in Belize)
- If transfer by sale, state type of currency and sale price of property
- When land is being sold to a non-resident, indicate the payment arrangement for the land, explaining how the foreign currency from abroad will be channeled to an authorized dealer.
The following documents must be attached to the letter of application
- If the transferee or transferor is a natural person:
- Certified true copy or notarized copy of a valid passport of each person
- If the transferee or transferor is a legal entity (usually a company):
- For the foreign legal entity:
- In the case of an Overseas Company registered to conduct business in Belize, a copy of the certificate of incorporation that shows the foreign company’s registration as an Overseas Company in Belize.
- Company formation documents
- Certified true copy or notarized copy of a valid passport of its ultimate beneficial owners
- For the resident legal entity:
- Information provided by Central Bank of Belize: Section 40 of the Exchange Control Regulations
What is the homeownership rate?
Among households owning their home (with or without a mortgage), two-thirds owned the land on which the dwelling unit was located, while about a quarter had their dwellings on leased land. Land ownership ranged from a low of 53.2% in Toledo to a high of 77.4% in the Belize District (This includes Ambergris Caye). Orange Walk had the highest proportion of households on leased land at 32.3%, followed by Cayo with 30.0%.
Belize Population and Housing Census 2010 http://sib.org.bz/census-data/
Note: The next census will be in 2020.
Is there exclusive representation in your country? Who is the party represented (buyer, seller, both)?
Exclusive listings depend entirely on what the buyer and seller decide. There is no standard practice when it comes to exclusivity. The seller is the party represented.
Who pays the commission fees?
The seller pays the commission PLUS the 12.5% general sales tax (GST). The GST is tax paid on the commission. No GST on the actual real estate purchase.
Are there licensing laws/government regulation of the real estate industry? If so, what are the renewal/ continuing education requirements?
No, there are no licensing laws. Real estate agents do not need to be licensed.
Is there an MLS or other shared listings site in your country?
No, there is no MLS system. Individual real estate agents have their own websites, but there is no shared MLS.
What is the main property portal for consumer property searches?
The most commons means of property searches is through organic searches through browsers to find individual developers or real estate agents. Most real estate companies produce and maintain websites with properties that they list. In order to see the widest selection of properties on the market, it is necessary to search as many real estate websites as possible. Since there are few exclusive listings, the same properties may show up on multiple sites. In some cases, the pricing will differ for the same property. It is also common for properties that have been sold to remain on real estate websites.
Do you pay referral fees? If so what percentage of your commission do you pay?
Referral fees are generally paid by real estate agents and developers. They range between 2-5% of the purchase price.
Describe the real estate transaction process in your country. For example, do you have closings or is the property turned over upon contract signing? Do you have title insurance? Are commissions paid to buyer’s and seller’s agents, only one side, or neither?
There are two closing dates in Belize, 1) when the buyer agrees to turn over the property to the buyer based on the payment schedule and 2) when the title is distributed.
- Parties sign an agreement and decide on the payment schedule (it is recommended to use your own real estate attorney although it is not required).
- Deposit is made. Note: There is no formal “Escrow” service in Belize. It is wise to deposit funds with or through your attorney handling the real estate transaction on your behalf.
- Paperwork is registered with Central Bank.
- Lands Department approves the transactions and the buyer receives the LRS number to confirm approval.
- The title is distributed – it may take up to 18 months for the title to be produced.
Real estate agents are paid by the seller and commissions are subject to an additional 12.5% GST (General Sales Tax) on the commission amount also paid by the seller.
There is a standard 8% title transfer fee that is paid by the buyer plus lawyer/admin fees which are an additional 2-3% on average.
There is no title insurance, but there are real estate attorneys who can complete due diligence on the property to ensure there are no liens, that the property is owned by who is selling it, etc. It is highly recommended that all buyers retain an independent attorney working exclusively on their behalf.
Remember: Escrow is also not a formal practice in Belize.
Is there any other information the world should know about your real estate market?
The market is certainly growing, and all buyers are welcome to Belize! Because Belize is a common law country and English is the official language, international buyers are comfortable with the process because they understand it. While the buying process takes a little longer in Belize than in the US, it is a straightforward and streamlined system.
Provided by The Bermuda Chamber of Commerce
Published and accurate as of October 2018
Are there restrictions on property or land ownership for citizens of your country?
Minimum age restrictions apply.
Are there restrictions on property ownership for foreigners?
Yes, ownership by foreigners is restricted and carefully monitored.
What is the home ownership rate?
Based on 2016 Census there are 28,192 dwelling units on the island and the population stood at 62,917. Many people own more than one dwelling unit. Over 25% of the population are foreigners and most are not able to purchase and so there are many rental units which supply this market, as well as supplying locals rental demands.
Is there exclusive representation in your country? Who is the party represented (buyer, seller, both)?
The brokers and agents all work for the seller and owe fiduciary duty to the seller.
Who pays the commission fees?
Generally speaking the seller pays the commission however Net sales happen in which the buyer will pay the commission.
Are there licensing laws/government regulation of the real estate industry? If so, what are the renewal/ continuing education requirements?
Yes, there are licensing laws in effect. All brokers and agents have to be licensed. Licenses are renewed in September each year. A new regulatory framework was put into place in 2017 and Bermuda Real Estate came into scope for AML/ATF purposes and this includes requirements for continuing education.
Is there an MLS or other shared listings site in your country?
Not at present. Listings are shared using a recognised system of co-brokers.
What is the main property portal for consumer property searches?
Property Skipper (privately owned portal) https://www.propertyskipper.com/bermuda
Do agents pay referral fees? If so what percentage of your commission is paid?
Referral fees are paid to overseas referring brokers generally this is a commission of 15% for the side of a transaction in which they are involved.
Describe the real estate transaction process in your country. For example, do you have closings or is the property turned over upon contract signing? Do you have title insurance? Are commissions paid to buyer’s and seller’s agents, only one side, or neither?
After an accepted offer Sale and Purchase Agreements (SPA) are drafted and approved by each party’s attorney. A Purchaser may request to have a structural survey done but it is not a general requirement of sale. Once these are agreed they are signed by all parties and a 10% deposit is lodged. These contracts are then stamped and distributed. After various legal searches the property is scheduled to close on the agreed date. Immediately after closing funds are transferred to the seller’s attorney for distribution and commission is paid to buyer and seller brokers.
Additional information about the Bermuda real estate market:
The market is stable and driven by market forces of supply and demand.
Provided by SECOVI-SP and COFECI
Published and accurate as of 2018
Are there restrictions on property or land ownership for citizens?
There are no restrictions for Brazilian citizens.
Are there restrictions on property ownership for foreigners?
Urban areas – no restrictions for foreigners.
Rural areas – some restrictions: non resident foreigners can buy rural areas if they intend to live in Brazil ( max. three years from date of purchase).
Areas close to international borders and some coastal lands: restrictions to foreign buyers.
What is the home ownership rate?
According to the IBGE (Brazilian Institute of Geography and Statistics) that performs the PNAD (National Survey by Household Sample), there are a total of 60 million houses in the country, which represents 88% of the total domicile in 2015.
Of the 60 million houses, 16% are rented, 7.5% are assigned, 76.2% are owned and 0.3% are in other conditions of occupation.
Is there exclusive representation in Brazil? Who is the party represented (buyer, seller, both)?
Most Brazilian real estate agents don’t practice exclusive representation. This is slowly changing, as some franchisees (Re/Max, Century 21...) are introducing that practice.
Both parties may be represented, but usually the seller is in most cases.
Who pays the commission fees?
Usually the sellers.
Are there licensing laws/government regulation of the real estate industry? If so, what are the renewal/ continuing education requirements?
Yes. The Real Estate Agent profession in Brazil has a specific law (6.530/1978) that gives the general standards of performance and licensing. The license is granted by a Federal Autarchy (COFECI/CRECI System), which has headquarters in each of the 27 states of the country and establishes, through Resolutions, the main working guidelines and the Code of Ethics. Academic requirement: after a full second degree, a short specific course and a final exam, which lasts around 6 months and a professional internship, assisted by an accredited broker.
Is there an MLS or other shared listings site?
There is no MLS in Brazil. There are several real estate portals from private companies.
What is the main property portal for consumer property searches?
ZAP-VIVA REAL
Do agents pay referral fees? If so what is the commission percentage?
Referral is not common in Brazil. When two agents work together (one representing the seller and the other, the buyer), the comission is shared (fifty/fifty), unless another deal has been negotiated.
The antitruste laws in Brazil don’t allow the real estate agents to have a set comission percentage. It usually varies between 3% and 6%, and is paid by the seller.
Overview: Real Estate Transaction Process
All documents are printed in Portuguese. The first document is a contract, wich expresses the description of the property and the conditions of the payment.
After that, buyer and seller go to a notary office (“cartório” or “tabelionato”), where the notary will print the “Escritura” and the payment might be completed.
The next step is to register the “escritura” at the “Registro de Imóveis”, another Notary Office.
Only then, the transaction is concluded.
Other relevant information about the Brazil real estate market:
Brazilian real estate has huge potential, either because of the housing deficit (7.7 million) or because of the high number of rented properties.
The Exchange rate is usually good for foreign buyers with strong currencies, like the USD and Euro.
Provided by National Real Estate Association (NREA)
Published and accurate as of October 2018
Are there restrictions on property or land ownership for citizens of your country?
No.
Are there restrictions on property ownership for foreigners?
No. Only for the land - This ownership is allowed only for the citizens of the European Union or through a company registered in Bulgaria.
What is the home ownership rate?
About 85-88 % - actual statistics by Eurostat.
Is there exclusive representation in your country? Who is the party represented (buyer, seller, both)?
The exclusive representation is not well developed as there is no regulation of the business in the country. But it is a practice - it could be from each one party or both of them.
Who pays the commission fees?
In Bulgaria the commission is paid by the seller or the buyer or both parties - no limit, no regulation. If one broker represents both parties he/she is free to charge each of them for commission. If each party is represented from a personal broker, each client pays to his/her representative.
Are there licensing laws/government regulation of the real estate industry? If so, what are the renewal/ continuing education requirements?
No regulation, no licensing. There is a state diploma which is not obligatory. The education can be provided by each one registered Educational center, the exams as well. But in the reality only the National Real Estate Association provides exams and serious education. The diploma is for life, as it is not a license.
Is there an MLS or other shared listings site in your country?
In the country there are several mail Real Estate portals - opened for professionals and owners as well / mixed /. There is no limit to publish ads in this portals which create a lot of problems for the professionals and ethical business.
The National Real Estate Association together with a private technology company is working on a project for professional MLS limited only for professionals and portal also limited for professionals, banks, developers and public sales. It is expected to be in action till the end of 2018.
What is the main property portal for consumer property searches?
Do agents pay referral fees? If so what is the commission percentage?
There is a practice for referrals but it is not common because each party pays a commission in many of the cases. It is more acceptable for collaboration between brokers working in different cities - they pay 20-30% referrals when exchange offers or clients, because it is difficult to manage the process of selling or buying if your business is not based locally.
But for the purpose of MLS the National Real Estate Association is trying to educate brokers and agents to use referrals as a good practice. It is connected as well with some market practice changes as: to educate the clients why the seller shall pay 6% commission instead of the common one of 3% and how to educate the brokers if they get referrals from co-brokers do not get commission from the client.
This process is very difficult because there is no professional regulation and already the market is in some practice. But the advantage of NREA in the last 4 years is high and we believe with the support of NAR and CEPI we will put in some regulation the professional and market relations.
We expect the new technology changes to reflect on the relations between clients and professional and NAR’s support will keep us informed on future trends and how to protect our profession and business.
Describe the real estate transaction process in your country. For example, do you have closings or is the property turned over upon contract signing? Do you have title insurance? Are commissions paid to buyer’s and seller’s agents, only one side, or neither?
In Bulgaria the obligatory document to turn over the ownership is the notarial deed. If the property is acquired by judgement the verdict must be registered in the Notarial service structure / Registry agency. For public sale in case of bad credits or litigation the issued document also must be registered in the Registry Agency.
In Bulgaria there is no title insurance. The notary has a professional insurance.
The commission is paid as referenced above.
Additional information:
The once strong and real professional association in the country is the National Real Estate Association. All the professional members of NREA work under ethical standards which have been updated in 2018. NREA is a member of NAR, CEPI, FIABCI, IESC, Bulgarian Chamber of Commerce and Industries and has a close relationship with the Russian Guild of Realtors, АСНУ, Serbian Real Estate Cluster, and others. NREA has 26 years of history, public respect, journalist and institutional support and international positive reputation. Our members growing and we try to educate them in more ethical practice.