The process for obtaining a permit for short-term rentals in Belarus, or "karotkatermínovaya arénda," involves a series of regulatory steps overseen by local authorities. Here is a general outline of the requirements and documents needed for compliance:

1. Property Registration

• Register with Local Authorities: The property intended for short-term rental must be registered with the local office of the Citizenship and Migration Department (CMD).
• Required Documents:
  • Valid identification or passport of the property owner.
  • Proof of property ownership or a lease agreement for long-term rentals.
  • Completed registration application form provided by the CMD.

2. Permit Application and Associated Fees

• Application Fee: A state fee is typically required for the processing of the short-term rental permit application. The exact fee can vary, so it’s advised to check with the local CMD for up-to-date information.
• Zoning Compliance: In some cases, additional documentation may be needed to confirm that the property is in a permitted zone for short-term rentals.
• Safety and Health Compliance: Documents proving that the property meets safety and health regulations (such as fire safety certificates) might be requested.

3. Tax Declaration

• Tax Obligations: Income from short-term rentals must be declared to the local tax authorities. Tax rates vary depending on location and property type.
• Tax Registration: Property owners may need to register for tax reporting related to rental income.

4. Guest Registration (For Foreign Guests)

• Mandatory Guest Registration: Foreign guests staying longer than five days must be registered with the local CMD by the property owner.
• Procedure: Registration can be completed online through the Unified Portal for Electronic Services or in person at the CMD office.

Yes, host must consider local regulations and homeowners' association (HOA) rules, which may impose additional requirements or restrictions on short-term rentals.

While there is no legal requirement to obtain permission from neighbors, maintaining open communication with them is advisable. Informing neighbors about your short-term rental plans can help prevent potential disputes and foster a harmonious living environment.

In Belarus, for short-term rental income, local taxes applicable to individual entrepreneurs (IPs) include a single tax if they opt for a special tax regime. Here’s a breakdown of relevant information:

1. Single Tax: The single tax is available to individual entrepreneurs, covering income from services provided directly to individuals for personal use. This regime applies to rental services unless otherwise specified by the Tax Code. The tax base and rates are determined by the activity type and location, with rates set monthly. Individual entrepreneurs calculate their single tax based on these rates in their registered locality. The tax period is a calendar year, and periodically in each calendar quarter in which the activity is performed.

• Declaration Submission: Due by the 1st day of the reporting quarter.
• Payment Due: The tax must be paid by the 1st day of each calendar month in which the rental activity is conducted.
• 2. Personal Income Tax:
• The standard rate is generally 13% for individuals on their income from rentals, unless a special regime applies.
• Value Added Tax (VAT):
  • VAT applies to most goods and services at a standard rate of 20% in Belarus. Specific exemptions or reduced rates may apply depending on the type of service or activity.

Note: If an entrepreneur’s gross revenue exceeds 40 times the single tax amount for a quarter, they must pay an additional 5% tax on the excess revenue

There is no requirements for short-term rental hosts in Belarus to contribute directly to national tourism boards or funds, but some regions in Belarus may impose a local tourist tax on accommodations. The responsibility for collecting and remitting this tax can vary; in some cases, hosts are required to collect it from guests and remit it to local authorities.

Hosts are not explicitly required to handle the registration for their guests. However, it is their responsibility to inform foreign guests of the registration requirement. This process applies especially to foreigners entering through the Belarus-Russia border, where in-person registration is mandatory. This registration must be done within five working days of arrival and it can be completed electronically through the unified portal for electronic services or in person at the local citizenship and migration unit.

Belarus introduced Health and Safety Regulations effective from September 22, 2021, applicable to all types of economic activities, including short-term rental operations. These regulations set general health and safety standards that cover the following key aspects:

1. Labor Protection Documents: Employers, including short-term rental hosts who employ staff, are required to maintain labor protection documents, which can now be managed electronically.
2. Property Safety Standards: The regulations outline safety requirements for organizational territories, buildings, structures, and premises, ensuring that all spaces are safe and meet certain health and sanitary standards.
3. Sanitary and Domestic Services: Hosts must ensure the property meets sanitary standards, providing facilities and services that maintain hygiene and safety for guests.

While these regulations broadly cover occupational safety and are designed for properties used in commercial activities, they also apply to businesses that provide accommodations, emphasizing safe and compliant premises.

In Belarus, online platforms facilitating short-term rentals are not explicitly mandated by national law to ensure that listings comply with all local regulations. However, these platforms often implement measures to promote compliance among hosts. For instance, they may require hosts to provide accurate information about their properties and adhere to local laws, including tax obligations and guest registration requirements. While the primary responsibility for compliance rests with the hosts, platforms play a supportive role by informing and guiding them on legal obligations.

In Belarus, national laws do not include specific anti-discrimination provisions that directly protect guests in short-term rentals against discrimination. While Belarus has ratified several international treaties prohibiting discrimination—including the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination—their practical application in local courts is limited, as Belarus lacks comprehensive anti-discrimination legislation for areas outside employment. There are no specific national laws protecting against discrimination in housing or accommodations based on race, religion, nationality, or other characteristics in Belarus.

There is no publicly available information indicating that Belarus has implemented a mandate requiring short-term rental platforms to share data with national government authorities. While the European Union has established regulations for data collection and sharing in the short-term accommodation rental sector, these do not apply to Belarus, which is not an EU member state. Short-term rental platforms operating within its jurisdiction are not obligated to share data with government authorities.

In Belarus, there is no national mandate requiring property owners to obtain insurance specifically for short-term rentals. However, it's important to note that while national regulations primarily focus on taxation compliance, other requirements such as registration, safety, and permits are governed at subnational levels

Given the potential risks associated with renting out properties on a short-term basis—such as property damage, liability issues, or loss of income—it's advisable for property owners to consider obtaining appropriate insurance coverage. Short-term rental insurance can offer financial protection against unforeseen incidents and liabilities that may arise during guest stays.

In Belarus, the protection of culturally and historically significant areas is governed by the Law on Protection of Historical and Cultural Heritage of the Republic of Belarus. This legislation outlines measures to preserve the nation's cultural assets, including restrictions on activities that could adversely affect these sites.

While the law does not explicitly address short-term rentals, it imposes strict controls over any modifications or uses of properties designated as historical or cultural monuments.

Obtain written permission from the Ministry of Culture before making any changes or conducting activities that might impact the property's integrity.

Ensure the preservation of the property's historical and cultural value, adhering to guidelines set by the Ministry.

Allow access for specialists to study the property when authorized by the Ministry.

Engaging in short-term rental activities within these protected areas may necessitate additional approvals to ensure compliance with preservation standards.

In Belarus, sustainability requirements for housing, including short-term rentals, focus on:

1. Energy Efficiency: Standards target reduced energy consumption, especially for pre-1993 buildings, with renovations encouraged but often funded by property owners.
2. Green Building Projects: UNECE and UN-Habitat support green building pilots in cities like Grodno.
3. Social Housing and Affordability: Policies aim to expand affordable housing, lessening reliance on older, high-energy properties.
4. Urban Planning: Updated frameworks align with international standards to foster sustainable development and land use.
5. Private Sector Involvement: Initiatives encourage private funding for renovations, promoting energy efficiency indirectly within rental properties.

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In Belarus, there are no specific laws preventing long-term tenants from being evicted to make way for short-term rentals. However, several protections apply to all tenants under general real estate lease laws, as detailed by Amby Legal:

1. New Ownership: If the property’s ownership changes, the new owner cannot force an existing tenant to leave based solely on a change in use, including transitioning to short-term rental. Tenants renting for over three years have a preferential right to purchase certain properties at market value.
2. Eviction Disputes: Disputes often arise if a landlord tries to evict a tenant upon lease termination or due to non-payment. Such cases require landlords to follow legal procedures, and tenants are entitled to defense against sudden eviction.
3. Pre-Trial and Court Procedures: Before pursuing eviction in court, landlords must follow a mandatory pre-trial settlement, offering tenants the chance to fulfill obligations or vacate voluntarily.

These general protections ensure that tenants cannot be arbitrarily evicted for transitioning properties into short-term rentals, with specific legal steps required in dispute situations.

The requirements for reporting foreign guests to national immigration authorities in Belarus are as follows:

1. Registration Requirement: Under Article 41 of the Republic of Belarus Act on the legal status of foreign citizens, foreigners temporarily staying in Belarus must register with a registration body at their actual place of stay within ten days of arrival. Exceptions apply based on international agreements.
2. Extended Registration Periods for Certain Nationals: Belarus has agreements allowing citizens from Ukraine, Lithuania, Estonia, Kazakhstan, and the UAE to stay up to 30 days without registration. Russian citizens may stay up to 90 days without registering. Those staying longer must apply for temporary or permanent residence permits based on their purpose for entry.
3. Electronic Registration: Foreigners entering Belarus through official border checkpoints can register electronically, free of charge, via the Unified Portal for Electronic Services (portal.gov.by). This online registration suffices for most foreigners.
4. In-Person Registration: Foreigners arriving from Russia or those needing to extend registration at the same address must register in person at a Citizenship and Migration Department of the Ministry of Internal Affairs.
5. Proof of Registration: Foreigners don’t need physical proof of registration; it’s sufficient to inform border officers upon departure. A screenshot or printed copy of the registration confirmation can speed up the verification process if needed.
6. Support Contacts: For assistance with registration issues, contact the National Center for Electronic Services or the Citizenship and Migration Department of the Ministry of Internal Affairs using the provided phone numbers.

This registration process ensures that foreign nationals comply with Belarusian immigration laws and helps facilitate smooth entry, stay, and exit from Belarus.

In Belarus, there is no explicit national requirement mandating online platforms to verify a property's compliance with national regulations before listing it for short-term rental. The primary national regulation focuses on taxation, requiring hosts to declare and pay taxes on income generated from renting out their properties.

However, platforms often implement their own verification processes to ensure listings meet certain standards and comply with local laws. This practice helps maintain trust and safety within the platform's community. While not legally mandated, such measures can assist in preventing potential legal issues for both hosts and the platform.

In Belarus, the national law ensuring that short-term rental contracts comply with consumer protection standards is the Law of the Republic of Belarus on Consumer Protection (January 9, 2002, amended on April 22, 2024). Key provisions include:

1. Safety Standards: Rentals and services must not pose a risk to consumers' life, health, property, or the environment under normal usage conditions.
2. Information Disclosure: Rental providers (sellers, contractors) must provide clear, accurate information on the rental properties, pricing, and any conditions of use. This includes details like warranty periods, terms of payment, and product/service quality standards.
3. Consumer Rights: Consumers have rights to quality, safety, accurate information, and legal recourse in case of violations. They may seek compensation for damages caused by rental issues or misleading information.
4. Government Regulations: Consumer protection laws are enforced in accordance with the Civil Code and other legislative acts. International treaties also influence consumer rights, providing further safeguards if different from domestic laws.
5. Educational Rights: Consumers are entitled to education on their rights, with information made available by state bodies, sellers, and media outlets.

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In Belarus, non-resident property owners engaging in short-term rentals must adhere to specific regulations concerning property ownership, taxation, and residency:

Property Ownership Restrictions:

• Real Estate Ownership: Foreigners can own residential and commercial properties without restrictions. Ownership of real estate does not automatically grant residency rights. However, owning residential property can serve as a basis for obtaining a temporary residence permit.

Taxation:

• Property Tax: All property owners, including non-residents, are subject to an annual property tax based on the cadastral value of the property. Tax rates vary depending on property type and location.
• Income Tax on Rental Income: Income derived from renting out property is taxable. Non-residents are typically taxed at a flat rate of 12% on such income.
• Capital Gains Tax: Profits from selling property are subject to capital gains tax. Non-residents may face higher tax rates compared to residents

Residency Requirements:

• Temporary Residence Permit: Owning residential property can qualify a foreigner for a temporary residence permit valid for up to one year, with the possibility of renewal. This permit allows the owner to reside in Belarus and facilitates the process for family members to obtain similar permits
• Permanent Residence Permit: Real estate ownership alone does not entitle a foreigner to a permanent residence permit However, investing at least €150,000 in real estate for profit purposes may provide grounds for obtaining permanent residency

Additional Considerations:

• Registration of Foreign Guests: Non-resident property owners renting out their properties must ensure that foreign guests comply with registration requirements.
• Compliance with Local Regulations: Short-term rental activities must adhere to local laws, including safety standards, sanitary regulations, and any municipal ordinances related to rental properties.

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In Belarus, short-term rentals (STRs) are generally understood as furnished apartments, houses, or rooms rented out for temporary stays, typically ranging from a few days up to six months.

The classification of these rentals can vary based on factors such as location, property type, and the services offered.

Types of Short-Term Rentals:

• Urban Apartments: These are common in cities like Minsk, offering convenient access to urban amenities.
• Rural Cottages and Villas: Located in the countryside, these properties cater to tourists seeking a more tranquil experience.
• Serviced Apartments: These accommodations provide additional services such as housekeeping and laundry, appealing to business travelers or those desiring hotel-like amenities.

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During national events or holidays in Belarus, no specific additional nationwide regulations typically affect short-term rentals. However, there are general requirements and conditions that travelers should follow:

1. Registration Requirements: All foreign nationals staying in Belarus for over five days (excluding Sundays and holidays) must register with the local office of the Citizenship and Migration Department. This rule also applies to those under the 30-day visa-free regime. Registration can be completed at hotels, through rental agents, or online at portal.gov.by.
2. Limitations for Land Travel Between Russia and Belarus: Foreigners cannot cross the land border between Russia and Belarus by car, train, or foot due to the lack of passport control. Air travel requires a valid visa for each country.
3. Maximum Stay: Foreign citizens on a tourist or business visa may not stay for more than 90 days per calendar year in Belarus.
4. Curfews and Noise Restrictions: While there are no nationwide curfews or noise restrictions, local authorities may impose temporary measures in certain areas to address public safety or community concerns during events.
5. Event-Specific Guidelines: During major events, event organizers or local authorities may implement guidelines affecting accommodations, such as enhanced security protocols or visitor restrictions. Hosts and guests are advised to stay informed via official channels.

In summary, foreign guests should comply with standard registration laws and remain aware of local directives, especially during heightened security events or holidays.

In Belarus, the penalties for non-compliance with national short-term rental regulations, such as renting without a permit, include:

1. Fines: Individuals or businesses found operating short-term rentals without the required permits or licenses may be subject to administrative fines. The exact amount depends on the severity and duration of the infraction.
2. Legal Action: Continuous non-compliance can lead to legal proceedings, potentially resulting in further financial penalties or even criminal charges, particularly if tax evasion is involved.
3. Operational Disruptions: Persistent failure to comply with licensing or tax obligations can result in authorities suspending rental operations, which disrupts income and may affect contractual obligations with guests.
4. Reputation Damage: Legal actions or penalties imposed for non-compliance may become public, potentially damaging the reputation of the property owner. This negative perception can deter future bookings and affect business partnerships.

To ensure compliance and avoid penalties, property owners should:

• Secure necessary licenses and permits.
• Comply with tax obligations and timely report rental income.
• Follow all local regulations, especially those concerning guest registration and property standards.

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