[size=55:1gz920wj][You must be registered and logged in to see this link.]
Rural house in Bulgaria: what to be careful about when you buy one

Rural houses in Bulgaria are tempting both for investment purchase and for retirement life. People consider them so cheap that its not worth the hassle to instruct a solicitor to check whether the property documents are in order or not. Ignorance, however, often can cause troubles when you least expect.

We had few cases where retirement couples have bought such rural village properties and have renovated them. They’ve spent few years enjoying relaxing life at the country side. But in reality not everything is as they saw it on “A Place in the Sun”. When you buy a property overseas, you need to get familiar with the local legislation, concerning renovation, building etc.

A bad example for missing a planning permission

In the above case, the couple listened to neighbour’s advise that they don’t need any building or planning permissions when they built within the same spot where the old ruined barn was. Basically they have demolished the old barn and ‘have built’ it from scratch within the borders of the old one. No matter how right this may sound, it is in fact wrong. You will need to obtain a planning permission for any constructions works. Renovation in many cases may also require planning permission.

How does this affect the buyer of a rural house

The first thing to check when you buy rural house is to ask the seller whether there have been any new construction works in the plot or in the house. If there are any, ask for the planning permission documents. If the seller unable provide such, this probably means that the construction works are illegal.

Implications of illegal construction are as bad as you probably think. The construction has to be demolished either by the owner at their own expense or will be enforced by the Directorate of National Construction Control and the expenses for the demolition will be accounted on the owner.

Rural plot problems

Obviously the rural house is located in a plot within the borders of a village. Because of the 1945 nationalisation of all private properties in Bulgaria many rural plots were split, joined and then again split for the purpose of the collective agricultural unions (TKZS). After 1989 the land was returned to the heirs of the initial land owners. This caused many problems with the land plot borders as they have peculiar shapes and curves. When a foreigner buys a rural house, one of the things that also has to be check is the land plot. Make sure your solicitor checks if the seller is the only current owner of the plot and whether there is no some reserved property right left over the property (e.g. agreement for personal care and financial support). If there is some encumbrance on the plot, you either have to solve this issue or just give up buying this village house.

Missed this and its a good and important topic posted by Admin. I'm surprised that there has been little response. Okay you all might be alright but there might be potential buyers out there who should understand what is involved in buying a village, rural property. It is so different to any housing in Britain and the rules are different and the agent will take a commission from buyer and seller. He/she will not tell you all the implications until it is too late. I know this because I had to wait 6 nerve-wracking months before the house was mine and I finally found out (by persistance and an office meeting) that it was because of boundary problems. Naturally, I wasn't told the history of why this had happened and had to be checked so I am grateful for the info from Admin because I had wondered if it was just a way for the agent to hang on to and maybe use my money for 6 months which I had sent over. How naive was I? It also answers why there are some strange boundaries around the land of the property which we have now sold on to a Bulgarian with no problems.
Following on from this important topic there are other things that buyers would be well advised to understand. Houses maybe cheap but everything about village housing in Bulgaria is totally different to those in Britain. Their structure is different and due to poverty have been bodged up over the years so that pretty picture in the internet might be a ruin beyond repair and only worth the land it stands on. This might be a good option for getting the property you want if the price is right but bear in mind that Bulgarian builders again, build differently from what you would expect from a British builder. You get what you pay for and that is why a Bulgarian village house is cheap!
It really annoys me when people complain about houses, builders and just about everything else in Bulgaria expecting everything to be just like it is in Britain. I am thinking this is one of the main reasons folk become disenchanted with their purchase after a couple of years. We call it 'The Honeymoon Period'.
Reams of warnings have been written on forums about all this but still people prefer to ignore them. Not the answer they want to hear or thinking it won't happen to them. It can and probably will.
For example, few people seem to visit our village of Mindya to view property. The answer is usually 'its more expensive'. Yes, the villagers with property to sell a.) often won't use an agent (for reasons we can understand) and b.) they know the value of the village. Property prices have changed little since about 2007 either up or down. They know the village is attractive with lovely views which they know Brits love, its safe, doesn't flood, few utility problems, close to two main towns and scenic Elena and is not cut off in the winter snow conditions. They are content to wait for a buyer to turn up however long it takes because there is no mortgage and sometimes the poorer residents have temporary accommodation in them or the owners grow extra veg on the land.

We have seen Bulgarians renovating their homes in the village so all are not poor and some town Bulgarians are building large houses so we have seen how good building can be in this beautiful country and we also have seen a young village builder doing good work. Surprisingly another young village chap has been buying up ruins and it is amazing how he has started clearing one property and bringing it up to a better standard still retaining its Bulgarian identity. I have no idea if he is selling it or doing it for himself but the point I am trying to make is that take a second look at what might appear to someone straight from Blighty a bit of a no-no because it is just possible it could be your eventual idyll. However, it takes perseverance and maybe an introduction to the Mayor and taking a long look around the village before considering a purchase and not a quick wizz with an agent driving up to the square and back not realising how much more Mindya offers.

I am only mentioning Mindya because this is what I really know. I am sure these words would apply wherever you are looking to buy. Take off your British glasses and try to visualise Bulgarian standards and how you can make a compromise. Not forgetting that Bulgarians have to deal with extreme heat and cold and build accordingly!

thank you Admin

The OP said

Quote :

In the above case, the couple listened to neighbour’s advise that they don’t need any building or planning permissions when they built within the same spot where the old ruined barn was. Basically they have demolished the old barn and ‘have built’ it from scratch within the borders of the old one. No matter how right this may sound, it is in fact wrong.

This is not correct ??? As long as you build on the same 'footprint' of an outbuilding you do not need planning permission ?????

Rakiaplease wrote:

The OP said

Quote :

In the above case, the couple listened to neighbour’s advise that they don’t need any building or planning permissions when they built within the same spot where the old ruined barn was. Basically they have demolished the old barn and ‘have built’ it from scratch within the borders of the old one. No matter how right this may sound, it is in fact wrong.

This is not correct ??? As long as you build on the same 'footprint' of an outbuilding you do not need planning permission ?????

The op is admin who posted this from the site of a very well known and trusted lawyer, are you a lawyer???

As far as I am aware you do need permission but this is Bulgaria so things change according to how much you have???

Construction in Bulgaria are as required by the Law on Spatial Planning (LSP) (promulgated SG. 1 of 2 January 2001).

The definitions of "
works"
for "
major renovation"
, "
repair"
and "
reconstruction"
of the building, according to § 5, section 38, section 42, section 43 and section 44 of the Supplementary Provisions of the SPA are as follows:
"
Structures"
are over-ground, underground and underwater buildings, additions, upgrades, strengthening, reconstruction, conservation, restoration and adaptation of immovable cultural property, fences, nets and the technical infrastructure, public works and sports facilities, as well as their basic repairs, reconstructions with and without change of use.
"
Overhaul"
is to build a partial recovery and / or partial replacement of components, main parts, facilities or installations of the building and construction works, which originally invested, but worn materials, structures and components are replaced by or other new types of work performed, which restored their operational life, improving and extending their operation.
"
Current repairs' construction is to improve and maintain the buildings, structures, equipment and facilities, and internal reorganizations that do not:
a) affect the structure of the building;

b) perform such removal, relocation of existing walls and make holes in them when they affect the structure of the building;

c) change the designation of the premises and loads them.
"
Reconstruction"
is to restore the building, replacement of components, main parts, equipment or installation and implementation of new ones that increase load capacity, stability and durability of construction works.
According to the regulations of construction based on the approved construction documents - investment project and issued a building permit is generally based on the issued building permit in the cases. 147, or without requiring a building permit in the cases. 151 of SPA.
Investment projects are made in compliance with the regulations of and regulations of designers - individuals who have technical competence, according to the acquired specialty, or entities, if they include individuals with relevant technical competence. Designers need to demonstrate and design capacity owned by a certificate issued by the Chamber of Architects in Bulgaria (CAB) and the Chamber of Engineers in Investment Design (KIIP) to maintain a register of qualified persons ([You must be registered and logged in to see this link.] /: [You must be registered and logged in to see this link.]
The works (the competence of the municipal administrations), which require the approval of the investment project for the issuance of the building permit, the sponsor must submit a written application in the municipality where the estate, together with the documents referred to in Art. SPA 144:
- Documents of title to the buildings and condominiums, and a final decision of the general meeting for approval of the project;

- Design visa in the cases. 12, para. 3, Art. 41, para. 2, Art. 50, 51, 58, 59, art. 133, para. 6 and Art. 134, para. 6 of LSP (issued by the municipality in which the property based on a written application by the developer - due to its issuance fee);

- Three copies of the investment project, the scope and content is determined by Ordinance № 4 of 21 May 2001 on the scope and content of the investment projects (State Gazette. Issue. 51 of June 5, 2001) made by certified designers the different parts, according to Art. 229 of SPA. All parts of the project should be stamped with the appropriate personal seal of any of the designers, CAD and issued by the Chamber of Engineers in Investment Design (KIIP);

- Administrative acts depending on the type and size of construction required as a condition of settlement construction under the protection of the environment or other special law;

- Conformity assessment prepared in accordance with Art. 142, para. 6 of the SPA;

- Permission for construction of intake structure for groundwater and / or water use permit and / or permit the discharge of wastewater issued under and in the cases provided for in the Water Act.
Depending on the size, category and complexity of construction may be required and the submission of additional documents referred to in Article 143 of the SPA.
Information necessary documents, applications form, fees, etc.. can be obtained from the website of the municipality (almost all municipal governments already support these pages).
Investment projects are agreed and approved by the Chief Architect of the municipality / region (in cities with district division) and be stamped with the seal of the municipal administration.
Coordination and approval of investment projects and the issuance of a building permit fees shall be paid under the Local taxes and fees as determined by the municipal council.
The works for which a building permit only (under Art. 147 TDA) also submitted a written application to the municipality, accompanied by proof of ownership or right of construction, situational sketch and in some cases giving an opinion a design engineer, prepared by a licensed architect and stamped with his personal seal of design capacity.
After the entry into force of the building permit opens construction site, determine the construction line and level and shall be drawn in the presence of an employee of the municipality and the person exercising construction supervision of the site (for the construction of the first to fourth grade) or technical Officer (for the construction of the fifth category). At every stage of construction up relevant regulations. On the day of entry into operation of the construction commence warranty periods specified by the Minister of Regional Development and Public Works. Upon completion of the new building after reconstruction, major repairs or reconstruction of an existing building shall be prepared by the person exercising construction supervisor or foreman technical passport. For temporary constructions and construction of ancillary buildings not draw such a passport.
The constructions of Article 147 of the SPA are sixth category and can not be put into operation. Listed in Art. 151 of SPA also put into service.
To protect the interests of the sponsor of the building, it is advisable to choose a builder to use public register of the Chamber of Builders in Bulgaria ([You must be registered and logged in to see this link.]).
Relationships between actors in design and construction are governed by written contracts.
Works that do not require approval of investment projects for the issuance of a building permit are as follows, according to Art. SPA 147:
- Barns in agricultural use and construction of ancillary buildings of art. 44 and Art. 46, para. 1 of SPA, unless a decision of the municipal council provides otherwise;

- Installation of facilities, installations and equipment, except for equipment with high-risk, subject to technical supervision of the Directorate General "
Inspection for State Technical Supervision"
;

- Greenhouses with an area of ​​200 square meters;

- Pools of up to 100 cubic meters of fenced land;

- Retaining walls to a height of 2 meters above the adjacent ground at their base when they are not part of transportation facilities;

- Repair of the components of the technical infrastructure;

- Fences, garden and park elements with a height of 2.20 m above the surrounding terrain;

- Cut and fill with the depth or height of 1 m and an area of ​​30 square meters;

- Pneumatic (inflatable) or warehouses covering an area of ​​100 square meters;

- Works of art. 55;

- Glazing of balconies and loggias, with the exception of the first class street network;

- Installation of plants for the production of electricity, heat and / or cooling from renewable sources with a total installed capacity of 30 kW and existing buildings in urban areas, including on the roof and façade designs in their own land.
Works in which, according to Art. 151 of the SPA does not require a building permit are:
- Interior and exterior painting of buildings;

- Replacement of roofing materials;

- Internal reorganizations that do not:
a) affect the structure of the building;

b) carry out activities such as removal, removal of existing walls and make holes in them when they affect the structure of the building;

c) change the designation of the premises and load them;

- Repair of buildings, facilities and installations;

- Repair of technical infrastructure elements of art. 64, para. 1, which do not change course and technical characteristics;

- Repair of roads, that does not change the structure of the roadway;

- Monuments, gravestones and crosses a height of 3 meters;

- Field preservation of immovable cultural property;

- Conservation and restoration of facades and murals and artistic elements in the interior of the architectural and artistic monuments and conservation of archaeological cultural property values.
Frequently Asked Questions:
- With the power of attorney certified by a notary, the owner can grant rights to another family member or other person to perform the necessary actions to obtain a visa for design, design award of the investment project to proceed on the project and permission construction, and all other activities related to the construction with the exception of the activities carried out on the basis of a written contract. The visa is issued for a design based on an effective development plan and is valid for six months.

We knocked down a shed well a kind of barn and intended to build a garage there - We were told we cannot do this without planning permission :shocked1:I said but there was a building there already they told me this is the law. We will see the Mayor when decide what we want.

Quote :

The op is admin who posted this from the site of a very well known and trusted lawyer, are you a lawyer???

Trusted AND a lawyer - Very rare in Bulgaria

I was not suggesting that the information was incorrect - Just shock that you do need permission under these circumstances. I know many who have just built (myself included) without PP.

There is a lot of illegal building that goes on in Bg but as we all know it will come back and bite you at some point.

Interesting and informative topic.
Some of the legal terms need further exploration and work to find out their true meaning."
Legaleese"
is hard enough to understand in our mother tongue let alone once they are a translation.I am (hopefully) just about to start a major renovation/rebuild/extension to a house on the coast.The house is in a town but i should think the same rules and regulations apply.
The house is approx 360m2 on a 1024m2 plot.(advertised as 1200m2 plot so first lesson learnt)
I intend to do it as far as possible by the book.
If you think it would be worth it, I might try to start a new topic that goes through the process as it progresses (if the amount of time it is taking to ascertain and finalise the property boundaries is anything to go by it will not be updated on a daily basis!).
Might have to ask someone else to start it since i havent got ten posts yet.
I dont speak a word of Bulgarian yet but think i may have found a local translator.
Ich spreche ein bischen deutcshe wenn das hilfte.

I am an HND qualified carpenter and joiner by trade and a Chartered Institute of Building qualified site manager by profession.

please excuse my smelling and granma

Hi Sahb

sahb wrote:

If you think it would be worth it, I might try to start a new topic that goes through the process as it progresses (if the amount of time it is taking to ascertain and finalise the property boundaries is anything to go by it will not be updated on a daily basis!).

Once you are in a position, please feel free to start a new topic and update as you process. I am sure many members will find this fascinating

Oddy