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The Illegal Construction

Although not a totally comprehensive account we wish to give people an oversight of the current legislation and what might occur if the official guidance is not followed.

We do not wish to concern anyone, but we do hope that you read and remember the guidance. It could save you a lot of hassle and heatbreak later...

The legislation
Believe us, the Bulgarian legislation in terms of the construction is brought in compliance with the European institutions and recently they have been very active in ensuring that the legislation is followed.

This is why we do not recommend that you cut corners in order to save time and funds.

The main reglament is in the Law on Territory Planning (or the Law on the Spatial Planning) and National and Municipal Ordnances.

The concerning institutions are:

National institution: - Directorate for National Construction Supervision

Local institutions:- Regional Directorates for National Construction Supervision
- Local Municipal structures: The Illegal construction Department.

Some useful FAQ:

1. Which projects, before each year are tolerated without Building permits?

Only buildings, built up to the 07 of April 1987 would not be demolished

2. Since which year ahead there is required the buildings to have the mandatory Building permit, issued based on a set of designs?

The requirement the buildings to have the obligatory Building permit did always exist. Just those erected up to 1987 are tolerated.

3. Up to which year there was possible the illegal buildings to get legalised?

The buildings, which were declared with the Municipalities up to 22 Jan 2004, were due to legalizing. Now this is not possible anymore.

4. Which are the actions of the administration (national or local) by an illegal project?

There is started the respective correspondence by ascertaining of offence. For smaller residential projects (5-th category according to the The Law on the Spatial Planning) set of papers is sent for consideration to the respective Regional Directorate for National Construction Supervision. The result is: ordinance for demolishing. For the rest there is performed the procedure for removal by the Municipal or Regional administrations.

5. In which cases and why does this happen?

- As a result of warnings (initiated by neighbours, concerned parties etc.) The authorities are obliged to react on them;
- In cases of checks, initiated by the controlling institutions.

6. Who issues the orders for demolishing of projects 5-th category (according to the The Law on the Spatial Planning)?

The orders for removal of such projects are issued by the Regional Directorate For National Construction Supervision- Sofia. The order could be appealed. In case it is not appealed, it comes to power in 14 days, since of its announcing.

7. What actually happens by drastic difference between the constructed and the permitted?
-In case it is ascertained that there is such difference during the construction process, this still could be changed by the applying of some legal methods;
- Otherwise, if the building is completed, the project is due to removal

In order to not lose funds and keep away of trouble always apply professional designs and building permits. Contact the professionals to enjoy your investment. Coming soon: how to study the papers and the land that you have in real to get the best of it ?

Article courtesy of www.bulgarian-villa.com