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Bulgarian Cadastre and Property Register Act
Last update: 2008-08-22 04:49:27

Bulgarian Cadastre and Property Register Act

Part One
GENERAL PROVISIONS


Article 1. This Act governs the organization, funding, production, administration and use of the cadastre and the property register.
Article 2. (1) The term cadastre shall denote the aggregation of basic data regarding the location, boundaries and sizes of immovable properties within the territory of the Republic of Bulgaria, such data being collected, presented, updated and stored according to procedures established by force of this Act.
(2) The cadastre shall also comprise:
1. Data about the right of ownership over immovable properties;
2. Data about other real rights over immovable properties;
3. Data about the state borders, the boundaries of administrative territorial units, the boundaries of lands adjacent and belonging to populated areas, and the boundaries of lands of identical permanent use;
4. additional data in cases as per Article 34.
(3) The data as per Paragraphs (1) and (2) shall be entered into a cadastral map and shall be recorded in cadastral registers.
(4) A map on which additional data as per Paragraph (2), item 4, are also entered shall be referred to as a specialized map.
(5) Data as per Paragraphs (1) and (2) shall be considered as evidence of the circumstances referred to, until proven otherwise.
Article 3. (1) The property register shall be comprised of the accounts of all immovable properties.
(2) Subject to recordation in the property register shall be any title deeds or other documents whereby the right of ownership is attested to or transferred, or any other real rights over immovable properties, any mortgages and foreclosures in respect thereof are established, transferred, modified or terminated, as well as any other actions, circumstances and legal facts subject to recordation therein as prescribed by force of this Act.
(3) (New, SG 36/2004) Any and all recordations in the accounts of immovable properties located within the territory of the respective court district shall be made subject to a ruling by the recordation judge.
Article 4. (Effective 25.04.2000) (1) The cadastre shall be created, maintained and stored by the Geodesy, Cartography, and Cadastre Agency under the Ministry of Regional Development and Public Works.
(2) The Minister of Regional Development and Public Works shall supervise and control the overall activity related to the cadastre.
Article 5. (1) (Amended, SG No. 36/2004) The property register shall be kept and stored by the Recordation Agency under the Minister of Justice.
(2) (Amended, SG No. 36/2004) The Minister of Justice shall supervise and control the entire activity related to the property register.
(3) The Minister of Justice shall issue an ordinance regarding the keeping and storage of the property register.
Article 6. (1) The cadastre and the property register shall be mutually interconnected through the identifier of immovable properties.
(2) Basic data about immovable properties in the property register shall be supplied from the cadastre. Data regarding the right of ownership and other real rights over immovable properties in the cadastre shall be supplied from the property register.
(3) The mutual interconnection as per Paragraph (1) and the exchange of data between the cadastre and the property register shall be implemented subject to terms, conditions and procedure as prescribed by an ordinance issued by the Minister of Regional Development and Public Works and the Minister of Justice.
Article 7. (1) A computerized information systems shall be established for the needs of the cadastre and the property register, which shall be mutually interlinked.
(2) The information systems as per Paragraph (1) shall also provide links with the Unified Classifier of Administrative-Territorial Units UCATU), with BULSTAT (the Unified State Register of Commercial Entities in the Republic of Bulgaria), with ESGRAON (the Unified System for Civil Registration and the Provision of Administrative Services to the Population), and the state and municipal property registers of.
(3) The terms, conditions and procedure for the establishment, maintenance and use of the information systems, as well as for direct access to the data therein, shall be prescribed by an ordinance adopted by the Council of Ministers subject to a proposal by the Minister of Regional Development and Public Works and the Minister of Justice.
Article 8. (1) The cadastre and the property register shall constitute public information.
(2) (Amended, SG No. 36/2004) Fees shall be charged for recordation in the cadastre, for announcement of procedures as per Art 35b (3) and Article 49a, (1) and (4), and for responding to queries, issuing document transcripts and other services as per Article 52 (5), Article 55 and 56; the amounts of such fees shall be determined by a tariff approved by the Council of Ministers.
(3) (Amended, SG No. 36/2004) Fees shall be charged for recordation in the property register and for responding to queries, issuing document transcripts and other services as per Article 92; the amounts of such fees shall be determined by a tariff approved by the Council of Ministers.
(4) Government institutions, agencies and municipalities shall pay for the services as per Paragraph (2) only the actual costs of the production of copies of the documentation.
(5) The Geodesy, Cartography, and Cadastre Agency shall pay for data supplied in cases as per Article 51 (1), (2) and (3), only the actual costs of the production of copies of the documentation.
Article 9. (Amended, SG No. 36/2004) (1) Activities pertinent to the production, maintenance and storage of the cadastre shall be funded by subsidies from the budget of the Ministry of Regional Development and Public Works, by proceeds from fees as per this Act, by other proceeds, as well as by funds allocated under national and regional programs for development of the technical infrastructure, under international programs, projects and agreements.
(2) The property register shall be funded by a subsidy from the budget of the Ministry of Justice, by proceeds from fees as per this Act, by other proceeds, as well as by funds allocated under national and regional programs, under international programs, projects and agreements.


Part Two
THE CADASTRE
Chapter One
THE GEODESY, CARTOGRAPHY, AND CADASTRE AGENCY

(Title amended, SG No. 29/2006)
Article 10. (Effective 25.04.2000) (1) The Geodesy, Cartography, and Cadastre Agency shall be an executive agency constituting a legal entity with its registered office in Sofia and with local Geodesy, Cartography, and Cadastre Offices based in the administrative centres of all districts of the country.
(2) The Geodesy, Cartography, and Cadastre Offices shall be territorial units of the Geodesy, Cartography, and Cadastre Agency.
(3) (New, SG No. 36/2004) For the purposes of providing administrative services, the Geodesy, Cartography, and Cadastre Offices may have structural units based at the seats of the district courts.
Article 11. (Effective 25.04.2000) (1) The Geodesy, Cartography, and Cadastre Agency shall be managed by an Executive Director, and the district Geodesy, Cartography and Cadastre Office, by a head of office.
(2) The Executive Director of the Geodesy, Cartography, and Cadastre Agency may delegate to the heads of the Geodesy, Cartography, and Cadastre Offices his/her own functions, rights and obligations except for those as per Chapter Two, Article 35 (1), Article 47 (2) and Article 49 (1).
(3) (New, SG No. 36/2004) The Executive Director may be a person who:
1. has a Master's degree in geodesy;
2. has at least 5 years length of service in a profession corresponding to his/her academic specialization;
3. has not been convicted and sentenced to imprisonment for premeditated indictable offences, unless rehabilitated since the passing of the sentence.
(4) (New, SG No. 36/2004, amended, SG No. 29/2006) The funds raised from 75 percent deductions on the fees collected as per this Act and the Geodesy and Cartography Act , as well as from additional budget revenue collected from fines and material sanctions imposed by force of penal orders issued pursuant to this Act, shall be allocated for the creation of cadastre and geodesic surveys, for the acquisition and development of premises, facilities and equipment, for the provision of training and incentives to the employees of the Agency subject to the terms, conditions and procedure prescribed by an ordinance of the Minister of Regional Development and Public Works.
Article 12. (Effective 25.04.2000) The Geodesy, Cartography, and Cadastre Agency shall:
1. perform any and all functions pertinent to the cadastre pursuant to this Act;
2. (new, SG No. 29/2006) perform any and all functions and tasks assigned thereto by the Geodesy and Cartography Act;
3. (renumbered from Item 2, SG No. 29/2006, amended, SG No. 57/2007) keep a geodetic/survey, cartographic and cadastral archive (to be referred to as Geokartfond), that shall collect, store and make available to users geodetic, cartographic, cadastral and other materials and data, subject to the terms and procedure as per the National Archives Stock Act ;
4. (renumbered from Item 3, SG No. 29/2006) coordinate the performance of functions pertinent to the cadastre with the other geodetic/survey and cartographic activities of the State;
5. (amended, SG No. 36/2004, renumbered from Item 4, SG No. 29/2006) develop a recordation format in respect of the digital data cards and the relevant registers the said format shall be subject to approval by the Council of Ministers;
6. (renumbered from Item 5, SG No. 29/2006) in conjunction with the competent state metrology agency, organize metrological control of the existing geodetic measurement equipment;
7. (renumbered from Item 6, SG No. 29/2006) ensure that employees are properly trained and qualified at all times;
8. (renumbered from Item 7, amended, SG No. 29/2006) keep a register of the persons competent to perform functions pertinent to the cadastre, geodesy, and cartography;
9. (renumbered from Item 8, SG No. 29/2006) coordinate the international exchange of information involving cadastral information.
10. (new, SG No. 36/2004, renumbered from Item 9, supplemented, SG No. 29/2006) administer the proceeds from fees, fines and material sanctions collected as per this Act and the Geodesy and Cartography Act.
Article 13. (Amended, SG No. 29/2006) The Geodesy, Cartography, and Cadastre Offices shall perform any and all functions pertinent to the geodesy, cartography, and cadastre within their assigned districts of the territory of the country, shall store the original materials and data from geodetic surveys, and shall perform any other functions, as prescribed by the respective rules of organization.
Article 14. (Effective 25.04.2000)(effective 25.04.2000) In performing his/her official duties, the officer of the Geodesy, Cartography, and Cadastre Agency must carry on his/her person and present on demand proper identification.
Article 15. (Effective 25.04.2000) The activity, structure, operational organization and staff of the Geodesy, Cartography, and Cadastre Agency and the Geodesy, Cartography, and Cadastre Offices shall be prescribed by rules of organization, adopted by the Council of Ministers subject to a proposal by the Minister of Regional Development and Public Works.


Chapter Two
PERSONNEL PROFESSIONALLY COMPETENT TO PERFORM FUNCTIONS PERTINENT
TO THE GEODESY, CARTOGRAPHY, CADASTRE

(Title amended, SG No. 29/2006)
Article 16. (1) (Effective 25.04.2000) (Supplemented, SG No. 29/2006) Functions pertinent to cadastre may be also performed by persons or entities who have acquired proper professional competence in cadastre subject to the terms, conditions, and procedure as per this Act.
(2) The Geodesy, Cartography, and Cadastre Agency shall assign to professionally competent bodies as per Paragraph (1) the performance of functions pertinent to creating the cadastral map and cadastral registers as per Chapter Five.
(3) (Supplemented, SG No. 36/2004, amended, SG No. 29/2006) A property owner or another interested party can also assign to a professionally competent body as per Paragraph (1) to produce sketches of landed estates and buildings, floor plans of separate properties within buildings, blueprints for partition or merging of immovable properties, combined plans attesting to a full or partial correspondence of the boundaries of a landed property, a cadastral map and cadastral registers as per Article 35a.
Article 17. (1) (Amended, SG No. 29/2006) A professionally competent body in geodesy, cartography, or cadastre may be:
1. (Supplemented, SG No. 29/2006) a natural person of Bulgarian citizenship, -holding an academic degree of Master-Engineer in geodesy, who has at least two years length of service in the field of the cadastre, geodesy or cartography, respectively, and has not been convicted of premeditated indictable offences, unless rehabilitated since the passing of the sentence;
2. (Amended, SG No. 29/2006) a Bulgarian legal entity whose subject of activity is the production of cadastre, respectively, geodesic and cartography activities, with professionally competent to perform geodesy, cartography, and cadastre activities person or persons in its permanent specialized staff.
(2) (New, SG No. 36/2004) Any professionally competent natural person may be a member of the permanent specialized personnel of no more than one legal entity.
Article 18. (Effective 25.04.2000) (1) (Amended, SG No. 29/2006) An applicant for a position shall submit an application for entry into the respective register under Article 12, Item 8 to the Geodesy, Cartography, and Cadastre Agency.
(2) (Amended, SG No. 29/2006, effective after the Chamber of Geodesy Engineers is established) A committee, appointed by the Executive Director of the Geodesy, Cartography, and Cadastre Agency shall check, within 30 days following receipt of the application, whether the statutory requirements as per Article 17 for entering the applicant into the respective register are met. A representative from the Chamber of Geodesy Engineers shall be included in the committee. The applicant shall then be entered in the register by an administrative order issued by the Executive Director.
(3) When the said statutory requirements are not met, the Geodesy, Cartography, and Cadastre Agency shall deny registration. The applicant shall be notified in writing of such denial, and within two weeks following receipt of such notification may appeal against it before the Minister of Regional Development and Public Works.
(4) (Amended, SG No. 30/2006) The decision whereby an appeal as per Paragraph (3) is rejected shall be subject to appeal before the Supreme Administrative Court within two weeks following notification of the applicant thereof, subject to the terms and procedure as per the Administrative Procedure Code.
Article 19. (Effective 25.04.2000) (1) (Amended, SG No. 29/2006) Professional competence to perform functions pertinent to the cadastre, geodesy or cartography shall be acquired from the moment of entry of the applicant into the respective register as per Article 12, item 8.
(2) (Amended, SG No. 29/2006) The register of the bodies professionally competent to perform functions pertinent to the cadastre, geodesy and cartography shall constitute public information.
Article 20. (Effective 25.04.2000) (1) A professionally competent body shall be obliged:
1. (amended, SG No. 29/2006) to fulfil the duties assigned to him/her/it pertinent to the cadastre and respectively to the geodesy or cartography in compliance with the applicable legislation and bylaws;
2. (amended, SG No. 45/2002) To protect any classified information constituting an official secret which has become known to him/her/it in connection with the performance of his/her/its assigned duties.
3. (new, SG No. 29/2006) provide protection of personal data that were disclosed to him/her/it in relation to implementing the duties assigned.
(2) Upon approval of the cadastral map and the cadastral registers, the bodies as per Paragraph (1) shall be allowed use data from these only subject to the procedure prescribed in Chapter Seven.
(3) A professionally competent body shall be required to obtain insurance, only for the duration of his/her/its work as per this Act, against liability for damages as may occur due to guilty non-fulfilment of his/her/its obligations as well as the obligations of his/her/its employees. The minimum amount of the insurance premium shall be determined by the Geodesy, Cartography, and Cadastre Agency.
Article 21. (Effective 25.04.2000) (1) Such a body's professional competence shall be lost:
1. upon written request submitted by the professionally competent body to the Geodesy, Cartography, and Cadastre Agency;
2. in the event of death or placement under judicial disability of the professionally competent body (where a natural person);
3. upon re-organization or termination of the professionally competent body (where a legal entity) through liquidation;
4. when the professionally competent body (where a natural person) has lost his/her Bulgarian citizenship or has been convicted for a premeditated indictable offence and sentenced to imprisonment;
5. (supplemented, SG No. 29/2006) when the professionally competent body breaches his/her/its obligations as per Article 20 (1) under this Act or as per Article 25 (1) under the Geodesy and Cartography Act .
(2) (New, SG No. 36/2004) In the cases as per Paragraph (1), item 5 the professional competence shall be lost for a period of one to three years.
(3) (Previous Paragraph (2), SG No. 36/2004, amended, Sg No. 29/2006, SG No. 36/2004) In the cases as per Paragraph (1), items 1 through 4 inclusive, the Executive Director of the Geodesy, Cartography, and Cadastre Agency shall issue an administrative order on deleting the professionally competent body from the respective register.
(4) (Previous Paragraph (3), supplemented, SG No. 36/2004) Breaches of Paragraph (1), item 5 shall be established by force of a statement of fact issued by officials appointed by the Executive Director of the Geodesy, Cartography, and Cadastre Agency, on the basis of which the deletion order shall be issued. The deletion order shall determine the period during which the professionally competent body may not be re-entered into the personnel register.
(5) (Previous Paragraph (4), SG No. 36/2004) The order of the Executive Director of the Geodesy, Cartography, and Cadastre Agency in the cases as per Paragraph (1), item 2, where the professionally competent body is placed under judicial disability, as well as items 3 through 5 inclusive, shall be subject to appeal within two weeks following receipt of the notification as per Article 18, Paragraphs (3) and (4).
Article 22. (Amended, SG No. 29/2006) The terms and procedure of keeping of the cadastre, geodesy and cartography register shall be prescribed by an ordinance issued by the Minister of Regional Development and Public Works.
Article 22a. (New, SG. 29/2006) The Geodesy, Cartography and Cadastre Agency and its local offices in implementing their cadastre-related functions are considered professionally competent to implement cadastre activities under this Act.


Chapter Three
CONTENT OF THE CADASTRE
Article 23. Immovable properties subject to entry into the cadastre shall include:
1. any landed property;
2. any building, including a rough structure, as yet unfinished;
3. any self-contained property within a building.
Article 24. (1) The basic cadastral unit of the shall be a landed property.
(2) A landed property shall be any part of the surface of the earth, including one permanently submerged under water, defined by boundaries in accordance with a title of ownership.
(3) Landed properties make up the entire territory of the country, as defined by its state borders, without overlapping with one another.
(4) The state borders, the boundaries of administrative territorial units, the boundaries of territories adjacent and belonging to populated areas, and the boundaries of lands of identical permanent use shall also constitute boundaries of landed properties.
Article 25. (1) Each landed property shall subsume the permanent use as of the land within the boundaries of which it is located.
(2) Changes of the permanent use of the land shall be effected subject to a procedure prescribed by law.
(3) A change of the permanent use of part of a landed property shall result in the formation of separate properties.
Article 26. (1) Each landed property, building or self-contained property within a building shall be assigned an identifier.
(2) Such an identifier shall constitute a unique number by which the immovable property shall be positively identified within the territory of the country. Such an identifier shall contain the UCATU code of the populated area within whose territory the property is located.
(3) Such an identifier shall be assigned by the geodesy, cartography and cadastre office.
(4) The structure and the content of the identifier, as well as the terms and procedure of its application, shall be prescribed by an ordinance issued by the Minister of Regional Development and Public Works.
Article 27. (1) The following shall constitute basic cadastral data:
1. for a landed property: its identifier; its boundaries as defined by the geodetic co-ordinates of the points making them up; its surface area; its permanent use and the model and method thereof;; and its address;
2. (Amended, SG No. 36/2004) for a building: its identifier; the layout of the building as defined by the geodetic coordinates of the points making them up; its built-up area; the number of floors; its use; and its address;
3. for a self-contained property within a building: its identifier; location; and use.
(2) Basic cadastral data shall also signify the data regarding the state borders, the boundaries of administrative territorial units, the boundaries of territories adjacent and belonging to populated areas, and the boundaries of lands of identical permanent land use.
(3) For immovable properties pertinent to the national defence and security, the cadastre shall contain only identifiers and data about the boundaries of the relevant landed properties.
Article 28. (1) The cadastral map and the cadastral registers shall be produced in graphic and text format on conventional data carriers, and in digital format on magnetic, optical or other data carriers.
(2) Cadastral maps and cadastral registers shall be subject to adoption, notification of the interested parties, and approval pursuant to the procedure as prescribed by this Act.
(3) The approved cadastral map and cadastral registers shall be entered into the information database by the geodesy, cartography and cadastre office.
(4) Basic cadastral data shall be duly dated upon being entered into the information database.
Article 29. (1) The cadastral map shall contain:
1. the state borders, the boundaries of administrative territorial units, the boundaries of territories adjacent and belonging to populated areas, and the boundaries of lands of identical permanent use;
2. all landed properties with their boundaries and identifiers;
3. all buildings with their identifiers;
4. all names of localities, streets, watercourses and water surfaces, and any other sites, locations and facilities as prescribed by the ordinance as per Article 31;
5. the geodetic base points.
(2) Attached to the cadastral map shall be floor plans of self-contained properties and premises within buildings.
Article 30. (1) Cadastral registers shall be kept of:
1. all immovable properties subject to entry into the cadastre;
2. the geodetic base points;
3. the geodetic base stations;
4. all identifiers and any changes thereto.
(2) The cadastral register of immovable properties subject to entry therein shall contain:
1. the basic data about the property as per Article 27 (1), except the data regarding the boundaries of a landed property or the outlines of a building;
2. the data as per Article 61 (1), items 1 through 11 inclusive, regarding the owner of the immovable property and the title deed from which the ownership rights arise;
3. the data as per Article 62 (1), items 1 through 4 inclusive, regarding any other real rights over the immovable property;
4. the number of the property account as per the property register.
Article 31. The content, as well as the terms and procedure of the production and maintenance of a cadastral map and cadastral registers shall be prescribed by an ordinance issued by the Minister of Regional Development and Public Works. The ordinance shall also prescribe the permanent land use classifier of landed properties.


Chapter Four
SPECIALIZED MAPS, REGISTERS AND INFORMATION SYSTEMS. ADDITIONAL
CADASTRAL DATA
Article 32. (1) Government institutions, agencies, municipalities and other legal entities, in accordance with the scope and nature of their functions, shall:
1. organize the collection, regular updating and provision upon request of specialized data regarding:
a) immovable properties, other than basic cadastral data;
b) building sites, amenities and other facilities in landed properties, including above-ground and underground linear utilities and facilities, other than buildings and self-contained properties therein;
c) perennial plantations;
d) water courses and water surfaces;
e) mineral deposits in the earth's womb;
f) the relief of the earth's surface.
2. produce specialized maps, registers and information systems on the basis of data as per item1.
(2) In case where any specialized maps, registers or information systems contain basic cadastral data, then the government institutions, agencies, municipalities and other legal entities shall be required to use the relevant data from the cadastre.
(3) The content of specialized maps and registers, and the terms and procedure of production and maintenance thereof, shall be prescribed by ordinances issued jointly by the head of the relevant government institution or agency and the Minister of Regional Development and Public Works.
Article 33. (1) Specialized information systems using cadastral data shall be required to maintain a link with the cadastral information system.
(2) (Amended, SG No. 36/2004) The terms and the procedure of data exchange between the information systems shall be prescribed by an ordinance adopted by the Council of Ministers subject to a proposal by the Minister of Regional Development and Public Works.
Article 34. (1) Data as per Article 31 (1) item1 shall be included in the cadastre as additional cadastral data; shall be kept up-to-date, stored and provided on request by the Geodesy, Cartography, and Cadastre Agency subject to terms and procedures established on a contractual basis.
(2) (Supplemented, SG No. 36/2004) Additional cadastral data collected by geodetic, photogrammetric and other surveys shall be accepted for entry subject to the provisions of Article 45.


Chapter Five
PRODUCTION OF A CADASTRAL MAP AND CADASTRAL REGISTERS
Article 35. (1) Proceedings pertinent to the production of a cadastral map and cadastral registers shall be initiated by an administrative order of the Executive Director of the Geodesy, Cartography, and Cadastre Agency.
(2) The administrative order as per Paragraph (1) shall contain the name and boundaries of the area for which a cadastral map and cadastral registers will be produced; the professionally competent person or entity to whom/which the production of the cadastral map and cadastral registers has been assigned, and the time frame and schedule for completion of the assignment. The said administrative order shall also indicate the time limit for demarcation of the boundaries of landed properties, which shall be no less than 30 days from the date of promulgation of the administrative order.
(3) The administrative order as per Paragraph (1) shall be promulgated in State Gazette, publicized in the mass media, including two central daily newspapers, and shall be displayed prominently in public places within the buildings of the Geodesy, Cartography and Cadastre Office, the municipality, and the mayor's office.
Article 35a. (New, SG No. 36/2004) A cadastral map and cadastral registers may also be produced in respect of an individual property or group of properties on request by the owner or an investor and at their expense. .
Article 35b. (New, SG No. 36/2004) (1) The proceedings as per Article 35a shall be initiated by an administrative order of:
1. the head of the service on geodesy, cartography and cadastre within whose jurisdiction the properties are located;
2. the Executive Director of the Geodesy, Cartography, and Cadastre Agency, in cases where when the request was filed in respect of immovable properties located in a region for which an administrative order has been issued pursuant to Article 35 (1).
(2) The administrative order as per Paragraph (1) shall state the location and the boundaries of the properties, the professionally competent body to which the duty is to be assigned and the time limit of marking the boundaries. In cases as per Paragraph (1) item 1, production shall be assigned to a professionally competent body appointed by the owner or the investor, and in cases as per item 2, to the body appointed by virtue of the administrative order as per Article 35 (2).
(3) Any interested parties shall be notified of the administrative order as per Paragraph (1) subject to the provisions of the Code of Civil Procedure.
Article 36. The District Governor and the mayor of the municipality are required by law to:
1. ensure the demarcation of boundaries of state and municipal properties within the time limit prescribed by the administrative order as per Article 35 (1);
2. (Amended, SG No. 36/2004) supply to the Geodesy, Cartography, and Cadastre Agency data regarding the immovable properties drawn from the relevant registers.
Article 37. (1) (Amended, SG No. 105/2005) Upon request by the Geodesy, Cartography, and Cadastre Agency, the National Revenue Agency- - shall be required to supply to the Geodesy, Cartography, and Cadastre Offices the available data about the immovable properties and their owners.
(2) The terms and conditions, the procedure and the concrete data to be supplied shall be prescribed by an ordinance jointly issued by the Minister of Regional Development and Public Works and the Minister of Finance.
Article 38. (1) The owner, respectively the person vested in another real right, -shall be required by law to:
1. ensure free access to the property for the performance of cadastre-related work;
2. demarcate, at their own expense, using the prescribed permanent monuments, the property boundaries in accordance with the title deed or document attesting to the right of ownership or other real right, and protect the monuments from damage or destruction;
3.present on demand for inspection by the officer of the geodesy, cartography and cadastre office, or to the person appointed by the administrative order as per Article 35 (2) the title deed certifying their rights over the property, as well as supply to the said officer any other data pursuant to the ordinance as per Article 31;
4. protect from damage the geodetic monuments placed within the property.
(2) (Supplemented, SG No. 36/2004) In case of destruction of the geodetic monuments as per Paragraph (1), item 4, the owner, respectively the person vested in another real right, - must immediately notify the geodesy, cartography and cadastre office. Should the need arise,, due to construction or assembly work, to remove a geodetic sign or marking, the person shall be required to notify the service on geodesy, cartography and cadastre 7 days before the work commences. The sign or marking shall be restored at the expense of the person subject to a procedure prescribed by the ordinance as per Article 31.
Article 39. (1) (Supplemented, SG No. 36/2004) For purposes of placement of geodetic monuments and/or performance of land surveys, the officer of the geodesy, cartography and cadastre office, respectively the person as per Article 35 (2), or Article 35b (2) shall be entitled to:
1. pass through the immovable property to the survey station, respectively the geodetic monument, following due notification of owner.
2. perform surveys;
3. place temporary geodetic signs and marking in landed properties or on buildings;
4. following notification of the owner of the immovable property, to place permanent geodetic monuments in the landed property or on buildings.
(2) For purposes of performing geodetic survey on an immovable property pertinent to the national defence and security, as well as of placement of geodetic monuments within it, permission by the head of the relevant institution or government agency, or by an official duly authorized by the latter, shall be required.
(3) (Supplemented, SG No. 36/2004) The person as per Article 35 (2), respectively Article 35b (2) shall be required by law to produce proof of authority to perform functions as per Paragraph (1), as well as to demand of owners to present title deeds and/or supply data as per Article 37 (1), item 3.
Article 40. Any expenses pertinent to the remedy of errors or omissions in the cadastre made as a result of non-fulfilment of obligations as per Article 35 and Article 37 (1), items1, 2 and 3, shall be covered by the liable persons.
Article 41. (1) (Amended, SG No. 36/2004) A cadastral map and cadastral registers shall be produced by pooling together data which:
1. are contained in maps, plans, registers and other documentation approved pursuant to the Uniform Cadastre of the People's Republic of Bulgaria Act (repealed), the Territorial and Urban Development Act (repealed), the Agricultural Land Ownership and Use Act and the Act Restoring Ownership of Forests and Forest Stock Land Tracts; are by nature basic cadastre data and conform, in terms of content and accuracy, with the requirements prescribed by the ordinance as per Article 31;
2. have been gathered through geodetic, photogrammetric and other measurements and calculations.
(2) (Amended, SG No. 36/2004) Data regarding the owners and holders of other real rights, as well as the title deeds from which their rights arise, shall be gathered from:
1. the registers to the maps and plans;
2. the title deeds presented as per Article 38 (1), item 3;
3. the registers of the municipal and regional administration;
4. (Repealed, SG No.. 105/2005)
(3) Data regarding the right of ownership and other real rights shall be clarified on the basis of preliminary property accounts presented by the recordation service as per the provisions of Article 71c (3).
(4) (Amended, SG No. 36/2004) No data regarding the owners and other holders of real rights, or regarding the title deeds from which their rights arise, shall be entered in the cadastral register of immovable properties, if such data have not been established pursuant to the provisions of Paragraph 2.
Article 41a. (New, SG No.. 36/2004) In the cases as per Article 36 item 1 and Article 38 (1), item 2, boundaries shall be marked only within the territories specified by the administrative order on initiating proceedings, where the cadastral map and the cadastral registers are to be produced by means of geodetic, photogrammetric and other measurements.
Article 42. (1) For the production and maintenance of a cadastral map of the Republic of Bulgaria, a three-dimensional network of geodetic base points shall be maintained as a uniform reference base for geodetic surveys.
(2) Geodetic coordinates for cadastral purposes shall be defined by means of a uniform coordinate reference system.
Article 43. (1) Boundaries subject to the cadastre shall be determined as follows:
1. the state border, by force of international treaties;
2. boundaries of administrative territorial units, pursuant to the provisions of, and subject to the procedure as prescribed by the Territorial Administration of the Republic of Bulgaria Act;
3. (amended, SG No. 36/2004) boundaries of territories adjacent and belonging to populated areas, whether in creating new settlements or making changes to existing ones, by a commission appointed by the District Governor, said commission being chaired by a representative of the district administration, and having as its members representatives of the respective municipal administrations, of the mayor's offices and the geodesy, cartography and cadastre office;
4. boundaries of lands of identical permanent use, subject to terms, conditions and procedures prescribed by law or another statutory act, or by a valid territorial development plan;
5. boundaries of landed properties:
a) from the actual situation as demarcated in situ, in accordance with the title deeds as per Article 37 (1), it.3;
b) from the working documents as produced in the course of defining the boundaries;
c) from the image on a valid cadastral map.
d) (New, SG No. 36/2004) from plans and maps as specified in Article 41 (1), item 1.
(2) The Geodesy, Cartography, and Cadastre Agency shall not be held liable for any discrepancies in mapping out the boundaries of landed properties in the cadastral map within the standard deviation as prescribed by the ordinance as per Article 31.
(3) Any disputes regarding boundaries of landed properties and/or territorial units shall be resolved by a court of law.
(4) The boundaries of landed properties and the boundaries of territories adjacent and belonging to populated areas shall be demarcated in situ subject to the procedure prescribed by the ordinance as per Article 31.
Article 44. (1) (Amended, SG No. 36/2004) Self-contained properties within buildings shall be identified on the strength of the building documentation, title deeds, or on the basis of a description made in situ.
(2) (Repealed, SG No. 36/2004)
Article 45. The cadastral map and cadastral registers of an area produced by the body appointed by force of the administrative order as per Article 34 (2), shall be subject to approval by the geodesy, cartography and cadastre office.
Article 46. (1) Any and all interested parties shall be duly notified of the approved cadastral map and cadastral registers of immovable properties pursuant to the provisions of Article 35 (3).
(2) Within 30 days from the date of promulgation in State Gazette, owners may file objections in writing with the service on geodesy, cartography and cadastre in respect of the cadastral map and the cadastral register of immovable properties.
(3) (New, SG No. 36/2004) Written objections in respect of parts of the cadastral map and/or the cadastral registers produced pursuant to the procedure as per Article 41 (1), item 1, may be filed only regarding non-conformity with the data contained in the plans and maps used in their production.
Article 47. (1) Objections shall be considered by a commission chaired by the head of the geodesy, cartography and cadastre office, and comprised of one representative of the geodesy, cartography and cadastre office, representatives of the municipal and district administration, and representatives of any institutions or government agencies concerned.
(2) The Executive Director of the Geodesy, Cartography, and Cadastre Agency shall issue an administrative order nominating all members of the commissions to be set up for every municipality.
(3) The chairperson shall organize the proceedings of the commission.
Article 48. (1) The commission shall pass a well-grounded ruling on each objection within 30 days from the expiry of the time limit as per Article 46 (2).
(2) Amendments to the cadastral map and the cadastral register of immovable properties in accordance with the rulings as per Paragraph (1) shall be made within 60-days from the date of such a ruling by the body appointed by force of the administrative order as per Article 35 (2).
(3) The performance of duties as per Paragraph (2) shall be subject to approval pursuant to the provisions of Article 45.
Article 49. (1) The approved cadastral map and cadastral registers of the area shall be subject to approval by an administrative order of the Executive Director of the Geodesy, Cartography, and Cadastre Agency; such an approval shall be communicated to the interested parties pursuant to the provision of Article 35 (3).
(2) (Supplemented, SG No. 36/2004, amended, SG No. 30/2006, effective 1.03.2007, in respect of the replacement of the word "district" by "administrative") The order as per Paragraph (1) shall be subject to appeal pursuant to the Administrative Procedure Code before the administrative court within whose jurisdiction the property is located, within 30 days from the date of promulgation thereof in State Gazette.
(3) Within seven days from the expiry of the time limit as per Paragraph (2), the Geodesy, Cartography, and Cadastre Agency shall notify the Minister of Justice that a cadastral map and cadastral registers for the respective territory have been approved, and shall submit to the recordation office:
1. a sketch -abstract of the cadastral map and, for a self-contained property within a building, also a floor plan, together with hard copy transcripts from the cadastral register of immovable properties in respect of each immovable property, to be filed in the property account;
2. the cadastral register of immovable properties, on a magnetic, optical or other technical carrier;
3. information about any appeals as may have been filed pursuant to Paragraph (2).
(4) (New, SG No. 36/2004) The administrative order as per Paragraph (1) shall be subject to appeal by the owners and/or holders of other real rights over the immovable properties and/or the neighbouring ones, located within the range of the cadastral map.
(5) (New, SG No. 36/2004) The administrative order on the approval of the cadastral map and the cadastral registers shall enter into force following expiry of the time limit as per Paragraph (2) for properties in respect of which no appeals have been filed.
(6) (New, SG No. 36/2004) Paragraph (3) shall also apply in cases as per Article 35a.
Article 49a. (New, SG No. 36/2004) (1) The cadastral map and cadastral registers produced pursuant to the provisions of Article 35a shall be subject to approval by the geodesy, cartography and cadastre office; any and all interested parties shall be notified of such approval pursuant to the provisions of the Code of Civil Procedure. They may then file written objections with the service on geodesy, cartography and cadastre within 14 days from receipt of the notification.
(2) The commission as per Article 47 (1) shall announce its decision within 14 days from the expiry of the time limit for filing objections. Any amendments to the cadastral map and the cadastral registers in accordance with decisions of the commission shall be made by the body as per Article 35b (2) within 14 days from the date of such a decision.
(3) The adopted cadastral maps and cadastral registers as per Paragraph (1) shall be subject to approval by an administrative order of the head of the geodesy, cartography and cadastral office or, respectively, of the Executive Director of the Geodesy, Cartography, and Cadastre Agency.
(4) (Amended, SG No. 30/2006, effective 1.03.2007) Any interested parties shall be notified of such an administrative order subject to the provisions of the Code of Civil Procedure ; it shall be subject to appeal within 7 days before the administrative court within whose jurisdiction the property is located.
(5) In the cases as per Paragraphs 1 through 4 the provisions of Article 46 (3) and Article 49 (4) and (5) respectively shall apply.
Article 49b. (New, SG No. 36/2004) Following approval of the cadastral map and the cadastral registers for the respective territory, a sketch-abstract of the cadastral map issued by the Geodesy, Cartography, and Cadastre Agency shall be required for purposes of issuance of title deeds whereby the right of ownership is attested to or transferred, or another real right over an immovable property is established, transferred, amended or terminated.
Article 50. for the terms, conditions and procedure of oversight and approval of the cadastral map and cadastral registers shall be prescribed by an ordinance issued by the Minister of Regional Development and Public Works.


Chapter Six
CONTINUOUS UPDATING OF THE CADASTRAL MAP AND CADASTRAL REGISTERS
Article 51. (1) The cadastral map and the cadastral registers shall be continuously updated on the basis of data received pursuant to the provisions of Article 52 and Article 86 (1), as well as from geodetic surveys.
(2) Geodetic surveys shall be performed in cases of changes in the boundaries of landed properties and of the layouts of buildings, in cases of creation of new cadastral items, as well as in upon remedy of errors and omissions therein.
(3) Displacements of earth masses (landslides) as a result of natural disasters shall not change the boundaries of landed properties as identified in the cadastre.
Article 52. (1) A transcript of any title deed, court ruling or administrative whereby rights of ownership are attested to or transferred, or other real rights over an immovable property are established, transferred, amended or terminated; or of any title deed, ruling or act whereby immovable properties are divided, partitioned or merged, shall be submitted by the respective court or State Property and Municipal Property office to the service on geodesy, cartography and cadastre within whose jurisdiction the property is located, within 7 days from the date of entry into force of the respective deed, ruling or administrative act.
(2) The Farm Lands Commission under the Ministry of Agriculture and Forests shall send to the service on geodesy, cartography and cadastre within whose jurisdiction the property is located, a copy of the decision whereby a change of the use of farm land is allowed, within 7 days from the date of payment of the fee as per Article 30 of the Agricultural Land Conservation Act.
(3) The National Forestry Board shall send to the service on geodesy, cartography and cadastre within whose jurisdiction the property is located a copy of all title deeds or other relevant documents in respects of forests and lands not included in the forest domain, within 7 days from the date of payment of the fee as per Article 30 of the Farm Land Protection Act.
(4) The owner- or, respectively, the investor shall supply - to the service on geodesy, cartography and cadastre data about all structures, whether newly-constructed, additional stories, extensions, below-ground structures, rebuilt or demolished structures, as well as all relevant data as per Article 34, pursuant to the provisions and procedure prescribed by the ordinance as per Article 31.
(5) An occupancy permit in respect of a building or other structure shall not be issued unless the owner or, respectively, the investor has submitted a certificate from the service on geodesy, cartography and cadastre that the obligation as per Paragraph 4 has been fulfilled.
(6) (Repealed, SG No. 36/2004)
Article 53. (1) The approved cadastral map and cadastral registers may be altered in cases where:
1. they contain errors or omissions;
2. they have been approved in contravention of the law;
3.additional cadastral data are must be recorded pursuant to the provisions of Article 34 (1).
(2) Any omissions or errors in basic data in the cadastral map and cadastral registers shall be remedied by the Geodesy, Cartography, and Cadastre Agency upon request by the interested party. Should such omissions or errors be related to any litigation in respect of material rights, these shall be remedied after the case has been resolved by a court of law.
(3) Errors and/or remissions as per Paragraph (1), item 1, shall be established in situ by the geodesy, cartography and cadastre office, by force of a statement of fact, to be signed jointly by the issuing body, the applicant and the owners directly concerned.
Article 54. (1) (Amended, SG No. 29/2006) Amendments to the cadastral map under Article 53 shall be subject to approval by an administrative order of the Executive Director of the Geodesy, Cartography, and Cadastre Agency, or any head of service on geodesy, cartography and cadastre empowered by the latter. Said administrative order shall be communicated to the interested parties pursuant to the provisions of the Code of Civil Procedure.
(2) (Supplemented, SG No. 36/2004, amended, SG No. 30/2006, effective 1.03.2007, in respect of the replacement of the word "district" by "administrative") The administrative order as per Paragraph (1) shall be subject to appeal pursuant to the procedure as per the Administrative Procedure Code , before the administrative court within whose jurisdiction the property is located.
(3) The Geodesy, Cartography, and Cadastre Agency shall submit without delay to the recordation office a sketch-abstract and a transcript of the approved cadastral register of real properties for each individual property in case of:
1. partition or merging of immovable property at the request of the owner;
2. partition of immovable properties resulting from changes in the boundaries of administrative territorial units, territories adjacent and belonging to populated areas, or lands of identical permanent use;
3. Partition of real property in case of change of the permanent land use of part(s) thereof;
4. Remedy of errors or omissions.
(4) In cases of legal partition of property the court shall allocate the newly defined shares after they have been assigned cadastral identifiers pursuant to the provisions of this Act.
(5) In cases of voluntary partition of property, the provisions of Paragraph (4) shall apply. Such voluntary subdivision shall not be valid if the shares of the parties thereto have not been assigned cadastral identifiers.


Chapter Seven
PROVISION OF CADASTRAL DATA ON REQUEST
Article 55. (1) The Geodesy, Cartography, and Cadastre Agency shall, upon request, issue transcripts from, or supply information based upon, the cadastral map and the cadastral registers.
(2) The information supplied may be written or verbal.
(3) Written information may be supplied in the following formats:
1. sketch-abstracts of the cadastral map supported with transcripts of the cadastral registers and, in case of a self-contained property within a building, also a floor plan of that property;
2. sketch-abstracts as per item 1 containing additional cadastral data, as well;
3. other transcripts of the cadastre.
(4) Verbal information may also be supplied by telephone, tealeaf or by other technical means. Information obtained by direct access to the information system shall have the validity of verbal information.
(5) Information excerpts containing additional cadastral data as per Article 34 (1) must also include information about their current validity.
Article 56. (1) Upon request by the owner, the boundaries of the landed property shall be demarcated in situ by the service on geodesy, cartography and cadastre with permanent monuments, on the basis of the cadastral data.
(2) In cases both of legal and voluntary partition, or else in cases of sale of part(s) of an immovable property, merging of neighbouring properties, as well as in case of partition of an immovable property upon request by the owner, or as a result of change of its permanent use, the service on geodesy, cartography and cadastre shall assign identifiers and issue sketch-abstracts of the cadastral register, and in case of a self-contained property within a building, also a floor plan of that property. Where such a sketch-abstract is produced by a professionally competent body, it shall be duly certified by the geodesy, cartography and cadastre office.
Article 57. (1) By virtue of the provision of information and other services by the Geodesy, Cartography, and Cadastre Offices the service recipient shall be entitled to one single use, for purposes of one procedure only, of the data received.
(2) Cadastral data and separate materials may be reproduced, for purposes of further use, subject to prior permission by the Geodesy, Cartography, and Cadastre Agency.
(3) Pursuant to the provisions of Paragraph (2), any processing of cadastral maps, registers and data in digital format shall likewise be deemed to constitute reproduction.
Article 58. (1) (Amended, SG 29/2006) The terms, conditions and procedure of the provision of cadastral, geodetic and cartographic materials and data shall be prescribed by an ordinance issued by the Minister of Regional Development and Public Works.
(2) The terms, conditions and procedure of obtaining cadastral data by direct access to the information system shall be prescribed by the ordinance as per Article 7 (3).
(3) (Amended, SG No. 29/2006) The Geodesy, Cartography, and Cadastre Agency shall be required to provide cadastral, geodetic and cartographic materials and data to institutions and government agencies and to municipalities subject to a contract entered into pursuant to the provisions of Article 8 (4).


Part Three
THE PROPERTY REGISTER
Chapter Seven A
THE RECORDATION AGENCY

(New, SG No. 36/2004, effective 31.07.2004)
Article 58a. (1) A Recordation Agency shall be established as an executive agency subordinated to the Minister of Justice, which shall constitute a legal entity based in Sofia and with recordation offices based at the seats of the district courts.
(2) The said recordation offices shall be territorial units of the Recordation Agency.
(3) The funds raised from 25 percent deductions on the fees collected under this Act, as well as from additional budget revenue collected from fines and material sanctions imposed by force of penal orders issued pursuant to this Act, shall be allocated solely for the acquisition and development of premises, facilities and equipment, for the provision of training and incentives to the employees of the Agency subject to the terms, conditions and procedure prescribed by an ordinance of the Minister of Regional Development and Public Works. The funds allocated for material incentives of the employees may not exceed 25 percent of the annual payroll.
Article 58b. (1) The Recordation Agency shall:
1. organize any activities pertinent to the creation and maintenance of the property register;
2. provide for the interconnectivity between the property register and other registers;
3. provide for the development and the technical improvement of the property register;
4. establish and maintain a central archive in electronic format of the accounts of immovable properties and the title deeds and other documentation recorded, together with the relevant supporting documents;
5. ensure that employees are properly trained and qualified at all times;
6. administer proceeds from fees and fines collected as per this Act;
7. perform other functions as prescribed by the rules of organization.
(2) The recordation office within the jurisdiction of the respective district court shall:
1. make entries, notes and deletions as ruled by the recordation judge ;
2. prepare and submit to the Recordation Agency the information as per Paragraphs (1) through (4);
3. provide information on request, issue abstracts and transcripts of its records as well as certificates of recordations;
4. perform other functions pertinent to the keeping of the property register as prescribed by the ordinance as per Article 5 (3).
Article 58c. (1) The Recordation Agency shall be headed by an Executive Director.
(2) (Repealed, SG No. 39/2005).
Article 58d. The activity, structure, operational organization and staff of the Recordation Agency shall be prescribed by a rules of organization adopted by the Council of Minister subject to a proposal by the Minister of Justice.


Chapter Eight
THE IMMOVABLE PROPERTY ACCOUNT. THE ACCOUNT FILE
Article 59. (1) The account assigned to each immovable property shall comprise of the following five sections:
1. section "A", regarding the property;
2. Section "B", regarding the owner, for purposes of recognition and/or transfer of the right of ownership;
3. Section "C", for purposes of establishing and/or transferring other real rights and in respect of the legal facts and circumstances subject to recordation, except those as per items 4 and 5;
4. Section "D", regarding mortgages;
5. Section "E", regarding attachments and foreclosures.
(2) The title deed or other legal document subject to recordation shall be entered into the account section to which it pertains.
(3) The Minister of Justice shall approve the standard form of an immovable property account.
Article 60. The following data shall be recorded in section "A" of the account:
1. the identifier;
2. the type of property, whether landed property, building, or self-contained property within a building;
3. the address;
4. the boundaries of the landed property (the identifiers of the neighbouring landed properties or, respectively, the neighbouring self-contained properties within the same building);
5. area in square meters or in decares (1 dca = 0.1 ha);
6. function (use) of the property;
7. number of floors of the building;
8. the circumstance as per Article 67 (2) of the Succession Act.
Article 61. (1) The following data shall be recorded in section "B" of the account:
1. where the owner is a natural person, his/her name, the unified civil code (UCC) or another personal identification number, and address;
2. where the owner is a legal entity, the name, form of organization, registered address and BULSTAT (Unified State Register of the Commercial Entities in the Republic of Bulgaria) code or another identification number of the said legal entity;
3. where a government body is assigned with the management of state-owned property, the name, form of organization, registered address and BULSTAT (Unified State Register of the Commercial Entities in the Republic of Bulgaria) code or another identification number of the said government body;
4. where an organization or another legal entity funded from the municipal budget is assigned with the management and husbanding, without compensation, of municipal property, the name, form of organization, registered address and BULSTAT (Unified State Register of the Commercial Entities in the Republic of Bulgaria) code or another identification number of said organization or legal entity;
5. where an immovable property is owned by a municipality, the name and UCATU (Unified Classifier of Administrative Territorial units) code;
6. for local legal entities registered in a court register and for foreign legal entities having a registered branch in the Republic of Bulgaria, the court of registration, the type of register and the volume and account numbers;
7. for local and foreign legal entities without court registration, the BULSTAT (Unified State Register of the Commercial Entities in the Republic of Bulgaria) code or another identification number-;
8. the type of ownership: whether private or public;
9. in case of co-ownership, the ideal shares, as well as the personal data of the co-owners, or in case of joint matrimonial ownership, the personal data of the spouses;
10. the title deed or other legal document(s) from which the ownership rights arise;
11. the number and date of the title deed or other document as per Article 112 of the Ownership Act subject to recordation, as well as the date of recordation;
12. any claims as per Article 114 of the Ownership Act;
13. the circumstance (if any) that the title deed or other document as per item 11 is conditional or limited by a term of validity.
(2) The following shall be noted in section "B":
1. the application for recordation;
2. any denial of recordation by the recordation judge;
3. any appeal against a denial as per item 2.
Article 62. (1) The following data shall be recorded in section "C" of the account:
1. the type of ownership right;
2. the person vested in the right;
3. the length of the term, should the right be for a term of years;
4. the document as per Article 112 of the Ownership Act subject to recordation;
5. any claims as per Article 114 of the Ownership Act;
6. any contracts subject to recordation;
a) the type of contract;
b) the date of entry into the contract, parties to and subject of the contract;
c) the circumstance (if any) that the contract is conditional or limited by a term of validity.
(2) The following shall be noted in section "C":
1. the application for recordation;
2. any denial of recordation by the recordation judge;
3. any appeal against a denial as per item 2.
Article 63. (1) The following data shall be recorded in section "D" of the account:
1. the type of mortgage, whether statutory, contractual, or instituted as a collateral to court proceedings;
2. the type, number, date and issuing authority of the title deed or other document on the grounds of which the recordation was effected;
3. the amount due for which the mortgage was established as security: principal, interest, expenses;
4. the due date;
5. the mortgagee with the respective personal data thereof, as prescribed in Article 61 (1);
6. the mortgager, with the respective personal data thereof, or data about the person, where other than the owner, for whose debt the mortgage was established, as prescribed by Article 61 (1);
7. changes in the receivable;
8. any deletion of the mortgage and the grounds therefore;
9. the circumstance (if any) that the contract is conditional;
10. any renewal of the mortgage.
(2) The following shall be noted in section "D"::
1. the application for recordation;
2. any denial of recordation by the recordation judge;
3. any appeal against a denial as per item 2.
Article 64. (1) The following data shall be recorded in section "E" of the account:
1. the type of foreclosure, whether general or of a separate property;
2. the number and date of issuance of the ruling imposing the foreclosure and the issuing authority;
3. the number and date of recordation of the foreclosure;
4. the amount secured;
5. deletion (if any) of the foreclosure and the grounds therefore.
(2) The following shall be noted in section "E":
1. the application for recordation;
2. any denial of recordation by the recordation judge;
3. any appeal against a denial as per item 2.
Article 65. (1) An account shall be kept for any immovable property assigned an identifier.
(2) Each account shall have a separate, unique number.
Article 66. (1) In case of partition of an immovable property, separate accounts shall be opened for each newly established property, and the account number and the cadastre identifier of the partitioned property shall be recorded therein.
(2) The account numbers and cadastre identifiers of the newly established properties shall be recorded in the account of the partitioned property, and the latter shall be closed.
(3) Any and all real rights, mortgages and other encumbrances over the partitioned property shall be recorded in the newly opened accounts.
Article 67. (1) In the account of a property formed as a result of merging of properties, the account numbers and cadastre identifiers of the properties forming it, as well as the real rights and other encumbrances over each of the properties, shall be recorded.
(2) In the accounts of the merged properties, the account number and the cadastre identifier of the newly established property shall be recorded, and they shall be closed.
Article 68. (1) An account shall be recorded on paper and on another data carrier. In the event of inconsistency between the two records, the one kept on paper shall take legal precedence.
(2) An account that has been lost or destroyed shall be recovered pursuant to the terms and procedure prescribed by the ordinance as per Article 5 (3).
Article 69. (1) The following documents shall be stored in an account file :
1. the title deeds or other documents providing the grounds for recordation;
2. the sketch of the property or the floor plan of the self-contained property within a building;
3. the documents as per Article 72.
(2) The account file shall bear the account number.


Chapter Nine
CREATION OF THE PROPERTY REGISTER
Article 70. (1) Proceedings for the creation of a property register for each court district shall be initiated by an administrative order of the Minister of Justice in accordance with the program as per Article 94 (2).
(2) The administrative order as per Paragraph (1) shall state the court district and the schedule of compilation of the property accounts, itemized by areas as per Article 35 (2), and shall appoint the recordation judge.
(3) The said administrative order shall be promulgated in State Gazette.
Article 71. (1) The recordation office shall prepare preliminary accounts and account files thereto in respect of immovable properties on the basis of the data contained in the recordation books as well as these as per Article 41 (1) and (2) and the title deeds and other documents received from the Service on geodesy, cartography and cadastre.
(2) (Supplemented, SG No. 36/2004) For any transaction involving immovable property where no preliminary account has been prepared, simultaneously with the recordation of such data the recordation judge shall open a preliminary account in respect of that property and shall enter its number in every deed or other document subject to recordation. In the cases as per Article 35a, the preliminary account shall be transformed into the account of the immovable property.
(3) The recordation office shall submit in digital format to the service on geodesy, cartography and cadastre the preliminary property accounts for purposes of more accurate definition of the cadastral map and the data about ownership and other real rights in the cadastral register of immovable properties, as well as for purposes of assigning identifiers.
Article 72. (1) The recordation judge shall transform the preliminary accounts into permanent immovable property accounts pursuant to this Act, following introduction of the cadastral map and cadastral register of immovable property approved as per Article 49.
(2) The recordation judge shall not transform the preliminary account of an immovable property in respect of which a claim has been filed pursuant to the provisions of Article 49 (2), or in cases where the holder of the real right is not identified pursuant to the provisions of Article 41. In such cases, the respective circumstance shall be noted and the property identifier shall be entered into the preliminary account.
(3) As of the moment when the circumstance as per Paragraph (2) shall cease to apply, the respective preliminary account shall be transformed into a permanent immovable property account.
Article 73. (1) Following completion of the property accounts for the entire court district, the Minister of Justice shall issue an administrative order announcing the establishment of the property register for the respective court district. The said administrative order shall be promulgated in State Gazette.
(2) An administrative order as per Paragraph (1) shall also be issued when there are accounts as per Article 72 (2) in the court district .
Article 74. (1) (Amended, SG No. 36/2004) Until an administrative order as per Article 73 (1) is promulgated, recordation shall be carried out in accordance with the procedure as established heretofore and the property accounts prepared as per Article 71 shall be automatically updated by entry of the respective data electronically. The number of the property account shall also be entered in the deed or other document subject to recordation.
(2) Within six months from the date of promulgation of the administrative order as per Paragraph (1), any interested party may request that any deeds and other documents recorded in accordance with the procedure established heretofore but not reflected in the property account, be duly recorded therein. Deeds and other documents that have not been entered in the property account pursuant to the provision of the previous sentence, shall have no validity with regard to third persons, except as of the date of recordation thereof pursuant to the provisions of Article 76 and full.
Article 75. The procedure of creating the property register shall be prescribed by the ordinance as per Article 5 (3).


Chapter Ten
RECORDATIONS IN THE PROPERTY REGISTER
Article 76. (1) A recordation in the property register may be effected:
1. on request by an interested party or its authorized representative;
2. on request by a notary public in cases as provided by law;
3. ex officio, in cases as provided by law.
(2) Accounts may be opened and closed ex officio in the cases as per Article 54 (3).
Article 77. (1) The application for recordation shall be submitted in Bulgarian, and shall include:
1. the name, address and other personal data of the applicant as listed in Article 61 (1);
2. the legal fact subject to recordation;
3. a description of the immovable property;
4. the identifier of the immovable property as per the cadastre;
5. the account number;
6. any other circumstances, as provided by law;
7. the signature of the applicant.
(2) The following shall be enclosed in support of the application:
1. a sketch-abstract of the cadastral map with a transcript from the cadastral registers, and for self-contained property within a building, also a floor plan thereof; in case where the deed or other document subject to recordation indicates the formation of new properties, a plan-abstract of the cadastral map and cadastral register of the immovable properties as amended subject to the procedure as per Article 54 (1) shall also be enclosed;
2. the relevant documentary evidence in support of the legal fact being recorded;
3. power of attorney, in case where the application is submitted by proxy.
Article 78. (1) (Supplemented, SG No. 36/2004) The application for recordation shall be submitted to the recordation judge care of the recording office.
(2) The application shall be marked (stamped) with the year, month, date and exact time of its submission, and shall be issued with an incoming number. .
(3) Following completion of all actions as per Paragraph (2), a note shall be made in the relevant section of the property account to the effect that an application for recordation has been submitted.
(4) The application may be withdrawn by a new application.
Article 79. The application for recordation must not be conditional, limited by a term or by any reservations. In cases where the same applicant has submitted more than one application, he/she may request that one recordation should not be effected without the other.
Article 80. The title deed or other document shall be recorded subject to the condition that the grantor has been recorded in the property register as the right-holder, except in case of acquisition of title by prescription.
Article 81. Recordations in the same section of a property account shall follow the sequence of submission of the applications.
Article 82. (1) The recordation judge shall rule that a recordation be effected, only after he/she has become satisfied that all the relevant provisions of the law, including the form of the title deed or other document whereby the real right is recognized, established, transferred, modified or terminated, - have been complied with.
(2) (Repealed, SG No. 36/2004)
(3) The ruling of the recordation judge shall be subject to execution without delay.
Article 83. The recordation judge shall deny recordation in case where the relevant provisions of the law have not been complied with.
Article 84. (1) In any instance of recordation, the date (day, month and year) on which it is effected shall be noted in the property account. The recordation shall be certified with the signature of the recordation judge.
(2) On a recorded title deed or other document, the incoming number, the date of recordation and the account number shall be noted.
(3) A note shall be made in the account of any ruling whereby recordation was denied, as well as the appeal filed against it, in keeping with the sequence as per Article 81.
(4) If no appeal has been filed against the ruling whereby recordation is denied, the note made as per Paragraph (3) shall be deleted ex officio.
Article 85. A recordation shall be considered null and void without a ruling by the recordation judge, or in case where the recordation is not certified pursuant to the provision of Article 84 (1).
Article 86. (1) (Amended, SG No. 36/2004) The recordation office shall immediately notify the respective service on geodesy, cartography and cadastre of any newly opened accounts and any recordation effected therein.
(2) The standard forms of documents whereby the information as per Paragraph (1) is to be communicated, shall be subject to approval by the Minister of Justice and the Minister of Regional Development and Public Works.
Article 87. (Amended, SG No. 59/2007) Unless otherwise provided herein, the provisions of chapter Forty Nine "General Rules" of the Code of Civil Procedure shall apply accordingly.


Chapter Eleven
CONTESTATION OF A RECORDATION. CORRECTION AND DELETION OF RECORDATIONS
Article 88. (Amended, SG No. 59/2007) Any recordation in the property register may be contested subject to the provisions of Article 537 (2) and (3) of the Code of Civil Procedure.
Article 89. (Amended, SG No. 59/2007) A manifest factual error in the recordation in the property register shall be remedied pursuant to the provision of Article 247 of the Code of Civil Procedure , by a ruling of the recordation judge.
Article 90. (1) A recordation in the property register shall be deleted in case where the inadmissibility or nullity of the recordation, and/or the falsity of the recorded circumstance have been established by an action-bringing procedure.
(2) Deletion shall be effected upon request by the interested party, a prosecutor, or ex officio, by a ruling of the recordation judge.
(3) The party requesting deletion or the interested party shall be notified of the ruling whereby a deletion is effected or denied pursuant to the provisions of the Code of Civil Procedure ; the said ruling shall be subject to appeal by a separate motion of appeal filed with the district court. The decision of the district court shall be final and shall not be subject to appeal.
Article 91. (1) Deletion of a recordation shall be effected by underlining the text subject to deletion and entering a note beside it to the effect that the underlined text, with its beginning and end duly and properly marked, has been deleted.
(2) In case of inconsistency between the underlined text and the text specified in the note, the text specified in the note shall be considered as representing the deleted text.


Chapter Twelve
PUBLIC ACCESS TO THE PROPERTY REGISTER
Article 92. Information from the property register shall be provided and transcripts shall be issued from accounts in respect of individual properties only.
Article 93. (1) Anyone may receive, on request, verbal information about recordations in an immovable property account, a transcript or an excerpt there from, or a certificate of a circumstance, whether recorded or unrecorded therein.
(2) The standard form of the said certificate shall be subject to approval by the Minister of Justice.


Part Four
THE LONG-TERM AND ANNUAL CADASTRE AND PROPERTY REGISTER PROGRAMS

(Title amended, SG No. 36/2004)
Article 94. (1) Activities related to the production and storage of the cadastral map, the cadastral registers, the property register and the information systems shall be financed with funds from sources as per Article 9.
(2) The Council of Ministers, subject to a proposal by the Minister of Regional Development and Public Works and the Minister of Justice, shall adopt a long-term as well as an annual program of activities pertinent to creation and keeping of the cadastre and the property register.
(3) (Amended, SG No. 36/2004) The funds necessary for the production, maintenance, updating and storage of the cadastral map, the cadastral registers and the property register, as well as of the information systems, shall be allocated on the basis of the annual program from the approved budgets of the Ministry of Regional Development and Public Works and the Ministry of Justice .
Article 95. (Repealed, SG No. 36/2004)


Part Five
ADMINISTRATIVE PENALTY PROVISIONS
Article 96. (1) A fine in the amount of BGN 10 to 400 shall be imposed on any natural person who:
1. has committed an act in violation of Article 39 (2);
2. has destroyed or displaced a geodetic or any other permanent monument demarcating the boundary of a landed property or territory adjacent and belonging to a populated area;
3. has failed to fulfil his/her obligations as per Article 38 (1), item 4, and Article 52 (4).
(2) A fine in the amount of BGN 400 to 1,000 shall be imposed on any official who:
1. has failed to fulfil a duty assigned to him/her pursuant to this Act;
2. has produced, ordered the production of, or approved development plans and building papers without ensuring conformity thereof with the basic data in the cadastral map and the cadastral registers;
3. has issued an occupancy permit in respect of a building in violation of Article 52 (5);
4. has committed acts in violation of §6 (2).
(3) In case where a legal entity or sole trader has violated Paragraph (1), a material sanction in the amount of BGN 1,000 to 5,000 shall be imposed.
Article 97. (1) Any natural person who, in violation of Article 57 uses cadastral data drawn from the cadastral map and the cadastral registers approved subject to the provisions of this Act, shall be liable to a fine in the amount of BGN 50 to 1,000.
(2) In case where a legal entity or sole trader has violated Paragraph (1), a material sanction in the amount of BGN 2,000 to 5,000 shall be imposed.
Article 98. (1) (Supplemented, SG No. 36/2004) A punishable offence shall be established by a statement of fact issued by an official appointed by the Minister of Regional Development and Public Works, respectively by the Minister of Justice.
(2) (Amended, SG No. 36/2004) A penal order shall be issued by the Minister of Regional Development and Public Works, respectively by the Minister of Justice, or by officials duly authorized by them.
(3) (Supplemented, SG No. 36/2004) Proceeds from the above fines shall be remitted as income to the Ministry of Regional Development and Public Works, respectively to the Ministry of Justice.
(4) The establishment of violations, the issuance, appeal and execution of penal orders shall be carried out pursuant to the provisions and procedure as established by the Administrative Violations and Sanctions Act.


SUPPLEMENTARY PROVISIONS
§ 1. For the purposes of this Act:
1. "Self-contained property within a building" shall be an entire floor or part thereof, in compliance with Chapter Four of the Ownership Act ;
2. "Rough structure" shall be one in which only the outer (surrounding) walls and roof are completed, either without finishing jobs or with ones at different stages of completion;
3. "Permanent use of land" shall be its permanent status as prescribed by law;
4. "Floor plan of a self-contained property within a building" shall be a depiction in graphic form of self-contained properties within a building showing their positions vis-a-vis one another and their respective identifiers;
5. "Area" shall be the area defined on the basis of geodetic coordinates of the points determining the boundaries of landed properties or, respectively, the outlines of buildings;
6. "Digital format" of a cadastral map, respectively of the recordation books, shall be a digital record of their full content in a certain format on a magnetic, optical or other data carrier which, when processed by computer, will allow reproduction on a screen or conventional data carrier;
7. "Conventional carrier" shall be paper, polyester foil or other material with similar properties;
8. "Geodetic base points" shall be the stations of the state geodetic control network and of the local survey control network;
9. "Manifest factual error" shall be any inconsistency between the permanent objects of topography, whether natural or man-made, existing on the ground and surveyed pursuant to the provisions of this Act, and the corresponding data on the map or the plan;
10. (Supplemented, SG No. 36/2004) "Address of an immovable property" shall be the description of its whereabouts comprising obligatorily the names of the district, of the municipality and the populated area or settlement unit, and including (as appropriate) the name of the street, respectively square or boulevard, housing estate, ward/subdivision, street and entrance number, floor, self-contained property within a building, and for immovable properties in farm lands, forests and lands of the forest domain, respectively the name of the locality.
11. (New, SG No. 36/2004) "Combined sketch attesting to full or partial identity of the boundaries of a landed property" is a sketch showing the combined data from previous cadastral, zoning or urban development plans, as well as maps and plans pursuant to the Agricultural Land Ownership and Use Act and the Act Restoring Ownership of Forests and Forest Stock Land Tracts .
12. (New, SG No. 36/2004) "Group of properties" is an agglomeration of no more than 50 neighbouring landed properties;
13. (New, SG No. 36/2004) "Interested parties as per Article 54 (1)" are the owners and the holders of other real rights in respect of immovable properties, whose rights are affected by the change.
14. (New, SG No. 29/2006) "Professional competence in geodesy" is recognized by means of possession of a mandatory volume of professional competencies based on a specific education and experience, which gives the right for the creation and maintenance of a unified geodesic foundation, geodetic measurements and processing thereof in order to design the national topographical maps as well as to implement specialized activities in the field of geodesy;
15. (New, SG No. 29/2006) "Professional competence in cartography" is recognized by means of possession of a mandatory volume of professional competencies based on a specific education and experience, which gives the right for the creation, editing and design of the national topographical maps, specialized scientific maps and school maps atlases, globes, and relief maps;
§ 2. Geographic sites and entities shall be designated in the cadastre by their established official names.


TRANSITIONAL AND FINAL PROVISIONS
§ 3. Cadastres produced on behalf of government institutions and agencies prior to the date of entry in force of this Act in the sense as per Article 3 (4) of the Unified Cadastre of the Republic of Bulgaria Act, shall be considered specialized maps, registers and information systems as per Chapter Four.
§ 4. (Amended, SG No. 36/2004) (1) Prior to the approval of a cadastral map and cadastral registers:
1. the sketches of immovable properties shall be issued pursuant to the procedure established heretofore;
2. cadastral plans and registers (occupancy lists) thereto, approved pursuant to the provisions of the now repealed Unified Cadastre of the People's Republic of Bulgaria Act and the Territorial and Urban Development Act shall be maintained by the respective municipal administration, whereby l any changes as may occur in the immovable properties subject thereto shall be duly recorded therein, pursuant to the procedure as prescribed by the ordinance as per Article 31; such changes shall be approved by an administrative order of the mayor of the municipality, and for cities with territorial subdivision, by the mayor of the respective borough;
3. the plans, maps and registers approved pursuant to the provisions of the Agricultural Land Ownership and Use Act and the Act Restoring Ownership of Forests and Forest Stock Land Tracts shall be maintained by the municipal offices of agriculture and forestry pursuant to the terms and procedure as prescribed by an ordinance of the Minister of Agriculture and Forests;
4. the data as per Article 52 (4) shall be submitted to the municipal administration which shall then issue the certificate as per Paragraph (5) thereof.
(2) For area where proceedings have been initiated and are underway for the production of a cadastral map and cadastral registers, the bodies as per Paragraph (1), items 2 and 3, shall submit to the Geodesy, Cartography, and Cadastre Agency all data regarding the changes in the plans and maps maintained by them within 7 days from the date of recordation thereof.
(3) Following approval of the cadastral map and cadastral registers, the activities of the municipal office of agriculture and forestry with regard to maintaining the map of restored ownership and the issuance of sketch-abstracts there from in respect of the relevant territory shall be terminated.
(4) Following approval of the cadastral map and cadastral registers, the functions of the municipal administration with regard to maintaining the cadastral plans and the issuance of sketch abstracts there from for the respective territory shall be terminated.
§ 5. (1) For the purposes of this Act, a property lot, in respect of which a lot zoning scheme has been applied, shall be considered landed property.
(2) The lot zoning scheme shall apply to these shares for which indemnity has been duly paid in respect of any immovable properties attached to the lot and owned by other natural persons or legal entities, or where the shares of the co-owners within a common lot formed by town planning are equalized.
§ 6. (1) (Amended, SG No. 36/2004) Prior to the issuance of the administrative order as per Article 35 (1), the Geodesy, Cartography, and Cadastre Agency shall define the areas in respect of which the cadastral map and cadastral registers shall be created using data from the maps and plans as per Article 41 (1), item 1, respectively the areas in respect of which data are to be collected through geodetic, photogrammetric and other measurements and calculations. To that end, the Geodesy, Cartography, and Cadastre Agency shall:
1. assess the maps, plans, registers and the other relevant documentation approved pursuant to the provisions of the now repealed Unified Cadastre of the People's Republic of Bulgaria Act and the Territorial and Urban Development Act, the Agricultural Land Ownership and Use Act and the Act Restoring Ownership of Forests and Forest Stock Land Tracts in terms of their compliance with the requirements of content and accuracy as prescribed by the ordinance as per Article 31;
2. transform into digital format the graphic plans which meet the requirements as per item 1;
3. pool together the data of maps and plans in digital format which meet the requirements as per item 1.
(2) For the purposes of producing a cadastral map and cadastral registers, the bodies responsible for the development, approval, maintenance and storage of maps, plans, registers and other documentation as per Paragraph (1) shall submit to the Geodesy, Cartography, and Cadastre Agency, within two weeks from the date of receipt of a formal request to that effect, the required copies thereof, as well as of any acts by force of which they have been repealed, amended or modified subject to the provisions of Article 8 (5). The maps, plans and registers shall also be submitted on a magnetic, optical or other data carrier.
(3) Municipalities and other legal entities storing cadastral plans in their possession shall hand over to the Geodesy, Cartography, and Cadastre Agency, without compensation, the originals and the relevant documentation within two weeks from the date of receipt of a formal request to that effect.
(4) (Amended, SG 99/2002) The authorities of central and local government and the municipal offices of agriculture and forestry shall submit to the Service on geodesy, cartography and cadastre copies of all title deeds and other documents whereby an ownership right or other real right is recognized, established or restored, as well as of copies of effective title deeds or other documents whereby the rights of owners as per the Agricultural Land Ownership and Use Act are restored, within 30 days from the date of receipt of a formal request to that effect or following the promulgation in State Gazette of the order as per Article 35 (1). The said deeds and other documents, as well as the respective registers, shall also be submitted on a magnetic, optical or other data carrier. The Geodesy, Cartography, and Cadastre Agency shall reimburse them only for the actual costs incurred in the production of the copies.
(5) Upon initiation of a procedure for the development of the cadastral map and cadastral registers, the title deeds and other documents as per Paragraph (4) shall be submitted in batches for the individual areas as per Article 35 (2).
(6) The bodies as per Paragraphs (2) and (4) shall be required to ascertain the veracity of the data submitted.
(7) (Repealed, SG No. 36/2004)
(8) When, in the process of production of a cadastral map and cadastral registers, a manifest factual error is established in the data as per Paragraph (2) relevant to the implementation of the Agricultural Land Ownership and Use Act and the Act Restoring Ownership of Forests and Forest Stock Land Tracts , it shall be remedied pursuant to the provisions of this Act.
(9) The owners affected as a result of the remedy of a manifest factual error as per Paragraph (4) shall be indemnified pursuant to the provisions of Article 10b of the Ownership and Use of Farm Lands Act or, respectively, of Article 6 and § 8 of the Transitional and Final Provisions of the Restoration of Ownership over Forests and Land in the Forestry Domain Act .
§ 7. The Council of Ministers, the district governors and the mayors of municipalities shall, within six months from the date of promulgation of this Act in State Gazette, provide buildings and other facilities and equipment for the needs and use of the Geodesy, Cartography, and Cadastre Agency and its territorial units.
§ 8. The Unified Cadastre of the People's Republic of Bulgaria Act (Promulgated SG 35/1979; amended SG 102/1981, SG 45/1984, and SG 104/1996), shall hereby be repealed.
§ 9. The following amendments and supplements shall hereby be made to the Territorial and Urban Development Act (Promulgated SG 29/1973; corrected SG 32/1973; amended and supplemented: SG 87/1974, SG 3 and SG 102/1977, SG 36/1979; SG 3/1980, SG 45/1984, SG 19/1985, SG 36/1986, SG 14/1988, SG 31/1990; corrected: SG 32/1990; amended: SG 15/1991; SG 63/1995, SG 104/1996, SG 41 and SG 79/1998; amended: SG 124 and SG 133/1998, SG 26 and SG 86/1999, SG 14/2000),:
1. Article 21 shall be amended as follows:
"Article 21. (1) Zoning plans and town-planning schemes shall be used in the zoning of streets, roads and property lots -in respect of sites constituting public state and municipal property; in respect of sites constituting private property, if the latter have not been zoned; and shall prescribe the specific land use of each property, as well as construction in properties zoned for development.
"(2) Detailed urban development plans, besides their full format in the sense as per Paragraph (1), may also be one of the following:
"1. zoning plan inclusive of an urban development scheme;
"2. zoning plan not inclusive of an urban development scheme;
"3. zoning plan in respect of streets and property lots only, where these are public state and municipal property;
4. block development plan and elevation.
"(3) Subject to the development objectives and assignments, and pursuant to the Rules and Regulations on the implementation of this Act, only one of the plans as per Paragraph (2) may be produced and implemented.
"(4) For restructuring and renovation of housing estates; of industrial, resort, tourist or other populated areas and settlement units, an urban development and zoning plan shall be produced and implemented.
"(5) Where standard deviations from regulations and statutes are regulated, or in cases where terrace-type structures are developed in more than two adjacent lots (landed properties subject to a zoning plan), then block development plans and elevations shall be produced and approved."
2. In Article 21a, the following amendments shall be made:
a) in Paragraph (1), sentence 1, after the words "for unzoned areas", a comma shall be inserted and the following text shall be added:- "as well as for areas where an earlier zoning plan has not been implemented";
b) in Paragraph (2), at the end of sentence 3, a comma shall be inserted and the following text shall be added: "that shall be duly recorded in the cadastre and the property register, pursuant to the provisions and procedure as per the Cadastre and Property Register Act";.
3. A new Article 21b shall be inserted, as follows:
"Article 21b. Plans as per Arts. 21 and 21a shall be produced on the basis of data from the cadastre."
4. In Chapter Two, "Territorial Development Plans", section three, "General and Detailed Urban Development Plans", the title of item 3, indent (c) shall be amended as follows:
"c) Detailed Urban Development Plans".
5. Article 27 shall be amended as follows:
"Article 27. (1) By virtue of the plans as per Article 21 (2), items 1 and 2, hitherto unzoned landed properties in the possession of natural persons or legal entities shall be zoned for residential and summer house development.
"(2) The provisions of the plan shall be economically feasible and shall allow the rational management and development of zoned property lots and neighbourhoods."
6. Article 28 shall be amended as follows:
"Article 28. (1) Pursuant to the provisions of Article 27, the following may be zoned:
"1. existing unzoned landed properties, for the formation of a larger number of individual zoned landed properties, on request by the owners, duly signed and notarised;
"2. undersized unzoned landed properties, for purposes of bringing them up to size by the addition of portions of neighbouring properties;
"3. neighbouring unzoned landed properties, for the establishment of zoned landed properties in co-ownership.
"(2) In cases as per Paragraph (1), items 2 and 3, notarised contracts shall be entered into and duly recorded."
7. Article 29 shall be amended as follows:
"Article 29. Owners who have requested zoning of hitherto unzoned landed properties pursuant to the provisions of Article 27, shall submit to the relevant service on geodesy, cartography and cadastre a sketch-abstract of the approved and effective detailed development plan, for purposes of the issuance of a sketch-abstract as per Article 54 (3) of the Cadastre and Property Register Act. The sketch-abstract issued by the service on geodesy, cartography and cadastre shall serve as the basis for the issuance of a title deed."
8. Arts. 30 and 31 shall be repealed.
9. A new Paragraph (4) shall be inserted in Article 32, as follows:
"(4) Upon expiry of the time limit as per Article 182a (1), any omissions or errors in the cadastral map and the cadastral registers shall be remedied pursuant to the provisions of Article 53 of the Cadastre and Property Register Act."
10. In Article 46 (1), a second sentence shall be inserted, as follows: "The placement and protection of boundary monuments shall be carried out in compliance with the Cadastre and Property Register Act."
11. In Article 52 (2), the first sentence shall be amended as follows:
"In cases as per Paragraph (1), the ownership and the boundaries of landed properties shall be retained in accordance with the data in the cadastre and the property register."
12. Article 59 shall be amended as follows:
"Article 59. (1) Real shares of landed properties within the limits of populated areas may be acquired by legal transactions or by prescription only if these meet the requirements regarding minimum area and frontage, as prescribed by the Rules and Regulations on the Implementation of this Act.
"(2) The provision of Paragraph (1) shall not apply in cases where the share of the landed property is annexed to a neighbouring property pursuant to the provisions of Article 28, and the remaining share either meets the requirements regarding minimum area and frontage, or is also annexed to a neighbouring property."
13. Article 60 shall be repealed.
14. Article 61 shall be amended, as follows:
"Article 61. Partition of landed property located within the development boundaries of a populated area may be effected only if the shares resulting from such partition meet the requirements regarding minimum area and frontage, as prescribed by the Rules and Regulations on the Implementation of this Act. The blueprints for partition of the property shall be produced on the basis of a cadastral sketch-abstract issued by the relevant cadastre office."
15. A new Article 62a shall be inserted, as follows:
"Article 62a. In case of partition or merging of landed properties, buildings and self-contained properties within a building, the newly established immovable properties must be assigned an identifier by the cadastre."
16. In Article 112, Paragraph (3) shall be amended as follows:
"(3) Evaluations shall be done by a commission appointed by the mayor of the municipality, in accordance with market prices."
17. Article s182a, 182b, 182c and 182d shall be inserted, as follows:
"Article 182a. (1) If prior to the entry into force of the Cadastre and Property Register Act the indemnity due for immovable properties in the possession of other natural persons or legal entities added to the property lot pursuant to a valid lot zoning scheme has been paid or, respectively, when the real shares of a common property lot formed as a result of zoning are equalized, the lot zoning scheme shall be considered duly implemented in respect of these property lots and their boundaries shall be construed as boundaries of zoned landed properties.
"(2) In cases where, prior to the entry into force of the Cadastre and Property Register Act, the provisions as per Paragraph (1) are not fulfilled, the alienation effect of the lot zoning schemes in respect of the relevant properties shall be suspended.
"(3) The municipalities shall ensure the implementation of the provisions of Paragraphs (1) and (2) by duly recording any changes as may have occurred in the plans, whether ex officio or through professionally competent bodies - appointed for the purpose .
"Article 182b. (1) Within the time limit as per Article 182a (1), real shares of zoned lots shall not be subject to acquisition by legal transactions or by prescription.
"(2) The provision of Paragraph (1) shall not apply in cases where the real shares and the remaining shares of the zoned lot meet the minimum dimension requirements as prescribed by the Rules and Regulations on the Implementation of this Act, or else, where one real share meets the minimum dimension requirements, while, the remaining share(s) is/are annexed to neighbouring lot(s).
"Article 182c. Within the time limit set as per Article 182a (1), the ownership of a zoned lot shall not be transferable, and no real rights may be established in respect thereof, in cases where no indemnity has been provided for shares of the property transferred to other entities.
"Article 182d. Pending administrative or court proceedings pertinent to alienation of immovable properties subject to lot zoning schemes approved prior to the date of entry into force of the Cadastre and Property Register Act, shall be decided subject to the terms and procedure established heretofore."
§ 10. The following amendments and supplements shall hereby be made to Article 33 (2) of the Agricultural Land Ownership and Use Act (Promulgated SG 17/1991; corrected SG 20/1991; amended: SG 74/1991, SG 18, SG 28, SG 46 and SG 105/1992, SG 48/1993, SG 64/1993 -(Resolution No. 12/1993 of the Constitutional Court), SG 83/1993, SG 80/1994, SG 45 and SG 57/1995, SG 59/1995 -(Resolutions No. No. 7 and 8/1995 of the Constitutional Court); amended SG 79/1996, SG 103/1996- (Resolution No. 20/1996 of the Constitutional Court); amended: SG 104/1996, SG 62, SG 87, SG 98 and SG 123/1997, SG 59, SG 88, SG 133/1998, SG 68/1999):
"(2) The land commissions shall restore land ownership pursuant to the provisions of this Act, and shall perform other activities as defined by the Rules and Regulations on the Implementation of this Act. The land commissions shall maintain and update the land allocation plans and any other materials and data generated through the implementation of this Act, and shall issue sketch-abstracts for purposes of transactions of disposal involving, and partition of, farm lands until these are submitted to the Geodesy, Cartography, and Cadastre Agency, pursuant to the provisions of § 6 (2) of the Cadastre and Property Register Act."
§ 11. The following amendments and supplements shall hereby be made to the Obligations and Contracts Act (Promulgated SG 275/1950; corrected Izvestiya SG 2/1950; amended: SG 69/1951, SG 92/1952, SG85/1963, SG 27/1973, SG 16/1977, SG 28/1982, SG 30/1990; SG 12 and SG 56/1993, SG 83 and SG 104/1996, SG 83 and 103/1999):
1. In Article 166 (1) after the words "by recordation", the text - "in the property register" shall be inserted.
2. In Article 169 Paragraph (1) shall be repealed.
3. In Article 171 the text "in respect of the mortgage, shall be noted in the contract or in the mortgage application", shall be replaced by the text: "shall be done in writing, with notarisation of the signatures, and shall be recorded in the property register".
4. In Article 175 (2), sentence 2, after the words "to the recordation", the text- "in the property register" shall be inserted.
5. In Article 179 (2), the second sentence shall be amended as follows:
"It shall be effected by making a note in the mortgaged property account."
6. In Article 237 at the end of Paragraph (1), the text "in the property register" shall be added.
§ 12. The following amendments and supplements shall hereby be made to the Ownership Act (Promulgated Izvestiya SG 92/1951; amended: SG 12/1958, SG 90/1960; SG 99/1963, SG 26 and SG 27/1973, SG 54 and SG 87/1974, SG 55/1978, SG 36/1979, SG 19/1985, SG 14 and SG 91/1988, SG 38/1989, SG 31/1990, SG 77/1991, SG 33/1996, SG 100/1997 and SG 90/1999):
1. In Article 100:
a) the existing text shall become Paragraph (1), and at the end thereof, the words "in the property register" shall be added;
b) a new Paragraph (2) shall be inserted, as follows:
"The statement relinquishing the right of ownership as per Paragraph (1) may be withdrawn prior to recordation thereof in the property register."
2. In Article 112:
"a) at the end of indent (a), a coma shall be placed and the following text shall be added: "as well as deeds and other documents whereby such rights are recognized";
b) a new indent (i) shall be inserted as follows:
"i) Transcripts of the wills made in respect of immovable property and rights over immovable property."
§ 13. In Article 67 (2) of the Succession Act (Promulgated SG No. 22/1949, corrected: SG 41/1949; amended: SG 275/1950, SG 41/1985 SG 60/1992 and SG 21/1996 (Resolution No. 4/1996 of the Constitutional Court); amended: SG 104/1996, SG 117/1997, SG 96/1999), the words "by recordation pursuant to the provisions of the Privileges and Mortgages Act" shall be replaced by "by recordation in the accounts of immovable properties of the legator pursuant to the provisions of the Cadastre and Property Register Act".
§ 14. Article 158 (2) of Judicial System Act (Promulgated SG 59/1994; Resolution No. 8/1994 of the Constitutional Court of the R.B. - SG 78/1994; Resolution No. 9/1994 of the Constitutional Court of the R.B. - SG 87/1994; Resolution No. 17/1995 of the Constitutional Court of the R.B. - SG 93/1995; supplemented: SG 64/1996; Resolution No. 19/1996 of the Constitutional Court of the R.B. - SG 96/1996; amended: SG 104 and SG 110/1996, SG 58, SG 122 and SG 124/1997, SG 11 and SG 133/1998; Resolution No. 1/1999 of the Constitutional Court of the R.B. - SG 6/1999) shall be amended as follows:
"(2) The recordation judge shall effect the recordations in the property register and shall perform the duties of a notary public pertinent to notations and deletion thereof, the issuance of transcripts from recordation books and any other duties as provided by law."
§ 15. The following amendments and supplements shall be made to Article 18 of the Local Taxes and Fees Act (Promulgated SG 117/1997; amended and supplemented: SG 71/1998, SG 83, SG 105 and SG 153/1998, SG 103/1999):
1. In Paragraph (1) the words "of the municipality" shall be deleted;
2. In Paragraph (2) the words "cadastral and other" in parentheses shall be deleted;
3. A new Paragraph (3) shall be inserted, was follows:
"(3) Data from the cadastre as per Paragraph (2) shall be provided pursuant to the provisions and procedure of the Cadastre and Property Register Act."
§ 16. (Amended, SG No. 36/2004) For purposes of creation of the property register, the Minister of Justice shall:
1. ensure the introduction of the software necessary for making recordations by the nominal system and for entering data in the preliminary accounts;
2. ensure the transformation into digital format on a magnetic, optical or other data carrier of the data currently available in the recordation books and their registration in the preliminary accounts.
§ 17. Prior to the entry into force of this Act, the Council of Ministers shall submit proposals for relevant amendments and supplements to acts whereby the establishment of cadastres on behalf of government institutions and agencies is provided for .
§ 18. Prior to the entry into force of this Act, the Council of Ministers shall approve the programs as per Article 94 (2).
§ 19. This Act shall enter into force as of January 1st, 2001, except for Article 4 and Arts. 10 through 22, which shall enter into force on the day of promulgation thereof in State Gazette.
TRANSITIONAL AND FINAL PROVISIONS
to the Act on Amending and Supplementing the Cadastre and Property Register Act
(SG No. 36/2004)
§ 39. Proceedings that had been underway but not completed towards the date of entry into force of this Act, pertinent to the production of a cadastral map and cadastral registers in respect of one property or a group of properties, shall be concluded pursuant to the provisions of Article 49a.
§ 40. (1) Proceedings that had been underway but not completed towards December 31, 2000, pertinent to the approval of cadastral plans pursuant to the now repealed Unified Cadastre of the People's Republic of Bulgaria Act, shall be concluded pursuant to the provisions of this Act.
(2) The date of submission of a cadastral plan for consideration and approval by the competent agency shall be constued as commencement of the proceedings pertinent to approval thereof.
(3) Cadastral plans assigned for development prior to December 31, 2000, shall be completed pursuant to the legislative provisions and requirements for development thereof, in effect towards the moment of entry into force of the procurement contract. Such plans shall be adopted, communicated to the interested parties and approved subject to the provisions this Act.
(4) Cadastral plans which have not been approved pursuant to the established procedure, but conform in terms of content and accuracy to the requirements prescribed by the ordinance as per Article 31, shall be approved subject to the provisions of this Act.
(5) Approved cadastral plans shall be maintained subject to the provisions of § 4 (1), item 2.
§ 41. Pending the approval of a cadastral map and cadastral registers for the respective area, the approved cadastral maps and cadastral registers as per Article 35b shall be maintained subject to the provisions of the ordinance as per Article 31.
§ 42. Pending the approval of a cadastral map and cadastral registers for the respective area, any buildings and facilities built on farm land and in forest territories shall be indicated in the maps and plans approved subject to the procedure as per the Agricultural Land Ownership and Use Act and the Act Restoring Ownership of Forests and Forest Stock Land Tracts . Such indication shall be effected upon payment by the investors of a fee pursuant to the tariff as per Article 31 (2) of the Ownership and Use of Farm Lands Act . The Ministry of Agriculture and Forests shall administer proceeds from such fees.
§ 43. Ongoing proceedings as per the now repealed Paragraph (6) of § 6 of the Transitional and Final Provisions of the Spatial Development Act pertinent to the completion or correction of cadastral plans, initiated prior to the entry into force of this Act, shall be concluded subject to the procedure as established heretofore.
§ 44. Within one month from the date of entry into force of this Act, the Council of Ministers shall adopt Rules of Organization of the Recordation Agency.
§ 45. (1) Within three months from the date of entry into force of this Act, the Council of Ministers shall allocate a suitable building for the Recordation Agency.
(2) The Council of Ministers, subject to a proposal by the Minister of Justice, shall provide for the needs and use of the recordation offices under the Recordation Agency premises within the buildings provided for the needs of the district courts.
§ 46. The Minister of Justice shall approve the structure and the staff of the Recordation Agency.
§ 47. (Effective 31.07.2004) (1) Employment relations with the recordation officers at the district courts shall be governed by the provisions of Article 123 of the Labour Code.
(2) Employment relations with employees of the court administration performing the duties of recordation officer shall be governed by the provisions of Article 111 of the Labour Code until the appointment of a tenured official at the recordation office.
§ 48. The part of the archive of the district courts containing the archive materials of the recordation offices shall be handed over to the Recordation Agency.
§ 49. Within three months from the entry into force of this Act the Minister of Regional Development and Public Works shall approve standard forms of the combined sketch attesting to full or partial identity of the boundaries of a landed property as per Article 16 (3), and of the sketch as per § 4 (1), item 1.
TRANSITIONAL AND FINAL PROVISIONS
under the Geodesy and Cartography Act
(SG No. 29/2006)
........................................................................
§ 7. In the Cadastre and Property Register Act (promulgated in SG No 34/2000, amended SG No. 45 and 99/2002, SG No. 36/2004, SG No. 39 and 105/2005) the following amendments and supplements shall be made:
........................................................................
17. Everywhere in the Act the words "Cadastre Agency", "cadastre service", "the cadastre service", "cadastre offices" and "the cadastre offices" shall be replaced respectively with "Geodesy, cartography, and cadastre agency", "service on geodesy, cartography and cadastre", "the service on geodesy, cartography and cadastre", "geodesy, cartography and cadastre offices" and "the geodesy, cartography and cadastre services".


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