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Bulgarian Spatial Development Act, part 1
Last update: 2008-08-21 03:33:39
PART ONE FUNDAMENTAL PRINCIPLES OF SPATIAL DEVELOPMENT Chapter One GENERAL PROVISIONS Article 1. (Amended, SG No. 65/2003) (1) The territory of the Republic of Bulgaria is a national asset. Spatial development shall guarantee sustainable development and favourable living, working and recreation conditions to the community. (2) This Act regulates the social relations associated with spatial development, development-project designing and construction in the Republic of Bulgaria and determines the restrictions on ownership for spatial-development purposes. Article 2. The Council of Ministers shall determine the principal guidelines and fundamental principles of spatial development policy and shall adopt decisions concerning the financing of spatial-development activities. Article 3. (1) (Amended, SG No. 65/2003) The Minister of Regional Development and Public Works shall direct the implementation of the national spatial-development policy and shall coordinate the activities of the central and the local executive authorities, the activities of the bodies of local self government and of the local administration, and shall provide methodological guidance and exercise control over the overall spatial-development practice. (2) The Minister of Regional Development and Public Works shall appoint a National Expert Board on Spatial Development and Regional Policy, and shall organize the operation thereof. (3) (New, SG No. 65/2003) Acting on a motion by the Minister of Defence and the Minister of Interior, the Minister of Regional Development and Public Works shall appoint specialized expert boards on spatial development which shall consider development project designs for special-purpose installations related to national defence and security. The Minister of Defence and the Minister of Interior shall organize the work of the said boards. Article 4. (1) Regional Governors shall implement the national spatial-development policy within the territory of the administrative regions whereof they are in charge. (2) Depending on the spatial-development objectives and tasks of administrative-regional and inter-municipality importance, the (competent) Regional Governor may appoint an administrative regional expert board on spatial development and shall organize the operation thereof for performance of the functions vested therein by this Act. The composition of such expert board shall be determined according to the character of the work under consideration. (3) (New, SG No. 65/2003) The Regional Governor shall organize the keeping of records of the acts issued thereby according to the powers vested therein under this Act. Article 5. (1) (Supplemented, SG No. 65/2003) Acting within the competence vested therein, the Municipal Council and the municipality mayor shall determine the spatial-development policy and shall implement spatial-development activities within the territory of the relevant municipality. (2) (Amended, SG No. 61/2007) Chief architects shall be appointed under an employment or civil-service relationship in the municipalities and in the boroughs of Sofia Municipality and of the cities subdivided into boroughs on the basis of a competitive selection procedure. To be eligible for appointment as chief architect, a person must possess full licensed designer competence or have the length of service required for attainment of such competence. (3) (Amended, SG No. 65/2003, SG No. 61/2007) The Chief Architect shall direct, coordinate and control the activities comprehended in spatial planning, design and construction within the relevant spatial-development area, shall coordinate and control the operation of the units referred to in Paragraph (6), and shall issue the administrative acts conforming to the powers conferred thereon under this Act. The Chief Architect of a municipality shall coordinate and control the activities of the chief architects of boroughs. (4) The municipality mayor (or ward mayor) shall appoint a municipal (or ward) expert board on spatial development. (5) (New, SG No. 65/2003) The municipality mayor shall organize the keeping of records of the spatial-development plans as approved and the modifications thereof, records of the construction files as issued, a register of all resolutions on preparation of detailed plans and of any modifications thereof, a register of the building permits as issued, and a register of commissioned construction works. (6) (New, SG No. 65/2003, amended, SG No. 61/2007) Units for performance of the functions and tasks under this Act shall be established within the structure of the municipal administration and of the borough administration. (7) (New, SG No. 65/2003) The Minister of Regional Development and Public Works and the regional governors shall transmit copies of the effective acts issued thereby within the scope of the powers vested therein under this Act regarding works within the territory of the relevant municipality to the municipal records for custody. The Minister of Interior and the Minister of Defence shall provide information to the municipalities regarding the special-purpose installations related to national defence and security according to the procedure established by the Classified Information Protection Act. Article 6. (1) The National Expert Board on Spatial Development and Regional Policy, the regional and the municipal (or ward) expert boards on spatial development shall perform consulting and expert examination activities. (2) The expert boards referred to in Paragraph (1) may furthermore include experts other than employees of the administration wherewith the said boards have been established. (3) Financial resources may be allocated under the appropriate budgets for the operation of the expert boards referred to in Paragraph (1). (4) (Amended, SG No. 65/2003) The expert board shall furthermore include representatives of the specialized control and clearance authorities where the opinion, decision or authorization thereof are required by statute. (5) (Repealed, SG No. 65/2003). (6) (Amended, SG No. 65/2003) The specialized expert boards on spatial development related to national defence and security shall perform the following functions: 1. conduct an expert examination of development-project designs; 2. accept development-project designs; 3. perform other activities as shall be assigned thereto by the Minister of Defence or by the Minister of Interior. (7) (Amended, SG No. 65/2003) The terms and procedure for the work of the expert boards shall be regulated by an order of the appointing authority.
Chapter Two INTENDED PURPOSE OF SPATIAL-DEVELOPMENT AREAS AND LOTS
Article 7. According to the basic intended purpose thereof as determined by the (relevant) spatial-development schemes and plans, there shall be the following types of spatial-development areas in Bulgaria: urbanized areas (nucleated settlements and dispersed settlements), agricultural areas, forest areas, protected areas, and disturbed areas for rehabilitation. Article 8. The specific intended purpose of lots shall be determined by the relevant detailed plan and may be one of the following: 1. (amended, SG No. 65/2003, amended and supplemented, SG No. 65/2004) within urbanized areas or in detached lots outside the boundaries of such areas: for residential, public-services, manufacturing, storage, resort, country-house, sporting or recreational functions, for green spaces and landscaped links between green spaces and nature-conservation areas, for decorative water features (cascades, navigable canals and other such), for public access and transport, including bicycle paths and movement of persons with disabilities, for physical infrastructure, for special-purpose installations etc.; 2. within agricultural areas: for cropland (fields, orchards or vegetable gardens, vineyards, meadows etc.) or for uncropped land (pastures, slopes, ravines, gullies etc.); 3. within forest areas: for forests (merchantable forests, protection forests, recreation forests etc.) or for woodland (glades, heaths, rocks etc.); 4. (amended, SG No. 88/2005) within protected areas: for nature conservation (nature reserves, national parks, natural monuments, managed reserves, natural parks, protected sites, coastal beaches, sand dunes, water sources with the sanitary protected areas thereof, aquatic areas, wetlands, protected water margins) or for protection of cultural and historical heritage sites (archaeological reserves, specific blocks or lots within nucleated settlements of cultural, historic, ethnographic or architectural significance); 5. within disturbed areas: for rehabilitation and reclamation of quarries, ore mines, waste banks, tailings ponds, sanitary landfills, cave-ins etc. Article 9. (Supplemented, SG No. 65/2003, amended, SG No. 65/2004, SG No. 61/2007) (1) In spatial-development areas without spatial-development plans, until the entry into effect of the plans, the assigned use of the lots shall be determined by the actual use of the said lots, insofar as the said use does not conflict with a statute. (2) The assigned use of any spatial-development areas and lots shall be altered for the purpose of building development on the basis of an effective detailed plan under the terms and according to the procedure established by this Act. (3) The assigned use of any spatial-development areas and lots which are cultural and historical heritage sites shall be altered after clearance with the National Institute of Monuments of Culture under the terms and according to the procedure established by Article 125 (5) herein.
Chapter Three SPATIAL DEVELOPMENT OF SPATIAL-DEVELOPMENT AREAS AND LOTS Section I General Requirements to Spatial Development
Article 10. (1) The requirements to spatial development shall be established by spatial-development schemes and plans in accordance with the effective statutory framework. (2) Special planning-protection areas, including areas of distinctive character designated according to the procedure established by separate statutes, may acquire a special planning and control mode. The scope and the planning mode of such areas shall be determined by spatial-development schemes and plans. (3) A preventive planning-protection mode may be conferred on spatial-development areas and parts thereof, designated according to the procedure established by this Act, whereby the actual use of the said areas and parts is preserved without degradation of the qualities thereof. Article 11. (Supplemented, SG No. 65/2003) In order to ensure appropriate spatial development, lots may be grouped together into spatial- development areas and planning zones which shall be designated by the master plans and detailed plans and in accordance with the ordinance referred to in Article 13 (1) herein. Article 12. (1) Within the meaning given by this Act, "building development" shall be the arrangement and construction of buildings, structures, networks and facilities in lots. (2) Building development shall be permissible solely where projected by an effective detailed plan and after alteration of the intended purpose of the land, where so required according to the procedure established by a special statute. (3) (Amended, SG No. 65/2003) Building development of works whereof the functions are compatible with the intended purpose of the lots shall be permissible in any lots referred to in Items 2, 3 and 4 of Article 8 herein without alteration of the intended purpose, in compliance with the effective statutory framework and on the basis of a detailed plan or a design permit issued by the Chief Architect of the municipality. Article 13. (1) The Minister of Regional Development and Public Works shall issue an ordinance establishing the rules and standard specifications applicable to the planning of the particular types of spatial-development area and planning zone. (2) (Amended, SG No. 65/2003, SG No. 61/2007) Special rules and standard specifications, admitting deviations from the rules and standard specifications referred to in Paragraph (1), may be established attached to the relevant master plans and detailed plans or parts thereof in respect of: 1. any special planning protection areas or parts thereof and any preventive planning protection mode areas or parts thereof referred to in Article 10 (2) and (3) herein; 2. any spatial-development areas or parts thereof assigned for low-rise residential development in nucleated settlements of complicated ground and geologic conditions and/or for low-rise residential development with social housing; 3. any spatial-development areas or parts thereof for special-purpose installations related to national defence and security. (3) (Amended and supplemented, SG No. 61/2007) The special rules and standard specifications referred to in Paragraph (2) shall be adopted by the National Expert Board on a proposal by the competent Municipal Council (or municipal councils) prior to the approval of the relevant spatial-development plans. The Minister of Regional Development and Public Works shall approve or shall refuse to approve the decision of the National Expert Board by an order which shall be promulgated in the State Gazette. The said order shall be unappealable and shall be binding on the municipal authorities concerned. (4) (New, SG No. 65/2003) The special rules and standard specifications related to national defence and security shall be determined by an ordinance of the Minister of Regional Development and Public Works, the Minister of Defence, and the Minister of Interior. (5) (Renumbered from Paragraph (4), SG No. 65/2003) With a view to maintaining the natural balance and the permissible pressure on spatial-development areas, the building development thereof shall be implemented in accordance with standard specifications as to the land required according to the ordinance referred to in Paragraph (1). (6) (New, SG No. 65/2004) In respect of any cultural and historical conservation areas, establishment of special rules and standard specifications referred to in Paragraph (2) shall be mandatory. The said rules and specifications shall be adopted by the National Expert Board, referred to in Paragraph (3), which shall mandatorily include representatives of the National Institute of Monuments of Culture.
Section II Regulation and Building Development of Spatial-Development Areas and Lots
Article 14. (1) The detailed plans shall regulate streets, as well as blocks and lots for building development and for purposes other than building development. (2) Streets and blocks shall be regulated by means of record street lines. (3) Lots shall be regulated by means of: 1. record street lines, delimiting the lot boundary with the adjoining street (frontage of the lot); 2. inner record lines, delimiting the lot boundaries with the adjoining lots (side and rear), under the terms established by Articles 16 and 17 herein. (4) Regulated lots shall mandatorily have a frontage (egress) to a street, to a road or, as an exception, to a park walk. (5) The record lines covered under Paragraph (3) shall become lot boundaries in lots regulated by a detailed plan. Article 15. (1) A detailed plan referred to in Article 16 or in Article 17 herein shall regulate solely such lots as have not been regulated by a preceding detailed plan. Any lots once regulated shall not be subject to any succeeding regulation except in the cases provided for in this Act. (2) Any succeeding detailed plan may regulate solely streets or blocks without altering the boundaries between the lots. (3) (Amended, SG No. 65/2003) The boundaries of regulated lots may be altered solely by means of a regulation plan with the consent of the owners of the said lots, and such consent must be expressed in a statement and tentative agreement on transfer of title bearing notarized signatures. (4) (New, SG No. 65/2003) Where the boundaries of any regulated lots constituting state property are altered by means of a regulation plan, the agreement referred to in Paragraph (3) shall be concluded at market prices by the Regional Governor in writing. (5) (New, SG No. 65/2003) Where the boundaries of any regulated lots constituting municipal property are altered by means of a regulation plan, the agreement referred to in Paragraph (3) shall be concluded at market prices by the municipality mayor in writing. (6) (New, SG No. 65/2003) Any order approving a regulation plan whereby the boundaries between regulated lots are altered according to the procedure established by Paragraph (3) shall enter into effect as from the issuance thereof and shall be communicated to the applicants. (7) (New, SG No. 65/2003) Construction within any regulated lots whereof the boundaries are altered by the regulation plan according to the procedure established by Paragraph (3) herein shall be authorized after presentation of a conclusive contract under Paragraph (3), (4) or (5). (8) (New, SG No. 65/2003) Construction within any regulated lots whereof the boundaries are altered by the regulation plan according to the procedure established by Paragraph (3) herein shall be denied authorization where, as a result of the modification of the regulation plan, the building-development plan of the regulated lots concerned conflicts with the effective spatial-development rules and standard specifications. (9) (New, SG No. 65/2003) A modification of the regulation plan according to the procedure established by Paragraph (3) shall be refused by an order of the municipality mayor where the draft modification provides for creation of a legally impermissible siting of any existing buildings or of authorized construction works. (10) (New, SG No. 65/2003) A modification of the regulation plan according to the procedure established by Paragraph (3) shall be refused by an order of the municipality mayor where the draft modification provides for creation of regulated lots whereof the frontage and surface area are less than the minimum requirements established by statute for the building-development character and manner determined by the building-development plan of the said lots. (11) (New, SG No. 65/2003) Copies of the effective modifications of the detailed spatial-development plans referred to in Paragraph (3) shall be transmitted through official channels by the municipality to the Geodesy, Cartography, and Cadastre Agency upon presentation of a conclusive contract under Paragraph (3), (4) or (5). Article 16. (1) (Supplemented, SG No. 61/2007) A detailed plan in respect of previously unregulated spatial-development areas, as well as in respect of spatial-development areas whereto the first regulation under a preceding spatial-development plan has not been applied, shall determine the surface areas as shall be necessary for construction of the social infrastructure projects constituting public property, of the green spaces consolidated into a green structure, and of the physical-infrastructure public networks and facilities. For the purpose of implementation of the said projections, upon entry of any such plan into effect, the owners of lots (affected) shall transfer to the municipality a percentage share of the surface area of the corporeal immovables thereof as determined by the plan which may not exceed 25 per cent. (2) A detailed plan referred to in Paragraph (1) shall be prepared on the basis of a cadastral map as approved according to the procedure established by the Cadastre and Property Register Act. (3) The frontage and the surface area of any newly formed regulated lots, the specific intended purpose thereof, and the building-development character and manner thereof shall be determined by the detailed plan proper. (4) In the cases covered under Paragraph (1), the municipality shall allot to each owner of a lot affected an equivalent regulated lot or lots, reckoning with the location of the lots in the site but without regard to the exact cadastral boundaries of the said lots. Where a property extends over different planning zones, the newly formed regulated lot shall be provided in the zone where the lot (transferred) was predominantly located. The market value of the regulated lots may not be less than the market value of the properties prior to the regulation thereof, which shall be evidenced by a decision of the commission under Article 210 herein. (5) Title to the regulated lots newly formed by the plan shall pass to the owners of lots referred to in Paragraph (4), and title to the shares ceded thereto under Paragraph (1) shall pass to the municipality on the effective date of the (relevant detailed) plan. For the purpose of acquisition of title to each particular regulated lot, the municipality mayor or a person thereby authorized shall issue an order setting forth the precise individualization of the lot concerned. Within seven days after the effective date of such order, a copy thereof shall be transmitted to the Recording Office, and a copy of the approved plan referred to in Paragraph (1) shall be transmitted to the Geodesy, Cartography, and Cadastre Agency for entry in the property register and plotting in the cadastre proprio motu. (6) Mortgages raised on lots prior to the regulation thereof shall pass entirely onto the newly created regulated lots. The municipality shall acquire the shares in the lots thereto ceded unencumbered by any charge. (7) In respect of any spatial-development areas with unregulated lots, as well as of any spatial-development areas whereto the first regulation under a preceding spatial-development plan has not been applied, a regulation plan for streets and lots for projects constituting public property, referred to in Item 2 of Article 110 (1) herein, may be created by resolution of the (competent) Municipal Council in lieu of a plan referred to in Paragraph (1). Article 17. (1) In any cases other than such covered under Article 16 herein, a detailed plan in respect of a nucleated settlement or a part thereof shall regulate theretofore unregulated lots, whereupon the inner record lines of the said lots shall become coincident with the (existing) property lines. (2) In compliance with the rules and standard specifications established in this Act, the plan referred to in Paragraph (1) may regulate: 1. existing unregulated lots for the purpose of formation of a larger number of self-contained regulated lots; 2. lots whereof the size does not satisfy the requirements established by Article 19 herein, for the purpose of establishing full-size lots by means of incorporation of parts of adjoining lots; 3. adjoining unregulated lots, for the purpose of creation of co-owned regulated lots. (3) (Supplemented, SG No. 65/2003) In the cases covered under Paragraph (2), the owners concerned shall submit an application to the (appropriate) municipality, and in the cases referred to in Items 2 and 3 of Paragraph (2), any such application shall enclose a tentative agreement on transfer of title bearing notarized signatures. The undivided interests held by the co-owners in the co-owned regulated lots as formed shall be determined by the agreement proper. (4) (New, SG No. 65/2003) Where any regulation plan referred to in Items 2 and 3 of Paragraph (2) affects any lots constituting state property, the agreement referred to in Paragraph (3) shall be concluded at market prices by the Regional Governor in writing. (5) (New, SG No. 65/2003) Where any regulation plan referred to in Items 2 and 3 of Paragraph (2) affects any lots constituting municipal property, the agreement referred to in Paragraph (3) shall be concluded at market prices by the municipal mayor in writing. (6) (New, SG No. 65/2003) In the cases referred to in Items 2 and 3 of Paragraph (2), construction may be authorized upon presentation of a conclusive contract under Paragraph (3), (4) or (5). (7) (Renumbered from Paragraph (4) and supplemented, SG No. 65/2003) Copies of the effective detailed plans shall be transmitted by the municipality to the Geodesy, Cartography, and Cadastre Agency through official channels. In the cases referred to in Items 2 and 3 of Paragraph (2), copies of the effective detailed plans shall be transmitted by the municipality to the Cadastre Agency through official channels upon presentation of a conclusive contract under Paragraph (3), (4) or (5). Article 18. (1) In respect of lots regulated for building development, a detailed plan shall determine: 1. the specific intended purpose, permissible activities and permissible building development; 2. the maximum building-development density; 3. the maximum building-development intensity; 4. the minimum open yard space; 5. the mandatory minimum yard green space; 6. the building-development manner and character; 7. the building-development lines. (2) Particular types of a detailed plan may contain only part of the specifications covered under Paragraph (1). Article 19. (1) Upon regulation of lots for low-rise residential development, whether detached or attached across the boundary between two lots, the lot sizes shall comply with the following requirements: 1. in urban settlements: a minimum of 14 metres in frontage and 300 square metres in surface area; 2. (amended, SG No. 65/2003) in resort nucleated settlements and dispersed settlements and in resort zones with nucleated settlements: a minimum of 16metres in frontage and 500 square metres in surface area; 3. in country-house zones: a minimum of 18 metres in frontage and 600 square metres in surface area; 4. in rural settlements or parts thereof located on predominantly level ground: a minimum of 16 metres in frontage and 500 square metres in surface area; and where specific ground or economic conditions apply, as well as along major streets: a minimum of 14 metres in frontage and 300 square metres in surface area; 5. in rural settlements or parts thereof located on predominantly steep ground: a minimum of 12 metres in frontage and 250 square metres in surface area. (2) The rural settlements and the parts thereof located on predominantly level or steep ground shall be designated by the (competent) Municipal Council by resolution on the basis of an opinion of the municipal expert board. (3) (Amended, SG No. 65/2003) The minimum frontage and floor area sizes of lots regulated for low-rise development, as determined in Paragraph (1), may be reduced by not more than one fifth depending on the economic, technical or ground conditions, or to allow for the position of pre-existing solid buildings, where such allowance shall not result in deterioration of the conditions for appropriate building development, on the basis of an opinion of the municipal expert board. (4) Upon partition of any lot covered under Paragraph (1), the sizes of the resulting physical divisions may not be smaller than the minimum established in Paragraph (1) or reduced by more than one-fifth of the said sizes. (5) (Amended, SG No. 61/2007) Upon regulation of lots in blocks for medium-high-rise and high-rise development, for low-rise development attached across the boundary between two lots, for development with social housing or for other development of specific character extending over more than two lots, the sizes of the lots concerned shall be determined by the relevant detailed plan proper without compliance with the minimum standards covered under Paragraph (1). (6) (Amended, SG No. 65/2003) Upon regulation of lots for non residential development or for purposes other than building development within nucleated-settlement limits, the sizes of the lots concerned shall be determined by a detailed plan, in conformity with the requirements of sanitation, hygiene and fire protection and the relevant spatial-development rules and standard specifications. (7) (Supplemented, SG No. 65/2003) The apparent outlines of streets, squares and regulated lots and the sizes thereof, as well as the building development of lots within nucleated settlements or parts thereof of historic, archaeological, ethnographic or architectural significance shall be established by the (relevant) detailed plan proper, so as to preserve the historical and architectural landmarks, the surroundings, the distinctive spatial design and architectural and aesthetic character, and the valuable tree vegetation.
Section III Types of Building Development, Building-Development Parameters
Article 20. (1) Building development in regulated lots can be either principal or accessory. (2) The principal development shall conform with the specific intended purpose of the lots according to Article 8 herein, as determined by the (relevant) detailed plan. (3) Development with auxiliary, farm or subordinate structures shall be accessory to the principal development in regulated lots. Article 21. (1) The building-development manner in adjoining regulated lots can be either detached or attached. (2) (Supplemented, SG No. 61/2007) Principal-development buildings may be developed in an attached manner solely across side property lines, with completely overlapping blank walls. Non-overlapping of a blank wall may be admitted under terms and according to a procedure established by the rules and standard specifications referred to in Article 13 herein, where the overlapping of the blank wall leads to a breach of other standard specifications for height and separations and when other existing specific features have to be complied with. (3) (New, SG No. 61/2007) The provisions of Paragraph (2) shall not apply to any protected cultural and historical heritage areas. (4) (Renumbered from Paragraph (3), SG No. 61/2007) Accessory-development structures may be developed in an attached manner across inner property lines. (5) (Renumbered from Paragraph (4), SG No. 61/2007) Attached low-rise development shall be permissible subject to the consent of the owners of the adjoining lots wherein the attached development shall be established. Article 22. (1) In blocks or in large regulated lots, cluster development may be applied, with arrangement in clusters of buildings of different intended purposes, whether free-standing or attached. (2) The open spaces between buildings in cluster development shall be spatially developed predominantly as parks and gardens. (3) In residential or resort complexes, cluster development may combine with building development within separate regulated lots. (4) (New, SG No. 106/2006) New construction in the existing residential complexes shall be projected on the basis of a detailed plan referred to in Article 110 (4) herein: a plan for regulation and building-development mode of the residential complex of a scope extending at least to the spatial- development area of one block in cluster-development mode. The draft regulation plan and the draft building-development mode for redevelopment of the residential complex shall be subject to a public debate according to the procedure established by Article 121 (1) herein prior to being laid before the expert boards on spatial development. (5) (New, SG No. 106/2006) The drafts referred to in Paragraph (4) may not exceed the parameters of the plan according to which the residential complexes were established. (6) (Supplemented, SG No. 65/2003, amended, SG No. 65/2004, renumbered from Paragraph (4), SG No. 106/2006, amended and supplemented, SG No. 61/2007) Upon regulation of lots within the existing blocks with cluster development, the separations between the newly projected buildings and the existing buildings shall be determined according to the clustered development rules. The building development density and intensity in any such lots may not exceed the parameters fixed by the plan for the relevant planned development zone, while concurrently reckoning with the parameters for the separate blocks within the said zone. The assigned use of any grounds situated within the same block may not be altered for the purpose of increasing the building development density if the standard specifications for green spaces, established in the ordinance referred to in Article 13 (1) herein, have not been achieved. (7) (New, SG No. 65/2004, renumbered from Paragraph (5) and amended, SG No. 106/2006, SG No. 61/2007) Upon restructuring of blocks with cluster development, there shall be designated spaces adjoining the existing buildings according to the rules and standard specifications established in the ordinance referred to in Article 13 (1) herein, which shall be regulated as lots. The remaining undeveloped part of the blocks, including the lots for which building development cannot be projected according to the rules referred to in Paragraph (6), shall be regulated as green spaces for general public use and shall be entered in the public register referred to in Article 63 (1) herein. Article 23. (1) The building-development character shall be determined depending on the height of the principal-development buildings as follows: 1. low-rise: of a height not exceeding 10 metres; 2. medium-rise: of a height not exceeding 15 metres; 3. high-rise: of a height exceeding 15 metres. (2) (Supplemented, SG No. 65/2003) Solely low-rise development, of a height not exceeding 7 metres, shall be permissible in country-house zones. Article 24. (1) (Supplemented, SG No. 65/2003 and SG No. 65/2004) The height of a building, where facing the building development line, shall be measured in absolute units from the level mark of the average elevation of the ground adjoining the relevant surrounding wall to: the level mark of the intersecting line of the facade plane with the roof plane, applicable to buildings with roof eaves; to the level mark of the upper surface of the cornice, applicable to buildings with cornices; to the level mark of the highest point of the surrounding walls, applicable to buildings without cornices and without eaves. (2) (Amended and supplemented, SG No. 65/2003) The height of a building shall exclude the height of the roof space, provided that such space shall remain behind a geometrical plane enclosed between an angle of 45 degrees with the horizon and the line of intersection of the facade plane with the upper plane of the cornice or eaves or, applicable to buildings without cornices and without eaves, with the highest point of the surrounding walls. Where the height of the roof space is not included in the height of the building, the level mark of the ridge may not exceed the level mark of the cornice or, respectively, the eaves or the highest point of the surrounding walls, by more than 4. 5 metres. (3) (New, SG No. 65/2004) The height of a building shall be presumed equal to the permissible height if the building is located within a space bounded by a vertical plane along the building-development line of a height equal to the permissible height and a geometrical plane enclosed between an angle of 45 degrees with the horizon and the said height. In such a case, the level mark of the ridge may not exceed the height of the building, measured under the terms established by Paragraph (1), by more than 4. 5 metres. Article 25. Building development in regulated lots shall be delimited by outer and inner building-development lines beyond which the buildings may not be arranged at ground level or along which the buildings must be arranged at ground level, according to the projection of the (relevant) detailed plan. Article 26. (1) (Amended, SG No. 65/2003) The outer building development line shall be set back from the record street line of the primary street network as follows: 1. along first-class streets (urban freeways): a minimum of 15 metres; 2. along second-class streets (urban highways): a minimum of 5 metres; 3. along third-class streets (arterial streets): a minimum of 3 metres. (2) Where a street referred to in Items 2 or 3 of Paragraph (2) has a frontage road, the outer building-development line may be coincident with the record street line. (3) The setbacks covered under Paragraph (1) may be reduced in cases where the pre-existing buildings are preserved and incorporated into the system of building development under the detailed plan, with the building-development line of any new buildings being determined respecting the building-development line of the existing buildings where the said pre-existing buildings shall predominate. Article 27. (1) The building-development lines in a regulated lot having frontage upon two streets shall be delimited according to the rules applicable to each street. (2) In a regulated corner lot, where the building-development lines are coincident with the record street lines along both streets, the building-development line in the intersection zone shall be set back at least 2 metres from the point of intersection of the record street lines of the regulated lot. (3) (Supplemented, SG No. 61/2007) Building-development density and intensity shall not be restricted in regulated corner lots with attached principal development along the two side record lines. (4) (New, SG No. 61/2007) The provision of Paragraph (3) shall not apply where the regulated lot has a frontage to two streets of which one is cul-de-sac. Article 28. A detailed plan may prescribe different depths of development for the first storey above ground level (of such height as the said plan shall determine) and, separately, for the principal development above the first storey above ground level, complying with the standard specifications regarding building development density and intensity and regarding separations between buildings. Article 29. The depth of development of residential buildings shall not be restricted where the maximum permissible standard specifications for building-development density and intensity, for green space and for separations from regulated-lot boundaries and between buildings are complied with under the terms established by Articles 31 to 35 inclusive herein, in any of the following cases: 1. upon detached development; 2. upon attached development, solely across the boundary between two regulated lots. Article 30. (1) (Amended, SG No. 41/2001) In residential zones with attached development, the depth of principal-development residential buildings above the first storey above ground level shall be a maximum of 16 metres. (2) Exceptions to the rule established by Paragraph (1) shall be permissible solely where the regulated lot has a depth exceeding 30 metres and a frontage of at least 20 metres. (3) The depth of development of non-residential buildings shall not be restricted if the requirements of sanitation, hygiene and fire protection and the requirements established by Article 35 (1) herein are complied with.
Section IV Rules and Standard Specifications Regarding Arrangement of Principal-Development Buildings
Article 31. (1) (Amended, SG No. 65/2003) In respect of low rise residential development, the standard specifications regarding the separations between principal-development buildings shall be: 1. from the side regulated-lot line: a minimum of 3 metres; 2. from the rear regulated-lot line: a minimum of 5 metres. (2) (Amended, SG No. 65/2003) In respect of medium or high-rise residential development, the standard specifications regarding the separations between principal-development buildings shall be: 1. from the side regulated-lot line: a minimum of one-third of the height of the building; 2. from the rear regulated-lot line: a minimum of 6 metres. (3) (New, SG No. 65/2003) The standard specifications regarding the separations covered under Paragraph (2) shall be optional where the inner regulated-lot lines abut a river. In such cases, the building-development lines facing the river shall be determined in compliance with the requirements of hygiene, fire protection and protection against geologic hazards, as well as with the other spatial-development rules and standard specifications. (4) (Renumbered from Paragraph (3), SG No. 65/2003) The separations between two residential buildings across the side boundary of adjoining regulated lots shall be equal to the sum total of the required separations from each of the buildings to the boundary between the lots. (5) (Renumbered from Paragraph (4), SG No. 65/2003) The standard specifications regarding separations from the side regulated-lot lines, established under Paragraphs (1) and (2), shall apply to buildings of a depth not exceeding 14 metres. In respect of buildings of a larger depth, the separations shall be increased by 30 per cent for the excess of depth over 14 metres. Article 32. (1) (Amended, SG No. 65/2003, SG No. 61/2007) The separation between principal-development residential buildings across a street shall be greater than, or equal to, the combined height of the said residential buildings. (2) (Amended, SG No. 65/2003, SG No. 61/2007) The separation between principal-development residential buildings across the rear of the regulated lot shall be, at a minimum, one and a half times the height of the building oriented in a manner affording more beneficial solar access. On sloping ground, depending on the direction of the slope in respect of the orientation affording more beneficial solar access, the separation shall be increased or decreased by the difference of the average elevations of the ground adjoining the two buildings. (3) (Amended, SG No. 61/2007) Upon determination of the separation between the buildings under Paragraphs (1) and (2), the height of the building on the side affording more beneficial solar access shall be reduced by the height of the first and succeeding non-residential stories of the building affording less beneficial solar access. Article 33. (Supplemented, SG No. 65/2003) In a lot regulated for residential development with multiple buildings, as well as upon cluster development in residential or resort complexes, the separations between principal-development buildings shall be prescribed by the ordinance referred to in Article 13 (1) herein. Article 34. In country-house zones, buildings shall be separated at a minimum of 4 metres from the side lines and at a minimum of 6 metres from the rear of the regulated lot. The minimum separation between buildings across a street or across the rear of a lot shall be determined according to the procedure established by Article 32 herein. Article 35. (1) (Amended, SG No. 65/2003) The separations between residential and non-residential buildings in any two adjoining regulated lots shall be determined in conformity with the standard specifications regarding separations between residential buildings. In this case, the depth of development of the non-residential building shall be determined according to the procedure established by Article 31 (5) herein. (2) The separation from a non-residential building to the inner regulated-lot lines upon detached development may not be less than 3 metres, and the separation between any such buildings within a regulated lot shall conform to the (relevant) detailed plan and shall comply with the requirements of sanitation, hygiene, fire protection and engineering.
Section V Deviations from Building-Development Rules and Standard Specifications
Article 36. (1) With a view to preserving pre-existing fit buildings, it shall be permissible for the actual siting of the pre-existing buildings in the working spatial-development plans to deviate from the required separations, provided that such buildings are solid and have a residual useful life of not less than 25 years, or are cultural or historical heritage sites within the meaning given by the Monuments of Culture and Museums Act. In such cases, the required separation between the pre-existing buildings and any buildings projected by the plan within adjoining regulated lots may be reduced by not more than one-third, with the building-development lines being determined respecting the siting of the pre-existing building. (2) On the basis of a working spatial-development plan, any pre existing solid buildings may be heightened together with the extension as shall be necessary for any such heightening, complying with the minimum required separations between the buildings in the adjoining regulated lots but without having to comply as well with the minimum required separation between the buildings and the relevant property lines. In such a case, it shall be permissible for the separation between the buildings, including such separation across a street, to be reduced by not more than one-third depending on the position of the pre-existing solid buildings and the possibilities for building development. (3) Upon urban development of blocks with attached development, where the height of a (new) building must conform to the height of pre-existing buildings, it shall be permissible, on the basis of a working spatial-development plan, for the separation between adjoining buildings at the rear of the regulated lot, as well as for the separation between the building-development lines on the two sides of the street, to be reduced by not more than one-third. (4) Where so proposed by the (competent) Municipal Council and authorized by the Minister of Regional Development and Public Works, deviations larger than such established in Paragraphs (1), (2) and (3) shall be permissible in respect of blocks and streets of predominantly developed (50 per cent and more) regulated lots in the central parts of urban settlements. (5) (New, SG No. 65/2003) Any authorization referred to in Paragraph (4) shall be issued within two months after receipt of a request.
Section VI Principal-Development Buildings. Requirements to Residential Buildings and Dwelling Units
Article 37. (1) Principal-development buildings shall be constructed in conformity with the intended purpose of the regulated lots as determined in a detailed plan. (2) Principal-development buildings can be either residential, or manufacturing, or resort, or country-house, or public-services or other, as well as mixed-purpose buildings. (3) In mixed-purpose buildings, the premises and establishments for non-residential needs involving mass access of non-residents shall be arranged below the residential units. Article 38. (1) In addition to dwelling units, studios and studies for individual creative pursuits may be constructed on stories of residential buildings above ground level, and parking garages, transformer stations as an exception, as well as other physical-infrastructure projects and facilities may be constructed on the first storey (above ground level), on the semi-subterranean storey or in the basement, observing the requirements of sanitation, hygiene, fire protection and the other technical requirements and safety standards. (2) Business and service establishments in any residential building under construction may be projected in the basement, on the semi-subterranean storey, or on the first storey (above ground level), provided that any such establishment shall have a separate entrance and shall conform to the requirements of sanitation, hygiene, fire protection and other technical requirements. (3) (Supplemented, SG No. 65/2003) It shall be permissible to remodel and alter the intended purpose of any residential premise or of any self-contained dwelling unit within an existing residential building having a condominium project mode through conversion into a medical consulting room, an office or a studio for individual creative pursuits, requiring the access of non residents to the building, provided that such establishments shall be located on the first storey (above ground level) or on the semi subterranean storey and the remodelling thereof shall conform to the requirements of sanitation, hygiene, fire protection and other technical requirements, and on the basis of an express notarized consent in writing given by all owners of dwelling units adjoining the establishments. As an exception, arrangement of such establishments shall be permissible on other stories above ground level as well, solely on the basis of a resolution of the general meeting of owners passed according to the established procedure, and provided that an express notarized consent in writing has been obtained from all owners of property adjoining the said establishments. (4) (Supplemented, SG No. 65/2003) Any existing residential premise or self-contained dwelling unit on the first storey (above ground level) of a residential building may be remodelled with an alteration of the intended purpose thereof through conversion into a retail shop or for any service activities other than such covered under Paragraph (3), complying with the requirements of sanitation, hygiene, fire protection and if provided with a separate entrance other than the entrance and the common premises on the residential stories. Such conversion shall require a resolution of the general meeting of owners of dwelling units passed according to the established procedure, and an express notarized consent in writing given by all owners of property adjoining the relevant establishment. (5) (Amended, SG No. 65/2003, supplemented, SG No. 61/2007) Any premises and establishments constructed for non-residential uses within a pre-existing residential building may be remodelled and have their assigned use altered according to the standard procedure, provided that this does not lead to noise pollution and other pollution above the limit values. (6) (New, SG No. 65/2003) The consent of the owners in a condominium project shall not be required upon restoration of the residential intended purpose of any self-contained premises and projects converted to non-residential needs, constructed in a pre existing residential building. (7) (Renumbered from Paragraph (6) and amended, SG No. 65/2003) A reasoned opinion of a structural engineer possessing full licensed designer qualifications, proving that loads are not increased, that structural elements are not affected, and that the bearing capacity, the stability and the durability of the building are not impaired, shall mandatorily be presented attached to the designs for any conversion under Paragraphs (3) to (5) inclusive and, where the building structure has to be modified or loads have to be increased, a structural design part shall furthermore be presented attached to any such design. Article 39. (1) In a country-house building, parking garages may be constructed on the first storey (above ground level) or below ground level, as well as studios and studies for individual creative pursuits on the stories and within the roof space. (2) Upon alteration of the intended purpose of any building or part thereof in residential, resort or country-house zones, where such alteration shall involve mass access of non-residents or noise pollution or other pollution above the limit values applicable to the zone, in addition to compliance with the requirements established by Article 38 herein, it shall furthermore be necessary to obtain an express notarized consent in writing given by all owners and holders of limited real rights in adjoining lots. (3) (New, SG No. 65/2003) In the cases under Paragraph (2), the modification of the detailed plan shall be recorded proprio motu, on the basis of an order of the municipality mayor, without conducting a procedure for modification of the detailed plan. (4) (New, SG No. 65/2003) The consent of the owners concerned shall not be required, and a procedure for modification of the detailed plan shall not be conducted, in case a non-residential building in a residential, resort or country-house zone is converted into a residential building, and any such alteration shall be recorded according to the procedure established by Paragraph (3). Article 40. (1) Every dwelling unit must have a separate entrance, at least one residential premise, a kitchen or a kitchenette and a bathroom, as well as a cellar which may be located inside or outside the dwelling unit. It shall be permissible for the premises to be spatially linked, with the exception of lavatories and bathrooms. (2) A sanitary unit may not be located above a residential premise, above a kitchen or a food cellar except in a dwelling unit which the said sanitary unit serves.
Section VII Accessory Development, Fences (Heading amended, SG No. 65/2003)
Article 41. (Amended, SG No. 65/2003) (1) The accessory development in regulated lots shall consist of auxiliary, service, farm and subordinate structures to the principal-development buildings and shall be permitted in conformity with the projections of the detailed plan. (2) Where accessory development is not projected by the effective detailed plan, such structures may be permitted by the Chief Architect of the municipality by means of an investigation and design permit referred to in Article 140 herein, if the structures are developed in a detached manner or touching to principal-development buildings in the regulated lot or attached to accessory-development structures solely between two regulated lots. Such development as permitted shall be recorded in the effective detailed plan proprio motu. (3) Any building development, whereby the planning indicators set by the detailed plan for the relevant regulated lot are exceeded, shall be impermissible according to the procedure established by Paragraph (2). Article 42. (1) (New, SG No. 65/2003) Accessory-development structures shall be arranged either in a detached manner or touching the principal development in the regulated lot, or attached to the accessory development in an adjoining lot. (2) (Renumbered from Paragraph (1), amended and supplemented, SG No. 65/2003) No accessory-development structures other than parking garages, workshops and distributive-trade and service establishments may be arranged at the record street line or between the record street line and the principal-development buildings. Accessory-development structures may be constructed along the inner regulated-lot line provided that the blank walls of the said structures overlap with the blank walls of pre existing or newly projected structures in the adjoining regulated lot or solid fences. (3) (Renumbered from Paragraph (2) and amended, SG No. 65/2003) In a free-standing arrangement, any accessory-development structures shall be of a height not exceeding 3. 6 metres and shall be separated from the inner regulated-lot lines at a minimum of 3 metres or, where up to 2. 5 metres in height, any such structures shall be separated from the southern, south-western and south eastern boundary with the adjoining regulated lot at a minimum of 1. 5 metres up to 45 degrees off due south. (4) (Renumbered from Paragraph (3) and amended, SG No. 65/2003) Any free-standing semi-subterranean structures, rising up to 1. 2 metres above the adjoining ground, shall be separated from the inner regulated-lot line at a minimum of 1. 5 metres. Article 43. (1) The required number of indoor and/or outdoor parking spaces for new buildings shall mandatorily be provided within the regulated- lot boundaries. (2) (Amended and supplemented, SG No. 65/2003) Exceptions to the provision under Paragraph (1) may be permitted by the authority competent to issue the building permit where it is impossible to provide the standard required number of indoor and/or outdoor parking spaces within the regulated- lot boundaries due to technical or statutory constraints such as: regulated- lot size and/or gradient, groundwater conditions, sanitary protected areas and other such under terms established by the ordinance referred to in Article 13 (1) herein. (3) (Amended, SG No. 65/2003) Parking garages may be constructed as accessory development in country-house and residential zones of high-rise, medium high-rise and low-rise development. Article 44. (1) (Amended, SG No. 65/2003) Accessory-development structures intended for agricultural purposes of any kind may be constructed in rural settlements. (2) (Amended, SG No. 65/2003) Accessory-development structures for keeping domestic animals may be constructed in urban settlements and country- house zones as an exception, solely in conformity with a uniform use and building-development mode for the zone as conferred by the competent Municipal Council. (3) (Amended, SG No. 65/2003) Accessory-development structures for keeping domestic animals shall be constructed having a maximum height of 5. 5 metres above the adjoining ground and 8. 5 metres measured to the highest roof point. Construction of a loft at a separate second level shall be permissible within these heights. Article 45. (Amended, SG No. 41/2001 and SG No. 65/2003) Accessory-development farm structures may not be arranged touching a blank wall of a residential building within an adjoining regulated lot. Article 46. (1) (Supplemented, SG No. 65/2003) Accessory development subordinate structures (such as summer kitchens or heating-fuel and tools sheds, wells, drinking fountains, cesspools and latrines) may be constructed in lots regulated for low-rise residential or country-house development. (2) (Supplemented, SG No. 65/2003) Accessory-development subordinate structures shall have a maximum height of 2. 5 metres above the adjoining ground and 3 metres to the highest roof point. Where such structures are arranged along the inner regulated-lot line, the highest part of the roof at the blank wall may have a maximum height of 3. 6 metres. Article 47. (1) Summer kitchens may be arranged in a detached or attached manner, without complying with the requirements regarding separations from principal-development buildings. (2) Swimming pools, wells, drinking fountains, cesspools and latrines shall be constructed in a regulated lot in conformity with the applicable technical requirements and requirements of sanitation and hygiene at a minimum separation of 3 metres from the property line. Article 48. (1) Regulated lots may be fenced off from a street and from the surrounding regulated lots. (2) (Amended and supplemented, SG No. 65/2003) Acting on a motion by the (competent) municipal expert board, the municipality mayor shall determine the general requirements regarding fences (type, shape, height, material, etc.) in conformity with the type of planning zones or spatial-development areas, the urban development of the primary street network and the other public spaces, the specific ground conditions, the intended purpose of the lots, and in accordance with the rules and standard specifications with the effective detailed plans. (3) (Supplemented, SG No. 65/2003) Fences separating adjoining regulated lots shall be arranged in equal portions within each of the lots. Where the fence is solid and of a height exceeding 0.6 metres, it shall be permitted subject to an express consent in writing given by the owners of the properties affected and provided that the separation between the said fence and a dwelling unit on the first storey (above ground level) of a building in the adjoining regulated lot is greater than, or equal to, the height of the solid part of the said fence. It shall furthermore be permissible to arrange any such fence entirely within the lot of the contracting authority. (4) (New, SG No. 103/2005) In case of absence of consent of an owner of property affected the construction of a solid fence with a height of the solid portion exceeding 0.6 metres shall be permitted in abidance with the requirements of Paragraph (3), sentence two, the fence being arranged entirely within the lot of the contracting authority. (5) (Renumbered from Paragraph (4), SG No. 103/2005) The maximum permissible height for fences shall be 2.2 metres above the adjoining ground. Should there be a difference between the ground elevations of two adjoining regulated lots, the height of the solid part of the fence between the said lots shall be measured from the level mark of the lower adjoining ground. (6) (New, SG No. 103/2005) In the case of a difference between the ground elevations of adjoining regulated lots exceeding 1.5 metres, the height of the solid portion of the fence shall be up to 0.6 metres measured from the level mark of the higher adjoining ground. (7) (Renumbered from Paragraph (5), SG No. 103/2005) The solid part of a street fence may not be higher than 0.6 metres. (8) (New, SG No. 65/2003, renumbered from Paragraph (7), SG No. 103/2005) Outside urbanized-area boundaries and within the unregulated parts of nucleated settlements, it shall be permissible to fence off lots solely by light fences conforming to the requirements under Paragraph (2). (9) (Supplemented, SG No. 65/2003, renumbered from Paragraph (6) and amended, SG No. 103/2005, amended, SG No. 61/2007) Construction of fences in the cases under Paragraphs (3) and (4), as well as in deviation from the requirements of Paragraphs (2), (5) and (7), shall be permitted for cultural and historical heritage sites, and in the rest of the cases such construction shall be permitted conforming to the assigned use of the regulated lot and with a view to ensuring stylistic unity, by the Chief Architect of the municipality on the basis of an individual architectural design.
Section VIII Provisional Construction Works
Article 49. (1) (Amended and supplemented, SG No. 65/2003) The owners of lots projected by the (relevant) detailed plans for construction of works constituting public state or municipal property shall have the right to construct provisional construction works, if the State or the municipality concerned: 1. refuses to alter the detailed plan for lack of the grounds covered under Article 134 (2) herein; 2. (amended, SG No. 65/2003) refuses to purchase the corporeal immovable under the terms established by Article 199 (2) herein or fails to respond to an offer of such purchase within three months. (2) (Amended, SG No. 65/2003) In cases other than such covered under Paragraph (1), provisional construction works may be permitted according to the procedure established by this Section in such lots in respect whereof a new building-development manner or character has been established, or a ban on construction has been imposed, with the exception of landslide-hazard areas. (3) (Amended and supplemented, SG No. 65/2003) A construction work referred to in Paragraph (1) shall be permitted subject to the condition that the new construction or the other action is not projected to commence within the next succeeding one year. The condemnation of any provisional construction works shall be executed under the terms and according to the procedure established by the State Property Act or the Municipal Property Act, as the case may be. Article 50. In the cases covered under Article 49 herein, the interested parties may construct the following provisional construction works: 1. (amended, SG No. 65/2003) within a developed lot: (a) a single-storied extension to a legally constructed building of a floor area not exceeding 40 square metres; in the case of a two-storied extension, the maximum floor area thereof shall be 30 square metres per storey; (b) (amended, SG No. 41/2001) a remodelling of an attic room in lieu of an extending referred to in Littera (a), with construction of a buttress not exceeding 1. 5 metres in height, and addition of skylights, regardless of the number of existing stories; (c) (amended and supplemented, SG No. 65/2003) a studio or a service establishment, complying with the limitations established by Littera (a) in respect of floor area and height; (d) (amended, SG No. 65/2003) accessory-development structures under the terms established by Article 46 herein; (e) (amended, SG No. 65/2003) a parking garage; (f) (supplemented, SG No. 65/2003, amended, SG No. 61/2007) a fence complying with the requirements under Article 48 (2) herein; 2. (amended, SG No. 65/2003) within an undeveloped lot: (a) (supplemented, SG No. 65/2003) a residential building of a floor area not exceeding 60 square metres on two stories, or a single-storied residential building (of a floor area) not exceeding 80 square metre; (b) (repealed, SG No. 65/2003); (c) any of the construction works referred to in Litterae (c), (d), (e) or (f) of Item 1. Article 51. (Amended, SG No. 65/2003) (1) Provisional construction works covered under Article 50 herein shall be permitted on a single occasion per lot on the basis of a design permit specifying the building-development manner and issued by the Chief Architect of the municipality, and a construction file issued according to the standard procedure. A reduction of the established standard required separations from the property lines shall be permissible in the cases referred to in Item 1 of Article 50 herein with the consent of the interested parties expressed in a statement addressed to the municipality mayor, bearing notarized signatures. (2) In the case of a co-owned property, structures referred to in Article 50 herein may be permitted to each of the co-owners in compliance with the requirements of Article 183 herein. The aggregate floor area of the structures permitted under Article 50 herein may not exceed 30 per cent of the surface area of the lot. (3) (New, SG No. 61/2007) Any undeveloped lots falling within spatial- development areas, in respect of which the assigned use referred to in Article 61 (2) herein or another specific assigned use referred to in Article 61 (3) herein is projected but is not implemented, may be used until implementation of the projections of the plan solely for construction or placing of outdoor facilities for sporting activities and playgrounds according to the procedure established by Article 55 herein. Article 52. (1) The terms and conditions where under such structures are permitted shall be recorded in the approved development-project design and in the building permit. (2) Provisional construction works shall be connected to the existing physical-infrastructure networks and facilities by means of provisional connections. Article 53. (Amended, SG No. 65/2003) In compliance with the requirements established by this Act, any existing buildings in a lot referred to in Article 49 herein may undergo interior remodelling, or the intended purpose thereof may be altered, or any such buildings may be repaired without modification of the exterior contour thereof whether horizontally or vertically and without adding new bearing structures or substantially reinforcing the existing bearing structures. Article 53a. (New, SG No. 65/2003) Any existing construction works, which are not included in the building-development mode, shall be removed by the contracting authority not later than before completion of the permitted construction work. If the contracting authority fails to remove and such projects, the construction work shall not be commissioned, and the pre-existing construction work shall be removed for the account of the contracting authority on the basis of an order of the Chief of the National Construction Control Directorate or an official authorized thereby according to the procedure established by the ordinance referred to in Article 225 (4) herein. Article 54. (1) (Amended, SG No. 65/2003) Provisional construction works may furthermore be constructed for the needs of organization and mechanization of construction, by permission of the authority issuing the building permit. Any such provisional construction works shall be removed upon completion of the construction. If the contracting authority fails to remove any such works, the construction work shall not be commissioned and the provisional works shall be removed for the account of the said contracting authority on the basis of an order of the Chief of the National Construction Control Directorate or an official authorized thereby according to the procedure established by the ordinance referred to in Article 225 (4) herein. (2) (Amended, SG No. 65/2003) If construction fails to commence within the term of validity of the building permit, the provisional construction works shall be removed according to the procedure established by Paragraph (1). (3) (Repealed, SG No. 65/2003). (4) (New, SG No. 65/2003) Provisional construction works shall furthermore be permitted by the authority issuing the building permit for needs related to action for rehabilitation and reclamation of disturbed areas. (5) (New, SG No. 65/2003) If the action for rehabilitation and reclamation of disturbed areas fails to commence within one year after authorization of the provisional construction works referred to in Paragraph (2), the building permit issued in respect of any such projects shall be invalidated by default, and any constructed structures and facilities shall be removed according to the procedure established by Paragraph (1). (6) (New, SG No. 106/2006) Provisional construction works shall furthermore be authorized in the cases where, by virtue of a special law, a licence for prospecting and exploration has been granted or a concession for extraction of subsurface resources has been awarded, solely if related to the implementation of these activities. The building-development parameters shall be determined by a specific detailed plan. After expiry of the term of validity of the licence for prospecting or exploration or of the concession for extraction, the provisional construction works shall be removed according to the procedure established by Paragraph (1). Article 55. (Supplemented, SG No. 65/2003, amended, SG No. 61/2007) Until implementation of the detailed plan, any undeveloped regulated lots may be used for temporary outdoor parking areas, stall market-places, outdoor facilities for sporting activities and playgrounds and other such outdoor facilities on the basis of a building permit or a placing permit, as the case may be, under terms and according to a procedure established by a Municipal Council ordinance.
Section IX Movable Amenities and Street Furnishings
Article 56. (1) (Amended, SG No. 103/2005, supplemented, SG No. 61/2007) Movable amusement facilities and movable amenities for retail trade and other service activities, such as kiosks, booths, stalls, as well as other street furnishings (urban public transport stops, benches, lighting fixtures, waste receptacles, drinking fountains, water fountains, clocks and other such), may be placed in lots. (2) In respect of any amenity covered under Paragraph (1), a placing permit shall be issued according to a procedure established by a Municipal Council ordinance and, where the lot is state-owned or municipal-owned, placing of any such amenities shall require a scheme approved by the Chief Architect of the municipality. In respect of state-owned lots, any such scheme shall be approved upon consultation with the competent central administration stewarding the property, and in the rest of the cases upon consultation with the (competent) Regional Governor. (3) (New, SG No. 65/2003, repealed SG No. 103/2005). (4) (New, SG No. 65/2003, supplemented, SG No. 61/2007) A permit for placing any amenities covered under Paragraph (1) in immovable cultural property shall be issued pursuant to a plat after clearance with the National Institute of Monuments of Culture under the terms and according to the procedure established by Article 125 (5) herein. (5) (New, SG No. 65/2003) A permit for placing any amenities covered under Paragraph (1) in another's lot shall be issued on the basis of an express written consent of the owner of the lot or a written lease agreement on the surface area occupied by the movable amenity. (6) (New, SG No. 61/2007) The terms and procedure for the planning, safety and technical requirements to the equipment placed in amusement facilities shall be established by an ordinance of the Minister of Regional Development and Public Works, the Minister of Interior and the Chairperson of the State Agency for Youth and Sports. Article 57. (1) (Previous Article 57, SG No. 65/2003) Outdoor advertising displays, public-information signs or monumental and decorative fixtures may be placed on lots on the basis of a placing permit issued according to the procedure established by a Municipal Council ordinance referred to in Article 56 (2) herein. (2) (New, SG No. 65/2003, repealed, SG No. 103/2005). (3) (New, SG No. 65/2003) A permit for placing any amenities covered under Paragraph (1) in another's lot or building shall be issued on the basis of an express written consent of the owner of the lot or building, or on the basis of a written lease agreement on the surface area occupied by the amenity covered under Paragraph (1). (4) (New, SG No. 65/2003) A permit for placing any amenities covered under Paragraph (1) on any condominium-project building shall be issued on the basis of an express written consent of the condominium owners or a written lease agreement with the condominium owners on the surface area occupied by the amenity covered under Paragraph (1). Any such consent and lease agreement shall be executed according to the procedure established by the rules referred to in Article 49 (1) of the Ownership Act. (5) (New, SG No. 65/2004, amended, SG No. 61/2007) A permit for placing any amenities covered under Paragraph (1) in immovable cultural property within the boundaries and the protection zones thereof shall be issued after clearance with the National Institute of Monuments of Culture under the terms and according to the procedure established by Article 125 (5) herein. Article 57a. (New, SG No. 103/2005) (1) The amenities pursuant to Article 56 (1) and Article 57 (1) shall be lifted when they: 1. have been placed without permission or in contradiction to the issued permit; 2. have been placed in another's property without legal grounds or the legal grounds for the issuance of a permit for placement have become invalid; 3. do not conform to the rules and provisions for spatial development; 4. (amended, SG No. 76/2006) do not conform to the requirements of Article 169, Items (1), (2), (3), (4), (5) of Paragraph (1) and Item (1) of Paragraph (3); 5. constitute advertisement forbidden by a law; 6. the term of permit for placement has expired; 7. do not conform to other requirements established with the Ordinance under Article 56 (2). (2) The circumstances under Paragraph (1) shall be established by a memorandum of ascertainment, compiled by the officials under Article 223 (7) within seven days of ascertainment of violation. The memorandum of ascertainment shall be handed to owners of amenities under Paragraph (1) who may make objections within three days following notification. (3) The mayor of the relevant municipality shall issue an order for removal of amenity within seven days of notification by memorandum of ascertainment. (4) When the owner of an amenity under Paragraph (1) placed in another's property is not known the memorandum of ascertainment shall be handed to the owner of said property. In this case the mayor of the municipality shall obligate the owner to remove it at his expense with the order pursuant to Paragraph (3). (5) When the owner of an amenity under Paragraph (1) placed in municipal property is not known, the memorandum of ascertainment and the order for removal shall be posted on a prominent location on amenity in the presence of two witnesses, as well as on the locations appointed to that end in the building of the municipality, ward or mayoralty. (6) In the order under Paragraph (3) the mayor of the municipality shall determine a deadline for removal of amenity and shall order the companies supplying water and power to terminate supplies to the amenity designed for removal. (7) (Amended, SG No. 61/2007) In case the deadline for removal in the order under Paragraph (3) is not kept, the amenity shall be removed coercively according to a procedure established by the ordinance referred to in Article 56 (2) herein. (8) If the need arises the compelling execution of the order under Paragraph (3) shall be effected with the cooperation of the police.
Section X Building Development in Unregulated Spatial-Development Areas
Article 58. (Amended, SG No. 65/2003) Within unregulated small nucleated settlements and within parts of such settlements, building development shall be permissible on the basis of a plat copied from a cadastral map (cadastral plan) or a ground plat drafted by the designer which must contain data on the existing buildings and facilities in the adjoining properties, as well as the required elevations. Construction shall be permitted according to the established procedure in compliance with the standards of the ordinance referred to in Article 13 (1) herein. Fences shall be built following the existing property lines without marking a building line therefor. Article 59. (1) (Amended and supplemented, SG No. 65/2003) Outside urbanized-area boundaries, building development shall be permissible in compliance with the projections of an effective master plan for the territory of the municipality or a part thereof, if such plan has been elaborated, or on the basis of an effective building-development plan for a lot or group of lots, or a parcelling plan for the physical-infrastructure elements after alteration of the intended purpose of the land where so required according to the procedure established by special statute. (2) (Amended, SG No. 41/2001) Without alteration of the intended purpose of the land, building development within lots under Paragraph (1) shall be permissible under the terms established by Article 12 (3) herein. Article 60. (1) The sitting of construction works in the cases referred to in Articles 58 and 59 herein shall be determined with a view to future regulation and, to this end, no building development shall be permitted in proximity to angles or strips projecting onto roads or streets or adjoining lots, and space shall be left open for new streets or for widening of existing streets. Any construction works along aquatic areas (rivers, canals, lakes and other such) shall be arranged with a view to a possible future water margin correction. (2) Building development shall be permitted after water supply and electricity supply have been arranged for the project, as well as vehicular traffic accessibility thereto.
Section XI Arrangement of Green spaces and Forested Spaces
Article 61. (1) Greenspaces aggregated into a green structure shall be spatially developed within the territories of the municipalities as a means to improve the micro-climate and hygienic conditions and to provide for public recreation. (2) (Amended, SG No. 65/2004, SG No. 61/2007) At the core of the green structure, there shall be the greenspaces for general public use, assigned for durable satisfaction of public requirements of national or public importance, such as parks, gardens, paved urban spaces with plants. (3) (Supplemented, SG No. 61/2007) The green structure shall be complemented by greenspaces for restricted public use located in lots regulated for residential, country-house, public, manufacturing, resort and sporting buildings and complexes, as well as greenspaces of any other specific assigned use, such as landscaped cemeteries, botanical gardens, arboretums, zoos and securing stands. (4) (New, SG No. 65/2004) Any greenspaces referred to in Paragraph (2) and any greenspaces of specific intended purpose referred to in Paragraph (3), which are owned by the State or by a municipality, shall constitute public property. Article 62. (1) (Supplemented, SG No. 65/2003, amended and supplemented, SG No. 61/2007) Green structures and greenspaces shall be spatially developed in accordance with the approved master plans and detailed plans for urbanized areas and, applicable to parks and gardens, in accordance with detailed plans, complying with the rules and standard specifications established by the ordinance referred to in Article 13 (1) herein. (2) No greenspaces constituting public property may be sold, ceded or encumbered by any charges, nor can any such spaces be used for any other purposes. (3) Any existing greenspaces constituting public property shall be spatially developed and conserved as protected areas within the meaning given by Item 4 of Article 8 herein. (4) Any parks or gardens of historic significance or of distinctive composition and aesthetic appeal shall be designated landscape monuments and shall be spatially developed and conserved in compliance with the standard specifications established by the Monuments of Culture and Museums Act. (5) (New, SG No. 65/2004) Where any lots constituting private property fall within grounds designated for greenspaces constituting public property, the said lots shall be condemned according to the procedure provided for by the law. (6) (New, SG No. 65/2004, amended, SG No. 61/2007) Lots referred to in Paragraph (5) shall not be condemned where the detailed plans for parks and gardens project any construction of siting of works covered under Items 3 to 6 of Paragraph (7). (7) (New, SG No. 65/2004, supplemented, SG No. 61/2007) The detailed plans for parks and gardens in greenspaces constituting public property and in lots constituting private property, without alteration of the assigned use thereof, may project building development solely where necessary for: 1. (supplemented, SG No. 61/2007) physical-infrastructure networks and facilities servicing the greenspaces; 2. maintenance of the green structure; 3. (amended, SG No. 61/2007) outdoor facilities for sporting or cultural activities; 4. (new, SG No. 61/2007) playgrounds; 5. (new, SG No. 61/2007) movable amenities covered under Article 56 herein, which may not occupy more than 10 per cent of the surface area of the property; 6. (new, SG No. 61/2007) monumental and decorative fixtures, public- information signs and outdoor advertising displays referred to in Article 57 (1) herein; 7. (new, SG No. 61/2007) memorial places and sites. (8) (New, SG No. 65/2004, amended, SG No. 61/2007) The requirements of the Monuments of Culture and Museums Act shall be complied with in respect of stand-alone or cluster cultural monuments and of the construction works within the boundaries and protection zones thereof. (9) (New, SG No. 65/2004) The detailed plans for parks and gardens shall be adopted by a Municipal Council resolution regardless of the territorial scope of the said plans. A diagrammatic layout for placing of movable amenities and advertising facilities, which shall be approved according to the procedure, provided for approval of the detailed plan for the park or garden. (10) (New, SG No. 61/2007) The Municipal Council shall adopt an ordinance on the construction and conservation of the green structure within the territory of the municipality. (11) (New, SG No. 61/2007) The terms and procedure for the planning and safety of playgrounds shall be established by an ordinance of the Minister of Regional Development and Public Works, the Minister of Interior and the Chairperson of the State Agency for Child Protection. Article 62a. (New, SG No. 61/2007) (1) The assigned use of existing greenspaces or of parts thereof within urbanized areas may not be altered where implemented according to the projections of the spatial-development plans. (2) The assigned use of spatial-development areas and lots, projected for greenspaces in the master plans or detailed plans of urbanized areas, may not be altered even where unimplemented, with the exception of parts of such areas and lots for construction of physical-infrastructure facilities or of special-purpose installations related to national defence and security. (3) Any alteration of the assigned use of spatial-development areas and lots under Paragraph (2) shall be authorized after a public debate conducted according to the procedure established by Article 121 (1) herein: 1. by the Council of Ministers: in respect of state-owned properties; 2. by the Municipal Council, in pursuance of a resolution passed by a majority of two-thirds of the total number of councillors: in the remaining cases. (4) Paragraphs (2) and (3) shall not apply upon alteration of the assigned use of any properties and parts thereof, projected for greenspaces in the detailed plans, which are not implemented in nucleated settlements of a population not exceeding 10,000 residents. In such cases, alteration of the assigned use shall follow the procedure established in Section IV of Chapter Seven herein. (5) Except in the cases under Paragraph (2), the assigned use of spatial-development areas and lost projected for greenspaces in the detailed plans of the urbanized areas, which are not implemented, may be altered by a new master plan or detailed plan of the entire nucleated settlement or dispersed settlement, if compliance with the standard specifications for greenspaces is proved by the schemes or diagram plans of the green structure. Article 63. (1) (Amended, SG No. 65/2004) The (competent) municipality mayor shall organize the compilation and updating of a public register of the greenspaces, of the perennial ornamental trees and of the trees of historic significance within the municipality. The information entered in the said register shall be accessible under the terms and according to the procedure established by the Access to Public Information Act. (2) Perennial ornamental trees and trees of historic significance may be felled or uprooted solely as an exception, acting on a written permission given by the municipality mayor on the basis of an expert sanitary examination of the condition of the tree concerned. (3) (Amended, SG No. 61/2007) Centuries-old or remarkable trees shall be designated as protected and shall be recorded in the register referred to in Article 113 (1) of the Biological Diversity Act. The trees designated as protected shall be recorded in the register referred to in Paragraph (1). (4) (New, SG No. 65/2003, amended, SG No. 61/2007) The draft detailed plans shall mandatorily be accompanied by a data sheet on the registered vegetation and a geodetic survey, certified by the municipal amenity-planting authorities. (5) (New, SG No. 61/2007) Within five years after the completion and acceptance of construction, the municipal amenity-planting authorities shall verify the compliance of the owners (contracting authorities) with the obligations related to amenity planting and substitute afforestation.
Chapter Four PHYSICAL-INFRASTRUCTURE NETWORKS AND FACILITIES Section I General Requirements to Physical-Infrastructure Elements
Article 64. (Amended, SG No. 65/2003) (1) There shall be the following physical-infrastructure elements: 1. transport physical infrastructure and the facilities thereto appertaining (bridges, tunnels, overpasses, underpasses etc.); 2. transmission (disposal and delivery) lines (networks) and the facilities thereto appertaining in an unregulated spatial development area; 3. transmission (removal and delivery) lines (networks) and the facilities thereto appertaining in a regulated spatial-development area; 4. distribution lines and distribution devices and the facilities thereto appertaining (transformer stations, drinking water and waste-water treatment plant, electricity-supply substations, step-down and distribution stations etc.), including the connecting lines to building wiring and plumbing systems and the shared metering devices. (2) The physical-infrastructure elements shall be projected by spatial-development schemes and plans. Specific schemes, containing information on the type, size and technical parameters of the physical-infrastructure elements, shall be an integral part of the spatial-development plans. (3) Physical-infrastructure lines and facilities shall be constructed, maintained and repaired by, and for the account of, the State, the municipalities, or the utility companies concerned, save as otherwise provided by special statute. (4) Physical-infrastructure projects shall be designed and constructed according to the standard procedure established by this Act. Article 65. (Repealed, SG No. 65/2003). Article 66. (Amended, SG No. 65/2003) Corporeal immovables shall mandatorily be connected to the existing physical infrastructure networks and facilities on the basis of the construction file as issued. The utility company may not refuse a connection citing non-compliance with any requirements as have not been specified thereby upon conclusion of the coupling contract. Article 67. (1) (Amended and supplemented, SG No. 65/2003) Physical-infrastructure networks and facilities, whether underground or overhead, shall be designed and constructed on municipal-owned or state-owned lots. Where this is impracticable, the physical-infrastructure networks and facilities shall be constructed on lots owned by natural and legal persons according to the procedure established by Article 199 or Article 205 herein. (2) (Supplemented, SG No. 65/2003) On lots located over or in proximity to underground communication lines or other physical infrastructure networks and facilities, the building development shall be projected in such a manner as the said development shall not affect adversely the design of the physical infrastructure nor intrude into the servitude strips for operation and maintenance of the said infrastructure. Should it be impossible to achieve appropriate building development or where the servitude strips occupy more than one-third of the surface area of a regulated lot, the detailed plan shall project the said lot for the network concerned, with the condemnation executed for the account of the owner of the network or facility concerned in compliance with the requirements of Article 206 herein. Article 68. (1) (Amended, SG No. 65/2003) The development project designs for physical-infrastructure buildings and facilities shall furthermore project the action as shall be necessary for spatial renewal of the regulated lot whereon the said buildings and establishments are located. (2) (Amended, SG No. 65/2003) Development-project designs shall be denied clearance and approval unless the said designs project the required: 1. action for spatial renewal and amenity planting of regulated lots for physical-infrastructure buildings and facilities; 2. action for spatial renewal (rehabilitation of the adjoining ground for physical-infrastructure networks) in regulated spatial development areas, including amenity planting, which is to be disturbed by the projected construction; 3. designs for rehabilitation of the adjoining ground for physical-infrastructure networks in unregulated spatial development areas; 4. designs for roadside amenity planting, attached to the designs for transport infrastructure and national roads, including outside the boundaries of the regulated spatial-development area. Article 69. (Amended, SG No. 65/2003) Upon construction and restructuring of industrial and resort zones and dispersed settlements, the spatial-renewal action, including amenity planting, shall mandatorily be performed by the owners for the account thereof within the regulated lot. The physical infrastructure lines and facilities may be constructed for the account of the owners under terms and according to a procedure established by a Municipal Council ordinance.
Section II Physical-Infrastructure Street Networks and Facilities
Article 70. (1) (New, SG No. 65/2003) The physical infrastructure lines and the transport-infrastructure facilities associated with vehicular and pedestrian traffic shall be projected and constructed as street networks and facilities. (2) (Previous Article 70, SG No. 65/2003) The location of the physical-infrastructure underground and overhead street networks and facilities shall be determined by the (relevant) master plans and detailed plans in compliance with the applicable technical rules and standard specifications. (3) (New, SG No. 65/2003) Should there be any existing lines or facilities constituting public state or public municipal property which are impossible to relocate for technical reasons, it shall be permissible to keep any such lines or facilities through appropriate allocation by a detailed plan. (4) (New, SG No. 65/2003, amended, SG No. 41/2007) The Minister of Regional Development and Public Works shall issue an ordinance establishing the rules and standards for arrangement of physical-infrastructure lines and facilities (including the lines and facilities for electronic communications networks). Article 71. (Amended, SG No. 65/2003) The municipality mayor or an official authorized thereby shall ensure the necessary coordination upon the laying and construction of the individual underground street networks and facilities, and shall coordinate underground street construction with above-ground street construction. Article 72. (1) (Amended, SG No. 65/2003) Any work involving the breaking of street or pavement surfacing or the digging up of interior courtyard spaces shall be performed on the basis of a building permit. The contracting authority shall notify the competent municipal administration of the commencement of any such work after clearance with the traffic safety authorities. (2) (Amended, SG No. 65/2003) In the event of any malfunction of the physical-infrastructure underground networks or facilities requiring emergency repair, the contracting authority or utility company concerned may commence the works forthwith, notifying the competent municipal administration of this. Article 73. (1) (Previous Article 73, amended and supplemented, SG No. 65/2003; amended, SG No. 107/2003) Where, in connection with construction, it shall be necessary to relocate or restructure any constructed underground or overhead street networks or facilities, the relevant works shall be performed by the contracting authority of the new construction for the account thereof upon approval of the requisite designs, cleared with the utility companies whereof the networks or facilities are affected, and upon the issuance of a building permit. Should the detailed plans and the specific schemes thereto project relocation of any lines and facilities, the costs of the new construction shall be for the account of the contracting authority. (2) (New, SG No. 65/2003) Should street regulation be not applied, where necessary, construction of new or redevelopment of existing lines for the spatial-development area concerned, with the exception of transmission lines, shall be permissible as temporary supply according to the status quo of the ground by a notarized declaration of the contracting authority (or of the utility company concerned) pledging voluntary relocation for the account thereof upon future realization of the detailed plan. The provisions of Article 192 herein shall apply in such cases. Article 74. (1) (Amended, SG No. 65/2003) The developer of physical-infrastructure street networks or facilities shall be under an obligation: 1. prior to the commencement of construction, to take all measures as shall be necessary to ensure safety, by placing barricades and crossings, warning signs, traffic detour directions and other such; 2. to take all measures as shall be necessary to prevent any damage to, or displacement of, pre-existing underground or overhead networks or facilities, survey monuments, greenspaces, ornamental trees and other such; 3. (supplemented, SG No. 65/2003) to notify the municipal administration of any overhead or underground networks or facilities, unindicated on the relevant selective maps and registers, as have been uncovered during the course of execution of the work; such networks or facilities shall be covered by backfill only after being surveyed according to the established procedure; 4. (amended, SG No. 65/2003) to give immediate notice to the municipal administration and the nearest museum of history upon uncovering any archaeological finds; 5. (amended, SG No. 65/2003, SG No. 82/2006) to notify immediately the fire safety and protection of population authorities and the road traffic authorities regarding the commencement and the time limit for construction along the relevant streets obstructed by earth work; 6. (amended, SG No.82/2006) to give immediate notice to the competent services and utility companies of any possible damage to networks or facilities resulting from the work and, where water mains, heating mains or gas mains have been damaged, to also give immediate notice to the hygiene and epidemiological authorities and to the fire and emergency safety authorities; 7. (supplemented, SG No. 65/2003) to give at least three days' advance notice to the (competent) municipal administration, as well as to the services and utility companies stewarding and operating the networks and facilities, of a forthcoming backfilling of any newly constructed or remodelled underground networks or facilities. Any such backfilling shall be permitted according to Paragraph (2); 8. to perform, for the account thereof, the recovery works as shall be necessary within such time limits as shall be set by the (competent) municipal administration; 9. to eliminate any damage caused, as ascertained by the municipal administration and as recorded in a memorandum of ascertainment, within such time limits as shall be set by the (competent) municipal administration. (2) The municipal administration shall permit the backfilling of any networks or facilities after satisfying itself that the building-development line as marked and the other conditions and requirements as to the execution of construction have been complied with, and that the networks or facilities have been surveyed and plotted on the appropriate selective maps and registers referred to in Article 115 (4) herein. A memorandum shall be drawn up on the results of any such verification. (3) (Amended, SG No. 65/2003) Upon completion of the construction work, executive documents shall be prepared and certified according to the procedure established by Article 175 herein. The contracting authority shall forthwith transmit a copy of the said documents to the municipality and a copy to each of the utility companies concerned.
Section III Roads, Streets and Transport Networks and Facilities
Article 75. (1) (Amended, SG No. 65/2003) The transport physical-infrastructure elements shall be constructed on the basis of the projections of the specific spatial-development schemes, master plans and detailed plans, and contingent on the spatial structure. (2) (New, SG No. 65/2003) The projects referred to in Paragraph (1) shall be constructed according to the standard procedure established by this Act. (3) (Renumbered from Paragraph (2) and amended, SG No. 65/2003) The transport physical infrastructure shall ensure the best possible conditions for convenient, safe and cost-efficient carriage of passengers and goods, and for accessibility to persons with disabilities, with due consideration for environmental protection. (4) (New, SG No. 65/2003, amended, SG No. 88/2005) The Minister of Regional Development and Public Works shall issue ordinances establishing standards for planning and designing of the transport physical-infrastructure elements. The standards for planning and designing of the railroad infrastructure shall be established by an ordinance of the Minister of Regional Development and Public Works and the Minister of Transport. Article 76. (1) (Amended, SG No. 65/2003) Highways and first and second-class roads of the national road network may not be designed and constructed to pass through nucleated-settlement areas save as an exception where the following conditions shall simultaneously be fulfilled: 1. exceedingly heavy ground and other specific conditions; 2. proven feasibility; 3. compatibility with the spatial-development plans of the nucleated settlement concerned; 4. favourable environmental impact assessment decision. (2) (Amended, SG No. 65/2003) Where roads of the national road network are designed and constructed to pass through nucleated settlement areas, the said roads shall be dimensioned as elements of the primary street network, observing the requirements for protection of the urban environment against harmful impacts. Article 77. (1) (Previous Article 77, SG No. 65/2003) The street network in nucleated and dispersed settlements shall be classified in conformity with the functional intended purpose thereof as follows: 1. primary street network: first-class, urban freeways; second class, urban highways; third-class, arterial streets; fourth class, major streets. 2. secondary street network: fifth-class, collector streets; sixth- class, access streets. (2) (New, SG No. 65/2003) The primary street network shall be determined by a master plan or, should there be no such plan, by a detailed plan. The class of the primary and secondary street network shall be determined by the detailed plan. Article 78. Railroad stations, maritime and river ports and airports shall be constructed in conformity with the projections of the relevant spatial-development plans and shall mandatorily be connected to the primary street network, to the mass transit lines and, accordingly, to the railroad and road network. Article 79. The spatial-development plans must provide for public parking areas, conditions for pedestrian traffic by means of construction of pavements, pedestrian paths, arcades, streets and precincts, as well as for bicycle traffic by means of bicycle paths, laid out whether self-contained or as part of the cross section of the street. Article 80. (1) (New, SG No. 65/2003) The width of access streets in nucleated settlements shall be determined by the detailed plan depending on the need to construct infrastructure guaranteeing the normal functioning of the spatial-development area. (2) (Renumbered from Paragraph (1) and supplemented, SG No. 65/2003) In respect of small nucleated settlements and country house zones, the width of access streets between record lines, where projected without pavements, shall be a minimum of 6 metres in nucleated settlements and resorts, and a minimum of 5 meters in country-house zones. In such cases, the minimum width of the roadway shall be 4. 5 metres and 4 metres, respectively. (3) (New, SG No. 65/2003) Streets without pavements shall be impermissible in nucleated settlements of population exceeding 30,000 residents. (4) (Renumbered from Paragraph (2), SG No. 65/2003) The width of pedestrian walks in nucleated settlements, resorts and country house zones shall be a minimum of 2. 25 metres. (5) (Renumbered from Paragraph (3), SG No. 65/2003) The width of pavements in nucleated settlements, resorts and country-house zones shall be: 1. a minimum of 1.5 metres, applicable to pavements proper; 2. a minimum of 0.75 metres, applicable to reserve strips. (6) (Renumbered from Paragraph (4) and amended, SG No. 65/2003, amended and supplemented, SG No. 61/2007) The provisions of Paragraphs (2), (3), (4) and (5) shall not apply in any nucleated settlements or parts thereof of historic, archaeological, ethnographic or architectural significance, or in any nucleated settlements or parts thereof constructed on exceedingly heavy ground or in other specific conditions or assigned for development with social housing. Article 81. (1) Cul-de-sac streets providing access to a limited number of regulated lots must have a minimum width of 3. 5 metres, and where a cul-de-sac street provides access to more than four regulated lots in an urban settlement, the minimum width must be 6 metres. Cul-de-sac streets longer than 100 metres shall have a turnaround at the end thereof. (2) (Supplemented, SG No. 61/2007) The provisions of Paragraph (1) shall not apply to any streets in nucleated settlements or parts thereof of historic, archaeological, ethnographic or architectural significance, or to any streets in nucleated settlements or parts thereof constructed on exceedingly heavy ground or in other specific conditions or assigned for development with social housing. (3) Any regulated lot with an egress to a cul-de-sac street may have a frontage upon the said street of a size not smaller than the width of the said street. (4) (Repealed, SG No. 65/2003). Article 82. (1) (Supplemented, SG No. 65/2003) Tunnels and multi-level transport facilities shall be designed and constructed in nucleated settlements in conformity with the communication and transport requirements according to the detailed plan. (2) (Amended, SG No. 65/2003) Rail transport lines, tunnels and other facilities below the surface of streets, squares and block spaces in nucleated settlements shall be designed in a manner ensuring to the greatest extent the preservation of pre-existing buildings and facilities, as well as the existing underground networks and facilities. (3) (Amended, SG No. 65/2003) Where existing underground networks or facilities have to be disturbed upon the building of lines or tunnels, the said networks or facilities shall be redeveloped according to approved designs for the relocation thereof by the contracting authority for the account thereof. (4) (Repealed, SG No. 65/2003).
Section IV Water-Supply and Sewer Networks and Facilities
Article 83. (1) (Supplemented, SG No. 65/2003) Water-conduit and sewer networks and facilities shall be constructed on the basis of approved designs in accordance with the (relevant) master plans and detailed plans and the relevant specific schemes thereto attached and with the grading plans. (2) (New, SG No. 65/2003) Water-conduit and sewer networks in nucleated settlements shall be designed as street networks and in compliance with the provisions of Section II of Chapter Four herein. (3) (Renumbered from Paragraph (2), SG No. 65/2003) As an exception, in nucleated and dispersed settlements without grading plans, it shall be permissible to construct water mains and partial sewerage in conformity with the pre-existing terrain configuration of the streets and squares and observing the requirements for future levelling. Article 84. (1) (Previous Article 84, SG No. 65/2003) The owner of any public water-supply and sewer networks and facilities shall be under an obligation to connect thereto the water-supply and waste-water plumbing systems of all corporeal immovables within the territorial scope of the said networks and facilities. (2) (New, SG No. 65/2003) Corporeal immovables and water consumers shall be connected to the water-conduit and sewer networks in compliance with the provisions of this Act and upon conclusion of a written coupling contract between the consumer and the utility company. (3) (New, SG No. 65/2003) The terms and conditions, the technical requirements and the procedure for connecting corporeal immovables and consumers to water-supply and sewer networks and facilities and for conclusion of the coupling contracts shall be established by an ordinance of the Minister of Regional Development and Public Works. Article 85. (Amended, SG No. 65/2006) The water resources within the territory of a municipality may be used for satisfaction of drinking and household needs of other municipalities as well, provided that the quantities of drinking and household water as shall be necessary for the needs of the municipality are available and the environment preservation goals, as established by the Water Act, are not compromised. Article 86. (1) To ensure protection from pollution and other harmful impacts of water intended for drinking and household water supply and of mineral water used for therapeutic, prophylactic, drinking and hygienic purposes, spatial-development plans shall project sanitary protected areas around water sources and facilities as designated according to the procedure established by the Water Act. The planning mode of such sanitary protected areas and the activities prohibited therein shall be regulated by an ordinance of the Minster of Regional Development and Public Works and the Minister of Environment and Water. (2) No use permit shall be granted for a constructed water supply project unless the sanitary protected areas thereof have been approved and marked out on site. Article 87. (1) (Supplemented, SG No. 65/2003, amended, SG No. 65/2006) In nucleated and dispersed settlements with low-rise development or parts thereof without sewerage, household waste water shall be discharged into self-contained water disposal and treatment facilities (water-proof scrape pits) satisfying the applicable technical requirements and requirements of sanitation and hygiene. (2) Where sewerage is lacking, or where owing to the gradient the existing sewerage is incapable of draining surface water, the owners shall be under an obligation to ensure the free flow of such water through the lots up to the relevant street facilities (surface inlet drains, gutters etc.). (3) Absent a technically feasible alternative, provided that such absence is evidenced inter alia by a grading design, it shall be permissible for the waste-water plumbing of buildings in regulated lots to be discharged into the street sewerage passing through adjoining lots without impeding the possibility to perform permissible building development in the said lots. In such cases, the section of such sewer passing through such lots from the building up to the street sewerage shall be treated as yard network (building branch). (4) (Amended, SG No. 65/2003) For any damage resulting from construction and use of networks referred to in Paragraph (3), the title holders shall be paid compensation by the contracting authority according to the procedure established by Article 210 herein. Article 88. Pumping stations for drinking water or waste water, as well as customer's water systems for residential or public buildings, may be installed in buildings complying with the permissible limit values for noise and vibration.
Section V Power-Supply Networks and Facilities
Article 89. (Amended, SG No. 65/2003) (1) Power-supply networks and facilities shall be off-site (street and yard) and on-site (building). (2) Construction of off-site power-supply networks shall be performed according to Article 74 herein and under an approved construction file. Article 90. (Amended, SG No. 65/2003) (1) Public heat-supply and gas- supply networks and facilities and the branches thereof shall be constructed outside of buildings according to the standard procedure established by this Act. (2) Within developed blocks it shall be permissible, as an exception, for branches from the public heat-supply networks to pass through basement rooms of buildings, absent a technically feasible alternative. The compensation for this shall be determined according to the procedure established by Article 210 herein. (3) On-site heating systems shall be connected to off-site heating mains by means of subscriber substations. The equipment of subscriber substations shall be part of the public networks and facilities, and shall be installed, maintained and repaired according to the procedure established by Article 64 herein. (4) Depending on the capacity and siting thereof, the subscriber substation in a building may serve other buildings as well according to the procedure established by the Energy and Energy Efficiency Act. (5) Subscriber substations shall be installed inside or outside the buildings on premises suited for the purpose, with effective noise and vibration control according to the established standards. Article 91. (1) Transformer stations shall be constructed in open spaces or in buildings which are not intended for human occupancy. In urban settlements, such stations may furthermore be constructed in the undeveloped part of a regulated lot owned by natural or legal persons, with the consent of the said persons and complying with the requirements regarding accessory development. (2) (Supplemented, SG No. 65/2003) In developed blocks, absent a technically feasible alternative, transformer stations may furthermore be constructed in residential buildings with the consent of the owners bearing notarized signatures and with effective noise and vibration control and protection against electric and magnetic fields according to the established standards. (3) Depending on the capacity and siting thereof, a transformer station may serve multiple buildings. Article 92. (1) Outside artificial lighting of streets, squares, parks, gardens and other corporeal immovables constituting public municipal property shall mandatorily be provided by the municipality for the purpose of creating conditions for safe night-time traffic as well as of an appropriate night ambience of the nucleated settlements. (2) The outside artificial lighting of individual corporeal immovables other than such referred to in Paragraph (1) shall be implemented by, and for the account of, the property owners and shall require authorization by the Chief Architect of the municipality. (3) It shall be prohibited to place transformer devices for outside artificial lighting on residential buildings.
Section VI Electronic Communications Networks and Facilities (Heading amended, SG No. 41/2001, SG No. 41/2007)
Article 93. (1) (Previous Article 93 and supplemented, SG No. 65/2003, amended SG No. 41/2007) Underground electronic communications networks and facilities shall be constructed and placed in regulated spatial-development areas simultaneously with the other networks and facilities (water mains, sewerage, electricity, heat supply, gas-supply networks and other such) prior to the placing of curbs, pavements, and street surfacing. (2) (New, SG No. 65/2003, amended SG No. 41/2007) Electronic communications networks shall be constructed in unregulated spatial-development areas on the basis of a plan referred to in Item 5 of Article 110 (1) herein. (3) (New, SG No. 65/2003, amended SG No. 41/2007) If there is a detailed plan for a spatial-development area wherein no street work is laid, the electronic communications network shall be constructed in accordance with the street regulation projections and with the provisions of Article 210 herein for the account of the owner of the said network. Article 94. (Amended, SG No. 41/2007) The designs of buildings shall project electronic communications systems and facilities which shall be constructed simultaneously with the building and the other on-site wiring and plumbing systems.
Section VII Monitoring and Geohazards Protection of Landslide-Hazard Areas (Amended, SG No. 65/2003)
Article 95. (1) The activities of registration and monitoring of landslide-hazard areas within the territory of the Republic of Bulgaria as action taken to prevent accidents and damage shall be implemented by the Ministry of Regional Development and Public Works. (2) The Ministry of Regional Development and Public Works shall keep a public register of landslide-hazard areas. (3) The monitoring of landslide-hazard areas shall be performed through observation, analysis and evaluation of the results of detailed groundwater and hydrological investigation to determine the essential geotechnical characteristics of landslides and through geodetic survey and observations of constructed survey monument grids for landslide movements in space and time. (4) The circumstances and particulars recordable in the register referred to in Paragraph (2), as well as the terms, procedure and manner of performing the activities referred to in Paragraph (3), shall be established by an ordinance of the Minister of Regional Development and Public Works. Article 96. (1) The measures for containment of landslides, erosion and abrasion processes and for prevention of accidents and damage shall be implemented by the Ministry of Regional Development and Public Works. (2) For the purpose of landslide containment, including consolidation of the River Danube stream-banks and the Black Sea shoreline, there shall be implemented the requisite geohazards control operations and geohazards protection projects on the basis of specific schemes, master plans and detailed plans, and approved development-project designs under the terms and according to the procedure established by this Act. (3) The technical requirements to the designing of geotechnical construction works, buildings and facilities in landslide-hazard areas shall be established by an ordinance of the Minister of Regional Development and Public Works. (4) The coordination between the individual government departments in connection with the geohazards protection of nucleated settlements, resort complexes, the River Danube stream banks and the Black Sea shoreline, as well as the engineering supervision of work to remove and eliminate geologic hazards, shall be implemented by the Ministry of Regional Development and Public Works. (5) Performance of building works of any kind in landslide hazard areas shall require advance permission by the Minister of Regional Development and Public Works, issued within two months after receipt of a request.
Section VIII Waste-Treatment Installations and Facilities
Article 97. (1) The location of sites for construction of waste treatment installations and facilities shall be determined by master plans and detailed plans. (2) The distances from the sites for arrangement of waste treatment installations and facilities to nucleated settlements shall be determined depending on the (treatment) technology adopted and the established sanitary protected areas. (3) The sites referred to in Paragraph (1) shall be selected, constructed and operated on the basis of designs approved according to the standard procedure and according to requirements established by ordinances of the Minister of Regional Development and Public Works, the Minister of Environment and Water, and the Minister of Health. Article 98. (1) The ground for, and construction of, household waste and construction and demolition-waste treatment installations and facilities shall be provided by the municipality concerned. (2) Two and more municipalities may construct shared household waste and construction and demolition-waste treatment installations and facilities. (3) The provision of ground, the construction of installations and facilities, and the treatment of industrial waste, including hazardous waste, shall be performed under the terms and according to the procedure established by the Mitigation of the Harmful Environmental Impact of Waste Act.
Section IX Gas Supply (New, SG No. 65/2003)
Article 98a. Gas supply of urbanized areas shall be implemented through construction of a gas-distribution network according to designs approved according to the standard procedures in accordance with the projections of the master plans and detailed plans and the specific diagrammatic layouts attached thereto. If there are no master plans and detailed plans for small nucleated settlements and dispersed settlements, the gas-supply system installation designs shall be prepared on the basis of a specific diagrammatic layout approved according to the procedure established by Article 128 herein. Article 98b. (1) The street gas-distribution networks, the elements thereof and the adjoining facilities shall be constructed by and for the account of the legal person which has obtained authorization for construction of such energy facilities according to the procedure established by the Energy and Energy Efficiency Act. (2) Gas-distribution networks and the elements thereof shall be operated, maintained and repaired by and for the account of the gas- distribution enterprises (companies) in the nucleated settlements. (3) The gas-supply piping and fittings in buildings shall be constructed, maintained and repaired for the account of the owners of the buildings.
PART TWO SPATIAL-DEVELOPMENT PLANNING. DEVELOPMENT-PROJECT DESIGNING AND CONSTRUCTION AUTHORIZATION Chapter Five SPATIAL-DEVELOPMENT SCHEMES
Article 99. (1) Spatial-development schemes shall provide for planning of spatial-development areas consistent with the socio economic development, with guaranteed environmental protection. (2) Spatial-development schemes may be elaborated for the territory of the entire country, of one or several administrative regions, or of a group of adjoining municipalities. (3) According to the contents thereof, there can be integrated spatial-development schemes, where solving general planning problems of the area and the interdependence of the said problems, and specific spatial-development schemes, where solving specific spatial-development problems of the area or the spacing of economic and other socially significant projects and infrastructures of national, functional-regional, administrative regional, and inter-municipality importance. Article 100. Planning of the national territory shall be implemented on the basis of a National Integrated Spatial Development Scheme. The said Scheme shall specify the means to attain the objectives and tasks of spatial development on a national level, contingent on an overall sustainable socio economic development. Article 101. (1) (New, SG No. 65/2003) Functional-region spatial-development schemes shall conform to the projections of the National Spatial-Development Scheme. (2) (Previous Article 101, SG No. 65/2003) Functional region spatial-development schemes shall determine: 1. (amended, SG No. 65/2003) the requirements as to spatial development in accordance with the National Spatial-Development Scheme and the regional development strategies; 2. the general spatial structure of the functional region, the general intended purpose of the spatial-development areas referred to in Article 7 herein, and the general requirements as to the use, protection and planning of the said areas; 3. the sitting and future development of the physical infrastructure projects, networks and facilities of national and regional importance; 4. the development of the network of nucleated settlements in the functional region and the centres of national and functional regional importance; 5. the measures to protect and ameliorate the environment, to prevent or mitigate harmful environmental and public-health impacts. (3) (New, SG No. 65/2003) Depending on the specific tasks of the functional-region spatial-development scheme, as set in the design terms of reference, specific functional-region spatial development schemes can be prepared under Items 3, 4 and 5 of Paragraph (2). Article 102. (1) Spatial-development schemes shall have no direct development-project applicability. (2) The projections of the approved spatial-development schemes regarding the spatial structure, the physical infrastructure of national and regional importance, environmental protection and protection of cultural and historical heritage sites, as well as regarding the use of water and forest resources, shall be mandatory in respect of succeeding spatial-development plans. (3) The projections of the approved spatial-development schemes shall be grounds for the regional and municipal administration to apply for budget grants for spatial-development activities.
Chapter Six SPATIAL-DEVELOPMENT PLANS Section I General Provisions
Article 103. (1) Spatial-development plans shall be of the following types: 1. master plans; 2. detailed plans. (2) A master plan shall determine the prevailing intended purpose and manner of planning of the separate structural parts of the areas comprehended into the plan. (3) A detailed plan shall determine the specific intended purpose and manner of planning of the separate lots comprehended into the plan. (4) Each spatial-development plan shall conform to the projections of the superior spatial-development schemes and plans, if any, and shall represent a more complete, more detailed and specific elaboration in respect thereof. (5) (New, SG No. 65/2003) A detailed plan of a nucleated settlement and of the land-use area thereof may be created even where there is no master plan of the said settlement. In the cases where the regulation and building-development mode plans comprehend the entire nucleated settlement, the said plans shall concurrently perform the role of a master plan of the said settlement. (6) (New, SG No. 65/2003) Subsurface and hydrological investigation shall be conducted upon preparation of master plans and detailed plans in respect of the overall stability of the spatial-development area and the buildability thereof.
Section II Master Plans
Article 104. (1) (Amended, SG No. 65/2003) Master plans shall provide a basis for the overall planning of the spatial development areas of municipalities, of parts thereof or of individual nucleated settlements with the land-use areas thereof. The projections of the master plans, determining the general structure and prevailing intended purpose of the spatial development area, the type and intended purpose of the physical infrastructure and the protection of the environment and the cultural and historical heritage sites, shall be mandatory in preparation of the detailed plans. (2) (Supplemented, SG No. 65/2003) The rules and standard specifications for application of any master plan, which shall be prepared in accordance with the ordinance referred to in Article 13 (1) herein and shall be approved simultaneously with the plan, shall constitute an integral part of the said plan. (3) A master plan shall have no direct applicability to construction authorization. Article 105. Master plans shall be elaborated for the spatial development areas of: 1. a particular municipality, comprehending all nucleated settlements in the said municipality and the land-use areas of the said settlements; 2. a particular part of a municipality, comprehending a group of adjoining land-use areas with the nucleated settlements thereof; 3. an urban nucleated settlement, together with the land-use area thereof; the spatial-development area which is subject to the master plan need not be coincident with the land-use area of the urban settlement; 4. a dispersed settlement of national importance according to the Territorial Administration of the Republic of Bulgaria Act. Article 106. The master plan of a municipality or of a part thereof shall determine: 1. (supplemented, SG No. 65/2004) the general spatial structure of the spatial-development area subject to the plan, and the prevailing intended purpose of the constituent and structural parts of the said area: location and boundaries of the nucleated settlement and dispersed-settlement areas; the agricultural areas; the forest areas; the nature-conservation areas; the cultural and historical conservation areas, the disturbed areas for rehabilitation, and the areas of special, other, or mixed intended purpose; 2. the general planning mode of each of the spatial-development areas covered under Item 1, with the requisite rules and standard specifications; 3. the sitting of the physical-infrastructure networks and facilities within the territory of the municipality, and the connections of the said networks and facilities to the spatial development areas of the surrounding municipalities and to the infrastructure networks, facilities and projects of national importance; 4. the spatial-development areas constituting public state and public municipal property, and the planning mode thereof; 5. the spatial-development areas susceptible to predictable natural hazards and the requisite precautions and a manner of planning and protection; 6. the spatial-development areas for active application of landscaping and aesthetically effective arrangement. Article 107. The master plan of an urban settlement with the land-use area thereof or of a dispersed settlement of national importance shall determine: 1. the general spatial structure of the spatial-development area subject to the plan: residential areas; manufacturing and storage areas; park and garden areas; sports and entertainment areas; public-services areas; areas containing cultural and historical heritage sites; areas for construction of resort and tourist facilities and country houses; areas for physical infrastructure networks and facilities; agricultural areas; forest areas; nature-conservation areas; disturbed areas for rehabilitation; areas of special, other or mixed intended purpose. 2. the general planning mode of each of the spatial-development areas covered under Item 1, with the requisite rules and standard specifications; 3. the spatial-development areas constituting public state and public municipal property, and the planning mode thereof; 4. the requirements as to the aesthetic composition of the area; 5. (new, SG No. 65/2003, amended, SG No. 61/2007) the requirements as to planning of an environment accessible to the entire community, including persons with disabilities.
Section III Detailed Plans
Article 108. (1) Detailed plans shall particularize the planning and building development of nucleated-settlement areas and of the land-use areas of nucleated settlements, as well as of the dispersed settlements. The projections of detailed plans shall be mandatory in development-project designing. (2) (Supplemented, SG No. 65/2003, amended, SG No. 41/2007, SG No. 61/2007) A detailed plan shall be accompanied by grading plans, diagram maps of the communication and transport network, of water supply, sewerage, electrification, by landscaping and spatial renewal plans, subsurface investigation, central-heating and hot-water supply, telecommunications and other such, which shall be approved simultaneously with the detailed plan as an integral part thereof. Regulation plans shall determine the cross sections of the streets with projected amenity planting and the servitude strips for physical-infrastructure networks and facilities, if beyond the scope of street regulation plans. Diagrammatic layouts of physical-infrastructure networks and facilities shall determine the type and the technical dimensions of the said networks and facilities within a scope sufficient for the issuance of a design permit under Article 140 herein. (3) Where detailed plans are created for a single block or a group of blocks, the said plans shall enclose a grading design. Should any such design project alterations of the street network, the said design shall enclose a layout of the street network, cross sections of the streets, as well as layouts of the physical infrastructure networks and facilities, if the new projections affect existing physical-infrastructure underground networks and facilities of the nucleated settlement or parts of the said networks and facilities. (4) (Amended and supplemented, SG No. 65/2003) The rules and standard specifications for application of the detailed plans, which shall be prepared in accordance with the ordinance referred to in Article 13 (1) herein and shall be approved simultaneously with the detailed plans, shall constitute an integral part of any such plan with the exception of a integrated development initiative design referred to in Article 150 herein. (5) The projections of the plan must be cost-effectively feasible and provide an opportunity for appropriate planning of the regulated lots and of the blocks. (6) Lot owners shall be indemnified for any detriment caused by the application of the grading plan. Article 210 herein shall apply in such a case. Article 109. (1) Detailed plans may be elaborated for the areas of: 1. a nucleated settlement with the land-use area thereof, as well as a structural part of a nucleated settlement with the immediately adjoining part of the land-use area; 2. a nucleated or dispersed settlement or a part thereof comprehending part of a block, one or several blocks; 3. a land-use area or a part of a land-use area. (2) A detailed plan may furthermore be elaborated for a single lot or for a group of lots. Article 110. (1) Detailed plans may be of the following types: 1. regulation and building-development plan, abbreviated to RBDP (plan for regulation of streets and lots and for building development mode); 2. regulation plan, abbreviated to RP (plan for regulation of streets and lots without building-development mode); one subtype of a regulation plan shall be the street-regulation plan, abbreviated to SRP (plan limited to regulation of streets and of lots for public-property projects); 3. (amended, SG No. 65/2003) building-development plan, abbreviated to BDP; 4. working spatial-development plan, abbreviated to WSDP (plan for building development and skyline arrangement); 5. (new, SG No. 65/2003) parcelling plans for the physical infrastructure elements outside urbanized-area boundaries. (2) (Amended, SG No. 65/2003) One of the plans covered under Paragraph (1) may be prepared and applied according to the spatial development objectives and tasks and depending on the specific need upon planning of a specific spatial-development area. (3) The detailed plans referred to in Item 2 of Paragraph (1) may furthermore designate planning zones and planning-mode areas, and building-development lines. (4) A plan for regulation and building-development mode shall be prepared and applied for redevelopment of residential complexes, of industrial, resort, vacation and other dispersed settlements. Article 111. Specific detailed plans may be elaborated for agricultural, forest and protected areas, for disturbed areas for rehabilitation, and for areas of special and other intended purposes, with the said plans solving specific spatial-development problems and comprehending structural parts of the municipality territory. Article 112. (1) A detailed plan referred to in Item 1 of Article 110 (1) herein shall determine: the spatial structure, the planning zones and planning-mode areas, and the specific intended purpose of each lot. (2) A detailed plan referred to in Item 1 of Article 110 (1) herein shall regulate: 1. the lots intended for works constituting public property; 2. the lots for building development and the lots without building development, with the mode thereof; 3. the blocks and lots for predominantly residential development of maximum permissible building-development density and intensity, height and building-development manner, building development lines; 4. the blocks and lots for manufacturing and storage, for agricultural production and animal husbandry, the planning mode thereof and the sanitary protected areas thereof; 5. the blocks and lots for landscaping intended for a recreational, protective and land-reclamation purpose; 6. the blocks and lots for sporting activities and entertainment activities and the planning mode thereof; 7. the blocks and lots with public-services buildings; 8. the blocks and lots of cultural and historic significance and the planning and protection mode thereof; 9. (amended, SG No. 65/2003) the street network, and the driveways. 10. the physical-infrastructure networks and facilities with the servitude strips thereof, as well as the projects involved in environmental protection; 11. the blocks and lots of mixed, special, or other intended purpose. (3) (Repealed, SG No. 65/2003). (4) (Supplemented, SG No. 65/2003) The detailed plans shall furthermore create conditions for spatial development of the environment and the physical infrastructure with a view to accessibility to, and use by, persons with disabilities, confirming to the requirements of the ordinance referred to in Item 5 of Article 107 herein. Article 113. (1) A working spatial-development plan shall be drafted for a limited part of the spatial-development area (a separate regulated lot or a group of regulated lots) and shall be prepared on the basis of a detailed plan referred to in Items 1, 2 and 3 of Article 110 (1) herein or simultaneously therewith. The building-development character and manner as projected by the effective detailed plan may not be altered by a working spatial development plan. (2) (Amended, SG No. 65/2003) A working spatial-development plan shall be drafted at the request of the contracting authority for particularization of the effective detailed plan solely under the terms established by Article 36 of this Art or in the case of attached development of more than two regulated lots. (3) A working spatial-development plan may admit, inter alia, alterations of the regulated-lot boundaries in compliance with the terms established by Article 17 herein. (4) A working spatial-development plan shall determine precisely: 1. the siting and apparent outline of the buildings, as well as the minimum separation between the buildings and between the buildings and the lot boundaries, in conformity with the building development density and intensity permissible for the relevant planned development zone; 2. the requisite skylines, specifying: the maximum heights of buildings and the ridges thereof in absolute level marks; the number of stories; the shape and pitch of the roofs, and the architectural link between the buildings for the purposes of proper space arrangement. (5) (New, SG No. 65/2003) At the request of the contracting authority, a draft modification of a detailed plan may be prepared, communicated, approved and take effect simultaneously with the draft working spatial-development plan. Article 114. (1) (Previous Article 114, SG No. 65/2003) The specific siting of buildings and the building development manner of lots regulated by the plans covered under this Section shall be determined: 1. by a working spatial-development plan, where preparation of such a plan shall be mandatory; 2. (amended, SG No. 65/2003) by a design permit referred to in Article 140 herein, in the case of detached development and attached development on two adjoining regulated lots. (2) (New, SG No. 65/2003) The siting of physical-infrastructure networks and facilities shall be determined by the development project design.
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