Chapter Seven
CREATION, APPROVAL AND MODIFICATION OF SPATIAL-DEVELOPMENT
SCHEMES AND PLANS
Section I

Information and Technical Basis of Spatial-Development
Schemes and Plans
Article 115. (1) Spatial-development schemes and plans shall be drafted using data derived from the topographic maps, the cadastre, the levelling plans, the selective maps and others, whether digital or graphic, as well as other data retrieved from the specialized information systems of central and local administrations and of corporations.
(2) The data regarding the location, boundaries, sizes, durable intended purpose and manner of durable use of lots and buildings, the data regarding the international borders, the boundaries of the political units and territorial units and the boundaries of spatial-development areas comprehending properties of identical durable intended purpose, as well as the data regarding ownership and limited real rights, shall be retrieved from the cadastre and the property register.
(3) The data regarding the overhead networks and facilities of the physical infrastructure, regarding the transport facilities (railroads, roads, bridges, fords, maritime and river ports and other such), regarding the hydrography, regarding the cover crop and the soil mantle and regarding the terrain shall be retrieved from the topographic and selective maps.
(4) The data regarding the subterranean buildings, regarding the physical-infrastructure underground networks and facilities, regarding the protected natural sites, regarding the cultural and historical heritage sites, as well as other specific data regarding the spatial-development areas shall be handled using the selective maps, registers and information systems of central and local administrations and of corporations.
(5) (Amended, SG No. 65/2003) At the request of the municipality mayor, of other government departments or of the interested parties, selective maps, registers and information systems with additional cadastral data referred to in Article 32 (1) of the Cadastre and Property Register Act may be created simultaneously with the creation of the cadastral map and the cadastral registers.
(6) (New, SG No. 65/2003) The information covered under Paragraphs (1) to (5) shall mandatorily be provided to the competent state or municipal administration, charging solely the actual expenditures incurred for duplication of documents. Upon request, any such information shall be provided within seven days. Upon refusal or delay, administrative penalty liability shall be incurred according to this Act.
Article 116. (1) The legal or natural persons, which or who implement building works affecting the contents of the cadastral plans, shall be obligated, upon completion of any such works, to provide forthwith the municipal administration with comprehensive and accurate data regarding the new construction or remodelling performed in the form of diagrams, plats, plans, drawings and documentary proofs of title. In the cases where the contents affected are of a cadastral plan which has been transmitted to the Geodesy, Cartography, and Cadastre Agency or of an approved cadastral map, the said data shall be provided to the Geodesy, Cartography, and Cadastre Agency.
(2) (Amended, SG No. 65/2006) In connection with the preparation of selective maps of physical-infrastructure underground networks and facilities and of other subterranean construction works, the municipalities and the corporations which steward and use the said networks, facilities and projects shall be obligated to cooperate with the relevant makers of the selective maps, providing the said makers, when requested to do so, with comprehensive and accurate diagrams, plats, drawings and, where necessary, documentary proofs of title, as well as indicating and marking on the ground the exact location of the existing underground networks, facilities and construction works, including the ground-water extraction facilities.
(3) A basic plan, containing the requisite data under this Section regarding the relevant spatial-development area, may be drafted as a technical basis of the spatial-development schemes and plans.
Article 117. The Minister of Regional Development and Public Works, acting in consultation with the Minister of Environment and Water and with the Minister of Health, shall issue an ordinance establishing the scope and contents of spatial-development schemes and plans.

Section II
Creation, Approval and Modification of Spatial-Development Schemes

Article 118. (1) Preparation of spatial-development schemes shall be commissioned by the authorities competent to approve the spatial-development schemes, and preparation of the National Spatial-Development Scheme shall be commissioned by the Minister of Regional Development and Public Works with the assistance and participation of the central and local administrations.
(2) Spatial-development schemes shall be prepared on national budget resources and on municipal resources.
(3) (Amended, SG No. 65/2003, No. 37/2006) The investigation and designing of spatial-development schemes shall be commissioned according to a procedure established by the Public Procurement Act.
Article 119. (1) Draft spatial-development schemes shall be prepared on the basis of terms of reference compiled by the contracting authority, specifying a rationale for the need to create the scheme, the territorial scope, the time limits and stages of preparation, as well as the basic requirements to the said scheme. Requisite information regarding the existing situation and development prospects of the relevant area shall be attached to the said terms of reference.
(2) (Supplemented, SG No. 65/2003) The central and local administrations possessing any information as shall be necessary for preparation of the terms of reference shall be obligated to provide the said information in the required volume gratuitously to the contracting authority upon request within one month.
(3) (New, SG No. 65/2003, amended, SG No. 61/2007) The terms of reference referred to in Paragraph (1) regarding protected cultural and historical heritage areas shall be cleared with the National Institute of Monuments of Culture under the terms and according to the procedure established by Article 125 (5) herein.
(4) (New, SG No. 65/2003) Should any elements of the National Environmental Network be affected, the terms of reference referred to in Paragraph (1) shall be approved after clearance with the Ministry of Environment and Water, which shall present a written opinion within one month after the date of receipt.
Article 120. Spatial-development schemes shall be prepared by technically qualified licensed persons according to Articles 229 and 230 herein.
Article 121. (1) (Amended, SG No. 65/2004) Draft spatial development schemes shall be subject to public debate prior to the submission thereof to the expert boards on spatial development. The contracting authority of a spatial-development scheme shall announce the venue, date and time of any such debate in one national daily newspaper and it at least one local medium. The proceedings at any such debate shall be recorded in writing, and the said record shall be filed with the documentation for the Expert Board. In the cities subdivided into wards, public debates shall mandatorily be organized in all wards.
(2) (Amended and supplemented, SG No. 65/2003, amended, SG No. 61/2007) Clearance of draft spatial-development schemes with the central and local administrations concerned and, where necessary, with the specialized control authorities and the utility companies, shall be effected by the contracting authority and shall take the form of written opinions of the said administrations and authorities presented within one month after receipt of a request for clearance and thorough participation of designated representatives thereof in the meeting of the expert board on spatial development. Refusals of clearance must be reasoned. If no written opinion has been presented and a representative of the central or local administration concerned is absent from the meeting of the expert board, or if the minutes of proceedings at the meeting of the board are not signed within fourteen days after the meeting, clearance of the draft shall be presumed.
(3) (Supplemented, SG No. 65/2003) The draft functional-region spatial-development schemes shall be cleared within one month with the municipal councils of the municipalities whereof the territories are affected by the said schemes.
(4) (Amended, SG No. 65/2003) The draft functional-region spatial-development schemes comprehending the territory of a single administrative region, which have not been cleared by a municipal council, shall be submitted for consideration to the National Expert Board.
(5) (Amended and supplemented, SG No. 65/2003) The draft spatial-development schemes comprehending the territory of a single administrative region shall be considered by the administrative-regional expert board, and all other schemes shall be considered by the National Expert Board within two months after submission to the relevant expert board.
Article 122. (1) The Council of Ministers, acting on motion by the Minister of Regional Development and Public Works, shall approve the National Integrated Spatial-Development Scheme by a decision.
(2) The Minister of Regional Development and Public Works shall approve by an order the specific spatial-development schemes and the functional- region spatial-development schemes which affect the territory of more than one administrative region, as well as the functional-region spatial-development schemes referred to in Article 121 (4) herein.
(3) The Regional Governor may approve by an order the spatial development schemes which affect the territory of a single administrative region.
(4) The acts covered under Paragraph (1) to (3) shall be promulgated in the State Gazette. The said acts shall be final and unappealable.
Article 123. Any modifications and additions to approved spatial-development schemes shall be introduced under the terms and according to the procedure for the preparation and approval of the said schemes.

Section III
Creation, Announcement and Approval of Spatial-Development Plans

Article 124. (1) (Supplemented, SG No. 65/2003) Preparation of master plans shall be commissioned by the municipality mayor in pursuance of a Municipal Council resolution, where the said plans are financed with municipal budget resources, or by the Minister of Regional Development and Public Works, in the cases of financing from the national budget.
(2) (Supplemented, SG No. 65/2003) Preparation of detailed plans shall be commissioned by the municipality mayor, by the Regional Governor, or by the Minister of Regional Development and Public Works. Detailed plans may furthermore be commissioned by interested parties with the consent of the municipality mayor.
(3) Preparation of detailed plans for part of a nucleated or dispersed settlement of a scope not extending beyond three blocks, as well as for lots outside nucleated-settlement and dispersed settlement limits, may furthermore be commissioned by interested parties after obtaining a permission from the municipality mayor.
(4) (New, SG No. 65/2003, supplemented, SG No. 103/2005) Preparation of spatial-development plans which comprehend spatial-development areas extending beyond a single municipality or which project construction of projects of functional-regional importance shall be commissioned or authorized by the Regional Governor, and preparation of spatial-development plans which comprehend spatial-development areas extending beyond a single administrative region or which project construction of projects of national importance, as well as of settlement formations of national importance, shall be commissioned or authorized by the Minister of Regional Development and Public Works in consultation with the authorities covered under Paragraphs (1) to (3).
(5) (New, SG No. 65/2003) Issuance of a permission by the authorities covered under Paragraphs (2) to (4) shall not be required for preparation of a working spatial-development plan for application of a detailed plan in any cases other than such referred to in Article 113 (3) herein.
Article 125. (1) Draft spatial-development plans shall be prepared on the basis of terms of reference including, where necessary, a basic plan, as well as from additional information relating to the spatial development of the relevant spatial development area, provided by the municipalities, the Geodesy, Cartography, and Cadastre Agency, the central and local administrations and corporations which shall prepare selective maps, registers and information systems.
(2) The terms of reference, compiled by the contracting authority, shall specify a rationale for the need to create the plan and shall contain requirements as to the territorial scope of the said plan, the time limits and stages of preparation. Requisite information regarding the existing situation and the spatial-development schemes and plans effective for the relevant spatial-development area shall be attached to the said terms of reference.
(3) The basic plan, which shall constitute an integral part of the terms of reference, shall be prepared on the scale of the relevant spatial-development plan and shall contain essential cadastral and specialized data regarding the spatial-development area.
(4) (Amended, SG No. 65/2003) A draft detailed plan shall cover the authorized construction works under a preceding detailed plan whereof the building permits have not lost legal effect. An alteration of projected building development, in respect whereof there was an effective building permit, shall be permissible solely with the consent of the contracting authority of the construction work.
(5) (New, SG No. 65/2003, supplemented, SG No. 61/2007) The terms of reference referred to in Paragraph (1) regarding protected cultural and historical heritage areas shall be cleared with the National Institute of Monuments of Culture within one month after submission of the said terms of reference, and in the cases where stand-alone or cluster monuments of culture of world or national importance, the boundaries or protection zones thereof, within two months. Should no pronouncement be issued within the said time limit, clearance without objections shall be presumed.
(6) (New, SG No. 65/2003, amended SG No. 77/2005) The terms of reference referred to in Paragraph (1) shall be submitted to the Ministry of Environment and Water or the respective regional environment an waters inspectorate for clearance and determination of the need of an environmental impact assessment according to the procedure established by the ordinance pursuant to Article 90 of the Environment Protection Act. The environment impact assessment shall be part of the detailed plan.
Article 126. (1) (Amended, SG No. 43/2002 and SG No. 65/2003, No. 37/2006) The investigation and designing of spatial-development plans, as well as the selection of a spatial-development concept shall be awarded according to the procedure established by the Public Procurement Act.
(2) (Repealed, SG No. 43/2002, new, SG No. 65/2003, repealed, SG No. 37/2006).
(3) (Repealed, SG No. 65/2003).
(4) Investigation and design works for drafting of spatial development plans shall proceed in the following phases:
1. preliminary design;
2. final design.
(5) The contracting authority shall have discretion to award separately the preparation of terms of reference with a basic plan, as well as to merge the phases covered under Paragraph (4).
(6) (New, SG No. 65/2003) Investigation and design works for physical-infrastructure elements outside urbanized-area boundaries shall proceed in the following phases:
1. preliminary design, in which alternatives of the route shall be prepared;
2. final design: a parcelling plan where under condemnation shall be effected.
Article 127. (1) Master plans shall be subject to public debate according to the procedure established by Article 121 (1) herein prior to the submission thereof to the expert boards on spatial development.
(2) Clearance of draft spatial-development schemes with the central and local administrations concerned and, where necessary, with the specialized control authorities and the utility companies, shall be effected according to the procedure established by Article 121 (2) herein.
(3) Draft master plans shall be adopted by the municipal expert board.
(4) (Repealed, SG No. 61/2007).
(5) By resolution of the Municipal Council, draft master plans of the spatial-development areas referred to in Article 10 (2) herein and other draft master plans may furthermore be submitted for adoption by the administrative-regional expert board or by the National Expert Board.
(6) The master plan shall be approved by the Municipal Council on a report by the municipality mayor. The resolution to approve the plan shall be promulgated in the State Gazette. Any such resolution shall be final and unappealable.
(7) (Amended, SG No. 106/2006) The special rules and standard specifications for the planning and building development of the spatial- development area of the Sofia Municipality shall be established by a separate law.
(8) (New, SG No. 106/2006) A new master plan of the Sofia Municipality, as well as modifications of the effective master plan, shall be adopted by the Council of Ministers according to the procedure established by this Act in conformity with the rules and standard specifications for planning and building development as determined by the Sofia Municipality Planning and Building Development Act.
(9) (Renumbered from Paragraph (8), SG No. 106/2006) The municipality mayor shall submit for approval by the Municipal Council an annual report on the implementation of the master plan of the municipality or of the nucleated or dispersed settlement, as the case may be, and shall move for modification of the said plan, if any such modification shall be necessary.
(10) (New, SG No. 65/2003, supplemented, SG No. 103/2005, renumbered from Paragraph (9), SG No. 106/2006) A master plan for dispersed settlements of national importance shall be approved by an order of the Minister of Regional Development and Public Works after consultation with the Municipal Council, and any such order shall be promulgated in the State Gazette. Any such order shall be final and unappealable.
Article 128. (1) Any decision by the municipality mayor on preparation of a detailed plan of a scope extending beyond three blocks shall be announced by means of posting in a prominent location on the premises of the municipality and insertion in at least one local newspaper.
(2) (Supplemented, SG No. 65/2003) Any prepared draft detailed plan shall be communicated by the municipality to interested parties by means of a notice promulgated in the State Gazette. The said notice shall be announced according to the procedure established by Paragraph (1). The same procedure shall be followed in communication of the draft detailed plans for physical infrastructure projects outside nucleated-settlement and dispersed settlement limits. At the discretion of the Chief Architect of the municipality, the draft detailed plan may be considered by the Municipal Council prior to the communication thereof with a view to bringing the said draft into conformity with regulatory requirements.
(3) Where the draft detailed plan is for a part of a nucleated or dispersed settlement of a scope not extending beyond three blocks, as well as for lots outside nucleated-settlement and dispersed-settlement limits, the notice referred to in Paragraph (2) shall not be promulgated in the State Gazette but shall be communicated to the interested parties.
(4) The procedures under Paragraphs (2) and (3) shall not be followed in respect of any working spatial-development plan which corresponds to an effective detailed plan.
(5) Within one month after the notice referred to in Paragraph (2) and within fourteen days after the announcement referred to in Paragraph (3), the interested parties may lodge written objections, suggestions and requests regarding the draft detailed plan with the municipal administration.
(6) Clearance of draft detailed plans with the central and local administrations concerned and, where necessary, with the specialized control authorities and the utility companies, shall be effected according to the procedure established by Article 121 (2) herein.
(7) Within one month after expiration of the time limits established by Paragraph (5), the drafts together with any objections, suggestions and requests as may have been received shall be adopted by the municipal expert board.
(8) (Repealed, SG No. 61/2007).
(9) By resolution of the Municipal Council, draft detailed plans for the spatial-development areas referred to in Article 10 (2) herein and other draft detailed plans may furthermore be presented for adoption by the administrative-regional expert board or by the National Expert Board.
(10) Where a draft detailed plan is returned for redrafting in whole or in part, the procedures provided for by statute shall be followed again in respect of the redrafted portion of the plan.
(11) The natural and legal persons shall be entitled to receive information from the municipal administration on any rejected objections, suggestions and requests regarding the plan.
(12) (New, SG No. 65/2003) Any draft detailed plan of a scope extending beyond a single municipality shall be considered by the administrative-regional expert board, and any draft detailed plan of a scope extending beyond a single administrative region and for dispersed settlements of national importance shall be considered by the National Expert Board, with communication being performed by the municipal administrations.
(13) (New, SG No. 61/2007) Where interested parties, within the meaning given by Article 131 herein, are only the parties on whose initiative a detailed plan is created or modified, the draft of the plan or of the modification thereof shall be approved by the competent authority without being communicated according to the procedure established by Paragraphs (2) and (3).
Article 129. (1) Any detailed plan, with the exception of a plan referred to in Article 128 (5) herein, shall be approved by Municipal Council resolution on a report by the municipality mayor within one month after adoption of the draft detailed plan by an expert board. Any such resolution shall be transmitted within seven days for promulgation in the State Gazette.
(2) Any detailed plan referred to in Article 128 (3) herein shall be approved by an order of the municipality mayor within fourteen days after adoption of the draft detailed plan by the municipal expert board.
(3) (New, SG No. 65/2003, supplemented, SG No. 103/2005) Any detailed plan of a scope extending beyond a single municipality shall be approved by an order of the Regional Governor, and any detailed plan of a scope extending beyond a single administrative region and for dispersed settlements of national importance, as well as any detailed plan providing the construction of a site of national importance, shall be approved by an order of the Minister of Regional Development and Public Works after consultation with the Municipal Council. Any such orders shall be transmitted within fourteen days for promulgation in the State Gazette.
(4) (New, SG No. 65/2003) In respect of transport physical infrastructure projects, the parcelling plan shall be approved by an order of the Minister of Regional Development and Public Works within one month after adoption of the draft by the National Expert Board on Spatial Development.
Article 130. (Amended, SG No. 61/2007) Any order to approve a detailed plan referred to in Article 128 (3) herein shall be communicated to the interested parties under the terms and according to the procedure established by the Administrative Procedure Code.
Article 131. (Amended, SG No. 65/2003) (1) Interested parties for the purpose of clearance and approval of spatial-development schemes and plans and of the modification thereof shall be the owners and the holders of limited real rights according to the particulars of the property register, whose corporeal immovables are immediately affected by the projections of the detailed plan.
(2) The following corporeal immovables shall be immediately affected by the projections of the detailed plan:
1. properties subject to the plan itself;
2. adjoining properties, where incorporated into an attached development;
3. adjoining properties, including such fronting the opposite street line, where reduced separations are permissible;
4. adjoining properties, where the intended purpose of the property subject to the plan is altered;
5. properties falling within any hygiene protection areas designated by a statutory instrument, as required for the building development projected by the plan.
Article 132. (1) (Previous Article 132, SG No. 65/2003) The resolutions, decisions and orders approving spatial development plans under this Act shall enter into effect:
1. as from the date of approval, where unappealable;
2. after expiration of the time limit for appeal, unless appealed;
3. as from the date of affirmation by the competent court of law whereof the judgment is final.
(2) (New, SG No. 65/2003) Where the resolution, decision or order approving a detailed plan has been appealed, the said resolution, decision or order shall enter into effect in respect of the part of the plan which is beyond the subject of the appeals.
Article 133. (1) (Supplemented, SG No. 65/2003) In the process of preparation of detailed plans, development-project designing of new construction works on lots may be authorized on the basis of a detailed plan which shall be an excerpt from the draft detailed plan in preparation. Preparation of a plan excerpt shall be authorized by the municipality mayor, by the Regional Governor, or by the Minister of Regional Development and Public Works. The plan excerpt shall be cleared with the designer of the detailed plan.
(2) Preparation of a plan excerpt referred to in Paragraph (1) shall be admitted after adoption of the preliminary design for a detailed plan by the competent expert board.
(3) As an exception and with the consent of the authority appointing the expert board on spatial development which is competent to adopt the draft detailed plan, preparation of a plan excerpt may be admitted even before the adoption of the preliminary design referred to in Paragraph (2), where street regulation is not subject to material alterations and there is existing building development within the scope of the plan excerpt which predetermines the building-development manner designed.
(4) Where a plan excerpt modifies an effective detailed plan, the said excerpt shall be prepared as a draft modification of the effective plan.
(5) (Amended, SG No. 65/2003) Should a working spatial development plan be necessary, it shall be prepared and proceeded with together with the plan excerpt referred to in Paragraph (1).
(6) (Amended, SG No. 65/2003) No plan excerpt shall be prepared for parts of the spatial-development area in respect of which the draft detailed plan in preparation does not alter the projections of an effective detailed plan. In such cases, a design permit shall mandatorily be issued in consultation with the designer of the new detailed plan.
(7) (New, SG No. 106/2006) In the process of preparation of a new master plan or of a modification of an effective master plan, after consideration of the draft by the municipal expert board on spatial development, creation of new and modification of effective detailed plans may be admitted in the cases where:
1. the draft of the new detailed plan conforms to the projections of the draft modification of or of the draft new master plan;
2. the draft modification of the effective detailed plan conforms to the projections of the draft modification of or of the draft new master plan.
(8) (New, SG No. 106/2006) In the cases referred to in Paragraph (7), preparation of a draft new detailed plan or of a draft modification of the detailed plan shall be admitted by an order of the municipality mayor.

Section IV
Terms and Procedure for Modification of Spatial-Development Plans

Article 134. (1) Any effective master plan may be modified where:
1. material changes occur in the socio-economic and spatial development conditions where under the plan was drafted;
2. (amended, SG No. 65/2003) new state or municipal needs arise of projects owned by the State, the municipalities, or the utility companies.
3. (new, SG No. 106/2006) development-project initiatives emerge, which will be implemented on resources provided under international treaties or by the State budget, as well as by investors certified according to the procedure established by the Investment Promotion Act;
4. (new, SG No. 106/2006) the necessity to construct buildings, networks and facilities for specific needs of national defence and security lapses;
5. (new, SG No. 106/2006) an apparent error of fact is ascertained, which is relevant to the projections of the plan;
6. (new, SG No. 106/2006, repealed, SG No. 61/2007);
7. (new, SG No. 106/2006, repealed, SG No. 61/2007);
8. (new, SG No. 106/2006, repealed, SG No. 61/2007);
(2) Any effective detailed plan may be modified on any of the grounds covered under Paragraph (1) as well as where:
1. (amended, SG No. 65/2003, SG No. 61/2007) no condemnation procedure has been initiated within the time limit referred to in Article 208 herein;
2. the cadastral plan or the cadastral map contains material deficiencies or errors which necessitate a modification of the effective detailed plan; in such a case, modification of the detailed plan shall be admitted after the cadastral plan is supplemented or corrected, as the case may be, by an order of the municipality mayor or after the cadastral map is supplemented or corrected, as the case may be, according to the procedure established by the Cadastre and Property Register Act;
3. the plan does not provide an opportunity for appropriate building development according to the effective spatial development rules and standard specifications as a result of established subsurface and groundwater conditions and for the purpose of conservation of valuable archaeological, historical and cultural finds;
4. the plan contains an apparent error of fact, which affects the projections thereof;
5. the plan has been approved despite material breaches of law; plans in respect of which there is an effective judgment of court or plans which have been applied may not be modified on this ground;
6. all directly interested owners assent;
7. there is a proposal of the court on cases of partition of regulated lots;
8. (new, SG No. 65/2003, repealed, SG No. 61/2007).
(3) (New, SG No. 65/2003) Where the modification of the detailed plan necessitates a modification of an effective master plan as well, simultaneous preparation, communication and approval of the two spatial-development plans shall be permissible.
(4) (Renumbered from Paragraph (3) and amended, SG No. 65/2003, amended, SG No. 61/2007) Effective detailed plans may not be modified for the purpose of:
1. legalization of illegally constructed construction works;
2. alteration of the assigned use of grounds designated for greenspaces by the detailed plans, except in the cases referred to in Item 1 of Paragraph (2) and in Article 62a (2) to (5) herein.
(5) (Renumbered from Paragraph (4), SG No. 65/2003) The detailed plans adopted by the National Expert Board may not be modified for a period of five years after the entry thereof into effect. Exceptions shall be permissible on the basis of a conclusion of the expert board of the municipality and with the consent of the Minister of Regional Development and Public Works.
(6) (Renumbered from Paragraph (5) and amended, SG No. 65/2003) Where, upon application of effective detailed plans, solely the siting and configuration of projected buildings is altered, inter alia through extension and heightening of existing buildings, without alteration of the building-development manner and character and the rules and standard specifications for the relevant planning zone, the said detailed plans need not be modified. In such cases, the specific building development shall be determined by a design permit referred to in Article 140 herein.
Article 135. (1) (Amended, SG No. 61/2007) The parties referred to in Article 131 herein may approach the competent municipality mayor with requests for modification of spatial-development plans by means of a written application, and in the cases referred to in Article 124 (4) herein, any such requests shall be addressed to the competent Regional Governor or to the Minister of Regional Development and Public Works, as the case may be.
(2) (Amended, SG No. 61/2007) Where the request is for modification of a detailed plan, a sketch showing the proposed modification of the said plan shall be attached to the application.
(3) (Amended, SG No. 61/2007) Within fourteen days after receipt of any such application, the competent authority referred to in Paragraph (1) shall admit or refuse to admit, by a reasoned prescription, the preparation of a draft modification of the plan.
(4) (New, SG No. 65/2003, amended, SG No. 61/2007) The orders under Paragraph (3) shall be issued on the basis of an opinion of:
1. the Chief Architect of the municipality: where the act is issued by the municipality mayor;
2. the municipality mayor: where the act is issued by the Regional Governor;
3. the municipality mayor and the Regional Governor: where the act is issued by the Minister of Regional Development and Public Works.
(5) (Renumbered from Paragraph (4) and amended, SG No. 65/2003, SG No. 61/2007) Should any of the grounds covered under Article 134 (1) and (2) herein exist, the control authority referred to in Paragraph (1) may order, proprio motu, by a reasoned prescription, the preparation of a draft modification of an effective spatial-development plan.
(6) (Renumbered from Paragraph (5) and amended, SG No. 65/2003, SG No. 61/2007) The reasoned prescriptions referred to in Paragraphs (3) and (5), whereby preparation of a draft modification of the plan, shall suspend the application of the effective spatial-development plans within the parts whereto the said prescriptions apply.
Article 136. (1) (Amended and supplemented, SG No. 65/2003) The draft modifications of spatial-development plans under on the grounds referred to in Article 134 (1) and (2) herein shall be prepared, cleared, announced and enter into effect according to the procedure established by Section III of Chapter Seven herein.
(2) (New, SG No. 65/2003, supplemented, SG No. 65/2004) The clearance requirements under Article 121 (2) herein shall not apply to draft modifications of spatial-development plans on the grounds referred to in Article 134 (2) herein of a scope not extending beyond three blocks, with the exception of the cases referred to in Items 5 and 6 of Article 134 (2) herein, where immovable cultural property is affected.
(3) (Renumbered from Paragraph (2), SG No. 65/2003) The effect of the relevant preceding spatial-development plan shall be terminated as from the effective date of the new or modified spatial-development plan.
(4) (Renumbered from Paragraph (3), SG No. 65/2003) Copies of any effective modifications of detailed plans, whereby lot boundaries are altered, shall be transmitted to the Geodesy, Cartography, and Cadastre Agency.

Chapter Eight
DEVELOPMENT-PROJECT DESIGNING AND CONSTRUCTION AUTHORIZATION
Section I
Development-Project Investigation and Designing

Article 137. (Amended, SG No. 43/2002 and SG No. 65/2003) (1) Depending on the characteristics, significance, complexity and operating risk, construction works shall be categorized as follows:
1. Category One:
(a) highways and first-class and second-class roads of the national road network, railroads, public-transport maritime or river ports and airports, subways and the facilities thereto appertaining;
(b) (amended, SG No. 41/2007) physical-infrastructure transmission lines and the facilities thereto appertaining in the sphere of water supply, electricity supply, heat supply, gas supply, electronic communications and other operations;
(c) construction works required for prevention and protection of the community against, and recovery of functional regions from, disasters and accidents;
(d) construction works capable of causing a hazard of explosion, of a significant harmful environmental impact, or of the spread of toxic or noxious substances;
(e) hydraulic engineering projects posing a risk of flooding, including dams of a capacity exceeding 50 million cubic metres or of a dam wall height exceeding 80 metres;
(f) construction works whereat the working process is uninterruptible;
(g) geohazards-control facilities and stream-bank- and shoreline-stabilization facilities;
(h) electric power plants and heat power plants of a generating capacity exceeding 100 megawatts;
(i) productive enterprises of a capacity exceeding 500 job positions and facilities thereto appertaining;
(j) metal-industry and chemical-industry enterprises, coal mines, ore mines, quarries, including the liquidation thereof, as well as projects related to elimination of environmental damage on the site of impact;
(k) other construction works of national importance, designated by an act of the Council of Ministers;
(l) (new, SG No. 65/2004) immovable cultural property assigned "world importance" and "national importance" category;
(m) (renumbered from Letter (l), SG No. 65/2004) redevelopments, remodellings, overhauls and alteration of the intended purpose of the construction works of this category;
2. Category Two:
(a) third-class roads of the national road network, first-class and second-class primary street network and the facilities thereto appertaining;
(b) (amended, SG No. 41/2007) distribution lines, facilities and devices thereto appertaining in the sphere of water supply, electricity supply, heat supply, gas supply, electronic communications and other operations;
(c) hydraulic engineering projects, including dams of a capacity exceeding 30 million cubic metres but not exceeding 50 million cubic metres or of a dam wall height exceeding 50 metres but not exceeding 80 metres;
(d) waste-treatment installations and facilities;
(e) public services buildings and facilities of a capacity exceeding 1,000 visitor places;
(f) manufacturing buildings of a capacity exceeding 200 job positions but not exceeding 500 job positions and the facilities thereto appertaining;
(g) electric power plants and heat power plants of a generating capacity exceeding 25 megawatts but not exceeding 100 megawatts;
(h) (new, SG No. 65/2004) immovable cultural property assigned "local importance" category;
(i) (renumbered from Letter (h), SG No. 65/2004) redevelopments, remodellings, overhauls and alteration of the intended purpose of the construction works of this category;
3. Category Three:
(a) municipal roads, third-class and fourth-class streets of the primary street network and the facilities thereto appertaining;
(b) (amended, SG No. 41/2007) physical-infrastructure elements, hydraulic-engineering, irrigation and land-reclamation and other networks, facilities and systems not categorized above;
(c) residential and mixed-purpose buildings of a high-rise development; public services buildings and facilities of a gross floor area exceeding 5,000 square metres or of a capacity exceeding 200 visitor places but not exceeding 1,000 visitor places;
(d) manufacturing buildings of a capacity exceeding 100 job positions but not exceeding 200 job positions and the facilities thereto appertaining;
(e) electric power plants and heat power plants of a generating capacity not exceeding 25 megawatts;
(f) parks and gardens of a surface area exceeding 1 hectare;
(g) redevelopments, remodellings, overhauls and alteration of the intended purpose of the construction works of this category;
(h) (new, SG No. 41/2007) electronic communications networks and facilities, constructed of a trunk type at a national level;
4. Category Four:
(a) private roads, fifth-class and sixth-class streets of the secondary street network and the facilities thereto appertaining;
(b) residential and mixed-purpose buildings of a medium high rise development; public services buildings and facilities of a gross floor area exceeding 1,000 square metres but not exceeding 5,000 square metres or of a capacity exceeding 100 visitor places but not exceeding 200 visitor places;
(c) manufacturing buildings of a capacity exceeding 50 job positions but not exceeding 100 job positions and the facilities thereto appertaining;
(d) parks, gardens and greenspaces of a surface area not exceeding 1 hectare;
(e) redevelopments, remodellings, overhauls and alteration of the intended purpose of the construction works of this category;
(f) interior remodelings of Category One to Four buildings whereby the structure thereof is not affected;
(g) (new, SG No. 41/2007) electronic communications networks and facilities, constructed in urbanized areas with high-rise and medium-rise development;
5. Category Five:
(a) residential and mixed-purpose buildings of a low-rise development, country-house buildings, public services buildings and facilities of a gross floor area not exceeding 1,000 square metres or a capacity not exceeding 100 visitor places;
(b) manufacturing buildings of a capacity not exceeding 50 job positions and the facilities thereto appertaining;
(c) accessory-development construction works other than such covered under Category Six;
(d) redevelopments, remodellings, overhauls and alteration of the intended purpose of the construction works of this category;
(e) (new, SG No. 41/2007) electronic communications networks and facilities, constructed in urbanized areas with low-rise development.
6. Category Six: the construction works covered under Article 54 (1) and (4) and Article 147 herein.
(2) The nomenclature of the types of construction works by individual category shall be established by an ordinance of the Minister of Regional Development and Public Works.
(3) Where preparation of development-project designs constitutes a public procurement within the meaning given by the Public Procurement Act, the said preparation shall be awarded according to the procedure established by the said Act.
(4) (Amended, SG No. 37/2006) Preparation of development-project designs shall be assigned according to the procedure established by the Public Procurement Act.
(5) (Repealed, SG No. 37/2006).
Article 138. (Amended, SG No. 65/2003) The contracting authority may commission pre-design (pre-development) investigations and development of dimensions, areas and volumes for determination of the sitting of the project, proving regulatory permissibility, the appropriateness of the development-project concept, as well as compilation of terms of reference for preparation of a development-project design.
Article 139. (1) Development-project designs may be prepared in the following phases:
1. conceptual design;
2. schematic design;
3. working design (working drawings and details).
(2) (Amended, SG No. 65/2003) The producing entity shall have discretion as to which phases or parts of development-project designs the said entity shall contract in accordance with the specifics of the projects for successful implementation of the development-project intention.
(3) (Amended, SG No. 65/2003) All parts of the development project designs (graphical and textual) shall be signed by the designer, by the person who performed the conformity assessment, by the contracting authority and by a design engineer possessing full licensed designer qualifications in respect of the structural part, where the conformity assessment has not been performed by a consultant.
(4) (Supplemented, SG No. 20/2003, repealed, SG No. 65/2003).
(5) The Minister of Regional Development and Public Works shall issue an ordinance on the scope and contents of development project designs.
Article 140. (Amended, SG No. 65/2003) (1) The contracting authority or a person authorized thereby may request a design permit. A design permit shall be issued by the Chief Architect of the municipality within fourteen days after receipt of the application.
(2) A design permit shall be a copy (excerpt) of an effective detailed plan of a scope extending to the lot and the adjoining lots, indicating the existing buildings and structures within the said lot and within the adjoining lots, and with building development lines and permissible heights, building-development density and intensity and other requirements, if any, as well as the permissible deviations under Article 36 herein, plotted thereon.
(3) (Supplemented, SG No. 65/2004, amended and supplemented, SG No. 61/2007) Issuance of a design permit shall be mandatory for any construction works referred to in Article 12 (3), Article 41 (2), Articles 50, 51, 58, 59, Article 133 (6) and Article 134 (6) herein, as well as for any works which are immovable cultural property.
(4) In nucleated settlements and parts thereof with an effective regulation plan, designated for low-rise residential development, development- project designing may commence on the basis of a design permit indicating the requirements for building development in conformity with the effective standard specifications, provided that the building-development character is not altered and solely upon detached and attached development between two properties. Approval of a building-development plan shall not be required for authorization of construction.
(5) A design permit shall not be issued for physical infrastructure projects.
(6) The design permit for special-purpose installations related to national defence and security shall be issued by the Minister of Defence or by the Minister of Interior within seven days after receipt of the application.

Section II
Clearance and Approval of Development-Project Designs

Article 141. (1) (Amended, SG No. 65/2003) A conceptual development- project design shall be subject to clearance with the Chief Architect of the municipality.
(2) (Amended, SG No. 65/2003) Any conceptual development project design for construction works financed in whole or in part with executive budget resources shall be considered by the administrative-regional expert board or by the National Expert Board. The decisions of the expert board shall be mandatory for the participants in construction.
(3) (Amended, SG No. 65/2003) Clearance of a conceptual development- project design may be refused solely on grounds of legal non-conformity.
(4) (Amended, SG No. 65/2003) Conceptual development-project designs for special-purpose installations related to national defence and security shall be subject to expert examination by the specialized expert board referred to in Article 3 (3) herein.
(5) (New, SG No. 65/2003) Conceptual development-project designs for special-purpose installations related to national defence and security shall be cleared with the Minister of Defence or with the Minister of Interior, as the case may be, after consideration of the design by the specialized expert board referred to in Article 3 (3) herein.
(6) (Renumbered from Paragraph (5), SG No. 65/2003) Any conceptual development-project design for physical-infrastructure projects of a scope and importance extending beyond a single municipality shall be cleared with the Regional Governor after the said design is adopted by the administrative-regional expert board, and any such designs for projects of a scope and importance extending beyond a single administrative region and for projects of national importance shall be cleared with the Minister of Regional Development and Public Works after adoption of the design by the National Expert Board.
(7) (New, SG No. 61/2007) Any conceptual development-project design for immovable cultural property and for construction works within the boundaries and protection zones of such property shall be cleared with the National Institute of Monuments of Culture under the terms and according to the procedure established by Article 125 (5) herein.
(8) (Renumbered from Paragraph (6), SG No. 65/2003, supplemented, SG No. 65/2004, renumbered from Paragraph (7), SG No. 61/2007) Clearance of a conceptual design shall be effected within one month after receipt of a written request, and in the cases referred to in Article 142 (2) herein, within seven days.
(9) (Renumbered from Paragraph (7), SG No. 65/2003, renumbered from Paragraph (8), SG No. 61/2007) Clearance of a conceptual design shall be grounds to proceed with the designing in the succeeding phases.
Article 142. (Amended, SG No. 65/2003) (1) Development-project designs shall be subject to clearance approval and shall be grounds for issuance of a building permit.
(2) A development-project design may be grounds for issuance of a building permit if an advance assessment has been performed in respect of the said design as to conformity with the projections of the detailed plan, with the spatial-development rules and standard specifications, with the requirements to construction works according to the statutory instruments as to functionality, vehicular traffic accessibility, environmental protection and health protection, as well as to the harmony between the separate parts of the design, and has been approved by the authority under Article 145 herein. In such cases, the approved conceptual design shall furthermore serve for the award of a construction work under the Public Procurement Act. The succeeding design phases shall be approved while construction is in progress prior to performance of the relevant building and erection works and shall be subject to assessment according to the requirements covered under Paragraph (5).
(3) Regarding elements of transport technical infrastructure it shall be permitted that the technical or development-project design be considered by the expert board simultaneously with the acceptance of the parcelling plan, the building permit being issued after the plan comes into force.
(4) All parts of investment-project designs that are grounds for the issue of a building permit shall be assessed regarding their accordance with the essential requirements to construction.
(5) Any such assessment shall comprehend examination for conformity with:
1. the projections of the detailed plan;
2. the spatial-development rules and standard specifications;
3. the requirements under Article 169 (1) herein;
4. the harmony between the parts of the design;
5. the completeness and the structural conformity of the engineering calculations;
6. the requirements as to the mechanism, safe operation and technical surveillance of high-risk facilities, if the project contains any such facilities;
7. the specific requirements to particular types of construction works according to a statutory instrument, if the project contains any such construction works.
(6) Conformity shall be assessed:
1. through adoption by an expert board of the approving administration;
2. as an integrated report compiled by a licensed consulting firm not connected with the designer, which shall be mandatory in respect of Category One and Two projects and optional, at the discretion of the contracting authority, in respect of any lower category projects;
3. (repealed, SG No. 65/2004);
4. (repealed, SG No. 65/2004).
(7) Apart from issuance of a building permit, an approved schematic design may furthermore serve for the award of a construction work under the Public Procurement Act.
(8) Conformity assessment of the structural part of development project designs in the phases of schematic and working design shall be performed under a separate contract with the contracting authority by natural persons exercising technical control over the structural part, included in a list prepared and updated annually by the Chamber of Development-Project Design Engineers, which shall be promulgated in the State Gazette.
Article 143. (Amended, SG No. 65/2003) (1) Development-project designs shall be cleared and approved on the basis of a submission of:
1. assessment of the conformity of the design plans and specifications with the essential requirements to the construction work;
2. (amended, SG No. 82/2006) a favourable opinion by the fire safety and protection of population authorities, applicable to Category One and Two construction works;
3. tentative agreements with the utility companies for coupling with the physical-infrastructure networks.
4. (new, SG No. 77/2005) opinion of the Minister of Environment and Water for the construction of sites, the building of which requires a permit pursuant to Article 104 (1) of the Environment Protection Act.
5. (new, SG No. 61/2007) clearance with the National Institute of Monuments of Culture under the terms and according to the procedure established by Article 125 (5) herein, applicable to immovable cultural property and to construction works within the boundaries and protection zones thereof.
(2) Fees for clearance and approval of development-project designs shall be paid under the Stamp Duty Act and the Local Taxes and Fees Act.
(3) (Repealed, SG No. 65/2004).
Article 144. (Amended, SG No. 65/2003) (1) Any development project designs, which serve as grounds for the issuance of a building permit, shall be approved acting on a written application by the contracting authority and after submission of:
1. documentary proofs of title and, applicable to buildings of housing development cooperatives, an effective resolution of the general meeting on adoption of the design;
2. (supplemented, SG No. 61/2007) a design permit, in the cases referred to in Article 12 (3), Article 41 (2), Articles 50, 51, 58, 59, Article 133 (6) and Article 134 (6) herein;
3. three copies of the development-project design of a scope and contents specified in the ordinance referred to in Article 139 (5) herein;
4. (amended, SG No. 77/2005) the administrative acts which, depending on the type and scope of construction, are required as a prerequisite for permission of construction pursuant to the Environment Protection Act or a special law;
5. (amended, SG No. 65/2004) a conformity assessment prepared according to the procedure established by Article 142 (6) herein.
6. (new, SG No. 65/2006) a permit to build a groundwater extraction facility and/or to extract groundwater, and/or to discharge waste water, issued according to the procedure and the in the cases, for which respective provisions are made in the Water Act.
(2) The conditions for use of water for drinking, manufacturing and fire-protection purposes, for release of waste water, for use of electric power, for communication links, for heat supply and for gas supply shall be ensured by the organizations providing public services, under the terms and according to the procedure established by special statutes.
(3) Development-project designs shall be approved or approval shall be refused by the authority under Article 145 herein:
1. (amended, SG No. 65/2004) where conformity has been assessed under Item 2 of Article 142 (6) herein: within seven days after submission of any such designs;
2. (amended, SG No. 65/2004) where conformity has been assessed under Item 1 of Article 142 (6) herein: within one month after submission of any such designs.
Article 145. (1) (Amended, SG No. 65/2003) Schematic or working development-project designs shall be cleared with and approved by the Chief Architect of the municipality (or ward). Clearance of development-project designs shall consist in examination of the conformity of the said designs with the projections of the detailed plan and with the building-development rules and standard specifications.
(2) (Supplemented, SG No. 65/2003) Schematic and working development-project designs for physical-infrastructure projects of a scope and importance extending beyond a single municipality shall be approved by the Regional Governor, and such designs for projects of a scope and importance extending beyond a single administrative region and for projects of national importance shall be approved by the Minister of Regional Development and Public Works. Schematic and working development-project designs for special-purpose installations related to national defence and security shall be cleared with and approved by the Minister of Defence or the Minister of Interior, as the case may be.
(3) (Supplemented, SG No. 65/2003) All parts of the approved development-project designs shall be stamped with the seal of the municipal administration, the administrative-regional administration, or the Ministry of Regional Development and Public Works, and in respect of special-purpose installations related to national defence and security, with the seal of the Ministry of Defence or of the Ministry of Interior, as the case may be.
(4) (Amended, SG No. 65/2003) Should the contracting authority fail to request the grant of a building permit within one year after approval of the development-project designs, the design shall lose legal effect.
(5) (Supplemented, SG No. 65/2003) Where the approved development- project designs where from the construction work has been executed have been lost, the said designs shall be restored by the owner through a survey development-project design of the performed construction work and submission of documents referred to in Items 1, 2, 3 and 5 of Article 144 (1) and in Article 144 (2) herein. Any such survey design shall be approved by the authority competent to approve the development-project design for the construction work, upon submission of the building permit or of other documents comprehended in the construction file as issued.
Article 146. (Amended and supplemented, SG No. 65/2003, amended, SG No. 61/2007) Approval of a development-project design may be denied solely on grounds of legal non-conformity, citing a specific reasoning. The contracting authority shall be notified in writing according to the procedure established by the Administrative Procedure Code of a refusal to approve a development- project design. Any such refusal shall be appealable before the authority referred to in Article 216 (2) herein within fourteen days after communication of the issuance of the said refusal.
Article 147. (1) (Supplemented, SG No. 65/2003) Approval of development-design project shall not be required for the issuance of a building permit for:
1. (amended, SG No. 65/2003) farm structures intended for agricultural purpose and the accessory-development construction works covered under Article 44 and under Article 46 (1) herein, save as otherwise provided by a Municipal Council resolution;
2. (amended and supplemented, SG No. 65/2003) installation of utility-service systems, facilities and fixtures, with the exception of high-risk equipment subject to technical surveillance by the Directorate General of State Technical Supervision Inspectorate;
3. greenhouses of a floor space not exceeding 200 square metres;
4. pools of a cubic content not exceeding 100 cubic metres in fenced lots;
5. retaining walls of a height not exceeding 2 metres above the level of the ground adjoining the base thereof, where not a component of transport projects;
6. (amended, SG No. 65/2003) repair of physical-infrastructure elements;
7. fences, garden and park furnishings of a height not exceeding 2. 20 metres above the adjoining ground;
8. excavations and embankments of a depth or height not exceeding 1 metre and of an area not exceeding 30 square metres;
9. pneumatic (air-supported) warehouses or covers of a floor space not exceeding 100 square metres;
10. (amended, SG No. 65/2003) the construction works covered under Article 55 herein;
11. (amended, SG No. 65/2003, supplemented, SG No. 65/2004, repealed, SG No. 61/2007);
12. glazing of balconies and loggias, with the exception of such facing the primary street network;
13. (repealed, SG No. 65/2003).
(2) (Amended, SG No. 65/2003, SG No. 61/2007) An opinion of a structural engineer with directions for execution shall be presented in respect of any construction work referred to in Items 1, 3, 5, 7 and 12 of Paragraph (1).
(3) (New, SG No. 61/2007) The provisions of Paragraph (1) shall not apply to immovable cultural property and to any works within the boundaries and protection zones thereof.

Section III
Construction Authorization

Article 148. (1) Construction works may be performed solely if authorized according to this Act.
(2) A building permit shall be issued by the Chief Architect of the municipality, and in the cities subdivided into wards, subject to a Municipal Council resolution, by the Chief Architect of the ward.
(3) (Supplemented, SG No. 65/2003) A building permit for physical-infrastructure projects of a scope and importance extending beyond a single municipality shall be issued by the Regional Governor, and such a permit for projects of a scope and importance extending beyond a single administrative region and for projects of national importance shall be issued by the Minister of Regional Development and Public Works. A building permit for special-purpose installations related to national defence and security shall be issued by the Minister of Defence or by the Minister of Interior, as the case may be.
(4) (Amended, SG No. 65/2003, supplemented, SG No. 61/2007) A building permit shall be issued to the contracting authority on the basis of an approved schematic or working development-project design, where such shall be required. It shall be permissible to issue a building permit on the basis of an approved conceptual design referred to in Article 142 (2) herein. Any such building permit shall be issued simultaneously with the approval of the development-project design, where so requested in the application. A building permit for works within protected cultural and historical heritage areas 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. A building permit shall be issued within seven days after receipt of a written application, where there is an approved development- project design.
(5) A building permit for a co-owned property shall be issued in compliance with the terms and the procedure established by Article 183 herein.
(6) In an emergency, building permits for geohazards protection projects may be issued, as an exception, on the basis of partial working designs.
(7) A building permit for a new construction work within a corporeal immovable wherein an illegal construction work exists shall not be issued to the person who or which has performed the illegal construction work until the said project is removed or legalized.
(8) The approved development-project design, where such shall be required, shall constitute an integral part of the building permit.
(9) A building permit shall record all grounds of fact and law for the issuance thereof, the terms and conditions for execution of the construction work, including utilization of the humus layer of earth and removal of buildings without building-development mode or preservation of such buildings within a specified period of time until completion of the construction work.
(10) In cases where water supply of the projects from an own water source is projected, a building permit shall be issued in compliance with the provisions of the Water Act.
(11) (New, SG No. 65/2006) The building permit shall be issued according to the bans under Article 118a, Paragraph 1, Item 4, and Article 125a of the Water Act, and the requirements under Article 125 of the same act.
(12) (New, SG No. 61/2007) The municipal amenity-planting authorities shall prepare written statements ascertaining the tree vegetation prior to commencement and after completion of the construction. The building permit shall be issued after the issuance of a permit to remove the tree vegetation affected by the construction under terms and according to a procedure established by Article 62 (10) herein.
Article 149. (Amended, SG No. 65/2003) (1) (Amended, SG No. 61/2007) Any building permit, issued by the Chief Architect of the municipality (or borough), or any refusal to issue such a permit shall be communicated to the interested parties under the terms and according to the procedure established by the Administrative Procedure Code. Issuance may be denied solely on grounds of legal non-conformity, citing a specific reasoning.
(2) Interested parties for the purposes of Paragraph (1) shall be:
1. in the cases of a new construction work, extending or heightening of a pre-existing construction work: the contracting authority, the owners and the holders of limited real rights to the lot, the person enjoying a right to build in another's property by virtue of a special statute;
2. in the cases of remodelling and alteration of the intended purpose of a pre-existing project: the persons referred to in Article 38 (3) and (4) and Article 39 (2) herein;
3. in the cases referred to in Article 185 (1) and (2) herein: the owners and the holders of limited real rights in the building, or the owners in the condominium project, as the case may be.
(3) A building permit, together with the approved development project design, or a refusal to issue such a permit shall be appealable by the interested parties as to legal conformity before the Chief of the Regional Office of the National Construction Control Directorate within fourteen days after communication of the issuance of the respective act.
(4) Any building permit issued together with the development project designs approved by the Minister of Regional Development and Public Works or by a Regional Governor, or any refusal to issue such a design (sic, must be permit) shall be communicated to interested parties by means of a notice promulgated in the State Gazette. Any such building permit or any refusal to issue such a permit, as the case may be, shall be appealable before the Supreme Administrative Court within fourteen days after the promulgation thereof.
(5) The authorities issuing building permits shall notify in writing the competent Regional Offices of the National Construction Control Directorate of any building permits issued thereby and shall transmit copies of any such permits within seven days after issuance.
Article 150. (1) (Amended, SG No. 65/2003) Acting on a reasoned request by the contracting authority, the municipality mayor, the Regional Governor or the Minister of Regional Development and Public Works, as the case may be, each acting within the competence vested therein, may authorize the preparation of an integrated development-initiative design.
(2) An integrated development-initiative design shall consist of the following self-contained constituent parts:
1. a draft detailed plan, including a working spatial development plan, where such shall be necessary;
2. (amended, SG No. 65/2003) a development-project design.
(3) (Amended, SG No. 65/2003) The parts of an integrated development-initiative design shall be approved simultaneously with the issuance of a building permit and shall be communicated according to the procedure established by Article 130 herein.
(4) (Amended, SG No. 65/2003) A 30 per cent surcharge fee shall be due separately for approval of the parts of an integrated development-initiative design referred to in Paragraph (3) and for issuance of a building permit.
(5) The term of validity of an integrated development initiative design shall be two years reckoned from the date of issuance of the last building permit act, unless the effect of the said design be suspended by the court or for another compelling reason.
Article 151. (1) (Amended, SG No. 65/2003, Previous Article 151, SG No. 61/2007) No building permit shall be required for:
1. exterior and interior painting of buildings and structures;
2. replacement of roof covering materials;
3. interior remodellings whereby:
(a) the structure of the building is not affected;
(b) existing walls are not removed, relocated or breached, where any such action shall affect the structure of the building;
(c) the intended purpose of the premises and the loads therein are not altered;
4. routine repair of buildings, structures, facilities and utility- service systems;
5. routine repair of the physical-infrastructure elements covered under Article 64 (1) herein, whereby the route and the technical parameters are not altered;
6. routine repair of roads, whereby the structure of the roadway is not altered;
7. monuments, tomb stones and crosses of a height not exceeding 3 metres;
8. (supplemented, SG No. 65/2004, repealed, SG No. 61/2007).
(2) (New, SG No. 61/2007) In works which are monuments of culture, the activities covered under Paragraph (1) shall be performed 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 152. (1) A building permit shall be issued for the entire construction work.
(2) A building permit may furthermore be issued for separate stages (parts)of construction works which may be executed and used independently and, in respect of residential buildings, for separate stories of a building, subject to the condition that space arrangement and facade arrangement be completed at each construction phase.
Article 153. (1) (Amended, SG No. 65/2003) In the cases where approval of a development-project design is not required, a building permit shall be issued solely on the basis of the request for a permit and a documentary proof of title, of a created building right, or of a right to build in another's property by virtue of a special statute. Any such building permit shall state the types of building and erection works to be executed. In respect of structures and facilities covered under Article 147 (1) herein, a ground plat indicating building-development lines, separations and heights shall be attached to the building permit.
(2) A building permit shall lose legal effect unless construction has commenced within three years after the issuance of the said permit or unless the rough construction work, including the roof of the building, has been completed within five years after the issuance of the said permit. Any such failure shall be ascertained in writing by the authority issuing the building permit.
(3) Construction works in respect of which the building permit has lost legal effect within the meaning given by Paragraph (2) may be implemented after re-certification of the building permit. Unless the building permit is re-certified within one year, the approved design shall lose legal effect.
(4) Upon re-certification of a building permit in the cases under Paragraphs (2) and (3), 50 per cent of the fee provided for according to the standard procedure shall be charged.
Article 154. (Amended, SG No. 65/2003) (1) Upon change of the development-project intention after the issuance of a building permit, solely immaterial deviations from the approved development project design shall be permissible.
(2) Material deviations from the approved development-project design shall be any deviations which:
1. conflict with the projections of the effective detailed plan;
2. conflict with the requirements for construction in special planning-protection areas or in preventive planning-protection mode areas;
3. are incompatible with the intended purpose of the spatial development area;
4. conflict with the construction rules and standard specifications, the technical, technological, sanitation, hygiene and fire-protection requirements;
5. alter the building structure and the type of the structural elements and/or loads;
6. conflict with the projections of the design, altering the intended purpose of works, removing or altering materially common parts of the construction work;
7. alter the type and location of shared wiring and plumbing systems and fixtures in buildings and structures;
8. alter the type, elevation, location and route of transmission and delivery lines and facilities to urbanized territories and of physical-infrastructure public networks and facilities and of the waste-treatment installations and facilities.
(3) Immaterial deviations from the approved development-project design shall be any deviations other than those covered under Paragraph (2).
(4) After issuance of a building permit, any modifications of the approved development-project design within the scope of the material deviations referred to in Items 1, 2, 3 and 4 of Paragraph (2) shall be impermissible.
(5) After issuance of a building permit, any modifications of the approved development-project design within the scope of the material deviations referred to in Items 5, 6, 7 and 8 of Paragraph (2) shall be admitted at a request of the contracting authority accompanied by a notarized consent of the interested parties covered under Article 149 (2) herein on the basis of an approved development-project design attached to the building permit as issued. Any such modifications shall be recorded in the building permit as issued by means of a note and shall be admitted prior to the implementation thereof.
Article 155. (1) The original of the building permit shall be submitted into the indefinite custody of the records of the municipal administration (or ward administration).
(2) In respect of any physical-infrastructure project referred to in Article 148 (3) herein, the original of the building permit shall be submitted into the custody of the issuing authority, and copies of the said building permit shall be transmitted for observance and custody to the competent municipal administration (or ward administration).
(3) A certified copy of the approved development-project (executive) design shall be attached to the building permit.
Article 156. (1) (Amended, SG No. 65/2003) Building permits as issued, together with the approved development-project designs, as well as building partners in the cases where approval of development-project designs is not required, may be revoked solely on grounds of legal non-conformity, acting on an appeal lodged by the interested party within the time limit referred to in Article 149 (3) herein or upon self-initiated examination by the authorities of the National Construction Control Directorate within seven days after notification of the said authorities according to the procedure established by Article 149 (5) herein. Any effective building permits shall be irrevocable.
(2) (Repealed, SG No. 65/2003).
(3) (Repealed, SG No. 65/2003).

PART THREE
CONSTRUCTION
Chapter Nine
COMMENCEMENT OF CONSTRUCTION AND RELATIONSHIPS IN CONSTRUCTION
PROCESS
Section I

Construction Site Opening and Building Line and Elevation Marking
Article 157. (1) (Supplemented, SG No. 65/2003) Construction shall be deemed commenced conforming to the building permit as issued as from the day of drawing up of a memorandum on the opening of a construction site and on marking of a building line and elevation or, where no such memorandum is required, as from the date of certification of the order record book.
(2) (Amended, SG No. 65/2003, supplemented, SG No. 103/2005, SG No. 108/2006, effective 3.01.2008) The opening of a construction site and the marking of a building line and elevation shall be performed if there is an effective building permit and in the presence of officials under Article 223 (2) herein by the person exercising construction supervision in respect of the work or by the site manager in respect of Category Five construction works, and, in respect of special-purpose installations related to national defence and security, by the Minister of Defence or by the Minister of Interior, as the case may be, or by persons authorized thereby. Opening of a building site, definition of the building frontal line and level and legalization of the order book shall be carried out after the Assigning Party has presented a contract for the construction of the project by a builder entered in the Central Register of Professional Builders, unless the project is of a category for which entry of the builder in the register is not required.
(3) (Repealed, SG No. 65/2003).
(4) A memorandum shall be drawn up on the opening of the construction site and on the marking of the building line and elevation, indicating the regulation benchmarks and the datum levels. Any such memorandum shall record the measures to ensure occupational health and safety, traffic safety, and preservation of adjacent buildings, pre-existing buildings, networks and facilities in the property, which shall be preserved in the course of construction and thereafter, as well as the large-sized tree vegetation which is not subject to removal.
(5) (Supplemented, SG No. 65/2003, amended and supplemented, SG No. 76/2005) Absent a technically feasible alternative, parts of pavements, public open spaces, as well as parts of roadways may be used temporarily as construction sites under terms and according to a procedure established by a Municipal Council ordinance and by the development-project design. Construction sites shall be fenced off by means of temporary fences at the direction of the municipal administration (or ward administration), and signs stating the authorized construction work with data about the developer, the person exercising construction supervision and other relevant information shall be placed.
Article 158. (1) (Amended, SG No. 65/2003) The memorandum on the opening of a construction site and on marking of a building line and elevation shall be submitted into the indefinite custody of the records of the administration which has issued the building permit. A transcript of the said memorandum shall remain in the custody of the contracting authority or of the person exercising construction supervision.
(2) (Amended, SG No. 65/2003, SG No. 103/2005) Within three days after the drafting of the memorandum referred to in Paragraph (1) or, where no such memorandum is required, prior to commencement of the construction, the person exercising construction supervision, or the site manager for fifth category construction sites, shall submit the order record book of the construction work to the authority which has issued the building permit for certification and shall notify in writing within seven days following certification the municipality, the specialised control authorities and the Regional Construction Control Directorate. In the cases where the building permit has been issued by the Regional Governor or by the Minister of Regional Development and Public Works, the order record book shall be certified by the National Construction Control Directorate. In respect of special-purpose installations related to national defence and security, the order record book shall be certified by officials designated by the Minister of Defence or by the Minister of Interior, as the case may be.
Article 159. (Amended, SG No. 65/2003) (1) Upon reaching the design elevations of footing course, base course, coping (eaves) course and ridge course in respect of buildings (respectively, at footing course elevation, prior to covering any newly constructed or remodelled underground lines and facilities with backfill and for survey in the selective maps and registers, design levelling with restored or executed surfacing), the person exercising construction supervision, or the site manager of Category Five construction works, shall be obligated, prior to authorizing execution of the succeeding building and erection works, to conduct an examination and to ascertain the conformity of the construction work with the development-project designs as approved, the building permit and the memorandum on the marking of a building line and elevation, with the geological engineer who performed the subsurface investigation and the designer of the structural part being mandatorily present at footing course elevation.
(2) The person exercising construction supervision, or the site manager of Category Five construction works, shall record the result of the examination conduction upon reaching the elevations controlled in the memorandum on the marking of a building line and elevation, noting inter alia that the underground lines and facilities were recorded in the selective maps and registers before being covered with backfill, and shall transmit a certified copy of the said memorandum to the municipality (or ward) within three days.
(3) Within three days after completion of the building and erection works on the foundations of the construction work, an official of the municipal administration (or ward administration), acting at the request of the person exercising construction supervision, or of the site manager of Category Five construction works, shall conduct an examination to ascertain the conformity of the construction work with the construction file as issued and as to whether the detailed plan has been applied in respect of the building development.
(4) Should the examination of the design elevations reached ascertain any material deviations from the construction file, the person exercising construction supervision shall suspend the construction by an order which the said person shall enter into the record order book of the construction work and shall draft a memorandum on the deviations ascertained which the said person and shall transmit to the Regional Office of the National Construction Control Directorate within three days.
(5) In respect of special-purpose installations related to national defence and security, the actions covered under Paragraph (1) to (4) shall be performed by persons designated by the Minister of Defence or by the Minister of Interior, as the case may be.

Section II
Participants in Construction and Relationships between Them

Article 160. (Amended, SG No. 43/2002 and SG No. 65/2003) (1) "Participants in the construction process" shall be the contracting authority, the developer, the designer, the consultant, the natural person exercising construction supervision over the structural part, the site manager and the supplier of machinery, plant and process equipment.
(2) The relationships of the participants in construction shall be regulated by written contracts.
(3) To ensure the normal functioning and use of completed construction projects and to remedy latent defects after acceptance and commissioning (commencement of use) of any such projects, minimum warranty periods for executed building and erection works, facilities and construction projects shall be fixed by an ordinance of the Minister of Regional Development and Public Works.
(4) The warranty periods for executed building and erection works, facilities and construction projects shall be fixed by the contract between the contracting authority and the contractor for the relevant construction project. Any such periods may not be shorter than the minimum periods fixed by the ordinance referred to in Paragraph (3).
(5) The warranty periods shall begin to run as from the day of commissioning of the construction project.
Article 161. (1) (Amended, SG No. 65/2003) "Contracting authority" shall be the owner of the property, the person in favour whereof a right to build in another's property has been created, or the person enjoying a right to build in another's property by virtue of a special statute. The contracting authority or a person thereby authorized shall ensure everything necessary for the commencement of construction.
(2) (Repealed, SG No. 65/2003).
Article 162. (Amended, SG No. 65/2003) (1) "Designer" shall be a natural or a legal person whereof the members include natural persons possessing the requisite licensed designer qualifications.
(2) The terms and a procedure for exercise of designer supervision in the course of construction shall be established by a contract between the contracting authority and the designer. Designer supervision over the structural part shall be mandatory for all construction works of Category One to Category Five inclusive.
(3) The prescriptions of the designer, related to the copyright thereof, as to strict compliance with the development-project design as thereby prepared, shall be entered into the order record book and shall be mandatory for the remaining participants in construction.
(4) (Repealed, SG No. 103/2005).
Article 163. (Amended, SG No. 65/2003) (1) "Developer" shall be a natural person a legal person whereof the members include natural persons possessing the requisite licensed technical qualifications.
(2) The developer shall be responsible for:
1. execution of the construction work in accordance with the construction file as issued and with the requirements of Article 169 (1) herein, as well as with the rules for execution of building and erection works and of the measures for protection of human life and health on the construction site;
2. execution of the building and erection works employing materials, manufactures, products and other such conforming to the essential requirements to construction works;
3. custody of the executive documents and the preparation thereof, where this is assigned by the contracting authority, as well as custody of the other technical documents on execution of the construction work;
4. custody and submission, upon request, to a control authority of the construction file and the order record book of the construction work referred to in Article 170 (3) herein.
(3) The developer shall incur pecuniary liability for any detriment inflicted and lost profit sustained through a culpable act or omission thereof.
(4) The developer may subcontract the performance of particular types of building and erection works or of parts (stages) of the construction work.
Article 163a. (New, SG No. 65/2003) (1) (New, SG No. 108/2006) The builder shall be obliged to appoint technically qualified persons under labour contracts to carry out the technical supervision of the construction works.
(2) (New, SG No. 108/2006) Technically qualified persons shall be considered to be those who hold a diploma issued by an accredited higher education establishment with the qualification "construction engineer", "engineer" or "architect", as well as persons who have completed high school education with a four-year training course and professional qualifications acquired in the fields of "architecture and construction" and "engineering technology".
(3) (New, SG No. 108/2006) Apart from the cases stipulated in para. 2, technical qualifications may be recognized of a foreign person under conditions of mutuality established for each particular case when he or she holds a diploma legalized in accordance with the relevant procedures and when he or she meets the requirements set out in this act.
(4) (Renumbered from Paragraph 1 and supplemented, SG No. 108/2006) "Site manager" shall be a civil engineer or a civil engineering assistant who shall direct the building works. Other technically qualified persons under para. 2 may perform specialized technical supervision of specific construction and assembly works in accordance with their specialization and level of education and qualifications.
(5) (Renumbered from Paragraph 2, SG No. 108/2006) Where the construction work is executed by the contracting authority, the said contracting authority shall be obligated to make arrangements for a site manager. In such a case, the site manager shall incur liability for compliance with the requirements covered under Article 163 (2) herein.
Article 164. (Repealed, SG No. 65/2003).
Article 165. (Amended, SG No. 65/2003) The contracting authority may commission the supply and installation of the process equipment and utility-service system equipment of the construction work to a supplier. Any such supplier shall be responsible for the quality and prompt execution of the said supply and installation, as well as for the related acceptance trials.
(Section III Construction Supervision)
(Heading repealed, SG No. 65/2003)
Article 166. (Amended, SG No. 20/2003 and SG No. 65/2003) (1) On the basis of a written contract with the contracting authority, the consultant:
1. shall perform conformity assessment of the development project designs and/or shall exercise construction supervision;
2. may conduct pre-development studies, preparation of the design process and coordination of the construction process until commissioning of the construction work.
(2) The Minister of Regional Development and Public Works shall issue a licence for practice of the activity referred to in Item 1 of Paragraph (1) under terms and according to a procedure established by a Council of Ministers ordinance.
(3) The consultant may not conclude a construction supervision contract for any construction works in respect of which the said consultant or any natural persons hired thereby under an employment relationship are developers and/or suppliers of machinery, plant and process equipment, as well as persons connected therewith within the meaning given by the Commerce Act.
(4) The consultant may not conclude a contract for conformity assessment of the design for any construction works in respect of which the said consultant or any natural persons hired thereby under an employment relationship are designers and/or developers, and/or suppliers of machinery, plant and process equipment, as well as persons connected therewith within the meaning given by the Commercial Code.
(5) A fee shall be paid for the issuance of a licence referred to in Paragraph (1) according to a rate schedule adopted by the Council of Ministers.
(6) In respect of any special-purpose installations of the Ministry of Defence and the Ministry of Interior, whereon the information constitutes a state secret within the meaning given by the Classified Information Protection Act, the conformity assessment shall be performed by experts appointed by an order of the competent minister.
Article 167. (Amended, SG No. 20/2003 and SG No. 65/2003) (1) Eligibility for the issuance of a licence for practice of the activities referred to in Item 1 of Article 166 (1) herein shall be limited to persons who or which are merchants within the meaning given by the Commerce Act and who or which satisfy the following requirements:
1. no bankruptcy adjudication proceedings must be pending against them;
2. the members of the management bodies of the legal persons and the sole traders, as well as the natural persons hired thereby under a contract of employment or another contract, must be qualified experts holding the educational qualification degree of Master, conferred thereon upon graduation from a higher educational establishment, have at least five years' length of service in a relevant position, and during the last preceding three years have not committed and/or have not suffered another to commit any systematic violations under this Act and the statutory instruments on the application thereof, and must not have been sentenced to deprivation of liberty for an offence at public law, unless rehabilitated;
3. they have not committed and/or suffered another to commit any systematic violations under this Act and the statutory instruments on the application thereof.
(2) A licence shall be issued for a term of validity of five years and shall be entered in a public register with the Ministry of Regional Development and Public Works. To obtain a licence, the (eligible) legal person or sole trader shall submit an application completed in a standard form as approved by the Minister of Regional Development and Public Works, attaching thereto:
1. (amended, SG No. 34/2006) certificate reflecting current status of commercial registration;
2. (amended, SG No. 105/2005) certificate under Article 87, (6) of the Tax and Social Insurance Procedure Code;
3. a list of the technically qualified natural persons where through the activities of conformity assessment of the designs and/or construction supervision are practised, with proof of the professional experience of the said persons and of the five years' length of service, as well as other individual documents certifying the technical competences and abilities to practise the activities referred to in Item 1 of Article 166 (1) herein;
4. proof of professional experience and of five years' length of service of the members of the management bodies of the legal person or the sole trader;
5. certificates issued by the Regional Offices of the National Construction Control Directorate, showing that the members of the management bodies of the legal person or the sole trader, as well as the natural persons where through the activities referred to in Item 1 of Article 166 (1) herein are to be practised, have not suffered another to commit, nor have committed themselves, any systematic violations under this Act and the statutory instruments on the application thereof;
6. a conviction status certificate: applicable to natural persons.
(3) A licence shall be issued or refused within three months after submission of an application.
(4) A licence may be revoked prior to the expiration of the term of validity thereof at the request of the licence holder upon presentation of evidence that there are no unconsummated contracts for any licensed activities, as well as upon dissolution of the legal person or of the enterprise of the sole trader, or where:
1. the authorities of the National Construction Control Directorate revoke as legally non-conforming more than three directions, recommendations or orders issued by the person exercising construction supervision in respect of each particular project;
2. more than three instances of omission have been ascertained in the performance of the construction supervision duties in respect of each particular project;
3. a pecuniary penalty has been imposed by an effective penalty decree on the legal person or sole trader for systematic violations under this Act or the statutory instruments on the application thereof;
4. a fine has been imposed by an effective penalty decree on more than three occasions within a single year on the natural persons who practise the activities thereof on (behalf) and for the account of the licensed legal person or sole trader;
5. any of the grounds which have served for issuance of the licence is eliminated.
(5) Any licence or refusal to issue a licence, as well as any withdrawal of a licence, shall be appealable before the Supreme Administrative Court within fourteen days after communication.
Article 168. (1) (Amended, SG No. 65/2003) The person exercising construction supervision shall be responsible for:
1. legally conforming commencement of the construction work;
2. completeness and correct drafting of the statements and memoranda in the course of construction;
3. execution of the construction works in conformity with the development-project designs as approved and the requirements under Article 169 (1) and (2) herein;
4. (amended, SG No. 65/2003, No. 76/2005) compliance with the conditions for occupational safety in construction;
5. preclusion of damage to third parties and properties as a consequence of the construction;
6. (amended, SG No. 65/2003) commissionability of the construction work;
7. (new, SG No. 65/2003) accessibility of the construction work to persons with disabilities;
8. (new, SG No. 65/2003) energy efficiency evaluation.
(2) (new, SG No. 65/2003) Construction supervision shall be exercised by a consultant in respect of Category One to Four construction works.
(3) (Renumbered from Paragraph (2), SG No. 65/2003) The person exercising construction supervision shall sign all certificates and memoranda in the course of construction as shall be necessary for assessment of the construction works in respect of requirements as to safety and legally conforming execution, according to an ordinance of the Minister of Regional Development and Public Works regarding the statements and memoranda drawn up in the course of construction.
(4) (Renumbered from Paragraph (3), amended and supplemented, SG No. 65/2003) The prescriptions and orders of the person exercising construction supervision, as entered in the order record book, shall be mandatory for the developer, building contractor and site manager of the construction work. Any objections to the prescriptions of the person exercising construction supervision may be lodged within three days before the authorities of the National Construction Control Directorate, and construction shall be suspended until pronouncement by the said authorities. After examination, the authorities of the National Construction Control Directorate shall issue mandatory directions.
(5) (Renumbered from Paragraph (4) and amended, SG No. 65/2003) Upon violation of the technical rules and standard specifications, the person exercising construction supervision shall be obligated to notify the Regional Office of the National Construction Control Directorate within three days after ascertainment of any such violation.
(6) (Repealed, renumbered from Paragraph (5) and amended, SG No. 65/2003) Upon completion of building and erection works, the person exercising construction supervision shall prepare a final report to the contracting authority.
(7) (Amended, SG No. 65/2003) The persons exercising construction supervision shall incur liability for any detriment inflicted thereby on the contracting authority and the other participants in construction, and solidary liability with the developer for any detriment inflicted through non-observance of technical rules and standard specifications and of the designs as approved. The period of liability under the construction supervision contract shall be at least as long as the warranty periods in construction.

Section III
(Renumbered from Section IV, SG No. 65/2003)
Requirements to Construction works

Article 169. (Amended and supplemented, SG No. 65/2003, amended SG No. 76/2006) (1) Construction works shall be designed, executed and maintained in accordance with the requirements of the statutory instruments and technical specifications as to provide within an economically feasible term of operation all material requirements for:
1. bearing capacity - mechanical resistance, stability and durability of building structures and of the foundation bed under service and earthquake loads;
2. fire safety;
3. hygiene, protection of human health and life;
4. operational safety;
5. noise protection and protection of the environment;
6. energy efficiency - energy savings and heat preservation;
(2) (Amended, SG No. 61/2007) Construction works shall be designed, executed, and maintained in conformity with the requirements for environment accessible to the general public, including persons with disabilities, established by an ordinance of the Minister of Regional Development and Public Works. The heads of the central executive authorities and the municipality mayors shall elaborate annually programmes of measures to bring the urbanized area and the existing buildings and facilities therein into conformity with the requirements for accessible environment and shall project resources for the implementation of the said measures.
(3) Construction works shall be designed, executed, and maintained in conformity with the statutory requirements for:
1. preservation of all protected areas, protected territories, and other protected sites and immovable monuments of culture;
2. engineering and technical rules on disaster and emergency safety;
3. physical protection of the construction works.
(4) The Minister of Regional Development and Public Works, jointly with the competent ministers, shall issue ordinances to define any requirements under Paragraphs (1) and (2), and Items (1) and (3) of Paragraph (3), related to construction works design, execution, control, and commissioning, construction durability, land base stability, as well as any other safety requirements, taking into account any impact from geographic, climatic, and seismic factors.
(5) The Council of Ministers shall adopt an ordinance for construction works disaster and emergency safety engineering and technical rules after proposal by the Minister of Disaster Management Policy.
(6) (New, SG No. 61/2007) Annually, the Council of Ministers and the municipal councils shall adopt the programmes referred to in Paragraph (2) and shall exercise control over the implementation thereof.
Article 169a. (New, SG No. 76/2006) (1) Construction works shall use only construction products, compliant with all material requirements towards construction works, and meeting the technical specifications, defined by the Technical Requirements Towards Products Act.
(2) The Council of Ministers shall adopt an ordinance to define the procedure for issuance of permits for evaluation of construction product compliance with the technical specifications under Paragraph (1) and a permit to issue Bulgarian technical approvals after proposal by the Minister of Regional Development and Public Works.
(3) The ordinance under Paragraph (2) shall define the compliance evaluation and Bulgarian technical approval issuance procedure, as well as the procedure to use construction products, compliant with the technical specifications under Paragraph (1), in construction works.
(4) A fee for the issuance of permits under Paragraph (2) shall be charged, based on a schedule adopted by the Council of Ministers.
(5) All persons, holding permits to perform activities under Paragraph (2), shall:
1. submit to the Minister of Regional Development and Public Works an annual report, containing information on all product compliance evaluations performed, for all Bulgarian technical approvals issued, for all claims submitted, and for all actions taken to resolve them.
2. inform the Minister of Regional Development and Public Works within 7 days of any change in legal status, structure, personnel, scope of activity, subcontractor change, if any subcontractors are being used, as well as of all changes of conditions under Article 10, Paragraph 1, Item 6 of the Technical Requirements Towards Products Act.
(6) The Minister of Regional Development and Public Works or officials authorised thereby, shall exercise control over the activity of the persons, holding permit to evaluate construction product compliance or to issue European or Bulgarian technical approvals.
Article 169b. (New, SG No. 76/2006) All control of construction products under Article (169a), Paragraph (1) shall be exercised by the consultant when performing investment project evaluation, and exercising construction supervision.
(2) All administrative control over construction products under Article 169a, Paragraph 1 in the design and construction phases shall be exercised by the authorities under Articles 220 - 223.
Article 170. (1) (Amended, SG No. 65/2003) All circumstances related to a construction work, including but not limited to delivery and acceptance of the construction site, building and erection works subject to closure, and intermediate and conclusive statements of acceptance and delivery of building and erection works, shall be documented by the representatives of the parties to the contracts as concluded.
(2) (Supplemented, SG No. 65/2003) Upon refusal or failure (of a party) to report for the drafting of a joint statement, the interested party shall extend an invitation in writing to the other party or parties to a drafting of the statement. Should a representative of the party invited fail to report within twenty four hours after the time limit established in the invitation, the said party shall be substituted by the authority which has issued the building permit or by an official authorized thereby.
(3) (Amended and supplemented, SG No. 65/2003) All prescriptions related to the execution of a construction work, as issued by the duly empowered persons and the specialized control authorities, shall be entered in the order record book of the construction work which shall be kept at the construction work.

Chapter Ten
INSURANCE IN DESIGN AND CONSTRUCTION

Article 171. (Amended, SG No. 65/2003) (1) (Supplemented, SG No. 103/2005) The designer, the person commissioned with technical control on "Constructive" part, the consultant, the builder and the person exercising construction supervision shall be insured against professional liability for any detriment inflicted on the other participants in construction and/or third parties as a result of wrongful acts or omissions in the course of, or in connection with, the performance of their duties.
(2) The terms and a procedure for compulsory insurance of the persons covered under Paragraph (2), including the insurance cover, the risks excluded, the minimum amounts of insurance, and the insurance premiums, shall be established by an act of the Council of Ministers.
Article 172. (Amended, SG No. 65/2003) (1) The insurances referred to in Article 171 herein shall be contracted for a period of one year and shall cover the liability of the insured on written claims presented within the term of validity of the contract of insurance for:
1. any wrongful acts or omissions of the insured in the course of, or in connection with, the performance of the duties thereof, performed within the term of validity of the contract;
2. any wrongful acts or omissions of the insured in the course of, or in connection with, the performance of the duties thereof, performed within a period commencing on the retroactive date and ending upon conclusion of the contract; in such a case, the insurer shall not be liable for any loss as have occurred prior to the conclusion of the contract of insurance.
(2) "Retroactive date" within the meaning given by Paragraph (1) shall be the date of commencement of practice of a person covered under Article 171 herein. In respect of the persons who have practised for a period exceeding five years, the retroactive date shall be five years prior to conclusion of the contract of insurance.
(3) The contract of insurance shall be concluded by the persons covered under Article 171 herein within fifteen days after commencement of the professional practice thereof.
(4) The insurance shall be renewed annually without interruption until the person practises the respective activity.
(5) Upon discontinuance of an activity subject to compulsory insurance, the person covered under Article 171 herein shall be obligated to contract an additional insurance covering a period of five years succeeding the discontinuance of the activity, in case the loss-inflicting act was performed after the retroactive date referred to in Paragraph (2).
Article 173. (Amended, SG No. 65/2003) (1) A separate insurance may be agreed between the participants in construction covering the liabilities thereof for a specific work.
(2) The contracting authority may require that the contractor contract an additional insurance covering damage to property sustained by the construction work, the materials, the mechanical equipment for construction and the furnishings of the construction site which has arisen in the course of construction, if paid by the contracting authority or owned thereby.
Article 174. (Amended, SG No. 65/2003) (1) The state bodies and the contracting authority may require from the persons covered under Article 171 herein proof of the existence and validity of a contract of insurance (copies of insurance policies and documentary proof of insurance premiums paid). Any such documents shall be submitted within seven days after being requested in writing.
(2) Should the contracting authority ascertain non-fulfilment of the obligation to contract and maintain an insurance by the persons covered under Article 171 herein, the said contracting authority may suspend all payments due thereby to the said persons.

Chapter Eleven
COMPLETION OF CONSTRUCTION. USE PERMIT

Article 175. (Amended, SG No. 65/2003) (1) Upon actual completion of a construction work, executive documents shall be prepared by the contractor or by a person designated by the contracting authority, showing the immaterial deviations from the cleared designs.
(2) The executive documents shall contain a complete set of drawings on the actually performed building and erection works. The said documents shall be certified by the contracting authority, the developer, the person who has exercised designer supervision, by the natural person exercising technical control over the structural part, and by the person who has effected the construction supervision. Delivery shall be certified by a seal affixed by the relevant administration to all graphics and textual materials. The executive documents shall constitute an integral part of the construction file as issued.
(3) Upon ascertainment of material deviations from the construction file as issued, the authority who has approved the designs shall be obligated:
1. to take the actions referred to in Article 223 (3) herein: in the cases referred to in Items 5 to 8 of Article 154 (2) herein;
2. to direct the drafting of a statement of ascertainment and to notify the authorities of the National Construction Control Directorate: in the cases referred to in Items 1 to 4 of Article 154 (2) herein.
(4) Where the construction work has been executed in conformity with the development-project designs as approved, no executive documents shall be delivered.
(5) The complete set of executive documents shall be submitted into the indefinite custody of the authority which has issued the building permit and, and, a specified portion of the said documentation as required, to the Geodesy, Cartography, and Cadastre Agency as well.
Article 176. (1) (Amended, SG No. 65/2003) Upon completion of a construction work, the contracting authority, the designer, the developer and the person exercising construction supervision shall draft a statement of ascertainment certifying that the construction work has been executed in conformity with the development-project designs as approved, the executive documents as certified, the requirements to construction works covered under Article 169 (1) herein, and the terms and conditions of the contract as concluded. Memoranda on successfully conducted single trial runs of machinery and plant shall furthermore be attached to any such statement. Delivery of the construction work by the developer to the contracting authority shall furthermore be performed by the said statement.
(2) In respect of construction works intended for manufacture and other specific purposes, depending on the stipulations in the contract, completion of construction shall be proved additionally through conduct of successful acceptance trials.
(3) Where construction is performed by multiple developers, each one of them shall be obligated to conduct the trials of the portion of the construction work thereof upon completion of the construction of the said portion.
(4) (Amended, SG No. 65/2003) In the cases where the trials fail, construction shall not be deemed to be completed and the contracting authority shall enjoy the rights covered under Article 265 of the Obligations and Contracts Act.
(5) Should individual parts of a construction work be used separately, the building contract may provide that the trials of any such parts be conducted prior to the final completion of the entire project.
Article 176a. (New, SG No. 76/2006) (1) (Supplemented, SG No. 79/2006) A technical passport for the construction works shall be prepared after the completion of any new construction, as well as after reconstruction, general renovation, major repairs, or existing construction remodelling. Technical passports shall not be issued for the construction works referred to in Chapter Three, Sections VII and VIII.
(2) The technical passport of the construction works shall define all terms to perform any major or current repairs to the construction works, and shall contain data on all certificates issued for the construction works, required by other statutory instruments.
(3) The technical passport of the construction works shall list all performed reconstructions, major repairs and remodelling, the construction works features compliance with the requirements of all effective statutory instruments and documents, as well as all measures necessary for their improvement.
(4) The technical passport of the construction works shall be issued in two original copies - one for the contracting authority and one for the building permit issuing authority, and when the building permit has been issued by an authority under Article 5, Paragraph 7, a copy of the technical passport of the construction works shall be also submitted to the authority under Article 5, Paragraph 5. The contracting authority shall submit a notarized copy of the technical passport of the construction works to the Geodesy, Cartography, and Cadastre Agency.
(5) Authorities under Article 5, Paragraphs 5 and 7 shall maintain an archive of all technical passports issued, and shall maintain a registry thereof.
(6) The Minister of Regional Development and Public Works shall issue an ordinance, defining the scope and content of technical passports, as well as the procedure for the preparation, submission, registration, and storage thereof.
Article 176b (New, SG No. 76/2006) (1) The technical passport of new construction works shall be prepared by the person exercising construction supervision, or by the technical manager - for all Category 5 construction works, before commissioning it by the competent authority.
(2) The technical passport of existing construction works shall be prepared after inspection of the construction works to identify its features, related to the requirements under Article 169, Paragraphs 1 - 3, by the persons performing the inspection.
Article 176c. (New, SG No. 76/2006) (1) Inspection of construction works shall be performed by a consultant, holding a licence issued by the Minister of Regional Development and Public Works, according to the procedure under Article 166, Paragraph 2, or by designers in various fields with full licensed designer qualifications.
(2) When the inspection is performed by a consultant, it shall include natural persons, exercising technical control on the "Structural" part and included in a list prepared by the Chamber of Engineers in Investment Design, promulgated in State Gazette.
(3) When the inspection is performed by designers, they shall include natural persons, exercising technical control on the "Structural" part, as well as designers in various fields with full licensed designer qualifications to evaluate the other construction works features under Article 169, Paragraphs 1 - 3.
(4) The energy efficiency inspection shall be part of the general inspection of the construction works and shall be performed by natural or legal persons, meeting the requirements, defined in the Energy Efficiency Act.
(5) The procedure to perform the construction works inspection shall be defined by the ordinance under Article 176a, Paragraph 6.
Article 177. (Amended, SG No. 65/2003) (1) Upon completion of a construction work and finalization of the acceptance trials, where any such shall be necessary, the contracting authority shall register the commissioning of the work with the authority which has issued the building permit, submitting the final report referred to in Article 168 (6) herein, the contracts with the utility companies for coupling with the physical-infrastructure networks, and a document issued by the Geodesy, Cartography, and Cadastre Agency, to the effect that the requirement established under Article 175 (5) herein has been complied with.
(2) Category One, Two and Three construction works shall be commissioned on the basis of a use permit issued by the authorities of the National Construction Control Directorate under terms and according to a procedure established by an ordinance of the Minister of Regional Development and Public Works.
(3) Within seven days after receipt of a request, the authority which has issued the building permit, having satisfied itself that the documents have been submitted in a complete set, shall register the commissioning of the construction work and shall issue a commissioning certificate.
(4) Where a technological period of time is required for verification of attainment of the design parameters under service conditions, the contracting authority may register the bringing of the construction work into preliminary operation.
(5) The on-site plumbing and wiring systems and fixtures of a construction work shall be connected to the physical infrastructure public networks and facilities on the basis of a contract with the competent utility companies.
(6) In respect of special-purpose installations related to national defence and security, the use permit for the construction work shall be issued by the Minister of Defence or by the Minister of Interior, as the case may be.
Article 178. (Amended, SG No. 65/2003) (1) It shall be prohibited to use any construction work or part thereof prior to the commissioning of the said project or part by the competent authority referred to in Article 177 herein.
(2) Category Six construction works shall not be subject to commissioning.
(3) Construction works shall not be commissioned where:
1. (supplemented, SG No. 61/2007) the actions projected in the vertical levelling part have not been performed and amenity planting has not been implemented under the design as approved;
2. any existing buildings and structures, which are not included in the building-development mode, have not been removed even though projected for removal in the design permit as issued;
3. the facades of the buildings and structures have not been completed conforming to the development-project design as approved.
4. (new, SG No. 103/2005) the spatial-renewal action on the construction of streets, roads or lanes pursuant to Article 69 has not been effected in resorts, holiday villages, golf courses, aqua parks and other territories for recreational activity, linking the site with the street or road network and providing access to respective lot.
(4) It shall be prohibited to use a construction work or any parts thereof for a purpose other than intended or in breach of the conditions for commissioning.
(5) Upon any violation under Paragraphs (1) and (4), the Chief of the National Construction Control Directorate or an official authorized thereby, acting on the basis of a drafted statement of ascertainment, shall prohibit, by a reasoned order, the use of the construction works affected and shall direct the vacation thereof, a disconnection of the supply of the said projects with electricity, heat, running water, telephone communications etc. Any such direction shall be mandatory for the service providers and shall be complied with forthwith.
(6) Upon any violation under Paragraphs (1) and (4) at special purpose installations related to national defence and security, the Minister of Defence or the Minister of Interior, as the case may be, shall prohibit, by a reasoned order, the habitation or use, as the case may be, of the construction works and shall direct the performance of the actions as shall be necessary for bringing the said construction works into conformity with the use permit as issued and the rest of the construction file.
(7) After elimination of the reasons which have prompted the prohibition and after payment of the fines and fees due, the commissioning of the construction works shall be permitted or certified by the authorities referred to in Article 177 herein.
Article 179. (Amended, SG No. 65/2003, repealed, SG No. 61/2007).
Article 179a. (New, SG No. 106/2006, repealed, SG No. 61/2007).

PART FOUR
REGIME AND LIMITATION OF REAL RIGHTS. CONDEMNATION AND
INDEMNIFICATION
Chapter Twelve
CREATION AND TRANSFER OF BUILDING RIGHTS

Article 180. (Amended, SG No. 65/2003) A right to build on a lot shall be created in accordance with an effective spatial development plan or design permit as issued by the Chief Architect of the municipality (or ward) where so provided for by the law.
Article 181. (1) The right to construct a building or a part thereof may not be subject to a transfer transaction as from the time of creation of the said right and until completion of the rough construction work on the building.
(2) (Amended, SG No. 65/2003) Upon completion of the rough construction work on any building, as ascertained by a memorandum of the municipal administration (or ward administration), the building as constructed or any self-contained parts thereof may be subject to a transfer transaction.
Article 182. (1) (Previous Article 182, SG No. 65/2003) The right to perform construction works on another's regulated lot, as well as construction works beneath the surface of the ground, shall vest in any persons in favour of whom a building right or a right to heighten or extend a pre-existing building has been created.
(2) (New, SG No. 65/2003, supplemented, SG No. 107/2003) The right to perform a construction work on another's lot and a construction work beneath the surface of the ground shall furthermore vest in any persons in favour of whom an order has been issued under Article 193 (3) and (4) herein or a servitude has been established under Article 64 and § 26 of the Transitional and Final Provisions of the Energy Act. Any such persons shall be issued a building permit under Article 148 herein.
Article 183. (Amended, SG No. 65/2003) (1) A mew construction work, or heightening or extending on a co-owned regulated lot may be performed by one or several co-owners on the basis of a notarized contract with the rest of the co-owners.
(2) Heightening or extending of a condominium-project building shall be permitted on the basis of a notarized contract with the owner of the regulated lot for creation of a heightening or extending right and a declaration of consent bearing the notarized signatures of all condominium owners.
(3) Where the State or a municipality is co-owner of a regulated lot, the contracts referred to in Paragraphs (1) and (2) shall be concluded in writing. Where the State or a municipality is owner of a property in a condominium-project building, the consent referred to in Paragraph (2) shall be in writing. The terms and a procedure for conclusion of contracts by the State and the municipalities under Paragraphs (1) and (2), as well as for granting consent under Paragraph (2), shall be established by the Regulations for Application of the State Property Act and by the ordinance referred to in Article 8 (2) of the Municipal Property Act, respectively.
Article 184. (Repealed, SG No. 65/2003).
Article 185. (1) No consent from the rest of the condominium owners shall be required upon redevelopment of own works, premises or parts thereof where:
1. the intended purpose thereof is not altered;
2. common premises and surface areas or parts thereof are not taken, and the intended purpose of any such premises and areas is not altered;
3. the common parts of the building are not altered significantly;
4. on-site wiring and plumbing systems are connected to public networks running through or next to the partition wall or through utility premises along a single vertical axis;
5. a new wiring and/or plumbing system is laid through a common part which does not affect premises of individual owners;
6. (new, SG No. 65/2004) the intended purpose of projects situated in non-residential buildings.
7. (new, SG No. 103/2005) the redevelopment is effected under the conditions of Article 38, Paragraphs (5) and (6).
(2) In cases other than such covered under Paragraph (1), there shall be required a resolution by the general meeting of owners, passed according to the established procedure, and an express written consent of all owners whereof the properties adjoin the work and, where common parts are taken, the consent of all owners expressed by means of notarized signatures.
(3) (New, SG No. 65/2003) Where the remodelling design projects the incorporation of a common part in a condominium-project building into a self-contained work within the condominium project or the creation of a self-contained work out of a common part of a condominium-project building, a notarized contract for transfer of ownership shall be concluded with the rest of the condominium owners. A building permit shall be issued on the basis of the design as approved and of the said contract.
(4) (New, SG No. 65/2003) The State and the municipalities shall conclude contracts under Paragraph (3) under terms and according to a procedure established by the Regulations for Application of the State Property Act and by the ordinance referred to in Article 8 (2) of the Municipal Property Act, respectively.
(5) (Renumbered from Paragraph (3), SG No. 65/2003) A remodelling under Paragraphs (1) and (2) shall be permissible solely if no other technical solution is feasible and if the said remodelling conforms to the architectural, building, engineering, sanitation, hygiene and fire-protection rules and standard specifications and is executed in a manner most favourable for the property affected.
(6) (Renumbered from Paragraph (4), SG No. 65/2003) In the cases under Paragraphs (1) and (2), the owner of the remodelled premises shall be obligated to repair all damages caused in connection with the building works, and Article 210 herein shall apply.
(7) (New, SG No. 65/2003) Any remodelling referred to in Paragraph (3) shall be recorded in the cadastre, and the contracts referred to in Paragraphs (3) and (4) shall be entered in the property register.
Article 186. (Amended, SG No. 65/2003) (1) Any alteration of existing shared wiring and plumbing systems or laying of new wiring and plumbing systems in co-owned buildings or in condominium-project buildings shall require the express written consent of all co-owners or all condominium owners, as the case may be.
(2) Installation of a central-heating or gas-supply system in a co-owned building or in a condominium-project building shall require the express written consent of not fewer than two-thirds of all owners.
Article 187. (Repealed, SG No. 65/2003, new, SG No. 61/2007) (1) Extensions and links to the pavement of the adjoining street, such as pedestrian passageways, colonnades and arcades facilitating pedestrian access in the depth of the block or along the length of the street, may be projected at the ground level of buildings in a medium high-rise or high-rise attached building-development mode by detailed plans in parts of regulated lots sited along the outer record lines.
(2) The works referred to in Paragraph (1) may not exceed 30 per cent of the floor area of the buildings.
(3) The owners of regulated lots and buildings may not impede or restrict the mass pedestrian access to the works referred to in Paragraph (1).
(4) Works referred to in Paragraph (1) may alternatively be projected through modification of the effective detailed plans according to the procedure established by Article 135 (5) herein.
(5) The owners of regulated lots and buildings referred to in Paragraph (1) shall be paid a lump-sum compensation by the municipality according to the procedure established by Article 210 herein.
Article 188. (Repealed, SG No. 65/2003, new, SG No. 61/2007) (1) Building development under and over streets and other open spaces may be projected by detailed plans.
(2) The owners of construction works under or over streets and other open spaces shall be obligated to afford a possibility for unimpeded operation and maintenance of the works referred to in Paragraph (1) and of the appertaining physical infrastructure. The construction works may not result in deterioration of the conditions for use or building development of the works referred to in Paragraph (1).
(3) Construction works under a street and other open spaces shall be linked to one or more of the blocks bounded by the street by means of passageways in regulated lots, buildings or in the adjoining pavement area, which are part of the street regulation plan. The construction works shall be plotted in the cadastre with an identifier and shall be entered in the property register on a separate property record.
(4) Construction works under a street and other open spaces may be linked to opposite non-residential buildings.
(5) Construction works under a street or other open spaces which are owned by the municipality or by the State shall be performed on the basis of a building right created according to the procedure established by the Municipal Property Act or by the State Property Act.
Article 189. (Repealed, SG No. 65/2003, new, SG No. 61/2007) (1) Specific detailed plans may project subterranean construction of transport physical infrastructure and the appertaining elements constituting property of the State or of the municipalities, which are not linked to the lots located on the surface and any semi-subterranean and above-ground construction works.
(2) Interested parties under the said plans shall be the owners and the holders of limited rights in rem to lots and semi-subterranean and above- ground construction works sited immediately above the subterranean construction works referred to in Paragraph (1).
(3) The subterranean construction works referred to in Paragraph (1) may not result in deterioration of the conditions for use or building development of the lots on the surface.
(4) The owners and holders of limited rights in rem to any lots and semi-subterranean and above-ground construction works sited immediately above the subterranean construction works referred to in Paragraph (1) shall be paid a lump-sum compensation by the owner of the subterranean construction work according to the procedure established by Article 210 herein prior to commencement of construction.

Chapter Thirteen
SERVICE ROADS. PASSAGE THROUGH OTHER PERSONS' LOTS AND AFFORDING
ACCESS. REMOVAL OF CONSTRUCTION WORKS
Section I
Service Roads

Article 190. (1) Where, according to a detailed plan, certain regulated lots front solely on newly designed streets, the municipality may build service roads prior to the opening of the said streets providing access to the relevant properties.
(2) Where necessary, service roads may be built in regulated parts of nucleated and dispersed settlements in respect whereof a new detailed plan will be created, as well as in yet unregulated parts incorporated into a master plan.
(3) Service roads must, as far as possible, follow the layout of the new streets according to the detailed plan or, respectively, of the streets according to the draft plan or according to investigation as conducted. The service roads shall be built in such a manner as shall not affect pre-existing buildings and structures, or perennial ornamental trees.
(4) Ownership of the parts of lots occupied by service roads shall subsist. Service roads shall be used until the opening of the new streets according to the detailed plan.
(5) Absent a technically feasible alternative, service roads shall furthermore be built to provide access to legally authorized construction works outside urbanized-area boundaries until grant of a use permit for the said projects, together with the permanent roads therefor provided.
(6) (Supplemented, SG No. 103/2005) Service roads shall be built on the basis of a written agreement between interested owners of lots with notarized signatures and, in the case of absence of agreement - on the basis of an order of the municipality mayor.
(7) Emergency access routes shall be built on the basis of an order issued by the competent authorities as designated by an express statute.
Article 191. (1) Compensation of title holders for the detriment caused by the building of service roads shall be for the account of the owners of the lots which shall be accessed thereby.
(2) Compensation for the parts of lots used for service roads shall be determined for the relevant year and shall be paid in equal monthly instalments. instalments Compensation for any improvements destroyed in connection with service roads shall be paid in cash prior to the taking of the lots.
(3) Compensation for emergency access routes shall follow the procedure established by an express statute.
(4) (Amended, SG No. 65/2003) The amount of compensation shall be determined according to the procedure established by Article 210 herein.

Section II
Right of Passage through Other Persons' Lots. Laying of Network
and Facility Branches through Other Persons' Corporeal Immovables

Article 192. (Amended, SG No. 65/2003) (1) A right of passage through another's lot shall be created by a written contract bearing notarized signatures.
(2) Where no agreement has been reached among the owners of the lots and another economically feasible technical solution is apparently unavailable, the right of passage through another's lot shall be created by an order of the municipality mayor.
(3) The right of passage through state-owned or municipal-owned lots shall be created where another economically feasible technical solution is apparently unavailable, by an order of the Regional Governor or by order of the municipality mayor, as the case may be.
(4) The right of passage may not result in deterioration of the conditions for building development of the lots, in hindrance of the established manner of durable use of the lots, or in affecting authorized construction works or existing buildings, save as where so expressly agreed between the owners in the contract referred to in Paragraph (1).
(5) Deterioration of the conditions for building development and use of state-owned or municipal-owned lots upon creation of a right of passage to other properties shall be permissible as an exception, absent a technically feasible alternative or where another economically feasible technical solution is apparently unavailable, by permission of the Minister of Regional Development and Public Works in respect of state-owned lots or by permission of the Municipal Council in respect of municipal-owned lots.
(6) The price of the right of passage referred to in Paragraphs (2) and (3)shall be fixed according to the procedure established by Article 210 herein and shall be paid prior to the issuance of the orders referred to in Paragraphs (2) and (3).
(7) Any contract referred to in Paragraph (1) and any order referred to in Paragraph (2) shall be entered into the property register on the record of the lot constituting the dominant estate and on the record of the lot constituting the servient estate in respect of the right of passage as created.
(8) Any order referred to in Paragraph (3) shall be entered into the property register on the record of the lot constituting the dominant estate, on the record of the state-owned or municipal owned lot constituting the servient estate in respect of the right of passage as created, and on the state or municipal property registration certificate.
Article 193. (Amended, SG No. 65/2003) (1) A right to lay branches from physical-infrastructure public networks and facilities through other persons' lots shall be created by a written contract bearing notarized signatures.
(2) Any contract referred to in Paragraph (1) shall confer on one contracting party a right to construct and acquire ownership of the branch from the physical-infrastructure public network in the lot owned by the other contracting party.
(3) Where no agreement has been reached among the owners of the lots and another economically feasible technical solution is apparently unavailable, the right of laying shall be created by an order of the municipality mayor.
(4) The right to lay branches from physical-infrastructure public networks and facilities through state-owned or municipal owned lots shall be created where another economically feasible technical solution is apparently unavailable, by an order of the Regional Governor or by order of the municipality mayor, as the case may be.
(5) The right to lay branches from physical-infrastructure public networks and facilities may not result in deterioration of the conditions for building development of the lots, in hindrance of the established manner of durable use of the lots, or in affecting authorized construction works or existing buildings, save as where so expressly agreed between the owners in the contract referred to in Paragraph (1).
(6) Deterioration of the conditions for building development and use of state-owned or municipal-owned lots by reason of laying of branches from physical-infrastructure public networks and facilities to other lots shall be permissible as an exception, absent a technically feasible alternative or where another economically feasible technical solution is apparently unavailable, by permission of the Minister of Regional Development and Public Works in respect of state-owned lots or by permission of the Municipal Council in respect of municipal-owned lots.
(7) A building permit for the branches from physical infrastructure public networks and facilities shall be issued by the holder of the right created under Paragraphs (1), (3) and (4).
(8) The price of the right created under Paragraphs (3) and (4) shall be fixed according to the procedure established by Article 210 herein and shall be paid prior to the issuance of the orders referred to in Paragraphs (3) and (4).
(9) Any contract referred to in Paragraph (1) and any order referred to in Paragraph (3) shall be entered into the property register on the record of the lot constituting the dominant estate and on the record of the lot constituting the servient estate in respect of the right to lay branches from the physical infrastructure public networks and facilities as created.
(10) Any order referred to in Paragraph (4) shall be entered into the property register on the record of the lot constituting the dominant estate, on the record of the state-owned or municipal owned lot constituting the servient estate in respect of the right to lay branches from the physical-infrastructure public networks and facilities as created, and on the state or municipal property registration certificate.
(11) In case of disaster, accident or catastrophe, branches from physical-infrastructure public networks and facilities to specified projects through other persons' corporeal immovables may be laid temporarily, until mitigation of the effects of the disaster, accident or catastrophe, on the basis of an order issued by competent authorities as designated by a special statute A building permit shall not be issued in any such case.
(12) The owners of the properties affected shall be compensated for any detriment sustained under Paragraph (11) immediately after the disaster, accident or catastrophe is brought under control under the terms and according to the procedure established by a special statute.
Article 194. (1) The owners and occupants of any corporeal immovables shall be obligated to afford unimpeded access thereto for the conduct of licensed or prescribed investigation, design, building, erection, control and other works in connection with spatial development, on the basis of an order by the municipality mayor and, where so prescribed by the law, from an order of the Chief of the National Construction Control Directorate.
(2) The owners of corporeal immovables shall be obligated to afford unimpeded access thereto for conduct of disaster, accident and catastrophe response and recovery operations and implementation of projects for comprehensive protection against geologic hazards (landslide containment, stream-bank and seashore stabilization, and other drainage and consolidation works). Operations and projects will be executed in a manner unaffecting the principal-development works. Access shall be afforded by an order of the authorities referred to in Paragraph (1), except as otherwise provided in a special statute.
(3) Upon failure to fulfil the obligations under Paragraph (1) and (2), the owners shall be compelled to afford access to the relevant corporeal immovables according to an administrative procedure and, where necessary, with police assistance.
(4) Upon completion of the works covered under Paragraph (1) and (2), the person whereto access has been afforded shall be obligated to repair forthwith all damages caused to the corporeal immovable in connection with the execution of the works. Should any such damages be irreparable, the title holders shall be indemnified for the detriment sustained.
(5) The amount of compensation shall be determined according to the procedure established by Article 210 herein and shall be paid within one month after the effective date of the appraisal.

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