Section III
Removal of Unusable or Unsafe Construction Works

Article 195. (Amended, SG No. 28/2005, SG No. 94/2005, SG No. 61/2007) (1) The owners of construction works shall be obligated to maintain the said works in a technical condition conforming to the essential requirements covered under Article 169 (1) to (3) herein, not to perform and not to tolerate the performance of any alterations in the said works that lead or may lead to a deterioration of the design elevations in accordance with the requirements for the entire construction work or for particular characteristics thereof.
(2) The owners of any corporeal immovables which are monuments of culture shall be obligated to exercise due care for the protection, conservation and maintenance in good condition of the said monuments in conformity with the provisions of the Monuments of Culture and Museums Act and of this Act.
(3) Upon any accidents or other circumstances exposing any work referred to in Paragraph (1) or (2) to a risk of damage or destruction, the owner of the work shall be obligated to undertake immediate action for the prevention of the said circumstances or for elimination of the damage caused and restoration of the work, and to notify the municipality. In respect of the works referred to in Paragraph (2), the owner shall notify the National Institute of Monuments of Culture as well.
(4) In case any work referred to in Paragraph (1) or (2) is not maintained in good condition, as well as upon occurrence of the circumstances referred to in Paragraph (3), the competent municipality mayor shall issue an order thereby obligating the owner to perform, within a specified time limit, the repair and restoration activities required for repair or reinforcement.
(5) The competent municipality mayor may issue an order obligating the owners of any works referred to in Paragraph (1) or (2) to remove, transform or repair any fences, parking garages, subordinate, farm and temporary structures, cesspools, sewer facilities and plantation of an inappropriate location, siting, type or materials, as well as to perform the works as shall be necessary in the interest of security, traffic safety, health care, hygiene, aesthetic appropriateness, sanitation, and the peace, quiet, comfort and repose of persons.
(6) The competent municipality mayor shall issue an order on the removal of any construction works which, owing to natural wear or other circumstances, pose a health and life hazard to citizens, are unusable, present a risk of spontaneous collapse, create conditions for the occurrence of a fire or are harmful in terms of sanitation and hygiene and cannot be repaired or reinforced.
(7) The owners of any works covered under Paragraph (1) or (2) shall incur pecuniary liability for any detriment inflicted and lost profit sustained through culpable acts or omissions thereof, as a result of which an accident has occurred at the construction work which has led to damage to property or injury to third parties and properties.
Article 196. (Amended, SG No. 61/2007) (1) The condition of construction works and the requisite repair and restoration activities, as well as the circumstances covered under Article 195 (6) herein, shall be ascertained by a memorandum by a commission appointed by the competent municipality mayor. In respect of any corporeal immovables which are monuments of culture, the said commission shall mandatorily include representatives of the National Institute of Monuments of Culture.
(2) The commission shall act proprio motu or at the request of the interested parties, gathering all information as shall be necessary about the type and condition of the construction work and hearing the interested parties. On the basis of the findings recorded in the memorandum, the commission shall propose to the [competent] municipality mayor that the construction work be repaired, reinforced or removed.
(3) Construction works shall be repaired, reinforced or removed by the owners for their own account within a time limit set in the order of the municipality mayor referred to in Article 195 (4), (5) or (6) herein. Where the construction work poses an immediate hazard to human health or life, the municipality mayor shall authorize anticipatory execution of the order.
(4) The order referred to in Paragraph (3) shall be communicated to the interested parties and shall be appealable according to the procedure established by Article 215 herein.
(5) Where the order referred to in Paragraph (3) authorizes anticipatory execution or where the said order has not been complied with within the time limit set, the construction work shall be repaired, reinforced or removed by the municipality according to a procedure established by a Municipal Council ordinance. A mortgage on the corporeal immovable shall be recorded in favour of the municipality in such case.
(6) On the basis of the effective order referred to in Paragraph (3) and a memorandum of expenditures incurred, a writ of execution in favour of the municipality shall be issued for recovery of the claim according to the procedure established by Littera (j) of Article 237 of the Code of Civil Procedure.
(7) The owners of construction works shall be obligated to afford access for performance of the activities defined in the order of the municipality mayor. If the owners refuse to afford such access, the access shall be ensured coercively with the cooperation of the police.
Article 197. (1) (Amended, SG No. 28/2005, SG No. 94/2005, SG No. 61/2007) In cases other than such covered under this Section, an owner may remove a legal construction work thereof after notifying the municipal administration (or borough administration) and the Geodesy, Cartography, and Cadastre Agency and, where the construction work constitutes a cultural and historical heritage site, after clearance with the National Institute of Monuments of Culture under the terms and according to the procedure established by Article 125 (5) herein.
(2) Depending on the type of construction work, the complexity and nature of the removal, the Chief Architect of the municipality (or ward) may give mandatory technical prescriptions.

Chapter Fourteen
BAN ON CONSTRUCTION

Article 198. (1) A ban on construction may be imposed by an order of the municipality mayor for the duration of the time as shall be necessary for:
1. creation of master plans and detailed plans;
2. conduct of investigation for physical-infrastructure underground networks and facilities and for construction of such networks and facilities.
(2) A ban on construction may be imposed on a single occasion for a period not exceeding two years. Any such ban on construction may be re- imposed by an order of the Minister of Regional Development and Public Works for a period not exceeding one year.
(3) The Minister of Regional Development and Public Works may impose a ban on construction for the purpose of identifying the overall stability of the ground in landslide-hazard areas for a period not exceeding two years, and, in connection with the performance of work to remove and eliminate geologichazards, until implementation of the said work.
(4) A ban on construction shall suspend action for the application of the effective master plans and detailed plans in respect of the spatial-development areas concerned.

Chapter Fifteen
STATE AND MUNICIPAL RIGHT OF FIRST REFUSAL

Article 199. (1) The State and the municipality shall have the right of first refusal to purchase a corporeal immovable where, according to a detailed plan, the said property is projected for construction of a work constituting public state or public municipal property before the said corporeal immovable is sold to any third parties who or which are not co-owners.
(2) An owner may sell a corporeal immovable referred to in Paragraph (1) or any parts thereof to a third party solely after offering the said property for purchase first to the State or to the municipality, depending on the projections of the detailed plan, and submitting a written refusal to a notary. Any such refusal shall specify the terms and conditions whereupon the purchase was offered. The terms and procedure established by Article 33 of the Ownership Act shall apply in such a case.

Chapter Sixteen
TECHNICAL REQUIREMENTS AS TO ACQUISITION AND PARTITION OF
CORPOREAL IMMOVABLES

Article 200. (1) Physically defined parts of lots situate within nucleated-settlement or dispersed-settlement limits may be acquired through legal transactions or through acquisitive prescription solely where the requirements as to the minimum size established by Article 19 herein have been complied with.
(2) The rule of Paragraph (1) shall not apply where the part of the lot is incorporated into an adjoining property under the terms established by Article 17 herein and the remainder satisfies the requirements of Article 19 herein or is incorporated into another adjoining property.
(3) (Repealed, SG No. 36/2004).
Article 201. (Amended, SG No. 65/2003) (1) In a judicial partition of a regulated lot for the purpose of formation of new regulated lots, the court shall approach the municipal administration (or ward administration) for an opinion as to the divisibility of the property.
(2) A regulated lot shall be indivisible where it shall be impossible to prepare a design for the division of the said lot into two or more parts without creating a legally impermissible siting of existing buildings or of authorized construction works and without creating regulated lots whereof the frontage and surface area are less than the minimum requirements established by statute for the building-development character and manner determined by the building-development plan of the lot to be partitioned.
(3) (Amended, SG No. 28/2005, SG No. 94/2005, SG No. 61/2007) Where the regulated lot is divisible, the Chief Architect of the municipality (or borough) shall order, by a reasoned prescription addressed to the parties, the preparation of a draft modification of the effective regulation plan. Any order modifying the regulation plan shall enter into effect according to the procedure established by Article 15 (6) herein and shall be applied after the entry into effect of the judgment of court on partition. Advance clearance with the National Institute of Monuments of Culture under the terms and according to the procedure established by Article 125 (5) herein shall be required in respect of any regulated lots which enjoy the status of cultural and historical heritage sites.
(4) Should the regulated lot be indivisible, the Chief Architect shall transmit an opinion thereof to the court within fourteen days after receipt at the municipality of the request of the court under Paragraph (1).
(5) The court shall consider the opinion of the Chief Architect referred to in Paragraph (4). Should the court determine that the said opinion is unfounded and that the impediments to division of the regulated lot, covered under Paragraph (2), do not exist, the court shall issue a ruling giving mandatory directions for modification of the regulation plan according to the procedure established by Paragraph (3).
Article 202. A voluntary partition of a co-owned building, dwelling unit or another work, as well as any legal transactions for the transfer of physically defined parts of such properties, may be performed solely where the defined interests or parts conform to expressly approved development-project designs, with the exception of the works referred to in Item 1 of Article 147 (1) herein. This conformity shall be attested by the municipal administration (or ward administration).
Article 203. (1) A judicial partition of a co-owned building, dwelling unit or another work shall be performed solely where the respective parts may become self-contained works without significant remodelling and without causing inconvenience greater than the customary one, in compliance with building rules and standard specifications. The Chief Architect of the municipality (or ward), acting on a motion by the court and within a time limit established by the court, shall approve a development-project design or shall issue a reasoned refusal. Where technically feasible as proven by a development-project design, multiple alternate options of a partition shall furthermore be approved.
(2) Any approval of the designs or any denial referred to in Paragraph (1) shall be appealable as to legal conformity before the court which is hearing the case of partition in the same proceeding.
Article 204. Copies of the effective detailed plans referred to in Articles 200 and 201 herein and of the approved development project designs referred to in Articles 202 and 203 herein shall be transmitted to the Geodesy, Cartography, and Cadastre Agency under terms and according to a procedure established according to the Cadastre and Property Register Act.

Chapter Seventeen
INDEMNIFICATION UPON CONDEMNATION OF CORPOREAL IMMOVABLES FOR
CONSTRUCTION OF PROJECTS CONSTITUTING PUBLIC STATE AND PUBLIC
MUNICIPAL PROPERTY
Section I

Conditions for Condemnation and Indemnification
Article 205. On the basis of effective detailed plans, corporeal immovables owned by legal and natural persons may be condemned according to the procedure established by the State Property Act and the Municipal Property Act for works constituting state and municipal property, as follows:
1. (supplemented, SG No. 65/2003) for construction and redevelopment of the transport physical infrastructure, remodelling of transport and communication networks and facilities: roads, streets, squares, above-ground and underground routes of railroad and tramway lines and facilities thereto appertaining;
2. (amended, SG No. 65/2003, SG No. 41/2007) for construction and redevelopment of other physical-infrastructure networks and facilities: water supply, sanitary sewerage, treatment of drinking and waste water, electricity supply, central heating and hot-water supply, gas supply system installation, electronic communications networks and other such;
3. for implementation of environmental and natural resources protection activities, action to remove and eliminate geologic hazards, stream-bank and shoreline stabilization, as well as for spatial renewal: greenspaces for general public use, aquatic surfaces and streams, landscaped cemeteries, and household-waste treatment;
4. for construction of public health-care facilities, social assistance facilities, and educational establishments.
Article 206. (1) For construction of any projects covered under Article 205herein, there shall be condemned corporeal immovables or parts thereof which are immediately affected by the planned construction or become unfit for building development or use in conformity with the rules and standard specifications of planning, sanitation, hygiene and fire protection, as well as in conformity with the requirements of security and safety.
(2) Parts of lots shall be condemned solely were a regulated lot may be formed out of the remainder of the property in accordance with the requirements of Article 19 herein.
(3) It shall be permissible for parts of lots out of which no regulated lots can be formed to be consolidated into co-owned regulated lots under the terms established by Articles 17 and 19 herein, without being condemned.
(4) In cases where the principal development is preserved and the remainder of the lot may be used as intended prior to the condemnation, an undersize regulated lot may be formed with the consent of the owner.
(5) Where the owners refuse their consent in the cases of Paragraphs (3) and (4), the entire lot shall be condemned.
Article 207. (Supplemented, SG No. 65/2003) Upon construction of projects and facilities covered under Article 205 herein, the land shall not be condemned if the owner thereof creates a building right, with the exception of the transport physical infrastructure elements constituting public state or municipal property.
Article 208. (Supplemented, SG No. 65/2003, SG No. 61/2007) Condemnation procedures under the State Property Act and the Municipal Property Act in respect of corporeal immovables designated under the detailed plans for construction of works constituting public state or municipal property must be initiated within five years after the effective date of the said plans and within ten years after the effective date of the detailed plans for construction of physical-infrastructure elements covered under Article 64 herein which constitute public state or municipal property and, applicable to any properties projected for greenspaces under Article 61 (4) herein, within fifteen years after the effective date of the plans. Upon expiry of the said time limit, the owners of any such corporeal immovables shall enjoy the rights under Item 1 of Article 134 (2) herein.
Article 209. (1) (Amended, SG No. 65/2003) The terms and procedure for condemnation under the State Property Act and under the Municipal Property Act shall not apply where parts of lots are condemned for widening of the transport-infrastructure elements: highways and roads of the national road network, railroads and railroad stations, airports, ports, streets, boulevards and squares, whereby the properties can be used as intended prior to the condemnation. In such a case, the owners shall receive pecuniary compensation.
(2) (Supplemented, SG No. 65/2003) The Regional Governor or the municipality mayor, as the case may be, shall issue an order regarding the condemnation whereby, on the basis of an appraisal made by licensed professionals, the said governor or mayor shall determine:
1. the amount of pecuniary compensation at market prices;
2. the date whereat the condemned part shall be taken.
(3) Any order referred to in Paragraph (2) shall be appealable according to the procedure established by Article 215 (1) herein.
(4) The part of the lot shall be deemed to be condemned as from the day of payment of the pecuniary compensation.
Section II
Indemnification in Other Cases
Article 210. (1) The preparation of appraisals and the determination of the amount and payment of compensation in cases expressly specified in the law shall be made at market prices set by a commission appointed by the municipality mayor.
(2) Acting proprio motu or on a request by the interested parties, the mayor shall order the commission to determine compensations or make an appraisal.
(3) (Amended, SG No. 61/2007) The decision of the commission shall be communicated to the parties according to the procedure established by the Administrative Procedure Code. The said decision shall be appealable by the said parties according to the procedure of Article 215 (1) herein.
(4) The amount of compensation according to an effective appraisal shall be credited to an account with a commercial bank and shall be paid to title holders on a mandate from the municipality mayor or an official authorized thereby.
(5) (Amended, SG No. 61/2007) A person who wishes to benefit from an appraisal prior to the entry into effect of the decision of the commission must deposit with the bank an amount equivalent to the compensation as determined to the order of the title holder. Payment of the said amount shall have effect in respect of the title holder as from the day of communication effected by the municipality according to the procedure established by the Administrative Procedure Code. The amount credited shall be paid to the title holder on a mandate from the municipality mayor. Title holders must be fully compensated for the balance within one month after the entry of the appraisal into effect.
(6) (Amended, SG No. 61/2007) Upon refusal or delay in payment of the amount under an effective decision referred to in Paragraph (3), the interested party may obtain from the court a writ of execution under Litterae (c) and (j) of Article 237 and Article 242 et seq. of the Code of Civil Procedure and request the National Construction Control Directorate to suspend operations and instruments until payment of the amount.
(7) Legal interest shall accrue on the amount of unpaid compensation as from the due day.
Article 211. (1) The pecuniary compensation due under Article 210 (4) herein shall be credited to an account with a commercial bank to the order of the title holders where:
1. the right to compensation has not yet been established by the appropriate documents;
2. (amended, SG No. 61/2007) the title holder has not reported to present the requisite documents within fourteen days after receipt of the communication according to the procedure established by the Administrative Procedure Code;
3. there is a controversy between several parties regarding the right to the amount due; in such a case, the bank shall pay the amount to the party who establishes the rights thereof through a judicial proceeding;
4. the whereabouts of the title holders is unknown;
5. (new, SG No. 65/2003) the lots are located within unregulated spatial-development areas left after restitution of the title of owners and are stewarded and managed by the municipality under the terms and according to the procedure established by the Agricultural Land Ownership and Use Act.
(2) (Amended, SG No. 61/2007) Payment of the amount shall have effect in respect of the title holders as from the day of communication according to the procedure established by the Administrative Procedure Code.

Chapter Eighteen
PUBLIC FACILITIES MUNICIPAL FUND

(Repealed, SG No. 111/2001)

Article 212. (Repealed, SG No. 111/2001).

PART FIVE
SPATIAL DEVELOPMENT CONTROL

Chapter Nineteen
JUDICIAL REVIEW OF INDIVIDUAL ADMINISTRATIVE ACTS REGARDING
SPATIAL DEVELOPMENT

Article 213. (Amended, SG No. 65/2003, amended SG No. 30/2006) The administrative acts regarding spatial development shall be appealable before the courts of law as to legal conformity under the terms and according to the procedure established by this Act and, in matters which are not regulated thereby, under the Administrative Procedure Code.
Article 214. Within the meaning given by this Act, individual administrative acts shall comprehend:
1. the spatial development acts covered under Article 1 herein, the refusals to issue such acts, and the administrative acts reversing or affirming acts issued according to an administrative procedure whereby rights or duties are created or rights or legitimate interests of individual natural or legal persons are affected, regardless of whether such persons or entities are expressly identified as subjects;
2. the acts referred to in Item 1, which have been issued by the National Construction Control Directorate, by the ward mayors and mayoralty mayors, by the Chief Architects and other empowered officials in the regional, municipal and ward administrations;
3. the acts to suspend, ban the use, and remove illegal construction works.
Article 215. (1) (Supplemented, SG No. 65/2003, amended, SG No. 30/2006, effective 1.03.2007, SG No. 61/2007) The individual administrative acts under this Act, the refusals to issue any such acts and the administrative acts reversing or affirming any such acts, with the exception of such covered under Article 216 (1) herein, shall be appealable before the relevant administrative court.
(2) The decisions of the commission referred to in Article 210 (3) herein shall furthermore be appealable according to the procedure established in Paragraph (1), and the municipality and the interested parties shall be called in the case.
(3) A public prosecutor may file for a judicial review of any appealable acts as to legal conformity.
(4) Any appeals and review filings shall be lodged care of the authority whose act is appealed or reviewed, within fourteen days after communication of the said act. The legal person on behalf of which the act has been issued shall likewise be called as a party to the cases and shall participate in the proceedings.
Article 216. (Amended, SG No. 65/2003) (1) The following administrative acts of the Chief Architects of municipalities (or wards) shall not be subject to direct appeal through a judicial proceeding:
1. the refusals to clear and approve any development-project designs, where not constituting an integral part of the integrated development- initiative design;
2. the building permits together with the cleared and approved development-project designs, where such are required, and the refusals to issue any such permits, where not constituting an integral part of the integrated development-initiative design.
(2) The administrative acts covered under Paragraph (1) shall be appealable as to legal conformity before the chiefs of the Regional Offices of the National Construction Control Directorate and, in respect of the special-purpose installations related to national defence and security, before the Minister of Defence or before the Minister of Interior, as the case may be.
(3) (Amended, SG No. 30/2006) Appeals shall be lodged by the interested parties care of the authority which has issued the act according to the procedure established by the Administrative Procedure Code.
(4) An appeal or review filing against an act covered under Paragraph (1) shall stay the execution of any such act.
(5) The Chief of the Regional Office of the National Construction Control Directorate shall rule by a reasoned order as to whether the appeal as lodged is well founded, after evaluation of the admissibility of the said appeal, within fifteen days after receipt of the said appeal. By the order thereof, the Chief of the Regional Office of the National Construction Control Directorate may revoke the act appealed in whole or in part or may reject the appeal, leaving the act appealed in effect.
(6) The orders of the chief of the Regional Office of the National Construction Control Directorate shall be appealable according to the procedure established by Article 215 herein.
Article 217. (1) Any appeal or review filing before a court of law shall not stay the execution of the following administrative acts:
1. (repealed, SG No. 65/2003);
2. (amended, SG No. 103/2005) any orders suspending and barring access to construction works referred to in Article 224 (1);
3. any orders barring the access to, and banning the use of, construction works;
4. (repealed, SG No. 65/2003);
5. (repealed, SG No. 65/2003);
6. (repealed, SG No. 65/2003);
7. (new, SG No. 65/2003) on commissioning of construction works;
8. (renumbered from Item 7, SG No. 65/2003) any orders referred to in Article 194 (1) herein to afford unimpeded access to construction works and refusals to issue such orders;
9. (renumbered from Item 8 and amended, SG No. 65/2003, supplemented, SG No. 106/2006, amended, SG No. 61/2007) any orders referred to in Articles 195 and 196 herein;
10. (renumbered from Item 9 and amended, SG No. 65/2003) any orders referred to in Article 209 (2) herein.
11. (new, SG No. 103/2005) orders referred to in Article 57a (3).
(2) (Amended and supplemented, SG No. 65/2003) The court may suspend the execution of any administrative act covered under Paragraph (1) with the exception of such referred to in Item 2.
Article 218. An integrated development-initiative design shall be appealable before the court within fourteen days after communication of the issuance of a building permit.
Article 219. (1) (Amended, SG No. 61/2007) The provisions of Title Three of the Administrative Procedure Code shall apply to any appeals lodged and judicial proceedings instituted under this Chapter.
(2) (Repealed, SG No. 61/2007).
(3) (New, SG No. 65/2003, amended, SG No. 30/2006) The Administrative Procedure Code shall apply accordingly to any matters unregulated in this Chapter.

Chapter Twenty
ADMINISTRATIVE CONTROL OF SPATIAL DEVELOPMENT AND CONSTRUCTION

Article 220. (1) (Amended, SG No. 65/2003) The Minister of Regional Development and Public Works shall exercise control over compliance with the provisions of this Act and of the statutory instruments on the application thereof in designing and construction, including the use of standard-quality construction materials and manufactures with a view to ensuring the security, safety, accessibility and other statutory requirements to construction works.
(2) (Amended, SG No. 65/2003) The Minister of Regional Development and Public Works shall exercise control over the operation of the National Construction Control Directorate.
(3) (Amended, SG No. 65/2003) The Minister of Regional Development and Public Works or officials authorized thereby shall exercise control as to compliance with fire safety requirements.
(4) (Repealed, SG No. 65/2003).
Article 221. (1) (Supplemented, SG No. 65/2003) The National Construction Control Directorate shall be a public-financed legal person with a headquarters in Sofia. The said Directorate shall consist of a head office and of regional offices in the centres of the administrative regions. Should a need arise, the National Construction Control Directorate may create provisional area offices by order of the Chief of the said Directorate, without an increase of the approved budget and payroll of the Directorate. The National Construction Control Directorate shall mandatorily contract accident insurance and life insurance for the officials thereof for the account of the budget of the said Directorate.
(2) In the discharge of the official duties thereof, the officials of the National Construction Control Directorate shall be entitled to issue clothing and distinctive insignia, shall use special technical means and, on a licence granted by the Minister of Interior, may possess side arms for protection.
(3) The authorities of the Ministry of Interior, as well as the other state and public bodies, shall be obligated to cooperate with the National Construction Control Directorate and with the officials thereof in the discharge of their functions.
(4) Any orders, prescriptions and mandates of the authorities of the National Construction Control Directorate, issued acting within the competence vested therein, shall be mandatory in respect of the persons concerned thereby.
(5) In connection with the performance of the functions thereof under this Act, the authorities of the National Construction Control Directorate shall be entitled to:
1. (supplemented, SG No. 65/2003) gain free access to the construction works, as well as to the buildings and facilities for the duration of their use according to the procedure established by Article 194 (1) and (3) herein;
2. (amended, SG No. 65/2003) require all documents, data, identification, written reference briefs and written statements as may be necessary for the inspections from the office holders at the state and municipal administrations, from the participants in construction, from the persons present in the construction work and on the construction site, from the central and local administrations concerned, from the specialized control authorities, and the utility companies;
3. use data from the National System of Civil Registration and Administrative Services under terms and according to a procedure established by statute.
(6) (New, SG No. 103/2005) The funds from allowances to the amount of 50 per cent of the revenue for the budget collected pursuant to this law by the National Construction Control Directorate, representing fees, fines and pecuniary penalties, shall be spent only for removal of illegal construction works, development of equipment, raising qualification and motivation of the Directorate staff under conditions and by a procedure determined by an ordinance of the Minister of Regional Development and Public Works.
Article 222. (1) (Amended, SG No. 65/2003) The Chief of the National Construction Control Directorate or an official authorized thereby shall perform the following functions, acting within the competence vested therein:
1. suspend illegal construction works;
2. suspend construction works, parts thereof, or individual building and erection works performed in deviation from the construction file as approved, and permit resumption after rectification of violations and payment of the fines and pecuniary penalties due;
3. bar access to construction works referred to in Items 1 and 2 and direct the placing of signs restricting the access of people and machinery and barring them from any such construction works;
4. ban the supply of electricity and heat, running water and gas to construction works referred to in Items 1 and 2;
5. (supplemented, SG No. 76/2006) ban the use of construction products which have not been assessed for conformity with the essential requirements to construction works, and perform inspections at the construction product manufacturing sites;
6. ban the use of any construction works or of parts thereof which have not been commissioned according to the established procedure or which are used for a purpose other than intended according to the construction file as issued and the conditions for commissioning;
7. bar the access to any construction works or parts thereof which have not been commissioned according to the established procedure or which are used for a purpose other than intended according to the construction file as issued and the conditions for commissioning, ban the supply of electricity and heat, running water and gas to any such construction works, and direct the placing of signs restricting the access of people and others and barring them from any such construction works;
8. issue use permits for construction works or refuse to issue such permits;
9. (amended, SG No. 61/2007) propose the withdrawal of licences of consultants for performance of conformity assessment of development-project designs and/or for exercise of construction supervision;
10. issue orders on removal of illegal construction works;
11. (amended, SG No.30/2006) issue orders reversing or revising the orders of the chiefs of the Regional Offices of the National Construction Control Directorate, in respect whereof no provisions are made for direct judicial review, under the terms and according to the procedures established by the Administrative Procedure Code;
12. prescribe execution of consolidation and recovery measures for the prevention of accidents, losses and others at construction works and parts thereof whereof the construction or the effect of the construction file has been suspended or the use has been banned;
13. direct the evacuation of people, mechanical equipment, manufactures, products, materials, supplies endangering the general public and other such from the construction work and from the construction site;
14. impose the penalties provided for in this Act.
(2) (Amended, SG No. 65/2003) Acting within the competence vested therein, the authorities of the National Construction Control Directorate shall perform the following functions:
1. ascertain illegal construction;
2. ascertain violations in the use of construction works or of parts thereof;
3. ascertain violations in the issuance of construction files;
4. execute orders to suspend, to ban the use of, to bar the access to construction works and construction sites, and to remove illegal construction works;
5. investigate accidents in construction;
6. control the implementation of action for rehabilitation of special spatial-development protection areas;
7. ascertain other violations of this Act and of the statutory instruments on the application thereof;
8. establish and maintain a register of the penalty decrees as issued;
9. certify order record books in the cases provided for by the law.
(3) (Amended, SG No. 65/2003) Upon execution of orders to suspend, to ban the use, to bar the access, and to compel removal of illegal construction works, the authorities of the National Construction Control Directorate shall be entitled to use the following special technical means within the perimeter of the construction site:
1. devices immobilizing automobiles and mechanical equipment for construction or removing such machinery from the construction site perimeter;
2. devices to open partitions and premises;
3. light and sound signalling devices;
4. building machines and mechanical equipment for construction, technical means and methods.
(4) The technical means covered under Paragraph (3) may be used solely by duly qualified officials.
(5) Upon resistance or refusal to obey a direction to afford access or to vacate a construction site, or in other cases as specified by the law, compliance with the direction shall be compelled with the assistance of the authorities of the Ministry of Interior.
Article 222a (New, SG No. 103/2005) The municipality mayor shall:
1. suspend construction works, parts thereof, as well as individual building and erection works under the conditions and procedure provided by Article 224 herein, and shall give permission for their continuation upon removal of violations and payment of fines and pecuniary penalties due;
2. bar access to the sites referred to in Item 1 and shall order the instalment of distinctive insignia for restriction and prevention of access of people and equipment to construction sites;
3. forbid electricity, heating, water and gas supply to construction sites referred to in Item 1;
4. order execution of consolidation, restoration and other works for prevention of accidents and damages of sites or parts thereof for which construction works have been suspended;
5. impose the fines and pecuniary penalties provided by the law.
Article 223. (1) The municipal administrations shall exercise control over the application of spatial-development plans, approved development- project designs, building permits, marked building lines and elevations, as well as over compliance with the effective statutory instruments on spatial development.
(2) (Amended, SG No. 65/2003) One or several construction control officers shall be appointed in the administrations of each municipality and shall implement the control referred to in Paragraph (1), shall prevent, preclude and ascertain violations in construction.
(3) (Amended, SG Nos. 65/2003, 103/2005) Within three days after ascertainment of a construction work referred to in Article 224 (1) or of legally non-conforming use of a construction work, the officers referred to in Paragraph (2) shall be obligated to draft a statement of ascertainment under Article 224 (2) or under Article 178 (5) herein and to serve the said statement on the offender. Within three days after expiration of the time limit for objections, any such statement of ascertainment referred to in Article 178 (5) shall be transmitted to the National Construction Control Directorate.
(4) (New, SG No. 103/2005) Upon execution of their functions under this law the municipal administration officials shall enjoy the right to:
1. free access to the construction sites, as well as to the buildings and facilities in the process of being used under the procedure provided by Article 194, Paragraphs (1) and (3) herein;
2. require all documents, data, identification, written attestations and explanations necessary for the inspections from the participants in construction works, the persons on the building and construction site, the administrations involved, the specialized control authorities and operating companies;
3. use data from the Standard Public Registry and Administrative Service System under conditions and by a procedure provided by a law.

Chapter Twenty-One
PREVENTION AND REMOVAL OF ILLEGAL CONSTRUCTION
(Heading amended, SG No. 65/2003)

Article 224. (Amended, SG No. 65/2003) (1) (Amended, SG No. 103/2005) The mayor of the municipality shall suspend, by a reasoned order, the execution of and shall bar access to any construction work or part thereof which is performed:
1. (amended, SG No. 103/2005) without approved development-project designs and/or without a building permit that has come into force;
2. involving material deviations within the meaning given by Article 154 (2) herein;
3. employing construction products which do not satisfy the essential requirements to construction works or in breach of the rules for execution of building and erection works;
4. without construction supervision arranged by the contracting authority, in the cases where such supervision is mandatory;
5. (amended, SG No. 103/2005) without a memorandum on a building line and elevation having been drafted, and/or without the order record book having been certified.
6. (new, SG No. 61/2007) without 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 the protection zones thereof.
(2) (Amended, SG No. 103/2005) Any circumstances referred to in Paragraph (1) shall be issued on the basis of a statement of ascertainment drafted by officials referred to in Article 223 (2). The statement of ascertainment shall be served on the interested parties who or which can lodge objections within seven days. The order referred in Paragraph (1) shall be issued within three days after the expiry of the deadline in sentence two. In case the perpetrator is knot known, copies of the statement of ascertainment and of the order referred to in Paragraph shall be placed on the site and the locations set aside therefore at the building of the municipality, region or mayoralty. Copies of the statement of ascertainment and the order referred to in Paragraph (1) shall be posted to the head of the National Construction Control Directorate and the head of the Regional Construction Control Directorate.
(3) (Amended, SG No. 103/2005) Where the circumstances covered under Paragraph (1) have been ascertained by statement of ascertainment drawn up by the National Construction Control authorities, the order referred to in Paragraph 1 shall be issued by head of the National Construction Control Directorate or persons authorised thereby. Copies of the statement of ascertainment and the order shall be sent to the mayor of the relevant municipality.
(4) Any order referred to in Paragraph (1) shall give mandatory directions for elimination of the reasons that have prompted suspension of construction and time limits for implementation. Where necessary, evacuation of people and mechanical equipment from the construction work and from the construction site shall be directed, as well as disconnection of the supply of electricity and heat, running water and gas. Any such order shall be mandatory for the service providers and shall be complied with forthwith.
(5) (Supplemented, SG No. 103/2005) The construction suspended by the order referred to in Paragraph (1) may resume by permission of the suspending authority after elimination of the reasons which have promoted the said suspension. In the cases pursuant to Article 154, Items (5) through (8) of Paragraph (2) the permission for resumption of construction shall be permitted following presentation survey and other data, calculations and documents pursuant to the instructions referred to in Paragraph (4), which are attached as an integral part of the approved investment project and prove that the material deviations have been rectified and the completed part of construction is in abidance with the law.
(6) (New, SG No. 103/2005) Within three days of ascertainment of illegal construction pursuant to Article 225 (2) by the officials referred to in Article 223 (2), the mayor of the municipality shall send the case file to the head of the National Construction Control Directorate for the initiation of a proceeding under Article 225 herein.
(7) (Renumbered from Paragraph (6), SG No. 103/2005) Upon ascertainment of an illegal construction work within the meaning given by Article 225 (2) herein, the national construction control authorities shall suspend construction, shall bar access to the construction work, and shall transmit the case file to the Chief of the National Construction Control Directorate for initiation of a proceeding under Article 225 herein.
Article 225. (Amended, SG No. 65/2003) (1) The Chief of the National Construction Control Directorate or an official authorized thereby shall issue an order on the removal of any illegal construction works or parts thereof.
(2) A construction work or a part thereof shall be illegal where performed:
1. (amended, SG Nos. 65/2004, 103/2005) in non-conformity with the projections of the effective detailed plan;
2. (amended, SG No. 103/2005) without approved development-project designs and/or without a building permit;
3. (amended, SG No. 103/2005) deviating materially from the approved development-project design under Items 1, 2, 3 and 4 of Article 154 (2) herein;
4. employing construction products which do not satisfy the essential requirements to construction works, or in breach of the rules for execution of building and erection works, if this affects the structural security and the safety in use of the construction work, and it is impossible to bring the construction work into conformity with the requirements of this Act.
5. (new, SG No. 61/2007) without 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 the protection zones thereof.
(3) (Amended, SG No. 103/2005) Any order referred to in Paragraph (1) shall be issued on the basis of a statement of ascertainment drafted by officials of the National Construction Control Directorate. Any such statement shall be served on the interested parties who or which can lodge objections within seven days.
(4) Should an order to remove a construction work be not executed voluntarily within the time limit set therein, execution shall be compelled by the authorities of the National Construction Control Directorate, either unaided or jointly with the persons entrusted to enforce such an order by the Chief of the Directorate or by an official authorized thereby, according to a procedure established by an ordinance of the Minister of Regional Development and Public Works.
(5) (Amended, SG No. 61/2007) On the basis of an effective order for removal of the construction work and the memorandum on the expenditures incurred on the removal, a writ of execution shall be issued for recovery of the claim from the liable persons according to the procedure established by Littera (j) of Article 237 of the Code of Civil Procedure.
(6) Coercive removal shall be for the account of the person performing the work and of:
1. the person who has exercised construction supervision;
2. the developer: in case construction has proceeded after the issuance of an order suspending the construction work by the National Construction Control Directorate or an order by the person exercising construction supervision, entered into the order record book of the construction work;
3. the developer: in the cases referred to in Items 2, 3 and 4 of Paragraph (2);
4. the designer and the person who has assessed the conformity of the development-project designs: in case of non-conformity of the approved development-project design according to which the construction work is executed with the safety requirements referred to in Items 1, 2, 3 and 4 of Article 169 (1) herein and/or with the intended purpose of the land.
(7) The persons covered under Paragraph (6) shall incur solidary liability.
Article 226. (Repealed, SG No. 65/2003).
Article 227. (Repealed, SG No. 65/2003).
Article 228. (Amended, SG No. 30/2006) The provisions of the Administrative Procedure Code shall apply to any matters which are not regulated in this Chapter and in Chapter Twenty herein.

Chapter Twenty-Two
LICENSED TECHNICAL QUALIFICATIONS

Article 229. (1) Natural persons may perform investigation, design, control and supervision activities provided they possess licensed technical qualifications in conformity with the specialist qualifications as attained thereby and the educational qualification degree as conferred thereon.
(2) Legal persons may perform any activities covered under Paragraph (1) should the members thereof include natural persons possessing the requisite licensed technical qualifications.
Article 230. (1) (Amended, SG No. 20/2003, supplemented, SG No. 65/2003) Spatial-development schemes and plans and development project designs shall be prepared solely by natural-person designers who, in addition to the licensed technical qualifications referred to in Article 229 (1) herein, possess furthermore full licensed designer qualifications. The terms and procedure for recognition of full licensed designer qualifications shall be established by statute.
(2) (Amended, SG No. 20/2003 and SG No. 65/2003) The statute referred to in Paragraph (1) shall regulate the permissible activities that may be performed by persons who possess limited licensed qualifications.
(3) (Amended, SG No. 43/2002, SG No. 20/2003, SG No. 79/2006) Designers with full designer qualifications, who work as officials under labour or official employment at the administrations of territorial authorities of the executive. shall have the right to prepare draft spatial-development schemes and plans, as well as to exercise technical control, only for the territorial administrative units in which they are not authorities or where they do not participate in authorities vested with powers of expert opinion, clearance, approval, authorization, control or other powers according to the procedure established by this Act.
(4) (New, SG No. 79/2006) Officials at municipal administrations with full or limited designer qualification shall have the right to prepare ex officio draft spatial development plans for state or municipal lots on the territory of the municipality, or development project designs for the construction of sites that are municipal property, in accordance with the designer qualification acquired.
(5) (Amended, SG No. 37/2006, renumbered from Paragraph (4), SG No. 79/2006) Non-resident natural and legal persons, holding recognised licensed designer qualifications under their national law, may survey and design works in Bulgaria independently, only upon winning a competitive procedure and subsequently being named designated contractors under the terms and procedure of the Public Procurement Act.
Article 231. (Amended, SG No. 108/2006) Requirements to natural and legal persons performing construction work shall be regulated by an act of law.

Chapter Twenty-Three
ADMINISTRATIVE PENALTY LIABILITY

Article 232. (1) (Amended, SG No. 106/2006, SG No. 61/2007) A fine of BGN 1,000 or exceeding this amount but not exceeding BGN 5,000 shall be imposed, unless another statute provides for a severer sanction, on any official who:
1. derelict, misperform or default on any duty enjoined thereon under this Act, the instruments on the application thereof and the other rules and standard specifications in designing and construction, as well as on any decisions and prescriptions proceeding therefrom;
2. clear, approve or issue a construction file in violation of this Act, of the instruments on the application thereof and the other rules and standard specifications in designing and construction, as well as the effective spatial-development plans;
3. fail to take prompt action for prevention of illegal construction, for suspension or removal of illegally performed building and erection works, or for elimination of other consequences of violations;
4. require, as conditions for clearance and approval of a development-project design or authorization of a construction work, any documents which are not required by this Act or by another statutory instrument;
5. (amended and supplemented, SG No. 65/2003) fail to rule, within a time limit as established by a statutory instrument, on a request for clearance, approval, compilation or issuance of construction files, plats, design permits and other such; fail to perform inspections or other technical services; do not respond to an appeal lodged; do not forward a request or an appeal, as the case may be, to the competent authority;
6. permit, suffer the connection, or connect physical infrastructure off-site networks and facilities with an illegal construction work or with a construction work for which no use permit has been issued, save in the case where provisional connection is permitted by a statutory instrument.
7. (new, SG No. 61/2007) has failed to fulfil the obligations thereof under Article 63 (1) herein.
(2) (Amended, SG No. 65/2003, SG No. 61/2007) A fine of BGN 1,000 or exceeding this amount but not exceeding BGN 10,000 shall be imposed, unless another statute provides for a severer sanction, on any participant in construction who orders or suffers the performance of an illegal construction work.
(3) (Amended, SG No. 61/2007) A fine of BGN 3,000 or exceeding this amount but not exceeding BGN 15,000 shall be imposed, unless another statute provides for a severer sanction, on any person who, while unqualified, engages in any practice comprehended within the competence vested in persons exercising construction supervision.
(4) (Amended, SG No. 65/2003, SG No. 61/2007) A fine of BGN 3,000 or exceeding this amount but not exceeding BGN 15,000 shall be imposed, unless another statute provides for a severer sanction, on any person who:
1. (amended, SG No. 65/2003) without possessing the relevant licensed qualifications, shall perform investigation and design works, shall participate in the performance of conformity assessment of development-project designs, in exercise of construction supervision, or shall direct building works;
2. in a designer capacity, shall prepare designs non-conforming to this Act, the instruments on the application thereof and the other rules and standard specifications in designing and construction, or fail to exercise designer supervision in conformity with a contract as concluded;
3. (repealed, SG No. 65/2003);
4. (repealed, SG No. 65/2003).
(5) (Amended, SG No. 61/2007) A fine of BGN 1,000 or exceeding this amount but not exceeding BGN 5,000 shall be imposed, unless another statute provides for a severer sanction, on any person who:
1. (supplemented, SG No. 65/2003) fail to execute a written mandate from a control authority issued acting within the competence vested within the said authority or from the person exercising construction supervision, to suspend, to remove, to restore, or to repair any construction works or any parts of construction works;
2. cut or uproot order or suffer the cutting or uprooting of a perennial ornamental tree or a tree of historic significance without prior written permission by the competent authorities;
3. (new, SG No. 65/2003) fail to afford access, fail to provide the required documents, data, identification and written reference briefs to the control authorities;
4. (renumbered from Item 3, SG No. 65/2003) work on a construction work and fail to vacate the said work after receiving a written warning from the control authorities that construction is performed illegally;
5. (renumbered from Item 4, SG No. 65/2003) fail to execute directions of the competent control authorities issued in connection with action and work as shall be necessary to remove and eliminate geologic hazards;
6. (renumbered from Item 5, SG No. 65/2003) fail to perform recovery works and to eliminate, for the own account thereof, any damage inflicted on another's corporeal immovable in connection with a construction work implemented therein within a time limit as established by the municipality or by the authorities of the National Construction Control Directorate.
(6) (New, SG No. 61/2007) A fine of BGN 300 or exceeding this amount but not exceeding BGN 1,500 shall be imposed, unless another statute provides for a severer sanction, on any owner of a construction work or a lot who has failed to comply with an order under Article 195 (5) herein and has posed an immediate hazard to human health and life.
Article 233. (Amended, SG No. 65/2003) Any other violations of this Act, of the instruments on the application thereof and of the other rules and standard specifications in designing and construction, as well as of the decisions and prescriptions proceeding therefrom, shall be punishable by a fine of BGN 100 or exceeding this amount but not exceeding BGN 500, unless another statute provides for a severer penalty.
Article 234. (1) (Amended and supplemented, SG No. 103/2005) Should any violation covered under Article 232 and Article 233 herein be continued after being ascertained by a written statement, or should another violation be committed by the same person within the time limit for issuance of a penalty decree, the penalty shall be a fine of BGN 300 or exceeding this amount but not exceeding BGN 5,000 notwithstanding the penalty for the first violation.
(2) (Amended, SG No. 65/2003) Should a new violation of the same provision be committed within three years after the effective date of the penalty decree, the penalty shall be a fine of BGN 2,000 or exceeding this amount but not exceeding BGN 30,000. In minor cases, the fine shall be BGN 100 or exceeding this amount but not exceeding BGN 500.
Article 235. (1) In the cases under Article 232 (2) herein, the offenders may be removed from the construction work on the basis of a reasoned order of the Chief of the National Construction Control Directorate or an official authorized thereby.
(2) Upon refusal to execute the order voluntarily, the offenders shall be compelled to leave the construction work, if necessary with the assistance of the authorities of the Ministry of Interior.
(3) An appeal against any order referred to in Paragraph (1) shall not stay the execution thereof.
Article 236. Upon systematic violations under Article 232 (1) herein, committed by a Chief Architect of a municipality (or ward), as ascertained by the National Construction Control Directorate, the Minister of Regional Development and Public Works may disqualify the offender from holding the position of Chief Architect of a municipality (or ward) for a period not exceeding two years.
Article 237. (1) The Chief of the National Construction Control Directorate or an official authorized thereby shall impose the following pecuniary penalties on legal persons or sole traders:
1. (amended, SG No. 65/2003, No. 103/2005) on any contractor, contracting authority or developer of a construction work which is illegal within the meaning given by Article 225 (2) herein: to the amount of BGN 5,000 or exceeding this amount but not exceeding BGN 50,000;
2. (new, SG No. 103/2005) on any contractor, contracting authority or person exercising construction supervision of construction works referred to in Article 224 (1) herein: to the amount of BGN 1,000 or exceeding this amount but not exceeding BGN 10,000;
3. (amended, SG No. 65/2003, renumbered from Item 2, SG No.103/2005) on any contracting authority or developer of a construction work which or who has proceeded with the execution of building and erection works at a construction work suspended by an order under Article 224 (1) or under Article 159 (4) herein, or at a construction work with a construction file whereof the effect has been suspended: to the amount of BGN 10,000 or exceeding this amount but not exceeding BGN 100,000;
4. (new, SG No. 65/2003, renumbered from Item 3, SG No. 103/2005) on any person which or who uses a construction work without this being permitted according to the established legal procedure: to the amount of BGN 1,000 or exceeding this amount but not exceeding BGN 10,000;
5. (renumbered from Item 3 and amended, SG No. 65/2003, renumbered from Item 4, SG No. 103/2005) on any person which or who, without being qualified, engages in any practice comprehended within the competence vested in the consultant and the technical control over the structural part: to the amount of BGN 3,000 or exceeding this amount but not exceeding BGN 30,000;
6. (renumbered from Item 4 and amended, SG No. 65/2003, renumbered from Item 5, amended, SG No. 103/2005) on any person that has performed assessment as to conformity of development project design in violation of the requirements of Article 142 (5) and/or who, in exercising construction supervision, has suffered execution of an illegal construction work within the meaning given by Article 225 (2) herein: to the amount of BGN 30,000 or exceeding this amount but not exceeding BGN 150,000;
7. (renumbered from Item 5 and amended, SG No. 65/2003, renumbered from Item 6, SG No. 103/2005) on any provider of electricity, heat, running water or gas, which has failed to fulfil a mandate under Article 224 (4) or under Article 178 (5) herein: to the amount of BGN 5,000 or exceeding this amount but not exceeding BGN 50,000.
8. (new, SG No. 108/2006, effective 3.01.2008) on a builder for carrying out construction works on projects of Category 1 without being entered in the Central Register of Professional Builders and without possessing a certificate for such buildings: from BGN 50,000 to 100,000;
9. (new, SG No. 108/2006, effective 3.01.2008) on a builder for carrying out construction works on projects of Category 2 without being entered in the Central Register of Professional Builders and without possessing a certificate for such buildings: from BGN 30,000 to 50,000;
10. (new, SG No. 108/2006, effective 3.01.2008) on a builder for carrying out construction works on projects of Category 3, 4
11. (new, SG No. 108/2006, effective 3.01.2008) on a builder for carrying out construction and assembly works without being entered in the Central Register of Professional Builders and without possessing a certificate for such structures: from BGN 2,000 to 5,000;
(2) (New, SG No. 103/2005) The mayor of the relevant municipality shall impose the following pecuniary penalties on legal persons or sole traders:
1. on any contractor, contracting authority, developer of a construction work or person exercising construction supervision on construction suspended with his order pursuant to Article 224 (1) herein: to the amount of BGN 1,000 or exceeding this amount but not exceeding BGN 10,000;
2. on any contractor, contracting authority or developer of a construction work which or who has proceeded with the execution of building and erection works at a construction work referred in Item 1: to the amount referred to in Paragraph 1 (3);
3. on any provider of electricity, heat, running water or gas, which has failed to fulfil a mandate under Article 57a or under Item 3 of Article 222a herein: to the amount of BGN 50000 or exceeding this amount but not exceeding BGN 50,000.
4. (new, SG No. 61/2007) on any owner of a construction work or a lot who has failed to comply with an order under Article 195 (5) herein and has posed an immediate hazard to human health and life: to the amount of BGN 1,000 or exceeding this amount but not exceeding BGN 10,000.
(3) (Renumbered from Paragraph (2) and supplemented, SG No. 103/2005) The sanctions covered under Paragraphs (1) and (2) shall be imposed according to the procedure established by Articles 238 and 239 of this Act.
Article 238. (1) The ascertainment of violations under this Act, the issuance, appeal against, and execution of penalty decrees shall follow the procedure established by the Administrative Infarctions and Penalties Act, safe in so far as otherwise provided by this Act.
(2) (Amended, SG No. 65/2003) The written statements ascertaining violations under this Act shall be drafted by:
1. officials of the municipal administrations (or ward administrations);
2. officials of the National Construction Control Directorate;
3. (amended, SG No. 82/2006) officials designated by the Minister of Interior: in respect of any violations of fire safety rules and standards;
4. (amended, SG No. 95/2005) officials designated by the President of the State Agency for Metrological and Technical Surveillance: in respect of any violations of the safety standards for high-risk systems and equipment;
5. officials designated by the Minister of Environment and Water: in respect of violations of environmental and water protection standards.
Article 239. (1) The penalty decrees shall be issued:
1. by the Minister of Regional Development and Public Works or officials authorized thereby: in respect of any violations of the provisions regarding spatial development;
2. (supplemented, SG No. 103/2005) by the Chief of the National Construction Control Directorate or officials authorized thereby: in respect of any violations of the provisions regarding spatial development (designing, construction and quality of construction materials, and other such), prevention and removal of illegal construction;
3. (new, SG No. 65/2003, amended, SG No. 82/2006) by the Minister of Interior or by officials designated thereby: in respect of any violations of the rules and standards regarding fire safety;
4. (renumbered from Item 3, SG No. 65/2003) by the Minister of Environment and Water or officials authorized thereby: in respect of any violations of the provisions regarding environmental protection;
5. (renumbered from Item 4, SG No. 65/2003, amended, SG No. 95/2005) by the President of the State Agency for Metrological and Technical Surveillance or by officials authorized thereby: in respect of any violations of the provisions regarding high-risk systems and equipment.
6. (new, SG No. 103/2005, supplemented, SG No. 61/2007) by the municipality mayor: in the cases referred to in Items 1, 2, 3, 4 and 6 of Article 232 (5), Article 232 (6) and in Article 233 herein: where the instruments ascertaining violations have been drawn up by the officials referred to in Item 1 of Article 238 (2) herein, as well as in the cases referred to in Article 237 (2) herein.
(2) The one-year time limit, established by the Administrative Violations and Sanctions Act for initiation of administrative liability proceedings for violations under this Act, the instruments on the application thereof and the other rules and standard specifications in designing and construction, shall begin to run as from the day of issuance of a use permit for the construction work or, where no use permit is required, as from the day of commission of the violation.
(3) A penalty decree whereby a fine of BGN 100 or less has been imposed shall be unappealable.
(4) A penalty decree whereby a pecuniary penalty of BGN 5,000 or less has been imposed on a legal person or a sole trader shall be unappealable.
(5) (Repealed, SG No. 65/2003).
(2) (Amended, SG No. 61/2007) The rules of sentence two of Paragraph (1) et seq. shall not apply in the cases where this Act and the instruments on the application thereof expressly provide for service of notice according to the procedure established by the Administrative Procedure Code.

SUPPLEMENTARY PROVISIONS

§ 1. (1) The Minister of Regional Development and Public Works may delegate functions thereof under this Act to the Deputy Ministers of Regional Development and Public Works or to other officials within the system of the Ministry of Regional Development and Public Works.
(2) (New, SG No. 65/2003) The Regional Governor may delegate functions thereof under this Act to the Regional Vice Governors or to other persons of the regional administration.
(3) (Renumbered from Paragraph (2), SG No. 65/2003, amended, SG No. 61/2007) The municipality mayor may delegate functions thereof under this Act to the deputy municipality mayors, to the Chief Architect of the municipality and to other officials of the municipal administration (or borough administration).
(4) (Renumbered from Paragraph (3) and amended, SG No. 65/2003, amended, SG No. 61/2007) The Chief Architect of any municipality may delegate functions thereof under this Act to the Chief Architects of other officials of the municipal administration.
§ 1a. (New, SG No. 65/2003) The Minister of Defence or the Minister of Interior, each acting within the competence vested therein, or officials authorized thereby, shall approve development-project designs, shall issue a building permit, shall commission and shall exercise control over construction works related to national defence and security.
§ 2. (Repealed, SG No. 61/2007).
§ 3. Fees shall be charged under the Local Taxes and Fees Act and the Stamp Duty Act for clearance and approval of a development project design, for issuance of a building permit, a memorandum on marking of a building line and elevation, a certificate of legalization, a use permit for a construction work and for other administrative and technical services under this Act.
§ 4. (1) (Amended, SG No. 61/2007) Unless otherwise specified, the notices by the competent authorities to the interested parties under this Act and the instruments on the application thereof shall be served according to the procedure established by the Administrative Procedure Code. Absent persons shall be notified by means of posting of the notice on the dwelling unit thereof or on the corporeal immovable whereto the spatial-development plan, development-project design, appraisal, request, reply, objection, order of other documents apply. Any such notice shall be posted in a prominent place in the building of the municipality, borough or mayoralty The communication so effected shall be attested by a certificate bearing the signatures of two officials. The said certificate shall be attached to the relevant file.
(2) (Amended, SG No. 61/2007) The rules of sentence two of Paragraph (1) et seq. shall not apply in the cases where this Act and the instruments on the application thereof expressly provide for service of notice according to the procedure established by the Administrative Procedure Code.
(3) In the cases covered under Paragraph (1), notices regarding buildings having a condominium project status shall be served on the chairpersons of the managing boards (or the managers).
§ 5. Within the meaning given by this Act:
1. (Supplemented, SG No. 65/2003) The words "National Expert Board", "administrative-regional expert board" and "municipal (or ward) expert board" shall refer, respectively, to "National Expert Board on Spatial Development and Regional Policy, " "administrative regional expert board on spatial development" and "municipal (or ward) expert board on spatial development, " the word "Directorate" shall refer to "National Construction Control Directorate, " and the words "conformity assessment" and "conformity assessment of designs" shall refer to "assessment of the conformity of designs with the essential requirements to construction works."
2. "Lot" shall be a part of the spatial-development area, including such as shall be durably submerged, within boundaries as established in conformity with the right of ownership.
3. "Unregulated spatial-development area" shall be a spatial development area wherein the lots are not regulated by a detailed plan.
4. "Special spatial-development protection areas" shall comprehend the protected nature-conservation areas under the Protected Areas Act, the protected areas for conservation of the cultural and historical heritage under the Monuments of Culture and Museums Act, other areas of distinctive character whereof the planning and control mode is regulated by separate statutes (the mountain and frontier areas, the coastal areas, the urban area of the capital city and other such), the areas susceptible to land sliding, the sanitary protected areas of water sources and the facilities for drinking and household water supply and around mineral water sources constituting public state property according to the Water Act.
5. "Preventive spatial-development protection areas" shall be spatial-development areas designated by spatial-development schemes and plans as possessing a high scenic, environmental and cultural value but not designated as protected by an express statute.
6. "Nucleated-settlement area" shall be the spatial-development area of a nucleated settlement enclosed within the limits (development limits) thereof as defined by a spatial-development plan, excluding the land-use area.
7. "Small nucleated settlements, " as referred to in Article 58 herein, shall be the villages, as well as the towns of a population not exceeding 30,000 residents.
8. "Spatial-development area" or "planning zone, " as referred to in Article11 herein, shall constitute an assemblage of adjoining lots with similar characteristics and prevailing intended purpose.
9. "Permissible pressure on areas intended for building development" shall be determined by the building-development intensity and the permissible purposes in conformity with the specific intended purposes of the lots.
10. "Block" shall be a regulated spatial-development area bounded by streets or by streets and boundaries of an urbanized area, which consists of one or several lots.
11. "Regulated lot" or "regulated property" shall be a lot in respect of which a detailed plan has established boundaries, access from a street, road or driveway, a specific intended purpose and planning mode.
12. "Individualization of a newly created regulated lot, " as referred to in Article 16 (5) herein, shall be a recording of a description of the boundaries and designation of an identifier of the property.
13. "Predominantly level ground, " as referred to in Item 4 of Article 19 (1) herein, shall be a ground not exceeding a slope of 10 per cent, and "predominantly steep ground, " as referred to in Item 5 of Article 19 (1) herein, shall be a ground exceeding a slope of 10 per cent.
14. "Narrow regulated lot" shall be a property of a frontage of a size to which the allowance referred to in Article 19 (3) herein has been applied.
15. (Amended, SG No. 41/2001) "Floor area" shall be the surface area delimited by the exterior contours of the surrounding walls of the first storey above ground level or of the semi-subterranean storey, including the surface area of the ventilation shafts and the passageways within the said contours. The floor area at ground level shall exclude any terraces, exterior stairways and stairway landings, loading platforms, parking garages and other elements of a height not exceeding 1. 2 metres from the average elevation of the adjoining ground.
16. "Unoccupied yard space" shall be the difference between the surface area of the regulated lot and the floor area. The open usable terraces above the basement, as well as the greenspaces, shall likewise be treated as such a space.
17. "Building-development density" shall be the ratio of the sum total of the floor areas of the principal and accessory development to the surface area of the regulated lot, expressed in percentage terms. Building-development density may furthermore be calculated for an entire block, spatial-development area or planning zone, as well as for any parts thereof.
18. "Gross floor area" shall be the sum total of the floor areas of all stories of the principal and accessory development at and above ground level. The gross floor area shall furthermore incorporate the floor areas entirely within the roof space of buildings, where projected for dwelling units, studios and studies. The floor area of the stories above ground level shall incorporate the entire surface area of balconies, loggias and terraces.
19. "Building-development intensity" of a regulated lot shall be the ratio of the gross floor area to the surface area of the regulated lot, expressed as an absolute number. Building development intensity may furthermore be calculated for an entire block, spatial-development area or planning zone, as well as for any parts thereof.
20. "Building-development manner" shall be the siting of the principal- and accessory-development buildings and structures within the regulated lots.
21. "Detached development" shall be a building development whereby the buildings in the regulated lots are arranged at a distance from the property lines (record lines) of the adjoining regulated lots, as well as along the northern side record line in the case of narrow regulated lots situated at the intersection of a north-south, northeast-southwest or northwest-southeast street with a street having an angle of intersection of not more than 45 degrees.
22. "Attached development" shall be a building development whereby the buildings in two or more adjoining regulated lots are arranged touching one another along the property lines (record lines). Attached development in adjoining regulated lots shall constitute touching of the principal-development buildings or of the accessory-development structures.
23. "Cluster development" shall be a building development on large regulated lots of clusters of buildings which are arranged free-standing or touching one another.
24. "Restructuring of residential complexes, of industrial, resort, vacation and other dispersed settlements" shall constitute an alteration of the structure and building development of the said complexes or settlements, inter alia through formation of regulated lots for existing or for new buildings, for amenity planting of public spaces, as well as for another intended purpose, on the basis of a detailed plan.
25. "Outer building-development line" shall be the building development line abutting on a street. The said line may be coincident with the street line or be set back therefrom on the regulated lot.
26. "Inner building-development line" shall be the building development line abutting on adjoining regulated lots or on adjoining buildings. The inner building-development lines shall likewise be side lines in respect of the rear lot line.
27. "Depth of the principal development of buildings" shall be the distance between the outer building-development line and the opposite inner building-development line.
28. "Orientation of a residential building affording more beneficial solar access" shall be an orientation of a building in respect of the distances to adjoining buildings which corresponds to the following grading of compass points: south, southeast and southwest; east; west; northeast and northwest; north. Should the actual orientation be in departure or latitude from any such point of direction, the nearer point shall apply.
29. "Residential building" shall be a building intended for permanent human occupancy and consisting of one or more dwelling units which occupy at least 60 per cent of the gross floor area of the said building.
30. "Dwelling unit" shall be a set of premises, roofed and/or open spaces, constituting a single functional and spatial whole and designed for the satisfaction of housing needs.
31. (Supplemented, SG No. 107/2003, amended, SG No. 41/2007) "Physical infrastructure" shall be a system of buildings, facilities and utility lines networks of transport, water supply and sewerage, electricity supply, heat supply, gas supply, electronic communications, irrigation and land-reclamation, waste treatment, and action to remove and eliminate geologic hazards.
32. (Amended, SG No. 103/2005) "Physical-infrastructure public networks and facilities" shall be the networks and facilities up to the shared monitoring and metering devices in the corporeal immovables, including the distribution devices.
33. "Servitude strip" shall be part of a lot around physical infrastructure networks and facilities in respect of which restrictions are introduced by a statutory instrument in the building-development and use mode of the lot.
34. "Reserve strip" shall be a pavement reserved for passage of workers engaged in the maintenance and repair of streets, street facilities and the physical infrastructure.
35. "Waste treatment" shall be the collection, storage and safe disposal of waste and all intermediate operations, as well as the reuse, recycling and reclamation of waste or production of energy or extraction of materials from waste in compliance with the Limitation of Harmful Impact of Waste on the Environment Act.
36. "Construction file" shall be all approved development project designs required for performance or legalization of a construction work, the building permit or the certificate of legalization, as well as the memoranda on the marking of a building line and elevation.
37. (Amended, SG No. 76/2005) "Construction site" shall be the ground required for performance of a construction work and determined by a development-project design or by the boundaries of the lot whereon the construction is performed.
38. (Amended, SG No. 65/2003, supplemented, SG No. 61/2007) "Construction works" shall be any above-ground, semi-subterranean, subterranean and underwater buildings, structures, extending and heightening additions, consolidation, recovery, conservation and restoration works on immovable cultural property, fences, physical-infrastructure networks and facilities, spatial renewal and sports facilities, as well as the overhauls, redevelopments and remodellings thereof, with or without alteration of the assigned use.
39. (Amended, SG No. 65/2003) "Project" shall be a self contained construction work or a divisible interest in a construction work of a designated name, location, independent functional intended purpose and identifier under the Cadastre and Property Register Act.
40. (Supplemented, SG No. 65/2003) "Building and erection works" shall be the works whereby construction works are constructed, repaired, redeveloped, remodelled, maintained or rehabilitated.
41. (New, SG No. 65/2003, amended, SG No. 103/2005) "Alteration of the intended purpose" of a project or of part thereof shall constitute a change in the manner of use of any such work or part in conformity with corresponding codes, constituting fundamental cadastral data and determined pursuant to the Cadastre and Property Register Act and the statutory legislation on its application.
42. (New, SG No. 65/2003) "Overhaul" of a construction work shall be partial restoration and/or partial replacement of structural elements, essential parts, facilities or utility service systems of a construction work, as well as building and erection works whereupon originally used by worn out materials, structures and structural elements are replaced by other types or new types of works are performed, whereby the serviceability thereof is restored, the operation thereof is enhanced, or the service life thereof is extended.
43. (Repealed, new item New, SG No. 65/2003) "Routine repair" of a construction work shall be the improvement and maintenance of buildings, structures, facilities and utility-service systems in serviceable condition, as well as interior remodellings whereupon:
(a) the structure of the building is not affected;
(b) existing walls are not removed, relocated or breached, where any such or other action shall affect the structure of the building;
(c) the intended purpose of the premises and the loads therein are not altered.
44. (New, SG No. 65/2003) "Redevelopment" of a construction work shall be restoration, replacement of structural elements, essential parts, facilities or utility-service systems and execution of new such elements, parts, facilities or systems, whereby the bearing capacity, the stability and the durability of the construction works are enhanced.
45. (Renumbered from Item 41, SG No. 65/2003) "Stage" shall be part of a construction work having an independent functional intended purpose, in respect of which a separate building permit and a use permit may be issued.
46. (Renumbered from Item 42, SG No. 65/2003) "Rough construction work" shall be a building or a structure whereof the surrounding walls and the roof have been executed, and the finishing works have not been executed at all or have been partly executed.
47. (Renumbered from Item 44, SG No. 65/2003) "Storey" shall be a part of a building or structure included between two successive floor structures.
48. (Renumbered from Item 45, SG No. 65/2003) "Subterranean storey" shall be a storey whereof the ceiling is situated below the level mark of the average elevation of the adjoining pavement (of the adjoining ground fronting on the street) or within 0.3 metres above the said level mark.
49. (Renumbered from Item 46, SG No. 65/2003) "Semi subterranean storey" shall be a storey whereof the floor is situated below the level mark of the average elevation of the adjoining pavement (of the adjoining ground fronting on the street) and whereof the ceiling is situated at more than 0.3 metres above the said level mark and within 1.5 metres above the said mark.
50. (Renumbered from Item 47, SG No. 65/2003) "Storey above ground level" shall be a storey whereof the floor is situated at or above the level mark of the average elevation of the adjoining pavement (of the adjoining ground fronting on the street).
51. (Renumbered from Item 48, SG No. 65/2003) "Attic" shall be a storey situated within the roof space and enclosed, in part or in whole, by the roof planes.
52. (Renumbered from Item 49, SG No. 65/2003) "Average elevation of the adjoining ground" shall be the elevation of the ground measured in the middle of the relevant surrounding wall of the building.
53. (Renumbered from Item 50, SG No. 65/2003) "Base course elevation" shall be the elevation of the floor of the first storey above ground level.
54. (Renumbered from Item 51, SG No. 65/2003) "Ridge course elevation" shall be the highest horizontal part of the roof of a building.
55. (Renumbered from Item 52, SG No. 65/2003) "Facade" shall be the outer surrounding wall of a building or structure which rests on the ground.
56. (Renumbered from Item 53, SG No. 65/2003) "Blank wall" shall be the outer wall of a building or structure without a coping or eaves and unbreached by door and window openings, arranged along the inner lot line.
57. (Renumbered from Item 54, SG No. 65/2003) "Balcony" shall be an open usable space upon a bracket-type structure, projecting from the facade of a building.
58. (Renumbered from Item 55, SG No. 65/2003) "Loggia" shall be a usable space, open on the external side and incorporated into the total bulk of the building.
59. (Renumbered from Item 56, SG No. 65/2003) "Terrace" shall be an open usable space situated above premises, supported by columns or resting on the ground.
60. (Renumbered from Item 57, SG No. 65/2003) "Benchmark" within the meaning given by Article 157 (4) herein shall be a survey monument used as a reference point in measurements, levelling and in plotting points and lines from a site map.
61. (Renumbered from Item 58, SG No. 65/2003) "Abrasion" shall be the water erosion of the margins of aquatic surfaces and rivers.
62. (New, SG No. 65/2003) "Project of national importance" shall be a project designated as such by an act of the Council of Ministers.
63. (New, SG No. 65/2003) "Special-purpose installations related to national defence and security" shall be lots and the construction works therein constituting state property, whereon the information constitutes a state secret within the meaning given by Article 25 of the Classified information Protection Act.
64. (New, SG No. 76/2006) "Technical Passport of Construction Works" shall be a document, containing all technical features of the construction works components, related to the conformity with the material requirements under Article 169, Paragraph 1 - 3, operation, service, inspection, maintenance, and repair instructions, and shall reflect all construction and assembly works performed after the construction works are commissioned.
65. (New, SG No. 76/2006) "Economically Feasible Term of Operation" shall be the term, during which the construction works shall be maintained at the level required to meet all material requirements under Article 169, Paragraph 1, taking into account all design, construction, and operation costs, all emergency risks and consequences during operation, and all insurance coverage thereof, all inspection, ongoing maintenance, service, and repair costs, as well as taking into account the location and the environmental impact on the construction works.
66. (New, SG No. 76/2006) "General Renovation" of construction works shall be a complex of construction and assembly operations, related to the conformity with the material requirements under Article 169, Paragraph 1 - 3, performed during operation and affecting the structural components of the construction works, including all surrounding structures and building components, technical infrastructure facilities and components - heating, ventilation, air-conditioning, electric, water, sewage, and other installations.
67. (New, SG No. 61/2007) "Social housing" shall be housing assigned for persons of ascertained housing needs, whereof the construction is financed or is implemented with the help of the State or the municipality.
68. (New, SG No. 61/2007) "Outdoor facilities" shall be:
(a) for sporting activities: fields (grounds) and equipment used for mass physical exercises and sport in the open air: association football grounds, volleyball courts, basketball courts, handball courts, baseball parks, rugby grounds, mini golf courses and other team sports grounds, athletic tracks, tennis and badminton courts, velodromes, cycleways, horseback-riding areas, horseback-riding paths, tennis and badminton courts, kart circuits, gymnastics grounds, outdoor swimming pools, outdoor ice skating rinks, skateboard and roller-skating rinks and other such, also including the requisite auxiliary structures and facilities associated with the functioning thereof: sanitary units, spectator stands, movable seasonal covers etc.;
(b) for cultural activities: fields (grounds) and equipment for concert stages, outdoor amphitheatres, exhibition space, circus performances and other such, also including the requisite auxiliary structures and facilities associated with the functioning thereof: sanitary units, changing rooms, spectator stands, movable seasonal covers etc.
69. (New, SG No. 61/2007) "Memorial places and sites" shall be the places and sites associated with historic events and/or personalities, works of monumental art and/or landscape monuments.
70. (New, SG No. 61/2007) "Playground" shall be a publicly accessible outdoor or indoor area assigned for individual or team games, appropriately planned, floored and equipped for play depending on the designated age group of the users.
71. (New, SG No. 61/2007) "Amusement facilities" shall be publicly accessible outdoor or indoor areas for amusement facilities with appropriately planned and sited amusement equipment, the predominant part whereof are powered by an external energy source: electricity, fuels, photovoltaic cells etc.

TRANSITIONAL PROVISIONS

§ 6. (1) Any regional-development plan, master and detailed
urban-development plan effective at the date of entry of this Act into force shall continue in effect. Any such plan shall be amended under the terms and according to the procedure established by this Act.
(2) Any yard regulation plan effective at the date of entry of this Act into force may be applied according to the previously effective procedure within six months after the date of entry of this Act into force. The municipal administration shall arrange the conduct of the requisite appraisals within one month after submission of a request.
(3) (Amended, SG No. 41/2001) Any drafts of regional development plans, master and detailed urban-development plans and the cadastral plans thereto, which have been submitted for approval on or before the 31st day of May 2001, shall be communicated, cleared, approved, appealed against and enter into effect according to the previously effective procedure. In such cases, the certificates of approval shall be issued on or before the 31st day of December 2001.
(4) As from the effective date of any yard regulation plans referred to in Paragraph (3), the said plans may be applied according to the previously effective procedure within six months after the effective date thereof. The municipal administration shall arrange the conduct of the requisite appraisals within one month after submission of a request.
(5) After expiration of the time limits established by Paragraphs (2) and (4), it shall no longer be possible to effect transactions for disposition of a regulated yard parcel in respect of which the compensations due for settlement of accounts on regulation have not been paid, where such compensations are provided for.
(6) (Repealed, SG No. 36/2004).
(7) (Amended, SG No. 65/2003) The existing cadastral maps, land distribution plans and other plans related to restitution of the right of ownership of agricultural land and forests and forest stock land tracts shall be used for preparation of spatial development schemes until the preparation and entry into effect of a cadastral map for the relevant territory.
§ 7. (Repealed, SG No. 61/2007).
§ 8. (Amended, SG No. 61/2007) (1) Upon expiry of the time limits established under § 6 (2) and (4) herein, the condemnation effect of any effective but unapplied yard regulation plans for equalization of parts in formed co-owned regulated yard parcels and for taking of adjoining lots or parts of lots shall be terminated.
(2) The owners of any lots referred to in Paragraph (1) may:
1. apply the effective unapplied yard regulation plans by a notarized contract for transfer of ownership;
2. request modification of the yard regulation plans under the terms and according to the procedure established by this Act;
3. request that the inner record lines of the properties thereof be brought into conformity with the existing lot boundaries.
(3) The contracts with the State or with the municipality under Item 1 of Paragraph (2) shall be concluded in the form, under the terms and according to the procedure established by Article 15 (4) and (5) and Article 17 (4) and (5) herein.
(4) The modification of the yard regulation plans under Item 3 of Paragraph (2) shall be approved by an order of the [competent] municipality mayor. The municipality mayor shall issue an order refusing the requested modification of the plan where the time limits referred to in § 6 (2) or (4) herein have not expired, the hypotheticals of Paragraph (6) or (7) exist or if the modification envisages formation of regulated lots without a frontage under Article 14 (4) herein. The orders referred to in sentence one and two shall be announced solely to the owners of the immediately affected properties, and any appeals against the said orders shall not stay the execution thereof.
(5) Construction in any regulated lots referred to in Paragraph (1) shall not be permitted until implementation of one of the possibilities covered under Paragraph (2). Construction in any regulated lots referred to in Paragraph (1) shall not be permitted, either, where, as a result of a modification of the yard regulation plan under Item 3 of Paragraph (2), the building-development plan for the relevant regulated lots has conflicted with the effective spatial-development rules and standard specifications.
(6) Any instituted proceedings for application of yard regulation plans shall be concluded according to the hitherto effective procedure. The proceeding shall be deemed to have been instituted as from the date of submission of a request for appraisal to the municipal administration within the time limit established by § 6 (2) and (4) herein.
(7) Paragraphs (1) and (2) shall not apply in respect of any effective regulation plans for works constituting public property.
§ 9. (1) The repealed provisions of the Regional and Urban Planning Act and the repealed Article 102 of the Ownership Act shall apply to any condemnation proceedings instituted under the effect of the repealed (in the State Gazette No. 124 of 1998) provisions of Section I of Chapter Five of the Regional and Urban Planning Act, in respect of which a condemnation order has been issued and the corporeal immovable was taken on or before the 30th day of October 1998.
(2) In the cases where the corporeal immovable was not taken on or before the 30th day of October 1998, the condemnation order and the compensation order shall be revoked and the proceeding shall be terminated by an order of the municipality mayor.
(3) Annually, funds shall be allocated in the national budget and the municipal budgets to ensure indemnification of any owners referred to in Paragraph (1).
§ 10. The right to indemnification with a corporeal immovable or with another real right for a condemned and taken corporeal immovable shall be inextinguishable through limitation.
§ 11. The five-year period of limitation established by Article 67 of the Ownership Act shall not run and shall not be applied in the cases where the building right has accrued in compensation for a condemned corporeal immovable.
§ 12. (1) Any proceedings for approval of development-project designs and issuance of building permits instituted prior to the entry of this Act into force shall be concluded according to the previously effective procedure.
(2) A proceeding for approval of a development-project design shall be deemed to have been instituted as from the day of submission of a development-project design for approval by the competent authority. Any such proceeding shall furthermore be deemed to have been instituted if a conceptual development-project design, cleared with the competent authority, is available.
§ 13. (1) (Amended, SG No. 20/2003) The natural persons, who prior to the entry of this Act into force possessed licensed technical qualifications inconformity with the specialist qualifications as attained thereby and the educational qualification degree as conferred thereon, documented by a certificate of educational attainment, shall likewise possess full licensed designer qualifications within the meaning given by Article 230 (1) herein.
(2) Any contracts for construction supervision in designing and construction, as well as for technical control in designing and construction, which have been concluded prior to the entry of this Act into force, shall continue in effect unless the parties thereto alter the said contracts or terminate them by mutual consent.
(3) (Repealed, SG No. 20/2003).
(4) Until the entry into force of the statute referred to in Article 230 (1) herein, the natural persons exercising technical control over the structural part of development-project designs shall be entered into a register with the National Construction Control Directorate under terms and according to a procedure established by the Minister of Regional Development and Public Works.
§ 14. (Repealed, SG No. 65/2003).
§ 15. The time limits for all proceedings, which have begun to run prior to the entry of this Act into force, shall expire according to the previously effective provisions.
§ 16. (1) (Supplemented, SG No. 65/2003) Any construction works constructed prior to the 7th day of April 1987, in respect of which a construction file is lacking but which were permissible under the effective detailed urban-development plans and under the rules and standard specifications effective during the time of performance thereof or according to this Act, shall be tolerable construction works and shall not be subject to removal and to ban on use. Any such work may be subject to a transfer transaction upon presentation of a certificate issued by the authorities which are empowered to approve the relevant development-project designs, to the effect that the said construction work is tolerable.
(2) Any illegal construction works, commenced during the period from the 8th day of April 1987 until the 30th day of June 1998 but not legalized prior to the entry of this Act into force, shall not be removed if the said works were tolerable under the effective detailed urban-development plans and under the rules and standard specifications effective during the time of performance thereof or according to this Act, and if declared by the owners thereof to the approving authorities on or before the 31st day of December 1998.
(3) (Effective January 2, 2001) Any illegal construction works, commenced after the 30th day of June 1998 but not legalized prior to the promulgation of this Act, shall not be removed if the said works were tolerable under the effective detailed urban development plans and under the rules and standard specifications effective during the said period and according to this Act, and if declared by the owners thereof to the approving authorities within six months after the promulgation of this Act.
(4) Upon condemnation of any construction works referred to in Paragraph (1) and of any legalized construction works referred to in Paragraphs (2) and (3), the said works shall be appraised and a compensation shall be due therefor to the owners according to the standard procedure.
§ 17. (Effective 2.01.2001) (1) (Supplemented, SG No. 65/2003, amended and supplemented, SG No. 61/2007) By decision of the Regional Governor or by resolution of the Municipal Council, any construction works enjoying a provisional planning status, constructed according to the procedure established by Paragraph (4) of Article 120 of the Regulations for Application of the Regional and Urban Planning Act as repealed (in the State Gazette No. 6 of 1998) on land constituting state or municipal property in cases other than such referred to in Articles 195 and 196 herein, may be preserved until implementation of the construction works projected by an effective detailed plan. Upon emergence of a development-project initiative for implementation of the projections of the detailed plan, the provisional construction works shall be removed without payment thereof on the basis of an order of the municipality mayor issued according to the procedure established by Articles 195 and 196 herein.
(2) (Amended, SG No. 41/2001) By decision of the Regional Governor or by resolution of the Municipal Council, made or passed within six months after the entry of this Act into force, it shall be permissible to institute a procedure for modification of an effective detailed plan for the purpose of conferring a durable planning status on any provisional construction works referred to in Paragraph (1) within the existing size and type. Upon establishment of a durable planning status, a building right shall be created in favour of the owners of the existing construction works under the terms and according to the procedure established by the State Property Act and the Municipal Property Act.
(3) (Amended, SG No. 65/2003) In the cases under Paragraph (2), where a durable building-development status is established with planning parameters, dimensions and functions which differ materially from the existing provisional construction work, the work affected shall be removed according to the procedure established by Paragraph (1), and the contracting authority of the new construction work shall be designated according to the standard procedure.

FINAL PROVISIONS

§ 18. (1) The Minister of Regional Development and Public Works shall approve building and technical rules and standard specifications, shall issue ordinances and instructions, and shall approve standard forms of documents on the application of this Act.
(2) (Repealed, SG No. 65/2003).
(3) (Repealed, SG No. 65/2003).
(4) The Minister of Regional Development and Public Works and the Minister of Interior shall approve building and technical rules and standard specifications for traffic safety.
(5) (Repealed, SG No. 65/2003).
(6) The Minister of Regional Development and Public Works, the Minister of Health, the Minister of Environment and Water, and the Minister of Interior shall approve the construction and technical rules and minimum standards concerning obtrusive noise attenuation and elimination in nucleated settlements, in buildings, in individual dwelling units, works and on premises, and in the places for recreation, tourism, and senatorial and resort treatment.
(7) The Minister of Regional Development and Public Works, jointly with the heads of the central and local administrations concerned, shall approve the technical rules and standard specifications for the designing, construction and use of physical infrastructure facilities and networks.
§ 19. The tasks and functions of the National Construction Control Directorate shall be regulated by regulations adopted by the Council of Ministers on motion by the Minister of Regional Development and Public Works.
§ 20 (1) This Act shall supersede the Regional and Urban Planning Act (promulgated in the State Gazette No. 29 of 1973; corrected in No. 32 of 1973; amended and supplemented in No. 87 of 1974, Nos. 3 and 102 of 1977, No. 36 of 1979, No. 3 of 1980, No. 45 of 1984, No. 19 of 1985, No. 36 of 1986, No. 14 of 1988, No. 31 of 1990; corrected in No. 32 of 1990; amended in No. 15 of 1991; amended and supplemented in No. 63 of 1995, No. 104 of 1996, Nos. 41 and 79 of 1998; corrected in No. 89 of 1998; amended in Nos. 124 and 133 of 1998, Nos. 26 and 86 of 1999, Nos. 14 and 34 of 2000).
(2) The statutory instruments of secondary legislation, issued in pursuance of the Regional and Urban Planning Act, shall be applied until the issuance of the respective new statutory instruments of secondary legislation, save in so far as conflicting with this Act.
§ 20a. (New, SG No. 65/2003) The terms and procedure for designing, execution and completion of any construction works related to national defence and security shall be established by an ordinance of the Minister of Regional Development and Public Works, the Minister of Defence and the Minister of Interior.
§ 21. Where, in connection with spatial development, account is taken of pre-existing construction works, the reference shall be to legal construction works.
§ 22. The detailed plan shall be deemed to be applied:
1. in respect of regulation: upon payment of the amounts due on contracts referred to in Article 17 (3) herein, where such amounts are provided for, plotting of the property in the cadastre, and entry in the property register;
2. in respect of building development: upon the laying of the foundations of construction works in conformity with a construction file as issued.
§ 23. (1) In the case of conflict of provisions of other laws with the provisions of this Act on matters concerning spatial development, as regulated therein, the provisions of the Spatial Development Act shall prevail.
(2) The provisions of other laws, which refer to the Regional and Urban Planning Act as superseded and to the Regulations for the Application thereof, shall refer to the relevant provisions of this Act.
(3) The provisions of other laws, related to the designations of the regional-development plans, master and detailed urban development plans, shall apply accordingly to the relevant spatial development schemes and plans under this Act.
§ 24. (Amended and supplemented, SG No. 65/2004, amended, SG No. 61/2007) (1) Upon conclusion of the contracts between the participants in the investment process, the conditions of contract of the International Federation of Consulting Engineers (FIDIC) may be applied in respect of any projects financed in full or in part by international financial institutions and by funds of the European Union.
(2) In the cases referred to in Paragraph (1), the functions, rights, obligations and responsibilities of the consultant under this Act shall be implemented by the engineer designated under the conditions of the financing institution and shall be regulated in detail in the special conditions of the contract concluded between the said engineer and the contracting authority.
(3) To perform the activity comprehended in conformity assessment of development-project designs and to exercise construction supervision, the engineer under the contract must be licensed under the terms and according to the procedure established by Article 167 or must assign the performance of these activities to a sub-contractor licensed under this Act.
(4) Construction works under Paragraph (1) shall be commissioned under the terms and according to the procedure established by this Act.
§ 25. The Environmental Protection Act (promulgated in the State Gazette No. 86 of 1991; corrected in No. 90 of 1991; amended in No. 100 of 1992, Nos. 31 and 63 of 1995, Nos. 13, 85 and 86 of 1997, No. 62 of 1998, Nos. 12 and 67 of 1999, Nos. 26, 27 and 28 of 2000) shall be amended and supplemented as follows:
1. In Article 20 (1), Item 2 shall be amended to read as follows:
"2. the plans and programmes for national, local and regional development; ".
2. There shall be inserted the following new item:
"3. the spatial-development plans and the modifications thereof, providing for activities listed in the annex referred to in Item 1; ".
3. Item 3 shall be renumbered to become Item 4.
§ 26. The Local Self-Government and Local Administration Act (promulgated in the State Gazette No. 77 of 1991; amended in Nos. 24, 49 and 65 of 1995,No. 90 of 1996, No. 122 of 1997, Nos. 33, 130 and 154 of 1998, Nos. 67 and 69 of 1999, Nos. 26 and 85 of 2000) shall be amended as follows:
1. In Article 21 (1), Item 11 shall be amended to read as follows:
"11. pass resolutions on the creation and approval of spatial development plans and modifications thereof for the entire territory of the municipality or for any portion thereof under the terms and according to the procedure established by the Spatial Development Act"
2. In Article 44 (1), Item 12 shall be amended to read as follows:
"12. commission or authorize the elaboration of spatial development plans and modifications thereof for the entire territory of the municipality or for any portion thereof, and approve specified spatial-development plans under terms and according to the procedure established by the Spatial Development Act, as well as organize the realization of the said plans."
§ 27. In the State Property Act (promulgated in the State Gazette No. 44 of 1996; amended in No. 104 of 1996, Nos. 55, 61 and 117 of 1997, Nos. 93 and 124 of 1998, No. 67 of 1999, Nos. 9, 12, 26 and 57 of 2000), in Article 33 (2) the words "within nucleated settlement limits" shall be deleted.
§ 28. In the Sofia Urban Development Master Plan Approval and Application Act (promulgated in Transactions of the Presidium of the National Assembly No. 89 of 1961; amended in the State Gazette No. 29 of 1973, No. 41 of 1998), Section II "Application of the Urban Development Master Plan and Regulations for Ownership of Corporeal Immovables", Articles 8, 9 and 10 are hereby repealed.
§ 29. The Transitional and Final Provisions of the Act to Amend and Supplement the Sofia Urban Development Master Plan Approval and Application Act (promulgated in the State Gazette No. 41 of 1998) shall be amended as follows:
1. In § 10, § 12 (1) and (4) and § 13, the words "urban development master plan" shall be replaced by "master plan."
2. § 17 shall be amended to read as follows:
"§ 17. The Urban Development Fund with Sofia Municipality is hereby transformed into a Public Facilities Fund."
§ 30. The implementation of this Act shall be entrusted to the Minister of Regional Development and Public Works.
§ 31. This Act shall enter into force on the 31st day of March 2001, with the exception of § 16 (3) and § 17, which shall enter into force on the date of promulgation of the said Act in the State Gazette.
Act to Amend and Supplement the Spatial Development Act
Promulgated, State Gazette No. 65/22.07.2003

TRANSITIONAL AND FINAL PROVISIONS

§ 182. Any construction works, projects and facilities referred to in
Articles 54, 55, Article 56 (1) and Article 57 (1) (of the Spatial Development Act) shall not constitute corporeal immovables under Article 110 of the Ownership Act, shall not be plotted on the cadastral map, shall not be entered into the cadastral registers, and no acts recordable in the property register shall be issued to certify the right or ownership or other rights to any such works, projects or facilities.
§ 183. (1) Any proceedings for approval of development-project designs and for issuance of building permits, which have been initiated prior to the entry of this Act into force, shall be concluded according to the previously effective procedure or, if the contracting authority so wishes, according to the procedure established by this Act.
(2) A proceeding shall be deemed to have been instituted as from the day of submission of a development-project design for approval by the competent authority. Any such proceeding shall furthermore be deemed to have been instituted if a conceptual development-project design, cleared with the competent authority, is available.
(3) Any proceedings exploring the possibility of legalization, which have been initiated prior to the entry of this Act into force, shall be concluded according to the previously effective procedure. Any such proceeding shall be deemed to have been instituted as from the day of submission of a written request for legalization to the competent authority.
§ 184. (1) Any construction works, which have been performed illegally prior to the entry of this Act into force, may be legalized at the request of the owner if permissible under the provisions which were effective at the time the said works were performed or under the currently effective provisions.
(2) A proceeding for legalization of any construction works referred to in Paragraph (1) shall be initiated acting on an application by the owner to the authority which has issued or should have issued the building permit, submitted within six months after the entry of this Act into force.
(3) Within one month after receipt of any such application, the officials of the municipal administration shall draft a statement of ascertainment of the illegal construction, on the basis of which the authority referred to in Paragraph (2) shall require the requisite documents covered under Article 144 (of the Spatial Development Act) and shall establish a time limit for submission of the said documents.
(4) Upon failure to submit the requisite documents, or should the authority referred to in Paragraph (2) determine that the conditions for legalization are not fulfilled, the said authority shall issue a reasoned refusal, shall communicate the said refusal to the interested parties, and shall notify the National Construction Control Directorate for application of the measures under Article 225 (of the Spatial Development Act).
(5) Construction works shall be legalized to the name of the owner of the land, to the name of the person in favour of whom a building right has been created, or to the name of the person enjoying a right to build in another's property by virtue of a special statute. If the construction work has been constructed by a non-owner, the relations between the developer and the owner shall be settled according to the requirements of Articles 72 to 74 of the Ownership Act.
(6) In respect of any illegally performed construction works in co-owned corporeal immovables and in a condominium project, where permissible for legalization and where fit for self-contained use, the certificate of legalization may be issued to the name of all co-owners or condominium owners, as the case may be, provided the said co-owners or condominium owners have not objected to the illegal construction work while performance of the said work was in progress. In such case, disputes regarding the rights to the legalized construction work shall be actionable according to the standard procedure.
(7) Legalization shall consist in clearance of a survey development- project design for legalization, bringing the construction work into conformity with the design as cleared, payment of the fines and fees due, and issuance of a certificate of legalization. The survey design for legalization shall be executed within a scope determined by the ordinance referred to in Article 139 (5) (of the Spatial Development Act).
(8) The time of performance of the illegal construction work shall be established by all instruments of proof admissible under the Code of Civil Procedure, including declarations. The declarants shall incur criminal liability for making false statements in any such declarations.
(9) The requirements of Chapter Eight (of the Spatial Development Act) shall apply to the time limits for clearance of survey development-project designs for legalization and for issuance of certificates of legalization, for communication of certificates of legalization as issued or of refusals to issue any such certificates, for appeal of any such certificates as to legal conformity, and for notification of the competent Regional Offices.
(10) Any certificates of legalization together with the survey development-project designs for legalization, as well as any refusals referred to in Paragraph (4), shall be appealable according to the procedure established by Article 216 (of the Spatial Development Act).
(11) In respect of any parts of the construction work in progress, a development-project design shall be cleared and a certificate of legalization shall be issued according to the standard procedure.
(12) Any construction works referred to in Paragraph (1), which have not been declared for legalization within the time limit established by Paragraph (2) or in respect of which the legalization proceeding has been concluded by an effective refusal to issue a certificate of legalization, shall be removed according to the procedure established by Article 225 (of the Spatial Development Act).
§ 185. Any persons empowered by the Minister of Regional Development and Public Works to exercise independent construction supervision in designing, independent construction supervision in designing and construction, and independent construction supervision in construction, whereof the period of empowerment has not expired, may exercise construction supervision over Category One, Two, Three and Four construction works, as well as perform conformity assessment of development-project designs for Category One, Two and Three Category construction works. After expiration of the said period, to be qualified to perform the activities referred to in Item 1 of Article 166 (1) (of the Spatial Development Act), any such persons must hold a licence issued by the Minister of Regional Development and Public Works under terms and according to a procedure established in Article 167 (1) and (2) (of the Spatial Development Act).
§ 186. Any persons exercising construction supervision and licensed to do so by the Chief of the National Construction Control Directorate may continue to exercise construction supervision over Category One, Two, Three and Four construction works until expiration of the term of validity of the licence. Upon expiration of the said term, to be qualified to perform the activities referred to in Item 1 of Article 166 (1) (of the Spatial Development Act), any such persons must hold a licence issued by the Minister of Regional Development and Public Works under terms and according to a procedure established in Article 167 (1) and (2) (of the Spatial Development Act).
§ 187. (1) Within six months after the entry of this Act into force, the Municipal Councils can confirm the orders of the Chief Architect of the municipality (or ward) issued in pursuance of Item 6 of Article 6 of the Regional and Urban Planning Act (promulgated in the State Gazette No. 29 of 1973; corrected in No. 32 of 1973; amended and supplemented in No. 87 of 1974, Nos. 3 and 102 of 1977, No. 36 of 1979, No. 3 of 1980, No. 45 of 1984, No. 19 of 1985, No. 36 of 1986, No. 14 of 1988, No. 31 of 1990; corrected in No. 32 of 1990; amended in No. 15 of 1991; amended and supplemented in No. 63 of 1995, No. 104 of 1996, Nos. 41 and 79 of 1998; corrected in No. 89 of 1998; amended in Nos. 124 and 133 of 1998, Nos. 26 and 86 of 1999, Nos. 14 and 34 of 2000; superseded in No. 1 of 2001) as superseded, as well as the orders of the ward mayors issued in pursuance of Items 6 and 7 of Article 6 of the said Act during the period commencing on the 11th day of September 1991 and ending on the 31st day of December 2001, with the exception of any such orders which have been revoked as legally non-conforming.
(2) Any Municipal Council resolutions under Paragraph (1) shall be promulgated in the State Gazette.
Act to Amend and Supplement the Cadastre and Property Register Act
Promulgated, State Gazette No. 36/30.04.2004.

TRANSITIONAL AND FINAL PROVISIONS
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§ 62. Within three months after the promulgation of this Act in the State Gazette, recordation according to the personal system shall be effected by the recording office with the Recordation Agency (sic, must be Cadastre Agency).
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Act to Amend and Supplement the Spatial Development Act
Promulgated, State Gazette No. 65/27.07.2004
TRANSITIONAL PROVISION
§ 24. Any designs for construction of projects of national importance, financed in whole or in part through financing contracts and agreements specified in § 24 (1) of the Final Provisions (of the Spatial Development Act), whereof the designing or construction has commenced prior to the entry of this Act into force, shall be completed according to the previously effective procedure or, if the contracting authority so wishes, according to the procedure established by this Act.
TRANSITIONAL AND FINAL PROVISIONS
to the Geodesy and Cartography Act
(SG, No. 29/2006)
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§ 11. Everywhere in the Spatial Development Act (Promulgated, State Gazette No. 1/2001, amended, SG No. 41/2001, SG No. 111/2001, SG No. 43/2002, amended and supplemented, SG No. 20/2003, SG No. 65/2003, SG No. 107/2003, amended, SG No. 36/2004, amended and supplemented, SG No. 65/2004, amended, SG No. 28/2005, amended and supplemented, SG No. 76/2005, SG No. 77/2005, amended SG No. 88/2005, No. 94/2005, No. 95/2005, amended and supplemented, SG No. 103/2005, amended, SG No. 105/2005) the words "Cadastre Agency" shall be replaced by "Geodesy, Cartography, and Cadastre Agency".
TRANSITIONAL AND FINAL PROVISIONS
to the Spatial Development Act Amendment Act
(SG, No. 76/2006, effective 1.01.2007)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
§ 8. Technical passports of existing commissioned construction works - state and municipal property, except cases under Article 176a, Paragraph 1, shall be prepared by 31 December 2011. The terms for preparation of technical passports for different construction works categories shall be defined by the ordinance under Article 176a, Paragraph 6.
§ 9. All ordinances under this Act shall be issued or adopted by 31 December 2006.
(*) Act to Amend the Commercial Register Act
(SG No. 80/2006, effective 3.10.2006)
§ 1. In § 56 of the Transitional and Final Provisions the words "1 October 2006" shall be replaced by "1 July 2007"
Chamber of Developers Act
(SG No. 108/2006)
TRANSITIONAL AND FINAL PROVISIONS
.......................................................................
§ 4. The provisions of Items 1 and 4 of § 3 herein shall enter into force one year after the entry into force of this Act.
(*) Act to Amend the Commercial Register Act
(SG No. 53/2007, effective 30.06.2007)
§ 1. In § 56 of the Transitional and Final Provisions of the Commercial Register Act, the words "the 1st day of July 2007" shall be replaced by "the 1st day of January 2008".
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Act to Amend and Supplement the Spatial Development Act
(SG No. 61/2007, effective 27.07.2007)
TRANSITIONAL AND FINAL PROVISIONS
§ 69. The Municipal Councils shall adopt the ordinances referred to in Article 62 (10) and Article 196 (5) [of the Spatial Development Act] within three months after the entry of this Act into force.
§ 70. The time limits referred to in Article 208 [of the Spatial Development Act] for initiation of condemnation procedures in respect of corporeal immovables, designated for construction of works constituting public state or municipal property under the detailed plans effective at the date of entry into force of this Act, shall begin to run as from the 31st day of March 2001.
§ 71. Within one month after the entry into force of this Act, the Council of Ministers shall adopt the amendments to the statutory instruments of secondary legislation related to the status of the chief architect, arising from this Act, which shall apply as from the day of entry into force of the said Act.
§ 72. (1) Any pre-existing works referred to in § 24 (1) of the Final Provisions [of the Spatial Development Act], whereof the construction has commenced prior to the entry into force of this Act, shall be completed according to the hitherto effective procedure and, if the contracting authority so wishes, according to the procedure established by this Act.
(2) Not later than the 31st day of December 2008, the Minister of Regional Development and Public Works shall arrange the official translation into the Bulgarian language of the documents published by the International Federation of Consulting Engineers (FIDIC): Conditions of Contract for Works of Civil Engineering Construction (CONS), Conditions of Contract for Engineering, Procurement and Construction/Turnkey Projects (EPCT), Short Form of Contract, Client-Consultant Agreement (White Book) Guide, and FIDIC Contracts Guide.
(3) The documents covered under Paragraph (2) shall be posted on the Internet site of the Ministry of Regional Development and Public Works.
§ 73. This Act shall enter into force as from the day of promulgation thereof in the State Gazette.

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