Documents selling real estate
In the previous article we have pointed at the three main documents which selling real estate would be impossible without. They are as follows: a document certifying your rights of ownership, certificate of a property tax assessment and a certificate of marital status of the owner(s). Here you will find more useful information to facilitate the preparation of the necessary documents with. However, remember that you can always rely on legal help and support of our real estate lawyers. International Law Office D. Vladimirov and Partners is one of the most reputable law firms in Bulgaria. We are proud of our team of professionals, each member of which is a competent real estate lawyer devoted entirely to the work by helping society.
Here are the other documents which are of great importance for selling real estate:
- Marriage Certificate, in the case that the seller – the owner of the property – is married. The certificate is to be provided only in person to the one who had declared its issuance.
- In the event that the property is not acquired during the marriage, it is not MPC (Matrimonial Property Community). This means that the spouse is the only owner of the property. Note that if the property is the registered with the other spouse’s address, there is a need of filling in declaration, under Article 26 of the Family Code. The same rule applies to property acquired by inheritance, donation or through other legal means that do not represent MPC.
- If the property has got established right for use, to sell it, the user must abandon the real right settled in his favor. The refusal shall be carried out with a declaration on the waiver of use. The declaration is to be signed in front of a notary and entered into the Registry Office.
- In the event that over the property had been carried out a partition, the document necessary can be either an agreement or judgment duly entered into the Registry Agency.
- Property sketch, when transferring a land (land, yard or part of the yard built on the property/apartment). It is issued by the technical service of the region at the municipality where the real estate is located in. It is valid for 6 months from the date of issue.
- 1. Certificate of Inheritance or Death Certificate of the ancestor.
- 2. If the owner(s) of the property is divorced, the court judgment for the dissolution of the marriage in divorce has to be presented.
- In special cases, additional documents are required for tracing the history of the property, in order to firmly and clearly proving ownership.
Selling Real Estate – other documents
- Encumbrances Certificate of the property – issued by the Registry Agency, applies to all documents of ownership in heritage, as well as certificates of inheritance. If the property includes land or parts of the land, a sketch of the property also must be applied. If the sale of real estate is regulated by the cadastral map, the sketch /scheme is issued by GCCA*
*Geodesy, Cartography and Cadastre Agency. If the property is located in a city which is not regulated by the cadastral map, then sketch is issued by the technical service at the municipality.
- When the seller physically is not able personally to present the transaction for the sale, he/she is entitled to authorise a third party. That can be done by a notarised by him/her Power of Attorney. That document explicitly describes the representative rights which the principal gives the authorised person. The Power of Attorney must enclose a notarised declaration under Art. 25, paragraph 7 of the Notaries and Notarial Practice Act (NNPA), and a declaration under Art. 264, paragraph 1 of the Tax-Insurance Procedure Code (TIPC). This person may be your real estate lawyer.
- Identity document, other documents individualizing the buyer and the seller.
- In case of a sale of real estate in a newly constructed building, relevant documents from the builder/investor as: building permit, architectural design and distribution areas, Permission for use – Act Form 16 and others must be submitted.
- Other documents depending on the specific features of the transaction of sale. Considering the variety of documents, it is recommended that they be duly verified by the real estate lawyer. He or she has to be a specialist in the field of buying and selling real estate.