Bulgarian Legislation has a several levels of court litigation. Basically yhe court litigation in Bulgaria has been created and settled in four different instances (stages).
The first instance court litigation in Bulgaria – the city court
The first instance court litigation in Bulgaria involves the investigation and filling up the statement of claim.
During the first stage of the litigation in Bulgaria, a lawyer starts the investigation of the factual basis of the claim and the legal theories of liability.
After the claim is filed together with all available written evidence, the defendant party in the litigation in Bulgaria shall be officially notified by the court
Usually it denies the allegations, filed by the offender party and denies any liability for the claim.
The judge shall schedule open court hearings for the litigation in Bulgaria
The witnesses and experts appointed by the court may be questioned by the judge and the parties.
facts on the case of the litigation in Bulgaria are clear, the parties present their final oral arguments, and the case is closed.
The judge renders the decision in close chambers and officially notifies the parties on its content. The first court instance of the litigation in Bulgaria may take one to three years depending on the complexity of the dispute.
The second instance court litigation in Bulgaria – the appealing court
Within two weeks after the court desicion has been delivered the parties have an options to appeal it before the next instance.
Under certain conditions the panel of three judges may allow new written and oral evidence. This stage of court litigation in Bulgaria usually takes one and a half year.
The third (last) court instance litigation process – the Supreme Court of BG
The third final stage of court litigation in Bulgaria is the cassation stage, which in contrast to the previous stages is not applicable to all cases.
Both parties are entitled to file a cassation appeal, however, the Supreme Court of Cassation decides which cases will be heard depending on their subject matter
The cassation decision of the litigation in Bulgaria is mandatory not only for the parties but also for the judges when deciding on similar cases. This stage of court litigation in Bulgaria usually takes one and a half year.
Execution stage of court litigation in Bulgaria
The fourth and last stage of the court litigation in Bulgaria is the execution of the final decision on the case. A writt of execution shall be issued by the court, then public and private bailiffs are vested with enforcement powers.
In case the debtor does not pay voluntarily, the bailiff shall attach and sell its property (i.e. money in bank accounts, real estate assets, movables, etc.) until the final satisfaction of the creditor.
Execution tends to be more successful if the creditor has been granted interim relief prior or during the court litigation stages securing its claim in advance.
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1. Property title documents – certifying the title of the property.
Most frequent documents of ownership:
• Title Deed, registered with the Registry Agency – title deed for purchase and sale, title deed for donation, title deed for exchange, notarized statement of ascertainment;
• Deed with registration records;
• Sales Agreement executed under the Ordinance on State-Owned Properties;
• Sales Agreement, executed under the Municipal Property Act and the State-Owned Public or Municipal Real Estate Act. If executed after 1 June 1996, this Agreement has to be registered with the Registry Office.
2. Property Tax Evaluation Certificate – issued by the local tax office at the property domicile. The Property Tax Evaluation Certificate has to contain an address identical to the address of the property as per the title deed, or in case of discrepancy, Certificate of Identity of Addresses has to be issued. The Property Tax Evaluation Certificate shall list all of property owners.
Property co-owners may not have any outstanding debts concerning the property (this means paying property tax and waste discharge fees), which shall be indicated in the Property Tax Evaluation Certificate.
3. Certificate of Marital Status of the seller(s), indicating the marital status of all owners as of the date of acquisition of the property. This certificate shall be issued by the Uniform System for Civil Registration and Administrative Services to Population department in the district of domicile of the owner.
4. Marriage Certificate of the seller, if applicable.
5. If the property is not acquired as marital property, it shall not be considered matrimonial property community (MPC); however, in case the address of the property is the address of registration of one of the spouses, a statement has to be filed, under article 26 of the Family Code, which shall evidence the respective spouse agrees to with the sale. This shall also apply for property acquired by inheritance, donation, and in general cases other than MPC.
6. If the property has any real rights registered, in order to execute the sale transaction, the user shall abandon all the real rights, established in their favour, by filing a waiver of the right to use the property. The waiver has to be signed in the presence of a Notary Public and shall be registered with the Notary Public’s file. In case the used is deceased, an excerpt of the Death Certificate shall be submitted.
7. In case the property is subject to partition – the document in question (contract, ruling), registered with the Registry Agency.
8. Plan of the plot, in case of transfer of land (land plot, yard or part of yard, where the property/apartment is built). It shall be issued by the technical service in the district of location of the property, and shall have a term of validity for 6 months.
9. In case the property has been received as inheritance – Certificate of Inheritance, Certificate of Death of the predecessor, Last Will and Testament.
10. In case the seller is divorced, the court ruling dissolving the marriage in divorce shall be presented.
11. Specific cases require different documents, which follow the property history and proves the title of ownership.
12. Certificate of Burdens for the property – to be issued by the Registry Agency, and including any and all ownership documents – from the date of the first Title Deed to the date of the last Title Deed, and in case of inheritance – a Certificate of Inheritance. In case the property includes land or shares of land, a plan of the property shall be enclosed as well.
13. In case the seller is unable to perform the formalities for a transaction personally, the seller shall have the lawful obligation to appoint another person to represent the Seller with a Power of Attorney. This Power of Attorney shall be notarized, and both the signatures affixed and the content of this Power of Attorney shall be certified. A declaration under article 25, paragraph 7 of the Notaries and Notary Practices Acts (NNPA) and a declaration under article 264, paragraph 1 of the Taxation and Social Security Code of Procedure (TSCCP) shall be issued.
14. An identity document, which confirms the identity of both the buyer and the seller (identity cards, certificates of good standing, and a decision of the competent body – in case the party under the transaction is a legal entity).
15. In case the transaction refers to transferring developed buildings – the respective documents issued by the builder/investor – building permits, architectural design and distribution of land, permit to use – Act Form 16, et al.
16. Other documents, according to the specifics of the transaction. Due to the diversity of documents possible, we recommend that the documents under this transaction be checked by a lawyer.
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The dynamics of modern business relations can easy switch to another country of doing business in different settlements by registration of a branch.
If you have such a need, you are generally faced with three options for doing business:
A) register individual “subsidiaries” of trading companies and through them to carry out your business.
With this option new companies are emerging and they have separate business enterprises.
The common between them is in the owner who owns them, but in the case of third parties they are completely independent subjects;
B) to disclose retail outlets (warehouses, shops, etc.) in the different settlements, without creating new companies and operating in them.
In this situation, no new legal entity emerges – a company, the trader himself engages in legal relationships with third parties.
B) register a branch through which to separate the performance of part of your activity in a settlement other than that in which your company has its registered office.
The branch is a legal-organizational form for carrying out a business activity in which a trader (firm), through a relative separation of part of its activity, carries it out in a settlement other than that in which its seat is located.
In the internal relations, the branch is dependent on the trader and this dependence is manifested in different directions, for example in:
A) the lack of an independent firm, and the branch company includes the trader’s firm and the branch add-on;
(B) the branch is part of the trader’s business (and, if transferred, the branch is transferred).
In disputes arising out of a direct relationship with a branch, claims are brought against the firm (as may be done at the headquarters of the branch);
B) the termination of the trader also leads to the termination of the branch (the same applies when the bankruptcy is declared);
D) the branch does not compile a stand-alone balance – the branch leads commercial books as a sole trader without compiling a separate balance sheet.
Registration of a branch
Branch registration is the result of the following procedure, which includes:
1. decision on the establishment of a branch;
2. election of a branch manager;
3. Entry in the Commercial Register (TP).
The decision to register a branch is taken by the competent corporate body under the rules of the relevant commercial company:
The decision should contain a clear intention to establish a branch and its headquarters, address of management, subject of activity, manner of management.
Setting up a Bulgarian branch by a foreign company is one of the legal forms for establishment of a business presence in Bulgaria.
Usually the branch office is considered to be an alternative to being a (sole) shareholder of a Bulgarian company.
The Bulgarian branch office is not a separate legal entity but a part of the foreign company.Registration of a branch
As a result, share capital of the branch is not required and the foreign company is liable for the liabilities incurred by the branch.
Legal Representative of the Bulgarian Branch
Though the Bulgarian branch office is not a separate legal entity and appointment of a director is not required, the authorization of a legal representative of the branch is mandatory.
The representative powers of the legal representative are determined by a power of attorney granted to him by the foreign company.
Registration with the Bulgarian Commercial Register
Under Bulgarian legislation branches are required to be registered with the Bulgarian Commercial Register. The necessary documents to register a branch in Bulgaria include:
official certificate of good standing of the foreign company;
official incumbency certificate containing the particulars of the persons authorized to represent the foreign company and their representative powers (if not contained in the certificate of good standing);
resolution of the foreign company to establish a branch in Bulgaria (the persons competent to adopt such a resolution are determined by the national corporate law of the foreign company);
constituent act/articles of association of the foreign company;
notarized power of attorney granted to the legal representative of the Bulgarian branch;
notarized written consent and specimen signature of the legal representative of the Bulgarian branch;
declaration under art.13, para. 4 of the Bulgarian Commercial Register Act.
Under the Bulgarian Commerce Act following the successful branch office registration, the branch is required to maintain its own bookkeeping as well as to prepare a balance sheet.
Under the Bulgarian tax legislation the profit generated by a foreign company’s branch established in Bulgaria is subject to corporate income tax.
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Change in the manner of management and representation or change of the person (s) representing the company
A change in the management of a company may occur when two or more persons are elected in the place of a manager to represent and manage the company together or separately, as well as the appointment of a procurator.
I. In the Commercial Law an option is provided by the manager of the company aloneto request it to be removed from the Commercial Register by giving written notice to the company.
Within one month of receipt of the notification, the company must declare its release in the Commercial Register for entry.
If the company does not do so, the manager may himself file for registration the fact that is entered, whether or not another person is elected in his place. In a nutshell, in order for the manager or the liquidator to declare the deletion alone, the law provided for the existence of two prerequisites – the manager / liquidator / requested the deletion by written notification to the company and the company had not declared its deletion in within one month of receipt of the notification.
The second and more frequent reason for change of manager in OOD is
Election of a new governor after the expiry of the mandate of the old governor or
Withdrawal of the manager’s authorization at any time during his term of office,
Resignition of the manager.
Empowerment of the manager may be withdrawn at any time and his name deleted from the commercial register.
The freedom of the general assembly to free the governor at any time, respectively to elect a new governor, is imperatively regulated by the legislator, and it results from the free withdrawal of empowerment (including empowerment).
There is a complete correspondence between the possibility of the general meeting of the company to withdraw the authorization of the manager / for the dismissal of the manager / as provided in Art. 141, para. 5 of the Commercial Act, the unilateral withdrawal of the manager, with a written notification to the company. The possibility of a free change of the manager is related to the fact that the legislator did not introduce grounds for the dismissal of the manager.
Even in cases where such a foundation is provided in the company agreement, they could not overcome imperatively the art. 141, para. 4 of the CG freedom of the General Assembly to withdraw the authorization, but such grounds would have significance in the search of the manager’s responsibility.
The change of the manager of the company should be entered in the Commercial Register.
Upon the change of the current manager, it is necessary to conclude a new written contract for the assignment of the management on behalf of the company, also the general meeting must take a decision to amend the company contract if the management and representation of the company change are the essential elements of the contract.
This decision must be taken by a majority of more than three-quarters of the capital unless a majority of the company’s agreement is provided.
The decision shall be drawn up with a notary authentication of the signatures and the contents made at the same time, unless a written agreement is provided in the Articles of Association.
The decision shall be entered in the record book. In LLC, a change in the way of management most often means assigning the management of EOOD to a procurator, but it is possible to appoint a governor if the constitutive act does not exclude the possibility of appointing a third party manager.
Any carrier wishing to carry cargo on the territory of the Republic of Bulgaria and / or on the territory of the European Union must register a transport company and hold the respective license to carry cargo on the territory of the Republic of Bulgaria or a license to carry out international freight transport.
This development concerns the registration of a freight transport company within the European Union (the procedure for registering a freight transport company on the territory of the Republic of Bulgaria is similar).
This is the issue of a Community license for the international carriage of goods. The procedure for issuing such an international transport license is regulated in ORDINANCE No 11 OF 31 OCTOBER 2002 FOR THE INTERNATIONAL CARRIAGE OF PASSENGERS AND GOODS .
The state fee for issuing an international license for freight transport from January 1, is 500 leva. The freight license is NOT indefinite! It shall be issued for a period of validity of 10 years, after which it shall be renewable.
1. In order to operate as a freight carrier, you must first register a transport company. It is recommended to be in the form of EOOD or OOD.
The transport activity can be realized with both own and hired heavy trucks, but obligatory with Bulgarian registration.
2. The license of the transport company is issued by the Minister of Transport, Information Technology and Communications on a proposal of the Automobile Administration Executive Agency.
Any transport company applying for a freight license must meet certain specific requirements, namely:
I. REASONABILITY – The requirement of reliability is met when transport managers are not convicted of deliberate crimes of general character under the Penal Code or are not deprived of the right to exercise transport.
II. PROFESSIONAL COMPETENCE – The transport manager must have a Certificate of Professional Competence issued by the Automobile Administration Executive Agency or a Certificate of Professional Competence issued by a competent authority of a Member State of the European Union. Note that a person may be the head of the transport activity of no more than two transport companies.
III. FINANCIAL STABILITY – Demonstration of the financial stability of the transport company depends on the number of vehicles with which the transport activity will be carried out. For the first car, the transport company proves that there are resources for carrying out its transport operations, equal to the BGN equivalence of EUR 9,000, and for each subsequent car the BGN equivalence of EUR 5,000. The provision of the above mentioned resources for transport activity is evidenced by the corresponding amount in the capital of the transport company, through bank guarantee and insurance contract.
At the same time, the transport company must have no tax and social security obligations unless it is deferred or deferred under the Tax and Social Insurance Procedure Code, as evidenced by the Certificate for the existence or absence of tax liabilities.
IV. ESTABLISHING THE TERRITORY OF THE REPUBLIC OF BULGARIA – the transport company must have its own or hired operational center, garage area and office.
Compliance with each requirement should be certified by the relevant document. The circumstances declared in the contracts, declarations, etc. are controlled and controlled and checked prior to the license being issued by the licensing authority, so it is advisable to use advisory services to specialists who are familiar with the practical requirements for issuing such a license.
The time limit for the issue or refusal to issue a license for the carriage of goods is 30 calendar days from the date of filing of the application. If there is a document missing or there is an irregularity in the documents submitted, the deadline for their removal is one month after receipt of the instructions from the Ministry. The license is issued in as many copies as the vehicles themselves.
We would like to offr you our legal service as follows :
• Drafting of documents & registration procedure of your new shipping company for you.
• Legal advices to preparation , fill in and submit the necessary documentation for the issuance of an international freight license.
We will save you valuable time with our knowledge and skills to complete the registration process and get a freight license for you at moderate competitive prices. Call us now on `+ 359 897 90 43 91 or send us your mail on оffice@lawyer-bulgaria.bg
When co-owners of common property fail to understand how to divide their property voluntarily and turn their ideal parts into real, they can turn to the court for legal division of property
This way of termination of the co-ownership is settled as a particularly indisputable production, which takes place in two phases .
Any joint proprietor may file a claim for a division, which is always subject to the district court of the place of inheritance (in the case of a division of inheritance) or the location of the property (in the case of a split of a real estate). Where incapacity or abstention is involved in the partition, prior permission of the District Court is required.
Division by Court settlement. In any case of a court case (prior to the entry into force of the court decision on the distribution of the property), the judicial separation may end with a court settlement. Legal division of property
The latter includes a contract between the parties for the distribution of properties and a definition by which the court approves the settlement if it does not contradict the requirements of the law and good morals.
A particular type of court settlement is the agreement of the spouses to divide their property upon divorce by mutual consent.
FEATURES OF Legal division of property
First stage of the legal division of property
In the first phase of the partition the issues between who will be partitioned, which properties and what is the part of each ofthe partitioners are clarified .
The action for partition is not extinguished by prescription.
The subject matter of a division may be all or part of the property, unless the law provides otherwise, or if it is incompatible with the nature or purpose of the property. If one of the co-owners does not take part in the division, it is entirely null and void.
The court decides by a decision on the admissibility of the division, which is subject to self-appeal, after its entry into force, a new hearing is scheduled and the division continues in its second phase.
At the request of some of the distributors, the court ruled on the issue of the temporary distribution of the use of the property until the end of the divestment and the sums that the users should pay to the others.
– Second phase of the judicial split of property
In the second phase of the division a real distribution of the shares admitted to partition is made between the parties that are recognized as co-owners and according to the established shares with the court decision of the first phase of the admission of the division.
Whenever possible, each of the partitioners should receive a real share of the objects subject to the divestment, as the units are equalized with money.
In the second phase of the division, if submitted, the following shall also be considered:
the claims on the accounts of the distributors to recognize the costs he has incurred to increase the value of the property
claims to increase the inheritance (inheritance split)
as well as for the assignment of an indivisible residential property (in the case of a divorce of a matrimonial property community or an inheritance).
The casting may be done by drawing lots or by partitioning where the prerequisites provided for in law are available. Where a property is unalterable and can not be placed in one of the lots, the court shall order it to be put out for public sale.
This phase of the division ends with a court decision that has the power of a notary deed on shared real estate and is subject to entry in the Registry Office on the location of the property.
Public sale of the real estate
Where the co-owner to whom the property is awarded fails to pay the remaining monetary equation within six months, the award decision is invalidated by law and the property is exported to a public auction.
In this case, the property may not be sold for public sale and assigned to another co-owner if it has made a request for an assignment, the legal prerequisites are in place, and he immediately pays the price at which the property is valued at the split, less the value of his share in it.
When making the sale, the distributors take precedence over the third parties involved in the sale, each of them being able to buy the property at the highest bid.
If several distributors wish to redeem the property at the highest price offered at the first sale, a new sale is only made between these dividers, which is carried out under the general rules.
After that the actual distribution is executed. With the help of an expert the court divides the real estate by creating of separate shares for each co-owner after which each of them receives his property by lot.
Each party of the case for judicial division pays the outstanding court fees according to the market price of the received share. There are no obstacles for the parties to make an agreement about the way of termination of the co-ownership during the judicial division and to arrange a court settlement.
Our family lawyer has been asked many times for the reasons and legal grounds for divorce in Bulgaria. Hiring a lawyer is advisable to avoid any futher problems.It is necessary. There are no formal impediments that would prevent either party from filing a petition in court.
Finally we would like to show basically the two important legal, grounds for divorce are set out in the Bulgarian Family Code: irretrievable breakdown of the marriage and mutual consent.
Divorce through breakdown of the marriage: Article 49 FC
Each of the spouses is entitled to petition for divorce where there has been a ‘serious and irretrievable breakdown’ of the marriage.
(2) When granting the decree of divorce the court makes a ruling on its own motion on the issue of the fault for the breakdown of the marriage, unless the breakdown is caused by objective factors which cannot be ascribed as the fault of either spouse.
(3) The court does not rule on the issue of fault for the breakdown of the marriage where the spouses so request and they submit to the court their agreement on the custody of any children and access to and maintenance of the children, and also on the division of their property, the use of the matrimonial home, the payment of maintenance and the use of the family name.
(4) A divorce is not allowed where the breakdown of the marriage is due solely to the misconduct of the petitioner and the
Bulgarian Family Lawyer, Divorce, Child Maintenance and Custody
respondent wishes to preserve the marriage, unless there are important reasons why the divorce action must continue.
Divorce by mutual consent: Article 50.FC
Where there is serious and firm agreement between the parties about the divorce, the court allows it without investigating their motives for terminating the marriage. A petition for a divorce by mutual consent cannot be filed until three years after the contraction of the marriage.
Agreement reached by the spouses in a divorce by mutual consent:
Above all else, divorce by mutual consent is a lot cheaper and faster, rather than filing a lawsuit. Such divorce is possible, if one of the parties is Bulgarian citizen.
Both parties must sign an agreement, which may be drafted in couple of languages – it’s imperative, that one of them is Bulgarian. In case of a lawsuit, relevant for the court will only be the one drafted in Bulgarian. An agreement must be reached about all of the following:
The divorce will follow trough by mutual consent.
If there are children, born during the marriage – who will exercise effectively the parental rights, with whom will the children live respectively; what amount of child support is to be payed – child support may not be less then 125 BGN per month for every child.
When will the parent, who’s not effectively exercising the parental rights, be allowed visiting, personal contact, and personal time with the children.
Who will be using the family home, if there is one, and it is located in Bulgaria.
It should be noted, that according to the Bulgarian legislation, unlike other countries, the divorcing parties are entitled to alimony only in specific cases, where one of the parties is unable to work or maintain itself trough estate property, due to medical condition.
Article 51 (1) In a divorce by mutual consent the spouses have to include provisions in the agreement regarding the discharge of parental rights and obligations, their personal relations, and the maintenance of the children, and also their property relations, the use of the matrimonial home, the payment of maintenance and the use of the family name. The agreement is ratified by the court after it is satisfied that the interests of the children have been protected.
(2) Where the agreement is not complete or the interests of the children are not well protected the court sets a term within which these defects should be remedied. If the defects have not been remedied within this term, the divorce petition is dismissed.
Applications for child custody and child maintenance after the termination of a marriage by mutual consent
The parking space is located on the free part of the Building, which is built with building or buildings.
If the building or buildings are built on the basis of a building right, the free areas can be used by the owner of the site, respectively, to be given for use by third parties, including as separate parking spaces. In such a situation are the owners of sites in residential complexes.
So far, there is no extensive practice in Bulgaria for the renting of parking lots as public parking spaces, especially as citizens have a widespread understanding that the construction of the car parks and the infrastructure to them has been financed by the owners of the respective dwellings.
But purely such a practice is possible; as it is possible to rent out as parking lots parts of streets, squares, subways and other municipal property.
In any case, the Art. 64 of the Ownership Act, according to which the owner of an object in the building is entitled to use the land as much as necessary.
But it must be emphasized immediately that the parking of one or more family cars is definitely not a necessity of using land under Art. 64 ЗС.
The legal situation with the regulation of parking places in BULGARIA
If we are faced with a building in superfood mode and the owner has transferred a dealership with a notary deed to a third party “parking” on the empty space before concluding that there is a negligible deal, the will of the parties should be carefully examined.
It is possible in the form of a “parking space” the owner of the UPI to have set up the person the right to build a future garage; and precisely in order for this foundation not to transfer to the other owners an ideal part of the land. However, building with garages is not always possible from an urban point of view.
It is possible in the form of a “parking space” the owner of the UPI to have established the right of use on a real part of the terrain (with a view to using it for parking). Although the right of use under Bulgarian law is inconvenient for its non-transferability, its acquirer is not devoid of interest in acquiring it. There is no legal obstacle to establishing a right to use on a real part of the UPI.
A parking space can also be acquired through a rental agreement, as in the case of a commercial transaction, the principle 10-year limit under Art. 229, para. 1 of the CPA. However, the possibilities for such an interpretation are severely narrowed to cases where the “transfer” of the parking space is indicated by a time limit, and such cases do not actually occur.
Last but not least, we should consider that there is a complete and initial nullity of the order. If the owners of the building or buildings also own the corresponding ideal part of the ownership of the land, the problem of using part of the yard as a parking space should be solved on the floor of the condominium, because the yard will be a common part.
The possibilities for establishing parking rights in a yard – a common part of condominium property, are not large. The only cases where the area of the yard will be sufficient to provide parking space for all owners will be singular. On the other hand, a decision of the general meeting of the condominium can not deprive the owner of his right to use the yard for parking. There is only the possibility – with the unanimous agreement of the owners – to provide for an alternation of usage by days of the week, by months or by years. It is possible (again with unanimity) to agree that a part of the owners who use the parking spaces will pay the others who will not use a rental sum.
In order to avoid a situation where they do not have a parking space reserved for themselves, many clients of “green” dwellings want the latter to be explicitly entered in the deed of their dwelling. Building contractors also do not mind such a practice because the sale of parking places guarantees them considerable profits without much cost.
De lege lata and in view of Art. 38 BC, we can not deny that the yard is predestined for the GENERAL PART of the condominium. Consequently, transactions with the parking lots on the common part will be null and void if the transfer of the parking space takes place in parallel with the transfer of the dwellings, as is the mass practice.
But is it possible to transfer the parking spaces as a right of use, right to build or rent on real parts of the terrain before the developer has begun to transfer the objects to the building and thus establish a condominium? I think it is quite possible.
The law does not require terrain, which will become a common part, not be burdened with limited property rights or lease contracts. With the argument of Art. Pursuant to Article 237 of the IPA, the rented lease agreement would be binding on the acquirers of the condominium.
Therefore, de lege lata there are ways of “acquiring” the parking spaces in the yard before the condominium is built up.
These methods, however, do not coincide with the practice of acquisition by entering in the same title deed which acquires the main object. The very “acquisition” as the end result will be quite different from what is expected from the buyer, paying the parking space. Except when establishing the right to build, it will not become the owner of the parking space, but only a user of a right of use or a long-term lease.
The parking space is located in underground or overground covered parking.
This type of parking space is considered to be 3, that there is no separate object and the deal with them is negligible. Indeed, in this case there is no way to acquire ownership of a real part of the parking lot.
However, I do not think that the case of the nullity is always applicable here. Negligence is an institute, the application of which we must resort to moderation and abstinence, especially in the commercial turnover.
With careful analysis of the outcome of the parties, we will see that the parking lot is a separate object in the non-residential building. This object is not an integral part of its nature or purpose, because it is designed to serve not all but part of the floor owners (the others may not be car owners, have garages on the ground, etc.).
The parties are not aiming to become sole owners of the parking lot, but to use it in general, each “knowing” which part is. In my opinion, from this it follows that the will of the parties is the garage to be PRIVATE.
By purchasing the parking spaces an ideal part of the parking lot is purchased, and in parallel, the real estate is distributed in real way. Upon a subsequent sale of an object in the building we will have to consider it to be transferred as a “parking space” and the ideal part of the parking lot.
To assume that the transfer of the parking space is a negligible transaction would mean allowing the developer and other landlords to invoke this nullification and shake up against the person who has in good faith bought his parking space. This, in turn, will lead to completely redundant disputes.
Still, the adopted construction remains controversial and uncertain in the case law. It is preferable for the parties to exercise extreme caution when acquiring parking rights and to require the transferor to further clarify in the notarial acts what the subject of the transaction is.
Particularly in the case of the acquisition of parking spaces in general (underground) parking lots, it is necessary to examine whether the parking spaces are not envisaged according to the projects for a common part of the condominiums. If they are not, the notary deed must explicitly state that an ideal part of it is acquired. It is even better if, prior to the transfer of the parking space, the developer has prepared and submitted to the future owners a future use agreement accompanied by a parking plan.
For the time being, it is not possible to expect an explicit legal regulation of the parking spaces. It would be nice if it was created. We believe that once a phenomenon has it in practice, it is preferable for the law to regulate it explicitly instead of making it not noticeable.
Most of our clients search a legal advises concerning purchase of properties in “off plan” stage. They need to get a proof the buidling will be completed. The most important on every off plan purchase is to get the USE “permits”, called Certificated for completed construction – Act 16 from the building companies.
This means any consents, permits, verifications, licenses, acts and protocols during the construction works, legal reports andregistrations, necessary for starting and completion the construction works for the Site and its entering into exploitation.
Our legal team in Bulgaria supports foreign clients in handling today’s complex issues, construction process, utilising our industry knowledge and local experience.
We are legal team, who supports our clients, for knowledge of construction fields, experience and resources, to develop and innovate our services and to provide Bulgarian and international companies with advice and assistance tailored to their strategic and practical needs.
This a quite risky, if you do it without expirienced lawyers. Usually there are several things, which needs to be checked. Our construction lawyer would like to suggest you a small list of this checkings, if you would like to be prepared with the constrution companies.
Purchase an off-plan projects & property developments
purchase an off-plan projects & property developments in Bulgaria concerns a properties, for which no Permit to Use (Act Form 16) have been issued.
The regulated stages of an off-plan development are set forth in the laws and regulatory documents. A non-exhaustive list of documents follows below:
Our law office works on issue on planning permission/design Visa – this authorizes developer to draft architectural designs and construction plans for development in accordance with certain statutory parameters for building height, construction density, building layout, etc.
Construction permit – it entitles the developer to start the construction according to the approved architectural, construction technical plans
Opening the construction site and designating the construction line and level (Statement for Start of Construction)
Certificate for completion and approval of shell-and-core construction (Act Form 14)
Certificate acknowledging the compliance of the construction with the statutory rules (Act Form 15)
Permit to Use (Act Form 16)
We do not recommend to buy an off-plan projects & property developments without Construction Permit. This is completly unacceptable.
In practice, a typical transaction for buying off-plan developments involves two stages: signing of a preliminary agreement and signing of a title deed in the presence of a Bulgarian Notary (Notary deed). The transfer of property is completed with the signing of the Notary Deed.
It is advised that the payment for purchase of off-plan property shall be made in installments, and all installments shall be paid after the completion of the relevant development stage and obtaining the statutory certification document.
We do not recommend to start a property projects in Bulgaria, without a professional legal advisor, expirienced in such type of real estates aquisitions & property transactions in Bulgaria.
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International Law Office D.Vladimirov & Partners | Lawyers | Address: 6 Alexander Zhendov Street, 1113 Sofia, Bulgaria Mobile Phone: +359 897 90 43 91 | Fax: +359 2 858 10 25 | Email: email@example.com
The Law Firm represents clients throughout Bulgaria, including the cities of Sofia, Plovdiv, Varna, Burgas, Rousse, Stara Zagora, Pleven, Yablanitsa and etc.
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