For the transfer of ownership of a construction classified as illegal to be possible, the owner must hold a certificate of tolerance for the construction. This certificate certifies that, despite the absence of lawful construction documents, the construction is permissible and tolerated within the meaning of the law.
What Are Illegal Constructions?
Buildings, garages and other types of structures that have been erected without issued construction documents, or with missing or annulled documents, fall into the category of illegal constructions. It is important to note that the existence of a notarial deed or an entry in the cadastre does not legalise these structures. Illegal constructions cannot be the subject of transfer transactions such as sale, donation or exchange. They are also subject to removal or a prohibition on use.
An exception to these rules is, however, allowed for the so-called „tolerable constructions“.
Conditions for Tolerance of the Construction
For a construction to be classified as tolerable and for a certificate of tolerance to be issued, it must meet the following criteria:
- Date of construction: The structure must have been completed by 31 March 2001.
- Absence of construction documents: The necessary building permits and other construction documents must be lacking.
- Compliance with urban development plans: The structure must have been permissible under the detailed urban development plans in force at the time of its construction, or under the current rules and provisions of the Spatial Planning Act (ЗУТ).
Under the provisions, tolerable constructions are not subject to removal or a prohibition on use. Accordingly, they may be the subject of transfer transactions after the presentation of a certificate of tolerance issued by the authorities competent to approve investment projects.
Permissible Activities on Tolerable Constructions
Tolerable constructions that have a permanent development status under the detailed development plan may be subject to the following actions:
- Extensions and superstructures
- Major repairs, reconstructions, conversions
If they are designated for demolition in a development plan, internal conversions and changes of use may be carried out, but without changes to the external outline and without additional reinforcement of the load-bearing structures.
Who May Apply for the Issuance of a Certificate of Tolerance?
An application for the issuance of a certificate of tolerance may be submitted by the owner of the property or the holder of a limited real right to build on it.
Documents Required for the Issuance of a Certificate of Tolerance
For the certificate to be issued, the following documents should be prepared and submitted:
- Application in the prescribed form.
- Document of ownership or document of a real right to build.
- Notarially certified consent from all co-owners, if the property is co-owned.
- Certificate of heirs, in the case of inherited property.
- Notarially certified declaration that the structure was completed before 31 March 2001.
- Certificate from the municipal/district administration that no documents for the construction are kept on file.
- A current sketch of the property (colour copy), issued by the local administration, as well as a cadastral scheme for the land and for the building itself.
- Copies of detailed development plans – those that were valid at the time of construction, and the current ones.
- A geodetic survey by a licensed surveyor.
- A structural opinion with a description of the structure, covering:
- Dimensions, height, areas of the rooms.
- Area and total built-up area.
- Position of the structure relative to other structures on the property.
- Data on permissibility under the relevant construction rules.
- Consents from neighbouring owners, if there are reduced setbacks to the property boundaries.
- Photographs of the building, showing all façades.
- Other documents required by law, depending on the specifics of the site – e.g. an Environmental Impact decision; a decision of the Commission under Article 17, paragraph 1, item 1 of the Agricultural Land Protection Act (ЗОЗЗ) /for agricultural land with a changed designation/; a fire safety opinion for the site from the Regional Fire Safety and Civil Protection Service (РСПБЗН) for category I and II sites; a permit from the Ministry of Environment and Water – River Basin Directorate, and others;.
- Contracts with utility companies for connection to technical infrastructure networks.
- Notarially certified power of attorney, if submitted by an authorised representative.
- Proof of paid fee.
Other documents available to the owner may also be used to certify the year of construction.
Specifics by Municipality
Each municipality has its own requirements for issuing a certificate of tolerance, and some of them have considerably simpler procedures. The Municipality of Sofia and the Municipality of Varna usually apply stricter requirements.
Issuance Process and Time Limits
The issuance of the certificate of tolerance for a construction is the responsibility of the chief architect of the municipality or district. The time limits vary across the different municipalities, but are usually within 14 to 30 days after the submission of all the necessary documents.
Fees for the Certificate of Tolerance
The fees for issuing the certificate also differ depending on the municipality. In Sofia the fee is BGN 250, while in other populated areas the amount of the fee may vary depending on the type of construction (residential or industrial buildings) and its floor area.
If you need legal advice or assistance in connection with the issuance of a certificate of tolerance and the obtaining of documents, contact us on telephone 0887550706, e-mail: [email protected]
