Waiver of the right of ownership may be effected both for real estate and for movable property (for example, a motor vehicle). The waiver may also cover all owned ideal shares of the property or item.

It is important to emphasise that many people mistakenly believe that, upon waiver of ownership of ideal shares in co-ownership, the remaining co-owners automatically acquire those shares. Unlike waiver of inheritance, which leads to the enlargement of the shares of the remaining heirs, in the case of waiver of the right of ownership the ownership passes to the State or the municipality, and not to the remaining co-owners or co-heirs.

How is a waiver of the right of ownership carried out?

A waiver of the right of ownership is effected by means of a special declaration with a notarially certified signature. Certification may be carried out by any notary in the country or, if the person is abroad, by a local notary, with subsequent apostille and legalisation for validity in Bulgaria.

Important: Bulgarian diplomatic and consular missions abroad do not certify such declarations. Nevertheless, they may certify a power of attorney by which an authorised person in Bulgaria may effect the waiver on behalf of the owner.

If the waiver concerns a property or motor vehicle that is matrimonial community property, both spouses must sign a joint declaration of waiver.

Documents required by the notary:

  • A document of title (e.g. a notarial deed, a will, a court judgment on partition, a contract for the purchase of a motor vehicle, etc.).
  • A layout plan and/or a sketch of the property.
  • A declaration of citizenship and civil status on the standard form.

Registration and fees:

The declaration of waiver of the right of ownership over real estate must be registered with the Registry Office at the location of the property. If it is not registered, the waiver is invalid.

  • Fee for registration in the property register: BGN 15.

In the case of waiver of the right of ownership over a motor vehicle, an application for deregistration must be submitted to the Traffic Police (КАТ) within one month after the waiver is effected. In addition, the owner must submit a declaration under Article 54(4) of the Local Taxes and Fees Act to the municipality, in order to terminate the payment of taxes on the vehicle.

Practical problems: Waivers of ownership over a motor vehicle are often made when the vehicle has been handed over to a buyer under a preliminary contract or delivered by power of attorney, but contact with the buyer cannot be established. However, the Traffic Police (КАТ) may refuse a deregistration based solely on a declaration, and municipalities do not close the tax account if there is no deregistration by the Traffic Police (КАТ).

Withdrawal of the declaration: The declaration of waiver may be withdrawn until it is registered in the property register. The withdrawal is effected by a new notarially certified declaration and does not require registration with the Registry Office in order to be valid.

If you need legal advice or assistance with a waiver of the right of ownership or a waiver of inheritance, contact us on tel.: 0887550706 or by e-mail: [email protected]