ACT ON THE BLACK SEA COAST SPATIAL DEVELOPMENT, amend. SG. 103/28 Dec 2017, suppl. SG. 28/29 Mar 2018

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ACT ON THE BLACK SEA COAST SPATIAL DEVELOPMENT

In force from 01.01.2008

Prom. SG. 48/15 Jun 2007, amend. SG. 36/4 Apr 2008, amend. SG. 67/29 Jul 2008, amend. SG. 19/13 Mar 2009, amend. SG. 82/16 Oct 2009, amend. SG. 92/20 Nov 2009, amend and suppl. SG. 45/15 Jun 2012, amend and suppl. SG. 82/26 Oct 2012, amend and suppl. SG. 27/15 Mar 2013, amend. SG. 28/19 Mar 2013, amend. SG. 66/26 Jul 2013, amend. SG. 105/6 Dec 2013, amend. SG. 40/13 May 2014, amend. SG. 98/28 Nov 2014, amend. SG. 9/3 Feb 2015, amend. SG. 61/11 Aug 2015, amend. and suppl. SG. 101/22 Dec 2015, amend. and suppl. SG. 20/15 Mar 2016, amend. and suppl. SG. 36/13 May 2016, amend. SG. 58/18 Jul 2017, amend. and suppl. SG. 96/1 Dec 2017, amend. SG. 103/28 Dec 2017, suppl. SG. 28/29 Mar 2018 

Chapter one.
GENERAL PROVISIONS

 

Art. 1. This act shall provide for the public relations, related to:

1. the conditions and procedure for determining the territorial scope of the Black Sea coast and the coast beach line, the requirements, rules and norms for their planning, use, building and protection;

2. the authorizations and coordination of the activity of the central and territorial bodies of the executive and of the bodies of the local self government, as well as their relations with the natural and legal persons while carrying out the state policy of planning of the Black Sea coast.

3. (new - SG, 27/2013, amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) the conditions for managing the sea beaches for the provision of beach services.

 

 

Art. 2. The basic purposes of the act shall be:

1. creating conditions for protection, sustainable integrated development and planning of the Black Sea coast;

2. (amend. - SG, 27/2013) provision of free access to the sea beaches;

3. protection, preservation and reasonable use of the natural resources;

4. prevention and decreasing pollution of the Black Sea coast;

5. protection of the sea shore from erosion, abrasion and landslide processes;

6. restoration and protection of the natural landscape and the cultural-historical heritage.

 

 

Art. 3. The Black Sea coast shall cover the part of:

1. the territory of the country in the scope of the security zones under Art. 9 and the isles in the internal sea waters and the territorial sea;

2. (amend. - SG, 27/2013) aqua territory of the Black Sea, wide 200M., measured from the coast line.

 

 

Art. 4. (1) (amend. - SG, 27/2013) The nationals shall have the right to free access to the sea beaches.

(2) (amend. - SG, 27/2013) The nationals’ access to the sea beaches shall be provided by provisions of the spatial development plans, including the lot plans for building sites of the technical infrastructure, servicing these territories.

(3) (amend. - SG, 27/2013) To parts of the territory of the sites under Art. 6, Para. 4 and 5 the access of the nationals may be restricted only in the cases, related to the national security and defence of the country, security and control of the state border, preservation of protected territories and sites, in case of danger for their health and life, as well as in other cases, provided by and act.

 

 

Art. 5. (1) The natural and legal persons shall have the right to information on the provisions of the spatial development plans and on the investment activities, carried out on the territory of the Black Sea coast. The information shall be provided under the Act on access to Public Information and through the internet site of the relevant Municipality.

(2) The acts and actions of the central and territorial bodies of the executive and of the bodies of the local self government, related to the development and spatial development of the Black Sea coast shall be public and shall not be classified information, with the exception of the ones, related to the national security and defence of the country.

 

Chapter two.
SEACOAST BEACH LINE. USE

 

Art. 6. (1) The seacoast beach line is a separate territory, consisting of separate sea beaches, part of the sea shore to its belonging aquatory.

(2) (amend. - SG, 27/2013) The sea beach shall be a territory which is a separate part of the seacoast beach line, covered with sand, gravel and other sediments or rock forms as a result of natural or artificially caused processes by human activity of interaction of the sea and the land. To the territory of the sea beach shall also be included the sand dunes, situated behind the beach line or on the sea beach.

(3) The sea beaches shall be exclusive state property.

(4) Public state property, which may not be declared as private shall be:

1. the sea beaches;

2. the shore strengthening and shore protective systems and facilities for protection from harmful impact of the waters, built in properties – state property outside the borders of populated places;

3. the seacoast lakes, lagoons, firths and wet zones, belonging to the sea;

4. the sand dunes;

5. (amend. - SG, 27/2013)the isles, including the ones, created as a result of human activity.

(5) Public municipal property, which cannot be declared as private shall be the shore strengthening and shore protecting systems and facilities for protection from the harmful impact of waters, with the exception of the ones under Para. 4, p. 2.

(6) The site borders under Para. 4 and 5 shall be determined through direct geodesic measurements and shall be reflected in the cadastre map and in the property register under the Act on Cadastre and Property Register.

(7) (Amend. - SG, 27/2013 amend. - SG, 66/2013 in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) For the sites under Parr. 4 and 5, specialized maps, register and information system shall be drawn up under the Act on Cadastre and Property Register. The terms and procedure for awarding, creating and maintaining the specialized maps, the register and information system shall be determined by an ordinance of the Minister of the Regional Development and Public Works.

(8) (New - SG, 27/ 2013 amend. - SG, 66/2013 in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) Where as a result of natural processes of interaction of the sea with land, sea beaches are formed, concerning one or more properties – private property, the part of the concerned properties shall be expropriated under Chapter Three of the Act on the State Property upon proposal of the Minister of the Regional Development and Public Works.

(9) (New - SG, 27/2013) For creation of the specialized maps and registers under Para. 7, the bodies, which by law have been assigned the protection and control of the protected territories and of the protected zones, shall be obliged to provide information and/or to indicate the frames of the sites under Para. 4, p. 3 and 4.

(10) (new – SG 40/14; amend. – SG 98/14, in force from 28.11.2014, amend. – SG 20/16, in force from 15.03.2016) The Minister of Tourism shall announce the amendment of the cadastral map and the cadastral registers subject to compliance with the procedure of Chapter Six of the Cadastre and Property Register Act following the acceptance of the specialised maps of the sea beaches.

(11) (new – SG 40/14; amend. – SG 98/14, in force from 28.11.2014) The Minister of Regional Development and Public Works shall approve the acts for exclusive state property based on the amended cadastre map and the cadastre register of the sea beaches.

 

 

Art. 7. (1) (Amend. and suppl. - SG, 27/ 2013; amend. and suppl. – SG 40/14, amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) The sea beaches or parts thereof with the belonging aquatory shall be maintained and managed through granting of concession under the terms and conditions of the Concessions Act and in compliance with the requirements of this Act. The width of the belonging aquatory, included in the site on concession shall not be more than 200m. The term of the beach concession is up to 20 years.

(2) (Amend. - SG, 27/2013, amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) With the concession for sea beach the concessionaire is entrusted to carry out the water rescue activities, on securing the adjoining aquatory, the health and medical services and the sanitary and hygienic maintenance of the sea beach hereinafter referred to as "compulsory activities", as well as to provide beach services under the terms of the concession contract.

(3) (new - SG, 67/2008, repealed - SG, 27/2013, new - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) The Concessionaire pays the grantor a concession fee under the Concessions Act.

(4) (new - SG, 67/2008, repealed - SG, 27/2013, new - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) Sea beaches or parts thereof, for which no concession has been granted, are managed by the Minister of Tourism.

(5) (Former Para. 3, amend. - SG, 67/2008 amend. - SG, 66/2013 in force from 26.07.2013; amend. – SG 40/14; amend. – SG 98/14, in force from 28.11.2014, amend. – SG 20/16, in force from 15.03.2016, amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) The Minister of Tourism may assign the sea beaches under para. 4 or parts of them for rent for up to 5 years, provided that the estimated value of the lessee's revenue is not greater than the European threshold in the sense of the Concession Act. The lessee of a beach is obliged to carry out the obligatory activities and to pay a rental price. Renting shall be done by auction under the Regulation for Implementation the State Property Act.

(6) (New - SG, 67/2008 amend. - SG, 66/2013 in force from 26.07.2013, amend. – SG 20/16, in force from 15.03.2016) The Minister of Tourism, by an order, may award his/her authorizations under Para. 5 to the relevant Regional Governor.

(7) (New - SG, 67/2008 amend. - SG, 27/2013 amend. - SG. 66/2013 in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, amend. – SG 20/16, in force from 15.03.2016, amend. and suppl. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) The sea beaches, which are not awarded to concession or under rent shall be announce by an order of the Minister of Tourism as not-guarded sea beaches annually by 31 March. The order shall be published on the internet site of the Ministry of Tourism.

(8) (New - SG 20/16, in force from 15.03.2016, suppl. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) For beaches under para. 7, the respective regional governor may propose for approval to the Minister of Tourism a scheme to ensure life guard activities during the summer season. The scheme to be submitted by 30 April of the year concerned. Performing of life guard activity shall be entrusted by the Minister of Tourism and/or by the Regional Governor through a public procurement contract.

(9) (new – SG 27/13, amend. – SG 66/13, in force from 26.07.2013, revoked – SG 40/14, former par. 8, suppl. – SG 20/16, in force from 15.03.2016, amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) The sea beaches with the belonging aquatory within the borders of the protected territories, under the Annex No 2 in the Protected Areas Act, as well as the sea beaches for nature-friendly tourism, included in the Annex shall not be awarded on concession or for rent.

(10) (New - SG, 27/2013, amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) Concession for construction of artificial sea beaches on state property may be awarded under the terms and conditions of the Concessions Act.

(11) (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

 

Art. 8. (Amend. - SG, 67/2008) (1) (amend. - SG, 66/2013 in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, amend. – SG 20/16, in force from 15.03.2016, amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) The Minister of Tourism performs the powers of the concession grantor, opens auctions for rent, concludes and controls the implementation of the rental contracts for sea beaches.

(2) (In force from 01.01.2009, amend and suppl. - SG, 45/2012 in force from 01.09.2012, amend. - SG, 66/2013 in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, amend. – SG 20/16, in force from 15.03.2016, amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) The minimal amount of the concession fee or the rental price for sea beaches shall be defined under methods, adopted by the Council of Ministers upon proposal of the Minister of Tourism. 50% of the sum of the concession fee or the rental price shall be deposited on the Municipality budget, on whose territory the relevant beach is situated under the term and provision of the Concession Act.

(3) (new – SG 40/14, amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) The amount of the concession fee, respectively of the lease price, shall be determined on a by-case basis, taking into consideration the specific characteristics of the sea beach:

1. the urbanisation degree of the adjacent territories, the adjacent tourist infrastructure and the existing technical infrastructure providing access to the sea beach and the location of the sea beach - proximity to national resorts, resort complexes, vacation, summer house and tourist villages, residential places, camping sites and summer house zones or non-urbanised territories;

2. the natural, weather and environmental characteristics, the area and the specific parameters of the sea beach, of the sea coast and the contiguous aquatory.

 

Chapter two "a".
AWARDING CONCESSION FOR SEA BEACH (NEW – SG 27/2013, REVOKED - SG 96/17, IN FORCE FROM 02.01.2019, AMEND. ON THE ENTRY INTO FORCE - SG 103/17, IN FORCE FROM 01.01.2018)

 

Art. 8a. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

 

Art. 8b. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8c. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8d. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8e. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8f. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8g. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8h. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8i. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8j. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8k. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8l. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8m. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8n. (New - SG, 27/2013, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

 

Art. 8o. (new – SG 20/16, in force from 15.03.2016, revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

Chapter three.
ZONES FOR TERRITORIAL STRUCTURAL PROTECTION

 

Art. 9. On the territory of the Black Sea coast, the following security zones shall be established:

1. "A" zone with regime of special territorial structural protection;

2. "B" zone with specific characteristics of the territory and special regime for protection of the territorial and aquatorial resources.

 

 

Art. 10. (1) (Amend. - SG, 27/2013; suppl. – SG 40/14) "A" Zone shall cover the part of the aquatory of Black Sea under Art. 3, p. 2, the coastal beach line and part of the territory, falling in a line of width of 100 m. outside the territories of the residential places, measured horizontally from the borders of the sea shore or the sea beaches.

(2) In "A" zone the following shall be banned:

1. (repealed. - SG, 27/2013)

2. construction of solid fences;

3. building fences, restricting the free walking access to the sites under Art. 6, Para. 4 and 5, apart from the cases under Art. 4, Para. 3;

4. searching, exploring and exploitation of natural minerals and ores, with the exception of the activities, related to exploration of healing mud, salt, mineral waters and building of geological protective, shore protective and shore strengthening facilities;

5. discharging unclean waste waters, where the quantity and quality of the unclean waters shall meet the requirements for individual emission restrictions, indicated in the permit for discharging , issued under the requirements of the Act on Waters;

6. construction and exploitation of depots and other facilities and installations for use and treatment of waste;

7. use of products for plant protection and mineral fertilizers with the exception of the registered biological products for plant protection and fertilizers;

8. development of industries, emitting pollution substances, indicated in the Annex I of the Convention of the Protection of the Black Sea against Pollution.

9. (new – SG 20/16, in force from 15.03.2016, revoked – SG 36/16)

(3) In "A" zone outside the territory of the sea beaches, the following shall be permitted:

1. construction of ports and port facilities, of shore strengthening, shore protecting and geological protecting facilities, of waste water treatment plants, as well as other sites of the technical infrastructure, needed for service if the urban territories, not falling in the bans under Para. 2;

2. construction of other sites, apart from the ones, indicated in p. 1, while observing the following norms for each land property:

a) (amend. - SG, 27/2013 in force from 16.03.2015; amend. – SG 40/14, in force from 16.03.2015) density of construction (Dconst.) – up to 20%;

b) (amend. - SG, 27/2013 in force from 16.03.2015; amend. – SG 40/14, in force from 16.03.2015) Intensity of construction (Iconstr.) – up to 0,5;

c) (amend. - SG, 27/2013 in force from 16.03.2015; amend. – SG 40/14, in force from 16.03.2015) minimal green area (Agrean)– minimum 70%, where half of it must be provided for trees;

d) (amend. - SG, 27/2013 in force from 16.03.2015; amend. – SG 40/14, in force from 16.03.2015) character of construction – law, with height up to 7.5 m;

3. (amend. - SG, 27/2013; amend. – SG 40/14) placing of:

a) movable facilities for commercial, entertainment and other service activities whereby in the zoned lands, the development indicators established in the detailed spatial development plan - construction density, construction intensity ratio - may not be exceeded and the established minimal green area may not be reduced;

b) components of urban facilities - public transport stops, benches, lighting fixtures, , waste collection containers, water taps, fountains and clocks;

c) advertisement, information and monumental or decorative elements under terms and procedures specified in a local council regulation.

4. (amend. - SG, 27/2013) carrying out the activities under Para. 4, p. 5-8, as well as other activities, not falling in the bans under Para. 2;

5. construction of under water or sailing sites in the aquatory under Art. 3, p. 2, related to the tourist functions of the sea coast.

(4) On the territory of the sea beaches shall be allowed:

1. (amend. - SG, 67/2008) placement of beach facilities, by providing not less than 50% of the active beach area for free placement of beach facilities on behalf of the visitors;

2. (amend. – SG 40/14) placement of movable sites and facilities for:

(a) carrying out the obligatory activities on the sea beach;

(b) sports and entertainment activities and fast service facilities;

3. construction of technical infrastructure, needed for use of the sites under p. 2, as well as for the needs of the national security and defence of the country and for provision of safety of ship sailing;

4. construction of shore strengthening, shore protective and geodesic protective facilities;

5. realization of landscape and park structuring events;

6. (amend. - SG, 19/2009 in force from 10.04.2009) carrying out specialized activities on protection of single and group cultural values;

7. carrying out studies, related to protection of the environment;

8. (new - SG, 27/2013; suppl. – SG 40/14) construction of underground pipes, networks and facilities of the technical infrastructure, where there is no other technical option or when another technical solution is clearly economically unfeasible.

(5) (new - SG, 27/2013; revoked – SG 40/14).

(6) (new - SG, 27/2013) the zone of the active beach area under Para. 4, p. 1 for free placement of beach facilities on behalf of the visitors shall be equal as an access to the sea with the zones with placed by the concessioner beach facilities, which he provided for payment to the visitors of the sea beach. The zone shall be signaled on the sea beach and on the signs, placed by the concessioner on the relevant sea beach.

(7) (Former Para. 5 - SG, 27/2013; amend. – SG 40/14) The sites under Para. 4, item 2, sub-item “b” may occupy in total up to 2 per cent of the area of the sea beach.

(8) (new - SG, 27/2013; amend. – SG 40/14) To the fast food sites under Para. 4, item 2, sub-item “b” use of additional trade area on the sea beach shall be admitted outside the area under Para. 7, which shall not occupy more than 2% of the sea beach area.

(9) (new – SG 40/14) In cases referred to in par. 7 and 8 the area of shifting (white) dunes, fixed dunes with herbaceous vegetation and wooded dunes shall not be included in the beach area.

(10) (Former Para. 6 - SG, 27/2013; prev. par. 9 – SG 40/14) The territories from "A" zone, falling within the borders of protected territories or of protected zones shall keep their regimes of protection, use and management, determined under the Act on the Protected Territories and of the Act on the Biological Diversity.

(11) (new – SG 20/16, in force from 15.03.2016) On the territory of the sea beaches for environmentally friendly tourism activities under par. 4, item 2, letter "b" and item 8 shall be prohibited.

 

 

Art. 10a. (New - SG 36/16 (*)) In zone "A" shall be permitted camping outside categorized campgrounds under conditions and in order, specified in the Tourism Act and the specific rules and regulations, stipulated by other laws.

 

Art. 11. (1) "B" zone shall cover the territories, falling in the line with width 2km from the borders of "A" zone, with the exception of the urban territories of the populated places, determined on the date of the enforcement of the act.

(2) In "B" zone the following shall be banned:

1. construction and exploitation of depots and other facilities and installations for use and treatment of waste;

2. discharging of untreated waste waters, where the quantity and quality of the treated waters must meet the requirements for individual emission restrictions, indicated in the permit for discharge, issues under the requirements of the Act on Waters;

3. us of products for plant protection and mineral fertilizers with the exception of the registered biological products for plant protection and fertilizers;

4. development of industries, emitting polluting substances, indicated in Annex I of the Convention for the Protection of the Black Sea against Pollution.

(3) The territories of "B" zone, falling in the borders of protected territories or of protected zones, shall keep their regimes of protection, use and management, determined by the Act on Protected Territories and of the Act on the Biological Diversity.

 

 

Art. 12. In "B" zone shall be permitted carrying out activities, not falling in the bans of Art. 11, Para. 2 and 3 and construction, related to:

1. creating new or extension of the borders of populated places, resorts and resort complexes while observing the following norms for each regulated land property:

a) density of construction – by 30%;

b) intensity of construction – by 1,5;

c) minimal green area – 50%, where the half of it must be provided for trees;

d) character of construction – middle, of height up to 15 m;

2. establishing new or extension of the borders of the holiday villages while observing the following norms for each regulated land property:

a) density of construction – by 30%;

b) intensity of construction – by 1,2;

c) minimal green area – 50%, where the half of it must be provided for trees;

d) character of construction – low, of height up to 10 m;

3. establishing new or extension of the borders of the villa zones while observing the following norms for each land property:

 

a) density of construction – by 40%;

b) intensity of construction – by 0,8;

c) minimal green area – 50%, where the half of it must be provided for trees;

d) character of construction – low, of height up to 7,0 m;

4. construction of sites, networks and facilities of the technical infrastructure, not falling in the bans under Art. 11, Para. 2.

 

 

Art. 12a. (New - SG, 27/2013) Structuring and construction of land properties, parts of which fall in both "A" and "B" zones shall be defined by a detailed structuring plan – plan for regulation and construction. In compliance with the structure zone in which falls the part of the land property with the plan for regulation and construction in the borders of regulated land property shall be defines as sub-zone in the scope of security "A" zone with limited indicators of construction under Art. 10, Para. 3 and sub-zone in the scope of security "B" zone with limited indicators for construction under Art. 12. The admitted construction in each of the zones shall be defined on the basis of the are of the land property, falling in the relevant sub-zone.

 

 

Art. 13. (1) The construction permits for building of the permitted sites in "A" zone and in "B" zone shall be issued in case of available necessary technical infrastructure for energy supply, water supply for discharging and treatment of waste waters, as well as for collection and treatment of household and construction waste.

(2) In case of lack of technical infrastructure under Para. 1, it may be constructed in the conditions and procedure of Art. 69 of the Spatial Development Act.

(3) (Amend. - SG, 27/2013, amend. - SG, 66/2013, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, amend. – SG 20/16, in force from 15.03.2016) Placement of movable sites and facilities on the territory of the sea beaches, including the used additional trade area under Art. 10. Para. 8 and on the territory of the national resorts shall be permitted by the Chief Architects of the Municipality on the basis of a scheme, approved by the Minister of Tourism.

(4) (New - SG, 27/2013; amend. – SG 40/14) Within zone "B it shall be admissible to place:

1. movable facilities for commercial, entertaining and other service activities; in the zoned lands the development indicators established in the detailed spatial development plan - construction density, construction intensity ratio - may not be exceeded and the established minimal green area may not be reduced;

2. moveable urban facilities - public transport stops, benches, lighting fixtures, waste collection containers, water taps, fountains and clocks;

3. advertisement, information and monumental or decorative elements under terms and procedures specified in a local council regulation.

In regulated land properties in "B" zone shall be admitted placement of movable sites, if they do not exceed the established in the detailed structure plan structure indicators – density of construction, coefficient of intensity of construction and the determined minimal green area is not decreased.

(5) (New - SG, 27/2013) The movable sites and facilities under Para. 3 shall be connected with the existing networks and facilities of the technical infrastructure with temporary connections, which shall be entered in the permit for placement under Art. 56, Para. 2 of the Spatial Development Act.

(6) (New - SG, 27/2013; amend. – SG 40/14; amend. – SG 101/15) The movable objects and facilities on the territory of the sea beaches, as well as the ones located in zone "A" and zone "B", which do not meet the provisions of Para. 3 and 4 and Art. 10, Para. 3, p. 3 shall be removed following the procedure described in Art. 57a of the Spatial Development Act.

(7) (New - SG, 27/2013) The permits for placement of the movable sites and facilities on the sea beaches shall be issued once for the term of the concession or rent and shall be valid by the end of the concession term – or rent term or by any change of the scheme under Para. 3.

 

 

Art. 14. (1) The state and municipalities shall provide transport connections with Republican or local roads, as well as pedestrian and bike alleys to the sea beaches in compliance with the provision of the Act on Roads.

(2) The sites for transport connection and for pedestrian and bike movement shall be defined by a detailed structure plan for the relevant territory of the Municipality.

(3) Owners of immovable properties, through which the detailed structure plan envisaged passing of sites for walking movement shall establish right to passing in favour of the relevant Municipality under Art. 192, Para. 1 of the Spatial Development Act within 3 month term after the enforcement of the plan.

(4) In case of a refusal of the owners to establish right to passing within the term under Para. 3, the property or part of it shall be expropriated in favour of the relevant Municipality under the conditions and procedure of the Act of the Municipal Property.

 

 

Art. 15. (Suppl. - SG, 27/2013; amend. – SG 40/14) (1) Carrying out construction and engineering works in the national resorts along the Black Sea coast shall be prohibited from 15 May until 1 October.

(2) Beyond the cases referred to in para. 1 the period and the territories along the Black Sea coast in which construction and engineering works are prohibited shall be determined by the local council upon proposal by the mayor of the municipality. The decisions of the local council shall be adopted on an annual basis not later than 1 March of the respective year and shall be published on the Internet page of the municipality.

(3) Should the local council fail to adopt a decision within the term under par. 1, the implementation of construction and engineering works in the resort territories of residential places, resorts, resort complexes, vacation villages (summer-house and tourist settlements) and the camping sites along the Black Sea coast shall be prohibited from 15 May to 1 October.

(4) Exceptions from par. 1, 2 and 3 shall be allowed only for emergency maintenance works and geo protection measures and activities.

 

 

Art. 16. (1) (Amend. - SG, 27/2013) The improved structural plans for territories, falling in "A" zone and in "B" zone shall be adopted by the municipal expert council of structure of territory.

(2) (Amend. - SG, 36/2008, amend. - SG, 27/2013, amend. – SG, 58/17, in force from 18.07.2017) The council composition under Para. 1 shall include obligatorily representatives of the regional services of the Ministry of Environment and Waters, the Ministry of Agriculture, Foods and Forestry, the Ministry of Health, representatives of the Ministry of Defence, the Ministry of Interior, the Ministry of Transport, Information Technologies and Communications and of the relevant Regional Governor, one representative of the Chamber of Architects in Bulgaria and of the Chamber of Engineers in the investment design and representatives of the municipal administration, determined by the order of the Municipality Mayor under Art. 5, Para 4 of the Spatial Development Act.

(3) (Amend. - SG, 10/2009, amend. - SG, 19/2009 in force from 10.04.2009, amend. - SG, 92/2009, in force from 20.11.2009, repealed - SG, 27/2013)

(4) (Repealed - SG, 27/2013).

 

 

Art. 17. (1) (Former text of Art. 17, amend. - SG, 27/2013) Change of the function of farm land and land properties in the forest territories, falling in "A" zone and in "B" zone for creating or extension of urban territories or construction of separate or of group land properties shall be permitted only if this has been provided by an enforced general structural plan for the relevant territory of the Municipality and approved under and approved detailed spatial plan under the Spatial Development Act.

(2) (New - SG, 27/2013) Apart from the cases under Para. 1, change of the function of the farm lands and land properties in the forest territories shall be carried out on the basis of an enforce detailed spatial plan for:

1. sites of national significance;

2. national sites in the meaning of the Act on State Ownership;

3. sites of national significance;

4. municipal sites of first level significance;

5. sites – public ownership;

6. (announced to be anti-constitutional by a Decision of the CC No. 12/13 - SG 105/2013) sites with certificate for class investment under the Act on Encouragement of Investments;

7. sites of the technical infrastructure;

8. special sites, related to defence and security of the country;

9. sites in regions for targeted support by the state under the Act on Regional Development on the basis of a Municipal council decision;

10. immovable cultural values.

 

 

Art. 17a. (New - SG, 27/2013) (1) (amend. – SG 40/14) Construction and placement of movable sites and facilities, change of function and establishment of restricted property rights over the shifting (white) sand dunes, fixed dunes with herbaceous vegetation (grey dunes) and wooded dunes falling in the borders of "A" zone, "B" zone or in the urban territories of the populated areas after the borders of "A" zone shall be banned, apart from the cases, where by an enforced detailed spatial plan, construction has been envisaged of:

1. sites of national significance;

2. (announced to be anti-constitutional by a Decision of the CC No. 12/13 - SG 105/2013; amend. – SG 40/14) underground line facilities of the technical infrastructure not falling within item 1 and 3 - where there is no other technical option or where another technical solution is apparently economically unfeasible;

3. special sites, related to defence and security of the country.

(2) The bans under Art. 10, Para. 2 and Art. 11, Para. 2 shall also apply to the sites under Para. 1.

 

Chapter four.
SPATIAL DEVELOPMENT OF THE SEACOAST

 

Art. 18. (1) Spatial development of the Black Sea coast shall be carried out on the basis of:

1. (amend. - SG, 82/2012, in force from 26.10.2012) the concepts and schemes for spatial development under the Spatial Development Act;

2. (amend. - SG, 27/2013) general spatial development plans for the whole territory of the municipalities under Art. 3, p. 1;

3. detailed spatial development plans of the municipalities under Art. 3, p. 1 for:

a) existing urban territories;

b) new urban territories, envisaged on the relevant general spatial development plan, including territories of "A" zone and "B" zone;

4. (amend. - SG, 27/2013) specialized detailed spatial development plans under Art. 111 of the Spatial Development Act.

(2) The plans under Para. 1, p. 2 – 4 shall contain rules and norms for their application.

(3) The plans under Para. 1, p. 2 and 3 shall be coordinated with the rules and provision of the Spatial Development Act and the acts of secondary legislation for its application, unless they contradict this act.

(4) (Amend. - SG, 82/2012, in force from 26.10.2012) The requirements for the volume, contents, technical fulfillment and development of the plans under Para. 1 shall be determined by the Ordinance under Art. 117 of the Spatial Development Act.

 

 

Art. 19. (1) (Amend. - SG, 82/2012, in force from 26.10.2012) The scope and contents, as well as the conditions and procedure for asigning, development, adopting and applying the conceptions and schemes of the spatial development shall be determined by the Spatial Development Act.

(2) (Amend. and suppl. - SG, 27/2013, amend. - SG, 66/2013, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) Assigning of development of the general spatial development plans under Art. 18, Para. 1, p. 2, as well as their amendments shall be carried out by the Minister of Regional Development and Public Works or the municipality Mayor after coordination with the Minister of Regional Development.

(3) (Amend. - SG, 66/2013, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The general spatial development plans under Para. 2 shall be adopted by the National expert council on spatial development and regional policy upon proposal of the relevant Municipal council and shall be approved by an order of the Minister of Regional Development and Public Works, which shall be published in the State Gazette. The order for approval of the plan shall be final and shall not be subject to appeal.

(4) Creating, coordination, announcement, adoption and approval of the improved spatial development plans under Art. 18, Para. 1, p. 3, as well as their amendments shall be carried out under the conditions and procedure of the Spatial Development Act.

(5) (Amend. - SG, 82/2012, in force from 26.10.2012) The approval of the plans under Para 2 and 4 shall be carried out after conducting the procedures for ecological assessment under the Act on Protection of the Environment. The ecological assessment shall be part of the relevant plan.

 

 

Art. 20. (repealed. - SG, 82/2012, in force from 26.10.2012)

 

 

Art. 21. (1) The general spatial development plans for the municipality territories under Art. 2, p. 1, as well as the rules and norms for their application shall determine:

1. (new - SG, 82/2012, in force from 26.10.2012) the general structure of the territory and the spatial development requirements to the development of the territory and aquatory;

2. (new - SG, 82/2012, in force from 26.10.2012) the territories for carrying out economic activity;

3. (new - SG, 82/2012, in force from 26.10.2012) the sites of the technical infrastructure of national and regional significance;

4. (new - SG, 82/2012, in force from 26.10.2012) the events for protection of the environment, biological diversity, the natural resources and cultural values;

5. (new - SG, 82/2012, in force from 26.10.2012) the territories and aquatories with restriction regimes of spatial planning and construction;

6. (new - SG, 82/2012, in force from 26.10.2012) general regime for use of waters, forest, land and recreation resources;

7. (amend. - SG, 82/2009 , in force from 16.10.2009, former p. 1 - SG, 82/2012, in force from 26.10.2012, amend. - SG, 66/2013, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014; amend. - SG 9/15, in force from 03.03.2015) limit admissible recreation capacities of the resort populated areas and village formations, resorts, resort complexes, holiday villages and villa zones on criteria, determined by an ordinance of the Minister of Health, the Minister of Regional Development and Public Works, the Minister of Environment and Waters and the Minister of Tourism;

8. (amend. - SG, 19/2009, in force from 10.04.2009, former p. 2 - SG, 82/2012in force from 26.10.2012) the needed events for shore strengthening, protection, recreation and improvement of the aesthetic qualities of the territories, the measures fir protection and recreation of the nature of the landscape and the cultural values;

9. (former p. 3 - SG, 82/2012, in force from 26.10.2012) the territories and zones, in which no new construction and extension of the construction limits of the existing urban territories is not admitted;

10. (former p. 4 - SG, 82/2012, in force from 26.10.2012) the spatial development rules and norms for construction of existing and future urban territories;

11. (former p. 5 - SG, 82/2012 in force from 26.10.2012) the urban, farm, forest and violated territories;

12. (former p. 6 - SG, 82/2012, in force from 26.10.2012) the territories, which will be constructed as sea shore parks and gardens;

13. (former p. 7 - SG, 82/2012, in force from 26.10.2012) the specific requirements, rules and norms for spatial development and aquatory.

(2) The general spatial development plans for the municipality territories under Art. 3, p. 1 shall reflect:

1. the borders of the seashore beach line, defined under Art. 6;

2. the borders of the zones under Art. 10, 11 and 12;

3. the territories of the protected and recreation forests;

4. the territories of the protected territories and protected zones;

5. (amend. - SG, 19/2009, in force from 10.04.2009) the territories and parts of the aquatory having status of cultural values;

6. the borders of the territories with restricting regime, submitted to requirements, related to security and defence of the country, including security and control of the state border.

 

 

Art. 22. (1) (Amend. - SG, 27/2013, suppl. - SG 28/18) To the general and detailed spatial development plans under Art. 18, Para. 1, p. 2 and 3, specialized schemes for the belonging aquatory shall be developed in accordance with the provisions of the Maritime Spatial Plan of the Republic of Bulgaria.

(2) (Amend. - SG, 27/2013.) The schemes under Para. 1 shall define the zones for:

1. (amend. - SG, 27/2013) sanitary security;

2. development of water sports;

3. underwater archaeology and underwater tourism;

4. (amend. - SG, 28/2013) shore strengthening, shore protecting and geological protecting facilities, as well as for other facilities or sites, related to the tourist function of the seashore and the economic fishing;

5. carrying out activities, related to the national security and defence of the country.

(3) (Amend. - SG, 27/2013) Schemes under Para. 1 shall be adopted and approved as part of the general and detailed spatial development plans under Art. 19, Para. 3 and 4.

 

Chapter four "a".
FINANCING AND CONTROL (NEW – SG, 27/2013)

 

Art. 22a. (New - SG, 27/2013) (1) (amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) The revenues from concession fees and from rents of sea beaches shall be distributed as follows:

1. (amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) 50% of the sum of the concession fee and 50% of the rental price shall be transferred to the budget of the municipality, on whose territory is the relevant beach; the municipality shall report on its budget the transferred sum of concession fee as revenue from concessions;

2. (suppl. – SG 40/14, amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) 10% of the rental price, of the concession fee respectively, shall be transferred to the regional budget, on whose territory is located the relevant beach.

(2) (amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) The money from concession fees and rents of sea beaches, as well as from defaults, guarantees and compensations shall come in as revenue to the budget of the relevant Ministry or institution.

(3) (revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

(4) (amend. – SG 40/14) The received revenues under Para. 1, p. 2 shall be spent for:

1. conducting procedure for letting for rent sea beaches;

2. control on the implementation of the signed contracts for rent of sea beaches;

3. (suppl. – SG 20/16, in force from 15.03.2016) placement of warning signs and sanitary-hygiene maintenance of the unguarded beaches, located on the territory of the relevant municipality of the region, for which there have not come any revenues under Para. 1, p. 1, and of the sea beaches for ecological tourism as well;

4. (amend. – SG 98/14, in force from 28.11.2014, amend. and suppl. – SG 20/16, in force from 15.03.2016) provision of life-guard activites on sea beaches declared unguarded during the respective summer season pursuant to a scheme approved by the Minister of Tourism, proposed by the regional governor, and on the sea beaches for ecological tourism as well.

(5) (amend. - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018) Financing of the activities on granting the sea beaches on concession shall be carried out under the Act on Concessions.

 

 

Art. 22b. (New - SG, 27/2013) (1) The current control on the implementation of the rental contracts of the sea beaches shall include periodic control of the fulfillment of the rent conditions of the tenant under the rental contract in compliance with the provisions in it.

(2) The current control for the implementation of the signed rental contracts shall be carried out by the body, which has signed the relevant rental contract.

 

 

Art. 22c. (New - SG, 27/2013) (1) Depending on the number of the controlled rental contracts, on the type of the rented sites and on their location, the body, which organized the control on their implementation shall appoint 1 or more commissions for control.

(2) The body under Para. 1 shall issue an order, which shall determine:

1. the commission chairperson and deputy chairperson;

2. the names of the other commission members.

(3) In the commission composition shall not participate a person, who:

1. has material interest from the rent – subject to the commission control;

2. is related person in the meaning of the Commercial Act with a tenant, who is party of the contract – subject of the commission control or his/her sub-party.

 

 

Art. 22d. (New - SG, 27/2013) (1) The control commission shall adopt rules for its operation, which shall be confirmed by the body, which has appointed it.

(2) The control commission shall hold meeting under a schedule, confirmed by the body, which has appointed it.

(3) The control commission shall meet, where more than half of its members are present and shall adopt its decision with majority of more than half of its members.

 

 

Art. 22e. (New - SG, 27/2013 ) (1) The control commission shall have the following functions:

1. carries out checkups and analyses of the documents for reporting the results of the implementation of the tenant’s duties, determined by the rental contract;

2. carries out planned checkups on site on the basis of preliminary approved schedule;

3. carries out extraordinary checkups on site – if needed;

4. makes proposals to the body, which organizes the control on the rental contract;

5. adopts decisions on other issues, related to the implementation, amendment and termination of contracts;

6. refers the competent bodies – in case of found failure of fulfillment of normative requirements;

7. offers to the body, which organizes the control on the implementation of the rental contract, assignment to third persons the fulfillment of certain expert or technical activities, related to the control activity.

(2) While carrying out their activity, the control commission members shall have the right to:

1. free access to the rented sites, subject to control;

2. request and check documents, data, information and references, related to the implementation of the rental contract;

3. request from the checked persons written explanations, related to the implementation of the rental contract.

 

Chapter five.
ADMINISTRATIVE ENFORCEMENT AND ADMINISTRATIVE PUNITIVE PROVISIONS (TITLE AMEND. - SG 20/16, IN FORCE FROM 15.03.2016)

 

Art. 22f. (New – SG 20/16, in force from 15.03.2016) (1) The Minister of Tourism or officials authorized by him/her shall implement administrative enforcement in cases where:

1. the unrestricted and free-of-charge access to a sea beach is restricted;

2. the area of the beach for free placing of beach accessories by visitors and/or its equivalent access to the sea is restricted;

3. the permissible area for movable objects and/or additional retail space taken from the surface of the sea beach is exceeded.

(2) The application of administrative enforcement shall be done with a reasoned order by the Minister of Tourism or by officials authorized by him/her.

(3) In the order as per par. 2 shall be defined the type of administrative enforcement implemented and the method of its implementation.

(4) The order for the implementation of administrative enforcement shall be subject to immediate execution.

(5) The order under par. 2 may be appealed by the concerned parties under the Administrative Procedure Code.

(6) The appeal of the order under par. 2 shall not stop its execution.

 

Art. 23. (Amend and suppl. - SG, 27/2013) For breaking the provisions of Art. 10, 11, 12, 15, 17 and of § 3, natural persons shall be punished by a fine of the amount of BGN 1000 to 10 000, and the sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 10 000 to 50 000, if they are not subject to heavier punishment.

 

 

Art. 24. (1) Any natural person, who restricts the free access to a sea beach or sets charges for this shall be punished by a fine of BGN 3000 to 6000, and in a repeated breach – up to BGN 12000.

(2) For breaches under Para. 1, committed by legal persons or sole traders, a property sanction shall be imposed in the amount of BGN 6000 to 12000, and in a repeated breach – up to BGN 24000.

 

 

Art. 24a. (New - SG, 27/2013) For production of sand from the sea beaches and sand dunes, the natural persons shall be punished by a fine of BGN 500 to 5000, and the sole traders and legal persons shall be imposed by a property sanction in the amount of up to BGN 10000, if they are not subject to a heavier punishment.

 

 

Art. 24b. (new - SG 101/15) (1) The mayor of the municipality shall be imposed a fine of BGN 1 000 to 5 000 for failing to fulfill the obligation under Art. 13, para 6.

(2) The acts establishing the administrative violations under para 1 shall be drawn up by officials of the National Construction Control Directorate, and the penal decrees shall be issued by head of the National Construction Control Directorate or by official, authorized by them.

 

Art. 25. (1) (Amend. - SG, 27/2013) The instruments for establishing breaches under this act, unless another act provides otherwise ,shall be drawn up by:

1. officials from the relevant municipal administrations, determined by the Municipality Mayor;

2. (amend. - SG, 66/2013, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) officials, determined by the Minister of Regional Development and Public Works;

3. (amend. - SG, 66/2013, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) officials, determined by the Regional Governors in the cases, in which the Regional Governors have been authorized by the Minister of Regional Development and Public Works.

4. (new – SG 20/16, in force from 15.03.2016) officials, appointed by the Minister of Tourism - for violations under Art. 10, para. 4, 6, 7, 8 and 11, Art. 24 and 24a.

(2) (Amend. - SG, 27/2013) The penal decrees shall be issued by:

1. the Municipality Mayor;

2. (amend. - SG, 66/2013, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) the Minister of Regional Development and Public Works or officials, authorized by him/her;

3. the Regional Governors – in the cases in which the instruments for establishing administrative breaches have been drawn up by the officials under Para. 1, p. 3.

4. (new – SG 20/16, in force from 15.03.2016) the Minister of Tourism or officials authorized by him/her - for violations under Art. 10, para. 4, 6, 7, 8 and 11, Art. 24 and 24a.

(3) Establishing of breaches, issuing, appealing and implementation of the penal decrees shall be carried out under the Act on the Administrative Breaches and Punishments.

 

Additional provisions

 

§ 1. In the meaning of this act:

1. (revoked - SG 96/17, in force from 02.01.2019, amend. on the entry into force - SG 103/17, in force from 01.01.2018)

2. "Sea shore" is a narrow line of land on the contact and interrelation between the land and the sea. It consists of underwater and above the water part and is characterized by various transverse profile, developed close by the shore line, in the water and land.

3. (new - SG, 27/2013 ) "Shore line" is the line of crossing the surface of the land with the level of the water at the moment of measurement.

4. (new - SG, 27/2013; amend. – SG 40/14) "Sand dunes" are formations resulting from the accumulation of sand as a result of the interaction of sea, land and wind. The basic types of dunes are emerging movable dunes, movable (white0 dunes, immovable dunes with grass (grey dunes) and dunes, covered with plants.

5. (new - SG, 67/2008, former p. 3 - SG, 27/2013) "Active beach area" is the area of sea beach, which is used:

a) for carrying out the obligatory activities;

b) (amend. – SG 40/14) for placement of movable facilities;

c) by the visitors of the beach for: placement of paid and not paid (personal) beach facilities; free walking movement on the territory of the beach, including on movable pedestrian paths, comfortable use of the movable sites and facilitating movement and use of the beach services by disabled people.

6. (new - SG, 67/2008, former p. 4 - SG, 27/2013) "Beach items" are umbrellas, lounges, beddings, beach mattresses, etc, used by the visitors of the sea beach.

7. (new - SG, 27/2013; amend. – SG 40/14) "Additional trade area" is part of the sea beach area around movable fast food facilities under Art. 10, Para. 4, p. 2, on which are admitted movable stages and tents, umbrellas, pavilions and other foldable facilities protecting from the sun with tables and chairs for consummation.

8. (new - SG, 27/2013) "Water attraction services" are the service, related to use of sailing vessels for sport, tourism and entertainment for payment and provided under Art. 5, Para. 4 of the Act on Sea Areas, Internal Water Ways and Ports of the Republic of Bulgaria.

9. (new – SG 20/16, in force from 15.03.2016) “Sea beach for ecological tourism" is a sea beach, included in the Annex to Art. 7, para. 9, which in view of the natural resources available needs to be saved through conservation of biodiversity and of ecosystems with wise use of natural resources, and on whose territory business activities shall be prohibited.

 

 

§ 2. For unsettles issues in Chapter Three, Four and Five shall be applied the provision of the Spatial Development Act.

 

Transitional and concluding provisions

 

§ 3. Heads of trade companies and undertakings under Art. 1, Para. 3 of the Commercial Act on the territory of the Black Sea shore, who in their production activity emit hazardous substances, included in Annexes I and II of the Convention for Protection of Black Sea against Pollution, shall undertake the needed measures for restriction of their emitting in the relevant norms, by developing programmes which are submitted to confirmation by the Minister of Environment and Waters or under Chapter Seven, Section II of the Act on Protection of the Environment, not later than 1 year after the enforcement of this act.

 

 

§ 4. The general spatial development plans in force in the scope of which fall the spatial development zones under this act shall be complied with the requirements of Art. 10, 11, 12 and 21 within the term of 2 years after the enforcement of this act.

 

 

§ 5. (1) The bans under Art. 10, Para 2 and Art. 11, Para. 2 shall not apply to the legally constructed and permitted sites, as well as to approval of investment designs on acting detailed spatial development plans.

(2) The illegally constructed sites on the territory of the sea beaches and of the sites under Art. 4, Para. 2, p. 1 shall be removed by the persons, who have built them within 1 month term from the enforcement of the act, where the building places shall be re-cultivated by them after removal of the sites.

(3) After expiry of the term under Para. 2 the sites shall be removed within 6 month term by the bodies of the Directorate for national construction control under the conditions and procedure of the Spatial Development Act.

 

 

§ 6. The approval of the plans under Art. 18, Para. 1, p. 3, which on the date of the enforcement of this act have been introduced for announcement, adoption and approval under Act. 128 of the Spatial Development Act shall be finalized under the current procedure by in observation of the requirements of this act.

 

 

§ 7. The signed by the enforcement of this act concession contracts for parts of the seashore beach line shall be complied with the provision of this act and of the Concession Act, as follows:

1. for the sea beaches, which are outside the construction borders of the urban territories and for which there are not enforced detailed spatial development plans, the concession contracts shall be complied with the conditions of the concession for service;

2. for the sea beaches, which fall thoroughly or partially in the construction borders of the urban territories, for which there are enforce detailed spatial development plans and in whose borders are also included other territories, the concession contracts shall be complied with the conditions of the concession for service, and the provision of the detailed development plans shall be included under Art. 70, Para. 3, p. 3 of the Concession act as duty for additional investment on behalf of the concessioner, which shall include carrying out partial construction mounting works, needed for realization of the detailed development plan;

3. (new - SG, 67/2008) for the sea beaches with acting concession contracts, which include sand dunes, the area of the dunes shall remain in the concession area by termination of the concession contract;

4. (new - SG, 67/2008) apart from the cases under Art. 7, Para. 3 the term of all acting concession contracts shall be extended with the consent of the concessioner by 31 December of the year, in which expires the agreed concession term.

 

 

§ 8. (amend. – SG 61/15) * The borders of "A" zone and "B" zone, defined in Art. 10 and 11 shall be expressed officially in 6-month term from the enforcement of the act on cadastre maps – under Chapter six of the Act on Cadastre and Property Register or on the cadastre plans, approved under the repealed Act on Single Cadastre of Peoples Republic of Bulgaria (publ., SG, 35/ 1979 amend., 102/1981, 45/1984, 104/1996; repealed., 34/2000) and Act on Territorial and Urban Spatial Development (publ., SG, 29/1973, corr., 32/1973, amend. 87/1974, 3 and 102/1977, 36/1979, 3/1980, 45/1984, 19/1985, 36/1986, 14/1988 , 31/1990 ; corr., 32/1990; amend., 15/1991, 63/1995, 104/1996, 41 and 79/1998 ; corr. 89/1998, 124 and 133/1998, 26 and 86/1999, 14 and 34/2000; repealed 1/2001), and on the plans and maps approved under the Act on Property and use of Farm Lands and the Act on Restoration of Property on Forests and Forest Fund Lands – under § 4 of the Transitional and Final Provisions of the Act on Cadastre and Property Register.

 

 

§ 9. The ordinances under Art. 6, Para. 7 and under Art. 21, Para. 1, p. 1 shall be issued within 6 month term after the enforcement of the act.

 

 

§ 10. (Amend. - SG, 66/2013 in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, amend. – SG 20/16, in force from 15.03.2016) the implementation of the act shall be assigned to the Minister of Regional Development and Public Works and the Minister of Tourism.

 

 

§ 11. The act shall come into force from 1 January 2008.

-------------------------

The act was adopted by the 40th National Assembly on 1 June 2007 and has been sealed by the official stamp of the National Assembly.

 

Transitional and concluding provisions
TO THE ACT, AMENDING AND SUPPLEMENTING THE CONCESSION ACT

 

(PUBL. - SG, 67/2008)

 

§ 53. The initiated preparatory actions and open procedure for awarding concession on the date of the enforcement of this act shall be finalized under the current procedure.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

 

§ 55. The acting concession contracts for sea beaches shall be complied with the provision of Art. 10, Para. 4, p. 1 of the Act on Spatial Development of the Black Sea Coast within the term of 3 months after the enforcement of this act.

 

 

§ 56. The provision of § 54, p. 2, on Art. 8, Para. 2, sentence two shall enter into force from 1 January 2009.

 

Transitional and concluding provisions
TO THE ACT ON CULTURAL HERITAGE

 

(PUBL. - SG, 19/2009 IN FORCE FROM 10.04.2009 )

 

§ 44. the act shall come into force from 10 April 2009 with the exception of Art. 114, Para. 2 and Art. 126, which shall be enforced from 10 April 2010.

 

Transitional and concluding provisions
TO THE ACT, AMENDING THE ACT ON TOURISM

 

(PUBL. - SG, 82/2009 IN FORCE FROM 16.10.2009)

 

§ 59. The act shall be enforced from the day of its publication in the State Gazette.

 

Transitional and concluding provisions
TO THE ACT, AMENDING AND SUPPLEMENTING THE ACT ON CULTURAL HERITAGE

 

(PUBL. - SG, 92/2009, IN FORCE FROM 20.11.2009)

 

§ 48. The act shall be enforced from the day of its publication in the State Gazette.

 

Transitional and concluding provisions
TO THE ACT ON PUBLIC-PRIVATE PARTNERSHIP

 

(PUBL. - SG, 45/2012, IN FORCE FROM 01.01.2013)

 

§ 16. The act shall be enforced from 1 January 2013, with the exception of § 4, § 5, § 7, § 8, § 9, § 10 and § 13, which shall be enforced from 1 September 2012.

 

Transitional and concluding provisions
TO THE ACT, AMENDING AND SUPPLEMENTING THE SPATIAL DEVELOPMENT ACT

 

(PUBL. - SG, 82/2012, IN FORCE FROM 26.11.2012)

 

§ 149. The act shall be enforced within 30 day term from its publication in the State Gazette with the exception of § 16, § 35, p. 2 and § 39, which shall be enforced from 1 January 2016.

 

Transitional and concluding provisions
TO THE ACT, AMENDING AND SUPPLEMENTING THE ACT ON SPATIAL DEVELOPMENT OF THE BLACK SEA COAST

 

(PUBL. - SG, 27/2013; AMEND- SG 40/14)

 

§ 24. (1) The general and detailed spatial development plans under Art. 3, p. 1, approved by the enforcement of this act shall keep their force.

(2) By the enforcement of the norms of Art. 10, Para. 3, p. 2, letters "a" – "d" under §9, p. 3, letter "a" of this act the drafts of general and detailed development plans, whose development has been permitted by the Spatial Development Act or the Act on Saptial Development of the Black Sea Coast, as well as the drafts for amendment of the acting detailed development plans for the territory under Art. 3, p. 1, whose development has been admitted by the competent body, shall be finalized under the provisions in force.

(3) Detailed development plans shall be terminated, providing construction in land properties in the borders of "A" zone and "B" zone or in urban territories of populated areas after the borders of "A" zone, in which fall sand dunes, apart from the cases under Art. 17a.

 

 

§ 25. (1) The initiated and not finalized by the enforcement of this act procedures on coordination and approval of investment projects and issuance of permits for construction shall be approved under the current conditions and current procedure.

(2) For date of initiation of procedure for approval of an investment project and issuance of permit for construction shall be considered the date of introduction of the investment project for coordination and approval by the competent body. For initiated procedure shall also be considered availability of coordinated by the competent body idea investment project on the date of the enforcement of this act.

(3) By the reflection of the borders of the sand dunes in the cadastre map and in the specialized maps and registers under Art. 6, Para. 7, the coordination and approval of investment projects and issuance of permits for construction shall be carried out after a written opinion of the Minister of Regional Development and Waters or official, authorized by him/her, certifying that there are no sand dunes in the property.

(4) Investment projects shall not be coordinated and approved and permits for construction shall not be issued in land properties in the borders of "A" zone and "B" zone or in urban territories of populated places after the borders of "A" zone, in which fall sand dunes, apart from the cases under Art. 17a.

 

 

§ 26. (revoked – SG 40/14)

 

 

§ 27. The initiated preparatory actions and open procedures for awarding concessions at the entry in force of this act shall be finalized under the current procedure.

 

 

§ 28. (revoked – SG 40/14)

 

 

§ 29. For the unsettled issues the provisions of the Concession Act and the Rules on its implementation shall apply.

 

 

§ 30. The borders of "A" zone and "B" zone, defined in Art. 10 and 11 shall be expressed on the cadastre maps under the Act on Cadastre and Property Register or on the cadastre plans, approved under the repealed Act on the Single Cadastre of the Peoples Republic of Bulgaria (publ., SG, 35/1979; amend. 102/1981, 45/1984, 104/1996; repealed 34/2000) and the Act on Territorial and Urban Spatial Development (publ., SG, 29/1973; corr., 32/1973; amend., 87/1974, 3 and 102/1977, 36/1979, 3/1980, 45/1984, 19/1985, 36/ 1986, 14/1988, 31/1990; corr., 32/1990; amend. 15/1991, 63/1995, 104/1996, 41 and 79/ 1998; corr., 89/1998; amend. 124 and 133/1998, 26 and 86/1999, 14 and 34/2000; repealed 1/2001) and on plans and maps, approved under the Act on Property and Use of Farm Lands for restoration of the ownership on forests and forest fund lands – under § 4 of the Transitional and Final Provisions of the Act on Cadastre and Property Register.

 

 

§ 31. within 1 year term from the enforcement of this act, the Ministry of Environment and Waters shall provide to the Agency of geodesy, cartography and cadastre information for expression of the sand dunes in the cadastre map and in the specialized maps and registers under Art. 6, Para. 7. Within 6 month term after provision of the information, the borders of the sand dunes shall be expressed on the cadastre map and specialized maps and registers.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

 

§ 42. Para. 9, p. 3, letter "a" shall come into force 2 years after the publication of the act in the State Gazette.

 

Transitional and concluding provisions
TO THE ACT, AMENDING AND SUPPLEMENTING THE SPATIAL DEVELOPMENT ACT

 

(PUBL. - SG, 66/2013, IN FORCE FROM 26.07.2013)

 

§ 59. In the Act on Spatial Development of the Black Sea Coast (publ., SG, 48/2007.; amend., 36 and 67/2008, 19, 82 and 92/2009 and 45 and 82/2012, 27 and 28/2013) everywhere the words "Minister of Regional Development and Public Works", "Ministry of Regional Development and Public Works" shall be replaced by: "Minister of Regional Development" and "Ministry of Regional Development".

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

 

§ 117. The act shall come into force on the day of its publication in the State Gazette.

 

Transitional and concluding provisions
TO THE ACT, AMENDING AND SUPPLEMENTING THE ACT ON THE BLACK SEA COAST SPATIAL DEVELOPMENT

 

(PUBL. - SG, 40/2014; AMEND. – SG 101/15)

 

§ 20. (1) The schemes for moveable facilities within zone "A" and zone "B" approved prior to the entry into force of this Act shall be brought into compliance with the requirements hereof within six months from its entry into force.

(2) The moveable facilities allowed under the current procedures which do not comply with the requirements hereof and of the new schemes under paragraph 1 shall be removed by the owners of the plots of land within one month after the approval of the new schemes under paragraph 1. After this deadline the facilities shall be removed under the procedure of article 57a of the Spatial Development Act by the authorities of the National Construction Control Directorate under the procedure of the regulation under article 13, paragraph 6.

 

 

§ 21. The concession agreements concluded prior to the entry into force of this Act and contracts for lease of seaside beaches shall be brought into compliance with the provisions hereof within six months of its entry into force.

 

 

§ 22. The seaside beach concession granting or lease procedures, started prior to the entry into force of this Act shall be concluded under the existing terms.

 

 

§ 23. (1) The Council of Ministers shall adopt a new methodology under article 8, paragraph 2 within three months of the entry into force of this Act.

(2) (revoked – SG 101/15)

 

 

§ 24. Until the completion by the Geodesy, Cartography and Cadastre Agency of the activities under article 6, paragraph 7, the seaside beach concession or lease procedure shall be conducted on the basis of an exclusive state property act and/or adopted specialised map for the respective seaside beach, and/or effective amendment of the cadastre map and cadastre registers.

 

 

§ 25. (1) The municipal council decisions under article 15, paragraph 2 for 2014 shall be adopted by 15 May at the latest.

(2) In case the municipal council would fail to adopt a decision within the deadline under paragraph 1, the performance of construction and engineering works on the territories under article 15, paragraph 2 shall be prohibited from 31 May to 1 October 2014.

 

 

§ 26. Territories of the settlements under article 10, paragraph 1 shall be the territories under § 5, item 6 of the Spatial Development Act, specified with an effective detailed spatial development plan, as applicable on the date of entry into force of this Act.

...........................................................................

 

 

§ 29. Paragraph 12, item 2, letter "a" comes into force on March 16, 2015.

 

Transitional and concluding provisions
TO THE SPATIAL DEVELOPMENT ACT

 

(PROM. – SG 98/14, IN FORCE FROM 28.11.2014)

 

§ 117. The Act shall enter into force from the date of its promulgation in the State Gazette.

 

Concluding provisions
TO THE ACT AMENDING THE TOURISM ACT

 

(PROM. - SG 9/15, in force from 03.02.2015)

 

§ 6. The Act shall enter into force from the date of its promulgation in the State Gazette.

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE BLACK SEA COAST SPATIAL DEVELOPMENT ACT

 

(PROM. - SG 20/16, IN FORCE FROM 15.03.2016)

§ 22. (1) Structural regulations of the Ministry of Tourism and Ministry of Regional Development and Public Works shall be brought into conformity with this Act within one month of its entry into force.

(2) The Minister of Finance shall make the necessary changes to the budgets of the Ministry of Tourism and the Ministry of Regional Development and Public Works for 2016, from the entry into force of the amendments to the structural regulations under par. 1.

(3) The employment legal terms and the official legal terms of the employees of the Ministry of Regional Development and Public Works, performing functions as per the Black Sea coast spatial development Act, shall transfer to the Ministry of Tourism under the terms and conditions of Art. 87a of the Civil Servants Act and Art. 123 of the Labour Code, and in accordance with the structural regulations of the administrations.

(4) As of the date of entry into force of this Act, the available information and documentation in connection with the sea beaches in the Republic of Bulgaria, as well as in connection with granting concessions and letting of sea beaches under the Black Sea Coast Spatial Development Act, including in electronic form, shall be submitted by the Minister of Regional Development and Public Works to the Minister of Tourism within one month from the entry into force of this Act, including:

1. the originals of the concluded contracts for concession and rent of sea beaches with all annexes and amendments thereto, as well as the originals, contained in the files of granted concessions and rents;

2. correspondence on applications and open procedures, related to granting concessions and contracts for rent of sea beaches which have not been completed;

3. control and backup files of concluded concession contracts and contracts for rents of sea beaches.

(5) Concessionaires and tenants of the concluded as of the date of entry into force of this Act concession contracts and contracts for rent, shall retain their rights and obligations under the terms of the contracts.

(6) The payments due as of the date of entry into force of this Act shall be administered by the Ministry of Tourism.

(7) The term of all existing concession contracts and contracts for rent which expire until September 30, 2016, shall be extended with the consent of the concessionaire or the tenant until a new contract is concluded with a concessionaire or a tenant, but not later than 31 December 2016.

(8) The control over the contracts concluded at the date of entry into force of this Act for concession and for rent shall be exercised by the Minister of Tourism from the time of receipt of the documents under par. 4.

 

§ 23. (1) Administrative and legal proceedings, instituted and pending until the entry into force of this Act, related to procedures for concession or letting of sea beaches, as well as to the fulfillment of obligations under concluded concession contracts and contracts for rent, shall be completed by the Minister of Tourism.

(2) The instituted administrative penal proceedings for established violations of the provisions of Art. 10, para. 4, 6, 7 and 8, Art. 24 and 24a, which have not been completed until the entry into force of this Act, shall be completed by the Minister of Tourism.

 

§ 24. The terms of the tender for the rental of sea beaches under the Regulation for implementation of the State Property Act for the year 2016 shall be published at least 15 days prior to the deadline for submission of applications for participation, and for subsequent tenders - at least 10 days prior to the deadline for submission of applications for participation.

.........................................................

 

 

§ 26. Within 6 months of entry into force of this Act, the Council of Ministers shall bring the acts of secondary legislation in accordance with the provisions of this Act.

 

§ 27. The Act shall enter into force from the date of its promulgation in the State Gazette.

Concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE BLACK SEA COAST SPATIAL DEVELOPMENT ACT

 

(PROM. - SG 36/16)

§ 3. Paragraph 2 shall enter into force with the entry into force of the terms and conditions for camping outside categorized campgrounds, determined in the Tourism Act.

 

Concluding provisions
TO THE ACT AMENDING THE ACT ON BULGARIAN FOOD SAFETY AGENCY

 

(PROM - SG 58 FROM 2017, IN FORCE FROM 18.07.2017)

§ 76. The act shall enter into force on the day of its promulgation in the State Gazette.

 

Transitional and concluding provisions
TO THE CONCESSIONS ACT

 

(PROM. - SG 96/17, IN FORCE FROM 02.01.2018, AMEND. - SG 103/17, IN FORCE FROM 01.01.2018)

§ 41. The Act shall enter into force within one month from its promulgation in the State Gazette with the exception of:

1. Article 45, Para. 5, which enters into force within 12 months of the promulgation of the Act in the State Gazette;

2. Article 191, Para. 2-5, Art. 192 and 193, which shall enter into force on 31 January 2019;

3. (new - SG 103/17, in force from 01.01.2018) paragraph 34, which shall enter into force on 1 January 2019.

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ACT ON LIMITATION OF THE ADMINISTRATIVE REGULATION AND THE ADMINISTRATIVE CONTROL OVER THE BUSINESS ACTIVITY

 

(PROM. - SG 103/17, IN FORCE FROM 01.01.2018)

§ 68. The Act shall enter into force on 01 January 2018.

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ACT ON THE SEA WATERS, THE INTERNAL WATER WAYS AND THE PORTS OF THE REPUBLIC OF BULGARIA

 

(PROM. - SG 28/18)

§ 49. (1) The Council of Ministers shall adopt the Maritime Spatial Plan of the Republic of Bulgaria by 31 March 2021.

(2) The requirement for compliance with the Maritime Spatial Plan of the Republic of Bulgaria shall not apply to the draft detailed spatial development plans under Art. 52b, para. 1, specialized spatial development plans under Art. 112e, specialized schemes under Art. 22 of the Act on the Black Sea Coast Spatial Development.

 

Appendix to Art. 7, par. 9

(new – SG 20/16, in force from 15.03.2016 )

1. Sea beach Irakli.

2. Sea beach Bjala – Karadere.

3. Sea beach Coral.

 

 

Editor`s note

* Editor`s note: The amendment to this issue of the State Gazette refers to replacing a word with its synonym, which is practically untranslatable in English.