Cadastre and Property Register Act, . SG. 42/22 May 2018, amend. and suppl. SG. 41/21 May 2019, amend. and suppl. SG. 44/4 Jun 2019

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CADASTRE AND PROPERTY REGISTER ACT

Prom. SG. 34/25 Apr 2000, amend. SG. 45/30 Apr 2002, amend. SG. 99/22 Oct 2002, amend. SG. 36/30 Apr 2004, amend. SG. 39/10 May 2005, amend. SG. 105/29 Dec 2005, amend. SG. 29/7 Apr 2006, amend. SG. 30/11 Apr 2006, amend. SG. 57/13 Jul 2007, amend. SG. 59/20 Jul 2007, amend. SG. 36/4 Apr 2008, amend. SG. 91/21 Oct 2008, amend. SG. 80/9 Oct 2009, amend. SG. 19/8 Mar 2011, amend. SG. 39/20 May 2011, amend. SG. 38/18 May 2012, amend. SG. 15/15 Feb 2013, amend. SG. 66/26 Jul 2013, suppl. SG. 109/20 Dec 2013, amend. SG. 49/13 Jun 2014, amend. SG. 98/28 Nov 2014, amend. SG. 61/11 Aug 2015, amend. and suppl. SG. 27/5 Apr 2016, amend. and suppl. SG. 57/22 Jul 2016, amend. SG. 58/18 Jul 2017, suppl. SG. 103/28 Dec 2017, amend. and suppl. SG. 42/22 May 2018, amend. and suppl. SG. 41/21 May 2019, amend. and suppl. SG. 44/4 Jun 2019 

Part one.
GENERAL PROVISIONS

 

Art. 1. (1) (Previous text of Art. 1 – SG 41/19, in force from 22.08.2019) This Act shall arrange for the organization, financing, creation, maintenance and use of the cadastre and the property register.

(2) (New – SG 41/19, in force from 22.08.2019) The cadastral map and the cadastral registers shall be established and kept up to date in order to:

1. document the location, boundaries, enduring use of the territory and the way of permanent use of the real estate;

2. create and maintain the property register;

3. draw development plans;

4. create and maintain specialized maps, registries and information systems, other registries provided for by law, as well as providing access to the data therein;

5. provide services for the needs of the state administration, real estate taxation, spatial planning and investment design.

 

 

Art. 2. (1) The cadastre shall be the aggregate of basic data - established by this law - about the location, boundaries and extent of immovable property within the territory of the Republic of Bulgaria, which shall be collected, represented, maintained up-to-date and stored according to routines, established by this Act.

(2) The cadastre shall also encompass:

1. Data about the right of ownership on immovable properties;

2. Data about the other real rights over immovable properties;

3. Data about the state borders, boundaries of administrative-territorial units, boundaries of territories belonging to settlements, and boundaries of territories of identical durable land use;

4. (amend. – SG 49/14) information about zones of restrictions on land properties.

(3) (amend. – SG 49/14, amend. – SG 57/16) Data under para.1 and para.2, items 1 - 4 shall be mapped out on a cadastral map and shall be recorded in cadastral registers.

(4) (amend. – SG 49/14) The map, on which specialized data under Art. 32, para. 1 are reflected as well, shall be a specialized map.

(5) (Amend. and suppl. – SG 41/19, in force from 22.08.2019) Data under Para.1 and Para.2, item 3 shall be evidence for the circumstances, which they refer to - until otherwise demonstrated. The data under Para. 2, item 1, 2 and 4 shall be evidence of the circumstances, to which they relate, insofar as the source of such data is of evidence.

 

 

Art. 3. (1) The property register shall comprise of the lots of the immovable properties.

(2) In the property register shall be recorded the acts recognizing or conveying right of ownership or establishing, conveying, modifying and terminating other real right over immovable properties, interdictions and mortgages over the latter, as well as other legal actions, circumstances and legal facts for which recordation is envisaged by law.

(3) (new, SG 36/04) The judge for the recordation shall order the entries in the lots of the immovable properties located on the territory of the respective magisterial precinct.

 

 

Art. 4. (1) (amend. - SG 29/06; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The cadastre shall be created, maintained and stored by the Agency for geodesy, cartography and cadastre at the Ministry of Regional Development and Public Works.

(2) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Minister of Regional Development and Public Works shall exercise management and control of the overall activity related with the cadastre.

 

 

Art. 5. (1) (amend., SG 36/04) The property register shall be kept and stored by the Recordation Agency with the Minister of Justice.

(2) (amend., SG 36/04) The Minister of Justice shall exercise management and control of the entire activity regarding the property register.

(3) The Minister of Justice shall issue an ordinance about the keeping and preservation of the property register.

 

 

Art. 6. (1) The cadastre and the property register shall be linked by bilateral link, based on the identifier of immovable properties.

(2) The basic data about the immovable properties in the property register shall be received from the cadastre. Data about the right of ownership and other real rights over immovable properties in the cadastre shall be received from the property register.

(3) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The bilateral connection of par. 1 and the exchange of data between the cadastre and the property register shall be implemented under conditions and by order determined with an ordinance issued by the Minister of Regional Development and Public Works and the Minister of Justice.

 

 

Art. 7. (1) For the cadastre and the property register, computerized information systems shall be established, which shall be linked with each other.

(2) (amend. – SG 49/14) The information systems under para.1 shall establish links also with the Unified classifier of administrative-territorial units ("EKATTE"), "BULSTAT" (i.e. Unified register of business entities in the Republic of Bulgaria), "ESGRAON" (i.e. Register of residents), "Residents" National data base, trade register and the registers of state and municipal properties.

(3) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 49/14; amend. – SG 98/14, in force from 28.11.2014, amend. – SG 41/19, in force from 22.08.2019) The provisions and procedure for establishment, maintenance and use of the information systems referred to in par. 1, as well as access to data therein, also the access to data in the specialized systems under Art. 32, par. 1, item 2 shall be regulated by an ordinance, adopted by the Council of Ministers by motion of the Minister of Regional Development and Public Works and the Minister of Justice.

(4) (new – SG 49/14, amend. – SG 41/19, in force from 22.08.2019) Access to data in the information systems under par. 1 and under par. 2 and provision of information from the Register of residents – "Residents" National data base shall be done free of charge.

 

 

Art. 8. (1) (suppl. – SG 49/14) The cadastre and the property register shall be public. The cadastre map and cadastre registers are state property.

(2) (amend., SG 36/04; amend. – SG 49/14, amend. – SG 41/19, in force from 22.08.2019) For provision of services by the cadastre fees shall be payable in amounts, determined by tariffs, approved by the Council of Ministers.

(3) (amend., SG 36/04) For recordation in the property register and for information excerpts and services under art. 92 shall be paid fees to amounts determined by a tariff approved by the Council of Ministers.

(4) (revoked – SG 49/14).

(5) (amend. - SG 29/06; amend. – SG 49/14) The Agency for geodesy, cartography and cadastre shall get the information referred to in Art. 54a free of charge.

 

 

Art. 9. (amend., SG 36/04) (1) (amend. SG 15/13, in force from 01.01.2014; amend. – SG 66/13, in force from 26.07.2013; suppl. – SG 49/14; amend. – SG 98/14, in force from 28.11.2014) Funding of the activities related to the creation, maintenance and storing of the cadastre shall be provided for by transfer from the budget of the Ministry of Regional Development and Public Works with municipal funds from their own revenues, by fees under this Act, by other proceeds, as well as by resources for national and regional programmes for development of the technical infrastructure, for international programmes, projects and agreements.

(2) (amend. SG 15/13, in force from 01.01.2014) The funding of the property register shall be provided for by a transfer from the budget of the Ministry of Justice, by fees under this Act, by other proceeds, as well as by resources for national and regional programmes, for international programmes, projects and agreements.

 

Part two.
CADASTRE

Chapter one.
AGENCY FOR GEODESY, CARTOGRAPHY AND CADASTRE (TITLE AMEND. – SG 29/06)

 

Art. 10. (1) (amend. - SG 29/06) The Agency for geodesy, cartography and cadastre shall be an executive agency, that is a juridical person with a seat in Sofia and offices for geodesy, cartography and cadastre, placed in the administrative centers of the regions.

(2) (amend. - SG 29/06) The offices for geodesy, cartography and cadastre shall be territorial units of the Agency for geodesy, cartography and cadastre.

(3) (new, SG 36/04; amend. - SG 29/06; amend. and suppl. – SG 49/14) For the purposes of the administrative services the offices for geodesy, cartography and cadastre may set up structural divisions in the seats of the district courts and in other residential places.

 

 

Art. 11. (1) (amend. - SG 29/06) The Agency for geodesy, cartography and cadastre shall be managed by an executive director, and the office for geodesy, cartography and cadastre - by a head.

(2) (amend. - SG 29/06) The executive director of the Agency for geodesy, cartography and cadastre may delegate to the heads of the offices for geodesy, cartography and cadastre his functions, rights and obligations except for those under chapter two, art. 35, para.1, art. 47, para.2 and art. 49, para.1.

(3) (new SG 36/04) The executive director may be a person who:

1. has graduated higher education on geodesy with educational qualification degree "Master";

2. has at least 5 years of practice on the speciality;

3. has not been convicted to imprisonment for deliberate indictable offence, unless rehabilitated.

(4) (new, SG 36/04; amend. - SG 29/06; revoked – SG 38/12, in force from 01.07.2012 amend. - SG 103/17, in force from 01.01.2018) The circumstances under par. 3, item 3 shall be established ex officio by the appointing authority. Foreign citizens present a convictions certificate or a similar document.

 

 

Art. 12. (amend. - SG 29/06) The Agency for geodesy, cartography and cadastre shall:

1. perform the cadastral activities in compliance with the law;

2. (new - SG 29/06) implement the functions and the tasks determined for it by the Geodesy and Cartography Axt;

3. (prev. text of item 02 - SG 29/06; amend. – SG 57/07, in force from 13.07.2007) maintain geodetic/survey, cartographic and cadastral archive ("Geokartfond"), that shall - under routines established by the Act on National Archive Stock - accept, store and furnish for use geodetic, cartographic, cadastral and other materials and data;

4. (prev. text of item 03 - SG 29/06, suppl. – SG 41/19, in force from 22.08.2019) ensure co-ordination of the cadastral activities with the other state geodetic/survey and cartographic activities, as well as as well as the activities for the elaboration of the specialized maps and registries under Art. 34;

5. (amend., SG 36/04; prev. text of item 04 - SG 29/06; amend. and suppl. – SG 49/14; amend. – SG 98/14, in force from 28.11.2014) work out a format of the entry of the digital cards and registers and of documents and information to them, which shall be approved by the Minister of Regional Development and Public Works;

6. (prev. text of item 05 - SG 29/06) jointly with the competent state body for metrology, organize metrological control of the geodetic measurement equipment;

7. (prev. text of item 06 - SG 29/06) ensure maintenance of the qualification of employees;

8. (prev. text of item 07, amend. - SG 29/06) keep registers of the persons competent to exercise activity for the cadastre, for geodesy and for cartography;

9. (prev. text of item 08 - SG 29/06) handle the co-ordination of international information exchange that involves cadastral information.

10. (new, SG 36/04; prev. text of item 02, suppl. - SG 29/06) be an administrator of the proceeds from fees, fines and material sanctions collected under this Act and the Geodesy and Cartography Act;

11. (new – SG 49/14, amend. – SG 41/19, in force from 22.08.2019) ensure the coordination with the central and territorial authorities of the executive power and with the legal persons under Art. 32, Para. 1 in the implementation of the activities in creating the specialized maps and registries; keep a register of the produced specialized maps and registers;

12. (new – SG 49/14) produce and maintain territory balances.

13. (new - SG 27/16) organize the work on recognition of professional qualifications for the regulated occupation "Engineer in geodesy, cartography and cadastre".

14. (new – SG 41/19, in force from 22.08.2019) liaise with other specialized registries and information systems for provision of data, stored and maintained in the implementation of the activities under the cadastre as per this Act;

15. (new – SG 41/19, in force from 22.08.2019) provide access to the data, metadata and services it maintains under the Access to Spatial Data Act through the National Spatial Data Portal.

 

 

Art. 13. (1) (amend. - SG 29/06; prev. Art. 13, suppl. – SG 49/14) The offices for geodesy, cartography and cadastre shall perform the activities for geodesy, cartography and cadastre within their assigned districts of the territory of the country, shall store the original materials and data from geodetic surveys and shall fulfil other functions, established by this act of the organization regulations.

(2) (new – SG 49/14, amend. – SG 57/16) The offices for geodesy, cartography and cadastre shall provide administrative services also outside their allocated regions of the territory of the country, based on an order from the Managing Director of the Agency of geodesy, cartography and cadastre.

 

 

Art. 14. (amend. - SG 29/06) In performing his duties, the officer of the Agency for geodesy, cartography and cadastre must identify himself.

 

 

Art. 15. (amend. - SG 29/06; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The activity, structure, organization of operations, and staff of the Agency for geodesy, cartography and cadastre and offices for geodesy, cartography and cadastre shall be prescribed by setup regulations, adopted by the Council of Ministers by motion of the Minister of Regional Development and Public Works.

 

Chapter two.
PERSONS LICENSED TO CARRY OUT ACTIVITIES ON GEODESY, CARTOGRAPHY AND CADASTRE (TITLE AMEND. – SG 29/06)

 

Art. 16. (1) (suppl. - SG 29/06; suppl. – SG 49/14, amend. – SG 57/16) Activities for the cadastre can perform persons who have acquired competence for cadastre under the conditions and by the order of this Act, or such having acquired qualification according to the laws of an European Union Member State or of another state which is a party to the Agreement for the European Economic Area or of the Confederation of Switzerland, conforming with the requirements of the recognition of professional qualifications Act, and also existing qualification acquired according to the provisions of this act.

(2) (amend. - SG 29/06) The Agency for geodesy, cartography and cadastre shall assign to competent persons of par. 1 the implementation of activities for creating cadastral map and cadastral registers according to chapter five.

(3) (suppl., SG 36/04; amend. - SG 29/06, amend. – SG 41/19, in force from 22.08.2019) An owner or other interested person can assign also to a competent person of par. 1 to work out projects for modification of the cadastral map and the cadastral registries, projects for subdivision and amalgamation of immovable properties, combined schemes for full or partial identity of the boundaries of a land property, a cadastral map and cadastral registers under art. 35a.

(4) (new – SG 49/14) In cases of temporary or single provision of services in the field of cadastre by citizens of an European Union Member State or of another state which is a party to the Agreement for the European Economic Area or of the Confederation of Switzerland, the provisions of Chapter Two of the Recognition of Professional Qualifications Act and the Act on the Activities Related to Provision of Services shall apply.

 

 

Art. 17. (1) (prev. text of art. 17 – SG 36/04; amend. - SG 29/06) Competent person for geodesy, cartography and cadastre can be:

1. (suppl. - SG 29/06; amend. – SG 49/14) an individual who is a citizen of an European Union Member State or of another state which is a party to the Agreement for the European Economic Area or of the Confederation of Switzerland and:

a) has graduated with a high school diploma in geodesy with education - qualification degree master – engineer or has got a recognizes professional qualification in geodesy according to the provisions of the Recognition of Professional Qualifications Act, if he/she is a citizen of an European Union Member State or of another state which is a party to the Agreement for the European Economic Area or of the Confederation of Switzerland;

b) has got minimum two years of experience in the field of cadastre, respectively in the field of geodesy or cartography,

c) has not been sentenced for premeditated crimes of general nature to imprisonment unless the parson has been rehabilitated;

2. (amend. - SG 29/06; amend. and suppl. – SG 49/14) a legal entity, registered subject to compliance with the provision of the Act of Commerce or according to the laws of an European Union Member State or of another state which is a party to the Agreement for the European Economic Area or of the Confederation of Switzerland, with a scope of business production of cadastre, respectively carrying out activities on geodesy or cartography, and in which specialized staff there is a person or persons competent to carry out activities on geodesy, cartography and cadastre.

(2) (new, SG 36/04) Legally capable individual may participate in the permanent specialized staff of only one corporate body.

(3) (new - SG 103/17, in force from 01.01.2018) The circumstances under para. 1, item 1, letter "c" shall be established ex officio by the Agency for Geodesy, Cartography and Cadastre in cases where the individual is a Bulgarian citizen. Foreign citizens present a convictions certificate or a similar document.

 

 

Art. 18. (In force from 25.04.2000) (1) (Amend. - SG 29/06, amend. – SG 41/19, in force from 22.08.2019) The candidate shall submit an application for entering the respective register referred to in art. 12, item 8 to the Agency for geodesy, cartography and cadastre.

(2) (Amend. - SG 29/06 (*), amend. – SG 41/19, in force from 22.08.2019) A commission, appointed by the executive director of the Agency for geodesy, cartography and cadastre shall check within 30 days after the application has been received whether the conditions of art. 17 are existing for entering of the candidate in the respective register. The board of the commission shall include a representative of the Chamber of the Engineers in Geodesy. The entering shall be implemented on the basis of an order by the executive director.

(3) (amend. - SG 29/06; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) When the legal conditions are not at hand the Agency for geodesy, cartography and cadastre shall refuse the entering. The refusal shall be sent in writing to the applicant, who can in two weeks after receiving the message appeal against the refusal before the Minister of Regional Development and Public Works.

(4) (amend. - SG 30/06, in force from 12.07.2006; amend., SG 39/11) The refusal of entry of the applicant in the register may be appealed to the relevant administrative court. The decision is not subject to appeal.

 

 

Art. 19. (1) (amend. - SG 29/06) The competence to be implemented activities for cadastre, for geodesy or cartography shall be acquired from the moment of entering in the respective register of art. 12. Item 7.

(2) (new – SG 49/14) Registration in the respective register under Art. 12, item 8 shall be done without conducting the procedure referred to in Art. 18, where the natural person or the legal entity has acquired competency to carry our cadastre activities subject to compliance with the provisions of the respective laws of an European Union Member State or of another state which is a party to the Agreement for the European Economic Area or of the Confederation of Switzerland, corresponding to the competency acquired according to the provisions of this act.

(3) (amend. - SG 29/06; prev. par. 2 – SG 49/14) The registers of the persons competent to implement activities of cadastre, geodesy and cartography shall be public.

 

 

Art. 20. (1) The competent person shall be obliged:

1. (amend. - SG 29/06) To implement the works for cadastre, respectively for geodesy or cartography, assigned to him in compliance with the normative requirements;

2. (Amend., SG 45/02) To protect the classified information representing official secret which has become known to him in connection with performance of the assigned activity.

3. (new - SG 29/06) to provide protection of the personal data learned by him in connection with the assigned activity.

(2) Upon approval of the cadastral map and the cadastral registers, the persons under para.1 may use data from these only under the routine, envisaged in chapter seven.

(3) (Amend. - SG 29/06, amend. – SG 41/19, in force from 22.08.2019) The competent person shall be obliged to take out "Professional Liability" insurance for the damages that could occur due to guilty non fulfillment of his obligations as well as the obligations of his employees. The minimum extent of the insurance sum shall be determined by the Agency for geodesy, cartography and cadastre.

(4) (New – SG 41/19, in force from 22.08.2019) The competent person shall be obliged to pass a course for maintaining and upgrading his professional qualification every two years after the end of the year, in which the person has acquired the relevant qualification or has passed the course.

(5) (New – SG 41/19, in force from 22.08.2019) The courses for maintaining and upgrading the qualification of the cadastral licensed persons shall be carried out under a program approved by the Agency for geodesy, cartography and cadastre. The courses shall be held by the universities where students from the professional field "Architecture, Civil Engineering and Geodesy" are trained, by the non-governmental professional organizations in the field of geodesy, cartography and cadastre, and by persons with qualification and experience to conduct training in the field of cadastre.

 

 

Art. 21. (1) The competence shall be lost

1. (amend. - SG 29/06) upon written application by the competent person to the Agency for geodesy, cartography and cadastre;

2. upon death of the competent person or his being legally incapable;

3. upon re-organization or termination of the competent person with liquidation;

4. (amend. – SG 57/16) when the natural person is sentenced to imprisonment for premeditated crime of general character;

5. (suppl. - SG 29/06, amend. and suppl. – SG 41/19, in force from 22.08.2019) when the competent person systematically breaches his obligations under art. 20, par.1 or under art. 25, par. 1 of the Geodesy and Cartography Act and the violation is repeated.

(2) (new, SG 36/04) In the cases of para 1, item 5 the legal capacity shall be lost for a period of one to three years.

(3) (prev. para 2 – SG 36/04; amend. - SG 29/06) In the cases of par. 1, items 1 - 4 inclusive the executive director of the Agency for geodesy, cartography and cadastre shall issue order for deleting the competent person from the respective register.

(4) (prev. para 3 – suppl., SG 36/04; amend. - SG 29/06) The breaches of par. 1, item 5 shall be ascertained with an act by officials determined by the executive director of the Agency for geodesy, cartography and cadastre on the basis of which order for deleting shall be issued. The order shall determine the period during which the legally capable person may not be recorder again in the register.

(5) (prev. para 4 – SG 36/04; amend. - SG 29/06) The order of the executive director of the Agency for geodesy, cartography and cadastre in the cases of par. 1, item 2 - at judicial disability of the competent person, and of item 3 - 5 inclusive, shall be subject to appeal in two weeks term after the message by the order of art. 17a, par. 3 and 4.

(6) (new - SG 103/17, in force from 01.01.2018) The circumstances under para. 1, item 4 shall be established ex officio by the Agency for Geodesy, Cartography and Cadastre in cases where the individual is a Bulgarian citizen. Foreign citizens present a convictions certificate or a similar document.

 

 

Art. 22. (amend. - SG 29/06; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, amend. – SG 27/16) The procedure for keeping of the registers for cadastre, geodesy and cartography, and the terms and order for the recognition of professional qualification for the regulated occupation "Engineer in geodesy, cartography and cadastre" shall be determined with an ordinance, issued by the Minister of Regional Development and Public Works.

 

Art. 22a. (revoked – SG 57/16)

Chapter three.
CADASTRE. CONTENT OF THE CADASTRE MAP AND CADASTRE REGISTERS. ZONES OF RESTRICTIONS (TITLE AMEND. – SG 49/14)

 

Art. 23. Immovable properties, that are objects in the cadastre, shall be:

1. land property;

2. (suppl. - SG 49/14) a building, including such in rough construction and also a technical infrastructure facility with a self-contained object;

3. (suppl. – SG 49/14) a self-contained object in a building or in a technical infrastructure facility.

 

 

Art. 24. (1) Basic unit of the cadastre shall be the landed property.

(2) Landed property shall be a part of the surface of the earth, including durably covered with water, defined by boundaries compliant with the right of ownership.

(3) The landed properties shall fully cover up the territory of the country, defined by the state borders, without overlapping each other.

(4) State borders, boundaries of administrative-territorial units, boundaries of territories belonging to settlements, and boundaries of territories of identical durable landuse shall be property boundaries, as well.

 

 

Art. 25. (1) Each landed property shall have durable landuse as of the territory, within the boundaries of which it is located.

(2) Changes of durable landuse shall be implemented according to routine, established by law.

(3) The change of durable landuse of a part of landed property shall result in the establishment of separate properties.

 

 

Art. 26. (1) (amend. and suppl. – SG 49/14) Each land property, building, technical infrastructure facility with a self-contained object and a self-contained object in a building or in a technical infrastructure facility shall be attributed an identifier.

(2) The identifier shall be a unique number by which the immovable property is singularly identified within the territory of the country. The identifier must contain the "EKATE" code of the settlement, within whose territory the property is located.

(3) (amend. - SG 29/06) The identifier shall be attributed by the office for geodesy, cartography and cadastre.

(4) (amend. – SG 66/13, in force from 26.07.2013; amend. and suppl. – SG 49/14; amend. – SG 98/14, in force from 28.11.2014) The structure and the content of the identifier of a real estate and the number of the zone of restruction, as well as the provisions and procedures for their use, shall be prescribed by an ordinance, issued by the Minister of Regional Development and Public Works.

 

 

Art. 27. (1) Basic cadastral data shall be:

1. (amend. – SG 49/14) for a land property: identifier; boundaries and area, fixed by the geodetic co-ordinates of the points defining them; permanent purpose of use of the territory; method of permanent use; address;

2. (amend, SG 36/04; amend. – SG 49/14) for a building and a technical infrastructure facility with a self-contained object: identifier; boundary and/or outline of the building and of facility; built-up area determined by the geodetic co-ordinates of the defining points; number of floors; purpose of use; address;

3. (amend. – SG 49/14) for a self-contained object in a building or a technical infrastructure facility: identifier; floor; outline; number of levels in the object; area according to the documents; purpose of use; address;

4. (new – SG 49/14) information about the state borders, boundaries of administrative-territorial units, boundaries of territories belonging to settlements, and boundaries of territories of identical permanent purpose of use.

(2) (revoked – SG 49/14).

(3) For immovable properties related to the defense and security, the cadastre shall contain only identifiers and data about the boundaries of the relevant land properties.

(4) (new – SG 49/14) The information referred to in par. 1, the data of land survey base, and also the information about the right of ownership and other real rights on properties shall be described through metadata structures, containing also information about their accuracy, completeness and validity. The information and metadata are presented in a digital format as referred to in Art. 12, item 5.

(5) (new – SG 49/14; amend. – SG 98/14, in force from 28.11.2014) The procedure of determination of the addresses of properties shall be laid down in an ordinance of the Minister of Regional Development and Public Works.

 

 

Art. 28. (1) (amend. – SG 49/14) The cadastral map and the cadastral registers shall be produced in a digital graphic and text format and shall be maintained in a digital format.

(2) Cadastral maps and cadastral registers shall be subject to acceptance, notification of the interested parties, and approval pursuant to routines, established by this Act.

(3) (amend. - SG 29/06; amend. – SG 49/14) The approved both cadastral map and cadastral registers shall be introduced in the information system by the office for geodesy, cartography and cadastre.

(4) (amend. – SG 49/14) When recording cadastral data in the information system, the date of the entry shall be indicated.

 

 

Art. 29. (1) The cadastral map shall contain:

1. The state borders, boundaries of administrative-territorial units, boundaries of territories belonging to settlements, and boundaries of territories of identical durable landuse;

2. Land properties with their boundaries and identifiers;

3. (suppl. – SG 57/16) buildings, technical infrastructure facilities with self-contained objects in them and their identifiers;

4. Names of localities, streets, watercourses and surfaces, and other objects prescribed by the ordinance under art. 31;

5. Geodetic base points;

6. (new – SG 49/14) self-contained objects in buildings and in technical infrastructure facilities and their identifiers.

(2) (suppl. – SG 49/14) Attached to the cadastral map, outline drawings of the self-contained object in buildings and in technical infrastructure facilities shall be produced.

 

 

Art. 30. (1) Cadastral registers shall be kept of:

1. the immovable properties – subject of the cadastre;

2. (amend. – SG 49/14) the points of the geodetic base;

3. (amend. – SG 49/14) the boundaries of administrative territorial units;

4. identifiers and their modifications.

(2) The cadastral register of the immovable properties - subject of the cadastre shall contain:

1. (amend. and suppl. – 49/14) basic information about the property under art. 27, par. 1without the data about the boundaries of a land property, of a building and of a technical infrastructure facility with a stand-alone object;

2. the data of art. 61, par. 1, item 1 - 11 inclusive about the owner of the immovable property and the act/deed from which the owner benefits his right;

3. the data of art. 62, par. 1, item 1 - 4 inclusive about the other real rights over the immovable property;

4. the number of the file of the property in the property register;

5. (new – SG 49/14) the sources of the information under item 2 and 3.

 

 

Art. 31. (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 49/14; amend. – SG 98/14, in force from 28.11.2014) The content, as well as the provisions and routines for production and maintenance of the cadastral map and the cadastral registers, shall be prescribed by an ordinance, issued by the Minister of Regional Development and Public Works. The ordinance shall establish also the classifier of the method of permanent purpose of use of the territories, the method of permanent use and purpose of use of land properties.

 

 

Art. 31a. (new – SG 49/14) (1) (Amend. – SG 41/19, in force from 22.08.2019) Zones with restrictions on land properties, arising out of easement or limitation, having occurred on the grounds of a regulator act, administrative act or an agreement, shall be reflected in the cadastre and/or in the specialized maps and registries under Art. 32.

(2) (Suppl. – SG 41/19, in force from 22.08.2019) The information about the zones with restrictions referred to in par. 1 shall be provided to the Agency of geodesy, cartography and cadastre pursuant to the provisions of Art. 32 and/or Chapter Six. The authorities and the persons, providing information about the zones with restrictions shall be held responsible for their current validity and correctness.

(3) The authorities and persons, producing and maintaining information about zones with restrictions shall provide it to the Office of geodesy, cartography and cadastre at the place of location of properties following a procedure set out in the ordinance under Art. 31.

(4) Other authorities and persons may provide the information under par. 1 upon having it approved for current validity and correctness by the authorities and the persons under par. 3.

(5) (Amend. and suppl. – SG 41/19, in force from 22.08.2019) The Agency for Geodesy, Cartography and Cadastre shall keep a registry of the restriction zones. Zones with limitations shall get a unique number in the territory of the country, which shall be allocated by the office of geodesy, cartography and cadastre.

(6) The information about the zones with restrictions shall be described through structures of metadata containing also information about their accuracy, completeness and current validity. The information and metadata shall be presented in a digital form in the format prescribed by Art. 12, item 5. The information about the zones with restrictions shall be a part of the data in the information systems of the cadastre and the property register.

 

Chapter four.
SPECIALISED MAPS, REGISTERS AND INFORMATION SYSTEMS (TITLE AMEND. – SG 49/14)

 

Art. 32. (1) (Suppl. – SG 41/19, in force from 22.08.2019) Departments, municipalities, operating companies and other juridical persons, in conformity with the nature of their tasks shall:

1. organize the collection, maintenance up-to-date, and furnishing of specialized data about:

a) immovable properties, other than basic cadastral data;

b) (amend. and suppl. – SG 57/16, amend. – SG 41/19, in force from 22.08.2019) buildings, structures and other improvements in land properties, including about the linear sites (above-ground and underground pipelines and facilities) of the technical infrastructure and their easement strips, other than buildings and facilities with self-contained objects in them;

c) perennial plantations;

d) water courses and water surfaces;

e) mineral deposits in the earth's womb;

f) the relief of the earth's surface;

g) (new – SG 49/14) other objects, determined in a regulatory act.

2. (suppl. – SG 41/19, in force from 22.08.2019) produce and maintain updated specialized maps, registers and information systems on the basis of data under it.1.

3. (new – SG 49/14) assign the production and arrange the adoption of specialized maps and registers.

(2) (Amend. – SG 41/19, in force from 22.08.2019) Specialized maps, registries and information systems shall be created and maintained on the basis of the data from the cadastre and in the form of the record under Art. 12, item 5.

(3) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The content of the specialized maps and registers, and the provisions and routines for their production and maintenance, shall be prescribed by ordinances, issued by the head of the relevant department and the Minister of Regional Development and Public Works.

(4) (new – SG 49/14) Specialized maps and registers are adopted by a commission, appointed by an order to the employer, including: chairman – employer’s representative and members – representatives of the office of geodesy, cartography and cadastre, of the municipal administration and of other interested persons.

(5) (New – SG 49/14, suppl. – SG 41/19, in force from 22.08.2019) A copy of the adopted specialized maps and registers shall be submitted, free of charge, to the Agency of geodesy, cartography and cadastre and to the municipal administration in a digital form and in the format prescribed in Art. 12, item 5. The information about the submitted specialized maps shall be recorded in the register referred to in Art. 12, item 11.

(6) (New – SG 49/14, repealed – SG 41/19, in force from 22.08.2019) .

(7) (New – SG 57/16, repealed – SG 41/19, in force from 22.08.2019)

(8) (New - SG 49/14, amend. - SG 57/16, amend. – SG 41/19, in force from 22.08.2019) The bodies or entities under para. 1 shall provide the Geodesy, Cartography and Cadastre Agency the new or changed data about the objects of para. 1, item 1 within 7 days from the occurrence or the change thereof. The bodies or entities who provide that data shall bear responsibility for its accuracy and timeliness.

(9) (New – SG 57/16, amend. – SG 41/19, in force from 22.08.2019) The persons under Para. 1 shall be obliged to provide public access to the specialized maps, registries and information systems in order to make inquiries and checks, as well as to obtain specialized data, which they collect and keep up to date according to the nature of their functions. Access to the data under Para. 1, item 1 shall be carried out electronically through the information portal of the Single Information Point.

(10) (New - SG 49/14, previous para. 7 - SG 57/16, repealed – SG 41/19, in force from 22.08.2019)

 

 

Art. 33. (1) (amend. and suppl. – SG 49/14) Specialized information systems using cadastral information must maintain a link with the information systems of the cadastre and of the property register.

(2) (amend., SG 36/04; amend. – SG 66/13, in force from 26.07.2013; revoked – SG 49/14).

 

 

Art. 34. (Amend. - SG 49/14, amend. – SG 41/19, in force from 22.08.2019) (1) For the purposes of spatial planning and investment design, as well as for other urbanization activities in urbanized territories, specialized maps for developmental planning shall be produced.

(2) The specialized cards under Para. 1 shall be made in the form of the record under Art. 12, item 5 by combining the data from the cadastral map, the data from the specialized maps under Art. 32, by reflecting water areas and currents, landscaped areas and other underground and aboveground sites of the public works, also the data from an approved detailed development plan, as well as other data under Art. 115 of the Spatial Development Act. The making of the specialized maps under Para. 1 can be performed simultaneously or separately from the creation of the cadastral map and cadastral registries.

(3) The specialized maps under Para. 1 shall serve as a technical basis for the making of development plans and their amendments, when they possess the necessary data under Chapter Seven, Section 1 of the Spatial Development Act.

(4) The Agency for Geodesy, Cartography and Cadastre and / or the municipalities shall assign the making of the specialized maps under Para. 1. Assignors of specialized cards under Para. 1 may also be the persons under Art. 124a, Para. 3 and 4 of the Spatial Development Act, as well as the persons under Art. 124a, Para. 5 of the same Act, whom have been issued a permit for elaboration of a draft detailed development plan.

(5) Specialized maps under Para. 1 shall be maintained by the municipalities.

(6) The content and procedure for creating and maintaining the specialized maps under Para. 1 shall be defined by an ordinance, issued by the Minister of Regional Development and Public Works.

 

Chapter five.
PRODUCTION OF CADASTRAL MAP AND CADASTRAL REGISTERS

 

Art. 35. (1) (amend. - SG 29/06) A procedure for production of a cadastral map and cadastral registers shall be initiated by order of the executive director of the Agency for geodesy, cartography and cadastre.

(2) The order under para.1 shall contain the name and the boundaries of the district, for which a cadastral map and cadastral registers will be produced, the licensed person, who was assigned with the production of the cadastral map and cadastral registers, and the performance schedule for this activity. It shall also indicate the term for demarcation of the boundaries of land properties, which can not be shorter than 30 days after the promulgation of the order.

(3) (amend. - SG 29/06; amend. and suppl. – SG 49/14) The order under para.1 shall be promulgated in "State Gazette", disseminated through two central daily newspapers, and shall be displayed in appropriate places with public access in the buildings of the office for geodesy, cartography and cadastre, the municipality, and the mayoralty. The dissemination through two central daily newspapers and displaying in appropriate places with public access in the office for geodesy, cartography and cadastre, the municipality and the mayoralty shall take place within 5 days after the promulgation in State Gazette.

 

 

Art. 35a. (new, SG 36/04; amend. – SG 49/14) (1) (amend. – SG 61/15) * Cadastral map and cadastral registers may also be created for an individual property or a group of properties in territories for which there is no approved cadastre maps and plans approved pursuant to the provisions of the Restoration of Ownership of Forests and Forestry Fund Lands Act.

(2) The cadastre map and cadastre registers referred to in par. 1 shall be produced upon request of the property owner at their expense.

 

 

Art. 35b. (new, SG 36/04) (1) The procedure under art. 35a shall be opened by an order of:

1. (amend. - SG 29/06) the head of the office for geodesy, cartography and cadastre at the location of the properties;

2. (amend. - SG 29/06) the executive director of the Agency for geodesy, cartography and cadastre when the request regards immovable properties located in a region for which an order has been issued pursuant to art. 35, para 1.

(2) (amend. – SG 49/14) The order under para 1 shall contain the location and the boundaries of the properties, the legally capable person to whom the work will be assigned and the term of marking the boundaries.

(3) (amend. – SG 49/14) The order under para 1 shall be communicated to the interested persons pursuant to the provisions of the Code of Administrative Procedure.

 

 

Art. 35c. (new – SG 49/14) For the production of a cadastre map and cadastre registers of territories occupied by linear objects, the procedure of production of a cadastre map and cadastre registers under Art. 35 shall apply.

 

 

Art. 36. The Regional Governor and the Municipal Mayor must:

1. Ensure demarcation of boundaries of state and municipal properties within the term, indicated in the order under art. 35, para.1;

2. (amend., SG 36/04; amend. - SG 29/06) Furnish to the Agency for geodesy, cartography and cadastre data about the immovable properties from the relevant registers.

 

 

Art. 37. (1) (amend. - SG 105/05, in force from 01.01.2006; amend. - SG 29/06; amend. and suppl. – SG 49/14) The revenue bodies of municipal administrations upon request by the Agency for geodesy, cartography and cadastre - must furnish to the offices for geodesy, cartography and cadastre the available data about the immovable properties and their owners contained in the registers kept by them.

(2) (amend. – SG 66/13, in force from 26.07.2013; revoked – SG 49/14).

(3) (new – SG 49/14; amend. – SG 98/14, in force from 28.11.2014, suppl. – SG 57/16) The Ministry of Regional Development and Public Works shall provide to the Geodesy, Cartography and Cadastre Agency information about the name, national identification number and/or permanent address of the natural person for cadastre needs.

(4) (new – SG 49/14) The registry offices shall provide the available information in the registry books in a digital or in a written form.

 

 

Art. 38. (1) (amend. – SG 49/14) The owner, and in cases referred to in item 1, 3 and 4 aslo the subject vested in another real right, respectively - must:

1. ensure free access to the property for performance of cadastral works;

2. (amend. – SG 49/14, amend. – SG 57/16) demarcate with the prescribed permanent marks - the property boundaries and preserve the marks from destruction;

3. (amend. - SG 29/06; suppl. – SG 49/14) produce to the officer of the office for geodesy, cartography and cadastre, or to the person under art. 35, para.2, respectively under Art. 35b, par. 2 - upon request - an act/deed certifying his rights over the property, as well as furnish to him other data, according to the ordinance under art. 31;

4. preserve the geodetic monuments placed in the property.

(2) (suppl., SG 36/04 ; amend. - SG 29/06) In case of destruction of monuments under para.1, it.4, the owner - or the subject vested in another real right, respectively - must immediately notify the office for geodesy, cartography and cadastre. Where, due to construction or assembly works a necessity occurs of removing a geodetic sign the person shall be obliged to inform immediately the cadastre office 7 days before starting the works. The sign shall be restored for the account of the person by an order determined by the ordinance under art. 31.

(3) (new – SG 49/14) For the fulfillment of the respective obligations under par. 1, items 1, 2 and 3 a certifying document shall be issued by the person, nominated by the order under Art. 35, para. 2, respectively under Art. 35b, par. 2.

 

 

Art. 39. (1) (amend., SG 36/04; amend. - SG 29/06) In order to place geodetic monuments and to survey, the officer of the office for geodesy, cartography and cadastre - or the person under art. 35, para 2, respectively art. 35b, para 2 shall be entitled to:

1. Pass through the immovable property to the survey station - or the geodetic monument, respectively after notification of owner.

2. Perform surveys;

3. Place temporary survey monuments in landed properties or on buildings;

4. Upon notification in advance of the owner of immovable property - place permanent geodetic monuments in the landed property or on buildings.

(2) In order to perform geodetic/survey activity on an immovable property, related to the defense and security, as well as to place geodetic monuments on it, permission by the relevant department director or his assigned officer shall be required.

(3) (amend., SG 36/04) The person under art. 35, para.2, respectively art. 35b, para 2 must demonstrate his entitlement to execute actions under para.1, as well as his entitlement to request producing acts/deeds and furnishing data under art. 37, para.1, it.3.

 

 

Art. 40. (Amend. – SG 49/14, amend. – SG 41/19, in force from 22.08.2019) Costs for rectification of incompleteness or errors in the cadastral map and cadastral registries shall be at the expense of the owners of real estate only if the missing or inaccurate data about the properties do not exist in the sources under Art. 41 and without fulfilling their obligations under Art. 36 and Art. 38, Para. 1 – 3, they could not be included in the cadastre.

 

 

Art. 41. (1) (amend., SG 36/04) Cadastral map and cadastral registers shall be created by uniting data which:

1. (suppl. – SG 49/14; amend. – SG 61/15, suppl. – SG 57/16) * are contained in maps, plans, cadastral plans, implemented detailed urban plans, implemented detailed development plans, registers and other documentation approved by the order of the revoked Act on uniform cadastre of the People’s Republic of Bulgaria, the revoked Act on territorial and urban development, the Spatial Development Sct, the Farm Land Ownership and Use Act and the Restoration of Ownership of Forests and Forestry Fund Lands Act, have a nature of basic cadastre data and correspond, by contents and precision, the requirements determined by the ordinance under art. 31;

2. (amend. – SG 49/14) have been gathered through geodetic measuring and calculations;

3. (new – SG 49/14, suppl. – SG 57/16) are contained in the approved cadastre map and cadastre registers, or in cadastral plans approved under § 40 of the transitional and final provisions of the Act amending and supplementing the Cadastre and Property Register Act (SG 36/04).

(2) (amend., SG 36/04) The data for the owners and holders of other real rights, as well as for the acts from which they draw their rights shall be gathered from:

1. the registers to the maps and plans;

2. the presented acts under art. 38, para 1, item 3;

3. ( amend. – SG 49/14) the registers of the municipal and state property;

4. (revoked - SG 105/05, in force from 01.01.2006);

5. (new – SG 49/14) registers of the revenue authorities in the respective municipal administrations;

6. (new – SG 49/14) register of residents – "Residents" national data base;

7. (new – SG 49/14) registry offices.

(3) (amend. – SG 49/14) The data about the right of ownership and the other real rights shall be clarified on the basis of the files under Art. 65, par. 3, presented by the registry office under the provision of art. 71c, par. 3.

(4) (new – SG 49/14, revoked – SG 57/16)

(5) (amend., SG 36/04; prev. par. 4 – SG 49/14) Data about the owners and other holders of real rights will not be indicated in the cadastral register of immovable properties, as well as about the acts from which they draw their rights if they are not established by the order of para 2.

(6) (new – SG 49/14, amend. – SG 57/16) Where from the collected data according to the provision of par. 2 and 3 is revealed the existence of documents showing duplication of Holders of property rights, respectively of another real right for one and the same property, the information about all persons and documents shall be recorded in the cadastre register of immovable properties.

 

Art. 41a. (new, SG 36/04) (1) (prev. Art. 41a, amend. – SG 49/14) In the cases of art. 36, item 1 and art. 38, para 1, item 2 the boundaries shall be marked only in the territories pointed out by the order for opening a procedure, where the cadastral map and the cadastral registers are created through geodetic measurements.

(2) (new – SG 49/14, revoked – SG 57/16)

 

Art. 42. (1) (amend. – SG 49/14) For the production and maintenance of cadastral mapping of the country, a three dimensional network of geodetic points shall be maintained as a uniform reference base for geodetic surveys.

(2) Geodetic co-ordinates in the cadastre shall be determined in a uniform co-ordinate reference system.

 

 

Art. 43. (1) Boundaries, that are objects in the cadastre, shall be fixed, as follows:

1. state border - by international treaties;

2. boundaries of administrative-territorial units - pursuant to the provisions and routines, established by the Administrative andTerritorial Structure of the Republic of Bulgaria Act;

3. (amend., SG 36/04; amend. - SG 29/06) boundaries of territories in creating new settlements or change of the existing ones - by a commission, appointed by the regional governor, composed of: chairperson - a representative of the regional administration, and members: representatives of the relevant municipal administrations, representatives of the mayoralties and the office for geodesy, cartography and cadastre;

4. boundaries of territories of identical durable landuse - pursuant to provisions and routines, established by law or other statutory act, or with approved development plan;

5. (suppl. – SG 49/14, amend. – SG 57/16) boundaries of land properties in urban areas, upon analysis of the data from:

a) the situation demarcated in loco, in compliance with the right of ownership;

b) the existing on-site materialized boundaries, where they are not marked subject to compliance with the provision of sub-item "a";

c) plans and maps indicated in art. 41, para 1, item 1.

d) regulation plans of implemented courtyard regulation

6. (new – SG 49/14, amend. – SG 57/16) boundaries and/or outlines of buildings and facilities from:

a) plans and maps referred to in Art. 41, para. 1, items 1 and 3;

b) photographing the state of the location

(2) (amend. - SG 29/06) The Agency for geodesy, cartography and cadastre shall not bear responsibility for displacements in mapping out the boundaries of land properties in the cadastral map, that are smaller than the allowances according to the ordinance under art. 31.

(3) Disputes on boundaries of land properties and of territorial units shall be resolved by court procedures.

(4) The boundaries of land properties and boundaries of territories belonging to settlements shall be demarcated in loco and pursuant to routine, established by the ordinance under art. 31.

 

 

Art. 44. (1) (amend., SG 36/04; amend. – SG 49/14) The outlines of self-contained objects in buildings and in technical infrastructure facilities shall be ascertained by the building documentation, acts/deeds of ownership, or, in case of lack of sufficient information therein - also by depiction in loco.

(2) (revoked, SG 36/04; new – SG 49/14) The diagrams referred to in Art. 29, par. 2 shall be produced in the course of engineering of cadaster map and cadaster registers.

 

 

Art. 44a. (New – SG 49/14, amend. - SG 41/19, in force from 22.08.2019) Where in the course of production of cadastre map and cadaster registries discrepancies are found, obtained by merging the data under Art. 41, Para. 1, the boundaries of the sites of the cadastre, which are materialized on site, in accordance with the ownership documents, shall be entered in the cadastral map. When the boundaries of the cadastral sites in the urbanized territories are not materialized on site, they shall be reflected according to the boundaries captured in the cadastral plan, and for the parts with applied regulation - according to the boundaries of the applied regulation plan.

 

 

Art. 45. (amend. - SG 29/06; suppl. – SG 49/14) The cadastral map and cadastral registers of the district, produced by the person determined in the order of art. 34, para.2, shall be accepted by the office for geodesy, cartography and cadastre. The acceptance commission’s meeting shall be scheduled within 30 days after the submission of the legally required materials and documents.

 

 

Art. 46. (1) The accepted cadastral map and cadastral registers of immovable properties shall be publicized to the interested parties pursuant to the routine under art. 35, para.3.

(2) (amend. - SG 29/06) Owners may, within a 30-days term after the publication in "State Gazette", lodge to the office for geodesy, cartography and cadastre objections in writing on the cadastral map and the cadastral register of immovable properties.

(3) (new, SG 36/04) Written objections for the parts of the cadastral map and the cadastral registers created by the order of art. 41, para 1, item 1 may be made only regarding non-compliance with the data from the plans and maps used in their creation.

 

 

Art. 47. (1) (amend. - SG 29/06; suppl. – SG 49/14, amend. – SG 58/17, in force from 18.07.2017) Objections shall be examined by a commission composed of: chairperson - the head of the office for geodesy, cartography and cadastre, and members: representative of the office for geodesy, cartography and cadastre, representatives of the municipal and the regional administration, and representatives of the Ministry of Agriculture, Foods and Forestry, of the Executive Agency of forests and of other departments concerned.

(2) (amend. - SG 29/06) The executive director of the Agency for geodesy, cartography and cadastre shall, by an order, nominate in person the commission membership, by municipalities.

(3) The chairperson shall organize the work of the commission.

 

 

Art. 48. (1) The commission shall adjudicate motivated rulings on the objections within a 30-days term after the expiry of the term under art. 46, para.2.

(2) (amend. – SG 49/14) Alterations of the cadastral map and cadastral register for immovable properties in conformity with the rulings under para.1 shall be effected by the person, determined with the order under art. 35 para.2, within 45-days.

(3) The fulfillment of obligations under para.2 shall be accepted pursuant to the routine under art. 45.

 

 

Art. 49. (1) (amend. - SG 29/06; suppl. – SG 49/14, amend. – SG 57/16, amend. – SG 58/17, in force from 18.07.2017) The adopted cadastral map and cadastral registers shall be approved by order of the Executive Director of the Geodesy, Cartography and Cadastre Agency, which order shall be communicated to interested parties pursuant to Art. 35, para. 3. The order shall be issued within 14 days from the adoption of the amendments to the cadastral map and cadastral registers under Art. 48, para. 2.

(2) (suppl. - SG 36/04, amend. - SG 30/06, in force from 01.03.2007, amend. - SG 57/16) The approved cadastral map and cadastral registers shall not be subject to appeal.

(3) (amend. - SG 29/06, revoked - SG 49/14, new - SG 57/16, amend. – SG 58/17, in force from 18.07.2017) The Geodesy, Cartography and Cadastre Agency, within 7 days from the promulgation of the order under para. 1 in the State Gazette, shall inform the Minister of Justice, the Minister of Agriculture, Foods and Forestry and the mayor of the municipality that the cadastral map and cadastral registers for the respective territory have been approved.

(4) (new - SG 36/04, amend. - SG 49/14, revoked - SG 57/16)

(5) (New - SG 36/04, revoked - SG 57/16)

(6) (New - SG 36/04, revoked - SG. 49 of 2014)

(7) (New - SG 49/14, revoked - SG 57/16)

(8) (New - SG 49/14, revoked - SG 57/16)

(9) (New - SG 49/14, revoked - SG 57/16)

 

Art. 49a. (new, SG 36/04) (1) (amend. - SG 29/06; amend. – SG 49/14) The worked out cadastral map and cadastral registers by the order of art. 35a shall be accepted by the office for geodesy, cartography and cadastre about which the interested persons shall be notified by the order of the Code of Administrative Procedure. They may make written objections within 14 days from receipt of the notification before the office for geodesy, cartography and cadastre.

(2) The commission under art. 47, para 1 shall announce its decision within 14 days from expiration of the term for filing objections. The amendments of the cadastral map and of the cadastral registers according to the decisions of the commission shall be introduced by the person under art. 35b, para 2 within 14 days.

(3) (amend. - SG 29/06; suppl. – SG 49/14, amend. – SG 57/16) The accepted cadastral maps and cadastre registers under para 1 shall be approved by an order of the head of the office for geodesy, cartography and cadastre, respectively of the executive director of the Agency for geodesy, cartography and cadastre. The order shall be issued within 7 days from the adoption of the amendments of the cadastre map and cadastre registers as per para. 2.

(4) (amend. - SG 30/06, in force from 01.03.2007; amend. and suppl. – SG 49/14, amend. – SG 57/16) The approved cadastral map and cadastral registers under para. 1 shall not be subject to appeal.

(5) (amend. – SG 49/14, revoked – SG 57/16)

(6) (new – SG 49/14, revoked – SG 57/16)

(7) (new – SG 49/14) The office of geodesy, cartography and cadastre within 7 days after the issuance of the order under par. 3 shall notify the municipal administration, the municipal agriculture office and the registry office at the place of location of the property, that the cadastre map and cadastre registers have been approved.

 

 

Art. 49b. (new, SG 36/04; amend. - SG 29/06; amend. – SG 49/14) Upon the promulgation of the cadastral map and the cadastral registers for the respective territory for issuance of acts which acknowledge or transfer the right of ownership, or establish, transfer, amend or terminate another real right on an immovable property or mortgage is established, outline drawings shall be required from the cadastral map and diagrams of self-contained objects in buildings or in technical infrastructure facilities or outline design drawings in cases referred to in Art. 52, par. 1, issued by the Agency for geodesy, cartography and cadastre.

 

 

Art. 49c. (new – SG 49/14, revoked – SG 57/16)

 

 

Art. 50. (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) Provisions and routines for control and acceptance of the cadastral map and cadastral registers shall be prescribed by an ordinance, issued by the Minister of Regional Development and Public Works.

 

Chapter six.
MAINTAINING THE CADASTRAL MAP AND THE CADASTRAL REGISTERS UP-TO-DATE

 

Art. 51. (amend. – SG 49/14) (1) The cadastral map and the cadastral registers shall be maintained up-to-date and shall be amended in case of identified modification of:

1. the data about the objects in the cadaster having occurred after entering of the cadastre map and cadastre register in force;

2. incompleteness and errors.

3. (New – SG 57/16) obvious factual error.

(2) The amendments in the cadastre map and cadastre register under par. 1 shall be done by the office of geodesy, cartography and cadastre at the place of the property.

(3) The amendments in the cadastre map and cadastre register shall take place upon an application of an owner, another person, where this is provided by the law, or based on information submitted ex-officio by an administration of a municipal administration.

(4) (New - SG 44/19) The commencement of the procedure for amendment of the cadastral map and the cadastral registries under Para. 1, items 2 and 3 for territories where more than 50 land plots fall, the notification to the stakeholders shall be made by the Agency for Geodesy, Cartography and Cadastre via a notice published in the State Gazette. The notice shall be announced in appropriate public places in the locations of the geodesy, cartography and cadastre offices, the municipality and the town hall of the property location. The announcement in the offices of geodesy, cartography and cadastre, the municipality and the mayoralty of the location of the properties shall be made within 5 days of the promulgation in the State Gazette.

(5) (Suppl. – SG 57/16, previous Para. 4 - SG 44/19) The amendments in the cadastre map and cadastre register under par. 1, items 2 and 3 for territories, including more than 50 land properties, may be done upon a request of the municipality mayor.

(6) (Amend. and suppl. – SG 41/19, in force from 22.08.2019, previous Para. 5 - SG 44/19) For making the amendments in the cadastre map, a design shall be produced in a digital form in the format specified in Art. 12, item 5, where the newly formed properties are individualized with boundaries and an identifier. The design shall be engineered by a qualified person for cadastre. The drafted project shall be submitted in digital form by electronic means.

(7) (Amend. – SG 57/16, previous Para. 6 - SG 44/19) In case of changes of boundaries of land properties and buildings for the establishment of new cadastral objects, in case of replenishment of incompletenesses or rectification of errors, as well as when rectifying obvious factual errors in the cadastre map, the design referred to in par. 5 shall contain also data from land survey measurements.

(8) (Previous Para. 7 - SG 44/19) Displacements of earth masses as a result of natural disasters shall not change the boundaries of land properties in the cadastre, except for the cases provided by the law.

 

 

Art. 52. (amend. - SG 49/14) (1) (amend. – SG 57/16)

The office of Geodesy, Cartography and Cadastre Agency shall issue a sketch-design for a real estate which is not reflected in the cadastral map and cadastral registers, based on a draft amendment in case of:

1. sharing;

2. alienation of a part of land property

3. modification of boundaries by owners’ mutual consent;

4. assembling of land properties of different owners;

5. obtaining an act of usucapt or of acquisition of another real right on a real estate;

6. Art. 19, par. 6 of the Farm Land Ownership and Use Act for the issuance of decisions for reinstating of the right of ownership on a land property;

7. individualization of properties subject to transfer, alienation or acquisition of right of ownership.

(2) The amendment in the cadastre map or cadastre registers under par. 1 shall be made upon submission of the date of a registered act according to the provision of Art. 86, par. 1.

 

 

Art. 53. (amend. – SG 49/14) (1) The amendments in the cadastral map and cadastral registers of real estate shall be done in case of:

1. occurrence of new or modification of the information subject to registration;

2. withdrawal of the reasons for carried out registration in cases referred to in par. 2, and Art. 41, par. 6;

3. identified incompliance between the data in the cadastre register of real estates and the source providing the data.

(2) (amend. – SG 57/16) When there are documents certifying duplication of holders of ownership rights, respectively of another real rights, for one and the same property, in the cadastral register of real estate shall be recorded the data on all entities and documents.

(3) (suppl. – SG 57/16) The amendments under para. 1, item 2 and para. 2 shall be communicated subject to compliance with the provisions of the Code of Administrative Procedure to all interested persons within three days of their occurrence.

 

 

Art. 53a. (new – SG 49/14) Amendments in the cadastre map and cadastre registers shall be done without an issued order in cased referred to in Art. 52 and 53, and also in case of:

1. fulfillment of an effective court decision;

2. sharing, merging or change of boundaries or outlines between neighbouring properties, owned by the same person;

3. inserting of new, and also sharing, merging or deletion of existing buildings or self-contained objects in buildings or in technical infrastructure facilities;

4. re-determination of the coordinates of bordering points of a land property under terms and conditions set out in the ordinance under Art. 31.

5. (new – SG 57/16) applying boundaries on land properties on the basis of:

a) enacted detailed development plan, approved under Art. 16 of the Spatial Development Act;

b) implementation of enacted unimplemented courtyard-regulation plans under § 8, para. 2, item 1 of the transitional provisions of the Spatial Development Act;

c) enacted plan for consolidation under Art. 37e of the Farm Lands Ownership And Use Act;

d) enacted plan of the newly formed estate under § 4k, para. 6 in conjunction with para. 11 of the Transitional and Final Provisions of the Farm Lands Ownership And Use Act.

 

 

Art. 53b. (New - SG 57/16) (1) The obvious factual error shall be removed from the Geodesy, Cartography and Cadastre Agency at the request of an interested person or upon its being found by the office of geodesy, cartography and cadastre.

(2) The obvious factual error shall be removed based on a draft amendment of the cadastral map and cadastral register of real estate, made by authorized person at the request of the Geodesy, Cartography and Cadastre Agency or at the request of an interested party.

(3) The scope of the draft shall include all land properties affected by the established obvious factual error.

(4) The Geodesy, Cartography and Cadastre Agency shall send the draft amendment of the cadastral map and cadastral register of real estate under par. 2 to the Director of Regional Directorate "Agriculture" for consultation on compensation pursuant to Art. 10b of the Farm Lands Ownership And Use Act, respectively pursuant to Art. 6 and § 8 of the transitional and final provisions of the Restoration Of Ownership Of Forests And Forestry Fund Lands Act. In the absence of grounds for compensation, the Director of Regional Directorate "Agriculture" shall return the draft with a reasoned opinion.

(5) Amendments in the cadastral map and the cadastral register of real estate under Art. 51, para. 1, item 3 shall be carried out following:

1. an order of the Chief of the office of geodesy, cartography and cadastre, where the amendment affects up to 50 plots of land property;

2. an order of the Executive Director of the Geodesy, Cartography and Cadastre Agency, where the amendment affects more than 50 plots of land property.

(6) In order to compensate the affected persons pursuant to Art. 10b, para. 1 of the Farm Lands Ownership And Use Act or Art. 6 and § 8 of the transitional and final provisions of the Restoration Of Ownership Of Forests And Forestry Fund Lands Act, the order accompanied by the sketch-design shall be sent to the municipal office of agriculture. The sketch-design for the removal of the obvious factual error shall contain data about the area of ​​territory, for which compensation is due under Art. 10b, para. 1 of the Farm Lands Ownership And Use Act, respectively pursuant to Art. 6 and § 8 of the transitional and final provisions of the Restoration Of Ownership Of Forests And Forestry Fund Lands Act.

(7) The order under par. 5, item 1 shall be communicated to the interested parties under the order of the Administrative Procedure Code and shall be subject to appeal within 14 days from its announcement thereof before the administrative court at the location of the property.

(8) The order under par. 5, item 2 shall be communicated under Art. 35, para. 3 and shall be subject to appeal within 30 days of its promulgation in the State Gazette under the order of the Administrative Procedure Code before the administrative court at the location of the property.

(9) The appeal of the order under par. 7 and 8 shall not hinder its execution, unless the court decides otherwise.

 

Art. 54. (amend. - SG 49/14) (1) Incompleteness or an error shall be supplemented or corrected by the offices of geodesy, cartography and cadastre based on written proofs and a design of amendment of the cadastre map and cadastre register of real estates.

(2) (amend. – SG 57/16) Where the incompleteness or the error is related to a dispute over a real right, they shall be removed after the settlement of the dispute through court proceedings. Where needed, the court may instruct an expert qualified in cadastre to develop a combined sketch with coordinates of the boundary points. The final court decision, accompanied by a draft amendment prepared by a person qualified in cadastre shall be a reason to amend the cadastral map pursuant to Art. 53a, item 1.

(3) It shall not be considered incompleteness or an error in the cadastre map the difference in coordinates of a point from the border, determined from the cadastre map and through land survey measurements, where it is less than the allowable one determined by the ordinance under Art. 31.

(4) (amend. – SG 57/16) Amendments in the cadastre map and the cadastre register of real estates in case of repairing of incompleteness or an error shall be approved by an order of the head of the office for geodesy, cartography and cadastre at the place of location of the property. A sketch-design shall be attached to the order. The order for the approval of the amendment shall be communicated following the provisions of the Code of Administrative Procedure to the interested person whose rights have been affected by the amendment.

(5) (Amend. – SG 57/16, amend. - SG 44/19) In cases under Art. 51, par. 5 the amendments in the cadastre map and the cadastre register of real estate shall be approved by an order of the Managing Director which shall be communicated to the interested persons according to the provision of Art. 35, par. 3.

(6) The orders under par. 4 and 5 may be appealed following the provisions of the Code of Administrative Procedure before the administrative court at the place of location of the property.

(7) (new - SG 57/16) While mapping a property in the cadastral map and cadastral register of real estate, whose ownership right has been restored under Art. 10, para. 7 of the Farm Lands Ownership And Use Act, the procedure under par. 1-6 shall apply.

 

Art. 54a. (new – SG 49/14) (1) (amend. – SG 57/16) The courts shall submit to the office of geodesy, cartography and cadastre at the place of location of the property a certified copy of an enforced court decision under Art. 43, par. 3 or a decision of Art. 54, par. 2 within 30 days after their entering into force. The owner shall submit to the office of geodesy, cartography and cadastre a draft for determination of the boundaries, produced by a qualified person.

(2) The owner, respectively the employer shall be obliged to provide to the office of geodesy, cartography and cadastre, information about the constructed, overbuilt, added buildings, about the buildings under the ground surface, about the rearranged or removed buildings, about the self-contained objects in buildings and in technical infrastructure facilities, and also the zones of restrictions subject to the terms and conditions and following a procedure, determined by the ordinance under Art. 31.

(3) (Amend. – SG 41/19, in force from 22.08.2019) The construction works, subjects of the cadastre, shall not enter into operation unless they are mapped into the cadastral map and the cadastral registries. The construction works which are not subjects of the cadastre but create restriction zones, shall not be put into operation if the restriction zones have not been mapped into the cadastral map and the cadastral registries. The Agency for Geodesy, Cartography and Cadastre shall give the authorities access to the information system of the cadastre when they put the sites into operation, in order to carry out official verification of their presence in the cadastral map and the cadastral registries. The construction works under Art. 32, Para. 1, item 1, letters "b" and "g", which create zones of restrictions, shall not be put into operation unless they have been entered in the respective specialized maps and registries under Art. 32.

(4) The administrations and municipalities shall submit within 7 days to the office of geodesy, cartography and cadastre the modifications in the major cadastre data under Art. 27, par. 1 and 3.

 

 

Art. 54b. (new – SG 49/14, amend. – SG 57/16). Where by an administrative act or a court decision an amendment of the cadastre map and the cadastre register of real estate is revoked, the office of geodesy, cartography and cadastre shall restore the information in the cadastre map and the cadastre register of real estates in the condition before the amendment without issuing an order.

 

 

Art. 54c. (new – SG 49/14) The office of geodesy, cartography and cadastre shall advise the registry office of the amendments made pursuant to the provisions of this Chapter through the information system referred to in Art. 7, par. 1.

 

Chapter seven.
PROVIDING CADASTRAL DATA

 

Art. 55. (amend. - SG 49/14) (1) The Agency of geodesy, cartography and cadastre shall, upon request, provide services with information from the cadastral map and the cadastral registers by providing official documents and references.

(2) The official documents shall be sketches, diagrams, designs, exerts from the cadastre map and/or cadastre register, certificates and copies of data and materials.

(3) The official documents referred to in par. 2 shall be issued by the head of the office of geodesy, cartography and cadastre, by the Managing Director of the Agency of geodesy, cartography and cadastre or by employees authorized by him/her in the territory of the whole country.

(4) Offical documents and references may be issued by remote access to the cadastre information system.

(5) (Amend. and suppl. - SG 42/18, in force from 22.05.2018, amend. – SG 41/19, in force from 22.08.2019) The documents referred to in par. 2, provided through remote access to the information system of the cadastre shall have the validity of an official document, issued by the Agency of geodesy, cartography and cadastre.

(6) (Amend. - SG 57/16, amend. – SG 41/19, in force from 22.08.2019) A body of the judiciary, an administrative body, an entity with public functionsor an organization providing public services, having received an electronic document under Para. 2 through remote access to the cadastre information system or provided to them by an interested person, may print it on paper and certify the identity of the content of the original with the printed copy. The printed copy shall only be used in relation to their conducted proceedings.

(7) (new - SG 57/16) Municipal Agriculture Offices shall assist the offices for geodesy, cartography and cadastre outside the administrative centers of the regions in the administrative servicing of the users of the cadastral information for agricultural and forest territories with approved cadastral map and cadastral registers by:

1. accepting and processing applications for administrative services set out in the ordinance under Art. 58, para. 1, and providing the applicants with the official documents under par. 2 made by the offices for geodesy, cartography and cadastre;

2. issuing on paper official documents under par. 2, obtained electronically via remote access to the information system of the cadastre, and making them available to the applicants.

(8) (new - SG 57/16) The Geodesy, Cartography and Cadastre Agency may enter into agreements with municipalities for joint service to users of the cadastral services, and for issuing on paper of official documents under par. 2, obtained electronically via remote access to the information system of the cadastre.

(9) (New - SG 57/16, amend. – SG 58/17, in force from 18.07.2017) In cases under par. 7 and 8, the Executive director of the Geodesy, Cartography and Cadastre Agency shall authorize with an order officials of the municipal agricultural offices and of the municipal administrations appointed by the Minister of Agriculture, Foods and Forestry, respectively by the mayor of the municipality. The terms and conditions for appointing the persons for their authorization and termination of authorization thereof, and for informing the Minister of Agriculture, Foods and Forestry, respectively the mayor of the municipality, for the termination shall be determined in the ordinance under Art. 58, para. 1.

(10) (New - SG 57/16) Authorized persons shall issue on paper official documents under par. 2, received electronically, on behalf of the Geodesy, Cartography and Cadastre Agency.

(11) (New - SG 57/16, amend. – SG 58/17, in force from 18.07.2017) The terms and conditions for the provision of services by the authorities under par. 7 and 8 shall be determined in the ordinance under Art. 58, para. 1, where the terms and conditions for the provision of services by the authorities under par. 7 shall be coordinated by the Minister of Agriculture, Foods and Forestry.

(12) (New - SG 57/16) No stamp duty shall be payable for searching and viewing of the cadastre map through remote access to the information system of the cadastre and property register.

 

 

Art. 55a. (New – SG 41/19, in force from 22.08.2019) Certificates for identity of immovable property shall be issued by the municipalities when it is necessary, in addition to the data from the cadastral map, to also use the data from maps and plans under Art. 41, Para. 1, item 1, as well as data contained in previous cadastral and regulatory plans.

 

 

Art. 56. (Revoked – SG 49/14, new – SG 41/19, in force from 22.08.2019) (1) Licensed persons in the cadaster field, who are traders or persons exercising a freelance profession, may assist the offices of geodesy, cartography and cadastre in the administrative servicing of users of cadastral information for those territories which have an approved cadastral map and cadastral registries by providing on paper the documents under Art. 55, Para. 2, obtained by remote access to the cadastre information system. For the documents provided, the persons licensed in cadastre shall collect the fee specified in the tariff under Art. 8, Para. 2.

(2) The documents under Para. 1, provided to the users of cadastral information by authorized cadastre persons on paper, shall have the strength of an official document.

(3) The terms and procedure for carrying out and terminating the activity under Para. 1, the control over it and the types of documents the licensed cadastre persons provide shall be defined by the ordinance under Art. 58, Para. 1. The circumstance under Para. 1 shall be noted in the register under Art. 12, item 8.

 

 

Art. 57. (1) (amend. - SG 29/06; amend. – SG 49/14) The information provided by the Agency of geodesy, cartography and cadastre shall be used only by the person, to whom the service has been provided for single use, in one only procedure.

(2) (amend. - SG 29/06) In order to reproduce cadastral data and separate materials with the intention of further use, a consent of the Agency for geodesy, cartography and cadastre shall be required.

(3) In terms of para.2, processing of cadastral maps, registers and data in digital format shall be deemed reproducing, as well.

 

 

Art. 58. (amend. - SG 49/14) (1) (amend. – SG 98/14, in force from 28.11.2014) The terms and conditions and the procedure of provision of the services, and also their type, format and content shall be determined by an ordinance, issued by the Minister of Regional Development and Public Works.

(2) (amend. – SG 98/14, in force from 28.11.2014) The content and the requirements for the production of balances under Art. 12, item 12 and also the procedure pf their provision shall be determined by an ordinance of the Minister of Regional Development and Public Works.

(3) (amend. – SG 57/16) The Agency of geodesy, cartography and cadastre shall provide for use free of charge cadastre data to administrations and municipalities for the implementation of their powers, arising out of laws, except for the cases referred to in par. 5. The provision of data shall be done through the information system of the cadastre.

(4) (New – SG 57/16, amend. – SG 58/17, in force from 18.07.2017) In order to implement powers conferred by law, the Ministry of Agriculture, Foods and Forestry shall gratuitously provide farmers with the data obtained under par. 3.

(5) (previous para. 4 – SG 57/16) For the provision of administrative services with information from the cadastre administrations and municipalities shall pay to the Agency of geodesy, cartography and cadastre the fees, determined in the tariff under Art. 8, par. 2.

(6) (previous para. 5 – SG 57/16) The Agency of geodesy, cartography and cadastre shall provide free of charge data bout the points of the geodetic blas? through the information system of the cadastre.

 

Chapter seven "a".
RECORDATION AGENCY (new, SG 36/04)

 

Art. 58a. (new, SG 36/04) (1) Created is Recordation Agency as an executive agency with the Minister of Justice, which is a corporate body with a seat in Sofia and recordation offices in the seats of the district courts.

(2) The recordation offices are territorial units of the Recordation Agency.

(3)(revoked – SG 38/12, in force from 01.07.2012)

 

 

Art. 58b. (new, SG 36/04) (1) The Recordation Agency shall:

1. organize the work for creation and maintenance of the property register;

2. provide the link between the property register and other registers;

3. provide the development and the technical improvement of the property register;

4. create and maintain a central archive in electronic form of the lots of immovable properties and recorded acts with the documents enclosed to them;

5. provide the improvement of the qualification of the employees;

6. be administrator of the proceeds from the fees and fines collected under this Act;

7. carry out other functions stipulated by the structural regulation.

(2) The recordation office in the magisterial precinct of the respective district court shall:

1. make entries, notes and deletion by order of the judge for the recordation;

2. prepare and submit to the Recordation Agency the information under para 1 – 4;

3. take information excerpts and issue certificates for the entries;

4. carry out activities related to the creation of the property register determined by the ordinance under art. 5, para 3.

 

 

Art. 58c. (new, SG 36/04) (1) The Recordation Agency shall be headed by an executive director.

(2) (revoked – SG 39/05)

 

 

Art. 58d. (new, SG 36/04) The activity, structure, organization of the work and the staff of the Recordation Agency shall be determined by a structural regulation adopted by the Council of Minister at a proposal of the Minister of Justice.

 

 

Art. 58e. (new – SG 109/13, in force from 01.01.2014) The Registry Agency shall provide the Executive Director of the National Revenue Agency with information, according to Art. 143h, para 1, item 5 of the Tax-Insurance Procedure Code about persons who are resident in another Member State of the European Union. The information shall be provided by April 30 in the following calendar year under the procedure of Art. 143h, para 8 of the Tax-Insurance Procedure Code.

 

Part three.
PROPERTY REGISTER

Chapter eight.
LOT OF IMMOVABLE PROPERTY. LOT DOSSIER

 

Art. 59. (1) The lot of each immovable property shall comprise of the following five sections:

1. Section "A" - for the property;

2. Section "B" - for recognition, ascertainment and conveyance of the right of ownership and for the owner;

3. Section "C" - for establishment and conveyance of other real rights and for the legal facts and circumstances, subject to recordation, except those under it.4 and it.5;

4. Section "D" - for mortgages;

5. Section "E" - for interdictions.

(2) The act/deed subject to recordation shall be recorded in the lot section, where it pertains to.

(3) The minister of justice shall approve a sample format of a lot.

(4) (New – SG 57/16) The lot is a document acting as announcement. The lot’s nature is not that of an evidence of the recorded facts, circumstances and rights.

 

 

Art. 60 In section "A" of the lot shall be recorded:

1. the identifier;

2. the type of property - landed property, building, or self-contained object in a building;

3. the address;

4. the boundaries of the landed property (the identifiers of the abutting properties - or the self-contained object in a building - condominium, respectively);

5. area in square meters or in decares;

6. designation of the property;

7. number of floors of the building;

8. the circumstance under art. 67, para.2 of the Inheritance Act.

 

 

Art. 61. (1) In section "B" of the lot shall be recorded:

1.name, "EGN" (i.e. Unified Citizen's Number) or other identification number, address - for any owner - individual;

2.name, organizational form, seat and code under the Unified state register of the economic objects in the Republic of Bulgaria or other identification number - for any owner - corporate body;

3. name, organizational form, seat and code under the Unified state register of the economic objects in the Republic of Bulgaria or other identification number of the state corporate body to which has been conceded the management - for the immovable properties - state property.

4. name, organizational form, seat and code under the Unified state register of the economic objects in the Republic of Bulgaria or other identification number of the organizations or juridical persons on municipal budget upkeep, entrusted pursuant to the routine under art. 12, para.2 of the Municipal Property Act with the free stewardship and management - for any immovable property - in municipal ownership;

5. name and code under the Unified classificator of the administrative - territorial and the territorial units - for any immovable property - in municipal ownership;

6. the court, the type of register and the number of volume and lot - for local juridical persons registered in a court register and for foreign juridical persons, that have registered a branch in the Republic of Bulgaria;

7. code under the Unified state register of the economic objects in the Republic of Bulgaria or other identification number - for local and foreign juridical persons, that have no court registration;

8. type of ownership - private or public;

9. in case of co-ownership - the undivided shares (fractions), as well as the data about the co-owners, or else in case of matrimonial joint ownership - the data about the spouses;

10. the act/deed from which the owner's right stems;

11. the number and date of notary act/deed or other act under art. 112 of the Ownership Act, subject to recordation, as well as the date of recording;

12. the claims under art. 114 of the Ownership Act;

13. the circumstance that the act/deed under it.11 is under caveat or for a term.

(2) In section "B" shall be noticed:

1. the application for recording;

2. the rejection by the recordation judge to enact recordation;

3. the appeal against the rejection under it.2.

 

 

Art. 62. (1) In section "C" of the lot shall be recorded:

1. the type of right;

2. the subject vested in the right;

3. term, should the right be for a term;

4. the act under art. 112 of the Ownership Act, subject to recordation;

5. the claims under art. 114 of the Ownership Act;

6. contracts, subject to recordation;

a) type of contract;

b) date of conclusion, parties and subject-matter;

c) the circumstance that the contract was concluded under caveat or for a term.

(2) In section "C" shall be noticed:

1. the application for recording;

2. the rejection by the recordation judge to enact recordation;

3. the appeal against the rejection under it.2.

 

 

Art. 63. (1) In section "D" of the lot shall be recorded:

1. type of mortgage - statutory, contractual, or for a collateral to a court;

2. type, number, date and issuer of the act/deed, on the grounds of which the recordation was effected;

3. amount of the receivable, for the securing of which the mortgage was established - principal, interest, expenses;

4. due date;

5. the mortgagee - respectively, with the data about him, indicated in art. 61., para.1;

6. the mortgagor - respectively, with the data about him or about the person for whose debt the mortgage was established, should the latter be other than the owner, indicated in art. 61, para.1;

7. changes of the receivable;

8. the crossing-out of the mortgage and the grounds;

9. the circumstance that the contract was concluded under caveat;

10. renewal of the mortgage.

(2) In section "D" shall be noticed:

1. the application for recording;

2. the rejection by the recordation judge to enact recordation;

3. the appeal against the rejection under it.2.

 

 

Art. 64. (1) In section "E" of the lot shall be recorded:

1. type of interdiction - general or for a separate property;

2. number and date of the act for imposing the interdiction and the body that imposed the interdiction;

3. number and date of recordation of the interdiction;

4. amount of the secured sum;

5. crossing-out of the interdiction and the grounds.

(2) In section "E" shall be noticed:

1. the application for recording;

2. the rejection by the recordation judge to enact recordation;

3. the appeal against the rejection under it.2.

 

 

Art. 65. (1) The lot shall be kept for immovable property having an identifier.

(2) Each lot shall have an independent number.

(3) (new – SG 49/14) Until entering of the order referred to in Art. 73 into force, property file shall be kept regardless whether there is an identifier generated for the property.

(4) (new - SG 57/16) Until issuing the order order under Art. 70, the Registry Agency shall prepare an electronic lot and an electronic lot dossier for the central archive under Art. 58b, para. 1, item 4 during each entry, marking or deletion of an act under Art. 110-115 of the Ownership Act affecting a property with identifier. The electronic lot shall be prepared with the available data from the registered act and the data on the property, provided by the Geodesy, Cartography and Cadastre Agency, and shall represent an aid for the subsequent preparation of property lots under par. 3 and Art. 59.

 

 

Art. 66. (1) In case of partition of an immovable property, separate lots shall be opened for each newly established property, where the lot number and the cadastre identifier of the partitioned property shall be recorded.

(2) In the lot of the partitioned property, the lot numbers and the cadastre identifiers of the newly established properties shall be recorded, and it shall be closed down.

(3) Real rights, mortgages and other real encumbrances over the partitioned property shall be recorded in the newly opened lots.

 

 

Art. 67. (1) In the lot of a property, being formed by amalgamation of properties, shall be recorded the lot numbers and cadastre identifiers of the properties forming it, as well as the real rights and the other real encumbrances over each of the properties.

(2) In the lots of the amalgamated properties, the lot number and the cadastre identifier of the newly established property shall be recorded, and they shall be closed down.

 

 

Art. 68. (1) The lot shall be kept on paper and on other data storage media. In case of inconsistency between the two records, legal action shall be ensued by the one kept on paper.

(2) Lost or destroyed lot shall be recovered by order determined in the ordinance of art. 5, par. 3.

 

 

Art. 69. (1) In a lot dossier shall be stored:

1. the acts/deeds that served as grounds for recordation;

2. the sketch of the property and the chart of the self-contained object in a building;

3. the documents under art. 77.

(2) The lot dossier shall bear the lot number.

 

Chapter nine.
CREATING OF THE PROPERTY REGISTER

 

Art. 70. (1) The procedures for creating the property register for each judicial district shall be opened with an order by the Minister of Justice in compliance with the program of art. 94, par. 2.

(2) In the order of par. 1 shall be pointed out the judicial district and the schedule of preparation of the property lots by the separate regions according to art. 35, par.2 as well as the recordation judge shall be determined.

(3) The order shall be promulgated in State Gazette.

 

 

Art. 71. (1) (amend. – SG 29/06; revoked – SG 49/14).

(2) (suppl., SG 36/04; amend. – SG 49/14) For a transaction with immovable property together with the registration the registering judge shall produce a batch under Art. 65, par. 3 of this property and shall enter its number in the act subject to recording.

(3) (amend. - SG 29/06; amend. – SG 49/14) The registry office shall submits to the office for geodesy, cartography and cadastre the batches under Art. 65, par. 2 in a digital form for clarification of the cadastral map and the data about the ownership and the other real rights in the cadastral register of the immovable properties as well as for giving identifiers.

 

 

Art. 72. (revoked – SG 49/14).

 

 

Art. 73. (1) (amend. – SG 49/14) Upon entering into force of the order under Art. 49a, par. 3 and after the approval of the cadastre map and registers of the respective territory the Minister of Justice shall issue an order by which the implementation of the property register of this territory shall be announced.

(2) (revoked – SG 49/14).

 

 

Art. 74. (1) (amend., SG 36/04; amend. – SG 49/14) Prior to the promulgation of the order of art. 73 the registrations shall be done according to the existing procedure with property batches produced under art. 65, par. 3. The number of the property batch shall be entered in the act subject to entering.

(2) (revoked – SG 49/14)

 

 

Art. 75. (amend. – SG 49/14) The procedure of generation of the property register after entering of the order under Art. 73 into force shall be determined with the ordinance of art. 5, par. 3.

 

Chapter ten.
RECORDATIONS IN THE PROPERTY REGISTER

 

Art. 76. (1) Recordation in the property register may be effected:

1. by request from an interested party or its representative;

2. by request from a notary in cases, envisaged in a law;

3. ex officio - in cases, envisaged under a law.

(2) (amend. – SG 49/14) Ex officio opening and closing of lots shall be accomplished in the cases under Art. 54c.

 

 

Art. 77. (1) The application for recording shall be written in Bulgarian language, and shall include:

1. the name, address and other data about the applicant, indicated in art. 61, para.1;

2. the legal fact, subject to recordation;

3. the description of the immovable property;

4. the identifier of the immovable property from the cadastre;

5. the lot number;

6. other circumstances, envisaged in a law;

7. signature of the applicant.

(2) To the application shall be attached:

1. (amend. – SG 49/14) a sketch from the cadastral map, and for the self-contained object in a building or in a technical infrastructure facility - a diagram; when the act subject to entering provides the formation of new or modified properties a sketch-design of the cadastre map and sadastre register of properties shall be attached;

2. the documentary evidence, certifying the legal fact being recorded;

3. power of attorney, in case that the application is lodged by a representative.

(3) (new – SG 49/14) When registering a ban, a reference under Art. 55, par. 4 shall also be attached.

 

 

Art. 78. (1) (suppl., SG 36/04) The application for recording shall be lodged to the recordation judge through the recording office.

(2) On the application shall be noticed the year, month, date, hour and minute of its lodging, and an incoming number shall be put down.

(3) After the performance of the actions under para.2, shall be noticed in the relevant lot section of the property, that an application for recording was lodged.

(4) The application may be withdrawn by a new application.

 

 

Art. 79. The application for recording should not be lodged under caveat, for a term, or any reservation whatsoever. In case that the applicant has lodged more than one application, he may request that the one recordation should not be effected without the other.

 

 

Art. 80. The act/deed shall be recorded, provided that the grantor was recorded in the property register as the one vested in the right, except in case of acquisition of right by adverse possession.

 

 

Art. 81. Entries in one and the same lot section of one property shall be effected by order of lodging the applications.

 

 

Art. 82. (1) The recordation judge shall enact that a recordation should be effected, only after he has checked whether the requirements of the law - as well as of the prescribed by law format of the act/deed recognizing, ascertaining, establishing, conveying, modifying or terminating the real right - have been complied with.

(2) (revoked, SG 36/04)

(3) The determination for recording shall be subject to immediate effecting.

 

 

Art. 83. The recordation judge shall reject recording, when the requirements envisaged in the law are not in place.

 

 

Art. 84. (1) In any instance of recordation, the date (day, month and year) on which it is effected shall be noted in the lot. The recordation shall be certified with the signature of the recordation judge.

(2) On a recorded act/deed, the incoming number, the date of recordation and the lot number shall be reflected.

(3) The determination, by which recording was rejected, as well as the appeal lodged, shall be noticed in the lot, which will preserve the order under art. 81.

(4) If no appeal is lodged against the determination by which recording is rejected, the effected notice shall be crossed out ex officio.

 

 

Art. 85. The recordation shall be ineffectual, provided that a determination by the recordation judge is missing, or else it is not certified pursuant to the routine under art. 84, para.1.

 

 

Art. 86. (1) (amend., SG 36/04; amend. - SG 29/06) The recordation office shall immediately notify the pertinent office for geodesy, cartography and cadastre about the newly formed lots and the effected recordation.

(2) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The sample formats of the documents, by which information under para.1 will be communicated, shall be approved by the Minister of Justice and the Minister of Regional Development and Public Works.

 

 

Art. 87. (amend. – SG 59/07, in force from 01.03.2008) Unless otherwise envisaged in this Act, the provisions of chapter Forty Nine "General Rules" of the Civil Procedure Code shall be applied, accordingly.

 

Chapter eleven.
CHALLENGING A RECORDATION. RECTIFICATION AND CROSSING-OUT OF EFFECTED RECORDATIONS

 

Art. 88. (amend. – SG 59/07, in force from 01.03.2008) Any recordation in the property register may be challenged pursuant to the routine under art. 537, para.2 and para.3 of the Civil Procedure Code.

 

 

Art. 89. (1) (amend. - SG 59/07, in force from 01.03.2008, previous text Art. 89 - SG 57/16) Obvious factual error of the recordation in the property register shall be rectified pursuant to Art. 247 of the Civil Procedure Code by ruling of the recordation judge.

(2) (New - SG 57/16) Obvious factual errors and omissions made in the lots under Art. 65, para. 3 and 4 shall be rectified or removed by order of a recordation judge at the request of the interested parties, a notary or ex oficio.

 

 

Art. 90. (1) A recordation in the property register shall be crossed out, provided that - pursuant to a claiming routine - a non-admissibility or voidance of the recordation, as well as the non-existence of the recorded circumstance was ascertained.

(2) Crossing-out shall be effected upon request by the interested party, a prosecutor, or ex officio - by a determination of the recordation judge.

(3) The determination by which any crossing-out is effected or rejected shall be communicated under the routine of the Civil Procedural Code to the party that requested it, or to the interested party and it will be subject to appealing by private appeal to the regional court. The ruling of the regional court shall be final and shall not be subject to appealing.

 

 

Art. 91. (1) The crossing-out of recordation shall be effected by underlining the text, subjected to the crossing-out and a remark that the underlined text with an indication of its beginning and its end, was crossed out.

(2) In case of inconsistency between the underlining and the remark for crossing out the text, the text indicated in the remark shall be considered as the crossed out text.

 

 

Art. 91a. (new – SG 49/14) The registry office through the information system under Art. 7, par. 1 shall notify the office of geodesy, cartography and cadastre of every registration in the property register.

 

Chapter twelve.
PUBLICITY OF THE PROPERTY REGISTER

 

Art. 92. Inquiry in the property register and information excerpts from the lots shall be made only by separate properties.

 

 

Art. 93. (1) Anyone may receive a verbal information about the recordations in a lot of an immovable property, a transcript or an excerpt from it, or a certificate for a recorded, or non-recorded circumstance in it.

(2) The Minister of Justice shall approve the sample formats of the certificates.

 

Part four.
LONG-TERM AND ANNUAL PROGRAMME FOR THE CADASTRE AND PROPERTY REGISTER (Title amend., SG 36/04)

 

Art. 94. (1) Activities related with the production and storage of the cadastral map, the cadastral registers and the information system shall be financed by funds from the sources under art. 9.

(2) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Council of Ministers, upon suggestion of the Minister of Regional Development and Public Works and the Minister of Justice, shall accept a long term as well as an annual program for the activity for creating the cadastre and the property register.

(3) (amend., SG 36/04; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) On the basis of the annual program with the approved budgets of Ministry of Regional Development and Public Works and of the Ministry of Justice, shall be determined the necessary funds for production, maintenance, updating and storage of the cadastral map, the cadastral registers and the property register, as well as of the information systems.

(4) (new – SG 49/14; amend. – SG 98/14, in force from 28.11.2014) The Minister of Regional Development and Public Works and the Minister of Justice shall submit on an annual basis to the Council of Ministers a report on the fulfillment of the programs under par. 2.

(5) (new – SG 49/14) The Council of Ministers shall submit on an annual basis to the National Assembly a report on the production, maintenance, updating and keeping of the cadastre and property register.

 

 

Art. 95. (revoked, SG 36/04)

 

Part five.
ADMINISTRATIVE-PUNITIVE STIPULATIONS

 

Art. 96. (1) (amend. – SG 49/14) Fine to the amount from 100 to 1000 levs shall be the penalty for any individual who:

1.commits actions in violation of art. 39, para.2;

2. destroys or displaces geodetic monument or permanent mark demarcating boundary of land property or territory belonging to settlement;

3. (amend. – SG 49/14) does not fulfil obligations under art. 38, para.1, it.4 and art. 54a, para.2.

(2) (amend. – SG 49/14) Fine to the amount from 1000 to 5000 levs shall be the penalty for any officer who:

1. does not fulfil obligation assigned under this Act;

2. produces, orders the production of, or approves development plans and building documentation without compliance with the basic data in the cadastral map and the cadastral registers;

3. (amend. – SG 49/14) issues an occupancy permit for a building in violation of art. 54a, para.3;

4. commits actions in violation of §6, par. 2.

(3) When a legal entity or sole proprietor conducts a violation under par. 1, sanction to the amount from 1000 to 5000 shall be imposed.

 

 

Art. 97. (1) (amend. – SG 49/14) Any individual who in violation of art. 57 uses cadastral data from the cadastral map and the cadastral registers, approved by routines of this Act, shall be penalized by fine to the amount from 1000 to 5000 levs.

(2) (amend. – SG 49/14) When a legal entity or sole proprietor conducts a violation under par. 1, sanction to the amount from 5000 to 10000 levs shall be imposed.

 

 

Art. 97a. (New – SG 41/19, in force from 22.08.2019) (1) A competent natural person who violates for the first time Art. 20, Para. 1 or Art. 25, Para. 1 of the Geodesy and Cartography Act, shall be punished with a fine from BGN 1000 to BGN 5000.

(2) A competent legal person or a sole trader who violates for the first time Art. 20, Para. 1 or Art. 25, Para. 1 of the Geodesy and Cartography Act, shall be punished with property sanction from BGN 5 000 to BGN 10 000.

 

 

Art. 98. (1) (suppl., SG 36/04; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) Violation shall be ascertained by act of an official, assigned by the Minister of Regional Development and Public Works, respectively by the Minister of Justice.

(2) (amend., SG 36/04; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) Punitive writs shall be served by the Minister of Regional Development and Public Works, respectively by the Minister of Justice or officials authorized by them.

(3) (suppl., SG 36/04; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The fines shall be paid as income to the Ministry of Regional Development and Public Works respectively to the Ministry of Justice.

(4) Ascertainment of violations, serving, appealing and execution of punitive writs shall be effected according to provisions and under routine, established by the Administrative Violations and Penalties Act.

 

Additional provisions

 

§ 1. In terms of this Act:

1. ( amend. – SG 49/14, amend. – SG 57/16) "Self-contained object in a building or in a technical infrastructure facility" shall be a separated part of a building or a facility, being the object of ownership and having a separate functional purpose of use.

1a. (new – SG 41/19, in force from 22.08.2019) "Linear object of the technical infrastructure" shall be underground and / or above-ground transmission (incoming and outgoing) pipelines (networks) and other elements of the technical infrastructure under Art. 64 of the Spatial Development Act, including their pertaining permanently attached to the ground structural elements and / or facilities.

2. "Rough construction" shall be a building or structure which surrounding walls and roof have been made, without or with different stages of the finishing works being made;

3. "Durable land use of territory" shall be its permanent status provided by the order of a law;

4. "Chart of a self-contained object in a building" shall be a graphical depiction of the self-contained objects in a building with their reciprocal positions and their identifiers;

5. (amend. – SG 49/14) "Area" shall be the area determined on the basis of geodetic co-ordinates of the points defining boundaries of land properties and of buildings;

6. "Digital form" of the cadastral map, respectively of the recordation books, shall be a digital record in a certain format of the full content on magnetic, optic or other technical storage media, that - by computer processing - will allow reproduction on a screen or conventional data storage medium;

7. "Conventional storage media" shall be paper, polyester foil or other material with similar properties;

8. (amend. – SG 49/14) "Points of Geodetic base" shall be the stations of the state geodetic control network, of the local survey control networks and of the operation geodetic base;

9. (amend. - SG 57/16) "obvious factual error" shall be the inconsistency in the boundaries of the land properties between urban and non-urban area, which happened while assembling the data under Art. 41, para. 1, as well as inconsistency within the boundaries of the existing on-site (terrain) durable topographic objects of natural or artificial origin in non-urbanized areas, determined through geodetic measurements, and their plans and maps’ boundaries, approved under the Farm Lands Ownership And Use Act and the Restoration Of Ownership Of Forests And Forestry Fund Lands Act, when differences in the coordinates of their defining points are higher than permitted by the ordinance under Art. 31;

10. (suppl., SG 36/04; amend. – SG 19/11, in force from 09.04.2011) "Address of an immovable property" shall be the description of its location consisting obligatory of the name of the region, the municipality and the settlement or settlement formation, and including name of a street, respectively square or boulevard, residential complex, quarter, number, entrance, floor, self-contained object in a building. For immovable properties in farm lands, forest territories - respectively name of the locality.

11. (new, SG 36/04; amend. – SG 49/14; amend. – SG 61/15) * "combined sketch" is a drawing showing the combined data from two or more sources: cadastral map, cadastral plans, regulation plans, approved according to the provisions of Farm Land Ownership and Use Act and the Restoration of Ownership of Forests and Forestry Fund Lands Act;

12. (new, SG 36/04) "group of properties" is a combination of no more than 50 neighbouring land properties;

13. (new, SG 36/04; amend. – SG 49/14) "interested persons" are the owners and the holders of other real rights over immovable properties, and in cases of granted administration rights – the administrations and the municipalities, to which the rights have been granted;

14. (new - SG 29/06) "competence for geodesy" shall be any recognized possession of compulsory amount of professional knowledge on the basis of a certain education and experience which shall grant the right on creation and maintenance of the unified geodesic basis, geodesic measurements and their processing for creation of the state topographic maps as well as on implementing of the specialized activities in the field of geodesy;

15. (new - SG 29/06) "competence for cartography" shall be any recognized possession of compulsory amount of professional knowledge on the basis of a certain education and experience which shall grant the right on creation, editing and layout of state topographic maps, thematic, common geographic and educational maps and atlases, globes and relief maps.

16. (new – SG 49/14, amend. - SG 57/16) "incompleteness or errors" shall be the incompliances in the boundaries and outlines of the real estates in the cadastre map of urban area compared to their actual situation.

17. (new – SG 49/14, amend. - SG 57/16) "region under Art. 35, par. 2 and Art. 45" is a settlement, part of a settlement, region or part of a region within the meaning of Art. 18, para. 1, respectively Art. 10 of the Act on the Territorial and Urban Development of the Republic of Bulgaria covering more than 50 neighboring land properties.

18. (new – SG 49/14) "boundary" is a line separating land properties and/or buildings, determined by subsequent points with coordinates;

19. (new – SG 49/14) "outline" is a line connecting subsequent points, determined through geometric constriction;

20. (new – SG 49/14) "zone with restrictions" is a closed contour within the scope of which there is one or more land properties or parts thereof, for which there is a restriction for using or for carrying out activities, or they are an easement lane within the meaning of § 5, item 33 of the Supplementary provisions of the Spatial development act.

21. (new - SG 57/16) "non-urbanized areas" are land plots and part of lands outside the urban areas' boundaries of settlements and settlement formations, for which there are plans and maps, designed and approved under the Farm Lands Ownership And Use Act and the Restoration Of Ownership Of Forests And Forestry Fund Lands Act.

22. (new – SG 41/19, in force from 22.08.2019) "Repeated violation" shall mean an offense committed within one year from the entry into force of the penal decree whereby the offender was punished for an offense of the same type.

 

 

§ 2. Geographic features in the cadastre shall be designated with their established official names.

 

Transitional and concluding provisions

 

§ 3. Departmental cadastres in terms of art. 3, para.4 of the Act on Unified Cadastre of the Republic of Bulgaria, produced prior to the effective date of this Act, shall be deemed specialized maps, registers and information systems under chapter four.

 

 

§ 4. (amend., SG 36/04) (1) Prior to the approval of a cadastral map and cadastral registers:

1. the sketches of the immovable properties shall be issued by the previous order;

2. (suppl. – SG 49/14) the cadastral plans and registers (register lists) to them, approved by the order of the revoked Act on unified cadastre of the People’s Republic of Bulgaria and the Territorial and Urban Development and according to the provision of § 40 of the transitional and concluding provisions of the Act amending and supplementing the Cadaster and Property Register Act (SG 36/04)shall be maintained by the municipal administration, indicated in which shall be all occurred changes in the immovable properties by an order determined by the ordinance under art. 31; the changes shall be approved by an order of the mayor of the municipality, and for the cities with regional division – by the mayor of the region;

3. (amend. and suppl. – SG 91/08; amend. – SG 80/09; amend. – SG 49/14; amend. – SG 61/15, amend. – SG 58/17, in force from 18.07.2017) * the plans, the maps and the registers approved by the order of the Farm Land Ownership and Use Act and the Restoration of Ownership of Forests and Forestry Fund Lands Act shall be maintained by the municipal offices of agriculture under terms and by an order determined by an ordinance of the Minister of Agriculture, Foods and Forestry;

4. (amend. – SG 49/14, amend. - SG 57/16) the data under art. 54a, para 2 shall be submitted to the municipal administration which shall issue the certificate under Art. 54a. para 3.

(2) (amend. - SG 29/06) For the regions where procedure is opened for creation of cadastral map and cadastral registers the bodies under para 1, item 2 and 3 shall produce to the Agency for geodesy, cartography and cadastre the data of the changes in the plans and maps maintained by them within 7 days from their introduction.

(3) (amend. – SG 49/14) Upon approval of the cadastral map and cadastral registers the activities of the municipal office of agriculture in charge of maintaining the map of the restored ownership and the issuance of sketches from it for the respective ;and shall be terminated.

(4) Upon approval of the cadastral map and cadastral registers the activity of the municipal administration on maintaining the cadastral plans and issuance of sketches from them for the respective land shall be terminated.

 

 

§ 5. (amend. – SG 49/14) (1) A zoned land property for which the zoning plan is attached, sha;; be shown on the cadastre map according to its regulation lines as a land property.

(2) Prior to entering into force of a property register of territories with approved cadastre map and cadastre registers the submission of a registered act to the office of geodesy, cartography and cadastre shall be deemed as compliance with the provision of Art. 86, par. 1.

 

 

§ 6. (1) (amend., SG 36/04; amend. - SG 29/06; amend. – SG 49/14, amend. - SG 57/16) Until the issuance of the order under art. 35, para 1 the Agency for geodesy, cartography and cadastre shall determine the territories where the cadastral map and the cadastral registers will be created through using the data from the maps and plans under art. 41, para 1, item 1, respectively the territories where the data are gathered through geodetic measurements and calculations by assessing the maps, the plans, the registers and the other documentation approved by the order of the revoked Act onthe unified cadastre of the People’s Republic of Bulgaria and Act on territorial and urban development, for their compliance with the requirements for contents and precision determined by the ordinance under art. 31;

(2) (amend. - SG 29/06, amend. and suppl. - SG 57/16) For the creating of cadastral map and cadastral registers the bodies who work out, approve, maintain and preserve maps, plans, registers and other documentation of par. 1 shall submit gratuitously to the Agency for geodesy, cartography and cadastre in two weeks term after the requirement copies of them as well as of acts with which they are repealed, changed or redone. The maps, plans and registers shall be submitted on a magnetic, optical or other technical data carrier.

(3) (amend. - SG 29/06) The municipalities and other corporate bodies preserving cadastral plans shall submit gratuitously to the Agency for geodesy, cartography and cadastre the originals and the documentation connected with them in two weeks term after the request.

(4) (Amend. SG 99 2002; amend. - SG 29/06; amend. – SG 61/15, amend. - SG 57/16) * The bodies of state power and local government shall submit to the office for geodesy, cartography and cadastre copies of all acts, with which an ownership right or other real right over real estate is recognized, ascertained or restored within 30-days after their request or after the promulgation of the order in the State Gazette under art. 35, par.1. The Cadastre agency shall pay only the actual costs, made for the production of the copies.

(5) At the opening of a procedure for developing the cadastral map and cadastral registers the acts under par. 4 shall be submitted in sets by separate regions according to art. 35, par. 2.

(6) The bodies of par. 2 shall be obliged to certify the correctness of the submitted data at handing over.

(7) (revoked, SG 36/04)

(8) (amend. – SG 61/15, suppl. - SG 57/16) * When, at creating and maintaining cadastral map and cadastral registers, an apparent factual mistake is found in the data of par. 2, connected with the implementation of the Farm Land Ownership and Use Act and of the Restoration of Ownership of Forests and Forestry Fund Lands Act, it shall be rectified by the routine of this Act.

(9) (amend. – SG 61/15, suppl. - SG 57/16) * The affected at the rectification of apparent factual mistake under the conditions of par. 4 shall be indemnified by the order of art. 10b of the Farm lLands Ownership and Use Act, respectively art. 6 and §8 of the transitional and concluding provisions of the Restoration of Ownership of Forests and Forestry Fund Lands Act or shall be expropriated under the respective order.

 

 

§ 7. (amend. - SG 29/06) The Council of Ministers, the regional governors and the mayors shall in six months term after the promulgation of the Act in State Gazette concede buildings and other material base for the Agency for geodesy, cartography and cadastre and its territorial units.

 

 

§ 8. The Act on the unified cadastre of the People's Republic of Bulgaria (SG 36/79; amend. SG 102/81, SG 45/84, SG 104/96) shall be repealed.

 

 

§ 9. Within the Territorial and Urban Development Act (Prom. SG SG29/1973; corr. SG32/1973; amend. and suppl.: SG87/1974, SG3 and SG102/1977, SG36/1979; SG3/1980, SG45/1984, SG19/1985, SG36/1986, SG14/1988, SG31/1990; corr.: SG32/1990; amend.: SG15/1991; SG63/1995, SG104/1996, SG41 and SG79/1998; amend.: SG124 and SG133/1998, SG26 and SG86/1999, SG14/2000), the following amendments and supplements shall be made:

1. Art. 21 shall be amended to:

"Art. 21. (1) Development and regulation plans shall regulate streets, roads and properties for sites - in public state and municipal ownership; shall regulate properties - in private ownership, if these have not been regulated; and shall establish the specific landuse of each property, as well as the development in the properties for development.

(2) The detailed urban development plans, beside their full format in terms of para.1, may also be:

 

 

1. plan for regulation and development regime;

2. plan for regulation without development regime;

3. plan for regulation only of streets and sites - in public state and municipal ownership;

4. quarter development and silhouette plan.

(3) In accordance with the development objectives and assignments, and in compliance with the provisions of the regulations for implementation of this Act, one of the plans under para.2 may be produced and implemented.

(4) For restructuring and renovation of residential complexes; of industrial, resort, tourist or other settlement formations, a development and regulation plan shall be produced and implemented.

(5) Should allowances from rules and standards be regulated, or semi-detached development be envisaged in more than two parcels (regulated landed properties), then neighborhood development and silhouette plans shall be produced and approved."

 

 

2. In art. 21a, the following amendments shall be made:

a) in para.1, first sentence - after the words "for non-regulated territories" - "as well as for territories with non-implemented first regulation" shall be inserted.

b) in para.2, third sentence - at the end, "that shall be reflected in the cadastre and the property register, pursuant to the provisions and routines of the Cadastre and Property Register Act." shall be appended.

3. A new art. 21b shall be laid down:

 

 

"Art. 21b. Plans under art. 21 and art. 21a shall be produced on the basis of data from the cadastre."

4. In chapter two - "Territorial Management Plans", section three - "Master and Detailed Urban Management Plans", it.3, letter "c", the title shall be amended, as follows:

"c. Detailed Urban Management plans".

5. Art. 27 shall be amended to:

"Art. 27. (1) Plans under art. 21, para.2, it.1 and it.2 shall regulate hitherto non-regulated landed properties of natural and juridical persons for residential and villa development.

(2) The envisaged arrangements of the plan shall be economically feasible and enabling objective-oriented management and development of regulated properties and neighborhoods."

6. Art. 28 shall be amended so:

 

 

"Art. 28. (1) Under the routine of art. 27 may be regulated:

1. existing non-regulated landed properties - for the formation of a larger number of individual regulated landed properties, upon request from the owners with notary certification of their signatures;

2. undersized non-regulated landed properties - for their size-regularization with tracts of abutting properties;

3. abutting non-regulated landed properties - for the establishment of regulated landed properties in co-ownership.

(2) In cases under para.1, it.2 and it.3, contracts in notary format shall be entered into, that shall be recorded."

7. Art. 29 shall be amended so:

 

 

"Art. 29. Owners who have requested regulation of non-regulated landed properties under the routine of art. 27, shall submit to the relevant cadastre office a sketch-copy of the approved and effective detailed management plan, for the issuance of a sketch-copy under art. 54, para.3 of the Cadastre and Property Register Act. The sketch issued by the cadastre office shall serve for the issuance of a notary deed."

8. Articles 30 and 31 shall be repealed.

9. A new para.4 shall be laid down in art. 32:

"(4) Upon expiry of the term under art. 182a, para.1, incompletenesses and errors in the cadastral map and the cadastral registers shall be rectified under the routine of art. 53 of the Cadastre and Property Register Act."

10. In art. 46, para.1, a second sentence shall be laid down: "The placing and protection of boundary monuments shall be done in compliance with the Cadastre and Property Register Act."

11. In art. 52, para.2, first sentence shall be amended so:

"In cases under para.1, the ownership and the boundaries of landed properties shall be retained in agreement with the data in the cadastre and the property register."

12. Art. 59 shall be amended so:

 

 

"Art. 59. (1) Real subdivisions of landed properties within the settlement boundaries may be acquired by legal transactions or by adverse possession only if these correspond to the requirements for minimum area and frontage, established by the regulations for implementation of this Act.

(2) The rule of para.1 shall not apply in cases where the subdivision of the landed property is annexed to an abutting property under the provisions of art. 28, and the remaining subdivision either corresponds to the requirements for minimum area and frontage, or is also annexed to an abutting property."

13. Art. 60 shall be repealed.

14. Art. 61 shall be amended, as follows:

"Art. 61. Subdivision of landed property, located within the development boundaries of a settlement, may be effected only if the separate real subdivisions correspond to the requirements for minimum extent of area and frontage, established by the regulations for implementation of this Act. The subdivision layout for the property shall be produced on the basis of a sketch - copy of the cadastre, issued by the relevant cadastre office."

15. A new art. 62a shall be laid down, as follows:

"Art. 62a. In case of subdivision or amalgamation of landed properties, buildings and self-contained objects in a building, the newly established immovable properties must be attributed an identifier by the cadastre."

16. In art. 112, para.3 shall be amended so:

"(3) Valuations shall be done by a commission, appointed by the municipal mayor, according market prices."

17. Art. 182a, art. 182b, art. 182c and art. 182d shall be laid down:

 

 

"Art. 182a. (1) In case that till the enactment of the Cadastre and Property Register Act the due indemnity will be paid for the abutted to the parcel immovable properties of other physical and juridical persons on the basis of an enacted courtyard-regulation plan, respectively when the parts of a formed by regulation common parcel are equalized, the plan shall be deemed implemented for these properties and the boundaries of the courtyard-regulation parcels shall be assumed for boundaries of regulated landed properties.

(2) In case that, till the enactment of the Cadastre and Property Register Act the requirements under para.1 have not been satisfied, the effect of the courtyard-regulation plans shall be terminated for the relevant properties

(3) The municipalities shall ensure the implementation of the provisions in par. 1 and 2 by reflecting - ex officio, or through contracting out to qualified persons - the changes occurred in the plans.

 

 

Art. 182b. (1) Within the term under art. 182a, para.1, real subdivisions of courtyard-regulation parcels shall not be acquirable by legal transactions or by adverse possession.

(2) The rule under para.1 shall not apply in cases where the separate real subdivisions and the remaining subdivisions of the courtyard-regulation plan correspond to the requirements for minimum extents, established by the regulations for implementation of this Act, or else, where the separate real subdivision corresponds to the requirements for minimum extents, the remaining subdivision(s) shall be annexed to the abutting parcel(s).

Art. 182c. Within the term under art. 182a, para.1, the ownership of a courtyard-regulation parcel shall not be transferable, and real rights over it may not be established, provided that compensation for the subdivisions of the property, which are handed over to other persons, has not yet been paid.

Art. 182d. Pending proceedings on alienation of immovable properties under courtyard-regulation plans, approved prior to the effective date of the Cadastre and Property Register Act, shall be decided under the existing routine."

 

 

§ 10. Within the Farm Lands Ownership and Use Act (Pub.: stags. SG17/1991; rev.: SG20/1991; amend.: SG74/1991, SG18, SG28, SG46 and SG105/1992, SG48/1993, SG64/1993 - Resolution No.12/1993 of the Constitutional Court, SG83/1993, SG80/1994, SG45 and SG57/1995, SG59/1995 - Resolutions No.7 and No.8/1995 of the Constitutional Court, amend. SG79/1996, SG103/1996 - Resolution No.20/1996 of the Constitutional Court; amend.: SG104/1996, SG62, SG87, SG98 and SG123/1997, SG59, SG88, SG133/1998, SG68/199) in Art. 33 par. 2 shall be amended so:

"(2) The Land commissions shall reinstate in the ownership on lands pursuant to the routine under this Act, as well as perform other activities, defined by the regulations for implementation of this law. The land commissions shall maintain and update the land reallocation plans and the other materials and data, generated through the implementation of this law, and shall issue sketches in case of disposition transactions with, and subdivision of, farm lands until their submission to the Cadastral Agency, pursuant to the routine of § 6, para.2 of the Law on Cadastre and Property Register"

 

 

§ 11. Within the Law on Obligations and Contracts (Pub.: Stags. SG275/1950; rev.: Mourn. SG2/1950; amend.: SG69/1951, SG92/1952, Stags. SG85/1963, SG27/1973, SG16/1977, SG28/1982, SG30/1990; SG12 and SG56/1993, SG83 and SG104/1996, SG 83 and 103/1999), the following amendments and supplements shall be made:

1. In art. 166, para.1 after the words "by recordation" - "in the property register" shall be inserted.

2. In art. 169, para.1 shall be erased.

3. In art. 171 the words "for the mortgage shall be referred to in the contract or in the application for its establishment", shall be replaced by "shall be done in writing, with a notary certification of the signatures, and shall be recorded in the property register".

4. In art. 175, para.2, second sentence, after the words "to the recordation" - "in the property register" shall be inserted.

5. In art. 179, para.2, the second sentence shall be amended so:

"It shall be effected by notice entry in the lot of the mortgaged property.".

6. In art. 237, para.1 at the end, "in the property register" shall be appended.

 

 

§ 12. Within the Ownership Act (Pub.: Mourn. SG92/1951; amend.: SG12/1958, SG90/1960; Stags. SG99/1963, SG26 and SG27/1973, SG54 and SG87/1974, SG55/1978, SG36/1979, SG19/1985, SG14 and SG91/1988, SG38/1989, SG31/1990, SG77/1991, SG33/1996, SG100/1997 and SG90/1999), the following amendments and supplements shall be made:

1. In art. 100, the following amendments and supplements shall be made:

a) the existing text shall become para.1, and at the end, the words "in the property register" shall be appended;

b) para.2 shall be laid down, with the following content:

"The statement for renunciation of the right of ownership under para.1 may be withdrawn prior to recording the renunciation in the property register."

2. In art. 112:

a) In letter "a" a coma is placed in the end and a supplement made as follows: "as well as acts with which such rights are recognized";

b) Item "i" shall be laid down:

"i) Copies of the announced wills with an object immovable property and rights on immovable property."

 

 

§ 13. Within art. 67, para.2 of Inheritance Act (Pub.: stags. SG22/1949, rev.: SG41/1949; amend.: SG275/1950, SG41 and SG60/1992; Resolution No.4/1996 of the Constitutional Court of the R.B. - SG21/1996; amend.: SG104/ 1996, SG117/1997, SG96/1999), the words "by recordation pursuant to the routine of the Act on Privileges and Mortgages" shall be replaced by "by recordation in the lots of the immovable properties of the legator pursuant to the routine of the Cadastre and Property Registe Actr".

 

 

§ 14. Within art. 158, para.2 of Judiciary Act (Pub.: Stags. SG59/1994; Resolution No.8/1994 of the Constitutional Court of the R.B. - SG78/1994; Resolution No.9/1994 of the Constitutional Court of the R.B. - SG87/1994; Resolution No.17/1995 of the Constitutional Court of the R.B. - SG93/1995; supple.: SG64/1996; Resolution No.19/1996 of the Constitutional Court of the R.B. - SG96/1996; amend.: SG104 and SG110/1996, SG58, SG122 and SG124/1997, SG11 and SG133/1998; Resolution No.1/1999 of the Constitutional Court of the R.B. - SG6/1999) shall be amended so:

"(2) The recordation judge shall effect the recordations in the property register and the notary actions, envisaged in a law."

 

 

§ 15. In art. 18 of the Law on Local Taxes and Fees (Pub.: Stags. SG117/1997; amend. and supple.: SG71/1998, SG83, SG105 and SG153/1998, SG103/1999), the following amendments and supplements shall be made:

1. In para.1 the words "of the municipality" shall be erased;

2. In para.2 the words "cadastral and other" in the brackets shall be erased;

3) Para.3 shall be laid down, with the following content:

"(3) Data under para.2 from the cadastre shall be furnished pursuant to the provisions and by routine, envisaged in the Cadastre and Property Register Act."

 

 

§ 16. (amend., SG 36/04; amend. – SG 49/14) For creating the property register the Minister of Justice shall:

1. provide the introduction of a software for the production of barches referred to in Art. 65, par. 3;

2. provide the transformation into digital form on magnetic, optic or other technical carrier of the available data in the registry books.

 

 

§ 17. The Council of Ministers shall, prior to the effective date of this Act, submit proposals for relevant amendments and supplements to laws in which the creation of departmental cadastres is envisaged.

 

 

§ 18. The Council of Ministers shall, until the enactment of this Act, approve the programs under art. 94, par.2.

 

 

§ 19. The effective date of this Act shall be January 1, 2001, except for Art. 4 and Arts. 10 - 22 which shall enter into force on the day of promulgation of the Act in the State Gazette.

 

This Act was approved by the XXXVIII National Assembly on April 12, 2000 and sealed with the official seal of the National Assembly.

 

Chairman of the National Assembly:

Jordan Sokolov

 

Transitional and concluding provisions
(SG 36/04)

 

………………………………………

§ 39. The started but not completed, by the day of enactment of this Act, procedures of creating cadastral map and cadastral registers for one property or a group of properties shall be concluded by the order of art. 49a.

 

 

§ 40. (1) The started, by December 31, 2000, procedures of approval of cadastral plans by the order of the revoked Act on the unified cadastre of the People’s Republic of Bulgaria shall be concluded by the order of this Act.

(2) As a day of started procedure of approving a cadastral plan shall be considered the day of its filing for consideration and acceptance by the competent body.

(3) The cadastral plans whose working has been assigned by December 31, 2000 shall be completed according to the normative requirements for their working in effect by the moment of conclusion of the assignment contract. They shall be accepted, announced to the interested persons and approved by the order of this Act.

(4) The cadastral plans which have not been approved by the respective order, but whose contents and precision correspond to the requirements determined by the ordinance under art. 31 shall be approved by the order of this Act.

(5) The approved cadastral plans shall be maintained by the order of § 4, para 1, item 2.

 

 

§ 41. (amend. – SG 36/08) Until the approval of a cadastral map and cadastral registers for the respective region the approved cadastral maps and cadastral registers under art. 35b shall be maintained by the order of the ordinance under art. 31.

 

 

§ 42. Until the approval of a cadastral map and cadastral registers for the respective region the sites built up in agricultural and forest territories shall be indicated in the maps and plans approved by the order of the Farm Land Ownership and Use Act and the Restoration of Ownership of Forests and Forestry Fund Lands Act. The indication shall be made upon payment by the investors of a fee according to the tariff under art. 31, para 2 of the Farm Land Ownership and Use Act . The Ministry of Agriculture and Forests shall be administrator of the proceeds from the fees.

 

 

§ 43. The pending proceedings under the revoked para 6 of § 6 of the transitional and concluding provisions of the Spatial Planning Act for filling in or correction of cadastral plans, constituted before the enactment of this Act shall be concluded by the previous order.

 

 

§ 44. Within one month from the enactment of this Act the Council of Ministers shall adopt structural regulation of the Recordation Agency.

 

 

§ 45. (1) Within three months from the enactment of this Act the Council of Ministers shall determine an appropriate building for the Recordation Agency.

(2) The Council of Ministers, at a proposal of the Minister of Justice, shall submit for the needs of the recordation offices of the Recordation Agency the using of premises in the buildings submitted for the needs of the district courts.

 

 

§ 46. The Minister of Justice shall approve the structure and the number of personnel of the Recordation Agency.

 

 

§ 47. (1) The legal terms of employment with the book-keepers of recordation in the district courts shall be settled under the terms and by the order of art. 123 of the Labour Code.

(2) The legal terms of employment with the employees of the court administration carrying out the activities of book-keeper of the recordation shall be settled under the terms and by the order of art. 111 of the Labour Code until the appointment of an occupant in the recordation office.

 

 

§ 48. The part of the archive of the district courts including the archive materials of the recordation offices shall be submitted to the Recordation Agency.

 

 

§ 49. Within three months from the enactment of this Act the Minister of regional development and public works shall approve forms of a combined sketch for full or partial identity of the boundaries of a landed property under art. 16, para 3 and of a sketch under § 4, para 1, item 1.

 

Transitional and concluding provisions
TO THE TAX-INSURANCE PROCEDURE CODE

 

(PROM. – SG 105/05, IN FORCE FROM 01.01.2006)

 

§ 88. The code shall enter in force from the 1st of January 2006, except Art. 179, Para 3, Art. 183, Para 9, § 10, item 1, letter "e" and item 4, letter "c", § 11, item 1, letter "b" and § 14, item 12 of the transitional and concluding provisions which shall enter in force from the day of promulgation of the code in the State Gazette.

 

Transitional and concluding provisions
TO THE GEODESY AND CARTOGRAPHY ACT

 

(PROM. – SG 29/06)

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

§ 17. Within the Act the words "Cadastre Agency", "cadastre office", "the cadastre office", "cadastre offices" and "the cadastre offices" shall be replaced respectively by "Agency for geodesy, cartography and cadastre", "office for geodesy, cartography and cadastre", "the office for geodesy, cartography and cadastre", "offices for geodesy, cartography and cadastre" and "the offices for geodesy, cartography and cadastre".

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

 

 

§ 18. Section 7, item 8, letter "b" shall enter in force with the establishment of the Chamber of the engineers in geodesy.

 

Transitional and concluding provisions
TO THE ADMINISTRATIVE PROCEDURE CODE

 

(PROM. – SG 30/06, IN FORCE FROM 12.07.2006)

 

§ 142. The code shall enter into force three months after its promulgation in State Gazette, with the exception of:

1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the replacement of the word "the regional" with the "administrative" and the replacement of the word "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force from the 1st of May 2007;

2. paragraph 120, which shall enter into force from the 1st of January 2007;

3. paragraph 3, which shall enter into force from the day of the promulgation of the code in State Gazette.

 

Transitional and concluding provisions
TO THE NATIONAL ARCHIVE STOCK

 

(PROM. – SG 57/07, IN FORCE FROM 13.07.2007)

 

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

 

Transitional and concluding provisions
TO THE CIVIL PROCEDURE CODE

 

(PROM. – SG 59/07, IN FORCE FROM 01.03.2008)

§ 61. This code shall enter into force from 1 March 2008, except for:

1. Part Seven "Special rules related to proceedings on civil cases subject to application of European Union legislation";

2. paragraph 2, par. 4;

3. paragraph 3 related to revoking of Chapter Thirty Two "a" "Special rules for recognition and admission of fulfillment of decisions of foreign courts and of other foreign bodies" with Art. 307a – 307e and Part Seven "Proceedings for returning a child or exercising the right of personal relations" with Art. 502 – 507;

4. paragraph 4, par. 2;

5. paragraph 24;

6. paragraph 60,

which shall enter into force three days after the promulgation of the Code in the State Gazette.

 

Transitional and concluding provisions
TO THE ACT ON AMENDMENT AND SUPPLEMENTATION OF THE FISHERY AND AQUACULTURES ACT

 

(PROM. - SG 36/08)

 

§ 94. In the Cadastre and Property Register Act (prom. – SG 34/00; amend. SG 45 and 99/02; SG 36/04; SG 39 and 105/05; SG 29 and 30/06 and SG 57 and 59/07) everywhere the words "the Ministry of Agriculture and Forests" shall be replaced with "the Ministry of Agriculture and Food Supply", and the words "National Administration of Forests" shall be replaced with "State Forestry Agency".

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE CIVIL SERVANTS ACT

 

(PROM. - SG 38/12, IN FORCE FROM 01.07.2012)

 

§ 84. (In force from 18.05.2012) Within one month from the promulgation of the Act in the State Gazette:

1. the Council of Ministers shall bring the Classifier of Administration Positions in compliance with this Act;

2. the competent authorities shall bring the statutory rules of the respective administration in compliance with this Act.

 

 

§ 85. (1) Legal relations with the persons from administrations under the Radio and Television Act, the Independent Financial Audit Act, the Electronic Communications Act and the Financial Supervision Commission Act, Act on Access to and Disclosure of the Documents and Announcing Affiliation of Bulgarian Citizens with the State Security Service and the Intelligence Services of the Bulgarian Popular Army, Confiscation by the State of Proceeds of Crime, Act on Prevention and Findings of Conflict of Interests, Code of Social Insurance, Health Insurance Act, Agricultural Producers Assistance Act and the Roads Act shall be regulated under the terms and following the procedure of § 36 of the Transitional and Final provisions of the Act Amending and Supplementing the State Servant Act (SG 24/06).

(2) By the act appointing the civil servant shall be:

1. awarded the minimum rank for the position occupied defined in the Classifier of Administration Positions, unless the civil servant has a higher rank;

2. determined the individual basic monthly salary.

(3) The funds additionally needed for insurance installments of the persons referred to in para 2 shall be provided within the costs for salaries, remuneration and insurance installments of the budgets of the respective budget credit spending units.

(4) The Council of Ministers shall carry out the changes required in the extra-budgetary account of State Fund Agriculture according to this Act.

(5) The managing bodies of the National Insurance Institute and the National Health Insurance Fund shall carry out the changes requires according to this Act in the respective budgets.

(6) Unused leaves under employment relationships shall be retained and may not be compensated by cash benefits.

 

 

§ 86. (1) Within one month from entry into force of this Act the individual basic monthly salary of the employee shall be determined in such a manner as to ensure that the said salary, reduced by the tax due and the mandatory insurance installments at the expense of the insured person, if they were due, is not lower than the gross monthly salary received hitherto, reduced by the mandatory insurance installments due at the expense of the insured person, if they were due, as well as by the tax due.

(2) The gross salary under para 1 shall include:

1. the basic monthly salary or basic monthly remuneration;

2. bonuses paid regularly along with the basic monthly salary or basic monthly remuneration due, which are related solely to the hours worked off.

 

 

§ 87. The Act shall enter into force from July 1, 2012 except for § 84, which shall enter into force from the date of its promulgation in the State Gazette.

 

Transitional and concluding provisions
TO THE PUBLIC FINANCE ACT

 

(PROM. SG 15/13, IN FORCE FROM 01.01.2014)

 

§ 123. This Act shall enter into force on 1 January 2014 with the exception of § 115, which enters into force on January 1, 2013, and § 18, § 114, § 120, § 121 and § 122, which came into force on 1 February in 2013.

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE SPATIAL PLANNING ACT

 

(PROM. SG 66/13, IN FORCE FROM 26.07.2013)

 

§ 61. In the Cadastre and Property Register Act (prom. SG 34/00; amend. SG 45 and 99/02; SG 36/04; SG 39 and 105/05; SG 29 and 30/06; SG 57 and 59/07; SG 36 and 92/08; SG 80/09; SG 19 and 39/11; SG 38/12; SG 15/13) everywhere the words "Minister of Regional Development and Public Works", "the Minister of Regional Development and Public Works" and "Ministry of Regional Development and Public Works" shall be replaced respectively with "Minister of Investment Project Development", "the Minister of Investment Project Development" and "Ministry of Investment Project Development".

 

………………….

 

 

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

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE TAX-INSURANCE PROCEDURE CODE

 

(PROM. – SG 109/13, IN FORCE FROM 01.01.2014)

 

§ 24. The Act shall enter into force from January 1, 2014, except for § 23, which shall enter into force after a ruling from the European Commission to extend the duration of existing authorized aid scheme.

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE CADASTRE AND PROPERTY REGISTER ACT

 

(PROM. – SG 49/14)

 

§ 70. By entering into force of the order for the approval of the cadastre map and cadastre registers for the respective territory, the effect of the cadastre map and cadastre registers of the restituted property shall be terminated regarding the major cadastre data.

 

 

§ 71. The annual program for 2014 under Art. 94, par. 2 shall be submitted to the Council of Ministers within three months after entering of this act into force.

 

 

§ 72. Prior to approval of the cadaster map and cadaster registers for the territory of the entire country territorial balances shall be produced by the Ministry of Agriculture and Food jointly with the Ministry of Investment Project Development, Ministry of Environment and Waters, Executive agency of forests and municipal administration.

 

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.

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE CADASTRE AND PROPERTY REGISTER ACT

 

(PROM. - SG 57 OF 2016)

§ 32. (1) Within three months from the entry into force of this Act, proceedings in creating cadastral map and cadastral registers for non-urbanized areas shall be considered open to all land plots, for which no order has been issued under Art. 35, para. 1.

(2) The Municipal Agriculture Office shall submit to the office of geodesy, cartography and cadastre, within 14 days of the request, the approved plans, maps and registers under the Farm Lands Ownership And Use Act and the Restoration Of Ownership Of Forests And Forestry Fund Lands Act which have not been submitted under § 6 para. 1, item 1 of the transitional and final provisions of the Cadastre and Property Register Act till the entry into force of this Act. Plans, maps and registers pertaining to them shall be provided free of charge.

(3) Data under par. 2 shall be provided in digital form in the form under Art. 12, item 5.

 

§ 33. (1) The data obtained under § 32 para. 2 shall be converted into cadastral map and cadastral registers by the Geodesy, Cartography and Cadastre Agency according to requirements of ordinances under Art. 26, para. 4 and Art. 31.

(2) The Executive Director of the Geodesy, Cartography and Cadastre Agency shall issue an order approving the cadastral map and cadastral registers for non-urbanized area, which order shall come into force from the day of its promulgation in the State Gazette.

(3) The Geodesy, Cartography and Cadastre Agency, within 7 days from the promulgation of the order under par. 2, shall notify the Minister of Agriculture and Food and the Minister of Justice that the cadastral map and cadastral registers for non-urbanized area have been approved.

(4) The cadastral map and cadastral registers created in the order of par. 1-3 shall be made in digital form and a copy of their condition at the time of approval shall be stored in digital form in the Geodesy, Cartography and Cadastre Agency.

(5) The presence of discrepancies in the boundaries of land properties between urban and non-urban areas shall be established by assembling the data from the approved cadastral map for non-urbanized area in the production while creating a cadastral map for the urbanized area. Rectifying the discrepancies shall be done in accordance with Art. 44a.

 

§ 34. Any initiated proceedings for creating a cadastral map and cadastral registers at the time of entry into force of this Act shall be completed under the order prevailing hitherto.

 

§ 35. Initiated but uncompleted proceedings by the date of entry into force of the cadastral map and cadastral registers, created under § 33 on amending basic cadastral data and data on ownership right and other real rights over the objects of cadastre in the map of the restituted property and the records thereto, shall be completed under the terms and provisions of this Act and the ordinance of Art. 31.

 

§ 36. Until specialized maps under Art. 32 are created, the owner, respectively the contracting authority, shall be obliged to provide the municipal administration with data for construction works which are not subject to the cadastral map. The construction works shall be put into operation only after the owner, respectively the contracting authority, has presented a certificate from the municipal administration that the data has been provided in the required form and volume for their reflection in the cadastral plans.

 

§ 37. (1) All entries, notes and deletions in the personal lots of individuals, made under the Property Act and the Rules of registration (prom., Ext., SG 101 of 1951; amend., SG 30 of 1955, SG 82 of 1996, SG 86 of 1997, SG 14 of 2000, SG 5 and 16 of 2001, SG 69 of 2004, SG 67 of 2005, SG 22 of 2008, SG 63 and 92 of 2014) before the entry into force of the orders under Art. 70 and 73, shall remain valid.

(2) The books in the registry offices, compiled or prepared until the date of entry into force of this Act on traditional media, shall be stored indefinitely.

(3) Cases, lots, registers and files in the registry offices, compiled or prepared until the date of entry into force of this Act on traditional media, shall be stored until their full digitization, but not less than 30 years from the entry into force of this Act.

 

§ 38. Within one month from the entry into force of this Act, the Minister of Regional Development and Public Works and the Minister of Justice shall bring its implementing instruments and the functionalities of the information system of the cadastre and property registry in accordance with it.

 

§ 39. (1) Within one month from the entry into force of this Act, the Minister of Agriculture and Food and the Minister of Regional Development and Public Works shall take the necessary action to amend the structural regulations of the Ministry of Agriculture and Food, of the secondary administrators with budget at the Minister of Agriculture and Food and at the Geodesy, cartography and cadastre Agency regarding the structure and size of the two administrations.

(2) The Minister of Finance shall make the necessary changes to the budgets of the Ministry of Regional Development and Public Works and to the Ministry of Agriculture and Food for 2016 following the entry into force of the changes in the structural regulations under par. 1.

 

§ 40. The Geodesy, Cartography and Cadastre Agency and the municipal agricultural offices shall carry out the necessary technical and organizational actions to ensure the implementation of § 25:

1. for areas with approved cadastral map and cadastral registers - within one year from the entry into force of this Act;

2. for areas with a cadastral map and cadastral registers, approved after the entry into force of this Act - within one month of their approval.

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

 

(PROM. - SG 58/17, IN FORCE FROM 18.07.2017)

§ 39. Everywhere in the text of Cadastre and Property Register Act words "Minister of Agriculture and Food" and "Ministry of Agriculture and Food" shall be replaced with words "Minister of Agriculture, Food and Forestry" and "Ministry of Agriculture, Food and Forestry".

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

 

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

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 FARM LANDS OWNERSHIP AND USE ACT

 

(PROM. - SG 42/18, in force from 22.05.2018)

§ 17. The Act shall enter into force on the day of its promulgation in the State Gazette, with the exception of § 9, which shall enter into force from the business year 2019 - 2020.

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE CADASTRE AND PROPERTY REGISTER ACT

 

(PROM. – SG 41/19, IN FORCE FROM 22.08.2019)

§ 22. For the purposes of the assignment, development and update of the specialized maps, registries and information systems in due time, the Agency for Geodesy, Cartography and Cadastre shall provide, free of charge, to persons under Art. 32, Para. 1 data from the cadastral map and cadastral registries. The municipalities shall provide copies of the cadastral plans of the underground pipelines and facilities, copies of approved investment projects and executive documentation for constructed underground and above-ground lines of the technical infrastructure, as well as other specialized data, including for cadastral surveying and mapping of existing and newly constructed linear objects of the technical infrastructure, as well as the data received pursuant to § 36 of the Transitional and Concluding Provisions of the Act amending and supplementing the Cadastre and Property Registry Act (SG 57 of 2016).

 

 

§ 23. (1) The ordinances under Art. 32 and Art. 34 shall be adopted within one year of the entry into force of this Act.

(2) Within three months after the entry into force of this Act, the operating companies, which collect and maintain in a current state the specialized data under Art. 32, Para. 1, item 1, letter "b", shall be obliged to assign the elaboration of specialized maps, registries and information systems under Art. 32, Para. 1, item 2.

 

 

§ 24. Until the adoption of the Ordinance under Art. 7, Para. 3, the operating companies shall submit the data under Art. 32, Para. 1, item 1, letter "b" via electronic means by providing access to its information systems in accordance with pre-announced, proportionate, non-discriminatory and transparent conditions and, in the absence of any technical possibility, under the previous order.

 

 

§ 25. (1) Until the elaboration of the specialized maps for spatial planning, for the needs of the spatial planning and the investment design, any owner or other stakeholder may assign to a competent person under Art. 16, Para. 1 the elaboration of a partial specialized map under Art. 34.

(2) The content and the minimum scope of the partial specialized maps for spatial planning under Para. 1 shall be determined by the ordinance under Art. 34, Para. 5.

 

 

§ 26. (1) Until the handing over of the specialized maps and registries of the Agency for Geodesy, Cartography And Cadastre under Art. 32, Para. 5, the construction works not subject to the cadastre shall be put into operation on the basis of a certificate, issued by the respective municipality, that the contracting authority has fulfilled its obligations under § 36 of the Transitional and Concluding Provisions of the Act Amending and Supplementing the Cadastre and Property Register Act (SG 57 of 2016)

(2) Until the provision of functionalities in the cadastre information system to reflect the restriction zones in the cadastral map and the cadastral registries, the restriction zones shall be entered in the respective specialized maps and registries under Art. 32.

 

 

§ 27. Within three months of the promulgation of this Act in the State Gazette, the Council of Ministers shall adopt the amendments to Tariff №14 on the fees collected in the system of the Ministry of Regional Development and Public Works by regional governors as well.

 

 

§ 28. Within three months from the promulgation of this Act in the State Gazette, the Minister of Regional Development and Public Works shall bring the secondary legislation for the implementation of this Act in compliance with it.

 

 

§ 29. The two-year term for passing a course for maintaining and upgrading the professional qualification of the persons, who have acquired legal capacity under the Cadastre and Property Registry Act until the enactment of this Act, shall start to run as of the entry into force of this Act.

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

 

§ 32. (1) Upon an official change in the plans under § 8, Para. 1 of the Transitional provisions of the Spatial Development Act on the basis of an order of the bodies under Art. 135, Para. 1 in relation to Para. 5 of the same Act, if none of the options has been applied for implementation of the already existing court-regulation plans under § 8, Para. 2 of the Transitional provisions of the Spatial Development Act, land estates shall be regulated according to the rules of Art. 17 of the Spatial Development Act.

(2) The rules of Para. 1 shall also apply when new detailed development plans for the regulation of settlements, or parts thereof, are established.

 

 

§ 33. This Act shall enter into force three months after its promulgation in the State Gazette.

 

 

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.