Part one. BASICS OF SPATIAL DEVELOPMENT Chapter one. and Chapter two. DESIGNATION OF THE TERRITORIES AND THE LANDED PROPERTIES
Part one.
BASICS OF SPATIAL DEVELOPMENT
Chapter one.
GENERAL PROVISIONS
Art. 1. (amend. SG 65/03) (1) The territory of the Republic of Bulgaria is national wealth. Its structure shall guarantee sustainable development and favourable conditions for living, work and recreation of the population.
(2) This Act shall provide the public relations, connected with the structure of the territory, the investment designing and the construction in the Republic of Bulgaria, and shall determine the restrictions of ownership for development purposes.
Art. 2. The Council of Ministers shall define the basic directions and principles of the policy for spatial development and approve decisions for financing the activities for spatial development.
Art. 3. (1) (amend. SG 65/03; amend. and suppl. – SG 66/13, in force from 26.07.2013) The Minister of Regional Development shall manage the implementation of the state policy in the spatial development, co-ordinate the activity of the central and the regional bodies of the executive power, of the bodies of local government and the local administration, implement methodical guidance and exercise control over the overall activity for the spatial development. The Minister of Investment Project Development shall provide methodological guidance and monitoring of the activity of the participants in the investment process, and also of the activities for licensing of construction, acceptance and commissioning of accomplished projects.
(2) (amend. – SG 66/13, in force from 26.07.2013) The Minister of Regional Development shall appoint National expert council for spatial development and regional policy and organise its work. The Minister of Investment Project Development shall appoint National expert council for investment project development and shall organize its work.
(3) (new – SG 65/03; amend. and suppl. - SG 33/08; amend. – SG 66/13, in force from 26.07.2013) The Minister of Regional Development shall, on proposal by the Minister of Defence and the Minister of Interior and the Chairman of State Agency "National Security", appoint specialised expert councils on development of the territories, which shall consider the investment designs for the special sites, connected with the defence and the security of the country. The Minister of Defence, the Minister of Interior and the Chairman of State Agency "National Security" shall organise the work of these councils.
Art. 4. (1) The regional governor shall conduct the state policy for spatial development in the corresponding region.
(2) Depending on the development objectives and tasks of regional and inter-municipal importance the regional governor can appoint regional expert council for spatial development and organise its activity for implementation of the functions conceded to him with this Act. The members of the regional expert council shall be defined according to the character of the project being considered.
(3) (new – SG 65/03) The regional governor shall organise the maintaining of archive of the acts issued by him in connection with his authorities under this Act.
Art. 5. (1) (suppl. SG 65/03) The municipal councils and the mayors of the municipalities shall, within the framework of the conceded competence determine the policy and implement activities for the spatial development of the corresponding municipality.
(2) (amend. – SG 61/07, in force from 27.07.2007) In the municipalities and in the regions of Sofia municipality and of the towns with division in districts chief architects shall be appointed with a labour or office contract upon a competitive examination. Persons with acquired full engineering competency or those having got the required time of service for its acquisition shall be appointed as chief architects.
(3) (amend. SG 65/03; amend. – SG 61/07, in force from 27.07.2007) The chief architect of the municipality shall manage, coordinate and control the activities for spatial development, engineering and construction in the respective territory, shall coordinate and control the activity of the units of par. 6 and shall issue administrative acts according to the powers conceded to him under this Act. The chief architect of the municipality shall coordinate and control the activity of districts chief architects.
(4) The mayor of the municipality (the district) shall appoint municipal (district) expert council for spatial development.
(5) (new – SG 65/03) The mayor of the municipality shall organise the maintaining of archive of the approved development plane and their amendments, archive issued construction papers, register of all decisions for working out of detailed development plans and of their amendments, register of the issued permissions for construction and register of the constructions, entered into exploitation.
(6) (new – SG 65/03; amend. – SG 61/07, in force from 27.07.2007) In the structure of the municipal administration and of the administration of the district operational unit shall be created for fulfilment of the functions and the tasks under this Act.
(7) (new – SG 65/03; amend. and suppl. - SG 33/08; amend. – SG 66/13, in force from 26.07.2013) The Minister of Regional Development, the Minister of Investment Project Development and the regional governors shall send for preservation in the archive of the municipality copies of the acts, entered into force, issued by them within the authorities under this Act, about sites on the territory of the respective municipality. The Minister of Interior, the Minister of Defence and the Chairman of State Agency "National Security" shall concede information to the municipalities about the special sites, connected with the defence and the security of the country by the order of the Protection of Classified Information Act.
Art. 6. (1) (suppl. – SG 66/13, in force from 26.07.2013) The National council for spatial development and regional policy, the National Expert Council for investment project development the regional and the municipal (the district) expert councils for spatial development shall implement consultative and expert activity.
(2) In the expert councils of para 1 can be included also specialists out of the administration where they have been established.
(3) Funds from the corresponding budgets shall be provided for the work of the expert councils of para 1.
(4) (amend. SG 65/03) In the expert councils shall be included also representatives of the specialised control and co-ordination bodies when their statement, decision or permission is required under the law.
(5) (revoked – SG 65/03; new – SG 66/13, in force from 26.07.2013) The National expert council for investment project development shall:
1. carry out due diligence of investment projects, the coordination and approval of which is within the competency of the Minister of investment project development;
2. adopt investment projects and designs of general land development plans of municipalities, submitted for consideration subject to compliance with the provision of Art. 127, par. 5;
3. carry out other activities, assigned to him/her by the Minister of investment project development.
(6) (amend. SG 65/03) The specialised expert councils for development of the territories, connected with the development and the security of the country shall:
1. implement expertise of the investment designs;
2. approve the investment designs;
3. (amend. and suppl. - SG 33/08) fulfil other activities, assigned by the Minister of Defence, by the Minister of Interior or the Chairman of State Agency "National Security".
(7) (amend. SG 65/03) The conditions and the order for work of the expert councils shall be provided with an order by the body, assigning them.
Chapter two.
DESIGNATION OF THE TERRITORIES AND THE LANDED PROPERTIES
Art. 7. (1) (prev. Art. 7, amend. – SG 82/12, in force from 6.11.2012; amend. and suppl. - SG 28/13) According to their basic designation defined with the concepts and spatial development schemes and general development plans the territories in the country are: urbanised territories (settlements and settlement formations), agricultural territories, forest territories, protected territories, damaged territories for restoration, territories covered by waters and water sites and transport territories.
(2) (new – SG 82/12, in force from 6.11.2012) Territories intended for agricultural, forest or urbanized territories may be at the same time intended as protected territories, determined by a law.
Art. 8. The concrete designation of the landed properties shall be determined with the detailed development plan and it can be:
1. (amend. SG 65/03; amend. and suppl., SG 65/04) in urbanised territories or in separate landed properties out of them - for residential, public servicing, production, storage, resort, villa, sport and amusement functions, green areas and green connections between them and the territories of nature protection, for decorative water systems (cascades, navigation canals and others), for movement and transport, including bicycle lanes and for movement of disabilitiyped people, for technical infrastructure, for special sites etc.
2. in agricultural territories - for farmed land (fields, orchards and vegetable gardens, vineyards, meadows etc.) and non farmed land (pastures, slopes, gullies, ravines etc.);
3. in forest territories - for forests (timber woods, protective forests, recreation forests etc.) and forest lands (glades, land taken by bushes, rocks etc.)
4. (amend., SG 88/05) protected territories - for protection of environment (reserves, national parks, natural sites, maintained reserves, nature parks, protected areas, beaches, dunes, water sources with their sanitary - protection zones, water areas, humid zones, protected coastal strips) and for preservation of the sites of the culture and historic heritage (archaeological reserves, separate quarters or landed properties in settlements with culture-historic, ethnographic or architectural significance);
5. in damaged territories - for restoration and reclamation of quarries, mines, mounds, deposits, tailings ponds, waste deposits, land slides etc.
6. (new – SG 28/13) in territories covered by waters and water sites – for the internal sea waters and the territorial sea, the Bulgarian section of the Danube river, the rivers, lakes and dams;
7. (new – SG 28/13) in transport territories – for the republic and local roads, the railway infrastructure, the ports and airports.
Art. 9. (amend. – SG 61/07, in force from 27.07.2007) (1) In territories without development plans the designation of land properties until the enforcement of the plans shall be determined on the grounds of their actual use, unless their use contravenes an Act.
(2) A change of the designation of territories and of landed properties with objective construction to be made shall be implemented on the basis of a detailed development plan in effect subject to the terms and conditions and following the procedures set out in this Act.
(3) (amend. – SG 19/09, in force from 10.04.2009; amend. - SG 92/09, in force from 20.11.2009; revoked – SG 82/12, in force from 6.11.2012)
