Updated last 26.03.2021
The construction permit, as well as the refusal of issuance of such a permit, by their nature, are individual administrative acts in conformity with art. 214, item 1 and 2 of the Spatial Development Act (SDA) and these should indicate all the factual and legal reasons for their issuance.
The issuance of the construction permit, by the chief architect of the municipality or the refusal to issue such a permit are to be notified to the stakeholders subject to the terms and conditions, and the provisions, set out in the Administrative Procedure Code.
A refusal may be only issued based on law norms with an indication of the specific reasons for the refusal. In case of a refusal to issue the construction permit, the SDA provides for the option that you can appeal the respective individual administrative act.
What is the appeal procedure?
Submission of an appeal
With the repeal of article 216 of the Spatial Development Plan (SG, issue 25 of 2019) the building permits and the refusal for the issuance thereof are already subject to an appeal before the court. Which is the competent court depends on which body and authority is competent to issue the building permit. The general rule is that competent is the respective administrative court as per the location of the property. If however it concerns a refusal on behalf of the Minister of the regional development and public works, the decision is subject to an appeal before the Supreme Administrative Court.
|Important to know |
An appeal suspends the effect of the act.
The appeal and the contestations are filed through the body, whose act is appealed, within 14 days from the notification thereof, and when the act is promulgated in State Gazette, within 30 days from the promulgation thereof. Appeal against building permit of the Minister of regional development and public works or refusal for issuance of one is filed within 14 days from the promulgation of the announcement for the act’s issuance in State Gazette.
The state fees for court appeals to administrative acts are as follows:
The decisions of the first-instance court in relation to appeals of refusals for issuance of building permits are subject to a cassation appeal before the Supreme Administrative Court under the provisions of the Administrative Procedure Code. The state fee in the cassation procedure is in the amount of BGN 70 for citizens, sole proprietors, state and municipal bodies and other entities, performing public functions, and organizations providing public services, and in the amount of BGN 370 for the other organizations and companies.
|For more information|
For more detailed information, please refer to the website of the DNCS.