Regulations, related to commissioning (Act 15, 16)

Updated last 26.03.2021

In this section you can find the following information:

• What is “Act 15“ (Act template 15)?
• What documents are included in “Act 15“?
• What is „Act 16“ (Act template 16)?
• What is the procedure for obtaining Act 16 for construction projects of the first to third category (procedure I)?
• What is the procedure for obtaining Act 16 for construction projects of the fourth to the fifth category (procedure II)?

With the progress of the construction, every investment process has to go through a certain permissions regime, after obtaining Act 14. In practice these are referred to as “Act 15“ and “Act 16“.

What is „Act 15“ (Act template 15)?

The objective of Act 15 is to establish the condition and readiness of the construction project for its commissioning.

After the completion of the construction project the contracting party, the designers of all the parts, the building contractor and the persons, exercising construction supervision, prepare an act, evidencing that the construction project has been completed in accordance with the approved development-project design, the endorsed as-built documentation [1], the regulatory requirements applicable to construction projects and the contractual terms and conditions.

This Act is used to hand-over the construction project and the construction documentation by the building contractor to the contracting party, and it forms the basis for the preparation of the final report by the person, exercising construction supervision.

Act template 15 contains:

• A description of the contracts for the execution of the construction, the construction papers, the as-built documentation and the acts and reports, prepared during the construction, the documentation from the construction file of the project (acts, reports, journals, statements of performance indicators/declarations of the construction product characteristics with respect to the construction products and other documents, required by the applicable regulatory documents), as well as those, regarding the performed tests, measurements, proving the proper performance;
• The data from the inspection of the site and the close environment (whether it has been restored in the state, when the construction site was opened),including description of the construction project and non-performed, uncompleted or poorly performed works, which have to be remedied before the filing of the request for the issuance of the permit of use/Commissioning Certificate, as a findings report will be prepared as an evidence;
• Evidence that the construction project has been completed in accordance with the approved development-project design, the endorsed as-built documentation, the requirements of the Spatial Development Act (SDA) and the terms and conditions of the contract, signed between the contracting party and the building contractor, based on which the preparing parties determine the readiness for acceptance of the construction project, part or stage thereof.

Important to know
	Act template 15 forms the basis for the preparation of act template 16 (Act 16) (Act 16 settles the establishment of the usability of the construction project).

What is „Act 16“ (Act template 16)?

In practice Act 16 is used as a general term, instead of permit of use or Commissioning Certificate, but there are a differences between them and should be distinguished, depending on the category of construction projects they apply to.

Important to know

For construction projects from the 1st to the 3rd category (motorways and roads, hydrotechnical facilities, production enterprises, hydrotechnical facilities etc.) Act 16 is issued by the governmental acceptance commission and concerns the establishment of construction project’s usability (part or stage of it thereof). Based on Act 16 the National Construction Supervision Directorate issues the permit of use. If your project concerns construction projects of the 4th and 5th category (residential and mixed-use buildings with low- and medium-height development, villas, etc.), no Act 16 is prepared, but a Commissioning Certificate is issued by the same authority, that has issues the construction permit. The constructions are categorized depending on the characteristics, significance, complexity and risks at the exploitation thereof. The construction categories are stipulated in article 137 of the Spatial Development Act.

The procedures, related to the issuance of the permit of use or Commissioning Certificate differ from one another, i.e. there is a difference between obtaining a permit of use and a Commissioning Certificate.

Procedure I – permit of use (1-3 category)

Filing a request for the appointment of a State Acceptance Commission (SAC) for issuance of permit of use

The request is made by the contracting party or his authorized representative and is addressed to the National Construction Supervision Directorate (DNCS), as the request must be always in writing.

The head of the DNCS or his authorized representative appoints or refuses to appoint SAC within 14 working days of the date of filing the request.

For the appointment of the Commission, the contracting party presents the following documents:

• A written request by the contracting party or his authorized representative;
• A final report by the person, exercising construction supervision, accompanied by:
  • The construction permit (legalization act);
  • A report on the establishment of a building line and levelling, including the results of the inspections of the controlled levels reached;
  • A findings act that determines the acceptability of the construction project (Act template 15);
  • Information about the cadastre identification number of the site, subject of commissioning;
  • An endorsed register of Orders;
  • An ownership document, or a document for established construction right in a third-party property, or a document for the right to build in a third-party property by virtue of a special law, if applicable;
  • Contracts with the utility companies (e.g., water-, electricity supply etc.) for the connection to the grids of the technical (utility) infrastructure.

The objective of the appointed commission is to determine whether the performance of the construction works and the functionality of the building are in accordance with the initially issued construction permit, the approved designs/ the endorsed as-built documentation and the effective legal framework for the performance and acceptance of the construction, including the requirements of the Spatial Development Act (SDA).

Assessment by the SAC and issuance of act template 16

Based on the onsite inspection and the documents submitted, the discussion at its sessions and the statements of its members, SAC issues act, template 16 with a proposal for the issuance of a permit of use for the building or a proposal for refusal to issue a permit of use.

Additional information on the procedure for the issuance of a permit of use and regarding the activity and structure of the SAC can be found on the website of the DNCS.

The head of the DNCS or his authorized representative, within 5 working days of the filing of act, template 16 of the SAC:

• Issues a permit of use;
• Refuses to issue a permit of use of the construction project by means of a written refusal, containing explanation.

In case of an issued order for refusal to issue a permit of use/Commissioning Certificate for the construction project, the contracting party may eliminate the reason for the refusal and file a written request for the appointment of the SAC.

Procedure II – Commissioning Certificate (4-5 category)

Filing a request for registration and issuance of a Commissioning Certificate

The request is based on a template and is filed by the contracting party or its authorized representative and is submitted to the authority, issuing the construction permit (e.g., the chief architect of a certain municipality). Аrt. 148, para. 3 of the SDA details the cases, when the chief architect of the municipality is not the competent authority.

The following documents need to be filed for registration and issuance of a Commissioning Certificate for a fourth- or fifth-category construction project:

• A written request by the contracting party or his authorized representative;

• Ownership document or a document for established construction right in a third-party property or document for entitlement to build in a third-party property by virtue of a special law;

• A final report by the person, exercising construction supervision;

• Construction permit (legalization act) – it is officially attached by the authority, issuing the construction permit;

• Report on the establishment of a building line and levelling with the results of the inspections of the supervised levels reached – apllied ex officio;

• Act template No. 14 for the acceptance of the structure, as required;

• A findings act as per art. 176, para. 1 SDA for establishing the construction project’s eligibility for acceptance, template No. 15 of Ordinance No. 3 of 2003 on the preparation of acts and reports during construction;

• information about the cadastre identification number of the site, subject of commissioning;

• Contracts with the utility companies for connection to the utility grids, as necessary;

• A technical passport, and if the structure is a newly-built building –the energy characteristics certificate of a new building, issued in accordance with the provisions of the Ordinance as per art. 48 of the Energy Efficiency Act;

• Acts pursuant to a special law, which are a mandatory condition for the issuance of a construction permit and/or commissioning permit;
• document for paid fee, unless the payment is made electronically.

Important to know
	For the registration and issuance of a Commissioning Certificate for a fifth category construction project, the same set of documents is submitted, excluding the final report by the person, exercising construction supervision.

An example application to the Sofia Municipality can be found on the website of the Architecture and Urban Planning Division.

Assessment by the competent authority and issuance of a Commissioning Certificate or refusal

The authority, issuing the construction permit, within 7 days after receiving the request, carries out an inspection of the completeness of the set of documents and:

• Issues a Commissioning Certificate or;
• Refuses to issue a Commissioning Certificate, based on a written refusal,including explanations.

At the discretion of the authority, issuing the construction permit, within 7 days, an on-site inspection can be performed, and a findings report will then be prepared for such an inspection, which will subsequently become an integral part of the building’s file.

The issuance of а Commissioning Certificate may be denied, when there is evidence of any of the circumstances as per art. 178, para. 3 SDA, as well as when no construction supervision has been exercised or it has been exercised by a non-licensed or non-registered person for construction projects of the fourth category and no technical guidance has been provided for fifth category construction projects.

In case of refusal to issue a Commissioning Certificate, the contracting party eliminates the reasons for the refusal and submits a written request for the registration and issuance of a Commissioning Certificate.

The aforesaid permits of use/commissioning certificates are the finishing acts of the construction, evidencing, that the construction project to which they refer, is indeed fit for commissioning.