Updated last 26.03.2021
General information
Construction projects may be implemented, only if permitted by the Spatial Development Act (SDA). According to art. 12, para. 2 of the SDA, building shall be admitted, only if it is provided with a detailed development plan and after change of the designation of the land when this is required by the order of a special law.
Depending on the characteristics, significance, complexity and the risks during their operation, construction projects are divided into 6 categories. Examples are shown for each category, as the complete list can be found in art. 137, para. 1 of the SDA.
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A construction project, which falls in two categories, based on different criteria is classified in the higher category. |
The construction permit, issued by the chief architect of the municipality is the start of the process. Art. 148, para. 3 of the SDA details the cases, when the construction permit is obtained from another executive authority.
If you perform unauthorized construction, without previously going through the required permit issuance procedure, the construction project will be considered “illegal construction“ and will have to be removed (potentially at your expense), in line with art. 225а, para. 5 related to art. 225, para. 2, item 2 of the SDA.
It should be noted that construction permit is required for a certain type of construction projects, listed in art. 151, para. 1 of the SDA, i.e.:
Who can initiate the procedure for the issuance of the construction permit?
The construction permit is issued at the request of the contracting party –owner of the property or a person, to the benefit of whom a construction right has been established in a third-party property, and who is entitled to carry out construction works in a third-party property, based on a special law.
It should be noted that there is also a special provision (art. 183 of the SDA), governing the relations in case of multiple owners:
New construction, building of superstructures or extensions may be performed in a co-owned regulated land property, by one or more of the co-owners based on notarized contract with the other owners.
What is the procedure for obtaining a construction permit?
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Obtaining a sketch of the land property |
This service is provided by the respective office of the Geodesy, Cartography and Cadastre Agency based on a filed application, according to a template. Information about the duration, price and the necessary documents can be found on the website of the Geodesy, Cartography and Cadastre Agency.
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Issuance of a design visa, if required (art. 140, para. 3 of the SDA) |
The design visa is a copy (excerpt) of the effective detailed development plan covering the land property and the neighbouring properties, with specified existing buildings and structures therein, and the development outlines in the neighbouring properties, as well as the permitted height/elevation, density and intensity of development and other requirements, if any. The visa is issued by the chief architect of the municipality within 14 days of the submission of the application. Additional information on the necessary documentation, which has to be added to the application, the fees and duration, with respect to the Sofia Municipality can be found in the online guide of the institution.
Another example of the template of the application can be found on website of the Dobrich Municipality.
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The application templates and the procedure itself may differ in the different municipalities. Additional information can be found on the website of each municipality. |
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Coordination and approval of a development-project design |
This step represents the foundation of the issuance of the construction permit. The contracting party must prepare and submit an application, accompanied by an evaluation of the conformity of the development-project design with the provisions of the detailed development plan.
The application for approval of the development-project design is filed in writing and should be addressed to the chief architect in the respective municipality, who can approve or reject the designs, provided that an evaluation of the conformity has been prepared by an expert council of the approving administration or in case of a complex report, prepared by a licensed consulting company.
A construction permit may be issued based only on approved by a competent authority conceptual design, provided that a preliminary evaluation of the conformity thereof with: the provisions of the detailed development plan, with the spatial development rules, standards and requirements, applicable to construction projects, subject to the regulatory framework for functionality, transport accessibility, environmental protection and health protection, as well as for mutual consistency between the separate parts of the project.
The preliminary assessment of the conceptual design is also performed by the chief architect of a certain municipality, as additional information with regard to the procedure can be found on the website of the Dobrich Municipality.
An application for Coordination and approval of a development-project design can be found on the website of the Dobrich Municipality.
An example of the template for the application for Coordination of a conceptual development-project design with completed preliminary conformity assessment, based on which a construction permit is issued, as well as the necessary documentation thereto can be found on the website of the Dobrich Municipality.
The development-project designs are coordinated and approved based on the following submissions:
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It should be noted that, in conformity with art. 147, para. 1 of the SDA, there are specific cases when no approval of the development-project designs is required for the issuance of a construction permit. |
Such examples of specific cases include:
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Submission of an application for the issuance of a construction permit |
After the successful completion of the preceding steps a procedure for the submission of an application for the issuance of a construction permit is initiated. The construction permit may be issued simultaneously with the approval of the development-project design, if this is requested in the application.
The application is submitted to the chief architect of the municipality and it is accompanied by the following documents:
Depending on the size and specificities of the construction project, you may also need documents, such as positive statement by the fire- and public-safety authorities and an Environmental Impact Assessment.
An example of the template for the application for construction permit may be found on the website of the Sredets Municipality.
Art. 148, para. 4 of the SDA provides information on the term for the issuance of the construction permit, when there is an approved development-project design – 7 days after the filing of the written application. The permit includes the following data:
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The construction permit becomes invalid, if within 3 years no construction has started or if within 5 years of the commencement of the construction, the rough construction is finalized (including the roof of the building). Construction projects, the construction permit of which has become invalid, may be implemented after re-endorsement of the construction permit. Re-endorsement of the permission may be requested by the contracting party for the project, within three months of the expiration of the original term. The building permit could be renewed only once – for renewal of the term for starting the construction or for renewal of the term for the construction’s end. |
Term | If the construction permit is not challenged within 14 days, it becomes effective. |
Fee |
A fee has to be paid for issuance of a construction permit, in conformity with Local Taxes and Fees Act (LTFA) and the respective Ordinance, adopted by the Municipal Council. |
For more information |
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For more information on the issuance of a construction permit, please refer to the website of the Directorate for National Construction Supervision and on the website of the Administrative register . |