Change in the investment intentions
 

Updated last 26.03.2021

General information

In case of changes to the investment intentions, after the issuance of the construction permit only unsubstantial deviations from the approved development-project design are permitted. Art. 154, para. 2 of the Spatial Development Act (SDA) defines “substantial” deviations from the approved development-project design as those that:

  • Violate the provisions of the effective detailed development plan;
  • Violate the requirements for construction in territories with special spatial development protection or territories with regimes of preventive development protection;
  • Are incompatible with the designation of the territory;
  • Violate the construction rules and norms, the technical, technological, sanitary – hygiene, environmental and fire-safety requirements;
  • Change the building structure and the type of the constructive elements and/or the loads;
  • Violate the provisions of the project, changing the designation of the site, reducing or substantially changing the common parts of the building or the investment intention is changed for construction in stages, subject to the conditions of art. 152, para. 2;
  • Change the type and location of common systems/installations and equipment in buildings and facilities;
  • Change the type, level, location and route for transmission and supply lines and facilities to the urbanized territories and common grids and facilities of the utility services in urbanized territories, as well as the communication and transport grids and facilities and waste treatment facilities and installations.

 

Important to know
Important to know

Unsubstantial deviations from the approved development-project design are all other deviations, not listed above.

 

After the issuance of the construction permit, the legislator has expressly prohibited any amendments to the approved development-project design in the scope of the aforesaid substantial deviations in the first four paragraphs, for which amendments are strictly inadmissible without any exception from this rule.

After the issuance of the construction permit, however, amendments to the approved development-project design are permitted, within the scope of the aforesaid substantial deviations on the last four paragraphs under the following conditions:

First condition

A request must have been filed by the contracting party to the chief architect of the municipality (district), accompanied by the notarized consent of the stakeholders [1], based on the approved development-project design to the construction permit issued;

Second condition

The amendments must be permitted by an Order, issued by the chief architect, for supplementing the initially issued construction permit;

Third condition

The amendments must have been approved (and permitted) by the chief architect of the municipality (district), prior to their implementation.

 

Term

The amendments to the approved development-project design in the scope of the substantial deviations as per item 5 – 8 are approved/rejected with the following term:

  • Within 14 days, if there is a conformity assessment in the form of a complex report, prepared by a registered consulting company, unrelated to the design. For construction sites of the first, second and third category this is compulsory, а for lower-category sites - upon request of the contracting party;
  • Within 1 month, if there is a conformity assessment, accepted by an expert council of the approving administration.

 

The Order for supplementing the construction permit is issued together with the approval of the amendments to the development-project design. More information regarding the issuance of the Order can be found on the website of the Administrative register.


[1] The list of stakeholders can be found in art. 149, para. 2 of the SDA.

 
Operational Programme This item is available only in Bulgarian
Contacts: 8, Slavyanska Str. Sofia 1000, Bulgaria e-mail: e-docs@mi.government.bg