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Approval of Investment design
1. How you can get approval of the investment designs?
The Technical or Working investment designs for all parts shall be coordinated and approved by the Chief Architect of the
Municipality and are used as a ground for issue of Construction permit. The preliminary investment design shall be subject to coordination
with the chief architect of the municipality and is used as a ground for continuing the design in the following stages. The
preliminary investment design can be basis for issuing of permission for construction, if for it has been implemented preliminary
assessment of compliance with the provisions of the detailed development plan, with the rules and the norms for development of the
territory, with the requirements to the constructions according to the normative acts for functionality, transport accessibility,
protection of environment and the health protection, as well as for the mutual co-ordination between the separate parts of the design,
and it is approved by the Chief Architect of the Municipality. The following phases of designing shall be approved in the progress of
construction before implementing of the respective construction assembly works and and shall be subject to assessment of their
compliance according with the significant requirements for constructions.
The coordination and approval of investment designs shall be certified by writing out of the name, position, signature and date.
2. What kind of stamp is used for stamping the approved parts of the investment designs (all pages and drawings)?
All parts of the approved investment designs shall be stamped with the stamp of the Municipal Administration. The Law for Spatial
Planning does not introduce any requirement for the type and content of the stamp.
3. What does the complex design for investment initiative (CDII) like?
This type of design allows the procedures for the spatial planning and for obtaining of construction permit to be carried out together.
The investor has the opportunity on the ground of a motivated permission by the Mayor of the Municipality to prepare and submit to
the Municipality a design for detailed development plan (including a working development plan if necessary) together with a
working (or technical) investment design. The parts of CDII shall be approved together with the issue of a Construction permit. The
approval of all parts of CDII shall be carried out by the authority that is competent for approval of the plan. The Construction permit
can not be issued before the approval of CDII. The approval is simultaneous for the two parts (the development plan and construction
permit) without waiting for their coming in force separately. CDII duration is two years from the date of construction permit issue.
4. In which cases DAIW shall be prepared and respectively - WDAIW?
The Part ‘Design for arrangement and implementation of works’ (DAIW) shall be prepared in case that specific requirements are
available or it is specified in the contract for designing. With DAIW the conditions and the order for temporary use of sidewalks, free
public areas as well as sections of roadways as construction site shall be specified. At the request of the constructor a working design
for arrangement and implementation of works (WDAIW) shall be prepared which includes line or netlike complex schedule for the
sequence of implementation of construction – assembly works (CAWs), the deadlines for completion of CAWs, the duration of basic
items of works and the terms for delivery of machines and equipment.
5. What type of constructions does not require approval of design for issuing of construction permit?
Approval of investment designs shall not be required for the following constructions specified in art.147 from LSP, namely:
1. economic constructions with agricultural designation and the buildings of complementing construction of art. 44 and art. 46, para 1
unless with a decision of the municipal council other is provided;
2. mounting of installations, facilities and equipment, except the facilities with increased degree of danger, subject to technical
supervision by Chief directorate "Inspectorate for state technical supervision";
3. greenhouses with area up to 200 sq m;
4. pools with volume up to 100 cubic m in fenced landed properties;
5. retaining walls with height up to 2 m above the level of the terrain adjacent to their basis when they are not an element of transport
sites;
6. repair of the elements of the technical infrastructure;
7. fences, garden and park elements with height up to 2.20 m above the adjacent terrain;
8. diggings and dumps with depth or height up to 1 m and with area up to 30 sq m;
9. pneumatic (inflated) storehouses or covers with area up to 100 sq m;
10. the constructions of art. 55;
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11. conservation – restoration works of the monuments of culture which are not of global or national importance;
12. glazing of balconies and loggias, except these exposed to the first class street network;
Statement by a civil engineer with instructions about implementing them shall be presented for the constructions of para 1, items 1, 3,
5, 7, 11 and 12.
6. What does the construction permit contain?
In the construction permit all factual and legal grounds for its issue, the conditions regarding the works implementation including
utilization of the humus soil layer and removal of buildings without regime for building-up or their reservation for a specific time
until completion of construction shall be entered. It is desirable the required documents for commencing of works to be specified
also: contract for construction supervision, protocol for opening the construction site and determination of construction line and level,
certification of the Order book for this construction.
7. What is the duration of the construction permit?
The permission for construction shall lose legal effect when the construction has not started for 3 years after issuing or when the
rough construction, including the roof of the buildings has not been finished for 5 years after issuing. . This is ascertained in writing
by the body issued the permission.
The constructions for which the permission for construction has lost its effect in the sense of para 2 can be implemented after recertification
of the permission for construction. The approved design shall lose its legal effect when the permission for construction
has not been re-certified in one year term.
8. What type of constructions require estimation for compliance of the investment designs with the significant requirements
for constructions?
For constructions from first to fifth category all parts of the investment designs, which are basis for issuing of permission for
construction, shall be assessed for compliance with the essential requirements to the constructions.
I. The assessment shall comprise check of the compliance with:
1. the provisions of the detailed development plan;
2. the rules and the norms for spatial planing;
3. the requirements of art. 169, para 1 and 2;
4. the mutual co-ordination between the parts of the design;
5. the completeness and the structural compliance of the engineering calculations;
6. the requirements for structure, safe exploitation and technical supervision of facilities with increased danger if in the site there are
such;
7. the specific requirements to certain kinds of constructions according to a normative act, if for the site there are such.
II. The assessment for compliance shall be implemented:
1. with approval by the expert council of the approving administration;
2. as complex report, compiled by a licensed company – consultant, not connected with the designer – for sites of first and second
category;
3. as coordination of Part
„
Structures
”
by a person with a full designer
’
qualification different from the author of the design – for
sites from third to fifth category;
4. as an official coordination of design parts by Municipal admininistration experts – for sites which have not been presented to the
expert council and are not accompanied by a report from consultant.
9. What is the procedure for design preparation and implementation of constructions according designs prepared by foreign
individuals?
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I. The foreign individuals and legal entities who have full designer's competence, can implement independently investigation and
designing for sites in the country only with won competition and when they have been determined as contractors under the conditions
and by the order of the Law for the public procurement. In all other cases they can implement investigation and design only together
with Bulgarian designers.
Full designer’s competence shall be acknowledged to an individual from a country with which Republic of Bulgaria has a concluded
international contract for mutual acknowledge of diplomas, certificates and other evidences for official ‘architect’ qualification,
respectively – ‘engineer’, under the contracted conditions and prerequisites. In addition to this case full designer’s competence can be
acknowledged to a foreign person from a country – member of the European Union under the conditions of reciprocity.
II. In case at the request of the assignor a foreign design should be used prepared by foreign individuals and legal entities who do not
possess full designer’s competence according p. I it is necessary to:
1. The design shall be translated entirely in Bulgarian.
2. All parts of the investment design should be authorised by Bulgarian individuals who possess designer,s competence in compliance
with the Law for Chambers of architects and engineers in the investment designing. If necessary the Bulgarian individuals shall carry
out the required changes in the design documentation for its equivalency with the Bulgarian standards in force.
3. The design documentation should be comply with the requirements of Ordinance No4 for the scope of investment designs
(promulgated SG No51 dated 2001).
4. The individulas who has authorised the investment design and the assignor shall conclude all parts of the design documentation.
The design is a subject of estimation for its compliance with the significant requirements for constructions. The individulas who has
authorised the investment design bear the whole responsibility for the design suitabilty and quality
5. The obtaining of design approval and coordination, the permission of construction and the permission for use of the construction
shall be carried out under the established method in compliance with the requirements of LSP.
III. For projects funded entirely or partially by programmes of the European Union - accession funds, PHARE programme and
others, shall be applied the provisions of the Framework agreement between the government of the Republic of Bulgaria and the
European Commission, as well as the provisions and the procedures of the annual financial memorandums for the corresponding
programmes.
1. Procedure for approval of technical investment design by the chief architect of the Municipality
Procedure objective:The purpose of the administrative procedure for approval of technical investment design is, in the
presence of observed provisions of detailed development plan (DDP) or under the conditions specified in LSP for temporary
constructions in land properties, with the submitted design to the approving authority and with its approval, to give a prove that the
needed normative requirements regarding the future construction have been observed in compliance with the purposes this
construction is intended and the approved technical design is a ground for issue of construction permit. In cases a coordinated
preliminary investment design is available the technical investment design shall be approved as investment design in the next stage of
designing. The technical investment design shall not be submitted for approval by the expert council in case it is preceded by a
coordinated preliminary design and it is not substantially deviated from the preliminary one. The preparation of technical investment
design is the second stage of the investment designing, following the stage of preparation and approval of preliminary investment
design.
Competent authority: Part ‘Architecture’ from the technical investment design shall be approved by the chief architect of
the Municipality following the coordination of the rest design parts by competent specialists of the Municipal Administration.
Technical investment designs of the technical infrastructure with scope of and significance for more than one municipality shall be
approved by the regional governor, and sites with scope of and significance for more than one region and of national importance - by
the Minister of Regional Development and Public Works.
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Regulation: The procedure is regularized by the Law for Spatial Planning (LSP), The Law for Chambers of architects and
engineers in the investment designing (LCAIID), the Law for administrative service of individuals and legal entities (LASILE), the
Law for local tolls and charges ( LLTC), the Law for state charges (LSC), Ordinance No 4 dated 21.05.2001 for the scope and
content of the investment designs.
Act which shall be issued at procedure compleation approved technical investment design
The approved technical investment design shall be used as a ground of:
1. For construction permit issue;
2. For award of construction under the Law for Public Procurements;
3. For voluntary or legal partition of co-owned building, lodging or other separate part in the building;
4. For the following stage of the investment designing – preparation of working investment design in case it is required
in the assignment for designing (design contract).
Authority which is responsible: The request (application) for approval of a technical investment design shall be
prepared in written form and shall be addressed to the chief architect of the Municipality (the region). On the ground of the
municipal (regional) expert council decision the chief architect of the Municipality (the region) where is the location of the land
where the future works will be carried approves the submitted technical investment design for all types of constructions excluding the
following ones:
1. economic constructions with agricultural designation and the buildings of complementing construction of art. 44 and art. 46, para 1
unless with a decision of the municipal council other is provided;
2. mounting of installations, facilities and equipment, except the facilities with increased degree of danger, subject to technical
supervision by Chief directorate "Inspectorate for state technical supervision";
3. greenhouses with area up to 200 sq m;
4. pools with volume up to 100 cubic m in fenced landed properties;
5. retaining walls with height up to 2 m above the level of the terrain adjacent to their basis when they are not an element of transport
sites;
6. repair of the elements of the technical infrastructure;
7. fences, garden and park elements with height up to 2.20 m above the adjacent terrain;
8. diggings and dumps with depth or height up to 1 m and with area up to 30 sq m;
9. pneumatic (inflated) storehouses or covers with area up to 100 sq m;
10. the constructions of art. 55;
11. conservation – restoration works of the monuments of culture which are not of global or national importance;
12. glazing of balconies and loggias, except these exposed to the first class street network;
The request (application) for approval of the technical investment design shall be submitted by the investor to the records office of
the Municipality/region accompanied with the following documents under art. 144, para. 1 from LSP:
a) documents of ownership, and for buildings of condominiums also a decision of the general meeting for approval of the design that
has entered into force;
b) visa for designing in the cases:
· Illegal construction erected in land properties located in agricultural, forest or protected territories;
· Complementary building-up which is not contemplated in the detailed development plan in force;
· Temporary constructions;
· Building-up in unregulated territories which is not in compliance with the contemplations of the general or detailed
development plan in force;
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· Buildin-up in land properties whcih is not in compliance with the contemplations of the detailed development plan in
force;
·
· Completed constructions, including superstruction and addining to existing buildings which location and configuration
should be changed under the application of the detailed development plan in force.
c) three copies of the investment design with scope and content, determined with the ordinance No 4 dated 21.05.2001 for the scope
and content of investment designs
) decision for estimation of the influence over the environment issued under the order of the Law for Environment protection;
) assessment of compliance with the existing requirements for constructions prepared by the respective consultant or decision of the
relevant expert council in cases when such an assessment has not been prepared, a positive statement by the fire safety authorities is
missing for the constructions of first and second category and preliminary contracts with utilities companies for joining the networks
of the technical infrastructure have not been concluded.
Procedure duration
The duration for approval (respectively for revision or refusal of approval) of a technical investment design can not exceed one
month since the date of request registration. In this duration for approval (respectively for revision or refusal of approval) the time
during which the design is returned to the assignor for making corrections for conformity with the law shall not be included. The
approved technical investment design (respectively the approved design and the issued construction permit) shall be announced to the
concerned people under the order of the Civil Procedure Code (CPC). In case that the assignor does not submit a request for
obtaining a construction permit in one year term after the approval of the technical investment design it loses its legal action.
Refusal and objection
Refusal for approval can be given for conformity with the law and it should be well-grounded. The assignor shall be notified in
written form under the order of CPC for the refusal for approval of the investment design. The approved technical investment design
respectively the refusal for approval is subject to objection in front of the competent authority in 14-days term. In this case the
addressees of the letter of complaint are the chiefs of the National construction control regional directorates and for the special sites,
connected with the defence and the security of the country - the Minister of Defence, respectively by the Minister of Interior Affairs.
2. Procedure: Water supply and sewarage
Procedure objective: Provision of initial data for preparation of design, Part ‘Water supply and sewarage’
Authority which is responsible: ‘Water supply and sewarage’Ltd. – Vidin, Production – technical Department /PTD/.
Act which shall be issued at procedure completion: Initial data for preparation of design.
Regulation : 1. Law for spatial planning /LSP/, Ordinance No4 dated 14.09.2004 for the requirements and order for joining of
consumers and for use of the water supply and sewerage systems, Ordinance No 2 dated 31.07.2003 for commissioning of
constructions in Republic of Bulgaria and the minimal warranty periods for completed construction-assembly works, equipment and
sites.
Internal acts regularizing the rocedure /procedure, instruction, order or other/: Calculation of the procedure
value approved by the Manager of Water supply
Institution: Water supply and sewarage’Ltd. – Vidin
Address: Vidin, 18 Shiroka str. , tel: 094/601 078
FAX: 094/601 079
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e-mail: vik@vidin.net
3. Procedure for issue of Visa for designing
Regulation: The procedure is regularized by the Law for spatial planning (LSP), the Law for administrative
service of individuals and legal entities (LASILE), the Law for local tolls and charges (LLTC), the Law for
cadastre and the property register (LCPR), Ordinance No4 dated 21.05.2001 and Ordinance No7 dated
22.12.2003
Procedure Objective :
1. A document shall be created which shall certify the existence of a regularized land property
(regularized property), for which, in compliance with the detailed development plan, the borders, dimensions,
area, physical and other characteristics, access from street, road or alley, specific purpose and regime of
establishment (specified manner and type of building-up) are specified;
2. A permit for designing shall be provided for the regularized property by specifying the manner and type
of building-up with buildings of the main and complementary building-up in compliance with the contemplation
of the detailed development plan in force and/or the possibility for its building-up in compliance with the
construction rules and regulations for designing and constructing by specifying all precise measurements,
elevations, admissible heights, density and intensity of building-up of the regularized property and in specific
cases – in the neighbouring regularized property as well as the eventual deviations from the building-up rules
and regulations shall be specified.
Terms:
1. "Regulated landed property" or "regulated property" is a landed property for which with a detailed
development plan have been determined boundaries, access from a street, road or alley, concrete designation
and development regime.
2. "Density of the construction" is the ratio of the sum of the built areas of the basic and the supplementing
construction to the area of the regulated landed property expressed as percentage. Density of construction can
be determined also generally for a quarter, development territory or zone as well as for parts thereof.
3. "Easement strip" is a part of a landed property around networks and facilities of the technical
infrastructure, for which with a normative act restrictions have been introduced in the regime of construction
and use of the landed property.
Competent authority
The visa shall be issued by the chief architect of the municipality or the region – the respective territorial unit
for municipalities with territorial division established by law and in case of provided authorities.
Act which shell be issued at procedure completion "visa for designing"
The document shall be issued at the request of the assignor or a person, authorised by him or officially and it is
needed in the following cases:
1. 1) For provision of initial data to the assignor (the owner, a person in whose favour a right for
construction has been established or a person who has the right to erect in somebody else’s property under
special law) which shall be used by him for assignation to the designer at the stage of investigation and
designing of the contempalted in the detailed development plan in force and/or of the structure networks and
equipment and other elements of the technical infrastructure including the consideration of the designed
building-up with the easement strips of the already completed underground and overground equipment, power
lines and elements of the technical infrastructure and others which are not subject to replacement as a result of
technical reasons;
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2. 2) For provision of initial data for designing of buildings and constructions from the complementary
building-up in case it is not contemplated in the detailed development plan in force in the presence of
observation of use and building-up regime. In this hypothesis the issue of visa is compulsory;
3. 3) For provision of initial data in the cases of change of location and configuration of the buildings
within the regulated properties when applying the plans in force but without changing the established manner
of building-up (regarding the elongation of the building to the existing ones in the regulated property, to the
building in the neighboring properties and across the street as well as to the regulating lines) and the
establishes manner of building-up (small number of storey, medial number of storey, big number of storey) as
well as without changing the rules and normative for the respective development zone. Issue of visa for
designing is compulsory;
4. 4) For provision of initial data for designing of building-up in the landed property with structures which
functions shall be conformable with the purpose of the property (land). In this case the assignor is obliged to
ask for issue of visa;
5. 5) For obtaining of assessment for the influence over the environment issued by the order of the Law
for protection of environment and for preparation of assessment for compliance with the significant
requirements for constructions;
6. 6) For demonstrating in front of thirs parties what are the possibilities for building-up of the property
with buildings and structures from the basic and the complementary building-up in compliance with the
provisions of the detailed development plan in force;
7. 7) For establishemnt of other circumstances for development of territory connected with the provisions
of the detailed plans for the manner and character of building-up established by them, the admissible activities
and constructions, the density and the intensity of building-up, the limits and lines of building-up, the already
existing buildings which shall be preserved and be included in the building-up system, including for availability
of declared monuments of culture in the property and so on.
8. 8) For single permission for construction of temporary structures by the owners of the regulated landed
property for which the detailed development plans provide the construction of sites – public state and municipal
property, a new manner and character of building-up is established or a construction is prohibited. The
obtaining of such permit is impossible without issue of visa for designing.
9. The visa for designing is an undivided part from the required documents submitted for implementation
of procedure for coordination and approval of investment designs which are the grouns for issue of construction
permit and other documents as well as a copy – an extract from the detailed development plan in force it is an
undivided part from the required documents submitted for the procedure for construction of temporary road,
providing of free access to someone else’s property through administrative channels and so on.
10.
Remark: In case of hypotheses No 6, 7 and 8 the visa for designing shall be issued through official order at the
request of administrative or legal authority for the needs of the respective administrative or legal procedure.
Authority that issues the document: The request for issue of visa for designing shall be submitted in the
records-office to the relevant administration, addressed to the authority which is competent to carry out this:
· i) To the Minister of Internal Affairs or to the Minister of Defence – for special sites, connected with the
defence and the security of the country ;
· ii)To the chief architect of the municipality or the respective territorial unit (region) in case of
municipalities with established by law internal territorial division according the location of the landed property,
respectively the landed property outside the urbanized territory, for all rest cases. Documents for ownership of
the property, respectively for the building lease, documents for other limited real rights, powers of attorneys
and other shall be attached to the request. The visa is valid for six months term after that it can be re-certified
by the authority that has issued it and thus its validity is extended with another six months but until the date of
the well-grounded order of the mayor of the Municipality for change of the development plan in force,
respectively until the date of the imposed prohibition for construction. If meanwhile changes in the landed
property have occured which change its characteristics under the sense of Low or a new plan has come in force
(change of plan) a new visa for designing shall be issued. The service is not carried out in case of imposed
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prohibition for construction, in case of admitted procedure for changing or preparation of a new detailed
development plan, respectively until coming in force of the change or of the new plan, in view of the holded up
validity of the detailed development plan.
The visa for designing is a copy from acting detailed development plan (detailed town development
plan)and it contains information for the marked existing buildings and constructions in it or in the neighbouring
properties and with plotted lines of construction and admissible heights, density and intensity of building up and
other requirements, if there are such, as well as the admissible deviations from the rules and normatives for
building-up.
Procedure duration
The term for issue of the visa for designing is as follows:
· 7 (seven) days, in case it is issued by the Minister of Defence or the Minister of Internal Affairs – for
special sites, connected with the defence and the security of the country;
· 14 (fourteen) days, in case it is issued by the chief architect of the of the municipality or the respective
territorial unit (region) in case of municipalities with established by law internal territorial division according the
location of the landed property, respectively the landed property outside the urbanized territory, for all rest
cases.
The time for submittal by the applicant of the requested obligatory evidences for ownership (limited real rights)
of the property/plot which have not been provided at the request submittal shall not be included in this term.
The visa shall be received by the applicant at the records-office of the respective administration of the authority
which is competent to issue it against a signature of the applicant with marking of the date of receipt. In case
the visa is needed for implementation of administrative or legal procedure it shall be send (delivered) by the
municipal administration officially within the term specified by the respective authority.
Appeal
Explicit or tacit refusal for issue of visa can be appealed by administrative order according chapter four from the
LASILE. The same order can be used for appealing also the content of the issued visa in case the applicant
disagrees with it. The refusal of the competent authority can be appealed regarding its conformity with the law
through the court under the rules of art. 37-39 from LASILE.
5. Procedure for establishment of building lease by tender
Legal grounds Art. 58, para. 2 from the Law for state property, art.60 from Regulations for
applying the Law for state property /RALSP/
Manner of approach Set of tender documents
Required documents Set of tender documents
Direct Contractor State property
Duration 3 months
Value According the tender documents which shall be bought from the pay office at
the Regional Governor’s Office.
Procedure progress
Explanations: The tender procedure shall be opened with an order issued by the Regional Governor which
contains the conditions for its implementation, he confirms the tender documentation and appoints a
commission for its implementation /art.56, para 1 and art.58, para 1 from the Law for state property/. The
contenders submit all documents specified in the order for opening the tender procedure and the tender
documentation.
The tender shall be carried out observing the procedures specified in chapter V from the Regulations for
applying the Law for state property.
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After the tender implementation the Regional Governor issues an order for establishment of building lease or
right of superstructing or adding to construction /art.55, para 1 from RALSP in connection with art.56, para 1
and art.58, para 1 from the Law for state property/.
After coming in force of the order and paying the amounts due in 14-days term from its delivery /art.57, para
RALSP/, the Regional Governor shall conclude a contract for establishment of limited real right in seven days
term from the payment of the value /art.48, para 2, art.56, para 4, art.58, para 3 and art.58, para 1 RALSP/.
The contract shall be a subject of registration by the person who acquires the real right in the registration office
to the regional court according the location of the real property /art.60 Law for state property, art.58, para 3
RALSP, art.18 and art.112, ‘b’,’a’ from LSP, art.4, ‘b’,’a’ from the Regulations for registration/.
The specified terms are valid following the collection of all documents regarding the correspondence.
The explicit as well as the tacit refusal of the Regional Governor to carry out the establishment shall be subject
to objection under the order of the Administrative Procedure Code in front the regional court.
Duration for implementation: Construction permit shall be issued together with the approval of the
investment design in case it is requested in the application. The construction permit shall be issued in 7-days
term from the date of the submittal of the written application if an approved investment design is available.
Price: Charge according Tariff 14 of MRDPW: 0.001 % from the construction value of the site but not less
than 50 leva and not more than 250 leva.
Explanations: The refusal for implementation of the service can be appealed in front of the Supreme
Administrative court in 14-days term.
6. Procedure for Construction permit issue
A permission for construction shall be issued by the chief architect of the municipality and for the towns with
district division - upon decision of the municipal council - by the chief architect of the district. The permission
for construction shall be issued on the basis of approved technical or working investment design.
In case of refusal to be issued such permission, the owner who in this case is considered as investor, shall be
notified for this refusal in seven days term from taking the decision. The refusal shall be made only on the basis
of lawfulness, pointing out the concrete motives for this.
The approved designs as well as the refusal for approval shall be subject to appeal in 14 days term. The appeal
shall be carried out in front of the National Constrcution Control Directorate. The Chief of the Directorate or a
person authorized by him has the right to cancel the construction papers issued irregularly. Permits for
constructions which are alredy completed and permit for their exploitation is already issued can not be
cancelled.
The permission for construction shall lose legal effect when the construction has not started for 3 years after
issuing or when the rough construction, including the roof of the buildings has not been finished for 5 years
after issuing. In the second case the construction can be finished after re-certification of the permission for
construction or after issue of a new one.
Construction permit issue on the base of approved preliminary investment design
Procedure characteristic
The construction permit is a part of construction papers – it is a document which is obligatory for lawfull
implementation of the site. Constructions can be implemented only if they are permitted in compliance with the
Law for spatial planning, i.e. if a valid construction permit is issued for them. Constructions according §5, point
5 from LSP are: overground, semi-underground, underground and submarine buildings, structures, extensions,
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superstructure, fences, networks and technical infrastructure equipment, public and sports equipment as well
as their overhauls, reconstructions and reorganizations with and without change of their purpose.
According to LSP constructions commenced without issued construction papers shall be removed.
Procedure implementation
. Competent authorities
The competent authority for issue of construction permit is the chief architect of the Municipality, respectively
the region ( by decision of the Municipal council in case of towns with regional division) where the construction
is located.
A permission for construction of sites of the technical infrastructure, with a scope of and of significance for more
than one municipality, shall be issued by the regional governor, and of sites with a scope of and of significance
for more than one region and of objects of national importance, - by the Minister of Regional Development and
Public Works.
.Applicant
The construction permit shall be issued at the request of the assignor – owner of the property, the person, with
established building lease in someone else’s property, and the person who has the right to build in someone
else’s property by virtue of special law. The assignor can authorize another person to submit the application.
. Requirements for construction permit issue on the base of approved preliminary investment
design
The construction permit shall be issued if coordinated and approved preliminary investment design is available.
Preliminary assessment of compliance with the provisions of the detailed development plan, with the rules and
the norms for development of the territory, with the requirements to the constructions according to the
normative acts for functionality, transport accessibility, protection of environment and the health protection, as
well as for the mutual co-ordination between the separate part of the design are required.
The following phases of designing shall be approved in the progress of construction before implementing of the
respective construction – mounting works and shall be subject to assessment according to the requirements of
art.142, para 5 from LSP.
According to art.148, para 7 from LSP a permission for new site in an immovable property where there is
unlawful construction shall not be issued to the person who has accomplished the unlawful construction until it
is not removed or made legal.
V. Required documents
The assignor shall submit written application to the competent authorities for issue of construction permit on
the base of approved investment design.
The following documents shall be attched to the application:
1. documents of ownership or a document for established building lease in someone else’s property or
document for the right to build in someone else’s property by virtue of special law. and for buildings of
condominiums also a decision of the general meeting for approval of the design that has entered into force;
2. visa for designing in the cases of art. 12, para 3, art. 41, para 2, art. 50, 51, 59, art. 133, para 6 and art.
134, para 6 as well as for sites – real monuments of culture with world or national importance
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3. three copies of the investment design with scope and content, determined with the ordinance of art. 139,
para 5 LSP (Ordinance No4 dated 21 May 2001 for the scope and content of investment designs);
4. decision under the the assessment of the influence over the environment issued under the order of the Law
for protection of the environment for constructions which require such decision;
5. assessment of compliance, prepared by the order of art. 142, para 6 from LSP
6. according to the specific character of the construction – specific permissions, required by special laws.
V. Procedure progress
The coordination of the preliminary investment designs consists of checking of their compliance with the
provisions of the detailed development plan, with the rules and the norms for development of the territory.
The approved investment design is an undivided part from the construction permit (art. 148, para. 8 LSP).
The permission for construction shall be issued simultaneously with the approval of the investment design when
this is required in the application. The permission for construction shall be issued in 7 days term from the
receiving of the written application when there is approved investment design.
The interested persons shall be notified about the issued permission for construction by the chief architect of
the municipality (the district) or the refusal to be issued such permission, under the conditions and by the
order of the Civil Procedure Code. The refusal shall be made only on the basis of lawfulness, pointing out the
concrete motives for this. The refusal to be issued construction permission shall be issued in the same terms
as for the issue of this permission.
The bodies, issued permissions for construction, shall notify in writing the corresponding regional directorates
for national construction control about the issued permissions for construction and send copies of them in 7
days term after issuing them.
The permission for construction or the refusal of issuing can be appealed by before the chief of the regional
directorate for national construction control according the location of the property.
The term for appeal of construction permit or the refusal to be issued is 14 days from the date of its
promulgation. The Chief of NCCRD shall deliver his judgement in 15 days term from the date of registration of
the letter of complaint. His motivated order can be appealed in front of the Regional court according the
location of the property and for Sofia – in front of Sofia town court.
Following the court order enactment and coming in force the construction permit shall come in force,
respectively the refusal to be issued. The construction permit shall come in force if it will not be cancelled in 7
days term for official check and if it will not be appealed in 14 days term. The construction permits which has
come alredy in force can not be cancelled.
V. Charges
According to § 3 from LSP for construction permit issue charges shall be paid according the law for state
charges and according the law for local tolls and charges and the relevant tariff approved by the municipal
council ( in case the construction permit is issued by the chief architect of the Municipality/region).
The constructions for which a construction permit has been issued shall not be subject to removal.
Constructions for which a construction permit has been issued on the ground of approved preliminary
investment design and during construction process the investment designs for the following stages of design
have been approved can be commissioned by the specified legal order.
7. Opening the construction site and determination of construction line and level
The procedure is regularized in the Law for spatial planning (LSP), the Law for local tolls and charges (LLTC),
the Law for administrative service of individuals and legal entities (LASILE), Ordinance N03 from 31.07.2003
for compiling of acts and protocols during the construction process (Ordinance No3).
The procedure has the objective to compile documents-protocols for opening the construction site and
determination of construction line and level. They are used for certification the availability of conditions for
preparation and opening the construction site and for starting the construction-assembly works according the
construction line and level determined by the Municipality for construction which has the following documents:
12
an approved investment design, a construction permit; construction supervision (technical control) provided
by the investor/owner.
Document purpose
The document is needed by the applicant for:
Certification of the works commencement and occupation of the terrain where the constructionassembly
works shall be carried out;
Certification of the Order book for the construction;
Evidence for conformity with the law of the construction.
Competent authority
The request for opening the construction site and determination of construction line and level shall be prepared
as a request-application in written form. The application shall be submitted by the owner/assignor to the Mayor
of the Municipality following the issue of construction permit for the construction in the records-office of the
technical department of the Municipality.
Required documents
The following documents shall be attached to the application:
Document for ownership and/or for established building lease;
Construction permit;
Contract for provided construction supervision in case it is obligatory or it is concluded at the desire of the
assignor even if it not required. Licenses shall be attched to the contract issued by the NCCD for exercising of
construction control of the relevant types of constructions form the relevant building-up;
Tracing plan and plan for vertical planning;
Date for the Contractor and the on-site manager for the site;
Permissions and other necessary documents depending on the specific type of the construction and in
compliance with the paln for arrangement and implementation of construction:
- for occupation of sidewalks and/or parts of the roadway;
- for construction and other equipment passing through the central town area and other zones with limited
regime for crossingFG;
- for assembly of temporary fence around the construction site;
- for transportation of humus;
- for transportation of soil;
- for transportation of construction debris;
- for uprooting and/or cutting of existing trees.
Procedure progress"
Opening of a construction site and determining of construction line and level shall be implemented by the
person, exercising construction supervision for the site and for special sites, connected with the defence and
the security of the country – by the Minister of Defence, respectively by the Minister of Interior or the
persons, authorised by them. In the protocol shall be reflected the measures for ensuring safe and healthy
labour conditions, safety of movement and preservation of the neighboring buildings, networks and facilities in
the property, which are preserved during the construction and after it as well as the large size trees which is
not subject to removal. The record for the opening of a construction site and determining of construction line
and level shall be preserved forever in the archive of the administration that has issued the permission for
construction. A copy of the record shall be preserved by the assignor or the person exercising construction
supervision.
At reaching the design levels excavation, socle, cornice (eave) and ridge for buildings (respectively at level
excavation before filing of newly constructed or reconstructed underground conduits and facilities and for
surveying in the specialised maps and registers, design level with restored or fulfilled cover) the person,
exercising construction supervision or the technical chief of the constructions of fifth category shall be obliged,
before continuing the following construction and mounting works, to implement check and to establish the
compliance of the construction with the approved investment designs, the permission for construction and the
record for determining of construction line and level, at level excavation being compulsory the presence of the
engineer – geologist and the designer of the construction part.
The person, exercising construction supervision or the technical chief of the constructions of fifth category
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shall reflect the result of the implemented check at reaching of the controlled levels in the record for
determining of construction line and level, including the note, that the underground conduits and facilities
before filling up are reflected in the specialised maps and registers, and in three days term send certified copy
of the record to the municipality (the region). In three days term after finishing the construction and
mounting works for the foundations of the construction on request by the person, exercising construction
supervision or the technical chief of the constructions of fifth category an official from the municipal (regional)
administration shall implement check for establishing of the compliance of the construction with the issued
construction papers and whether the detailed development plan has been applied with regard to the building
up. In case at the check of the reached design level significant deviations from the construction papers are
established, the person exercising construction supervision shall stop the construction with an order, entered
in the order book of the construction, and compile record of established deviations, which shall be sent in
three days term to the regional directorate for national construction control.
Terms
The Law for spatial planning does not provide any term in which the person exercising the construction control
or the the technical chief of the constructions of fifth category are obliged to compile the protocols for opening
the construction site and determining of construction line and level. In case these person does not fulfill their
obligations for compiling the relevant protocols the constructor or any other concerned party – participant in
the construction process has the right to ask for their compiling.
For compiling the protocols the person exercising the construction control or the the technical chief shall send
written invitation to the persons who are supposed to attend. If they or their representative does not turn up
in 24 hours period after the term specified in the invitation the protocols shall be concluded by the attended
parties and the number and date of the invitation shall be registered. The lack of signature of the invited but
not attended person shall not be a ground for declaration of the protocols as unvalid.
8. Procedure for certification of buildings
Who has the right to implement the energy certification of buildings?
Certification of buildings shall be carried out by individuals or legal entities:
Registered under the Trade law;
Authorized by the National Body for Accreditation /NBA/;
Have at their disposal the necessary technical equipment;
Have at their disposal the needed staff;
Individuals who has: 1. Graduated Higher technical University and at least 3 years experience in this
speciality or graduated secondary technical school and at least 6 years experience in this speciality. 2.
Completed training course for certification of buildings
The training under art.16, para 4, point 4, ‘b’ from the Law for efficiency of energy shall be carried out
according a uniform cirriculum approved by the Executive Director of the Agency for efficiency of the energy
(AEE).
What kind of buildings can be certified?
Certification shall be carried out for new buildings, in case of reconstruction, modernization, basic renovation
and overhauls of existing ones. All buildings which are state or public property with extended built-up area
over than 1000m2 shall be subject to compulsory certification.
Process of certification: The process of certification includes:
Investigation, measurements, calculations, analyses of the elements of the energy characteristics of the
buildings, assessment and comparison with the standard technical norms, suggestion for energy saving
measures;
Issue of certificate: The issue of certificate is carried out following the implementation of detailed
investigation of the energy efficiency corresponding to the requirements of instructions under art. 17, para 2
from the Law for efficiency of energy. Certifying of buildings shall be carried out following the their
commissioning according to chapter eleven from the Law for spatial planning (LSP), in case of their selling or
renting. It is important to be aware of the fact that the certificate shall not be received immediately after
completion of construction as investigations should be carried out and the data for at least 3 winter periods
should be compared.
Types of certificates:
· Certificate A category – for buildings completed until 1990. It shall be issued for 10 years term;
· Certificate B category – for buildings completed after 1990. It shall be issued for 5 years term.
Tax concessions
· Certificate A – 7 or 10 years /if a renewed power supply is being used/;
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· Certificate B – 3 or 5 years / if a renewed power supply is being used/.
8.1. Building energy passport
What does the energy passport like ?
The new Law for energy efficiency introduces the concept of energy passport in parallel with the energy
certificate. The energy passport shows the condition of specific building at the moment of its issue. It shall be a
separate document as it is provided in the LEE but not a part from the technical passport of the building.
Energy passport shall be issued for each building and the energy certificate – only for the ones which complies
with a needed minimum of requirements. The energy passport shall certify the condition of the building, its
specific energy consumption according to a scale from classes from A to G as is the classification of electrical
devices, and class A shows the lowest energy consumption, G – the highest.
Who is responsible for issue of energy passport?
The energy passport shall be issued by independant consultant for construction supervision for new buildings
following their commissioning and it certifies their conformity with the design. The passport of the new building
shall be a subject to re-certification after every 3 years period and it shall be carried out by companies
registered in the AEE for implementing of investigation and certification of buildings. For the existing buildings
an energy passport shall be issued by the enrgy auditors, i.e. by the companies registered in AEE after their
investigation.
8.2.ESCO Services
The services regarding the energy efficiency connected with investigation for energy efficiency, designing,
constructing, assembly, modernization, maintenance and/or management and monitoring shall be carried out
by individuals or legal entities registered under the Trade law or under the legislation of another country –
member of European Union, or another country – a party of the Agreement for European economic area, with
subject of activity, including implementation of services under contracts with guaranteed result (ESCO
Services). Art.20 from LEE. The individuals and legal entities implementing services regarding the energy
efficiency provide the service implementation entirely or partially with their own funds or they are engaged to
provide the financing from third party. The investments and the remunerations for services regarding the
energy efficiency shall be reimbursed, respectively paid, at the expense of the savings.
9. Permition for landing of construction waste and grounding
Regulation: Regulation of the Council of Municipality
Required documents: Declaration under Regulation
Competent authority: Municipality administration
Terms: 30 days
Taxes: – landing of construction waste - 4,70 BGN/m3;
- grounding- 2,40 BGN/ m3.
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Annex 1
VIDIN REGION: Contact details
/Municipality of VIDIN, KULA, DIMOVO, GRAMADA AND CHUPRENE/
Municipality Mayor Municipal property Chief Architect
VIDIN
Contacts with Municipality:
Address: Vidin 3700, 2 Bdintzi sqr.
Telephone: +359 94 609 430
Fax: +359 94 601 132
E-mail: mayorvidin@vidin.net
Internet site:
http://www.vidin.bg
Rumen Vidov
Directorate FIB
Director:
Milen Milchev
Теl.:+359 94 609 413
‘Property management’
Department
Chief of Department:
Polina Ilieva
Теl.+359 94 609 433
e-mail:
mayorvidin@vidin.net
Angel Nedyalkov
Теl.:+359 94 609 411
KULA
Contacts with Municipality:
Address: Kula 3800, 38
Vazrajdane str.
Теlephone: 0938/ 2020
Fax: 0938/ 22 25
E-mail: kulacom@mail.orbitel.bg
Internet site:
http://www.kulamunicipality.com
Marko Petrov ‘Specialized
Administration’ Directorate
‘Municipal Property’
Department
Plamen Velkov
Теl.:0938/2020
Katya Kamenova-resp.
Municipal property
Adelina Trifonova
Теl.:+359 938 2020
16
Теl.:+359 938 2020
e-mail:
kulacom@mail.orbitel.bg
DIMOVO
Contacts with Municipality:
Address: Dimovo 3750, 137
Georgi Dimitrov str.
Теlephone: +359 94 601272;
+359 9341 260
Fax: +35994 601272
E-mail:
obstina_dimovo@abv.bg
Internet site:
http://www.dimovo.net
Todor Iliev ‘European rapprochement,
economic management
and local revenues’
Directorate
Director:
Irina Georgieva
Теl.:+359 9341 22 60
e-mail:
obstina_dimovo@abv.bg
Mitko Slavchev
Теl.:+359 9341 22 60
GRAMADA
Contacts with Municipality:
Address: Gramada 3830, 1 Miko
Ninov sqr.
Теlephone: 09337/2258
Fax: 09337/2231
E-mail:
Obstina_gramada@abv.bg
Internet site:
http://www.gramada-bg.com
Nikolai Gergov ‘Specialized
Administration’ Directorate
Director:
Radoslav Rangelov
Теl.+359 885 267 304
e-mail:
obstina_gramada@abv.bg
Daniela Dimitrova
Poriazova
Теl.: +359 889 919
115
CHUPRENE
Contacts with Municipality:
Address: Chuprene village 3950,
Vanyo Kostin
‘Municipal Administration’
Directorate
Stefcho Kamenov
Теl.: +359 9327 580
17
55 Assen Balkanski str.
Теlephone: +359 9327 580
Fax: +359 9327 580
E-mail:
ob_chuprene@abv.bg
Internet site:
http://www.chuprene.com
Secretary:
Assen Emilov Juninsky
Теl.+359 9327 580
e-mail:
ob_chuprene@abv.bg
 davido.extraxim@gmail.com