Property Law, Real Estates & Construction Law

Property Law, Real Estates & Construction Law

Property Law, Real Estates

Property law (Latin: jus in rem) is a subjective civil law whose subject matter comprises personal property, moveable possessions and real estates. Property law is a branch of civil law and as such governs civil-law relations.

The right to property is divided into two groups – right to ownership and limited rights in rem. Moreover, property law also means the body of rules of law regulating the right to property and the other subjective rights in rem.
In Bulgaria, the main legal act governing property and the other rights in rem is the Property Act.

We will advise you and organise the entire process of completing your transactions with real estates, and will also defend your property if necessary!

In this respect, we offer the following services:

– Legal advice in connection with the purchase or sale of real estates, preparation of deeds, preliminary agreements, lease, mortgage, donation, exchange agreements, etc.

– Assistance during the entire process of negotiation and transactions regarding real estates and construction

– Advice and preparation of agreements in connection with the right of ownership and the limited rights in rem (right to use, right to construct, right to additions and superstructures, right of way)

– Legal aid, assistance and legal opinions with regard to property law proceedings for infringed right to ownership or occupancy

– Legal assistance in the participation in negotiations and intermediation in particular transactions whose subject matter is the purchase and sale of real estates

– Advice in connection with the preparation of the necessary documents for a notarised transaction. At the client’s request, we offer drawing up and provision of the necessary documents

– Title search for acquisition of real estates by prescription

– Preparation of powers of attorney, declarations, etc.

– Declaration of preliminary agreements as final under a court procedure

– Creation of a right to build

– Voluntary and judicial division of jointly owned property

– Cancellation of legal transactions due to voidness or another form of invalidity

– Assistance in receiving compensation in the event of failure of performance under a preliminary or a final agreement

– Management and maintenance agreement

– Legal assistance in restitution claims

– Preparation of statements of claim and legal representation in connection with the title and possession of real estates

– Title search with regard to real estates

Construction Law

The construction, addition and alteration law is part of the administrative law which governs the authorisation requirements for carrying out construction works, as well as their supervision.

The construction relations are relations with a high level of complexity. Their implementation requires extensive knowledge of the individual branches of law, as well as practical skills.

The state imposes a number of administrative regulations on the construction process, which are mostly imperative.

The participants in the construction processes are governed by the Spatial Planning Act and their legal status is precisely regulated.

The main regulation on the construction is contained in the Spatial Planning Act (SPA), but it is also regulated by a number of other acts such as the Chamber of Architects and Engineers in Investment Design Act (CAEIDA), the Professional Qualification Recognition Act (PQRA), the Activities for Provision of Services Act (APSA), the Chamber of Developers Act (CDA), Ordinance No. 9 of 22.05.2001 on licensing the persons exercising construction supervision, Ordinance No. РД-02-20-25 of 03.12.2012 on the conditions and procedure for issuance of a certificate of registration with the Registers of consultants for evaluation of investment projects and/or exercising construction supervision, etc.
We will guide you professionally through the entire construction process.

In this respect, we provide the following services:

– Legal aid and legal opinions in the process of construction of buildings and investment in real estates

– Survey of plots for construction prior to the commencement of the procedure and the individual construction and assembly works

– Tax advice related to the construction and purchase and sale of real estates

– Agreements on construction, obtaining a planning permission, land use change

– Advice on the Public Procurement Act. Organising the participation and preparation of the documentation under specific public procurement contracts

– Legal assistance for lawsuits related to construction upon the delivery of property and receipt of documents for the construction stages. Certificate of rough construction, certificate of commissioning, etc.