Ministry of Regional Development and Public Works
Ministry of Regional Development and Public Works
Ministry of Regional Development and Public Works

Chambers of architects and engineers in investment design act

Chambers of architects and engineers in investment design act

05 Apr 2016 | 11:37

Prom. SG. 20/4 Mar 2003, amend. SG. 65/22 Jul 2003, amend. SG. 77/27 Sep 2005, amend. SG. 30/11 Apr 2006, amend. SG. 79/29 Sep 2006, amend. SG. 59/20 Jul 2007, amend. SG. 13/8 Feb 2008, amend. SG. 28/14 Apr 2009, amend. SG. 15/23 Feb 2010, amend. SG. 82/26 Oct 2012, amend. SG. 66/26 Jul 2013, amend. SG. 83/24 Sep 2013, amend. SG. 98/28 Nov 2014, amend. SG. 27/5 Apr 2016

Chapter one. GENERAL PROVISIONS

Art. 1. (amend. - SG 79/06; amend. – SG 28/09) This Act shall regulate the conditions and the procedure for acquisition, recognition and loss of designer capacity for exercising the professions "architect" and "engineer" in spatial planning and investment designing, as well as the structure and organisation of the activity of their professional organisations.

Art. 2. (amend. – SG 28/09) (1) Professional organisation of architects, landscape architects and urbanists who have designer capacity in spatial planning and investment designing shall be the Chamber of Architects in Bulgaria.

(2) Professional organisation of engineers who have designer capacity in spatial planning and investment designing shall be the Chamber of Engineers in the Investment Design.

(3) The Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design continue the tradition and activity of the Chamber of Engineers and Architects, established by Ordinance-Act on the Chamber of Engineers and Architects and the Academic Organization of the Engineers and Architects in Bulgaria of 1973. (Prom. - SG 221 from 1937; corrected - SG 226 from 1937).

Art. 3. The Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design shall be corporate bodies with headquarters in Sofia.

Art. 4. (1) (amend. - SG 79/06) The Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design shall carry out their activity on the territory of the country through regional associations.

(2) (suppl. - SG 79/06) In the Chamber of Architects in Bulgaria shall be formed sections in specialities or group of specialities according to the statutes of the chamber.

Chapter two. OBJECTIVES, FUNCTIONS AND TASKS OF THE CHAMBERS

Art. 5. The Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design shall:

  1. represent their members and defend their professional rights and interests in compliance with the interests of the public;
  2. (amend. - SG 79/06; suppl. – SG 28/09) prepare professional code of the architects, landscape architects and urbanists respectively of the engineers, and exercise control for observing it;
  3. (amend. - SG 79/06) not admit monopoly, unfair practice and unequal position between its members;
  4. (suppl. – SG 28/09) create conditions for free choice of architects landscape architects, urbanists and engineers on behalf of the client (the investor);
  5. (suppl. – SG 28/09) render co-operation for protection of the copyright of the architect, landscape architect and the urbanist and the engineer on the design and its practical realisation in compliance with the legislation for copyright and related rights, in effect in the country;
  6. prepare and present statements about normative acts, connected with the spatial planning, the investment design and construction;
  7. support the competition basis in designing;
  8. implement co-operation with kindred chambers (professional organisations) at European and international level;
  9. (amend. – SG 28/09) carry out co-operation with the higher schools for education of architects, landscape architects, urbanists and engineers, participating by their representatives in the drawing up of training programmes and curriculum for the students and in the committees for conducting state exams under terms and following a procedure set forth in a cooperation agreement concluded between them;

and organise together qualification courses, post-graduate training and courses, including for training in European rules and standards;

  1. (suppl. – SG 28/09) approve rules for work and co-operate for the conducting of the training practice of the designers with restricted designer capacity;
  2. (new – SG 28/09) organize and carry out continuous training for improvement of the professional qualification and re-qualification and competence of architects, landscape architects, urbanists and engineers;
  3. (prev. text of item 11 – SG 28/09) carry out other activities, provided in the statutes of the two chambers.

Art. 6. For fulfilment of the basic objectives of art. 5 the Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design shall:

  1. (amend. - SG 79/06) maintain and update registers of the persons with full designer capacity, which shall be promulgated every year in State Gazette;
  2. (amend. - SG 79/06) maintain and update the registers of the design bureaux;
  3. (amend. - SG 79/06) maintain and update registers of the designers with restricted designer capacity;
  4. (amend. - SG 79/06) issue certificates for the relevant designer capacity;
  5. (amend. - SG 79/06) follow the fulfilment of the professional obligations of their members and impose the punishments, provided for in this law;
  6. co-operate for solving of disputes between their members and third persons;
  7. (amend. - SG 79/06) adopt methods for assessment of the amount of the remunerations for providing designer’s services.

Chapter three. KINDS OF DESIGN CAPACITY. DESIGN PRACTICE. MEMBERSHIP IN THE IN BULGARIA OF ARCHITECTS AND IN THE CHAMBER OF THE ENGINEERS IN THE INVESTMENT DESIGN

Art. 7. (amend. - SG 79/06) (1) (suppl. – SG 28/09) The persons, acquired diplomas from accredited higher school with professional qualification "architect", "landscape architect", "urbanist", "construction engineer" or "engineer" with education – qualification degree "master" shall have restricted designer capacity and can provide designer’s services in the field of spatial planning and investment designing after they have been entered in the register of the designers with restricted designer capacity in the respective chamber.

(2) (amend. – SG 28/09) The persons, who have acquired diplomas from accredited higher school with professional qualification "landscape architect", "urbanist" or "engineer" with educational qualification Bachelor's degree, who have at least 4 years of professional experience in the speciality, can obtain restricted designer capacity and provide designer’ services in the field of spatial planning and investment design and drawing up projects for the respective parts of the design documentation, after they have been entered in the register of the designers with restricted designer capacity in the respective chamber.

(3) (amend. – SG 28/09) The designers with restricted designer capacity, entered in the register of the respective chamber according to the acquired professional qualification, can provide the following designer’s services:

  1. in the sphere of spatial planning:
  2. a) architects and urbanists – drawing up drafts of detailed development plans in range of up to one quarter in urbanized territories and up to 3 hectares – outside urbanized territories;
  3. b) landscape architects – drawing up drafts of detailed development plans for public green areas, parks and gardens in range of up to one quarter in urbanized territories and area up to 3 hectares – outside urbanized territories, as well as plan – schemes under the "Park Development" part to the detailed development plans in range of up to 3 quarters in urbanized territories and area of up to 3 hectares outside urbanized territories;
  4. c) engineers – working out the elements of the technical infrastructure of drafts of detailed development plans in range of up to one quarter in urbanized territories and area up to 3 hectares – outside urbanized territories;
  5. in the sphere of investment design:
  6. a) architects – working out projects according to "Architectural" part for constructions of fifth and sixth category,
  7. b) landscape architects – working out designs of parks, gardens and green areas of fourth category, of projects under the "Park Development" part – for constructions of fifth category, and designs of gardening and park elements - – for constructions of sixth category;
  8. c) engineers – working out designs for constructions of fifth and sixth category;
  9. working out rough drawings and details for constructions and plans of all categories.

(4) (revoked – SG 28/09)

(5) The designers with restricted designer capacity may acquire full designer capacity, if they have professional experience for a period of:

  1. (amend. – SG 28/09) two years as employees under employment contract with a designer with full designer capacity, or
  2. four years as freelance designers or as employees under official terms of employment or under legal terms of employment on main employment contract, holding a position, for which the relevant education is required.

(6) Designers, who are convicted by an enacted sentence for deliberate crime of general nature, may not acquire with full designer capacity, unless rehabilitated.

(7) (amend. – SG 28/09; amend. – SG 82/12, in force from 26.11.2012) The designers with full designer capacity, entered in the register of the respective Chamber, and, according to the competence acquired, shall be entitled to provide designer’s services in the field of spatial planning and investment designing without restrictions by type and size, to negotiate participation in engineering of constructions and to exercise control on the implementation of their projects. Landscape architects with full designer capacity are entitled to provide designer services only for designs of development plans and of investment designs for parks, gardens, green areas, gardening and park elements, as well as investment designs under "Park Development" part for constructions of all categories. Urbanists with full designer capacity are entitled to provide designer services only in the sphere of spatial planning

(8) (suppl. – SG 28/09; amend. – SG 82/12, in force from 26.11.2012) Upon signing of the designs, designers referred to in paras 3 and 7 shall use their own seals, containing their name and registration number, and as regards to engineers – also the part of the design documentation. Designs of development plans and of investment designs for construction of sites, which are not signed and sealed by designers with the respective designer capacity, shall not be subject to consideration, assessment, coordination and approval by the competent bodies, and permission for construction shall not be issued for the said designs.

(9) (new – SG 28/09) One and the same person may not participate in the construction process as a designer and a constructor at the same time.

Art. 8. (amend. - SG 79/06) (1) (suppl. – SG 28/09) The freelance designers, the designers with full designers capacity – registered as traders, as well as the designers companies shall carry out their activity regarding provision of designer’s services in design bureaux. Several designers, not necessarily partners, may use mutual design bureau for carrying out their activity. Designers having limited designer’s capacity may not provide work for designers with full designers capacity under employment contracts.

(2) (suppl. – SG 28/09) The design bureaux shall be entered in public registers, which shall be maintained by the Chamber of Architects in Bulgaria, respectively by the Chamber of Engineers in the Investment Design. Entries are chargeable in amount fixed by the managing board of the respective chamber.

(3) (amend. – SG 28/09) In order to enter the design bureaux in the respective register the designers under para 1 shall submit an application to the management council of the respective chamber. In the application shall be provided information about the designers with limited designer capacity who work there and their training practice, the address and other data concerning the design bureau, according to a model, approved by the management council of the respective chamber.

(4) (revoked – SG 28/09)

Art. 9. (amend. - SG 79/06; amend. – SG 28/09) (1) The architects, landscape architects, urbanists and engineers, who have full designer capacity, shall be members in the Chamber of Architects in Bulgaria.

(2) Engineers with full designer’s capacity shall be members of the Chamber of Engineers in the Investment Design.

(3) The persons referred to in para 1 and 2 who have restricted designer capacity, shall be subject to annual registration at the respective chamber. Their membership in the chambers shall be voluntary.

Art. 10. (amend. - SG 13/08, in force from 08.02.2008; amend. – SG 28/09; amend. – SG 83/13) The right to exercise the professions "architect", "landscape architect", "urbanist" and "engineer" in the sphere of spatial planning and investment designing in the Republic of Bulgaria shall have foreigners and citizens of Member States of the European Union, or of other states – parties to the European Economic Area Agreement or of the Swiss Confederation, to which a vocational qualification has been recognized under the order of the Recognition of Professional Qualifications Act.

Art. 11. (amend. SG 77/05; amend. - SG 13/08, in force from 08.02.2008; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 83/13; amend. – SG 98/14, in force from 28.11.2014; amend. – SG 27/16) For the purposes of recognition of the vocational qualification of foreigners and citizens of Member States of the European Union, or of other states – parties to the European Economic Area Agreement or of the Swiss Confederation the relevant recognition authority shall determine conditions and order of conducting the adaptation training and the legal capacity test and for their assessment.

Art. 12. (amend. - SG 79/06) (1) For entering in the registers under art. 6, items 1 and 3 the candidates shall submit application according to a model, approved by the management council of respective chamber. The application shall be submitted through the regional association, which shall send it along with the enclosed documents to the management council chamber in 7-days term.

(2) To the application of para 1 shall be attached:

  1. a copy of identification document;
  2. a copy of diploma for graduated higher education;
  3. proofs of practice in the speciality, if such is required for acquiring the respective capacity, according to a model, approved by the management council of respective chamber;
  4. certificate of conviction;
  5. (new – SG 28/09) document for paid fee for registration and granting a certificate of designer’s capacity as well as a personal seal, this fee being specified by the managing board of the respective chamber.

Art. 13. (amend. - SG 79/06) (1) (amend. – SG 28/09; amend. – SG 15/10, in force from 23.02.2010) The management council shall examine whether the conditions for acquiring designer capacity are present and shall pronounce a decision in three months term from the submission of the application. In case of refusal the decision shall be motivated.

(2) The decision shall be entered in the respective register of the chamber and shall be announced to the candidate.

(3) (amend. – SG 15/10, in force from 23.02.2010) The decision of the management council may be appealed by the candidate before the control council in 14-days term from receiving the notice by the procedure of the Administrative procedure code.

Art. 14. (amend. - SG 79/06) (1) A designer, entered in the respective register shall receive a certificate for acquired designer capacity and a personal seal.

(2) The designer capacity shall be changed:

  1. upon occurrence of circumstances, which have lead to amendments in the terms for its acquisition;
  2. upon request of the designer, if the grounds provided for in the law are present.

(3) The change shall be indicated by entry in the respective register after the management council of the respective chamber has ascertained the circumstances under para 2.

(4) The designer shall be removed from the register of the respective chamber:

  1. upon his/her request;
  2. upon presence or occurrence of a circumstance, which constitutes a hindrance to fulfilment of the requirements under art. 7 for providing designer’s services;
  3. in the event of deprivation of designer capacity;
  4. in case of placing under judicial disability;
  5. in case of death.

(5) The decision for removal under para 4, items 2 and 3 may be appealed by the designer before the control council in 14-days term from receiving the notification by the procedure of the Administrative Procedure Code.

Art. 14. (new - SG 83/13) In the case of temporary or one-time provision of services in the field of architecture and investment design by nationals established in another Member State of the European Union or another country - party to the European Economic Area Agreement or of the Swiss Confederation, shall apply Part Two of the Recognition of Professional Qualifications Act and the provisions of the Act on the Activities Related to Provision of Services.

Chapter four. BODIES AND MANAGEMENT OF THE CHAMBERS

Section I. National bodies

Art. 15. (amend. - SG 79/06) The bodies of the Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design at national level shall be general meeting, management council, control council and commission for disciplinary procedures.

Art. 16. (suppl. - SG 79/06) The Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design shall be represented by the chairmen of their management councils, and in case the latter are absent – by deputy chairman, appointed by them.

Art. 17. (1) The general meeting of the respective chamber shall be regular or extraordinary.

(2) Regular general meeting shall be summoned every year.

(3) Extraordinary general meeting can be summoned on decision by the management council or on request by at least one tenth of the members of the chamber.

Art. 18. (1) The order for summoning and the rules for work and for taking of decisions by the general meeting shall be determined in the statutes of the respective chambers.

(2) Delegates of the general meeting shall be determined under conditions and by order, determined in the statutes of the respective chambers.

Art. 19. (1) The general meeting shall be regular if two thirds of the delegates are present. At lack of quorum the general meeting shall be postponed with one hour, after which it shall be conducted and considered as regular regardless of the number of the present delegates.

(2) (amend. - SG 79/06) The decisions of the general meeting shall be taken with simple majority – more than half of the voted. The members of the management council, of the control council and of the commission for disciplinary procedures shall be elected with secret voting.

Art. 20. (1) The general meeting of the respective chamber shall:

  1. approve, change and supplement its statutes;
  2. (amend. - SG 79/06) approve, change and supplement the professional code;
  3. (amend. - SG 79/06) elect and discharge the chairmen and the members of the management council, of the control council and of the commission for disciplinary procedures;
  4. (amend. - SG 79/06) approve the accounts of the management council, of the control council and of the commission for disciplinary procedures;
  5. (amend. - SG 79/06) approve, change and supplement methods for assessment of the amount of the remunerations for providing designer’s services, which shall be promulgated in State Gazette;
  6. (revoked - SG 79/06);
  7. (amend. - SG 79/06) determine the amount of the initial and annual instalments, as well as the budgets of the regional associations;
  8. approve the budget of the chamber;
  9. (new - SG 79/06) adopt decisions for disposition of real estate – ownership of the respective chamber.

(2) The decisions of the general meeting of para 1, items 1 and 2 shall be taken with qualified majority of two thirds of the votes.

Art. 21. (1) (amend. - SG 79/06) The management council of the respective chamber shall consist of chairman, 10 members and the chairmen of the regional associations of the respective chamber.

(2) (suppl. - SG 79/06) As members of the management council can be elected for not more than two consecutive mandates members of the respective chamber, who have full design capacity and at least 10 years of service as a designer.

(3) The management council shall be elected for a term of 4 years.

(4) (amend. - SG 79/06) May not be elected as members of the management council persons:

  1. who are members of the control council or of the commission for disciplinary procedures;
  2. to whom are imposed penalties under art. 36, para 1, item 3 or 4 for the term of the punishment;
  3. who are convicted by an enacted sentence, with which is imposed imprisonment for intentional crime;
  4. who are related persons within the meaning of the Commercial law;
  5. who are national representatives, ministers or members of political offices of ministers.

(5) (new - SG 79/06) The mandate of a member of the management council shall be terminated ahead of time upon:

  1. submitting resignation;
  2. lasting factual impossibility to fulfil his/her obligations for more than six months or in case of death;
  3. systematic non-fulfilment of the official duties, as well as in case of carrying out actions damaging the prestige of the profession;
  4. termination ahead of time of the person’s mandate as a chairman of regional association;
  5. occurrence of some of the circumstances under para 4.

(6) (prev. text of para 5, amend. - SG 79/06) The order for summoning the sessions of the management council and for taking decisions shall be determined in the statutes of the respective chambers.

Art. 22. The management council of the respective chamber shall:

  1. summon general meeting of the chamber;
  2. manage the property of the chamber;
  3. (amend. - SG 79/06) create and maintain the registers of art. 6, items 1, 2 and 3;
  4. implement other functions, assigned to it with the statute of the respective chamber.

Art. 23. (1) (amend. - SG 79/06) The control council shall be comprised by a chairman and six members.

(2) The control council shall be elected by the general meeting of the respective chamber.

(3) (amend. - SG 79/06) As members of the control council can be elected members of the respective chamber, who meet the requirements of art. 21, para 2.

(4) (new - SG 79/06) May not be elected as members of the control council persons:

  1. who are members of the management council of the or of the commission for disciplinary procedures;
  2. to whom are imposed penalties under art. 36, para 1, item 3 or 4 - for the term of the punishment;
  3. who are convicted by an enacted sentence, with which is imposed imprisonment for intentional crime;
  4. who are related persons within the meaning of the Commercial law;
  5. who are national representatives, ministers or members of political offices of ministers.

(5) (new - SG 79/06) The mandate of a member of the control council shall be terminated ahead of time upon:

  1. submitting resignation;
  2. lasting factual impossibility to fulfil his/her obligations for more than six months or in case of death;
  3. systematic non-fulfilment of the official duties, as well as in case of carrying out actions damaging the prestige of the profession;
  4. occurrence of some of the circumstances under para 4.

Art. 24. (1) The control council shall:

  1. (suppl. - SG 79/06) follow the lawfulness of the decisions of the management council, of the commission for disciplinary procedures and the regional management councils, for their fulfilment and their compliance with the statutes;
  2. follow the lawful and the expedient spending of the resources of the respective chamber;
  3. present to the general meeting account of its activity and propose to the general meeting discharging from responsibility of the members of the management council, if it accepts there are conditions for this;
  4. solve other important issues, pointed out explicitly in the statutes of the respective chamber.

Art. 25. (1) (amend. and suppl. - SG 79/06) The commission for disciplinary procedures shall consist of chairman and six members, who are elected by the general meeting of the respective chamber – for a period of three years.

(2) (amend. - SG 79/06) As members of the commission for disciplinary procedures can be elected members of the respective chamber, who meet the conditions of art. 21, para 2.

(3) (new - SG 79/06) May not be elected as members of the commission for disciplinary procedures persons:

  1. who are members of the management council or of the control council;
  2. to whom are imposed penalties under art. 36, para 1, item 3 or 4 for the term of the punishment;
  3. who are convicted by an enacted sentence, with which is imposed imprisonment for intentional crime;
  4. who are related persons within the meaning of the Commercial law;
  5. who are national representatives, ministers or members of political offices of ministers.

(4) (new - SG 79/06) The mandate of a member of the commission for disciplinary procedures shall be terminated ahead of time upon:

  1. submitting resignation;
  2. lasting factual impossibility to fulfil his/her obligations for more than six months or in case of death;
  3. systematic non-fulfilment of the official duties, as well as in case of carrying out actions damaging the prestige of the profession;
  4. occurrence of some of the circumstances under para 3.

Art. 26. (1) (revoked - SG 79/06)

(2) (amend. - SG 79/06) The commission for disciplinary procedures shall:

  1. (amend. - SG 79/06) see to the observing of the professional code;
  2. (amend. - SG 79/06) ascertain the violations and make proposals to the management council for imposing penalties under this law;
  3. (amend. - SG 79/06) consider appeals of third interested persons about breaches, connected with the observing of the professional code;
  4. (revoked - SG 79/06)

(3) (new - SG 79/06) The chairman of the commission for disciplinary procedures may attend the sessions of the management council with right to advisory vote.

Section II. Regional associations (Title amend. - SG 79/06)

Art. 27. (1) (amend. - SG 79/06) Regional associations of the Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design shall be established on the territory of one or more regions under conditions and following a procedure, established by the statutes of the respective chamber. Members of the regional associations shall be designers, who have registered design bureaux or carry out their activity on their own territory.

(2) (new – SG 28/09) In the statutes of the respective chamber shall be specified minimal and maximum number of members required for establishment of regional association on the territory of one district. If the number of members is below the minimum set limit, the regional association shall be established on the territory of two or more neighbouring districts. If the number of members exceeds the maximum set limit, in the territory of one district may be established more than one regional associations.

(3) (amend. - SG 79/06; prev. text of para 2 – SG 28/09) The regional associations of the Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design shall not be corporate bodies.

(4) (amend. - SG 79/06; prev. text of para 3 – SG 28/09) The structure, the mandate, the functions, the authorities and the budgets of the regional associations shall be provided in the statutes of the respective chamber.

Chapter five. BUDGET

Art. 28. (1) The budget of the chambers shall be determined for one year.

(2) The incomes of the chambers shall be formed from

  1. one time entrance payments;
  2. annual payments;
  3. (new – SG 28/09) fees for entry in the registers referred to in Art. 6, items 1, 2 and 3 for issue of certificate of designer’s capacity and a personal seal;
  4. (prev. text of item 3 – SG 28/09) prices for services, carried out by the chambers, which are determined by their management councils;
  5. (prev. text of item 4 – SG 28/09) donations, aid and other income;
  6. (new - SG 79/06; prev. text of item 5 – SG 28/09) fees, collected under this law.

Chapter six. REMUNERATION

Art. 29. (amend. - SG 79/06) (1) (suppl. – SG 28/09) The architects, landscape architects, urbanists and the engineers – registered in the respective chamber, shall receive remuneration for providing designer’s services, determined in a written contract with the assignor of designer’s service, on the basis of free negotiation.

(2) The negotiated remuneration under para 1 cannot be lower than the prime cost of the designer’s service carried out, except for projects for pray homes and for underprivileged persons.

(3) (suppl. – SG 28/09; amend. – SG 82/12, in force from 26.11.2012) The contracts for working out development plans and for investment designs of objects from first to fourth category under art. 137, item 1 – 4 from the Spatial Planning Act shall be registered in the respective chamber within one month from their signing. The registers shall contain information for the name and the location of the object, technical parameters and data for the assigner and the contractor.

Art. 30. (suppl. - SG 79/06; amend. – SG 59/07, in force from 01.03.2008; amend. – SG 28/09) For the receivables, ensuing from unpaid remuneration under registered contracts, the designers may require issuing of an order for execution under Art. 410, par. 1 of the Civil Procedure Code, irrespective of their amount.

Chapter seven. DISCIPLINARY OFFENCES AND PENALTIES. DISCIPLINARY PROCEDURES

Art. 31. (amend. - SG 79/06) For the admitted breaches the persons, entered in the registers under art. 6, item 1, 2 and 3 of the Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design, shall bear disciplinary responsibility by the order of this law.

Art. 32. (amend. - SG 79/06) Disciplinary breach shall be the guilty non fulfilment of the obligations under this Act and, the statutes of the respective chamber and the professional code, the decisions of the management council and the general assembly, as well as:

  1. providing designer’s services at prices, lower than their prime cost;
  2. omissions, which have caused infringement of the rights and the lawful interests of the client;
  3. systematic negligence or incompetence at fulfilment of the professional duties;
  4. concealment of important circumstances at the registration as a designer;
  5. systematic non fulfilment of the obligations as a chairman or a member of management, control or disciplinary body.

Art. 33. (1) Disciplinary procedure shall be formed on complaint by citizens or corporate bodies, on signals from state and municipal bodies and organisations and in connection with facts, presented in the mass media, only if there is lawful grounds by the order of this Act and upon existence of proving material about established breaches of art. 32.

(2) Anonymous signals cannot be lawful grounds for forming of procedures.

(3) The disciplinary procedure shall be formed not later than two months after the finding of the breach and not later than one year after committing it.

Art. 34. (1) (revoked - SG 79/06).

(2) (amend. - SG 79/06) After establishing of disciplinary breach the commission for disciplinary procedures shall be obliged to notify the respective member of the chamber, who can give explanations in 14 days term after the notification.

(3) (new - SG 79/06; amend. – SG 28/09) The commission for disciplinary procedures shall pronounce a decision in one-month term from instituting the proceedings and shall send it along with the file to the management council in seven days term.

Art. 35. (1) (amend. – SG 28/09) Within three months the managing board shall come up with a decision, adopted by a majority of more than half of its members, the decision being announced by the chairperson.

(2) A member of the managing board who does not agree with the decision shall sign it with reservations whixh shall be attached thereto.

(3) The legal findings of the decision and the ones of the reservations shall be worked out and announced along with the decision.

(4) The decision under para 1 shall be subject of appeal according to the Administrative Procedure Code..

(5) The imposed disciplinary breaches shall be noted in the personal file of the respective member of the chamber after the decision as per para 1 becomes effective.

Art. 36. (1) For admitted breaches of art. 32 to the members of the respective chamber shall be imposed the following penalties:

  1. reprimand;
  2. (new - SG 79/06; suppl. – SG 28/09) fine amounting up to 2000 BGN, and in case of repeated offence – from 500 to 5000 BGN;
  3. (prev. text of item 2, amend. - SG 79/06) deprivation from the right of participation in the bodies of the respective chamber for a term of 5 years;
  4. (prev. text of item 2, amend. - SG 79/06; suppl. – SG 28/09) deprivation from full designer capacity for a period of up to one year, and in case of repeated offence – for a period of up to three years.

(2) (revoked - SG 79/06).

(3) (amend. - SG 79/06) The disciplinary penalties shall be imposed, taking into account the form of the guilt, the interests offended, the reasons and the conditions, which have lead to committing the violence, as well as other attenuating or aggravating circumstances.

(4) (amend. - SG 30/06, in force from 12.07.2006; revoked - SG 79/06; new – SG 28/09) Enforcement of the decision with which is imposed fine as disciplinary penalty shall be admitted upon request by the respective chamber pursuant to Art. 418 of the Code of Civil Procedure.

Additional provisions

  • 1. In the context of this law:
  1. (amend. and suppl. - SG 79/06; suppl. – SG 28/09; amend. – SG 82/12, in force from 26.11.2012) "Designer" is individual, having diploma from accredited higher school with professional qualification "architect", "landscape architect", "urbanist", "construction engineer" or "engineer" with education – qualification degree "bachelor" or "master", entered in the respective register of the Chamber of Architects in Bulgaria, respectively of the Chamber of Engineers in the Investment Design, as well as a person with recognised designer capacity under the terms of art. 10 and 11, who has right to work out concepts and schemes for spatial development plans as well as investment projects in conformity with the capacity acquired.
  2. (revoked - SG 79/06);
  3. "Certificate for practice in the speciality" is a document, with which is certified the practice in the speciality, to which shall be attached certified copies of employment contracts, civil contracts, references and declaration.
  4. "Foreign person" is an individual with permanent residence abroad.
  5. (new - SG 79/06) "Unfair practice" is provision of designer’s services by a person without the qualification required or without professional capacity, at a price, lower than the prime cost of the service, or in a way, which harms or may harm the interests of the competitors and the consumers.
  6. (new - SG 79/06) "Design company" is a partnership under art. 357 – 364 of the Obligations and Contracts Act between designers, carrying out freelance practice or registered as traders, who unite their activity on the grounds of a contract, registered in the respective chamber.
  7. (new - SG 79/06) "Freelance practice" is carrying out activity by a designer, entered in the register under art. 3, para 1, item 9 of the Register BULSTAT Act.
  8. (new – SG 28/09) "Design bureau" is the place where a designer sees clients and carries out his/her designer’s activity. "Design bureau" or the abbreviation "DB" may only be used for companies of designers with full designer’s capacity, registered as a sole trader, or for trade companies in which a designer or designers with full designer’s capacity own more than 50 percent of the company’s capital.
  9. (new – SG 28/09) "Repeated" is a disciplinary offence committed in two years term from the entry in force of the decision with which the disciplinary penalty is imposed for offence of the same kind.
  • 1a. (new – SG 28/09) The persons with diplomas with professional qualification "gardening engineer" shall have the same rights as landscape architects and shall be members of the Chamber of Architects in Bulgaria.

 

Transitional and concluding provisions

  • 2. (1) The conditions and the order for summoning and conducting of the national constituent assemblies of the Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design, as well as of the regional meetings for election of delegates for the national constituent assemblies shall be determined with an order by the Minister of Regional Development and Public Works, which shall be promulgated in State Gazette in one month term after this Act enters into force The Minister of Regional Development and Public Works can assign his functions under this Act to his deputies and to other officials in the system of the Ministry of Regional Development and Public Works.

(2) Participants in the regional meetings for election of delegates of the national constituent assemblies of the Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design can be all persons, who meet the conditions of § 13, para 1 of the transitional provisions of the Spatial Planning Act and in two months term after this Act enters into force submit application for participation in the regional meetings.

(3) The persons of para 2 shall be with permanent address on the territory of the respective region shall submit applications to the regional governors, accompanied with copy of the identification document and of the diploma for graduated higher education.

(4) In two months term after the elapse of the term of para 1 the regional governors shall organise, set the time and conduct the regional meetings for election of delegates for the national constituent assemblies of the Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design.

(5) The regional meetings shall elect delegates for the national constituent assemblies of the Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design with rate of representation one representative for each 5 submitted applications for the Chamber of Architects in Bulgaria and for each 15 – for the Chamber of Engineers in the Investment Design.

(6) In 14 days term after the conducting of the regional meetings for election of delegates the regional governors shall send the records with the results to the Minister of Regional Development and Public Works.

  • 3. (1) In one month term after the elapse of the term of § 2, para 6 the Minister of Regional Development and Public Works shall appoint temporary commissions for preparation of the draft statutes of the Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design and fix the dates for conducting f the national constituent assemblies. The members of the temporary commissions must meet the requirements of art. 21, para 4.

(2) The order of the Minister of Regional Development and Public Works of para 1 shall be promulgated in State Gazette not later than 30 days before the dates for conducting of each of the national constituent assemblies.

(3) The national constituent assemblies shall be chaired by the oldest delegate.

(4) The national constituent assemblies shall approve the statutes of the Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design and elect their management bodies under the conditions and by the order, provided in this law.

  • 4. Individuals with restricted design capacity, who till this Act enters into force have won competition for working out of development schemes, plans or investment projects for constructions of art. 166, para 5 of the Spatial Planning Act, shall have copyright on them and can work out the respective plans and designs in following phase only by the order of art. 7, para 2.

 

  • 5. Full design capacity shall be required from individuals, who exercise technical control of the constructive part of the investment designs, on the basis of which permission for construction is issued.

 

  • 6. In the Spatial Planning Act (prom. SG 1/01; amend. SG 41, 111/01, SG 43/02) the following amendments and supplements shall be made:
  1. In art. 139, para 4 second sentence shall be created:

"The conditions and the order for authorising and registration of the persons, exercising technical control over the constructive part of the investment projects shall be determined by the general meeting of the Chamber of the engineers in the investment designing."

  1. In art. 166, para 1:
  2. a) in item 1 the words "are registered in the professional organisations, created with the Act of art. 230, para 1" shall be substituted by "meet the requirements of art. 167, para 1 and have technical competence in the sense of art. 229, para 1";
  3. b) in item 2 the words "registered in the professional organisations, created with the law under art. 230, para 1" shall be substituted by "who must meet the requirements of art. 167, para 3 and have technical competence in the sense of art. 229, para 1."
  4. In art. 167:
  5. a) in para 2, item 4 shall be changed to:

"4. documents, certifying the technical competence of art. 229, para 1, the professional qualification and the working practice;";

  1. b) in para, 4 item 2 shall be changed to:

"2. documents, certifying the technical competence of art. 229, para 1, the professional qualification and the working practice;".

  1. In art. 230 para 1 and 2 shall be changed to:

"(1) Development schemes and plans and investment designs shall be worked out only by designers - individuals who apart from the technical competence under art. 229, para 1 have also designer's competence. The conditions and the order for recognising of full designer's competence shall be determined by a law.

(2) (amend. SG 20/03) With the law under para 1 shall be determined the admissible activities, which can be implemented by the persons with education – qualification degree "bachelor", having restricted technical competence.";

  1. b) In para, 3 first sentence shall be changed to:

" The civil and the other servants at the territorial administrations, who have restricted designer’s competence, shall have right out of the working time to work out designs of development schemes and plans and investment designs, as well as to exercise technical control for territories, for which the employees are not bodies with expert, co-ordination, approving, permitting, controlling or other authorities by the order of this law."

  1. In § 13 of the transitional provisions:
  2. a) in para 1 the word "special" shall be substituted by "full";
  3. b) para 3 shall be revoked.

-------------------------

The Act was passed by the 39th National Assembly on February 17, 2003 and is affixed with the official seal of the National Assembly.

 

Transitional and concluding provisions TO THE ADMINISTRATIVE PROCEDURE CODE

 

(PROM. – SG 30/06, IN FORCE FROM 12.07.2006)

 

  • 67. In the Chambers of Architects and Engineers in Investment Design Act (prom. – SG 20/03; amend. – SG 65/03, 77/05) the words "the Administrative Procedure Act" shall be replaced by "Administrative Procedure Code".

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 142. The code shall enter into force three months after its promulgation in State Gazette, with the exception of:
  1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the replacement of the word "the regional" with the "administrative" and the replacement of the word "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force from the 1st of May 2007;
  2. paragraph 120, which shall enter into force from the 1st of January 2007;
  3. paragraph 3, which shall enter into force from the day of the promulgation of the code in State Gazette.

 

Transitional and concluding provisions TO ACT AMENDING AND SUPPLEMENTING THE CHAMBERS OF ARCHITECTS AND ENGINEERS IN INVESTMENT DESIGN ACT

(PROM. – SG 79/06)

  • 33. The Council of Ministers and the regional governors shall provide, following the procedure, established by the State Property Act, to the Chamber of the architects and the Chamber of the engineers in the investment designing and to their regional associations premises – state property, necessary for implementation of their activity.

____________________________________________

 

  • 36. The Chamber of the architects and the Chamber of the engineers in the investment designing shall bring their statutes in conformity with this Act till the 1st of January 2007.
  • 37. Paragraph 8 shall enter into force from the date of entry into effect of the Treaty concerning the accession of the Republic of Bulgaria to the European Union.

Transitional and concluding provisions TO THE CIVIL PROCEDURE CODE

(PROM. – SG 59/07, IN FORCE FROM 01.03.2008)

  • 61. This code shall enter into force from 1 March 2008, except for:
  1. Part Seven "Special rules related to proceedings on civil cases subject to application of European Union legislation";
  2. paragraph 2, par. 4;
  3. paragraph 3 related to revoking of Chapter Thirty Two "a" "Special rules for recognition and admission of fulfillment of decisions of foreign courts and of other foreign bodies" with Art. 307a – 307e and Part Seven "Proceedings for returning a child or exercising the right of personal relations" with Art. 502 – 507;
  4. paragraph 4, par. 2;
  5. paragraph 24;
  6. paragraph 60,

which shall enter into force three days after the promulgation of the Code in the State Gazette.

Transitional and concluding provisions TO THE RECOGNITION OF PROFESSIONSL QUALIFICATIONS ACT

 

(PROM. - SG 13/08, IN FORCE FROM 08.02.2008)

 

  • 16. This Act shall enter into force from the day of its promulgation in the State Gazette.

 

Transitional and concluding provisions TO ACT AMENDING AND SUPPLEMENTING THE CHAMBERS OF ARCHITECTS AND ENGINEERS IN INVESTMENT DESIGN ACT (PROM. – SG 28/09)

 

  • 18. (1) Persons who have diplomas with professional qualification "gardening engineer" and "landscape architect" shall retain their designer capacity, acquired prior to the entry into force of this Law.

(2) By 31st December 2009 the persons referred to in para 1 shall submit an application for entry in the respective registers of the Chamber of Architects in Bulgaria and for granting a certificate of designer’s capacity and a personal seal.

 

  • 19. The Chamber of Architects in Bulgaria and the Chamber of Engineers in the Investment Design shall their statutes in compliance with the provisions of this Act within one year from its entry into force.

 

Transitional and concluding provisions TO THE ACT ON THE ACTIVITIES RELATED TO PROVISION OF SERVICES

 

(PROM. – SG 15/10, IN FORCE FROM 23.02.2010)

 

  • 13. This Act shall enter into force from the day of its promulgation in the State Gazette.

 

Transitional and concluding provisions TO THE ACT AMENDING AND SUPPLEMENTING THE SPATIAL PLANNING ACT

 

(PROM. – SG 66/13, IN FORCE FROM 26.07.2013)

 

  • 117. The Act shall enter into force from the day of its promulgation in State Gazette.

 

Transitional and concluding provisions TO THE SPATIAL DEVELOPMENT ACT

 

(PROM. – SG 98/14, IN FORCE FROM 28.11.2014)

 

  • 117. The Act shall enter into force from the date of its promulgation in the State Gazette.

 

 

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National Recovery and Resilience Plan
National Recovery and Resilience Plan