State property act

Prom. SG. 44/21 May 1996, amend. SG. 104/6 Dec 1996, amend. SG. 55/11 Jul 1997, suppl. SG. 61/31 Jul 1997, amend. SG. 117/10 Dec 1997, suppl. SG. 93/11 Aug 1998, amend. SG. 124/27 Oct 1998, amend. SG. 67/27 Jul 1999, amend. SG. 12/11 Feb 2000, amend. SG. 26/29 Mar 2000, amend. SG. 57/14 Jul 2000, amend. SG. 1/2 Jan 2001, amend. SG. 38/17 Apr 2001, amend. SG. 45/30 Apr 2002, amend. SG. 63/15 Jul 2003, amend. SG. 24/23 Mar 2004, suppl. SG. 93/19 Oct 2004, amend. SG. 32/12 Apr 2005, amend. SG. 17/24 Feb 2006, amend. SG. 30/11 Apr 2006, amend. SG. 36/2 May 2006, amend. SG. 64/8 Aug 2006, amend. SG. 105/22 Dec 2006, amend. SG. 41/22 May 2007, amend. SG. 59/20 Jul 2007, amend. SG. 92/13 Nov 2007, amend. SG. 113/28 Dec 2007, amend. SG. 52/6 Jun 2008, amend. SG. 54/13 Jun 2008, amend. SG. 10/6 Feb 2009, amend. SG. 17/6 Mar 2009, amend. SG. 19/13 Mar 2009, amend. SG. 33/30 Apr 2009, amend. SG. 41/2 Jun 2009, amend. SG. 18/5 Mar 2010, amend. SG. 87/5 Nov 2010, amend. SG. 19/8 Mar 2011, amend. SG. 47/21 Jun 2011, amend. SG. 45/15 Jun 2012, amend. SG. 82/26 Oct 2012, amend. SG. 99/14 Dec 2012, amend. SG. 27/15 Mar 2013, amend. SG. 65/23 Jul 2013, amend. SG. 66/26 Jul 2013, amend. SG. 109/20 Dec 2013, amend. SG. 40/13 May 2014, amend. SG. 98/28 Nov 2014, amend. and suppl. SG. 105/19 Dec 2014, suppl. SG. 52/10 Jul 2015, suppl. SG. 60/7 Aug 2015, amend. SG. 61/11 Aug 2015, suppl. SG. 81/14 Oct 2016, amend. and suppl. SG. 13/7 Feb 2017

Chapter one. GENERAL PROVISIONS

Art. 1. (amend. – SG, 87/2010) This Act shall provide for the acquisition, management and disposition of estate and movable items – state property, as well as registration of title deeds of real estates – state property, unless a special act stipulates otherwise.

Art. 2. (1) The property of the state shall be public and private.

(2) (amend. SG 32/05; amend. - SG 36/06, in force from 01.07.2006) Public state property are:

1. (suppl – SG, 87/2010) the objects and estates – under Art. 18, para 1 of the Constitution of the Republic of Bulgaria determined by law as exclusive state property;
2. the objects and the properties determined by law or by an act of the Council of Ministers as public state property;
3. the chattels, determined by law or an act of the Council of Ministers a public state property;
4. the properties, conceded to the administrative bodies for fulfilment of their functions;
5. the properties of national importance, designated for satisfaction of public needs, through common use, determined by the Council of Ministers;
6. (new - SG 52/08) regulated land properties assigned to the border control points and the buildings built thereon.

(3) (amend. SG 32/05) Private state property are all other properties and chattels - state property. The fruits and the receipts from the real estate and chattel, public state property, are private property of the state.

(4) (Amend., SG, No 124/1998, amend. - SG 17/06) State property in the context of this Act shall not be considered the real estates and the chattel of the trade companies and the non-profit legal persons, even if the state has been sole owner of the property transferred to them.

Art. 3. State property are the real estate and chattel:

1. (amend. SG 32/05) acquired by force of international agreement or transaction;
2. (Amend., SG, No 124/1998) to non-profit legal persons, registered in the country, upon conclusion of their liquidation, unless a special act or their statutes provide otherwise;
3. (Amend., SG, No 124/1998) representing liquidation quota of the Bulgarian state by the property of legal persons outside the country, which have ceased to exist, unless stipulated otherwise by special acts;
4. (Amend., SG, No 124/1998) included in inheritance for which there are no legatees by law or by will and testament, all legatees or heirs have given up or lost their right to accept them, with the exception of these real estates and chattel which become municipal property following the procedures of an act of Parliament;
5. (new – SG 32/05) acquired by other techniques, provided for in an act of Parliament;

Art. 4. The state shall be responsible for the liabilities of persons, due by the day of the gratuitous acquisition by it of their property and chattel, up to the amount of their value.

Art. 5. (Amend., SG, No 124/1998) (1) (amend. SG 32/05) The state shall certify the occurrence, the change and lapse of their right of ownership of property by an act for state property.

(2) (amend. SG 32/05) The act for state property shall be an official document compiled by an official following a procedure and in a form determined in the Act.

(3) The act for state property shall not have the power of right provision.

Art. 6. (1) (amend. SG 32/05) Real estate and chattels - public state property, which have ceased to have this quality, shall be declared real estate and chattels - private state property by a decision of the Council of Ministers.

(2) (amend. SG 32/05) Properties and chattels - private state property shall be declared as properties and chattels - public state property by a decision of the Council of Ministers.

(3) (new – SG 32/05, amend. and suppl. – SG, 87/2010) The sites and estates – exclusive state property, cannot be announced as private state property.

Art. 7. (amend. SG 32/05) (1) The properties and the chattels – public state property, cannot be subject to administration and be acquired by prescription.

(2) (revoked – SG 36/06, in force from 01.07.2006)

(3) The properties and the chattels - private state property, may be subject to administration and be acquired by prescription. For them shall be applied the provisions of the Ownership Act as far as this Act does not provide otherwise.

(4) (new – SG 17/09) The ownership of properties – public state ownership shall not be subject to restitution.

(5) (new – SG, 87/2010; suppl. – SG 27/13; amend. – SG 40/14) In the cases and under the conditions, determined by an act of Parliament, with decision of the Council of Ministers on estates – exclusive and public state property may be established limited real rights, where this is needed:

1. for building up a national site;
2. for permanent satisfaction of public needs;
3. for building up linear objects of the technical infrastructure not covered in items 1 and 2 - when there is no technically feasible alternative or when another technical solution is apparently economically inexpedient.

(6) (new – SG, 87/2010; amend. – SG 27/13) The limited real rights under para. 5 shall not be established on estates – public state property, related to the national security and defence of the country.

Art. 8. (amend. SG 32/05) (1) (amend. - SG 105/06, suppl. – SG, 87/2010) The acquisition, registration of title deeds, management and disposition with properties outside the country – property of the Bulgarian state, shall be carried out in compliance with the Bulgarian legislation as far as the legislation at the location of the properties does not provide otherwise.

(2) (amend. - SG 105/06) The acquisition of properties out of the country by the Bulgarian state, their conceding for management and the disposing with them shall be implemented by the Council of Ministers.

(3) (new - SG 105/06) The conditions and the order of acquisition, management and disposition of properties outside the country – property of the Bulgarian state, shall be determined by the Regulations on Implementation of the Act.

Art. 9. (amend. SG 32/05) The state shall exercise its rights of ownership in the properties and chattels – state property under the conditions and by the order of this Act, regardless of whether they were acquired by it before or after its enactment.

Art. 10. (Revoked, SG, No 117/1997)

Art. 11. (Revoked, SG, No 117/1997)

Art. 12. (1) The built-up real estates - public state property, shall be obligatorily insured.

(2) (amend. SG 32/05) The budgets of the bodies of the state authority, managing the properties of para 1, shall provide the necessary funds for payment of the insurance instalments.

(3) (new – SG 99/2012, in force from 01.01.2013) ) In the Regulations on Implementation of this Law risk which estates - state public property shall be insured against.

(4) (new – SG 99/2012, in force from 01.01.2013) Self-participation shall not be admitted in the cases of obligatory insurance of the estates against risks as determined under the procedure envisaged in Para 3.

Art. 13. The Minister of Defense and the Minister of the Interior shall determine, by order, the built-up real estates, ceded to the Ministry of Defense and the Ministry of the Interior, which shall be obligatorily insured.

Chapter two. USING AND MANAGEMENT OF THE REAL ESTATES AND CHATTEL - STATE PROPERTY

Art. 14. (1) (amend. SG 32/05) The Ministers and the heads of other departments shall manage the properties and chattels – state property, conceded to them.

(2) (Amend., SG 124/98, amend. SG 32/05) The properties and chattels – state property, shall be used and managed in compliance with their designation, for the needs, for which they are ceded.

(3) (new – SG, 87/2010) Management on sites, real estates and chattels – state property shall include the right of the institutions – legal persons on budgetary support to own , use and maintain them on behalf of the state, on their own account and responsibility.

Art. 15. (amend. SG 32/05) (1) Properties – state property, shall be conceded gratuitously for management to the departments and the municipalities under conditions and by order, determined with the regulation for implementation of the Act.

(2) The Council of Ministers may concede properties - public state property, for management to the departments and the municipalities. Properties- private state property, shall be conceded for management to the departments and the municipalities by the regional governor at the location of the property.

(3) The Ministers and the heads of other departments may concede for management properties – state property, conceded to them by the order of para 2, to their territorial administrative units and to other legal persons at budget maintenance with them. A copy of the order shall be sent to the regional governor.

(4) The requests for conceding properties to the departments shall be directed to a commission, which members are determined by the Council of Ministers and they shall be considered by it in one month term.

(5) If there are appropriate properties the commission shall extend a proposal to the Council of Ministers.

(6) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) Properties - public state property in the context of art. 2, para 2, item 4, may be conceded by the Council of Ministers for management to religions, registered by the order of chapter three of the Religions Act, upon proposal by the Minister of Regional Development and Public Works.

Art. 15a. (new – SG 32/05; revoked – SG 36/06, in force from 01.07.2006)

Art. 16. (Amend., SG, No 124/1998) (1) (amend. SG 32/05; revoked - SG 36/06, in force from 01.07.2006; suppl. - SG 64/06, amend. – SG, 87/2010; amend. - SG 45/12, in force from 01.01.2013) Properties - public state property cannot be used not in accordance with their designation and granted to third persons except in the cases referred to in Para 2, 5 and 6.

(2) (amend. SG 32/05; amend. - SG 36/06, in force from 01.07.2006; amend. – SG 33/09) Separate real estates or parts of real estates - public state property, can be leased by the order of Art. 19, para 1 for a period up to 10 years, on condition that they are used according to their designation and the activities for which they have been ceded for management are not hindered.

(3) (amend. SG 32/05; revoked – SG 36/06, in force from 01.07.2006) The exception under para 2 shall not regard the sites under Art. 4 of the Concessions Act.

(4) (New, SG 12/2000; amend., SG 24/04, suppl. SG 32/05; revoked – SG 36/06, in force from 01.07.2006)

(5) (new - SG 64/06; amend. – SG 33/09) Single person trade companies with state property and state enterprises which pursuant to a law use, manage or exploit objects of public state ownership as well as the persons granted rights on objects of public state ownership by a concession agreement under the Concessions Act or by a public-private partnership contract under the Act on Public – Private Partnership, may let for rent for a term of up to 10 years parts of the objects of public state ownership conceded to them in compliance with the act of granting the objects and on the condition that they are used according to their purpose.

(6) (new - SG 87/2010) Properties or parts thereof – public state property, may be sold or lent for the term of up to 10 days, without auction to international organizations, where this is needed for implementation of obligations, comprising from an international agreement by the Minister, the head of other institution or the district governor to whom the property was provided for management in a procedure, determined by the Rules on implementation of the Act. The lent price shall be determined in compliance with the Rules on implementation of the Act.

(7) (New – SG, 87/2010) The lent real estates – state property, shall not be used apart from their purpose, to be relent and used mutually on agreement with third persons.

(8) (New – SG, 87/2010) In case of violation of the prohibitions under para. 7, the rent agreement shall be terminated.

Art. 16a. (new - SG 36/06, in force from 01.07.2006; revoked - SG 45/12, in force from 01.01.2013)

Art. 17. (Amend., No 55/97, amend. SG 32/05, amend. – SG, 87/2010) (1) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) At violation of the prohibitions of Art. 16, para 1 and 7 or when the need of property – public state property drops out the right to management shall be divested with a decision of the Council of Ministers upon proposal of the Minister of Regional Development and Public Works after an opinion of the Minister or head of the institution, which manages the real estate.

(2) Where the need of an estate – private state property drops out or the estate is used not for its purpose, the right to management shall be deprived of by an order of the regional governor after an opinion of the Minister or the head of the institution, which manages the estate.

(3) In the cases under Art. 15, para. 3 in case of violation of the prohibitions under Art. 16, para.1 and 7 or where the need of an estate 0 state property drops out or is used not for its purpose, the right to management shall be deprived of by an order of the Minister or the head of the institution, which has given the estate for management. A copy of the order shall be sent to the regional governor.

Art. 18. (1) (New, SG, No 124/98, amend. SG 32/05, suppl. - SG 60/15) The properties - state property, which are not ceded for use and management by the established order shall be used and managed by the regional governor at their location. Properties and buildings under Art. 2 para 2, item 6, which are not provided for management to ministers or heads of other departments according to the established procedure in relation to performance of their functions associated with the border control, shall be managed by National Customs Agency.

(2) (New, SG, No 124/98, amend. SG 32/05) The Ministers shall manage the properties and the chattels, acquired by the state at liquidation of the commercial companies, in which they have exercised the rights of ownership of the state.

Art. 19. (amend. SG 32/05) (1) (suppl. - SG 45/12, in force from 01.01.2013) Properties or parts of them - private state property, shall be rented by the Minister, the head of other department or the regional governor, to whom the property has been conceded for management through a tender, under conditions and by an order, determined in the Rules on implementation of the Act, except in the cases under the Act on Public-Private Partnership. On the basis of the results of the tender contract for rent shall be concluded.

(2) (amend. – SG, 87/2010 ; amend. - SG 45/12, in force from 01.01.2013) The states given for management to the state enterprises of Art. 62, para 3 of the Commerce Act shall be let for rent by their heads, after holding a tender, as provided by the Rules on implementation of the Act, unless an Act provides otherwise.

(3) Properties or parts of them - private state property, may be let for rent to non profit legal persons, determined for implementing of socially useful activity, without a tender by the Minister, the head of other department or the regional governor, to whom the property has been conceded for management, under conditions and by order, determined with the Rules on implementation of the Act.

(4) The term for letting for rent of the properties - private state property cannot be longer than 10 years.

(5) Properties or parts of them - private state property, may be let for rent without tender to health, educational and humanitarian activities for social satisfaction of the respective needs of the population by the regional governor or the head of the department by order and at prices, determined by the Council of Ministers.

(6) (new - SG 105/06) Properties or parts thereof – private state property, may be sold or lent without auction for the needs of the diplomatic and consulate missions of other States and the missions of intergovernmental organizations in the Republic of Bulgaria by the Minister, the head of other department or the district governor to whom the property was provided for management.

(7) (repealed – SG, 87/2010)

Art. 19a. (new - SG 13/17) Related persons can not be independent candidates or participants in the same tender procedure for renting state owned properties or parts of properties.

Art. 20. (amend. SG 32/05) (1) The conceding of properties - private state property, for the needs of the political parties, meeting the conditions of the Political Parties Act, shall be implemented by order, determined by the Council of Ministers.

(2) The conceding of properties - private state property, for the needs of the organizations of the trade unions, shall be implemented by order, determined by the Council of Ministers.

Art. 21. (Revoked, SG, No 124/1998).

Art. 22. (amend. SG 32/05, suppl. – SG, 87/2010) The accommodation under rent in state departmental abodes, studios and garages shall be carried out by the Minister, the head of other administrative body or the regional governor, to whom the properties have been conceded for management, by a procedure, determined with the Rules on implementation of the Act.

Art. 23. (revoked – SG 32/05)

Art. 24. (Amend., SG, No 124/1998, amend. – SG, 87/2010) (1) The rental legal relations shall be discontinued under the conditions, provided by the contract and under the procedure of the Obligations and Contracts Act.

(2) The contracts for renting an estate – state property with a political party shall be terminated, unless under the conditions and procedure of para. 1 and where the relevant party discontinues to meet the requirements for conceding a state property, determined by a separate Act.

(3) The contracts for renting a domicile – state property shall be terminated, unless under the conditions and procedure of para. 1 and under the following grounds:

1. because of discontinuing a labour or civil legal relations of a worker or a servant, placed in an institutional domicile;
2. where the tenant or a member of his family acquires a domicile or a house in the country in the same populated place, suitable for permanent residence;

3.where the tenant discontinue to meet the conditions for placement under rent in a domicile – state property, according to the Rules on implementation of the Act.

Art. 25. (1) (Amend., SG, No 124/98, amend. SG 32/05, suppl. – SG, 87/2010) The maintenance and the repairs of the properties - state property, shall be implemented by the departments, to whom they have been conceded and when they have not been conceded for management by the established order – by the regional governors.

(2) (Amend., SG, No 124/198, amend. SG 32/05) The funds necessary for the maintenance and repair of the properties - state property, shall be provided every year in the budget of the respective administrative bodies.

Art. 26. (1) (amend. SG 32/05) The maintenance and the current repair works of the properties - state property, let for rent or for use, shall be implemented by the tenants or the users for their account.

(2) The contract under para 1 can stipulate the general repairs to be carried out for the account of the tenants and users.

Art. 27. (Revoked, SG, No 124/1998)

Art. 28. (1) (Amend., SG, No 124/98, amend. SG 32/05) The chattels - private state property, shall be conceded gratuitously to legal persons at budget maintenance by an order of the respective Minister, head of other administrative body or regional governor.

(2) (suppl. - SG 13/17) The chattel, above the value determined by the Council of Ministers, shall be ceded by the order of para 1, upon the consent of the Minister of Finance or the Deputy Minister authorized by him/her.

(3) (new – SG 32/05) The chattels – state property, shall be conceded gratuitously without the consent of the Minister of Finance between:

1. the primary administrator with budget resources and the other budget administrators with him;
2. administrators with budget credits at one common primary administrator.

Art. 29. (1) The newly acquired state chattel shall be ceded to the respective administrative bodies.

(2) (Amend., SG No 124/1998)The state chattel which is not ceded to administrative bodies shall be managed by the regional governors.

Art. 30. (Amend., SG, No 124/1998) The chattel - private state property, ceded to administrative bodies, can be rented under conditions and by an order determined by the head of the administrative body.

Art. 31. (amend. SG 124/98, amend. SG 32/05; amend. – SG 19/09, in force from 10.04.2009) The properties and the chattels – state property, which are cultural valuables, shall be managed under conditions and by procedure, laid down in a special Act.

Chapter three. COMPULSORY EXPROPRIATION OF REAL ESTATES, PRIVATE PROPERTY, FOR STATE NEEDS

Section I. GENERAL PROVISIONS (new – SG, 87/2010)

Art. 32. (1) (amend., SG 63/03, prev. text of Art. 32 - SG 17/06, amend. – SG, 87/2010) Real estates or parts of them, property of natural or legal persons, may be expropriated compulsory for meeting state needs, for which it is impossible to be met in any other way, upon preliminary and equivalent compensation.

(2) (new - SG 17/06, suppl. – SG, 87/2010) The equivalent cash compensation under par. 1 shall be determined in accordance with the designation of the properties prior to the entry into force of the detailed development plan, respectively, before approval of a detailed development plan, which provides building up of a national site and for which there is an order, entered into force for admitting preliminary implementation, on the basis of the market prices of real estate with similar characteristics, situated close to the expropriated one.

(3) (new - SG 17/06; amend. – SG 105/14) In case the market prices of properties with similar characteristics could not be fixed because of lack of less than two transactions carried out at the respective office for entering, the equivalent cash compensation shall be determined by the order of:

1. the Rules on implementation of the State Property Act – regarding properties in the urbanized territories and development zones;
2. (amend. – SG 61/15) * the ordinance under Art. 36, par. 2 of the Farm Land Ownership and Use Act– regarding farm land;
3. (amend. – SG 19/11, in force from 09.04.2011) the ordinance under Art. 86, par. 2 of the Forestry Act – regarding forest territories.

(4) (new – SG, 87/2010; amend. – SG 105/14) The register judge shall be obliged to issue a certificate and to concede a copy of all registered deals with real estates, located close to the expropriations: purchase-sale, exchange, establishing property rights or transfer of property against an obligation for building, sale through tender by state and private bailiffs, state institutions and municipalities, as well as other payment deals, in which at least one of the parties is a trader. The certificate for availability or lack of deals on sentence first shall be issued within one month term after the request. For the issued certificate, state charge shall not be paid.

Art. 33. (1) (Amend., SG, No 124/1998; revoked, SG 63/03)

(2) (amend. SG 1/01; amend., SG 63/03, amend – SG, 87/2010) Existence of a state need, which cannot be met in another way shall be established by an enacted detailed development plan, providing building of sites for meeting state needs, or by approved detailed development plan, which provides building up of a national site, for which there is an enforced order for admitting preliminary implementation, or in another way, provided by an act of Parliament.

(3) (new, SG 63/03) The expropriation of real estates - private property may be made in full, before the starting of construction, or in stages - before starting the construction of the respective stage.

(4) (new – SG, 87/2010) Real estates, expropriated for state needs shall become public state property.

Art. 34. (amend., SG 63/03) (1) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The interested institution shall extend a motivated request for expropriation to the Minister of Finance and the Minister of Regional Development and Public Works. When it is planned for the site to be constructed in stages the request may be made for the real estates necessary for the respective stage.

(2) The request for expropriation under para 1 shall contain:

1. copy of an enacted detailed development plan;
2. characteristics, type, location, size of the real estates, data for the owners and ownership documents;
3. (amend. - SG 17/06) evaluation of the real estates carried out by a assessor of properties, not earlier than three months from the date of filing the request for expropriation;
4. financial provision of the proposal for expropriation.

(3) (amend. - SG 17/06) The owners and the users of the real estate under para 1 shall be obliged to present ownership documents and to provide free access for making measurements and other technical activities, inasmuch as necessary for preparation of the request. In case of a refusal the access shall be provided by the assistance of the bodies of the Police. The municipal and state bodies shall be obliged to present gratuitously all documents regarding the real estate - subject of the request under para 1.

(4) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Minister of Finance and the Minister of Regional Development and Public Works, upon considering and assessing the request for expropriation may approve or reject it within 14 days. The Minister of finance shall take decision regarding the financial provision for the expropriation and the Minister of Regional Development and Public Works and Public Works - regarding the presence of grounds for expropriation.

Art. 34a. (new, SG 63/03) (1) (amend. – SG, 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The expropriation of real estates and parts of real estates, private property, necessary for the construction of national sites, shall be made by a decision of the Council of Ministers at a proposal of the Minister of Regional Development and Public Works and the Minister of Finance.

(2) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) Beyond the cases of para 1, the expropriation shall be carried out upon an order of the regional governor at a proposal of the Minister of Regional Development and Public Works and the Minister of Finance.

(3) (suppl. – SG, 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 109/13; amend. – SG 98/14, in force from 28.11.2014) In cases under par. 1 and 2 the Minister of regional development, respectively regional governor, shall publish at the expense of the project investor an announcement in two central and one local daily newspaper, by which they shall announce of the commenced alienation procedure and shall send a copy thereof to mayors of municipalities, of the region, of the mayoralty and to mayoralty officers, at the territory of which the properties of parts thereof which are private property subject to alienation are located. Mayors and mayoralty officers shall display the announcement at the designated place in the building of the municipality, of the region, of the mayoralty or the residential place, at the territory of which the properties which are private property subject to alienation are located. The announcement shall be published also on the internet site of the Ministry of regional development and Public Works, of the respective regional administration and of the respective municipality.

(3) (new – SG, 87/2010) The proposal for expropriation under para. 1 shall have attached:

1. a copy of an enforced or approved detailed development plan, which provides building up of a national site and for which there is an enforced order for admitting preliminary implementation;
2. characteristic, type, location, size of the estates, information about the owners and documents for ownership;
3. evaluation of the estates, made by an evaluator of estates, made not earlier than 3 months after the date of submitting the request for expropriation;
4. financial situation of the proposal for expropriation.

(5) (new – SG, 87/2010) While expropriating states under para. 1 estates -municipality property are concerned, they shall be transferred free into property of the state, as provided by the Municipal Property Act.

(6) (new – SG, 87/2010) The provision of Art. 34, para. 3 shall be applied also in expropriation of immovable property for building national sites.

Art. 34b. (new, SG 63/03) (1) The decision of the Council of Ministers under art. 34a, para 1 shall indicate the need of the state for which the real estates are expropriated, the type, the location, the size, the price (the size of the indemnification) and the owners of each of the real estates.

(2) (amend. – SG 109/13) The Decision of the Council of Ministers under Art. 34a, par. 1 shall be communicated to the interested persons following the provision of Art. 61, par. 1 and 2 of the Code of Administrative procedure by the project investor, who shall submit the information of the date of announcement to the Council of Ministers. Project investor shall send a copy of the decision also to the mayors of municipalities, regions, mayorties and to mayoralty officers, at the territory of which the properties and parts thereof which are private property subject to alienation are located. Mayors and mayoralty officers shall display the announcement at the designated places in the building of the municipality, of the region, of the mayoralty or the residential place, at the territory of which the properties which are private property subject to alienation are located. The Decision of the Council of Ministers shall be published also on the internet site of the Council of Ministers, of the respective regional administration and of the respective municipality.

(3) (new – SG 109/13; amend. – SG 105/14) Where the address of any of the interested persons is unknown or the person has not been found at their present and permanent address, the decision of the Council of Ministers under Art. 34a, par. 1 shall be communicated to them by the project investor in compliance with the provision of Art. 61, par. 3 of the Code of Administrative Procedure and also by promulgating it in the State Gazette.

(4) (new – SG 105/14) The circumstance that the interested person has not been found at their present and/or permanent address shall be substantiated by a protocol, signed by two officials from the respective administration and by one neighbour, except for the cases where the service is certified by a notary.

Art. 34c. (new, SG 63/03) (1) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 109/13; amend. – SG 98/14, in force from 28.11.2014) The order of the regional governor under Art. 34a, para 2 shall indicate the need of the state for which the real estates are expropriated, the type, the location, the size, the price (the size of the indemnification) and the owners of each of the real estates, the commercial bank where the indemnification will be deposited and the date after which the payment to the rightful claimants will begin. The order shall be issued within 14 days from receipt of the proposal of the Minister of Regional Development and Public Works and the Minister of Finance.

(2) (amend. – SG, 87/2010; amend. – SG 109/13) The order of the regional governor under Art. 34a, par. 2 shall be communicated to the interested parties following the provision of Art. 61, par. 1 and 2 of the Code of Administrative Procedure. The regional governor shall send a copy of the order also to all mayors of municipalities, regions, mayoralties and to the mayoralty officers, in the territory of which the properties or parts thereof which are public property and subject to alienation are located. Mayors and mayoralty officers shall display the order in the designated places in the building of municipality, of the region, of the mayoralty or the residential place, at the territory of which the properties which are private property subject to alienation are located. The order of the regional governor shall be published also on the internet site of the regional administration and of the respective municipality.

(3) (new – SG 109/13; amend. – SG 105/14) Where the address of any of the interested persons is unknown or the person has not been found at their present and permanent address, the order under Art. 34a, par. 2 shall be communicated to them by the regional governor in compliance with the provision of Art. 61, par. 3 of the Code of Administrative Procedure and also by promulgating it in the State Gazette.

(4) (new – SG 105/14) The circumstance that the interested person has not been found at their present and/or permanent address shall be substantiated by a protocol, signed by two officials from the respective administration and by one neighbour, except for the cases where the service is certified by a notary.

Art. 35. (amend., SG 63/03, amend. – SG, 87/2010) (1) The legal constructions and the other improvements, made by the owner, after enforcing the detailed development plan under the conditions and procedure of Art. 49 of the Spatial Development Act, shall be paid on the smaller value between the value of the made costs and the increased value of the real estate.

(2) (amend. – SG 109/13) The legal constructions and other improvements, made by the owner after communicating the decision under Art. 34a, para. 1, where ground for compulsory expropriation is an approved detailed development plan, which provides construction of a national site, and for which there is an enforced order for admitting preliminary implementation, shall be paid on the smaller value between the value of the made costs and the increases value of the real estate.

Art. 36. (revoked, SG 63/03)

Art. 37. (revoked, SG 63/03)

Art. 38. (Amend., SG, No 124/1998; amend., SG 63/03) (1) (Declared unconstitutional and inconsistent with international treaties to which Bulgaria is a party by a Decision of the Constitutional Court No 6 of 2013 - SG 65/13; amend. – SG 109/13) The decision of the Council of Ministers under Art. 34a, para 1 shall be subject to appeal before a three-member jury of the Supreme Administrative Court within 14 days from its communication.

(2) (amend. - SG 30/06, in force from 12.07.2006, amend. – SG, 87/2010; Declared unconstitutional and inconsistent with international treaties to which Bulgaria is a party by a Decision of the Constitutional Court No 6 of 2013 - SG 65/13; amend. – SG 109/13) The order of the regional governor under Art. 34a, para 2 shall be subject to appeal before the administrative court at the location of the real estate within 14 days from its communication.

(3) (new – SG, 87/2010; Declared unconstitutional by a Decision of the Constitutional Court No 6 of 2013 - SG 65/13) Where the decision of the Council of Ministers under Art. 34a, para. 1 or the order of the regional governor under Art. 34a, para. 2 are appealed only in relation to the money compensation, the claim shall not terminate their implementation. In this case termination of the implementation of the act for expropriation shall not be admitted.

(4) (former para. 3 – SG, 87/2010) Within 7 days from receipt of the complaint the Council of Ministers, respectively the regional governor, shall send the complaint to the court along with a statement on it and all necessary evidence.

(5) (former para. 4 – SG, 87/2010)The court shall subpoena obligatorily the investor of the site for whose construction the real estate is expropriated.

(6) (amend. – SG 59/07, in force from 01.03.2008, former para. 5 – SG, 87/2010; amend. – SG 109/13) Within three days from receipt of the complaint the court shall rule in a closed meeting on the admission of the evidence indicated and presented by the parties, and shall schedule the hearing within 7 days. The rules of Art. 56, para 3 and the term under Art. 199 of the Civil Procedure Code shall not apply in subpoena.

(7) (former para. 6, amend. – SG, 87/2010) The terms under para 6 shall also apply in postponement of the case.

(8) (former para. 7, – SG, 87/2010) The court shall announce its decision within 7 days from the meeting on which the hearing of the case was concluded. The decision of the court shall be final.

(9) (new - SG, 87/2010) the court shall appoint experts - evaluators, who shall meet the requirements of this Act.

Art. 39. (amend., SG 63/03) (1) (amend. – SG, 87/2010; sentence one - declared unconstitutional by a Decision of the Constitutional Court No 6 of 2013 - SG 65/13; amend. – SG 109/13; amend. – SG 105/14) The decision of the Council of Ministers and the order of the regional governor shall enter into force and the property shall be considered alienated:

1. where they are not appealed and the financial compensation, determined by the decision of the Council of Ministers or by the regional governor’s decision shall be transferred to the account of the entitled persons, and where no account is provided – according to the provision of par. 5;
2. in case of appeal, where:
3. a) the compensation is transferred to the account of the entitled persons on the grounds of the court decision under Art. 38, par. 8;
4. b) the objection against the decision of the Council of Ministers, respectively the regional governor order, are rejected and the financial compensation determined in the alienation act is transferred to an account of the entitled persons.

(2) If the expropriated real estate is the only home of the owner the real estate shall be occupied within three months after the payment of the indemnification.

(3) (amend. - SG 30/06, in force from 12.07.2006; amend. – SG 109/13; amend. – SG 105/14) If, within 18 months from the enactment of the order under Art. 34a, para 1 and within 6 months from the decision under Art. 34a, para 2 the owner has not been indemnified upon their request the Supreme administrative court, respectively the administrative court at the place of location of the property, shall revoke the expropriation act.

(4) The indemnification determined by the decision of the Council of Ministers under Art. 34a, para 1, by the order of the regional governor under Art. 34a, para 2, or by the court decision shall be paid by the investor of the site in a commercial bank to an account of the rightful claimants.

(5) (suppl. – SG, 87/2010) The indemnification determined by the decision of the Council of Ministers under Art. 34a, para 1 or by the order of the regional governor under Art. 34a, para 2 shall be paid by the investor if the site in a commercial bank to an account of the regional governor in case of a dispute between several persons on the right to the due sum or on rights on the expropriated real estate, as in this case the bank shall pay the sum to the person having established his rights through a court. The estate shall be considered as expropriated from the date, on which the investor transfers on an account of the regional governor the compensation, determined by the decision under Art. 34a,para 1 or by the order under Art. 34a, para. 2.

(6) (suppl. – SG, 87/2010; amend. – SG 109/13) The investor of the site shall publish an announcement in two central and one local daily newspapers notifying the owners of the real estates in which commercial bank the indemnification has been deposited, as determined by the enforced decision under Art. 34a, para 1, by the enforced order under Art. 34c, para. 2, or by the court decision, as well as about the initial date when the payment shall begin.

(7) (new – SG, 87/2010; revoked – SG 109/13)

Art. 39a. (new - SG 17/06) (1) (suppl. – SG 33/09, amend. – SG, 87/2010; amend. – SG 105/14) When the owner of the property cannot be established or his/her address is unknown, and in case the owner of the estate has not searched within one month term after publication of the notification under Art. 39, para. 6 the compensation, determined to him, or has not produced within the same term documents, evidencing his right to ownership, the property shall be considered to be expropriated from the date on which the investor transfers to account of the regional governor the compensation, determined in the decision or the order under Art. 34a, par. 1.

(2) (amend. – SG, 87/2010) In the cases pursuant to par. 1 the former owner of the expropriated property or his/her legal successors shall prove their right to acquire the fixed compensation before the regional governor, who shall order the bank to pay up the compensation due along with the relevant interest, which the serving bank shall account over the deposited sum for the period of the deposit. In case of an expressed wish on behalf of the rightful claimants, amounts for the compensation up to BGN 1000 may be paid in cash.

Art. 39b. (new – SG 105/14) (1) Upon request of the administrative body and/or the investor, the court, in a closed session within one month and having provided an opportunity to the interested persons to provide their opinion, may allow for preliminary execution of the alienation act, where the investor has transferred the compensation determined by the alienation act and the guarantee determined by the court subject to compliance with the provisions of Art. 391, par. 3 of the Code of civil procedure is presented, where this is required in order to protect particularly important state or public interests. The determination is final. In case of allowed preliminary execution, delivering of the estate over the investor prior to entering of the alienation act into force, where the detailed development plan providing construction of a national project is enforced. Preliminary execution shall not be allowed with regard to a property which is a sole residence. Preliminary execution shall not be allowed, where a significant or hardly repairable damage which cannot be compensated can be caused to the owners thereby. Delivery of the property to the investor shall take place according to the following procedure:

1. delivery of the property to the investor shall be done upon their request by the regional governor or by an official authorized by him/her;
2. prior to the delivery, a protocol shall be drawn up describing the actual condition of the property by a commission, including an authorized representative of the regional governor and of the investor, and where it concerns agricultural lands or wood territories – also a representative of the Ministry of Agriculture and Food; members of the commission shall be also an assessor, registered in the Register of the Chamber of Independent Assessors, depending on the purpose of use of the property; the cost of carrying out property inventory shall be covered by the investor;
3. regional governor shall issue an order appointing the members of the commission and shall specify the type, the location and the number of the property, property owner and the date and the time of completion of property inventory, which shall be communicated to the property owner following the provision of Art. 61 of the Code of Administrative Procedure within 7 days prior to the date when the inventory shall take place;
4. the protocol shall be signed by the members of the commission and by the property owner; should the owner refuse the sign the protocol, this circumstance shall be confirmed by the signatures of two witnesses, and their full name, detailed address and personal ID number shall be indicated therein; in cases under the second sentence the protocol shall be deemed handed over as from the date of its production;
5. where the property owner is duly notified of the carrying out of an inventory but fails to appear, the activities may be carried out and the protocol can be issued in absentia; a copy of the protocol shall be handed over to the owner subject to compliance with the provisions of the Code of Administrative Procedure, where actual observations recorded therein shall be regarded as true and correct unless proven to the contrary.

(2) The guarantee determined by the court, shall be deposited to a regional governor account and shall be used as a guarantee for payment of the increased by the court amount of the compensation under the alienation act, and also for the compensations under par. 4 and 9.

(3) In case of an enforced and allowed preliminary execution, the investor of a national project shall be granted a construction permit. The construction permit shall be granted to the investor of the national project who is an employer within the meaning of the Spatial Development Act.

(4) The investor of the national project shall be liable to pay to the property owners under par. 1 a compensation for lost profit as from the date of delivery of the property over until the enforcement of the alienation decision for the respective property.

(5) Where the property is an agricultural land, the compensation under par. 4 shall include the income, which the property owner would have got from the sale of products, if the land had been farmed, or the lease fee, payable for the leased land.

(6) Where the property is a wood territory the compensation under par. 4 shall include the income which the property owner would have got from the sale of timber in case of a wood cutting and transportation permit issued by the competent authorities under the Forest Act, and from the sale of the items from auxiliary uses, which are regarded as businesses, where there is an issued written permit.

(7) Where the property is a trading, manufacturing or agricultural facility, the compensation under par. 4 shall include the profit which the property owner would have got, determined based on the gained profit from the facility in the preceding year or in the preceding quarter or a month, if this is a new facility.

(8) Where buildings with a purpose of use other than the one described in par. 7, are involved, the compensation shall include the profit or the income which the property owner would have got from its leasing.

(9) The project investor shall be liable to pay a compensation also for the damages caused to the property or for the recovery of the property in the condition as it has been at the time of its taking, in case its alienation does not take place or is withdrawn.

(10) The compensation under par. 4 and 9 shall be payable after the enforcement of the alienation act. The compensations shall be determined by issuing an estimation by the licensed assessor appointed in the commission under par. 1, item 2, and in case of objective impossibility, the regional governor shall replace him/her by another assessor, meeting the requirements of par. 1, item 2. The cost of the assessment shall be covered by the investor.

(11) The regional governor shall issue an order, containing the compensation determined by the investor under par. 10. The compensation shall be paid by the investor within one month after entering of the order into force.

(12) The order under par. 11 shall be communicated to the property order subject to compliance with the provision of Art. 61 of the Code of Administrative Procedure. The property owner can appeal the amount of the compensation within 14 days after the communication of the order subject to compliance with the provisions of the Code of Administrative Procedure.

(13) The court shall consider the appeal under par. 12 and shall pronounce a decision, whereby the proceedings shall be finalized within one month after its filing, The court shall announce their decision within 7 days after the session, in which the consideration of the case has been finalized. The court decision shall be final. Where the court has adjudged a higher amount of the compensation, the investor shall pay to the owner the difference together with the applicable interest thereon within one month after the issuance of the court decision.

(14) The difference under par. 13 together with applicable interest thereon shall be paid by the regional governor from the amount paid as a guarantee referred to in par. 2, and in case it is not sufficient for paying the higher amount, the balance shall be paid by the investor.

Art. 40. (1) (amend., SG 63/03, suppl. – SG, 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) If, within a period of three years, and for construction of a national site – within 5 year term from the expropriation of the real estate, the activities under the detailed development plan has not started or the real estate is not used according to its designation, for which it has been expropriated, or the measure, at the request of the former owner the regional governor shall revoke the expropriation upon reimbursement of the received indemnification. If the real estate has been expropriated by a decision of the Council of Ministers under Art. 34a, para 1 the regional governor shall send the request to the Minister of Regional Development and Public Works who shall propose to the Council of Ministers to revoke in full or partially the decision under Art. 34a, para 1.

(2) (new – SG, 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) If the approved development plan, which provides construction of a national site, is repealed by the court, and the newly enforced development plan does not refer to already expropriated estates, the former owner of the property may apply to the regional governor for repealing of the expropriation. The regional governor shall send the application to the Minister of Regional Development and Public Works, who shall propose to the Council of Ministers to repeal thoroughly or partially the decision under Art. 34a, para. 1. the Council of Ministers shall adopt the decision under Art. 34a, para 1 after returning the received compensation.

(3) (former para. 2, amend. – SG, 87/2010) In the case under para 1 and 2, the state shall owe to the owner compensation for the caused damages.

(4) (amend., SG 63/03, former para. 3 – SG, 87/2010) The state shall have the right to receive the lesser value between the expenses and the increased value of the real estate for improvement made, in the meantime by it, of the real estate.

Art. 41. (1) (amend., SG 63/03) When the real estates are burdened with real rights the following rules shall be observed:

1. the due monetary compensation, in its part up to the amount of the taking, secured by a mortgage, shall be paid to the mortgaged creditor, inasmuch as his takings are not preceded by another of the kind, with payment advantage;
2. in case of another real right burden on the real estate, the due monetary compensation shall be deposited at a commercial bank and it shall serve as security of the respective taking.

(2) (Amend., No 104/1996; revoked, SG 63/03)

(3) The state shall acquire the real estates, expropriated under this Act, without any burdens.

Section II. Compensation for using an estate – private property (new – SG, 87/2010; Declared unconstitutional by a Decision of the Constitutional Court No 6 of 2013 - SG 65/13)

Art. 41a (new – SG, 87/2010; Declared unconstitutional by a Decision of the Constitutional Court No 6 of 2013 - SG 65/13) (1) Where the decision for expropriation has not been enforced, but the development plan, which provides construction of a national site has come into force, there is an issued permission for construction and the compensation, provided by the act has been paid, the investor of the site may come into holding of the estate or parts of the estate, situated outside an urbanized territory, with the exception of the cases, in which an estate is expropriated, which is a single home, and may start construction after payment of a compensation, under the conditions and procedure of this Act.

(2) The investor of the site owes compensation to the owners of the estates under para. 1 from the date of entering into holding the estate to the enforcement of the expropriation decision.

(3) Where the estate is a farm land, the compensation under para. 2 shall include the incomes, which the owner would receive from realization of the production, if the estate is cultivated, or the rent payment, which he would have received from the rented land.

(4) (amend. – SG 19/11, in force from 09.04.2011) Where the estate is a forest territory, the compensation under para. 2 shall include the incomes, which the owner of the estate would have received from the purchase of the wood in case of permission for felling and transportation, issued by the competent bodies under the Forestry Act, and from purchase of the items of the secondary use – economic activity, where a written permission has been issued.

(5) Where the estate is an economic, production or farm site, the compensation under para. 2 shall include the profit, which the owner of the estate would have realized, determined on the basis of the realized profit from the site of the previous year or from the previous quarter or month, if the site is new.

(6) Where buildings are referred which are intended for some purpose, different form the one, indicated in para. 5, the compensation shall include the profit, which the owner of the estate would have made from its renting.

Art. 41b (new – SG, 87/2010; Declared unconstitutional by a Decision of the Constitutional Court No 6 of 2013 - SG 65/13) (1) The introduction of the investor into holding of the estate shall be made upon his request by the regional governor or by an official, authorized by him.

(2) (amend. – SG 19/11, in force from 09.04.2011) Before the introduction, a protocol is made, which shall contain the factual condition of the estate by a commission, which shall include a representative of the regional governor and of the investor, and where farm land is referred or forest territories – also of the Ministry of Agriculture and Food or its structures. The composition of the commission shall include an evaluator, entered into the register of the Chamber of the independent evaluators, depending of the purpose of the estate.

(3) The regional governor shall issue an order, which shall determine the composition of the commission, and shall indicate the type, place and number of the estate, the owner of the estate and the date and time of the description of the estate.

(4) The order shall be delivered to the estate owner, as provided by the Administrative Procedure Code, not later than 7 days before the date, on which the description is to be made.

(5) The protocol shall be signed by the commission members and by the owner of the estate. In case the owner refuses to sign the protocol, this fact shall be certified by the signatures of two witnesses, whose full names, address and their single identity number shall be entered into the protocol. In the cases under sentence two, the protocol shall be considered as delivered from the date of its composition.

(6) Where the estate owner has been duly notified about making the description and he fails to appear, the acts shall be proceeded and the protocol shall be made in his absence. A copy of the protocol shall be delivered to the owner, as provided by the Administrative Procedure Code.

(7) The factual findings, reflected in the protocol shall be accepted as true until otherwise proved.

Art. 41c (new – SG, 87/2010; Declared unconstitutional by a Decision of the Constitutional Court No 6 of 2013 - SG 65/13) (1) The owner of the property shall be obliged within 14 day term after delivery of the protocol under Art. 41b, para. 5 and 6 to produce before the regional governor all the written evidence, which he has and which refer to the amount of determining the owed compensation under Art. 41a, para. 2.

(2) In case the owner is not in the country or it is impossible to be found, the evidence on the circumstances, referable to the amount of determination of the owed compensation under Art. 41a, para. 2 shall be collected as provided by the Civil Procedure Code, Chapter 14, Section VII, "Provision of Evidence".

(3) The owed compensation shall be determined on the basis of the findings, made in the protocol, and the remaining written evidences by the evaluator, who has participated in the commission, where in case of an objective impossibility to participate he/she shall be replaced by the regional governor with another evaluator, who meets the conditions under Art. 41b, para. 2.

(4) In the cases under Art. 41a, para. 3 and 4 the amount of the compensation shall be determined for one year and shall be owed every year until the decision for expropriation comes into force.

(5) In the cases under Art. 41a, para. 5 and 6 the amount of the compensation shall be determined for 1 month and shall be owed every month until the decision for expropriation comes into force.

(6) The amount of the compensation under para. 4 and 5 shall be determined within one month term after expiry the term under para. 1.

(7) The compensation under para. 4 shall be paid every year till 10 of February and under para. 5, every month until the 10th day of the month.

Art. 41d (new – SG, 87/2010; Declared unconstitutional by a Decision of the Constitutional Court No 6 of 2013 - SG 65/13) (1) The regional governor shall issue an order, which shall determine the amount of the compensation, as provided by Art. 41c, para. 3 and hall indicate the type, place and owner of the property.

(2) The order shall be delivered to the owner of the property and to the investor of the site, as provided by the Administrative Procedure Code.

(3) The determined in the order compensation for the first year, respectfully - for the first month shall be paid by the investor of the site with 14day term after delivery of the order.

(4) After paying the compensation under para. 3, the investor of the site shall be introduced into holding by the regional governor at the location of the estate. The regional governor shall appoint a day and time for the introduction into holding and shall notify the owner and investor of the site. The protocol for the introduction into holding shall be drawn out at place by the regional governor. In case the owner fails to leave the property willingly, he shall be removed compulsively.

(5) The investor shall be introduced into holding of the property when the estate is in holding of a third person.

(6) The owner of the property may claim the amount of the compensation before the relevant Administrative Court within 14day term after delivery of the order. The claiming shall not interrupt the implementation of the order.

(7) Within 7-day term after receiving the claim, the regional governor shall submit the claim to the court with an opinion on it and all the needed evidence.

(8) the court shall summon obligatorily the investor of the site.

(9) Within 5-day term after receiving the claim, the court shall pronounce in a closed meeting on admitting the indicated and produced by the parties evidences and shall appoint a date of the case after 15 days. While summoning, the rule under Art. 56, para, 3 and the term under Art. 199 of the Civil Procedure Code shall not apply.

(10) The terms under para. 9 shall be applied also in case of postponing the case.

(11) The court shall announce the decision within 7day term after the meeting in which it has finalized the examination of the case. The court decision shall be final.

(12) The court shall appoint evaluators-experts, who shall meet the requirements of this Act.

(13) Where the court has ordered a higher amount of the compensation, the investor shall submit to the owner the difference with the legal interests on it within 1 month term.

Art. 41e (new – SG, 87/2010; Declared unconstitutional by a Decision of the Constitutional Court No 6 of 2013 - SG 65/13) The expenses on the description of the property and drawing out the evaluation shall be on the account of the investor of the site.

Art. 42. (Declared unconstitutional by a Decision of the Constitutional Court No 6 of 2013 - SG 65/13; amend. – SG 109/13) No taxes and charges under this Chapter shall be collected under expropriation procedures, compensations and transactions for acquisition of property and real rights.

Section III. Compensation at expropriation of farm lands and forest territories (new – SG, 87/2010; title amend. – SG 19/11, in force from 09.04.2011)

Art. 42a. (new – SG, 87/2010) (1) (amend. – SG 19/11, in force from 09.04.2011) Where satisfying state needs, which cannot be satisfied in another way for building up a national site, estates – private property have to be expropriated compulsively, which are farm land or forest territories, as an equal compensation may be given an estate – a private state property may be conceded from the state land fund and from the forest territories – state property.

(2) A property compensation shall not be admitted, where the expropriated estate has sizes – smaller than 3 Decare for fields, 2 Decare for meadows and 1 Decare for permanent plantations and 1 Decare for a forest.

Art. 42b (new – SG, 87/2010) (1) (amend. – SG 82/12, in force from 26.11.2012; amend. - SG 66/13, in force from 26.07.2013) After preparing the draft of a development plan for building up a national site, the investor of the site shall produce to the Minister of Agriculture and Foods information about the area and characteristics of the affected by the plan estates and evidence, that the competent authority under Art. 124a, para 4 of the Spatial Development Act has permitted the designing of a development plan for building up a national site.

(2) (amend. – SG 19/11, in force from 09.04.2011) Within 1 month term after receiving the information under para. 1, the Minister of Agriculture and Foods shall notify the investor of the site about the area and characteristics of the farm lands of the state land fund and the forest territories – state property, which may be conceded as compensation.

(3) After receiving the information under para. 1, arrangement deals and signing contracts for lease or rent shall not be performed for a term, not longer than 1 year for the estates, which may be conceded as compensation.

Art. 42c (new – SG, 87/2010) (1) (amend. – SG 19/11, in force from 09.04.2011) In case of available free farm lands and forest territories under Art. 42b, para. 2 and after approval of the development plan, the investor of the site shall make a request to the Minister of Agriculture and Foods for conceding farm lands as compensation from the state land fund and forest territories - state property.

(2) The request shall have attached:

1. the approved development plan;
2. (amend. – SG 19/11, in force from 09.04.2011; amend. – SG 61/15) * evaluation for the value of the estates, referred by the plan, determined as provided by the Ordinance under Art. 36, para. 2 of the Farm Land Ownership and Use Act – for farm lands and the Ordinance under Art. 86, para. 2 of the Forestry Act – for the forest territories;
3. data and the way of permanent using, the category and area of the estates- subject to expropriation, origin and functions of the forests.

(3) within one month term after receiving the request under para. 1, the Minister of Agriculture and Foods shall concede to the investor plans and draft plan of the estates, which may be conceded for compensation, containing data about the way of permanent use, the category and the area of the property.

(4) (amend. – SG 19/11, in force from 09.04.2011; amend. – SG 61/15) * After receiving the information under para. 3, the investor shall draw out a plan for compensation with the concrete estates, which shall be conceded to the owners and evaluation of the properties, which are to be given as compensation, prepared as provided by the Ordinance under Art. 36, para. 2 of the Farm Land Ownership and Use Act – for farm lands, and the Ordinance under Art. 86, para. 2 of the Forestry Act – for the forest territories.

Art. 42d. (new – SG, 87/2010) (1) (amend. – SG 19/11, in force from 09.04.2011; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Minister of the Regional Development and Public Works, the Minister of Finance and the Minister of Agriculture and Foods hall propose to the Council of Ministers private property for expropriation, which are farm land or forest territories.

(2) The proposal for expropriation shall have attached:

1. copy of an enforced development plan, providing construction of a site of a national significance;
2. characteristics, type, location, size of the estates, data about the owners and documents for property of the expropriated estates;
3. characteristics, type, location, size of every of the estates, which shall be conceded for compensation, and the owners, to which they are conceded;
4. (amend. – SG 19/11, in force from 09.04.2011; amend. – SG 61/15) * evaluation of the expropriation and the conceded as compensation estates, determined as provided by the Ordinance under Art. 36, para. 2 of the Farm Land Ownership and Use Act, and the Ordinance under Art. 86, para. 2 of the Forestry Act;
5. financial grounds of the proposal for expropriation.

Art. 42e (new – SG, 87/10; amend. – SG 19/11, in force from 09.04.2011; amend. – SG 61/15) * the Council of Ministers decision shall indicate the national site, for whose construction the properties are expropriated, the type, location, size and characteristics of the expropriated estates, the owners of every property, type, location, size and characteristics of the estates, which are for compensation, the value of the expropriated estate and the one for compensation, determined as provided by the Ordinance under Art. 36, para. 2 of the Farm Land Ownership and Use Act – for farm lands, and the Ordinance under Art. 86, para. 2 of the Forestry Act – for the forest territories.

Art. 42f (new- SG, 87/2010) While appealing the Council of Ministers decision for expropriation on the equality of the compensation, the court shall judge the difference in money, where the value of the conceded estate as compensation is lower than the value of the expropriated estate, determined as provided by the Ordinances under Art. 42d, para. 2, p. 4.

Art. 42g (new – SG, 87/2010) 91) The estate shall be considered as expropriated after the act for expropriation comes into force.

(2) (revoked – SG 109/13)

Art. 42h (new – SG, 87/2010) Where as compensation an equal estate is conceded, the Council of Ministers decision shall be subject to entering into the property register after its enforcement. The decision with a plan shall establish the right to property and shall have the force of a notary act for ownership over the property.

Art. 42i (new- SG, 87/2010) The costs on the preparation of the evaluations on this Section shall be on the account of the investor of the site.

Chapter four. ACQUISITION AND DISPOSITION OF PROPERTIES AND CHATTELS – PRIVATE STATE PROPERTY (title amend. SG 32/05)

Art. 43. (Amend., SG, No 124/1998, amend. SG 32/05) (1) The state may acquire properties by purchase, exchange, grant, subdivision, against payment or gratuitously establishing of real rights, will or by other techniques, defined by law.

(2) (suppl. - SG 45/12, in force from 01.01.2013) The state shall dispose of properties - private state property, on the basis of valuation of the properties, made by independent assessor, not lower than their tax valuations, through sale, exchange, subdivision, establishing of limited real rights against payment of gratuitously, as well as by in-kind contribution of property and belongings in the capital of companies in which the State is the sole shareholder. Property and items – private state ownership – shall be included in the capital of companies in which the State is the sole shareholder only in those cases where the rest of the partners/shareholders have been selected pursuant to Art. 33 to 39 of the Act on Public-Private Partnership, except in those cases where such partners/shareholders are a municipality or a public entity.

(3) Properties and chattels – property of commercial companies, included in appendix No 1 of art. 3, para 1 "List of the commercial companies with more than 50 percent state participation in the capital or detached pars of them" of the Privatization and Post-privatization Control Act, cannot be apported.

(4) (suppl. – SG, 87/2010) The state enterprises of Art. 62, para 3 of the Commerce Act can dispose with the acquired properties - private state property, conceded to them, with permission by the Minister, exercising the rights of ownership of the state, under conditions and by order, determined with the Rules on implementation of the Act. Where the tax evaluation of the property or the right to construction is above BGN 500 000, the disposal shall be performed by the Minister, who exercises the rights of the state in the undertaking, after a Council of Ministers decision.

Art. 43a. (new – SG 32/05, suppl. – SG, 87/2010) With a decision of the Council of Ministers shall be assigned to a Minister, head of other department regional governor to conclude contract for purchase of property, or of a part of a property for the termination of the ownership between the state and natural or legal persons, or for establishing of limited real right in favour of the state.

Art. 43b. (new – SG 32/05) The regional governor shall accept the grant of property, limited real right or chattel in favour of the state and conclude a contract. When the grant is made in favour of a Ministry, other department or legal person at budget maintenance the contract shall be concluded by the Minister, the head of the other department or the head of the legal person at budget maintenance.

Art. 43c. (1) (new – SG 32/05, former text of Art. 43c – SG, 87/2010) Will or legacy, made in favour of the state, shall be accepted by the regional governor. In the cases when the will or the legacy has been made in favour of a Ministry, other department or legal person at budget maintenance, the will or the legacy shall be accepted by the Minister, the head of the other department or the legal person at budget maintenance.

(2) (new – SG, 87/20100 Where a subject to the will of legacy under para. 1 are properties and/or movable chattel, which are out of the country, the acceptance of the will or legacy shall be done with a Council of Ministers decision.

Art. 44. (amend. SG 32/05) (1) (amend. - SG 18/10, in force from 05.03.2010, amend. – SG, 87/2010) The sale of properties - private state property,with a tax evaluation above BGN10 000 shall be carried out by the Privatisation Agency pursuant to the Privatization and Post-privatization Control Act.

(2) (new - SG 18/10, in force from 05.03.2010, suppl. – SG, 87/2010) The sale of properties - private state property, with tax evaluation up to BGN 10 000, shall be carried out by the regional governor under the conditions and order specified in this Act and the regulations on implementation of the Act.

(3) (rev. text of Para 02 - SG 18/10, in force from 05.03.2010, amend. – SG, 87/2010) Apart from the cases under para. 1 and 2 and Art. 43, para. 2 and 4, the sale of land or parts of it - private state property, to persons, having ownership in a lawfully constructed building on it, shall be carried out by the regional governor at the location of the property without a tender by an order determined with the Rules on implementation of the Act. The sale price shall be determined by the Rules on implementation of the Act.

Art. 44a. (new – SG 33/09, revoked)

Art. 45. (amend. SG 32/05; amend. – SG 17/06; amend. – SG 10/09) (1) Exchange of property - private state property or a construction right in property - private state property in the territory of the country with property or with construction right – ownership of natural persons or legal persons, may not be done, unless in the cases, provided for by the law.

(2) Exchange of property - private state property or of a construction right in a property - private state property with property or with construction right – ownership of natural persons or legal persons, may not be done, where it is:

1. (amend. – SG 41/09) a way of termination of the co-ownership of the state and of natural persons or legal persons;
2. (amend. - SG. 87/2010) fulfillment of obligations, arising out of an international agreement;
3. (new – SG 41/09) between the state and the municipality;
4. (new – SG 41/09) provided for in other cases, specified in an Act of Parliament.

(3) (amend. – SG, 87/2010) In the cases referred to par. 2 the exchange shall be implemented by the regional governor at the location of the property – private state property. The exchange shall be implemented on the basis of valuations of the exchangeable properties, made by independent assessor, at priced not lower than their tax valuations.

(4) (amend. – SG. 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) When the tax value of the property - private state property, or of the construction right on property - private state property, is over BGN 500 000, the exchange shall be implemented with decision of the Council of Ministers upon proposal by the Minister of Regional Development and Public Works. On the basis of the decision of the Council of Ministers the Minister of Regional Development and Public Works shall issue order and conclude contract for exchange.

(5) (new – SG, 87/2010) Exchange of property – private state property, conceded for management of the Ministry of Defence, whose tax value is above BGN 500 000, shall be done by a Council of Ministers decision, upon proposal of the Minister of Defence. On the basis of the Council of Ministers decision, the Minister of Defence shall issue an order and sign a contract for exchange.

Art. 45a. (New, SG, No 124/198, amend. - SG 17/06, amend. – SG, - 87/2010) The discontinuation of the ownership between the state and the natural and legal persons of properties through sale of the part of the state shall be performed by the regional governor on the property location. If the part of the state is conceded for management of an institution, an opinion of the head of the institution shall also be required. The termination of the ownership shall be done on the bases of a market evaluation of the part, made by an independent evaluator, at a price, lower than the tax price of the property.

(2) (new - SG 13/17) When the tax value of the state owned part is over 10 000 BGN, the termination of joint ownership shall be made by the regional governor upon the consent of the Executive Director of the Privatization and Post-Privatization Control Agency.

(3) (amend. - SG 13/17) In cases under para, 2 regional governor shall prepare a draft order for the termination of joint ownership, which together with the case shall be sent to the Executive Director of the Privatization and Post-Privatization Control Agency to obtain his/her consent.

(2) (prev. para. 2 - SG 13/17) In case of termination of the ownership between the state and the municipalities through a sale of the part of the state, the evaluation shall be assigned to the regional governor.

Art. 46. (Amend., SG, No 124/1998, amend. SG 32/05) (1) Immovable properties - private state property, conceded for management to the respective departments, cannot be acquired by purchase – sale or exchange by:

1. the Prime Minister and the deputy Prime Ministers;
2. the Ministers and the deputy Ministers;
3. the people’s representatives;
4. the chairpersons of state agencies and their deputies;
5. the chairpersons and the members of the state commissions;
6. the executive directors of the executive agencies and their deputies;
7. the heads of state institutions, established with an Act of Parliament or decree of the Council of Ministers;
8. the chief secretaries of the National Assembly, of the Council of Ministers, of the administration of the President, of the Ministries and of the state institutions of items 4, 5, 6 and 7;
9. the regional governors and their deputies;
10. the members of the political offices of the Prime Minister, the deputy Prime Ministers and the Ministers as well as the expert and the technical collaborators with them;
11. (amend. - SG 17/06, suppl. – SG, 87/2010) the directors of directorates in the administrations of the central and territorial bodies of the state authorities.

(2) (amend. – SG, 87/2010) Civil servants and employees with legal relation of employment in the administration, as well as the military servants may acquire without a tender immovable properties – abodes, studios and garages - private state property, conceded for management to the respective departments, if they have at least three years service in the respective administration, respectively in the Ministry of Defence and the structures of direct subordination of the Minister of Defence or in the Bulgarian army and meet the requirements, provided in the Rules on implementation of the Act.

(3) In the cases of para 2 the sales shall be made at prices not lower than the tax valuations of the properties.

Art. 46a. (new – SG 93/04, repealed – SG. 87/2010)

Art. 46b. (new – SG 113/07, in force from 01.01.2008, repealed, - SG, 87/2010)

Art. 47. (1) (Amend., SG, No 55/1997, amend. SG 32/05, amend. – SG, 87/2010; suppl. - SG 45/12, in force from 01.01.2013; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The establishment of limited real rights in property - private state property, whose tax value exceeds 70 million levs, shall be carried out by a decision of the Council of Ministers at the proposal of the Minister of Regional Development and Public Works, except in the cases regulated by the Act on Public-Private Partnership.

(2) (Amend., SG, No 55/1997, amend. SG 32/05, amend. – SG, 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) In the cases of para 1 on the basis of the decision of the Council of Ministers the Minister of Regional Development and Public Works shall conduct a tender under the conditions and by the order of the Rules on implementation of the Act, after which he shall issue an order and conclude contract.

(3) (new – SG, 87/2010) The sale of a property – private state property, conceded for management to the Ministry of Defence, whose tax value is above BGN 500 000, shall be done by a Council of Ministers decision, upon proposal of the Minister of Defence. On the basis of the Council of Ministers decision, the Minister of Defence shall conduct a tender under the conditions and order , determined by the Rules on implementation of the Act, after which shall issue an order and sign a sale contract.

Art. 48. (Amend., SG, No 124/1998, amend. SG 32/05) (1) (suppl. - SG 18/10, in force from 05.03.2010, amend. – SG, - 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The disposing with properties - private state property, except for sale under Art. 44, Para 1, shall be implemented by an order of the regional governor, the cases under Art. 45, para. 4 and Art. 47, para. 2 – of the Minister of the Regional Development and Public Works and in the cases under Art. 45, para. 5 and Art. 47, para, 3 – of the Minister of Defence. On the basis of the order, a contract shall be concluded.

(2) The contracts through which the state acquires properties and disposes of properties - private state property, shall be concluded in written form and shall be entered upon order by the judge for entering at the location of the property.

Art. 48b. (new - SG 13/17) Related persons can not be independent candidates or participants in the same tender procedure for renting state owned properties or parts of properties.

Art. 49. (1) (amend. SG 32/05; suppl. - SG 18/10, in force from 05.03.2010, amend. – SG, 87/2010) The sale of state abodes, studios and garages , with the exception of the cases under Art. 46, para. 2, shall be carried out by the regional governor at the location of the property under the conditions and by the order of Art. 44, Para 2.

(2) (revoked – SG 32/05)

(3) Under the conditions and by the order of para 1 shall also be carried out the sale of state flats, studios and garages, which have been ceded to closed down administrative bodies, unless the liquidation act does not stipulate otherwise.

(4) (Amend., No 55/1997, amend. – SG, 87/2010) Vacant state flats, studios and garages, which are not ceded to administrative bodies, shall be distributed by the regional governor, among the administrative bodies, in conformity with their proven needs.

(5) (revoked – SG 32/05)

Art. 50. (revoked – SG 32/05)

Art. 51. (revoked – SG 32/05)

Art. 52. (amend. SG 32/05) The exchange of state departmental abodes, studios and garages with abodes, studios and garages - property of the workers or the employees of the department, shall be carried out by the regional governor with the consent of the Minister or the head or the department under conditions and by order determined with the regulation for implementation of the Act, and at prices not lower than the tax valuation.

Art. 53. (amend. SG 57/00, amend. – SG, 87/2010) The disposition - under the provisions of Art. 46, para. 2 - of flats, studios and garages, ceded to the Ministry of Defense, the Ministry of the Interior, shall be carried out by the head of the relevant institution, by a procedure, determined by the Council of Ministers.

Art. 54. (1) (Amend., SG, No 55/1997, amend. SG 32/05; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, suppl. - SG 13/17) Gratuitous transfer of ownership over a property - private state property in benefit of municipalities to perform their functions or for meeting public needs of local importance and taking into account the legislation and the rules on providing the state aid, shall be carried out by a decision of the Council of Ministers, at the proposal of the Minister of Regional Development and Public Works. The regional governor shall conclude contract for gratuitous transfer, which shall be registered in the entries office.

(2) The requests for gratuitous transfer under para 1 shall be made through the regional governor, who shall present a motivated opinion.

(3) (new - SG 13/17) The municipalities are not allowed to sell, exchange, donate, give as non-monetary contributions into the capital of companies the acquired property or establish construction right or right of use in them, except for cases related to the implementation of projects necessary for meeting public needs of local importance and taking into account the legislation and the rules on providing the state aid, as well as in cases under the Art. 22a of the Investment Promotion Act or an investor holding a class of investment certificate for class A, class B investment or for priority investment project. The prohibition shall be entered into files of the acquired properties.

(4) (new - SG 13/17) The transaction carried out in violation of the prohibition under par. 3 is void.

(5) (new - SG 13/17) In non-realization of the planned activities within five years of acquisition of the property, municipalities are obliged to transfer back the ownership of such property to the state.

(6) (new - SG 13/17) The regional governor at the location of the property shall supervise the implementation of the prohibition under Para. 3 and submit an annual report to the Council of Ministers on the basis of inspections carried out during the calendar year till 31 December.

Art. 55. (1) (Amend., SG, No 124/1998, amend. SG 32/05) Voluntary partition of co-owned, by the state and natural or legal persons, property shall be carried out at the proposal of the owners to the regional governor, respectively to the Minister or the head of the administrative body to whom the real estate has been ceded. Proposal for voluntary partition to the remaining owners can be made by the regional governor, the Minister or by the head of the administrative body to whom the real estate has been ceded.

(2) (suppl. SG 32/05, amend. - SG 17/06, amend. – SG, 87/2010) The voluntary partition under par. 1 shall be carried out by the regional governor with the preliminary consent in writing of the head of the administrative body, who has been assigned with the management of the property.

(3) The voluntary partition shall be carried out on the grounds of an order of the regional governor and a contract for partition between the parties.

(4) (amend. – SG, - 87/2010) The body under para 2 shall not give consent for voluntary partition if it is not in the interest of the state.

Art. 56. (1) (Amend., SG, No 124/1998, amend. SG 32/05, amend. – SG, 87/2010 suppl. - SG 45/12, in force from 01.01.2013) Payment right of use of property - private state property shall be established by an order of the regional governor for a period not longer than 10 years upon a tender, under conditions and by an order, determined by the Council of Ministers, except in the cases pursuant to the Act on Public-Private Partnership.

(2) (amend., No 55/1997, amend. – SG, 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, amend. and suppl. - SG 13/17) Gratuitous right of use over a property – private state property may be established for the term of not longer than 10 years by an order of the regional governor and in favour of municipalities for fulfilling their functions or for permanent satisfaction of public need of local significance, as well as in favour of other persons and taking into account the legislation and the rules on providing the state aid, after a Council of Ministers decision, at the proposal of the Minister of Regional Development and Public Works. The persons, who use the property shall not use it for performing trade activity.

(3) (Amend., SG, No 124/1998, amend. SG 32/05, amend. – SG, 87/2010) The order of the regional governor shall determine the method and the conditions of constituting the right of using - gratuitously or against payment. When the right of using is constituted gratuitously or under definite conditions the order shall indicate its price, respectively the conditions determined on the grounds of the tender.

(4) (suppl. - SG 13/17) On the grounds of the order the regional governor shall conclude a contract. When a gratuitous right of use was established, the contract can be terminated unilaterally by the governor in case of non-realization of the condition under Para. 2, and a sanction shall be imposed in amount of the market levels of missed benefits with an assessment by a licensed appraiser. The penalty should be calculated for the period of use of property in violation of state aid rules.

(5) (new - SG 13/17) The regional governor at the location of the property shall supervise the implementation of the condition under Para. 2 and submit an annual report to the Council of Ministers on the basis of inspections carried out during the calendar year till 31 December.

Art. 57. (New – SG 32/05) (1) The rights of ownership of the state in commercial companies shall be exercised by the Council of Ministers or by the Ministers according to their sector competence.

(2) (suppl. - SG 45/12, in force from 01.01.2013) The state may establish and participate in the establishing of stock holding companies and limited liability companies upon decision by the Council of Ministers, except in the cases under Art. 57a, para 1.

(3) (suppl. - SG 45/12, in force from 01.01.2013) The state may contribute properties and chattels - private state property, in the capital of commercial companies on the basis of decision of the Council of Ministers upon proposal by the respective Minister or under the terms and following the procedure of the Act on Public-Private Partnership.

Art. 57a. (new - SG 45/12, in force from 01.01.2013) (1) The state, the state companies referred to in Art. 62, para 3 of the Commerce Act and companies having more than 50 per cent of state participation in the capital may establish or hold shares in companies in which they are not the only shareholders, only where the other partners/shareholders have been selected according to Art. 33 to 39 of the Act on Public-Private Partnership. Art.52, para 2 of the Act on Public-Private Partnership shall apply to the by-laws/the articles of association of such companies.

(2) State companies and companies with more than 50 per cent of state participation in the capital may enter into contracts or participate in civil partnerships with persons which are not a municipality or a public entity, only where the respective person was selected pursuant to Act on Public-Private Partnership.

(3) Para 1 and 2 shall not be applied:

1. where the partners/shareholders are a municipality or a public entity;
2. where the partners/shareholders have been selected following a privatization procedure, a concession award procedure or any other procedure provided for by law;
3. to public companies;
4. to companies established according to an international treaty or an intergovernmental agreement.

(4) (new- SG, 52/2015) The rules under Para. 1 and 2 for selection of a private partner shall not apply, where state undertakings and trade companies with more than 50% state participation in the capital participate in trade companies, shall sign contracts for joint activities or participate in civil companies in the cases:

1. where this is in view to participation in a procedure for assignment of public procurement, another procedure for selection of contractor for a service, construction or supply, or fulfillment of public procurement or another service, supply or construction;
2. of participation in companies, which receive financing with funds from the European Union, where signing an agreement is a condition by the funding institution.

(5) (new – SG, 52/2015) The contracts for joint activity under Para. 4 shall also be signed and the companies under Para. 4 shall be created with a term – by fulfillment of the objective or by the termination of the contract for awarding the relevant service, construction or supply, where the public partner shall not have the right to participate with non-money contribution.

Art. 58. (Amend., SG, No 124/1998) (1) Right of construction on a real estate - private state property, shall be constituted indefinitely or for a definite period by an order of the regional governor.

(2) (Suppl., SG, No 124/1998, amend. SG 32/05; suppl. - SG 45/12, in force from 01.01.2013) Right of construction shall be constituted against payment by the regional governor at the location of the real estate, upon a tender, under conditions and by an order determined by the Council of Ministers or under the terms and following the procedure under the Act on Public-Private Partnership. In the conditions of the tender may be provided the payment of the construction right to be made by equal property indemnification in the newly constructed building on the basis of valuation, made by independent assessor.

(3) On the grounds of the order the regional governor shall conclude contract.

(4) (amend. SG 32/05, amend. – SG, 87/2010) On the basis of a decision of the Council of Ministers the regional governor shall establish gratuitous construction right in favour of municipalities for fulfilling their function or for permanent satisfaction of public needs of local significance, as well as in favour of other persons in the cases, provided for by law, for permanent satisfaction of public needs. Persons, in whose favour a gratuitous right to construction has been establish shall not use the built up site for performing trade activity.

(5) (New, SG, No 124/1998) When the constituted right of construction is of a definite term, upon expiration of the term of constitution the constructed site shall be transferred gratuitously as property of the state.

Art. 59. (1) (amend. – SG, 87/2010) Right of superstructure or adding to a building on an existing building, constructed on state land, shall be established under the conditions and by the order of Art. 58, para. 2 and 3.

(2) (repealed, - SG, 87/2010)

Art. 60. (Amend., SG, No 104/1996, amend. SG 32/05) The contracts for establishing limited real rights on properties - private state property, shall be entered in the office for the entries their location.

Art. 61. The disposition of chattel - private state property - machines, installations, equipment, transport vehicles and stock in hand, ceded to administrative bodies, shall be carried out against payment by the head of the administrative body.

Art. 62. The disposition of chattel of closed down administrative bodies shall be carried out by the Minister of Finance, unless the liquidation act stipulates otherwise.

Art. 63. (1) Gratuitous transfer of the ownership of chattel to legal persons and other organisations at budget support shall be carried out by the regional governor, respectively by the head of the administrative body.

(2) (suppl. - SG 13/17) The gratuitous transfer of ownership of chattel above the value determined by the Council of Ministers shall be carried out by the order of para 1, with the consent of the Minister of Finance or authorized by him/her deputy-minister.

(3) (new – SG 17/06) Chattel - private state property may be transferred gratuitously in ownership of the Bulgarian Red Cross following the procedure of par. 1 and par. 2.

Art. 64. (1) (suppl. SG 32/05) The sale of unnecessary and unfit chattel, as well as of acquired material from cleaning construction sites, shall be carried out through a tender or at the commodity exchanges..

(2) The conditions and order of holding the tender under para 1 shall be determined by the Minister of Finance.

(3) (revoked – SG 32/05)

Art. 65. (revoked – SG 32/05)

Chapter five. SUPERVISION AND ISSUANCE OF TITLE DEED OF THE REAL ESTATE - STATE PROPERTY

Art. 66. (1) (Amend., SG 55/97, amend. SG 124/98, amend. SG 32/05, amend- SG, 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The using, management and disposal of properties – state property, shall be carried out under the methodical guidance of the Minister of Regional Development and Public Works, and for the chattel - state property - of the Minister of Finance.

(2) (revoked – SG 32/05)

Art. 67. (amend. SG 32/05) In the Ministries, the other departments and the regional administrations shall be established unit "State property" and unit "Management of the property".

Art. 68. (amend. SG 32/05) (1) For the properties – state property, shall be compiled acts for state property.

(2) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Minister of Regional Development and Public Works shall approve separate models of acts for state property for the properties – exclusive public and private state property.

(3) The acts for state property shall also be compiled for properties, ownership of the Bulgarian state out of the country.

(4) Acts for state property shall not be compiled for temporary constructions, the road network, the river and gully beds unless in a special Act of Parliament provides otherwise.

Art. 69. (Amend., SG, No 55/1997, amend. SG 32/05) (1) 9suppl. – SG, 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The acts for sites and properties - exclusive state property, shall be made in duplicate by office "State property" of the Ministry of Regional Development and Public Works.

(2) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The acts shall be signed by the compiler and approved by the Minister of Regional Developmentand Public Works.

(3) (amend. – SG, 87/2010) The first copy shall be preserved in unit "State property" and the second one shall be sent to the regional governor on the property location. A copy of the act shall be sent to the Agency of Geodesy, Cartography and Cadastre.

Art. 70. (amend. SG 32/05) (1) (amend. – SG, 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The acts for public and private state property shall be compiled in two copies by unit "State property" at the regional governor. The acts shall be signed by the compiler and approved by the regional governor. The first copy shall be kept in unit "State property" and the second shall be presented in the office for entering in 14 days term after the approval. The two copies shall be produced to the register office within 14 day term after the establishment, where after the registry the first copy shall be kept in the State Property unit. Following the registration of an act, copies thereof shall be provided to the Ministry of Regional Development and Public Works, as well as to the persons who use the real estate.

(2) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The acts for state property of properties, connected with classified information, being state secret, or with the security and the defense of the country shall be compiled in two copies by unit "State property" of the respective Ministry or department, managing the property. They shall be signed by the head of the department. The first copy shall be preserved in the respective Ministry of department, the second one shall be sent by the established order to the Ministry of Regional Development and Public Works and a copy shall be sent to the respective regional governor. For these acts separate registers shall be created.

(3) (amend. - SG 17/06; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The acts for state property – ownership of the Bulgarian state out of the country, shall be compiled at the Ministry of Finance in three copies according to a model, approved by the Minister of Regional Development. The acts shall be signed by the compiler and approved by the Minister of Finance. The first copy of the act shall be preserved at the Ministry of Finance, the second one – at the Ministry of Regional Development and Public Works, the third one – at the Ministry of Foreign Affairs, and a copy of the act shall be sent to the user of the property.

(4) To the acts for state property shall be attached the documents, establishing the right of ownership of the state.

Art. 71. (amend. SG 32/05, amend. – SG, 87/2010). (1) At the enforcement of the cadastre map of the properties – state property, new acts for state property shall be drawn out, which shall contain the number and date of the previous acts of state property and the data under Art. 60, p. 1 – 7 of the Cadastre and Property Register Act.

(2) When at enforcement of development plans for regions, in which there is no enforced cadastre map and at change of the detailed development plans, in the cadastral map (cadastral plan), in the land reallocation plans, in the forest development plans, as well as in other plans, connected with the restoration of the right of ownership, new landed properties are formed, for each newly formed landed property a new act for state property shall be compiled, in which shall be pointed out the number and the date of the previous act. For the newly formed properties in territories with an approved cadastre map, the provision of para. 1 shall be applied.

(3) The number and date of the newly formed acts under para. 1 and 2 shall be entered also in the previously made acts and in the relevant registers.

(4) The newly formed acts under para. 1 and 2 shall be entered in the registry office.

(5) A copy of the act under para. 4 shall be submitted to the Agency of Geodesy, Cartography and Cadastre.

(6) In the cases under para. 1 and 2 the administrations shall not pay charge for issuing plans and providing references for properties – state property from the Agency of Geodesy, Cartography and Cadastre.

Art. 72. (1) (prev. text of Art. 72 - SG 17/06, repealed – SG, 87/2010)

(2) (new - SG 17/06, amend. – SG, 87/2010) In case of establishment of a factual mistake in an act of state property, a new act shall be made for correction of the act. The act for correction of the act for state property shall be entered in the registry office.

(3) (new – SG, 87/2010) The number and date of the act for correction of an act of state property shall be entered in the act, which has been corrected and in the relevant registers.

Art. 73. (amend. SG 32/05, amend. – SG, 87/2010; amend. - SG 45/12, in force from 01.01.2013) The actions related to management and disposition of the property shall be recorded in the state ownership title deed as well as their granting under concession or under a public-private partnership contract.

Art. 74. (1) (amend. SG 32/05, suppl. – SG, 87/2010) The acts for state ownership of properties and acts for their correction shall be entered by consecutive numbers in the register, stitched in title deed books and kept in the respective unit "State property".

(2) (amend. SG 32/05, amend. – SG, 87/2010) The acts for state ownership of properties which have ceased to be property of the state, or for properties, for which new acts have been issued, shall be stored in the way stipulated by para 1, and in them shall be marked the respective circumstance.

(3) (new – SG 32/05, suppl. – SG 17/06) At change of the statute of a property – state property under Art. 6 a new act for state property shall be compiled, which shall be entered in the entries office.

Art. 74a (new – SG, 87/2010) Charge shall not be paid for entering in the register office acts of state property and acts for correction of acts of state property

Art. 75. (Amend., SG, No 55/97, amend. SG 32/05, amend. - SG 17/06, amend. – SG, 87/2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) In the Ministries, departments and regional administrations, which draw out acts of state property a main register and auxiliary registers shall be created, according to a model, confirmed by the Minister of Regional Development and Public Works. The main register and the auxiliary registers shall be kept by an official, authorized by the Minister, the head of department or the regional governor.

Art. 76. (amend. SG 32/05, amend. - SG 17/06) The acts for state property, the main register and the auxiliary register shall be preserved without a fixed term.

Art. 77. (amend. SG 32/05) The act books for the properties – state property shall be generally accessible and everybody can request information on them under conditions and by an order, determined by the regulations for implementation of the Act.

Art. 78. (1) (amend. SG 32/05) Properties incorrectly entered as state property as well as properties for which the ground has dropped out, shall be written off the act books with an order by the regional governor and shall be delivered to the owner. The change of the ownership shall be subject to entering.

(2) (new - SG 18/10, in force from 05.03.2010) The deletion of properties acquired by virtue of a privatisation contract for sale of an independent part of property of companies with more than 50 percent state share in the capital, as well as of properties - owned by companies which shares or stocks were sold pursuant to privatisation contracts subject to post-privatisation control of the Privatisation and Post-Privatisation Control Agency, shall be carried out pursuant to an order of the regional governor upon submission of a certificate issued by the Privatisation and Post-Privatisation Control Agency for the lack of obligations arising from default in the privatisation contract.

(3) (Amend., SG, No 55/1997; amend., SG 45/02, amend. SG 32/05; prev. text of Para 02 - SG 18/10, in force from 05.03.2010; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The writing off of real estates - public state property, and of property related to a classified information representing state secrets and security of the state, shall be carried out with an order of the Minister of Regional Development and Public Works upon taking the opinion of the respective administrative body, which manages the real estate.

(4) (prev. text of Para 03 - SG 18/10, in force from 05.03.2010) The writing off of real estate - property of the Bulgarian state out of the country shall be carried out by an order of the Minister of Finance at the proposal of the Minister of Foreign Affairs.

Art. 79. (1) (amend. SG 32/05; revoked - SG 54/08, new - SG 13/17) When a real estates – state property were unlawfully registered as municipal property, the act for municipal property shall be revoked by an order of the regional governor. The order of the regional governor shall be subject to appeal under the conditions of the Administrative procedure code.

(2) (amend. - SG 30/06, in force from 12.07.2006; revoked - SG 54/08)

(3) The disputes over real rights shall be settled by court order.

Art. 80. (1) (amend. SG 32/05) A property - state property which is used or hold on no grounds, which is used not according to its designation or the need of using it has dropped out, shall be expropriated on the grounds of an order of the regional governor on the basis of motivated request by the respective Minister or head of department.

(2) (amend. SG 32/05) The order of the regional governor for expropriation of the real estate shall be fulfilled by administrative order with the assistance of the police.

(3) (amend. - SG 30/06, in force from 12.07.2006) The order under para 1 shall be subject to appeal by the order of the Administrative procedure code. The appeal shall not suspend the fulfillment of the order, unless the court rules otherwise.

Art. 80a. (new – SG 93/04) (1) (amend. – SG, 87/2010) A state property, conceded for use and management to the Ministry of Defense, the Bulgarian Army and the structures, subordinated to the Minister of Defense, which is owned or possessed without ground or on fallen away ground by other natural or legal person, or which is used not for its designation, shall be seized on the basis of an order by the Minister of Defense.

(2) The order by the Minister of Defense for the seizure of the property shall be executed by administrative order with the cooperation of the bodies of the military police.

(3) (amend. - SG 30/06, in force from 12.07.2006) The order of para 1 shall be subject to appeal by the order of the Administrative procedure code. The appeal shall not stop the execution of the order unless the court rules other.

Art. 81. (amend. SG 32/05, amend. – SG, 87/2010) The state bodies, the mayors of municipalities and the bodies of the police shall be obliged to render the necessary assistance to the offices "State property" for the protection and expropriation of the properties - state property.

Art. 82. (Amend., SG, No 55/1997, amend. – SG, 87/2010) (1) (amend. - SG 66/13, in force from 26.07.2013; ) The regional governors shall be obliged, annually, by March 31, to present to the Minister of Regional Development and Public Works copies of all newly formed acts of state property and acts for correction of acts of state property, as well as information about the management and disposal of the properties – state property on the territory of the region for the preceding year.

(2) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The ministers and heads of other institutions, who have confirmed acts under Art. 70, para. 2, shall be obliged annually by 31 March to submit to the Minister of Regional Development and Public Works copies of all newly formed acts of state property and acts for correction of acts of state property, as well as information about the management and disposal of the properties – state property on the territory of the region for the preceding year.

Art. 82a (new – SG, 87/2010) (1) For issuing a certificate for availability or lack of an act of state property, for availability or lack of claiming for restoration of the ownership and for a certificate that the property has been struck off from the property act books – state property, charges shall be paid in the amount, determined by a tariff, approved by the Council of Ministers.

(2) In the cases under para. 1, the administrations shall not pay charge.

Art. 82b (new – SG, 87/2010) For issuing certificate for tax evaluation of properties – state property, the administrations shall not pay charge.

Chapter six. ADMINISTRATIVE AND PENAL PROVISIONS

Art. 83. (Amend., SG, No 124/1998, amend. – SG, 87/2010) Who, without grounds occupies a real estate – state property, shall be fined with BGN 1000 thousand to 5000, unless subject to a more severe penalty.

Art. 84. (amend., SG, No 124/98; amend. - SG 36/06, in force from 01.07.2006, suppl. – SG, 87/2010 ) Who violates the prohibition under Art. 16, para 1 and 7 shall be fined with BGN 500 to 2 000.

Art. 85. (amend. – SG, 87/2010) Who, within one month, does not fulfil the order or the decision for vacation of a real estate – state property, shall be fined with BGN 5000 to 10 000, unless subject to a more severe penalty.

Art. 86. Who does not fulfil on time the obligation under #5 of the transitional and concluding provisions shall be fined with BGN 10 to 50.

Art. 87. (1) (Amend., SG, No 55/197, amend. – SG, 87/2010) The violations under Art. 83, 84 and 85 shall be established by an act of an authorized by the respective regional governor official.

(2) (repealed, SG, 87/2010).

(3) The penalty decrees shall be issued by the Minister of Finance.

Art. 88. The establishment of violations, the issuance, the appeal and the fulfillment of the penalty decrees shall be carried out by the order of the Administrative Violations and Penalties Act.

Additional provisions

• 1. (amend., SG 63/03; amend. – SG 41/07, amend. – SG, 87/2010) "National site" is a site, determined as such by an Act of Parliament, as well as infrastructure sites are: construction and reconstruction of transport communication networks and installations - roads of the republican road network, railroads and sites of the railway infrastructure, ports, airports and installations thereof; other networks and installations of the technical infrastructure - water supply, sewerage, purification of drinking and sewage waters, treating of wastes, electrification, heat supply, gas supply and electronic telecommunication networks, determined as national sites by a Council of Ministers decision.
• 1a. (new - SG 17/06) Within the meaning of this Act:

1. "Equivalent cash compensation" shall be the price of the properties, being expropriated or of parts of properties, determined by the order of this Act.

1a (new – SG, 87/2010; amend. – SG 19/11, in force from 09.04.2011; amend. – SG 61/15) * "equivalent property compensation" is such a compensation, in which the owner of the expropriated property is granted a property – private state property – farm land from the state land fund or forest territories – state property, equal in origin and functions with the expropriated one, in the same or neighbouring property, whose value, determined as provided by the Ordinance under Art. 36, para. 2 of the Farm Land Ownership and Use Act, respectively – under the Ordinance of Art. 86, para. 2 of the Forestry Act, is equal or exceeds with up to 20% the value of the expropriated estate.

2. (suppl. – SG, 87/2010; amend. – SG 105/14) "Market prices" shall be the averaged prices from all transactions with properties for purchase – sale, exchange, establishment of real rights or transfer of ownership against obligation for construction, mortgage, securing purchase and sale of a property, the sales via auction by public and private bailiffs, the state institutions and the municipalities, as well as other value transactions, except for those with undivided shares of properties as a subject, at which one of the parties at least is a trader, concluded within 12 months prior to the date of assigning the evaluation, and entered at the entries office at the location of the property. If within the frames of 12 months before the date of assignment of the evaluation in the registry office of location of the property have been entered more than 20 transactions, while determining the market price, the latest 20 registered transactions shall be taken in consideration. The averaging shall be done based on minimum two relevant transactions.

2a (new – SG, 87/2010) The market price of a property, subject to expropriation, which has been included in the scope of an urban territory according to an acting development plan, but has not been regulated, before entering into force, or before the approval of a development plan, which provides construction of a national site, shall be determined as for a property without provided building and is considered with the established permanent way of factual use of the property.

3. "Assessor of properties" shall be a person, who:
4. a) has the education required and a professional qualification for evaluation of properties;
5. b) (amend. – SG, 87/2010) depending on the purpose of the property has the right of an independent evaluator, in the meaning of the Independent Evaluators Act for implementing the relevant evaluation;
6. c) has at least three years of experience in evaluation of properties;
7. d) is not an employee of the investor, is not interested in the expropriation and is not a relative on direct line – without restriction, on the collateral line – up to fourth degree inclusive and a relative by marriage – up to second degree of the parties to the expropriation.
8. (amend. – SG 19/11, in force from 09.04.2011) "Real estate situated close to the expropriated one" shall be the properties, located:
9. a) in one and the same region in the big cities with regional structure;
10. b) in one and the same suburb in the other towns or settlements or settlement formations;
11. c) (amend. – SG 19/11, in force from 09.04.2011) in one and the same land in the agricultural territories and forest territories.
12. (new - SG 45/12, in force from 01.01.2013) "Public entity" shall have the meaning defined in the Act on Public-Private Partnership.
13. (new - SG 13/17) "Related persons" are the persons under § 1, item 13 of the Additional Provisions of the Public Offering of Securities Act.

• 2. (amend. SG 32/05) "Administrative bodies" in the sense of this Act are the National Assembly, the administration of the President of the Republic of Bulgaria, the Constitutional Court, the Council of Ministers, the Ministries and other state bodies and organizations at budget maintenance, to whom is assigned management of the state property.
• 2a. (new – SG 32/05, repealed - SG, 87/2010)
• 2b. (new – SG 32/05, repealed - SG, 87/2010)

 

• 3. The measure has commenced in the sense of Art. 40, para 1 when the architectural projects are approved and a permit for construction is issued
• 3a. (New - SG 81/16, in force from 14.10.2016) The Minister of Interior may, pursuant to this Act, delegate their powers to his/her deputies or to other officials from the ministry.

Transitional and concluding provisions

• 4. (1) (Amend., SG, No 124/1998) The rental contracts, concluded before June 1, 1996, cannot be discontinued on the grounds of Art. 24, para 1, item 6 before the amendment, with the exception of the cases:

1. of unilateral discontinuation of the employment contract by the worker or employee;
2. of discontinuation of the employment contract by mutual consent of the parties, or discontinuation of the employment contract due to expiration of the contracted period;
3. of discontinuation of the employment contract by the employer, without preliminary notification, according to Art. 330 of the Labour Code;
4. of discontinuation of the employment contract with a worker or employee who, due to the nature of his work obligatorily lives in the administrative premises;
5. of retirement for time of service and age, when the worker or employee has uninterrupted time of service in the respective administrative body less than 5 years;
6. (Amend., SG, No 124/1998) when the worker or employee, with whom the rental contract has been discontinued on the grounds of Art. 24, para 1, item 6, before the amendment or another member of his family has bought a flat from the same administrative body;
7. when, upon discontinuation of the rental contract, the circumstances under Art. 24, para 1, item 13, 4 or 8 have occurred, as well as when the person refuses to pay compensation or does not pay it systematically.

(2) (Amend., SG, No 124/1998) The vacation of administrative flats, occupied by persons who have worked in the respective administrative body and their rental contract has been discontinued due to discontinuation of their employment contract before June 1, 1996 shall be carried out by the order effective before this date.

(3) (Amend., SG, No 124/1998) The persons, with whom the market rental contract is discontinued, shall pay compensation, amounting to the market rental price, until the vacate the flat.

• 5. The physical and legal persons who use a state real estate shall be obliged, within 6 months from the enactment of this Act, to inform in writing the offices "State property" with the regional governor at the location of the real estate. For the state flats the notification shall be made by the respective administrative bodies who use them.
• 6. (SG 38 - Decision No 7 of 2001 of the Constitutional Court - declared anti-constitutional) For a right of use, established by the respective order, until the enactment of this Act, or for more than 10 years, shall apply the period under Art. 56, para 1 from the date of its establishment. If the period has expired by the date of enactment of the Act, the real estate shall be submitted within six month from the same date.
• 6a. (New, SG, No 61/1997, Suppl., No 93/1998) The provisions of this Act, regarding the real estates - exclusive state property, shall also apply to the sites on which, pursuant to Art. 18, para 2 and 3 of the Constitution of the Republic of Bulgaria, the state exercises sovereign rights unless an Act of Parliament provides otherwise.
• 6b. (New - SG 47/11, in force from 21.06.2011) (1) Workers and employees at National Railway Infrastructure Company, accommodated in rented apartments owned by Bulgarian State Railways Holding EAD, following the proper procedure and in compliance with the requirements of the Regulation for the Order for Exercising of the Rights of the State in the Commercial Companies With State Participation in the Capital (Prom. SG. 51/3 Jun 2003, amend. SG. 59/1 Jul 2003, amend. SG. 79/4 Oct 2005, amend. SG. 54/4 Jul 2006, amend. SG. 15/16 Feb 2007, amend. SG. 103 of 2008, amend. SG. 39 and 93 of 2009, amend. SG. 22, 29 and 72 of 2010), shall be entitled to buy these apartments pursuant to the abovementioned Regulation.

(2) Workers and employees at Bulgarian State Railways Holding EAD, accommodated in rented apartments owned by National Railway Infrastructure Company following the proper procedure and in compliance with the requirements of this Act shall be entitled to buy these apartments according to the Law.

(3) Former Workers and employees shall also have the rights specified in para 1 and 2, provided that they have worked for at least 10 years in the system of Bulgarian State Railways Holding EAD and National Railway Infrastructure Company and have changed their employer under the terms of Art. 123, para 1 of the Labour Code or whose employment legal relations have been terminated as a result of pension entitlement.

• 6c. (new - SG 45/12, in force from 01.01.2013) Act on Public-Private Partnership shall apply to companies with state shareholding, state companies and companies having more than 50 per cent share participation in the capital, established prior to 31 December 2012, except in cases provided for in Art. 57a, para 3.
• 7. The Council of Ministers shall adopt Rules for implementation of the Act.
• 8. The present Act shall enter into force as of June 1, 1996.

The Act was adopted by the 37th National Assembly on May 8, 1996 and was affixed with the state seal.

Transitional and concluding provisions (SG 63/03)

• 15. (1) Started proceedings for expropriation of real estates, private property, shall be concluded by the order of this Act, except in the cases of court proceedings on admission of the expropriation.

(2) The instituted court proceedings on admission of the expropriation shall be concluded by observing the terms of art. 38

• 16. The Act shall enter into force one month after its promulgation in the State Gazette.

Transitional and concluding provisions (SG 32/05)

 

• 60. All acts for state property, except the acts of art. 69, para 1 and art. 70, para 3, compiled by the order of the law, regardless of the date of compiling, shall be entered upon order by the judge for entering.

………………………

• 62. The requests by legal persons and other organizations at budget maintenance for gratuitous conceding of right to manage the properties - private state property, by the order of art. 17, submitted before this Act enters into force, shall be considered by the previous order.
• 63. The contracts for letting for rent of properties – state property, concluded till this Act enters into force for a term of three years may be extended within the term, provided in the Act.

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

The Act was passed by the 39th National Assembly on March 30, 2005 and is affixed with the official seal of the National Assembly.

Transitional and concluding provisions (SG 17/06)

 

• 18. The equivalent cash compensation on the procedures of expropriation of real estates, private property, which have started, by the date of entry into force of this Act, shall be determined following the previous procedure.

 

• 19. In one month term after the entry into force of this Act the Ministry of Finance shall transfer to the Ministry of Regional Development and Public Works and the Ministry of Foreign Affairs copies of the acts for state property for the real estates - property of the Bulgarian state abroad.

 

• 20. In one month term after the entry into force of this Act the Council of Ministers at proposal by the Minister of Regional Development and Public Works and the Minister of Agriculture and Forests shall adopt the respective amendments and supplements in the ordinance under art. 36, par. 2 from the Farm Land Ownership and Use Act and the ordinance under art. 19, par. 1 from the Forestry Act.

Transitional and concluding provisions TO THE ADMINISTRATIVE PROCEDURE CODE

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

 

• 44. In the State Property Act (prom. SG 44/96; amend. SG 104/96, SG 55, 61 and 117/97, SG 93, 124/98, SG 67/99, SG 9, 12, 26 and 57/00, SG 1/01, SG 38/01 – Decision of the Constitutional court of 2001; amend. SG 45/02, SG 63/03, SG 24 and 93/04, SG 32/05, SG 17/06) the following amendments shall be made:

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

3. The words "the Law for the administrative procedures" shall be replaced everywhere by "the 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 THE CONCESSIONS ACT

(PROM. – SG 36/06, in force from 01.07.2006)

• 23. The Act shall enter into force from 1 July 2006 except Art. 42, para 3 and Art. 58, para 4 which shall enter into force from the date of 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 ACT ON STATE BUDGET OF THE REPUBLIC OF BULGARIA FOR 2008

(PROM. - SG 113/07, IN FORCE FROM 01.01.2008.)

• 99. The Act shall enter into force from 1 January 2008.

Transitional and concluding provisions TO THE Act Amending and Supplementing THE Farm Land Ownership and Use Act

(PROM. - SG 10/09)

• 18. (1) The proceedings under Art. 45 of the State Property Act and under Art. 40 of the Municipal Property Act which have been initiated prior to the entering of this Act into force, shall be finalized following the existing order by 1 March 2009.

(2) The commencement of the proceedings under par. 1 shall be the date, on which the interested parties have addressed a written proposal for an exchange to the competent bodies.

Transitional and concluding provisions TO THE Act Amending and Supplementing THE Spatial Development Act

(PROM. - SG 17/09)

• 12. The properties or parts of properties – state ownership, which according to the applicable detailed development plans are allocated or meant for educational, health or culture purposes, shall be provided by the Council of Ministers for administration to the respective ministry in compliance with the purpose of their use in the detailed development plan within three months after entering of this Act into force.
• 13. (1) With the entering of this Actinto force the application of the actual detailed development plans shall be suspended in their parts for properties the ownership on which has been restituted in facilities of education, science, health or culture and by these plans their purpose of use has been changed for other purposes.

(2) In case of existing state of municipal need within one year after entering of this Act into force the competent bodies of Art. 135, par. 1 shall issue an order as per Art. 135, par. 5 for modification of the detailed development plans of par. 1. The state or municipal need of modification of the plans is present, provided that within the same term the respective minister or municipal council has submitted a proposal to the competent body for modification of the plans under par. 1.

(3) Within one year after entering into force of the amended detailed development plans referred to in par. 2 the state or the municipality shall alienate the respective properties of parts thereof following the provisions of the State Property Act respectively following the provisions of the Municipal Property Act.

(4) Paragraph 1 shall not apply, provided that within the term of par. 2 an order for amendment of the respective detailed development plan has not been issued.

(5) The owners of properties or parts thereof, subject to the plan referred to in par. 2, which have not been alienated within the term of par. 3, shall have the rights under Art. 135, par. 1.

………………….

• 16. The proceedings for restitution of the ownership on properties – public state ownership and properties – public municipal ownership which have not been finalized prior to entering of this Act into force shall be terminated.

Transitional and concluding provisions TO THE CULTURAL HERITAGE ACT

(PROM. - SG 19/09, IN FORCE FROM 10.04.2009)

• 44. The Act shall enter into force from 10 April 2009, except for Art. 114, par. 2 and Art. 126 which shall enter into force from 10 April 2010.

Transitional and concluding provisions TO THE ACT AMENDING AND SUPPLEMENTING THE PRIVATISATION AND POST-PRIVATISATION CONTROL ACT

(PROM. – SG 18/10, IN FORCE FROM 05.03.2010)

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

Transitional and concluding provisions TO THE ACT AMENDING AND SUPPLEMENTING THE STATE PROPERTY ACT

(Publ. – SG, 87/2010)

• 62. The owners, whose properties have been expropriated before enforcing of this Act by a Council of Ministers decision for building national infrastructure sites, may request repeal of the expropriation after paying back of the received compensation, if within 5-year term after the property expropriation the event on the approved development plan has not been initiated, where the formed procedures shall be interrupted by expiry of the term.
• 63. Within 6-month term after the enforcement of this Act, the initiated procedures before the Minister of the Regional Development and Public Works, under Art. 45, 45a and 55 shall be finalized under the current procedure
• 64. The equal money compensation on the procedures on expropriated properties – private property, initiated before the date of the enforcement of this Act, shall be determined according to the current procedure.
• 65. (1) the persons, living in state administration homes and studios, placed according to the existing procedure by 1 June 1996, who are pensioners, survived spouses or suffered work accidents, caused a permanent disability, shall have the right to use them life long, if:

1. they, their family members and their relatives of direct line of descent, have no other home or house in the country, suitable for permanent living, and
2. have not transferred a home property or a house in the country, suitable for permanent living after 1 June 1996, and
3. do not possess securities, joint-stock participation in commercial companies, properties or parts of properties with economic purpose or other property in total value, larger than the tax evaluation of the home, and
4. the total annual income for the last two years of the inhabitant and his/her family members does not exceed 24 minimal work salaries for the country.

(2) Within 6-month term after the enforcement of this Act, the persons under Para. 1 should file an application and declaration for the circumstances under para. 1 to the regional governor of the location of the property – state property, or to the head of the administration, which manages the property.

(3) The rights and duties of the persons under para. 1 shall be determined by a contract, signed with the regional governor or the head of the administration, managing the property, under terms and conditions, determined by the Rules on implementation of the Act.

(4) Family, in the meaning of this provision shall be the spouses, as well as their underage children, who are not married.

 

• 66. Initiated procedures for selling state institution homes, studios and garages to persons, placed under the established procedure by 1 June 1996, on which there is an issued order and concluded payment at the determined price, shall be finalized within 1 year term after the enforcement of this Act. This provision shall not apply to the homes, studios and garages of the housing fund of the Ministry of Defence.

 

• 67. Within 6 month term after the enforcement of this Act, the Council of Ministers shall adopt amendments and supplements of the Rules on its implementation.

Transitional and concluding provisions TO THE ACT AMENDING AND SUPPLEMENTING THE RAILWAY TRANSPORT ACT

 

(PROM. - SG 47/11, IN FORCE FROM 21.06.2011)

 

• 52. This Act shall enter into force from the date of its promulgation in the State Gazette, except for:

1. Paragraph 17, regarding Art. 35, para 2 and 5, as well as § 50, regarding Art. 30, para 1, item 11, which shall enter into force from three months from promulgation of the Act in the State Gazette.
2. Paragraph 46, regarding Art. 139, items 1 - 3, 5 - 12, 15 - 23, 25 and 26, Art. 140, items 1, 3 - 6, 8 - 10, Art. 141 and 143, which shall enter into force from December, 4 2014.

Transitional and concluding provisions TO THE ACT ON PUBLIC-PRIVATE PARTNERSHIP

(PROM. - SG 45/12, IN FORCE FROM 01.01.2013)

• 16. This Act shall enter into force from January 1, 2013, except for § 4, § 5, § 7, § 8, § 9, § 10 and § 13, which shall enter into force from September 1, 2012.

Concluding provisions TO THE ACT AMENDING AND SUPPLEMENTING THE STATE PROPERTY ACT

(PROM. – SG 99/2012, IN FORCE FROM 01.01.2013)

• 3. This Act shall enter into force from 1st January 2013, except for § 2 which shall enter into force from the day of its promulgation in the State Gazette.

Transitional and concluding provisions TO THE SPATIAL DEVELOPMENT ACT

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

• 57. In the State Property Act the words “Minister of Regional Development and Public Works”, “the Minister of Regional Development and Public Works” “the Ministry of Regional Development and Public Works” shall be replaced respectively by “Minister of Regional Development”, “the Minister of Regional Development” and “the Ministry of Regional Development” everywhere in the text.
• 117. The Act shall enter into force from the date of its promulgation in the 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.

Transitional and concluding provisions TO THE ACT AMENDING AND SUPPLEMENTING THE STATE PROPERTY ACT

(PROM. – SG 105/14)

• 9. The initiated proceedings for alienation of properties which are privately owned shall be finalized according to the provisions and within the terms under this act, except for the cases referred to in Art. 39a, par. 1, in which cases the three-month term shall apply.

(2) In case of an enforced and allowed by the court preliminary execution, a construction permit shall be issued. The construction permit shall be issued by the investor of the national project being the employer within the meaning of the Spatial Development Act.

Transitional and concluding provisions TO THE ACT AMENDING AND SUPPLEMENTING THE MINISTRY OF INTERIOR ACT

(PROM. - SG 81/16, IN FORCE FROM 01.01.2017)

• 102. This Act shall enter into force on January 1, 2017, except for:

1. paragraphs 6-8, § 12, items 1, 2 and 4, § 13, § 14, § 18-20, § 23, § 26-31, § 32, items 1 and 4, § 33-39, § 41-48, § 49 on Art. 187, para. 3, first sentence, § 50-59, § 61-65, § 81-85, § 86, item 4 and 5, § 87, item 3, § 90, item 1, § 91, item 2 and 3, § 92, § 93 and § 97-101, which shall enter into force from the day of the Act’s promulgation in the State Gazette.
2. paragraph 32, item 2 and 3, § 49 on Art. 187, para. 3, new second sentence, § 69-72, § 76 concerning persons under § 70, § 78 with respect to employees under § 69 and § 70, § 79 regarding employees under § 69 and § 70, § 91, item 1 and § 94, which shall enter into force on February 1, 2017.

Editor`s note

* Editor`s note: The amendment to this issue of the State Gazette refers to replacing a word with its synonym, which is practically untranslatable in English.