Tuesday 7 October 2008

Permits, Planing, Zoning and Environment


Building permit is issued by the chief architect of the municipality where the land plot is located. If the project where a development shall exist concerns more than one municipality or more than one district, the competent body that shall issue the building permit is the respective district governor or the Minister of regional development and welfare. The documents that must exist and shall be needed for the purpose are:

- drawings of the plots/s;
- project permit;
- development-project design (where applicable);
- technical and work plan;
- visa;
- building permit;
- occupational and operating permit.

Visa is an excerpt from the Detailed development plan (well known in Bulgaria as PUP) of the region where the land is located. It contains data about the land and the surrounding properties, the existing buildings (if there are any) boundaries, height, intensity, density, and other requirements for building in the specified land. The Visa is issued by the chief architect of the municipality where the land is situated within 14 days (according to the requirements of the law, but usually it takes more times). The Visa is valid for six months but the law provides an option for prolonging that term.

Development-project design may be prepared in the following phases:

- conceptual design;
- technical design;
- working design (technical working drawings and details).

The development-project design is subject to approval by the competent administrative bodies. The approved development-project design serves as a ground for the issuance of a building permit. The investor may apply for building permit together with the submission for approval of the development-project design (this procedure is faster but it require all document to be well organized and prepared according to the requirements of the Law on Development of the Territory).

Building permit is issued on the basis of approved development-project design, if it is required. The law stipulates that building permit may also be issued on the basis of approved conceptual design. The term of issuance is seven days after the application form has been deposited. For the purpose of the issuance of building permit in co-owned land the law requires a valid contract executed in a notary deed form between the co-owners. The permit to construct can be issued for the whole building or for different stages or parts of the construction (that is why when you are going to purchase something which is an off-plan project it is required to examine the building permit). Construction works can be undertaken only after issuance of a building permit. The building permit is valid where the construction has been undertaken within three years after the issuance of the building permit and the building is completed as a rough construction within five years after the issuance of the permit. The terms and the relations between the participants in the construction process like investor, contractor, designer, consultant etc., shall be regulated by written contracts. Fees for issuance of the building permit vary depending on the type of the building, the location, the municipality taxes etc.

The development schemes and plans are provided for the function and purposes of the territories. The territories are classified in as follow:

- urban territories;
- territories for agricultural needs;
- woodlands;
- protected territories;
- territories for restoration.

Detailed development plans contain the areas assigned, alignments, building categories, types of construction, infrastructure, communications etc. The mentioned provisions of the detailed development plan shall respond with the standards for the environmental protection according to the statutes related to the environmental protection. Where it concern industrial building, building with specific use etc., that might negatively effect the environment, the investor shall conclude an analysis of the impact to the environment and shall comply with the existing environmental protection legislation (this is the link to NATURA 2000 in Bulgaria http://www.natura2000bg.org/natura/eng/index1.php).

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