Wednesday 7 January 2009

General overview of the procedure for transformation of the legal status of the land from agricultural to industrial (if the land is agricultural)


∗ Authority

Commissions to the regional directorates “Agriculture and Forests” - when the requested area is up to 5 ha and the land is located in the land areas of the settlements on the territory of the respective region. In the remaining cases - Commission for the Farm Lands.

∗ Required documents and procedure

During the procedures for change of the designation of the agricultural lands they shall be categorized in 10 categories according to the productive capacities of the soil and climatic conditions, the relief and technological qualities of the land, its fitness for production of different kinds of vegetal production, and the imposed restrictions of land usage, under conditions and by an order, determined by an ordinance, issued by the Council of Ministers.

∗ Preliminary steps and documents:

1. Act for categorization of the agricultural lands at the change of their designation, issued in compliance with the Ordinance for Categorization of Agricultural Lands;
2. Determined necessary platform or track with a project for detailed development plan and a positive decision for environmental impact assessment, issued by the order of the Protection of Environment Act;
3. Approved detailed development plan according to article 129 from the Spatial Planning Law.

4. Ownership title on the land.

In the presence of an approved detailed development plan the owner of the land or the investor of the site shall propose a change of the designation of the necessary agricultural land. The commissions shall take decision for change of the designation of the agricultural land within 14 days from filing the proposal. Along with the proposal the applicant must file 2 copies of the approved detailed development plan. Copy of the decision for change of the designation of farm lands for purposes other than agricultural shall be sent within 7 days from its enactment by the respective commission to the cadastre office at the location of the real estate for entry into the cadastre.

∗ Fees

State fees are determined by a tariff of the Council of Ministers. The fee is paid by the owner of the agricultural land who has required the change of its purpose or by the investor.