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Legalization of buildings and facilities

"DID-CONSULT ENGINEERING GROUP" EOOD owns the capacity, the necessary experience and highly qualified experts to carry out technical expertise regarding the legality of the completed construction and to give opinions on the possibility of legalizing all types of construction.

Depending on the type of construction, the period when the construction was carried out and the presence or absence of construction documents, illegal constructions can quite conditionally be divided into several types:

  • Residential buildings (houses, cooperatives, any buildings at all) for which a building permit and approved projects have been issued and which have been completed according to the approved project, BUT were built without the subsequent construction documentation and have not been put into operation - here We carry out construction supervision and prepare all the necessary acts and protocols and a final report to the DNSK, RDNSK or the Municipality art. 177 ZUT (Act 16) for putting the construction into operation;
  • Residential Buildings (houses, cooperatives, any buildings at all) for which a building permit has been issued and projects have been approved, but which DIFFER (maybe insignificant) from the approved project and which were built without the subsequent construction documentation and were not put into operation - we reconcile the projects as executives and then we exist Construction supervision and prepare all the necessary acts and protocols and a final report to DNSK, RDNSK or the Municipality art. 177 ZUT (Act 16) for putting the construction into operation;
  • Illegal buildings (especially houses, but also other buildings) for which there are NO approved projects and no construction permit issued, but which are subject to an amnesty for illegal constructions and are subject to legalization - we actively assist in issuing a Certificate of Tolerance for a building - control photography is carried out, the period of construction is proven, the dossier is prepared and submitted to the municipality, where we undertake to issue a Certificate of Tolerance;
  • Illegal industrial buildings (workshops, workshops, services, warehouses) or agricultural buildings and linear objects (external plumbing, external channel (external plumbing connections); external el. cables; substation; heat pipes, etc.) for which there is no or incomplete construction documentation. This is a common problem in the privatization or restitution of industrial sites - often the documentation with which they were denationalized is incomplete or not available at all. Here, our team is committed to collecting, sort and prepare the necessary project documentation and carry out construction supervision and prepare all necessary acts and protocols and a final report to DNSK, RDNSK or the Municipality art. 177 ZUT (Act 16) for putting the construction into operation
  • Any other objects, and for more information contact us at contacts or see our sites.

THE PROCESS OF LEGALIZING AN ILLEGAL CONSTRUCTION GOES THROUGH SEVERAL MAIN STAGES, WHICH WE WILL CONSIDER BRIEFLY BELOW AND THROUGH WHICH WE, THE TEAM OF "KAD PROJECT" EOOD, ACTIVELY PARTICIPATE IN THE ENTIRE PROCESS (FOR MORE INFORMATION CONTACT US AT CONTACTS):

  1. Of particular importance is the period in which the illegal construction took place. With amendment of ZUT – § 127. (1), entered into force on 26.11.2012., the term of legalization acts for all buildings from 1987 was extended. on 31.03.2001. This is essentially an amnesty for illegal construction, built until 31.03.2001. Under certain conditions;
  2. The second step is an assessment of whether the requirements of urban planning have been met: the most common problems are related to reduced distances from neighbors, the excessive height of the building, too dense construction, etc. Here is our first duty as a consultant - to find out whether the building can be legalized or not and if it can, to undertake the necessary steps to legalize the object;
  3. And finally, it should be checked whether the property in which the building is located is regulated or not. In some cases, even if the property is not regulated, it is possible to legalize the building, but here it is necessary to make serious studies of the possibility of legalizing the property and bringing the property into regulation.

At the present time, it is only possible to issue a Building Tolerance Certificate, advising our customers to hurry with the procedure due to the real possibility that this practice will be discontinued in the near future. As for legalization itself, until recently there were two different approaches to legalizing illegal constructions, and we recommended which of the two is more suitable for each specific object.

  1. Certificate of tolerability of a building– a control recording is carried out, the period of construction is proven, the dossier is prepared and submitted to the municipality, where we undertake to issue a Certificate of Tolerance. Tolerance is regulated in ZUT § 127. (1)

ZUT § 127. (1) Construction, built up to 31 March 2001 Mr., for which there are no building documents, but were admissible under the regulations, which were operating at the time, when they are done, or under the provisions in force under this Act, are tolerable constructions and are not subject to removal or prohibition of use. They can be the subject of a transfer transaction after presenting a certificate from the authorities, which are authorized to approve the relevant investment projects, that the constructions are tolerable.

A building with a certificate of tolerance is not subject to fines and cannot be removed. A building in tolerance can be transferred, sold and may appear in notarial acts at all, but cannot be added or upgraded. The advantages of the tolerance certificate over the legalization act is that the certificate does not incur a fine, which in the legalization act is up to 10 000 BGN. and more importantly, there are no consequences for the owner in case of refusal to issue a tolerance certificate, while in the case of refusal to issue a Legalization Act, a prescription is issued to remove the building.

  1. Legalization act.The procedure includes a fine, the period of construction is proven and a "Photographing for legalization" project is prepared, which is submitted to the municipality for approval, as we are committed to the issuance of an Act of legalization and issuance of a use permit. Paragraph 2 the § 127 of ZUT also provides for the possibility of legalizing buildings, built until 25.07.2003

ZUT § 127. (2) Construction under § 184 from the transitional and final provisions of the Law on Amendments and Supplements to the Law on Territorial Planning (DV, no. 65 from 2003 Mr.), unclaimed for legalization until the entry into force of this law, can be legalized at the request of the owner, if they were admissible under the regulations, which were operating at the time, when they are done, or under the provisions in force under this Act.

ZUT § 184. (1) Construction, committed illegally before the entry into force of this law, can be legalized at the request of the owner, if they are admissible under the regulations, which were operating at the time, when they are done, or according to the regulations in force.

It is important to note once again, that the deadline for the Legalization Act procedure has expired and it is no longer possible to carry it out.