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Building running costs: occupied and empty apartments

How Bulgarian condominium management and maintenance costs are allocated, and why an empty apartment is not automatically exempt.

Kalchev Law FirmA law firm publication
1 min readPublished: Legal review pending

The essentials

  • An empty unit is not automatically exempt.
  • Check the operative allocation method.
  • The repair fund and routine maintenance are different.

An empty apartment does not automatically mean zero building charges. First establish whether the payment covers management and maintenance under Article 51 of the Condominium Management Act, or repairs and the repair and renewal fund, which follow different rules.

Check the chosen allocation method

Article 51’s default is allocation by the number of owners, users, occupants and household members rather than floor area. A unit occupied for up to 30 days in a calendar year is charged as one person.

With the required special majority, the owners’ meeting may select an Article 51(9) option: allocation by persons, common-part shares or equally per independent unit. Read the operative resolution first. Convenient parts of different methods cannot simply be combined without a legal basis.

Exceptions have defined limits

The exemption for children under six relates to allocation by persons. It does not become a reduction of a flat charge per unit. For professional activity involving outside visitors, the Act permits a reasoned resolution increasing charges three to five times, with a separate rule where there is an independent entrance.

Repair expenditure does not become routine maintenance merely by being called a monthly charge. Request a breakdown, resolution and calculation. If challenging the resolution itself, check the separate procedure and deadline rather than assuming non-payment will invalidate it.

Practical guidance

What to do, step by step

01 / 03

Separate the expenses

The charge’s name is insufficient.

  • Request the budget and breakdown.
  • Separate the repair fund from maintenance.
02 / 03

Read the resolution

The amount depends on a lawfully chosen method.

  • Check majority and effective date.
  • Compare the calculation with applicable exceptions.
03 / 03

Address discrepancies

Identify the particular amount and basis.

  • Provide relevant occupancy information.
  • Check deadlines when challenging a resolution.

Discuss this legal issue with our firm

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This article is for general information only. It does not constitute or replace individual legal advice.