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Keys before the final deed: risks of moving in early

Early possession before a Bulgarian property deed requires clear rules on use, works, expenses and return if the sale fails.

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

The essentials

  • Keys do not transfer ownership.
  • Distinguish access from possession clearly.
  • Agree expenses and return before moving in.

Receiving keys under a preliminary agreement does not transfer ownership. A buyer may spend money and move in while acquisition still depends on the final deed or the appropriate judicial remedy.

Define what is being handed over

Access for measurement, temporary use and transfer of possession are different. Record the basis, date, condition, keys and meter readings. Allocate running expenses, permitted works and responsibility for damage.

A contractual arrangement does not authorise occupation prohibited under planning law. For a new building, check lawful use separately. Early entry does not remove mortgages, attachments or third-party rights.

Improvements may create a separate dispute

Article 70(3) of the Ownership Act gives Article 71 and 72 rights to a possessor who received possession under a preliminary agreement with the owner. This does not turn the preliminary agreement into ownership title or apply automatically to every permitted access. Actual handover, the seller’s rights and the nature of expenditure matter.

Do not assume every amount spent will necessarily be reimbursed if the sale fails. Agree in advance on authorised works, expense evidence, return of the property and treatment of payments. Retention rights and monetary claims require individual assessment in a dispute; moving in early is not a secure substitute for completing the purchase.

Practical guidance

What to do, step by step

01 / 03

Check the prerequisites

Moving in does not remove legal risks.

  • Verify title and encumbrances.
  • Check lawful use of the building.
02 / 03

Document handover

The written arrangement must match actual conduct.

  • Record basis, condition and keys.
  • Allocate bills, works and responsibility.
03 / 03

Plan for failure

Agree consequences before major expenditure.

  • Address return and expense accounting.
  • Keep consents, invoices and photographs for authorised work.

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