An apartment with Act 15 but no “Act 16”: can you move in?

If a Bulgarian building requires commissioning and that procedure is incomplete, Act 15 alone does not authorise residential occupation. Article 178 of the Spatial Development Act prohibits use of such construction works or parts of them before commissioning.

The practical question is not simply whether there is an Act 16. Establish which document is required for the particular building, whether it has been issued and what it covers.

The documents are not interchangeable

Act 15 records fitness for acceptance of the construction works. It forms part of the completion documentation but is not the administrative authorisation for use.

For first-, second- and third-category construction, a use permit is issued by the National Construction Control Directorate. Protocol Form 16 is a basis for that process, not a universal name for every final commissioning document.

Fourth- and fifth-category construction is commissioned through a certificate issued by the authority that granted the construction permit. Listings may use Act 16 informally for different documents. Legal due diligence should identify the actual category and documentation.

What to request

Ask for the construction permit, available Act 15 and commissioning document if one is said to exist. Compare the address, identification, building and phase covered. A document for a neighbouring block or separate phase does not automatically establish the status of your apartment.

Verify issuance through the competent authority or applicable register. If the process is ongoing, ask what has actually been submitted and what remains outstanding. The seller's forecast is not an administrative decision.

What the keys and title deed establish

Transfer of ownership, delivery of possession and authorised use are distinct issues. The possibility of obtaining a title deed does not itself establish that occupation is permitted. Electricity and water supplies do not replace the required authorisation either.

Before final payment, identify the contractual trigger: Act 15, commissioning, handover or another event. Do not assume that you can unilaterally replace the agreed sequence.

If you are invited to move in while waiting for documents

Seek an independent status check and review the contractual obligations. Clarify expenses, temporary infrastructure arrangements, remaining works and liability for delay. If you already signed, the agreement affects the available response.

A legal check is separate from a technical inspection of quality and safety, which may require a construction engineer or another appropriate specialist.