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An unused Bulgarian building right: understanding the five-year period

A permit or excavation does not necessarily exercise a building right. Check the original grant, structural completion and later transfers.

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

The essentials

  • Starting work may not amount to exercise of the right.
  • A later transfer does not automatically restart the period.
  • Contract conditions and actual obstacles can affect the analysis.

A right to construct and own a building on another person's land may expire in the landowner's favour if not exercised within the five-year period under Article 67 of the Ownership Act. A permit or excavation is not sufficient by itself. This concerns the property right, separately from the developer's contractual delay.

What counts as exercise?

For the situation involving a single grant covering units in a building, Interpretative Decision No. 1/2011 links exercise to structural-shell completion of the building or authorised phase. Construction of one apartment within an unfinished building should not automatically be treated as sufficient.

A new buyer does not automatically receive a new period

The decision identifies commencement when the granting contract takes effect, regardless of subsequent transfers. It also addresses special situations: bad-faith obstruction by the landowner and individually granted rights dependent on another unit being built. Simply counting five calendar years is therefore inadequate.

Before purchase, trace the original grant, its conditions and construction evidence. The validity period of a construction permit is a different issue from expiry of the property right.

Practical guidance

What to do, step by step

01 / 03

Find the original grant

The latest deed is insufficient.

  • Obtain the granting contract and amendments.
  • Check conditions and the units covered.
02 / 03

Establish the construction stage

Technical facts need supporting records.

  • Collect construction records and structural-shell certificates.
  • Match them to the authorised building or phase.
03 / 03

Assess time before paying

A valid permit does not answer every question.

  • Document stoppages and obstacles.
  • Assess the property-right risk separately from delay penalties.

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