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The shared roof leaks and the owners will not act: organising repairs in Bulgaria

A shared roof is not solely the top-floor owner's expense. Distinguish necessary and urgent repairs and preserve evidence for reimbursement.

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

The essentials

  • A shared roof is not paid for only by those directly underneath it.
  • The repair category determines the procedure.
  • Notice and evidence matter when recovering personal expenditure.

A roof is normally a common part, so its repair is not solely the top-floor owner's personal expense. Where the Condominium Ownership Management Act applies, repair costs approved by the general meeting are allocated according to common-part shares. Non-occupation does not itself exempt an owner from that expense.

Necessary and urgent repairs follow different routes

For necessary repairs, the law provides for immediate allocation of funds by the manager and subsequent approval of documented expenditure. Under Article 48(6), an owner may fund necessary work without a meeting decision if the manager was notified but failed to convene a meeting within one month. Reimbursement or set-off must also follow the statutory process; it does not justify unilaterally stopping all building charges.

Urgent repairs follow Article 49: fund resources, a meeting for additional contributions and municipal notification if management fails to act. Urgency needs technical evidence; not every inconvenience qualifies.

First establish the applicable regime. Buildings with up to three independent units belonging to more than one owner fall within a special exception, and a qualifying gated complex may operate under a contractual regime.

Practical guidance

What to do, step by step

01 / 03

Document the cause

Distinguish the common roof from a private defect.

  • Obtain photographs and technical advice.
  • Get a quote identifying necessary works.
02 / 03

Activate the management process

Use provable notification.

  • Send the manager the request and evidence.
  • Check available funds, decisions and urgency procedures.
03 / 03

Preserve the expenditure basis

Separate repairs from optional improvements.

  • Keep contracts, invoices and acceptance records.
  • If inaction continues, assess municipal action or a reimbursement claim.

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