Law Amending The Law On State Property

Original Language Title: Закон за изменение и допълнение на Закона за държавната собственост

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15047/

Name of law
Law amending the Law on State Property




Name Bill
Bill amending the Law on State Property





Date of adoption
10/12/2014



Number / year Official Gazette
105/2014







DECREE № 293
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on State Property adopted by HLІІI National Assembly on December 10, 2014 || | Released in Sofia on December 16, 2014
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice Hristo Ivanov

Law amending the Law on State Property (Prom. SG. 44 of 1996 .; amend. Pcs. 104 1996 pcs. 55, 61 and 117 of 1997, pcs. 93 and 124 of 1998, pcs. 67 of 1999, pcs. 9, 12, 26 and 57 of 2000, No. 1 of 2001 .; Decision № 7 of the Constitutional Court of 2001 - SG. 38 of 2001 .; amend., SG. 45 of 2002, No. 63 of 2003, pcs. 24 and 93, 2004, SG. 32 of 2005, pcs. 17, 30, 36, 64 and 105 of 2006, pcs. 41, 59, 92 and 113 in 2007, pcs. 52 and 54, 2008, issue. 10, 17, 19, 33 and 41 of 2009, pcs. 18 and 87, 2010, issue. 19 and 47 of 2011, pcs. 45, 82 and 99 of 2012, pcs. 27 2014 .; Decision № 6 of the Constitutional Court from 2013 - SG. 65 of 2013 .; amend., SG. 66 and 109 of 2013, pcs. 40 and 98 in 2014)
§ 1. Art. 32 is amended as follows:
1. In para. 3 text before item. 1 is amended as follows: "If you can not determine market prices of properties with similar characteristics due to lack of committed less than two transactions in the registry office, equitable monetary compensation is determined by the order of ".
2. In para. 4 the word "mortgage" is deleted.
§ 2. In art. 34b are made the following amendments:
1. Paragraph 3 is amended as follows:
"(3) Where the address of any of the interested parties is unknown or it is not found on the current and permanent address, the decision of the Cabinet of art. 34a para. His first reported by the investor of the site under Art. 61, para. 3 of the Administrative Code and by publication of a notice in the "Official Gazette". "
2. A par. 4:
"(4) The fact that the person is not found on the current and / or his permanent address is evidenced by a protocol signed by two officials from the Administration and from one of the neighbors, except where service is certified by a notary. "
§ 3. In art. 34c make the following changes and additions:
1. Paragraph 3 is amended as follows:
"(3) Where the address of any of the interested parties is unknown or it is not found on the current and permanent address, the order of art. 34a para. 2 it was reported by the Governor in accordance with Art. 61, para. 3 of the Administrative Code and by publication of a notice in the "Official Gazette". "
2. A par. 4:
"(4) The fact that the person is not found on the current and / or his permanent address is evidenced by a protocol signed by two officials from the Administration and from one of the neighbors, except where service is certified by a notary. "
§ 4. In art. 39 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The decision of the Council of Ministers and the command of the governor become effective and the property is considered to be alienated:
1. when they are appealed and monetary compensation specified in the decision of the Council of Ministers or in the order of the governor, translated at the expense of beneficiaries, in the absence of a designated account - under par. 5;
2. in cases of appeal when:
a) translated compensation on behalf of persons entitled based on the court's decision under Art. 38, para. 8;
B) appeal against the decision of the Council of Ministers, respectively the order of the governor, be rejected and the cash benefit as defined in the act of expropriation, translated at the expense of beneficiaries. "
2. Paragraph 3 is amended as follows:
"(3) If, within 18 months from the entry into force of the decision under Art. 34a para. 1 and 6 months after the entry into force of the order of art. 34a para. 2 owner not be compensated, at his request, the Supreme Administrative Court, respectively administrative court at the location of the property, repeal the act of expropriation. "
§ 5. In art. 39a para. 1 the word "three" is replaced by "one".
§ 6. A Art. 39b:

"Art. 39b. (1) At the request of the administrative body and / or investor court in closed session within a month and allow interested persons opinion may grant provisional enforcement of the act of expropriation, when the investor has translated defined in the act of expropriation compensation and the supply of certain of the court guarantee under Art. 391, para. 3 of the Civil Procedure Code, if necessary, to protect vital state or public interests. The ruling is final. When granted preliminary execution can be made entry into possession of the investor before the act of expropriation entered into force when the detailed plan, which envisages construction of a national project, entered into force. Pre-execution is not permitted to property which is only home. Preliminary execution is not allowed when it owners may be caused substantial or irreparable harm that can not be compensated. The writ of the investor is carried out as follows:
1. writ investor in possession of the property is carried out at its request by the governor or by an authorized officer;
2. imput before written records describing the actual condition of the property by a committee that includes the authorized representative of the governor and the investor, and in the case of agricultural land or forest area - and a representative of the Ministry of Agriculture and Food; in the commission includes appraiser registered with the Chamber of independent evaluators, depending on the intended use of the property; the cost of carrying the inventory of the property are borne by the investor; 3
. the governor issued an order which determines the composition of the commission and indicates the type, location and number of the property, the property owner and the date and time of execution of the inventory of the property, which is communicated to the owner of the property pursuant to Art. 61 of the Administrative Code no later than 7 days before the date of which will be carried out inventory;
4. Protocol signed by the members of the commission and the owner of the property; a refusal of the owner to sign the protocol that fact must be certified by the signatures of two witnesses in the protocol entered their full name, address and personal identification number; in cases under sentence Protocol is deemed delivered on the date of its issuance;
5. when the owner of the property was duly informed about carrying the inventory and does not appear, the actions can be performed and the protocol to establish in his absence; copy of the record shall be served on the owner under the Administrative Code, as findings of fact reflected in it are accepted as true until proven otherwise.
(2) determined by the court to guarantee the account opened by the governor and serves as a guarantee for payment of increases by the court amount of compensation in the act of expropriation and compensation under par. 4 and 9.
(3) If enacted granted preliminary execution of the national investor object is issued a building permit. The building permit is issued to the investor in the national project - contracting under the Law on Spatial Planning.
(4) The investor of the national project due to the owners of properties under par. 1 liquidated damages from the date of possession of the property pending a final decision on the expropriation of the property.
(5) Where the property is agricultural land, compensation under par. 4 includes income they would have received the property owner from selling their produce, if the property is processed or the rental payment that was to receive for leased land.
(6) Where the property is forest area, compensation under par. 4 includes income they would have received the property owner from the sale of timber in the presence of issued by competent under the forest authorities permit for felling and hauling and sale of property by side use representing business when there issued a written permit.
(7) Where the property is commercial, industrial or agricultural object compensation under par. 4 includes the profit that would have made the owner of the property, determined on the basis of the profits from the site of the previous year or the preceding quarter or month, if the subject is new.
(8) Where prejudice buildings that are purpose other than that specified in par. 7 compensation includes profit or income that would have made the property owner from letting.
(9) The investor of the facility due compensation for damage to property or recovery of property in kind at the time of his capture in case the expropriation fails or is revoked.

(10) Benefits under par. 4 and 9 are due after the entry into force of the act of expropriation. Benefits are determined by an assessment by licensed appraisers involved in the commission of para. 1 pt. 2, the objective inability of the governor replaced it with another appraiser eligible to par. 1, p. 2. The cost of the evaluation shall be borne by the investor.
(11) The regional governor issued an order that contains specified by the investor compensation under par. 10. Compensation shall be paid by the investor within one month from the entry into force of the order.
(12) The order under par. 11 reported the property owner pursuant to Art. 61 of the Administrative Code. The owner may challenge the amount of compensation within 14 days of notification of the order under the Administrative Code.
(13) the Court examined the complaint under par. 12 and announce a decision as production is completed within one month of submission. The court announced the decision within 7 days after the meeting, which was completed examination of the case. The court's decision is final. When the court orders a higher amount of compensation, the investor pays the owner the difference with legal interest thereon within one month of the judgment of the court.
(14) The difference under par. 13 together with legal interest thereon is paid by the governor of the deposited as a guarantee amount under par. 2, in the case that it is not enough to pay the higher amount of compensation, the remainder is paid by the investor. "
§ 7. In § 1a of the additional provisions. 2 is amended as follows:
" 2. "Market prices" are the average prices of all real estate transactions for the sale, exchange, establishment of property rights or transfer of property against liability for construction, mortgage - securing the sale of property, sales by auction of state and private bailiffs , government and municipalities, and other value transactions, except those subject shares of the estate in which at least one party is a trader concluded within 12 months of the award of the assessment and entered into the registry office the location of the property. If, within 12 months prior to the award of the assessment at the registry office in the location of the property entered more than 20 transactions in determining the market price into account the last 20 entered transactions. The averaging is based on not less than two relevant transactions. "
Transitional and Final Provisions
§ 8. In the Municipal Property Act (prom. SG. 44 of 1996 .; amended. No.. 104 of 1996, No. 55 of 1997, pcs. 22 and 93, 1998, issue. 23, 56, 64, 67, 69 and 96 of 1999, pcs. 26 2000 SG. 34 of 2001 pcs. 120 of 2002 pcs. 101 of 2004, pcs. 29, 30 and 36 of 2006, pcs. 59, 63 and 92 of 2007 No.. 54, 70 and 100 of 2008, pcs. 10, 17, 19 and 41 of 2009, pcs. 87 of 2010, pcs. 15 and 19 in 2011, pcs. 45 and 91 by 2012, pcs. 15 2013 .; Decision № 6 of the Constitutional Court from 2013 - SG. 65 of 2013 .; amend., SG. 66 and 109 of 2013, pcs. 98 2014 ) The following amendments are made:
1. In art. 25 para. 4 is amended as follows:
"(4) Where the address of any of the interested parties is unknown or it is not found on the current and permanent address, order under par. 2 it was reported by the mayor under Art. 61, para. 3 of the Administrative Code and by publication of a notice in the "Official Gazette". "
2. Article 30 is amended as follows:
"Art. 30. (1) At the request of the municipality concerned administrative court in closed session within a month and allow interested persons opinion may grant preliminary execution of the act of expropriation, when the municipality has translated defined in the act of expropriation and compensation be represented determined by the court guarantee under Art. 391, para. 3 of the Civil Procedure Code, if necessary, to protect critical state, municipal or public interests. The ruling is final. When granted preliminary execution can be made entry into possession of the municipality before the act of expropriation entered into force when the detailed plan, which envisages construction of public municipal property, entered into force. Pre-execution is not permitted to property which is only home. Preliminary execution is not allowed when it owners may be caused substantial or irreparable harm that can not be compensated.
(2) the municipality due to the owners of properties under par. 1 liquidated damages from the date of possession of the property until the entry into force of the expropriation order on the property.

(3) A municipality due to the owners of properties under par. 1 and damages the property or its restoration in the form at the time of his capture in case the expropriation fails or is revoked.
(4) determined by the Court guarantee serves as security for the payment of increases by the court amount of compensation in the act of expropriation and compensation under par. 2 and 3.
(5) entered into force granted preliminary execution of the investor of the facility is issued a building permit. The building permit is issued to the investor of the project - contracting under the Law on Spatial Planning.
(6) Where the property is agricultural land, compensation under par. 2 includes income they would have received the property owner from selling their produce, if the property is processed or the rental payment that was to receive for land leased for one business year.
(7) Where the property is forest area, compensation under par. 2 includes income they would have received the property owner from the sale of timber in the presence of issued by competent under the forest authorities permit for felling and hauling and sale of property by side use representing business when there issued a written permit.
(8) If the property is commercial, industrial or agricultural object compensation under par. 2 includes the profit that would have made the owner of the property, determined on the basis of the profits from the site of the previous year or the preceding quarter or month, if the subject is new.
(9) When affecting buildings that have a purpose other than that specified in par. 8 compensation includes profit or income that would have made the property owner from letting.
(10) before entry into possession of the property drawn-inventory on the actual condition of a commission appointed by order of the mayor, and for towns with district division - the mayor of the area, which includes representatives municipality and appraiser. The order shall specify the type, location and number of the property, the property owner and the date and time to carry out the inventory of the property. The protocol signed by the members of the commission and the owner of the property.
(11) The order under par. 10 reported the property owner pursuant to Art. 61 of the Administrative Code no later than 7 days before the date of which will be carried out inventory. When the owner of the property was duly informed about carrying the inventory and does not appear, the actions are performed and the protocol is drawn up in his absence. The costs of the inventory of the property and determine the benefits are paid by the municipality.
(12) minutes shall be signed by the members of the commission and by the property owner. Upon refusal of the owner to sign the protocol that fact must be certified by the signatures of two witnesses in the protocol entered their full name, address and personal identification number. In cases under sentence Protocol is deemed delivered on the date of its issuance.
(13) When the owner of the property was duly informed about carrying the inventory and does not appear, the actions can be performed and the protocol to be drawn up in his absence. A copy of the minutes shall be served on the owner under the Administrative Code, as findings of fact reflected in it are accepted as true until proven otherwise.
(14) The mayor of the municipality, and for towns with district division - the mayor of the region, issued an order in which determine the amount of benefits due under par. 2 and 3 after the entry into force of the expropriation order on the basis of the findings in the report. The order shall specify the type, location and the owner of the property, which shall be paid compensation, date and time of entry into possession of the property. The compensation shall be paid within one month from the entry into force of the order.
(15) The order under par. 14 reported the property owner pursuant to Art. 61 of the Administrative Code. The owner may challenge the amount of compensation within 14 days of notification of the order under the Administrative Code.
(16) the Court examined the complaint under par. 15 and announce a decision as production is completed within one month of submission. The court announced the decision within 7 days after the meeting, which was completed examination of the case. The court's decision is final. When the court orders a higher amount of compensation, the municipality pays the owner the difference with legal interest thereon within one month of the judgment of the court.
(17) The difference under par. 16 together with legal interest thereon is paid by the mayor of the deposited as a guarantee amount under par. 4 and if it is not enough to pay the higher amount of compensation, the remainder is paid by the municipality. "

§ 9. (1) initiated proceedings for expropriation of property - private property shall be completed under the terms and in terms of this Act, except under Art. 39a para. 1, for which the three-month period.
(2) If enacted admitted by the court in advance execution is issued a building permit. The building permit is issued to the investor in the national project - contracting under the Law on Spatial Planning.
§ 10. In the Law on Spatial Planning (prom. SG. 1 2001 .; amend., SG. 41 and 111 of 2001, pcs. 43 2002 pcs. 20 65 and 107 of 2003, pcs. 36 and 65 of 2004, pcs. 28, 76, 77, 88, 94, 95, 103 and 105 of 2005, pcs. 29, 30, 34, 37 65, 76, 79, 80, 82, 106 and 108 in 2006, pcs. 41, 53 and 61 of 2007, pcs. 33, 43, 54, 69, 98 and 102 of 2008, No. . 6, 17, 19, 80, 92 and 93 of 2009, pcs. 15, 41, 50, 54 and 87 of 2010, pcs. 19, 35, 54 and 80 of 2011, pcs. 29 32, 38, 45, 47, 53, 77, 82 and 99 of 2012, pcs. 15, 24, 27, 28, 66 and 109 of 2013, pcs. 49, 53 and 98 2014 ) is amended as follows:
1. In art. 177, para. 1, 'technical and energy passport "are replaced by" technical passport and certificate of energy performance project. "
2. In art. 239, para. 1 pt. 1 the word "them" is replaced by "it."
The law was adopted by the 43rd National Assembly on December 10, 2014 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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