Law Amending And Supplementing The Law On Cadastre And Land Registry

Original Language Title: Закон за изменение и допълнение на Закона за кадастъра и имотния регистър

Read the untranslated law here: http://parliament.bg/bg/laws/ID/14694/

Name of law Law amending and supplementing the law on cadastre and land registry Name of the Bill a bill amending and supplementing the law on cadastre and land registry date adopted 29/05/2014 number/year Official Gazette 49/2014 Decree No 147

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on cadastre and land registry, passed by the National Assembly of HLIÌ 29 may 2014.

Issued in Sofia on 11 June 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

amending and supplementing the law on cadastre and land register (official SG. 34 of 2000; amend., SG. 45 and 99 of 2002, 36/2004/39 and 2005 105, no. 29 and 30, 2006, no. 57 and 59 since 2007 and 36/91 by 2008, 80/2009. , PC. 19 and 39 from 2011, issue. 38 by 2012 and St. 15, 66 and 109 by 2013)

§ 1. In art. 2 is hereby amended as follows:

1. In paragraph 8. 2 item 4 shall be amended as follows:

"4. the data for areas of restrictions on land property."

2. in the Al. 3 the words "and 2" are replaced by "and al. 2, item 1 – 3 ".

3. in the Al. 4 the word ' extra ' shall be replaced by ' specialised ' and the words ' al. 2, item 4 "shall be replaced by" art. 32, para. 1. "

§ 2. In art. 7 make the following amendments and additions:

1. In paragraph 8. 2, the words "a uniform system for civil registration and administrative service of population (ESTRAGON)" are replaced by "the population register – national database" population ", and" the trade register.

2. in the Al. the words "as well as for direct access to the data in them" shall be replaced by "under para. 1, as well as for the exchange of data between them and specialised systems under art. 32, para. 1, item 2. "

3. a para. 4:

"(4) the exchange of data between information systems at al. 1 and under para. 2 and the provision of data of the population register – national database "population" shall be carried out free of charge. "

§ 3. In art. 8 make the following amendments and additions:

1. In paragraph 8. 1 creating the second sentence: "the cadastral map and cadastral records are the property of the State."

2. paragraph 2 is replaced by the following:

"(2) for the provision of services of the cadastre and the reporting procedures for the creation, maintenance and modifications of the cadastre shall be paid fees in the amounts laid down in the tariff approved by the Council of Ministers."

3. Paragraph 4 is hereby repealed.

4. Paragraph 5 shall be amended as follows:

"(5) the Agency of Geodesy, cartography and cadastre receives a royalty-free data under art. 54. "

§ 4. In art. 9, para. 1, after the words "the investment design" is added "with funds of the municipalities of own revenue" and a comma.

§ 5. In art. 10, para. the words "may have" is replaced by "create", and finally "be added in other localities."

§ 6. In art. 12 make the following amendments and additions:

1. In paragraph 5, after the word "records" and "be added to the documents and data ' and the words ' the Council ' shall be replaced by" Minister of investment design. "

2. Create is 11 and 12:

11. keep a log of the specialized maps and registers;

12. draw up and maintain a balance in the territory. "

§ 7. In art. 13 make the following amendments and additions:

1. The current text becomes paragraph 1 and after the words "set with" insert "or" this law.

2. a para. 2:

(2) Services of Geodesy, cartography and cadastre carried out administrative services and outside their designated areas on the schedule set by the Executive Director of the Agency of Geodesy, cartography and cadastre.

§ 8. In art. 16 the following endorsements are added:

1. In paragraph 8. 1, after the words "under this Act" there shall be added "or acquired competence in accordance with the legislation of a Member State of the European Union, the other State party to the agreement on the European economic area or the Swiss Switzerland corresponding to the requirements of the law for the recognition of professional qualifications, and the availability of legal capacity acquired under this Act".

2. a para. 4:

"(4) in cases of temporary or one-off provision of services in the field of cadastre by nationals of a Member State of the European Union, the other State party to the agreement on the European economic area or the Swiss Switzerland apply part two of the law for the recognition of professional qualifications and the law for the provision of services."

§ 9. In art. 17, al. 1 make the following amendments and additions:

1. point 1 shall be amended as follows:

"1. a natural person who is a national of a Member State of the European Union, the other State party to the agreement on the European economic area or the Swiss and Switzerland:

(a)) has a university degree in surveying with the academic title master or a recognised professional qualification in geodesy according to the order of the law for the recognition of professional qualifications, if it is a national of a Member State of the European Union, the other State party to the agreement on the European economic area or the Swiss Switzerland;

(b) have at least two years) experience in the field of cadastre, respectively in the field of Geodesy or cartography;

in) has not been convicted of an indictable offence deliberately to imprisonment unless it is vindicated; ".

2. In paragraph 2 the word "Bulgarian" and is deleted after the words "legal person" is added "registered under the commercial law or under the legislation of a Member State of the European Union, the other State party to the agreement on the European economic area or the Swiss Switzerland".

§ 10. In art. 19 the following amendments and supplements shall be made:

1. a new paragraph. 2:

"(2) the entry in the register under art. 12, point 8 shall be carried out without conducting the procedure under art. 18, when a natural or legal person has acquired the capacity to carry out activities on Cadastre under the relevant legislation of the Member State of the European Union, the other State party to the agreement on the European economic area or the Swiss Switzerland corresponding to the legal capacity acquired under this law. "

2. The current paragraph. 2 it al. 3.

§ 11. The title of chapter III shall be replaced by the following: "Cadastre. Content of cadastral maps and cadastral registers. Areas of limitations ".

§ 12. In art. 23 the following endorsements are added:

1. In paragraph 2, after the word "construction" is added "and facility of the technical infrastructure, which is a private entity."

2. In paragraph 3, after the word "building" shall be inserted "or in a facility of the technical infrastructure.

§ 13. In art. 26 the following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "property, building" is added "facility of the technical infrastructure, which is a private entity," and after the words "and a private entity in building" insert "or in a facility of the technical infrastructure.

2. in the Al. 4 after the word "identifiers" insert "of the property and the number of the area of limitation" and the words "use" shall be replaced by "use".

§ 14. In art. 27 the following amendments and supplements shall be made:

1. In paragraph 8. 1:

 a) points 1, 2 and 3 shall be read with the following adaptations:

"1. for land property: ID; borders and area, as defined by the geodetic coordinates of designating them for points; permanent use of the territory, a way of permanent use, address;

2. for building and facility of the technical infrastructure, which has a private object: identifier; limit and/or configuration of the building and facility; actual size determined by geodetic coordinates of the qualifying points; number of floors; purpose; address;

3. for the private object in a building or facility of the technical infrastructure: identifier; floor; configuration; number of levels in the object; area in the document; purpose; address; "

b) item 4 shall be:

"4. the data on State borders, the borders of administrative-territorial units, zemliŝnite borders and the borders of territories with the same enduring purpose."

2. paragraph 2 is repealed.

3. Al are created. 4 and 5:

"(4) the data referred to in para. 1 the geodetic data base, as well as data on ownership and other real rights over immovable property are described by metadata structures that contain data for accuracy, completeness and timeliness. Data and metadata shall be submitted in digital form, in the form of art. 12, item 5.

(5) the procedure for determining the addresses of real estate is determined by an Ordinance of the Minister of investment design. "

§ 15. In art. 28 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) the cadastral map and cadastral registers are made in digital, graphic and written and maintained in digital form. "

2. in the Al. 3 the word "Approved" is replaced by "Approved".

3. in the Al. 4 the word "basic" is deleted.

§ 16. In art. 29 the following endorsements are added:

1. In paragraph 8. 1 creating a t. 6:

"6. solo sites in buildings and in facilities of the technical infrastructure and IDs."

2. in the Al. 2, after the word "buildings" insert "and the facilities of the technical infrastructure.

§ 17. In art. 30 is made the following changes and additions:

1. In paragraph 8. 1 item 2 and 3 are amended:

"2. the points of the geodetic base;

3. the boundaries of the administrative-territorial units; ".

2. in the Al. 2:

a) in paragraph 1, after the word "property" is a comma, the words "and configuration" shall be deleted, and after the word "building" is added, and the facility of the technical infrastructure, which has a private object ";

b) item 5 is created:

"5. the sources of the data under item 2 and 3."

§ 18. In art. 31, the words "the use of the land estates" are replaced by "purpose of the territories, ways of permanent use and purpose of real estate".

§ 19. In chapter three are creating art. 31A:


"Art. 31. (1) in the cadastre reflecting areas and restrictions on real estate properties that arise from an easement or restriction on the basis of a law, an administrative act or a contract. For the areas of limitations shall keep a register.

(2) the data for the areas of limitations under para. 1 shall transmit to the Agency of Geodesy, cartography and cadastre pursuant to chapter six. The authorities and persons who provide data on the areas of restrictions are responsible for the timeliness and accuracy.

(3) the authorities and persons who create and maintain data for areas of limitations, provide them to the Office of Geodesy, cartography and cadastre in the location of the properties in the order determined by the Ordinance under art. 31.

(4) other bodies and persons may provide data under para. 1 after their reconciliation for the timeliness and accuracy of the bodies and persons referred to in para. 3. (5) limits areas receive a unique number for the territory of the State, which shall be given by the Office of Geodesy, cartography and cadastre.

(6) the data for the areas of limitations are described by metadata structures that contain data for accuracy, completeness and timeliness. Data and metadata shall be submitted in digital form, in the form of art. 12, item 5. The data for areas of limitations are part of the data in the computer systems of cadastre and land registry. "

§ 20. In the name of chapter IV, the words "Additional cadastral data ' shall be deleted.

§ 21. In art. 32 the following endorsements are added:

1. In paragraph 8. 1:

(a) in item 1) creates a letter "g":

"(g)) other objects defined in the normative act;"

b) item 3 shall be:

"3. outsource the development and adoption of specialized maps and registers."

2. Al are created. 4-8: "(4) the specialized maps and registers shall be adopted by the Commission, appointed by order of the contracting authority: Chairman – representative of the contracting authority, and members – representatives of the Department of Geodesy, cartography and cadastre, municipal administration and other interested persons.

(5) a copy of the accepted specialized maps and records shall be forwarded to the Agency of Geodesy, cartography and cadastre of the municipal administration and in digital form in the form according to art. 12, item 5. Information about the specialist cards are recorded in the register under art. 12, 11.

(6) Specialized maps and records can be stored and be made available by the Agency of Geodesy, cartography and Cadastre under the conditions and in accordance with procedures laid down by the Treaty.

(7) in the provision by the authorities or persons referred to in para. 1 the services of specialized maps and records, created on the basis of data of the cadastre, prior charge on the cadastral data of the Agency of Geodesy, cartography and cadastre in an amount fixed by the tariff referred to in art. 8, al. 2.

(8) changes in cadastral map under art. 51 are reflected in specialized cards. "

§ 22. In art. 33 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "information system" shall be replaced by "information systems" and after the word "Cadastre" insert "and the land registry".

2. paragraph 2 is repealed.

§ 23. Article 34 shall be replaced by the following: "art. 34. (1) the elements of the technical infrastructure, water areas and streams, green areas and other objects of public works in the urbanized territory are specialized maps for spatial planning.

(2) the Agency of Geodesy, cartography and cadastre and/or municipalities awarded the development of the specialized cards under para. 1. (3) development of specialized maps under para. 1 may be performed simultaneously or separately from the creation of cadastral maps and cadastral registers.

(4) the content and the procedure for establishing and maintaining the specialized maps for spatial planning shall be determined by an Ordinance issued by the Minister of investment design. "

§ 24. In art. 35, para. 3 the words "the media, including through" shall be deleted and the second sentence: "the disclosure by two national newspapers and the announcement of suitable locations with public access at the premises of the Office of Geodesy, cartography and cadastre, the municipality and the Town Hall are made in 5 days from its publication in the Official Gazette."

§ 25. Article 35 (a) shall be replaced by the following:

"Art. 35. (1) the cadastral maps and cadastral registers can be created for a single property or property group in the territories, for which there is no approved plan and cadastral maps and plans approved pursuant to the law on ownership and use of agricultural land Act and the restoration of ownership on forests and lands of the forest fund.

(2) the cadastral map and cadastral registries under para. 1 set up and at the request of the owner of the property on his behalf. "

§ 26. In art. 35 (b) is hereby amended as follows:

1. In paragraph 8. 2 the second sentence is deleted.

2. in the Al. 3 the words "civil procedure" shall be replaced by "administrative code".

§ 27. Art is created. 35 in:

"Art. 35. in establishing the cadastral maps and cadastral registers of territories occupied by linear objects, apply the procedure for the creation of cadastral maps and cadastral registers under art. 35. "

§ 28. In art. 37 following amendments and supplements shall be made:

1. In paragraph 8. 1, the words "of the National Revenue Agency ' shall be replaced by" more revenue to local administrations, "and finally a comma and add" contained in the stored records of them. "

2. paragraph 2 is repealed.

3. Al are created. 3 and 4:

"(3) the Ministry of regional development shall provide the Agency of Geodesy, cartography and cadastre data for name, personal identification number and permanent address of the individual to the needs of the cadastre.

(4) land registry departments provide available data in the registry books in digital or in writing. "

§ 29. In art. 38 following amendments and supplements shall be made:

1. In paragraph 8. 1:

(a)) in the text before paragraph 1 the word "respectively" is replaced by "(a) in the case of items 1, 3 and 4 and";

b) in paragraph 2, the words "at his own expense with regulated" are replaced by "the";

c) in paragraph 3, after the words "art. 35, para. 2 "insert" respectively under art. 35 (b), para. 2. "

2. a para. 3:

"(3) for the implementation of relevant obligations under para. 1, item 1, 2 and 3 shall issue a document certifying the person designated by order under art. 35, para. 2, respectively, under art. 35 (b), para. 2. "

§ 30. Article 40 shall be replaced by the following:

"Art. 40. the costs for removal of shortcomings or errors in the cadastre shall be borne by the payers in the case of: 1. the failure to fulfil obligations under art. 36 and art. 38, para. 1-3;

2. missing or inaccurate data reflected the properties that exist in the sources of art. 41. "

§ 31. In art. 41 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in paragraph 1, after the words "law on territorial and urban device ' is added" Spatial Planning Act ";

b) in paragraph 2 the words "photogrammetric and other ' shall be deleted;

in) is created item 3:

"3. contained in an approved cadastral maps and cadastral registers."

2. in the Al. 2:

a) in paragraph 3 the words "district administration" shall be replaced by "State property";

(b)) are being created so 5-7:

"5. the records of the revenue bodies to local administrations;

6. register of population – national database "population";

7. land registry departments. "

3. in the Al. 3 the words "preliminary estate lots" are replaced by "lots of art. 65, para. 3. "

4. a new para. 4:

"(4) in the absence of data in digital form for the scheduled acts Agency on geodesy, cartography and cadastre may entrust the conversion to digital form of the data of the books by entries in the volume required for the purposes of the cadastre.

5. The current paragraph. 4 it al. 5.

6. a para. 6:

"(6) where the data collected pursuant to para. 2 establish a duplicate property rights on other property right of more than one person for the same property in the cadastral reference directory of real estate are recorded data for all persons and documents. "

§ 32. In art. 41 and following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and in her words "photogrammetric and other ' shall be deleted.

2. a para. 2:

"(2) the performance of duties under art. 36 and art. 38, para. 1, item 1 – 3 is reflected by the person designated by order under art. 35, para. 2, respectively, under art. 35 (b), para. 2. "

§ 33. In art. 42, para. 1 the word "basic" is deleted.

§ 34. In art. 43, para. 1 make the following amendments and additions:

1. In paragraph 5:

(a)) in the text before the letter "a" after the word "property" is added after "analyzing data";

b) in paragraph (a), the words ' acts under art. 38, para. 1, item 3 "shall be replaced by" right to property ";

in) a new letter "b":

"(b)) of the existing spot materialized borders when are not marked in accordance with paragraph (a);

d) current (b) becomes (c);

e) current (c) becomes point (d) and in her words "the image on the ' shall be deleted;

is current) point (d) shall become subparagraph (a) (e).

2. an item 6:

"6. the outlines of buildings and structures: a) of existing on site condition;

(b)) by an approved cadastral map;

c) of plans and maps under art. 41, para. 1, item 1. "

§ 35. In art. the following 44 amendments:

1. Paragraph 1 shall be amended as follows:

(1) the outline of objects in buildings and in facilities of the technical infrastructure shall be established under the securities acts of the property, and in the absence of sufficient data in them and through the description of the place. "

2. a new paragraph. 2:

"(2) the Deposit referred to in art. 29, para. 2 are produced in the production of cadastral maps and cadastral registers. "

§ 36. Art is created. 44A:

"Art. 44. (1) in the creation of cadastral maps and cadastral registers the person designated by order under art. 35, para. 2, respectively, under art. 35 (b), para. 2 make a proposal to remove discrepancies resulting from the merge of the data under art. 41, para. 1.

(2) Proposals by al. 1 shall be examined by the Commission under art. 47, para. 1.


(3) the decision of the Commission under para. 2 shall be recorded in the cadastral map and cadastral registers of the person designated by order under art. 35, para. 2, respectively, under art. 35 (b), para. 2, before adoption of the cadastral map and cadastral registers. "

§ 37. In art. 45 establishes the second sentence: "Receiving Committee shall meet within 30 days of presentation of the reference materials and documents."

§ 38. In art. 47, para. 1, after the words "and representatives of the" insert "the Ministry of agriculture and food, the Executive forest Agency and others.

§ 39. In art. 48, para. 2 the number "60" is replaced by "45".

§ 40. In art. 49 following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the second sentence: "the warrant is issued within 14 days from the reception of the cadastral map and cadastral registers."

2. Paragraph 3 shall be repealed.

3. Paragraph 4 is replaced by the following:

"(4) the order under paragraph 1. 1 may be appealed by the owners and holders of other rights in rem in immovable property, as well as of the bodies with a special law was entrusted with the conservation and control of protected areas. "

4. Paragraph 6 is hereby repealed.

5. Al are created. 7, 8 and 9:

"(7) the Agency of Geodesy, cartography and cadastre within 7 days after the expiry of the period referred to in para. 2 inform the Minister of Justice entered into force the cadastral map and cadastral registers for the territory concerned.

(8) the Agency of Geodesy, cartography and cadastre within 7 days of the promulgation of the order under paragraph 1. 1 in State Gazette shall notify the Minister of agriculture and food and the Mayor of the municipality that are approved cadastral map and cadastral registers for the territory concerned.

(9) For the parts of cadastral maps and cadastral registers created by the order of art. 41, para. 1, item 1, the order under paragraph 1. 1 subject to appeal only on the inconsistencies with the data from the plans and maps used in their creation. "

§ 41. In art. 49 and following amendments and supplements shall be made:

1. In paragraph 8. 1, first sentence, the words "civil procedure" shall be replaced by "administrative code".

2. in the Al. 3 creating the second sentence: "the warrant is issued within 7 days of receipt of the objections in the cadastral map and cadastral registers."

3. in the Al. 4 after the word "Order" is added "under para. 3 ", the words" civil procedure "shall be replaced by" administrative code "and the words" 7 days "are replaced by" 14 days of its notification.

4. in the Al. 5 the word "apply" shall be replaced by ' apply ' and the words ' the provisions of art. 46, para. 3 and art. 49, para. 4 and 5 ' shall be replaced by ' the provisions of art. 49, para. 4. "

5. Al are created. (6) and (7): "(6) the order approving the cadastral maps and cadastral registers shall enter into force after expiry of the period referred to in para. 4 for properties for which there are no complaints.

(7) the Office of Geodesy, cartography and cadastre within 7 days of the issuance of the order under paragraph 1. 3 notify the municipal administration, municipal office for agriculture and the registry office in the place in which the property being approved cadastral maps and cadastral registers. "

§ 42. Article 49 b shall be amended as follows:

"Art. 49 (b). After the approval of the cadastral maps and cadastral registers for the territory concerned to issue instruments which recognise or transfer the ownership of, or shall be established, transfer, modify or terminate other property right on the real estate, or mortgage shall be established, requiring sketches of the cadastral map and schemes of independent sites in buildings or facilities of the technical infrastructure or sketches in the cases of art. 52, para. issued by the Agency of Geodesy, cartography and cadastre.

§ 43. Art is created. 49 c:

"Art. 49. (1) for the implementation of the enforceable judgment which rescinds an order under art. 49, para. 1 or under art. 49 a, para. 3 for one or group property, issued an order approving the cadastral maps and cadastral registers of: 1. the Executive Director of the Agency of Geodesy, cartography and cadastre or opravamoŝen by him head of the Office of Geodesy, cartography and cadastre – in the cases under art. 35, para. 1 and art. 35 (b), para. 1, item 2;

2. the Chief of the Office of Geodesy, cartography and cadastre – in the cases under art. 35 (b), para. 1, item 1.

(2) the order under paragraph 1. 1 shall be communicated to the persons under administrative code and subject to appeal within 14 days of its notification to the Administrative Court of the location of the property. "

§ 44. Article 51 shall be replaced by the following: "art. 51. (1) the Cadastral maps and cadastral registers shall be maintained in good standing, be amended to establish: 1. changes in the data for the objects of the cadastre, which occurred after the entry into force of the cadastral maps and cadastral records;

2. shortcomings or errors.

(2) amendments to the cadastral maps and cadastral registries under para. 1 shall be carried out by the Office of Geodesy, cartography and cadastre in the location of the property.

(3) amendments to the cadastral maps and cadastral registers shall be carried out at the request of the owner, any other person, where this is provided for in law or on the basis of officially received information from the Department or municipality.

(4) amendments to the cadastral maps and cadastral registries under para. 1, item 2 of territories in which more than 50 land property, may be carried out at the request of the Mayor of the municipality.

(5) for making amendments to the cadastral map project is produced in digital form, in the form of art. 12, item 5 and in graphic form, in which the newly formed estate are individualized with borders and identifier. The project is made by a certified person in the cadastre.

(6) in the event of a change of borders of land properties and outlines of buildings, for creating new objects of the cadastre as well as to supplement the gaps or correct mistakes in the cadastral map project under para. 5 contains data from geodetic measurements.

(7) the movements of the spoils as a result of natural disasters do not alter the boundaries of the land cadastre, property, except in the cases provided for in law. "

§ 45. Article 52 shall be amended as follows:

"Art. 52. (1) the Office of Geodesy, cartography and cadastre issues a sketch-project on the basis of a draft amendment of the cadastral map and cadastral registers in cases of:

1. Division;

2. the expropriation of part of the land, as well as customisation of estate planning under art. 16 of the law on spatial planning;

3. change of borders by mutual consent of the owners or by the Assembly of the landed properties of different owners;

4. supply of Act for acquired barred an ownership or other property right over immovable property;

5. Article 10, para. 7 of the law on ownership and use of agricultural land for the issue of a title deed to land restored the right of ownership;

6. Article 19, para. 6 of the law on ownership and use of agricultural land for the issuance of decisions to recover ownership of landed property;

7. customisation of property that are the subject of a transfer, alienation or acquisition of a right of ownership or other property right.

(2) the change in the cadastral map and cadastral registries under para. 1 is carried out after the entry of the data of the registered deed by the procedure of art. 86, para. 1. "§ 46. Article 53 shall be amended as follows:

"Art. 53. (1) the amendments to the cadastral reference directory of real estate shall be made on:

1. the emergence of new or changing the data to be saved;

2. the reason for dropping out of the recording, made in the case of al. 2 and art. 41, para. 6;

3. determination of a discrepancy between the data in the register of real estate the cadastral reference and source attesting to the data.

(2) the existence of property rights against, respectively, of the other property right of more than one person for the same property in the cadastral reference directory of real estate are recorded data for all persons and documents.

(3) the amendments referred to in para. 2 shall be communicated by the procedure of the administrative code of all stakeholders within three days from the date of the performance. "

§ 47. Art is created. 53A:

"Art. 53. The amendments to the cadastral maps and cadastral registers shall be carried out without an order in the cases under art. 52 and 53, as in:

1. implementation of the enforceable judgment;

2. splitting, joining or changing of the boundaries or lines between adjacent property owned by the same person;

3. application of new, as well as splitting, joining or deletion of existing buildings or independent sites in buildings or facilities of technical infrastructure;

4. re-setting of the coordinates of the border points of land under conditions determined by the Ordinance under art. 31. "

§ 48. Article 54 shall be amended as follows:

"Art. 54. (1) the Incompleteness or error shall be supplemented or corrected by the services of Geodesy, cartography and cadastre based on the documentary evidence and the draft amendment of the cadastral map and cadastral reference directory of real estate.

(2) where the incompleteness or error is related to a dispute over substantive law, it is reflected in the composite sketch, and is removed in the cadastral map and cadastral registers of real estate based on sketch-project after the settlement of the dispute through the courts.

(3) shall not be considered as incompleteness or error in the difference in the cadastral map coordinates of a point on the boundary determined by the cadastral map and by geodetic measurements when it is less than the limit determined by the Ordinance under art. 31.

(4) amendments to the cadastral maps and cadastral registers of real estate in the removal of incompleteness or error shall be approved by an order of the head of the Department of Geodesy, cartography and cadastre in the location of the property. The order shall be accompanied by a sketch project. Order of approval of the amendment shall be communicated by the procedure of the administrative code of the persons whose rights are affected by the amendment.


(5) in the cases of art. 51, para. 4 amendments to the cadastral maps and cadastral registers of immovable property shall be approved by an order of the Executive Director, which is announced to the persons concerned by the procedure of art. 35, para. 3.

(6) Orders under para. 4 and 5 may be appealed pursuant to the administrative code in front of the Administrative Court of the location of the property. "

§ 49. In chapter six is created art. 54A:

"Art. 54. (1) the courts shall provide the Department of Geodesy, cartography and cadastre of property in which a certified copy of the judgment under art. 43, para. 3 or a decision under art. 54, para. 2 within 30 days of their entry into force. The owner provides a sketch-project to determine the boundaries of the Geodesy, cartography and cadastre, made by an adult person.

(2) the owner, respectively, the contracting authority is required to provide the Office of Geodesy, cartography and cadastre data for established, additional, pristroenite buildings, buildings under the surface of the Earth, for preustroenite or removed buildings to private objects in buildings and in facilities of the technical infrastructure, as well as for the areas of restrictions under the conditions and by an order determined by the Ordinance under art. 31. (3) a building or facility of the technical infrastructure with a private entity, as well as structures that create areas of limitations shall not bring into operation before the owner, respectively, the contracting authority, to submit a certificate from the Office of Geodesy, cartography and cadastre that is fulfilled the obligation under paragraph 1. 2 and the data subject to coverage, are mapped to the cadastral maps and cadastral registers.

 (4) the Agencies and municipalities provided within 7 days of the Geodesy, cartography and cadastre, the amendments to the main cadastral data under art. 27, al. 1 and 3.

§ 50. In chapter six is created art. 54 (b):

"Art. 54 (b). When the administrative act or a judgment set aside made amendment of the cadastral map and cadastral registers of real estate, the Office of Geodesy, cartography and cadastre recovers data in cadastral map and cadastral reference directory of real estate in their status before the amendment of art. 53A without issuance of a warrant. "

§ 51. In chapter six is created art. 54 in:

"Art. 54. the Office of Geodesy, cartography and cadastre shall inform the land registry Department of the amendments under this chapter by the information system referred to in art. 7, para. 1. "

§ 52. Article 55 shall be amended as follows:

"Art. 55. (1) the Agency of Geodesy, cartography and cadastre carried out on demand service with data from the cadastral map and cadastral registers, providing official documents and reports in electronic form and/or in written and graphic form.

(2) the official documents are drawings, diagrams, sketches, extracts from cadastral map and/or by cadastral registers, certificates and copies of information and materials.

(3) the official documents under para. 2 shall be issued by the head of the Department of Geodesy, cartography and cadastre and the Executive Director of the Agency of Geodesy, cartography and cadastre or authorised by him for employees throughout the country.

(4) official documents and reports can be issued through remote access to the information system of cadastre.

(5) the plans and schemes referred to in para. 2 submitted via remote access to the information system of cadastre and land register of notary required for the notary proceedings, have the power of an official document, issued by the Agency of Geodesy, cartography and cadastre.

(6) for the search and examination of the cadastral map by remote access to information system of cadastre and land registry fee shall not be paid. "

§ 53. Article 56 is repealed.

§ 54. In art. 57 al. 1 shall be amended as follows:

(1) the data provided by the Agency of Geodesy, cartography and cadastre, enjoyed only by the person to whom the service is provided, and in a one-off procedure. "

§ 55. Article 58 shall be amended as follows:

"Art. 58. (1) detailed rules for the provision of services, as well as the type, format and content shall be determined by an Ordinance issued by the Minister of investment design.

(2) the content and the requirements for the drawing up of the balance sheet under art. 12, t. 12, as well as the procedure for their provision shall be determined by order of the Minister of investment design.

(3) the Agency of Geodesy, cartography and cadastre provides royalty-free for use, cadastral data of departments and municipalities for the performance of their powers, deriving from the law, with the exception of the cases referred to in para. 4. the provision of the data is done through the information system of cadastre.

(4) the Departments and municipalities in the provision of administrative services with the data of the cadastre shall pay the Agency in geodesy, cartography and cadastre in the tariff charges set out under art. 8, al. 2.

(5) the Agency of Geodesy, cartography and cadastre provides royalty-free data points of the geodetic basis through the cadastral information system. "

§ 56. In art. 65 creates al. 3: "(3) pending the entry into force of the order under art. real estate leads batch 73 whether a property has created identifier. "

§ 57. In art. 71 is hereby amended as follows: 1. The first subparagraph of paragraph 1 shall be repealed.

2. paragraph 2 is replaced by the following:

"(2) in a real estate transaction at the same time the judge entered the registry shall prepare a batch of art. 65, para. 3 of the property and records in the underlying Registration Act her number. "

3. in the Al. 3 the words "preliminary batches" are replaced by "lots of art. 65, para. 3. "

§ 58. Article 72 shall be repealed.

§ 59. In art. 73 is hereby amended as follows: 1. Paragraph 1 shall be amended as follows:

(1) after the entry into force of the order under art. 49 a, para. 3 and after the approval of the cadastral map and registers for the territory concerned, the Minister of Justice issued an order by which announces the introduction of the land register for the territory. The order shall be published in the Official Gazette. "

2. paragraph 2 is repealed.

§ 60. In art. 74 is hereby amended as follows: 1. Paragraph 1 shall be amended as follows: (1) to the promulgation of order under art. 73 entries shall be carried out in the previous row, draw lots of art. 65, para. 3. in the Registration Act to be recorded and the batch number of the property. "

2. paragraph 2 is repealed.

§ 61. Article 75 shall be replaced by the following: "art. 75. The procedure for the establishment of a land register following the entry into force of the order under art. 73 shall be determined by the Ordinance under art. 5, al. 3. "

§ 62. In art. 76, para. 2 the words "art. 54, para. 3 "shall be replaced by" art. 54 in.

§ 63. In art. 77 following amendments and supplements shall be made:

1. In paragraph 8. 2 paragraph 1 shall be replaced by the following:

"1. a sketch of the cadastral map, and for independent object in a building or in a facility of the technical infrastructure – scheme; When Registration Act implies the formation of new or modified properties, apply a sketch project of the cadastral map and cadastral reference register of immovable property; ".

2. a para. 3:

"(3) upon entering a foreclosure to the application for registration shall apply and report according to art. 55, para. 4. "

§ 64. In chapter eleven creates art. 91 (a):

"Art. 91. the Office and the registry through the information system referred to in art. 7, para. 1 notify the Office of Geodesy, cartography and cadastre for each entry in the land register. "

§ 65. In art. 94 create al. 4 and 5:

"(4) the Minister of planning and investment, the Minister of Justice tabled annually in the Council of Ministers a report on the implementation of the programmes referred to in paragraph 1. 2.

(5) the Council of Ministers shall submit annually to the Assembly a report on the activity of creating, maintaining, updating and storing of cadastre and land registry. "

§ 66. In art. 96 is hereby amended as follows:

1. In paragraph 8. 1:

(a)) in the text before paragraph 1 the figure "10" is replaced by "100" and the number "400" is replaced by "1000";

b) in paragraph 3 the words "art. 52, para. 4 "shall be replaced by" art. 54 (a), para. 2. "

2. in the Al. 2: a) on the text before point 1 the number "400" is replaced by "1000" and the figure "1000" shall be replaced by "5000";

b) in paragraph 3 the words "art. 52, para. 5 ' shall be replaced by "54 a, para. 3. "

§ 67. In art. 97 is hereby amended as follows:

1. In paragraph 8. 1 the figure "50" is replaced by "1000" and the figure "1000" shall be replaced by "5000".

2. in the Al. 2 figure "2000" is replaced by "5000" and the number "5000" is replaced by "10 000".

§ 68. In § 1 of the additional provisions are made the following amendments and additions:

1. point 1 shall be amended as follows:

"1." private object in a building or in a facility of the technical infrastructure "is designated with the surrounding part of the building or facility which has self-functional purpose;".

2. point 5 shall be replaced by the following:

"5." area "is the area defined on the basis of the geodetic coordinates of points defining the borders of the land plots, buildings;".

3. Point 8 is replaced by the following:

"8." points of the geodetic basis "are the points from the State geodetic network of geodetic networks with local and of the geodetic basis;".

4. Point 11 is replaced by the following:

"11." combined "sketch was a sketch in which are reflected reciprocally incorporated data from two or more sources: cadastral map, cadastral plans, regulation plans, development plans, geodetic measurements, specialized maps, areas of limitations, as well as maps and plans approved pursuant to the law on ownership and use of agricultural land Act and the restoration of ownership on forests and lands of the forest fund;".

5. Point 13 shall be replaced by the following:

"13." stakeholders "are the owners and holders of other rights in rem over real estate and, in the case of rights of government agencies and municipalities – which have been granted rights;".

6. Create is that 16-20:

"16." shortcomings or errors "are the discrepancies in the data on real estate in the cadastral map and cadastral reference directory of real estate against the actual situation at the time of approval of the cadastral maps and cadastral records;


17. "area under art. 35, para. 2, art. 45 and art. 49, para. 1 "is part of the village, village, district or part of the area under art. 10 of the law on administrative-territorial unit of the Republic of Bulgaria, consisting of more than 50 neighboring landed property;

18. "limit" is the line separating land and/or buildings defined by sequentially ordered points with coordinates;

19. "configuration" is a line connecting pieces arranged points defined by geometric constructions;

20. "area of limitation" is a closed loop, which fall within the scope of one or more landed property or parts thereof, for which a restriction has been introduced in the use or carrying out of activities, or representing servitutna Strip within the meaning of § 5, item 33 of the additional provisions of the law on the territory. "

§ 69. In the transitional and final provisions the following amendments and supplements: 1. In paragraph 4:

(a)) in the Al. 1:

AA) in paragraph 2, after the word "device" and "be added in accordance with § 40 of the transitional and concluding provisions of the law amending and supplementing the law on cadastre and land register (SG. 36/04) ";

BB) in paragraph 3 the words "municipal offices for agriculture and forests" are replaced by "the municipal offices on Agriculture";

BB) point 4 is replaced by the following:

"4. the data referred to in art. 54 (a), para. 2 provide the municipal administration, which issues the certificate referred to in art. 54, para. 3 ";

(b)) in the Al. 3 the words "Municipal Office for agriculture and forests" are replaced by "the Municipal Office for agriculture".

2. paragraph 5 shall be amended as follows:

㤠5. (1) Regulated landed property in respect of which the regulation is annexed shall be reflected in the cadastral map in accordance with its regulatory lines such as landed property.

(2) until the entry into force of the property register of territories with approved cadastral maps and cadastral registers the presentation of established Act in the Office of Geodesy, cartography and cadastre is considered performance art. 86, para. 1. "

3. § 6 para. 1 the comma after the word "GEODESIC" and the words "photogrammetric and other ' shall be deleted.

4. Article 16 shall be amended as follows:

"§ 16. For the creation of a land registry, the Minister of Justice: 1. ensure the implementation of the software for the preparation of the accounts referred to in art. 65, para. 3;

2. ensure the conversion to digital form on magnetic, optical or other technical medium of the data available in the registry books. "

Transitional and final provisions

§ 70. With the entry into force of the order approving the cadastral maps and cadastral registers for the territory concerned shall cease operation of the cadastrial plan and map of restituted property in terms of the main cadastral data.

§ 71. Annual programme for 2014, under art. 94, para. 2 shall submit to the Council within three months of the entry into force of this law.

§ 72. To the approval of the cadastral maps and cadastral registers throughout the country balances in the territory shall be drawn up by the Ministry of agriculture and food, in collaboration with the Ministry of investment design, the Ministry of environment and waters, the Executive forest Agency and municipal administration.

§ 73. In the law for Geodesy and cartography (promulgated, SG. 29 of 2006; amend., SG. 57 and 109 from the 2007 No. 36 of 2008, issue 19 and 74 from 2009/2010 77, 77/by 2012 and 66/109/2013) make the following amendments and additions:

1. In art. 8: a) in the Al. 2, second sentence, after the word "design" the comma is deleted and the words "fixed by the Minister" shall be replaced by the words "the Minister or designated person";

b) paragraph 3 shall be amended as follows:

"(3) in the composition of the Council of Geodesy, cartography and cadastre include Deputy Minister of regional development, Deputy Minister of defence, Deputy Minister of Internal Affairs, Deputy Minister of transport, information technology and communications, Deputy Minister of economy and energy, Deputy Minister of Justice, Deputy Minister of finance, Deputy Minister of agriculture and food and the Deputy Minister of environment and water or their representatives appointed by the relevant Ministers, the head of the military geographical service , Deputy Executive Director of the Executive forest Agency, as well as the Executive Director of the Agency of Geodesy, cartography and cadastre, Deputy Chairman of the State Agency for national security, a representative of the National Association of municipalities in Republic of Bulgaria and the President of the Chamber of engineers of Geodesy. "

2. In art. 14:

(a)) in the Al. 2 the word "present" is replaced by "divide and termed";

(b)) in the Al. 3, paragraph 1, after the word "defense" the word "with" shall be replaced by "and" and the words "and with the Chairman of the State Agency for national security" shall be deleted.

3. In art. 15 al. 2 shall be amended as follows:

"(2) Aerozasnemaneto shall be carried out by persons or entities in agreement with the Ministry of defence, Ministry of Internal Affairs, the State Agency for national security, the Ministry of Foreign Affairs and the Ministry of transport, information technology and communications."

4. In art. 18, al. 3, after the word "design" shall be added "or an official designated by him".

5. In art. 22:

(a)) in the Al. 3 the words "art. 6, al. 2, item 1 "shall be replaced by" art. 8, al. 2 of the law on cadastre and land register ";

(b)) paragraph 5 shall be repealed.

6. In art. 23 al. 3 is repealed.

§ 74. In the law on the protection of classified information (promulgated, SG. 45; since 2002, Corr issue 5 of 2003; amend., no. 31 of 2003, issue 52, 55 and 89 in 2004, no. 17 and 82 of 2006, issue 46, 57, 95 and 109 from the 2007 No. 36, 66, 69 and 109 in 2008, issue 35 , 42, 82 and 93 from 2009, PCs. 16 and 88 from 2010, PC. 23, 48 and 80 by 2011. 44 and 103 by 2012 PCs. 52 and 70 in 2013) in annex 1 to the art. 25 the following modifications are made: 1. in section I:

a) in item 5, the words "deployment (dislocation) and ' shall be deleted;

(b) in paragraph 18), the word "location" and the words "with the exception of those related to the safety of air navigation in a coordinate system WGS-84 ' shall be deleted.

2. in section II, point 21, the word "location" is deleted.

§ 75. In the law on ownership and use of agricultural land (official SG 17 of 1991; Corr, no. 20 of 1991; amend., 74/1991, no. 18, 28, 46 and 105 of 1992 No. 48 of 1993; Decision No. 12 of the Constitutional Court from 1993 – No. 64 of 1993; amend., no. 83 of 1993 , PC. 80 of 1994, PCs. 45 and 57 of 1995; decisions No 7 and 8 of the Constitutional Court from 1995 – PCs. 59 of 1995; amend., SG. 79 of 1996; Decision No 20 of the Constitutional Court of the 1996 – PCs. 103 of 1996; amend., SG. 104 of 1996; Decision of the Constitutional Court No. 3 of 1997 – PCs. 15 of 1997; amend., SG. 62, 87, 98, 123 and 124 of 1997, PCs. 36, 59, 88 and 133 of 1998, PCs. 68. Since 1999, St. 34 and 106 of 2000 PCs. 28, 47 and 99 of 2002, PCs. 16 of 2003, PCs. 36 and 38 of 2004, PCs. 87. Since 2005, PCs. 17 and 30, 2006, issue. 13, 24 and 59 since 2007, PCs. 36 and 43 of 2008., PCs. 6, 10, 19, 44, 94 and 99 from 2009, PCs. 62 by 2010, PC. 8 and 39 from 2011, issue. 25 and 44 by 2012 PCs. 15, 16 and 66 by 2013, PCs. 38 by 2014) in art. 19, para. 6 the words "law on cadastre and land registry" shall be replaced by ' the regulation for implementation of the law ".

§ 76. The Water Act (promulgated, SG. 67 of 1999; amend., 81/2000, no. 34, 41 and 108 since 2001, issue 47, 74, and 91 of 2002, no. 42, 69, 84, and 107 since 2003, issue 6 and 70 by 2004, issue 18, 77 and 94 since 2005, issue 29, 30, 36 , 65, 66, 105 and 108, 2006, issue. 22 and 59 since 2007, PCs. 36, 52 and 70 of 2008, PCs. 12, 32, 35, 47, 82, 93, 95 and 103 of 2009, PCs. 61 and 98 of 2010, PC. 19, 28, 35 and 80 by 2011. 45, 77 and 82 by 2012 PCs. 66 and 103 in 2013, PCs. 26 by 2014) in art. 155, para. 1, paragraph 1, after the words "technical services" insert "of the Commons" and the words "end of Commons ' are deleted.

§ 77. In the spatial planning Act (promulgated, SG. 1 of 2001; amend., SG. 41 and 111 since 2001, 43/2002, no. 20, 65 and 107 since 2003, no. 36 and 65 since 2004, no. 28, 76, 77, 88, 94, 95, 103 and 105 by 2005, issue 29, 30, 34, 37, 65, 76 , 79, 80, 82, 106 and 108, 2006, issue. 41, 53 and 61 of 2007, PC. 33, 43, 54, 69, 98 and 102 by 2008, PCs. 6, 17, 19, 80, 92 and 93 of the 2009 PCs. 15, 41, 50, 54 and 87 from 2010, PC. 19, 35, 54 and 80 by 2011. 29, 32, 38, 45, 47, 53, 77, 82 and 99 by 2012 PCs. 15, 24, 27, 28, 66 and 109 by 2013) in § 22 of the final provisions the following amendments and additions:

1. The current text becomes paragraph 1.

2. Al are created. 2 and 3:

"(2) when creating a digital form of a detailed plan of the graphical plan, if the regulatory line coincides with the cadastral borders, location of the regulatory line in digital form coincides with the location of the cadastral boundary in numerical form.

(3) in place of tracing of regulation, which in a detailed development plan coincides with the cadastral boundary if you get differences materialized cadastral boundary within a tolerable accuracy determined in accordance with the law on cadastre and land registry, cadastral materializiranata limit is the breadcrumb regulation. "

The law was adopted by the 42nd National Assembly on 29 may 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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