Name of law
Law amending the Law on municipal property




Name Bill
Bill amending the Law on municipal property





Date of adoption
03/02/2011



Number / year Official Gazette
15/2011








DECREE № 22 Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Act amending the Municipal Property Act adopted by HLI National Assembly on February 3, 2011 || | Released in Sofia on February 8, 2011
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on municipal property (prom. SG. 44 of 1996 .; amend. And suppl. Pcs. 104 1996 SG. 55 of 1997, pcs. 22 and 93, 1998, issue. 23, 56, 64, 67, 69 and 96 of 1999, pcs. 26, 2000, issue. 34 2001 pcs. 120 of 2002 pcs. 101 of 2004, pcs. 29, 30 and 36 of 2006, pcs. 59, 63 and 92 of 2007, pcs. 54, 70 and 100 in 2008, pcs. 10, 17, 19 and 41 of 2009 and SG. 87 of 2010)
§ 1. In art. 8, para. 9 made the following amendments:
1. Create a new item. 5 and so on. 6:
"5. sites for the construction of which require the expropriation of private property;
6. sites under p. 5 essential; ".
2. Previous item. 5 becomes item. 7.
§ 2. In art. 14 be made the following amendments:
1. In para. 2, first sentence after the word "competition" is added "unless the law provides delivery bike to be carried out without tender or competition."
2. In para. 6, the first sentence after the word "competition" is added "health, educational and social activities to meet the needs of the population as well." 3
. Paragraph 7 is amended as follows:
"(7) Vacant properties or parts of them - public municipal property can be leased for up to 10 years under the terms and conditions of par. 2 following a decision by the municipal council. Parts of properties - public municipal property, which are available for management under Art. 12 can be rented, provided they do not harm the activities for which the property was granted to management. "
§ 3. In art. 21 be made the following amendments:
1. In para. 1 after the words "public municipal property" insert "or approved detailed plan envisaging construction of projects of paramount importance - public municipal property, which has enacted an order allowing his pre-execution", the words "building other sites "are replaced by" in other cases "and then the word" cash "is added" or property. "

2. In para. 4 after the word "if" insert "before issuing the order of art. 25, para. 2 "and the words" return to "add" equivalent ". 3
. A new paragraph. 5:
"(5) In the cases under par. 4 the mayor submit a proposal to the municipal council for approval of the preliminary agreement reached with the owners of properties under par. 1 for a transaction to acquire ownership of the property or establishing limited real rights over them. "
4. Former para. 5 becomes para. 6.
5. Former para. 6 becomes para. 7 and in it the word "accept" is replaced by "approved".
6. Created al. 8 and 9:
"(8) Where the approved development plan envisages the construction of objects of paramount importance - public municipal property, the municipal council may order preliminary execution of the plan.
(9) expropriated to meet the needs of municipal property under par. 1, and property acquired under par. 4 are public municipal property. "
§ 4. In art. 22 be made the following amendments:
1. In para. 1 the words "property - private property" are replaced by "property under Art. 21, para. 1 ".
2. In para. 3, 'the assessments of "are replaced by" the determination of equitable monetary compensation for "and the words" real estate appraiser "are replaced by" assessors that meet the requirements of the independent evaluators. " 3
. Paragraph 4 is repealed.
4. Paragraph 5 shall be amended as follows:
"(5) The amount of equitable monetary compensation for the properties earmarked for expropriation shall be determined according to their specific purpose, which had before entry into force, respectively before the approval of the detailed plan of art. 21, para. 1 and on the basis of market prices of properties with similar characteristics located near the expropriated property. "
5. Create a new paragraph. 6, 7, 8, 9, 10 and 11:
"(6) The specific purpose of landed properties regulated for development with previous detailed plan is their purpose, determined by the previous development plan in force before the entry into force respectively before the approval of the detailed plan of art. 21, para. 1.
(7) The specific purpose of landed properties regulated building sites - public state or public municipal property with the previous detailed plan that existed before the entry into force, respectively before the approval of the detailed plan of art. 21, para. 1 are not alienated according to the provisions of the previous plan, is their purpose defined in the detailed development plan in force before the entry into force of the plan envisages the construction of sites - public state or public municipal property.

(8) The amount of equitable monetary compensation under par. 5 on land included within the urban area according to the current master plan, which are not regulated for development with previous detailed plan is defined as a property not involving construction and comply with the established lasting way of actual use.
(9) In cases of art. 16 of the Law on Spatial Planning as a plan of art. 21, para. 1 provides for the expropriation of part of the unregulated land and the rest of the property part be regulated and it provides development, the size of the equivalent cash compensation is determined as the difference between the cost of alienation of the property and the increased value of the regulated part of the property.
(10) The amount of equitable monetary compensation is determined not earlier than three months prior to the issuance of the order of art. 25, para. 2.
(11) If the designated amount of equitable monetary compensation is less than the tax value of the property, compensation shall be paid in an amount equal to its tax assessment. "
6. Former para. 6 becomes para. 12 and there in the text before item. 1 the words "similar" be replaced by "similar".
7. Former para. 7 becomes para. 13.
8. Former para. 8 becomes para. 14 and amended as follows:
"(14) No compensation for illegal constructions in landed property - subject to expropriation."
§ 5. A new art. 23:
"Art. 23. (1) Where a term of art. 21, para. 1 provides alienation of unregulated land outside urban areas that are undeveloped farmland or forest areas, compensation can be made with agricultural lands of municipal land fund, respectively - with forest areas, municipal property, similar in origin and function of expropriations property if the land, which fall earmarked for expropriation property has equivalent free municipal property of the same kind for compensation for all property owners affected by the plan, following a decision of the municipal council on the proposal of the mayor.
(2) The proposal under par. 1 mayor of the municipality submits draft plan for compensation, which determine the properties subject to expropriation - by type, location, size, permanent usage and value of each property and comparable properties - municipal property offered for compensation - by type, location, size, permanent usage and value of the property, taking into consideration the location of the property subject to expropriation, in place of the territory.

(3) In the cases under par. 1 property valuation, subject to expropriation and property - municipal property shall be carried out under Art. 22, para. 12 pt. 2 and 3. The difference in the value of the expropriated property and the property - municipal property, granted in compensation, it can be more or less than ten percent. When the value of municipal property is less than the value of expropriations, the difference in value is paid in cash compensation.
(4) Based on the decision of the municipal council the mayor issued an order under Art. 25, para. 2 expropriation of the respective properties under par. 1 in compliance with the requirements of Art. 25, para. 1.
(5) The property is considered to be alienated from the date of entry into force of the order under par. 4. From the entry into force of the expropriation order the expropriated owner acquires ownership of the granted compensation in municipal property.
(6) Following the entry into force of the expropriation order an act for municipal ownership of expropriated property that fits in the land registry on his property batch and order under par. 4 fits in the land registry file of the property granted in compensation.
(7) If within six months from the entry into force of the order under par. 4 municipality does not pay due monetary compensation for the difference in value under par. 3, the owner of the expropriated property have rights under Art. 29, para. 6.
(8) The provisions of par. 1 shall not apply when the property earmarked for expropriation is a size smaller than 3 acres of fields, 2 acres of meadows, 1 ha for perennial plants and 1 ha of forest.
(9) The provisions of par. 1 shall not apply in cases where non-regulated real estate within the territories provided for in current plans for expansion of the construction boundaries of existing urban areas - settlements and settlement formations or to create new settlements are regulated by detailed plan of art. 16 of the Law on Spatial Planning.
(10) In the cases under par. 8 owners be compensated by an equivalent cash compensation determined in the terms and conditions of Art. 22. "
§ 6. In art. 25 be made the following amendments:
1. In para. 1:
a) in item. 1 after the word "force" is added "respectively approved" and the words "the construction of the subject - public municipal property" shall be replaced with "under Art. 21, para. 1 ';
B) pt. 4 after the word "compensation" insert "and for property damages - the type, location, size, method of permanent use and value of the property granted in compensation and the amount of monetary compensation for the surcharge for difference in property values. "

2. In para. 2 after the words "the allowance" insert "and for property damages - the type, location, size, method of permanent use and value of the property granted in compensation and the amount of monetary compensation for the surcharge for difference in property values" .
§ 7. In art. 29 create par. 7 and 8:
"(7) for annulment of the expropriation order may be brought within three months of expiry of the period under par. 6 if by bringing them due monetary compensation plus interest is not paid on account of the property owner.
(8) If the term under par. 7 does not claim a cancellation of the expropriation order in this period due monetary compensation plus interest is not paid on account of the property owner, the expropriation order be annulled. "
§ 8. A new art. 30:
"Art. 30. (1) Where a building permit to build an object of primary importance - public municipal property, and specified in the order of art. 25, para. 2 compensation is paid on account of the owners, the municipality can take possession of the property or parts thereof representing undeveloped farmland or forest areas before the entry into force of the order of alienation, and to start construction after payment of monetary compensation affected owners.
(2) Where the property is agricultural land, compensation under par. 1 includes the 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.
(3) Where the property is forest area, compensation under par. 1 includes the 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.
(4) Before taking possession of the property drawn-inventory on the actual condition of a commission appointed by the Mayor of the municipality, which includes representatives of the municipality, appraiser and the property owner or his authorized representative. 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.

(5) The order under par. 4 handed over to the owner of the property under 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 determining the compensation at the expense of the municipality.
(6) The mayor shall issue an order which determines the amount of compensation due 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 14 days after service of the order and before entering into possession of the property.
(7) The order under par. 6 handed over to the owner of the property under the Administrative Code. The owner may challenge the amount of compensation within 14 days after service of the order.
(8) In cases where the property owner can not be located or is unknown address, orders under par. 4 and 6 are published in the "Official Gazette".
(9) The court shall consider it and take a decision on the terms and conditions of Art. 27. 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. "
§ 9. In art. 31 be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) If, within three years, and the objects of the utmost importance - in the 5-year period from the alienation of property construction of the facility has not begun, and in cases where the approved detailed plan envisaging construction of projects of paramount importance - public municipal property shall be canceled by the court and the new enacted detailed development plan does not affect estranged already property, at the request of the former owner of the property the mayor canceled the expropriation order after recovery of compensation received. "
2. In para. 2 the word "case" is replaced by "cases". 3
. A par. 4:
"(4) Application for annulment of the expropriation order may be filed within three months from the expiry of the relevant periods under par. 1, respectively - from the entry into force of the new development plan. "
§ 10. In art. 33 after the word "proceedings" a comma and added "benefits and the acquisition of property and property rights."
§ 11. In art. 37 para. 2 is amended as follows:

"(2) The decision under par. 1 municipal council may authorize in a tender or competition to provide payment of the price of the right to build or part of it to be made by providing in municipal property objects in the new building or object to another building that property of the person for whom it is established right to build, or it can build on its own account another facility for the needs of the municipality. In these cases, the tender or competition shall be approved by the municipal council. The value of the objects provided in the municipal property can not be less than the cost of the building right or the relevant part of it. "
§ 12. In art. 38, para. 1 shall be added "and 2".
§ 13. In art. 40 made the following amendments:
1. In para. 1 the words "state" and the comma after they are deleted.
2. Paragraph 2 is amended as follows:
"(2) Except as specified in this Act, exchange of property - private municipal property, right to build on property - private municipal property, created in favor of the municipality the right to building a property or a right to build on property - owned by others, can be done:
1. to implement the obligations deriving from international treaties;
2. between the municipality and other municipality or between municipalities and the state; 3
. in other cases - under conditions and procedures specified by law. "
third. Paragraph 5 is repealed.
4. In para. 7, p. 2 the words "except in cases under par. 2 pt. 2 "are deleted.
§ 14. In art. 41 para. 2 is amended as follows:
"(2) of disposal of the estate or real rights over properties - municipal property, shall be made at market prices but not lower than their tax assessments. Market prices of property and property rights shall be determined by the municipal council based on market assessments by evaluators determined in accordance with Art. 22, para. 3, unless the law provides otherwise. The trigger prices in the conduct of auctions or tenders to dispose of property or real rights over properties - municipal property, can not be lower than the prices set by the municipal council. "
§ 15. In art. 46, para. 1 created item. 9:
"9. other grounds specified by the ordinance under Art. 45a para. 1. "
§ 16. In art. 49 para. 3 is repealed.
§ 17. In art. 52, para. 1 the word "activities" is replaced by "local activities and services" and then the word "budget" add "or extra-budgetary accounts and funds."
§ 18. In art. 58 made the following amendments:
1. Paragraph 4 is amended as follows:

"(4) The act of municipal ownership of property - state property transferred free of charge in municipal property by the state, as well as property acquired in municipal property by sale or by the state or through exchange between the municipality and the state, shall be established in accordance with paragraph. 1-3 after deletion from the act books of state property under the Law on State Property. Within 14 days of receiving the decision of the Council of Ministers for gratuitous transfer in ownership, respectively - by signing a contract of sale or exchange, the competent authority shall derecognise the property of act books of state property and transfer property of the municipality. "| || 2. A new paragraph. 5:
"(5) The act of municipal ownership of property - state property passed into the ownership of the municipality by law, shall be established in accordance with paragraph. 1 - 3. Within 7 days of receipt of a copy of the registered deed of municipal property the governor derecognised the property of act books of state property and transfer property of the municipality. "
§ 19. In art. 59 made the following amendments:
1. In para. 1, 'and the data of art. 61 "shall be deleted.
2. In para. 2 second sentence is deleted. 3
. Paragraph 4 is amended as follows:
"(4) newly established acts under par. 1 and 2, the provisions of Art. 58, para. 1 - 3. "
4. Paragraph 5 is repealed.
5. In para. 6 finally added "and the municipal agricultural offices."
§ 20. In art. 60 be made the following amendments:
1. A new paragraph. 2:
"(2) For newly established acts under par. 1, the provisions of Art. 58, para. 1 - 3. "
2. In para. 3 second sentence is deleted. 3
. A par. 5:
"(5) acts to repair municipal property acts under par. 3, the provisions of Art. 58, para. 1 and 2. "
§ 21. In art. 62 made the following amendments:
1. In para. 3, 'or composed new act, noting this fact "is replaced by" noting that it is written off and stating the reason for its deletion from the act books on municipal property. "
2. A par. 4:
"(4) certificate for the presence or absence of an act of municipal property for the presence or absence of claims for restitution and a certificate that the property is withdrawn from the act books for properties - municipal property fees shall be paid in amounts determined by the municipal council. "
§ 22. in additional provisions be made the following amendments:
1. In § 1:
a) Section 2 is amended as follows:

"2. "Market prices of properties with similar characteristics" are the average prices of all real estate transactions located near the expropriated property that are equally specific or predominant purpose, possess the same character of the building with the same or similar indicators of structure and development, and / or established permanent usage of the expropriated property for: purchase, exchange, establishment of property rights or transfer of property against liability for construction, mortgage, sales by auction of state and private bailiffs, public institutions and municipalities and other pecuniary transactions between individuals and / or entities 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 at the location of the property. If, within 12 months prior to the award of the assessment in the registry office at the location of the property are recorded over twenty transactions in determining the market price into account the latest recorded twenty transactions. "
B) Point 4 is repealed;
C) shall be created so. 5, 6, 7 and 8:
"5. "Increased value" is the price difference of the plot before regulation, and after the settlement or after a change of plan for regulation and construction plan in respect of the property.
6. "Objects of paramount importance": municipal roads, metros, tramways, roads of the primary road network, depots or other facilities for waste treatment, cemeteries and other sites - public municipal property specified in the program under Art. 8, para. 9 for objects paramount.
7. "Comparable properties":
a) outside urban areas are the properties that meet the characteristics and whose value is determined in the terms and conditions of Art. 23;
B) in urban areas are the properties difference in the values ​​of not more than ten percent are equally specific or predominant purpose are located within an urban area within the zone with the same or similar performance device and construction and have the same kind of construction.
8. "Properties with similar indicators of planning and construction" are the property of the same kind of development, in which the difference in the maximum density is not more than 5 percent. "
2. Paragraph 3 shall be repealed.
Transitional and Final Provisions
§ 23. (1) commenced at the date of entry into force of this law on expropriation of property - private property for which an order was issued under Art. 25, para. 2 shall be completed under the previous order.

(2) In the cases under par. 1 requests under Art. 29, para. 7 may be brought within 6 months from the entry into force of this Act.
§ 24. When the date of entry into force of this law three-year term of art. 31, para. 1 has expired and construction of the site in the detailed development plan has not started or property is not used for the purpose for which alienated, annulment of the expropriation may be filed within one year from the entry into force of this Act.
The law was adopted by the 41 th National Assembly on February 3, 2011 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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