Change of status

A change in the purpose of a construction or part of it is a change in the manner of its use, in which no construction or installation work is performed.

Depending on the presence or absence of construction and installation works, the regime applicable to the specific change of purpose is determined.

In case of reconstruction of non-residential premises in an existing residential building, the consent of the homeowners is not required, in case excessive noise and other pollution is not allowed.

(1) In the above-ground floors of a residential building, in addition to dwellings, studios and offices for individual creative activity may be built, and on the first floor, in the semi-underground floor or in the underground floor - garages or parking places, except substations, etc. sites and facilities of the technical infrastructure in compliance with the sanitary-hygienic, fire-fighting and other technical requirements and the safety norms.

(2) Sites for economic and service activities in a newly constructed residential building shall be located under the residential sites, if separate entrances to them are provided and are in compliance with the sanitary-hygienic, fire-fighting and other technical requirements.

(3) In an existing residential building with a regime of condominium ownership shall be allowed reconstruction and change of the purpose of a residential premises or of an independent dwelling in an office for health needs, for an office or for an atelier for individual creative activity, related to access of outsiders. , if the sites are located on the first or semi-basement floor, their reconstruction is in accordance with sanitary, fire and other technical requirements and on the basis of explicit written notarized consent of all homeowners - immediate neighbors of the sites. Exceptionally, the location of these sites and other above-ground floors may be allowed only on the basis of a decision of the General Meeting of Homeowners, taken in the prescribed manner, and with the express written notarized consent of all homeowners - immediate neighbors of the site .

(4) An existing residential premises or a separate dwelling on the first floor of a residential building may be reconstructed by changing its purpose for a shop or other service activities, in compliance with the sanitary-hygienic, fire-fighting and other technical requirements and if a separate entrance is provided outside the entrance and common areas of the residential floors. In these cases a decision of the general meeting of the owners is required, taken in accordance with the established procedure, and an explicit written notarized consent of all homeowners - immediate neighbors of the site.

(5) Independent sites for non-residential needs, built in an existing building, may be reconstructed and change their purpose in the general order, without requiring the consent of the owners in the condominium, and excessive noise and other pollution shall not be allowed.

(6) The consent of the owners in the condominium shall not be required for the restoration of the residential purpose of already reconstructed independent premises and sites for non-residential needs, built in an existing residential building.

(7) A reasoned opinion of a design engineer with full design capacity shall be obligatorily submitted to the reconstruction projects, proving that the loads are not increased, structural elements are not affected and the load-bearing capacity, stability and durability of the building structure are not reduced. changes in the construction are required or the loads are increased, a structural part of the project is presented.

(8) In newly constructed buildings in condominium regime with issued construction permit after the entry into force of the Condominium Management Act, in which it is envisaged that the separate sites shall be more than ten, shall be provided at least one common room, which shall be used by the owners and occupants of the buildings for household, sports and other service activities (meeting room, porter or security guard; for prams, bicycles, mopeds and motorcycles, to store equipment for cleaning the building and the surrounding area, laundry , dryers and the like), located on the ground or first floor.

(9) Reconstruction and change of the purpose shall not be allowed, if for the new sites the necessary garages or parking places in the respective land property cannot be provided.

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Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg