“Change of use” of an object or a part of it is the change from one use to another, according to their corresponding codes, representing basic cadastral data and determined in accordance with the Cadastre Act, Property Register and its implementing regulations.
The classifiers are described in detail in Regulation No. RD-02-20-5 of 15 December 2016 on the content, creation and maintenance of the cadastral map and cadastral registers.
With a new provision in force since 2021, namely Article 147a of the Planning Act, a new and facilitated way is provided for changing the purpose of buildings or independent objects in buildings, for example, dwellings, studios, shops, offices for health needs, offices, beauty salons and other service objects.
Pursuant to Article 147a of the Building and Construction Law “Change of use of buildings or independent objects in buildings without construction and installation works shall be carried out after the issuance of a permit for change of use by the chief architect of the municipality, provided that the requirements of Article 38 or 39 are complied with, the rules and regulations for construction are not violated and positive opinions are submitted by the relevant competent authorities on compliance with the requirements set by a normative act for the new use.”
Therefore, in order for this provision and procedure to be applicable, a declaration must be made to the municipality where the property is located that no construction work will be performed. This declaration shall be notarised by the owner of the site and submitted in original to the municipality.
Sites changed under this procedure under Article 147a of the Planning Act shall only be issued with a change of use permit and shall not be subject to commissioning.
Features of change of use / status of real estate
When different types of sites are changed, and according to their specificities, the documents required to be submitted to the municipality may differ.
When changing the purpose of some independent objects, for example, a decision of the general meeting of condominium owners and an express written notarized consent of all homeowners is required, for others it is required to have a separate independent entrance from that of the common parts of the building, etc.
For example, in an existing residential building with a condominium regime, the conversion and change of use of a residential unit or a separate dwelling into a study for health needs, for an office or for a studio for individual creative activity related to access of outsiders to the building is allowed if the objects are located on the first or semi-subterranean floor, their conversion is in compliance with sanitary and hygienic, fire and other technical requirements and on the basis of an explicit written notarized consent of all owners
By way of exception, the location of the aforementioned objects on other above-ground floors may be permitted only on the basis of a decision of the general meeting of the homeowners, taken in accordance with the established procedure, and with the express written notarized consent of all homeowners – immediate neighbors of the object.
An existing dwelling unit or detached dwelling on the first floor of a residential building may be converted with a change of use to a store or other service activities, subject to sanitary, fire and other technical requirements and if a separate entrance is provided off the entrance and common areas of the residential floors.
In these cases, a resolution of the general assembly of the owners, taken in accordance with the established procedure, and the express written notarized consent of all homeowners – immediate neighbors of the site – shall be required.
The consent of condominium owners shall not be required for the restoration of the residential use of already converted detached premises and non-residential uses constructed in a condemned residential building.
When a site is converted to a dwelling, the site must have a garage or parking space.
It is therefore necessary to examine all the documents concerning the property and to request the necessary ones before proceeding with the change of status.
Change of use from “Studio” to “Dwelling – Apartment”
Given the restriction to make an address registration in a real estate that is intended for a studio, many people undertake the procedure of changing the purpose of the studio into a dwelling.
This can also be done under the new and facilitated procedure for change of purpose under Article 147a of the Land Use Act.
The documents to be submitted to the municipality where the property is located are as follows, and the list is not exhaustive:
● Application for a change of use permit;
● Notification of an investment proposal for a change of use;
● Document of ownership of the real estate;
● Certificate of heirs – where applicable;
● Current diagram of the real estate;
● Planning permission – where applicable;
● Notarized declaration of no construction works – in original;
● EIA decision or decision on assessment of necessity of EIA – when applicable;
● Notarized consents, decisions of general assembly of the EU – when applicable;
● Consent under Art. 3 of the Planning Act with the relevant Minister – where applicable;
● Document of commissioning of the construction (certificate of tolerability);
● Copy of power of attorney (in case of application of a proxy) certified “true to original”;
● Entry note or payment order of paid fee;
The above list is not exhaustive and additional documents may be required, e.g. copy of investment projects, parking/garage layout, etc.
The fee payable to the relevant municipality is calculated on the basis of the area of the property. For example, for a site of about 26 sq.m. the fee is about BGN 78 and for a site of 108 sq.m. the fee is about BGN 271.
Actions after the change of use
After the change of use has been made, through the permission for change of use issued by the chief architect of the area where the object is located, this change should be reflected in the cadastre, as well as in the tax return under Article 14 of the Land Tax Act for taxation with real estate tax.
Due to the specifics of each case, the legal requirements may be different. In view of this, it is advisable to consult a lawyer who will consider your case from every legal point of view.
The lawyers ofConcordiaLaw Firm are available to answer your inquiries by phone +359 878583010, e-mail, or through the contact form, as well as to provide comprehensive assistance with the change of use of real estate.
