buying land in Bulgaria

D

Dries

New Member
Hello,

I' m interested in buying a house with some land, somewhere between Sofia and Plovdiv.
I'm still going to visit Bulgaria, to know the country better but I was already curious if some people here, foreigners to Bulgaria, have bought themselves a piece of land in Bulgaria and if it turned out ok for them.

Since it doesn't seem straightforward to do so. You have to set up a limited company... I guess the easiest way to do so is by finding a real estate company which take cares of most of the work for you... but this also seems risky.

Any good advice or experiences ?

thanks,

dries
 
S

Sofia_lady

New Member
Believe me it is not so risky. Come, see, choose your property and then it will be all checked. And I am not so sure if you still have to set up a company. I think you can buy land up to 2000 sq.m as a private individual.
 
S

seamus

New Member
no you still need a company if its any more then apm unless it has changed ssince the summer
 
D

Dries

New Member
i see,

but would you recommend a lawyer before signing the agreement to give the 10% in advance ?
 
S

Sofia_lady

New Member
It is always good to have lawyer or a property agent.
 
K

KayJay

Member
No, it hasn't changed - you still need a company to own land and will do until 2014.

You MUST have a GOOD lawyer and you mustn't sign ANYTHING until the status of the property, and the purported seller, has been thoroughly checked. The preliminary contract, and the "usual" 10% deposit, isn't mandatory but it does theoretically bind both seller and buyer. However, since the buyer is usually the only one who actually puts any money on the table it is best to avoid it, unless you're looking to show the seller that you're committed to the deal. DON'T get conned into putting anything less than the real price you're paying in the Notary Act; if the agent/seller tells you that it's "normal" to do this, tell them that it isn't normal but it IS illegal!

Property prices are still pretty depressed, especially outside the towns, so be careful you aren't being taken for a ride in this respect. Also check the status of the land - it's sometimes the case that all the land is regulated, ie it is possible to build on it at some time, but this means that you will also pay higher property taxes than if it were simply a garden. The taxes aren't massive so it's not a big deal either way but may affect your future plans.

You'll also find that you'll pay higher electricity prices, since the property is owned by a company, and be careful that the property itself isn't classed as commercial, in which case your property taxes WILL rocket.

If you want to post more information about what you're buying, what it's for and how much you're paying then I for one am happy to give you an opinion on whether it's a good deal or not - or you're welcome to PM me. I'm not an agent of any kind and I have nothing to sell you but I do own a house with land in the rough area you describe and I know the local market VERY well. There are plenty of "agents" who are out to make a quick buck, even now, so tread carefully and once again - DON'T SIGN ANYTHING until it's been vetted by a good and reliable lawyer.

If you take the time to research the country and what's available, I sincerely believe that you can find a good property at a very reasonable price.
 
Last edited:
D

Dries

New Member
Thanks KayJay ! That's very appreciated !

You couldn't recommend a lawyer by any chance ?
 
D

Dries

New Member
That's very nice to hear !

I noticed that Georgieva only has offices in newcastle and varna. Not very close to where I would buy. It's not ideal. But I'll launch a search to see if i can find a local lawyer.

Thanks, I might bother you with PM's when questions pop up ! :smile:
 
K

KayJay

Member
Dries, don't pay any attention to where the offices are - Georgieva and her colleagues are happy to travel to where the deal will take place if necessary anyway. ;)

Depending on how you intend to complete the purchase, ie signing the Notary Act in person or by means of a POA, the location of the lawyer makes no difference. What DOES make a big difference is being sure that you have a good lawyer and GS Georgieva are the best for this kind of work. In case you were wondering, I really don't have any connection with them apart from as a very satisfied client - as a former lawyer in the UK, let me tell you that I'm not easily satisfied! :D
 
Last edited:
D

Dries

New Member
I see,

could the lawyer look up to see if everything is correct with this piece of land, without leaving Varna ?

I was thinking, perhaps I could go to Varna first to give my lawyer a POA, then look for a house with a garden and when find one and want to purchase it, perhaps fax them all the documents to see if everything is ok and if so, to let them set up this limited company..

well perhaps not... I'm sorry, I'm afraid i'm not familiar with legal affairs :)
 
K

KayJay

Member
Dries

Yes, the lawyers can check all the paperwork without leaving their own office ;)

When you find a property you want to sell, you may or may not need a POA. Broadly speaking, if you intend to sign the Notary Act in person then you have no need of a POA; if you want the lawyers to sign on your behalf then you do need one. However, a decent lawyer probably won't let you sign a POA until you've actually found the property and this property will be mentioned in the POA, together with what they can, and can't, do on your behalf.

You might want to start the procedure to form a company now if you are serious about buying a house in BG, so you are ready to move quickly when you find one. Don't buy a property together with a company that already owns it - there can be all sorts of debts you don't know about which may come back to haunt you; form your own and be sure you're in the clear. The lawyers can open the company for you but will need a POA for this, unless you intend to be going backwards and forwards to Bulgaria a lot! You'll also need a Bulgarian bank account - in leva. Although prices are usually quoted in euros, you will almost always be paying in leva.

You probably won't have any papers to fax the lawyers regarding the property; your lawyer will obtain a copy of the previous Notary Act (when the seller acquired the house) to check that it was in order and that they actually do own what they claim to be selling. They will then obtain a new skitsa (plan) from the municipality and confirmation that the property taxes are up to date. They will also include clauses to ensure that all other bills (utilities etc) are paid, plus indemnities from the seller in case they don't have good title for any reason. They will also check that the required permission for construction was obtained - although this depends on when it was built and a number of other factors, so having no certificate of permission is quite common and nothing to worry about! Ask the lawyers for their advice when you have a specific property in mind.

Be very careful if you're using an "estate agent" - they don't exist in Bulgaria; all "agents" are actually property brokers who are often looking to make a profit from both buyer and seller. It's quite common for the "agent" to buy a property and then sell it on; this isn't necessarily bad if it's the right property for you and at a price you find acceptable. Don't forget that UK ebay has plenty of Bulgarian listings in the property section but be careful - some of the agents there are more reputable than others! If you do use an agent, bear in mind that just because someone speaks Flemish doesn't mean he/she isn't a crook! ;)

Lastly, the non-PC bit: there are some areas where the neighbours may be more congenial than others. Let's just say that you should think carefully if you are buying in a village/area where there is a large percentage of ethnic minority inhabitants; sometimes cultural differences can be too wide for your peace of mind and/or security.
 
D

Dries

New Member
Well, thanks for the answer !

Wow, it's not that simple is it...

So I believe I can set up a single person limited liability company, from Belgium.
But it would perhaps be advisable to get the help from a Bulgarian lawyer.

When this is done, I can start my search for property. When i have found an interesting property,I will PM you :smile:

If I'd like to buy it, I'll ask them to send the notary act to my lawyer.
If everything is ok, I can proceed to safely sign a preliminary contract, made by my lawyer, and give them the 10 % deposit. (altough this is not mandatory)

But I don't think I'll will give my lawyer a POA... I'll go to the Public notary myself to sign the final contract. But perhaps it would be possible to send a copy of the final contract to my lawyer before signing to ensure if everything is ok.

It's already much clearer now, perhaps I could have found all this by myself, but it is not easy at all.. since some of the information on the internet is conflicting and much is left open for interpretation.

Thanks !
 
K

KayJay

Member
Dries, I think you're almost there but not quite - unless I'm misunderstanding what you have in mind.

You need a Bulgarian company to buy land - a Belgian one is still foreign so won't be able to own land. The formation of this company is really best done by a Bulgarian lawyer, just to be 100% sure there are no snags. There are some other people who offer a company formation service but I'd avoid them, especially if it's your first foray into the Bulgarian property market.

When you've found a property then the seller's lawyer will usually draw up the Notary Act and send it to your lawyer who will check it all, make any necessary amendments and return it to the seller's lawyer. Eventually, they will agree on the final version of the Act.

Try to avoid the preliminary contract - personally I always continue my search until the final Act is signed; problems can occur at any time and/or you may find an even better place at the last minute. ;) Ignoring the theory behind the preliminary contract, in practice it's only the buyer who's bound by it - being the only one who's put any actual money on the table. It just restricts your own freedom of action.

If you sign in person, remember that you'll need a translator; the contract will usually be in both Bulgarian and your preferred language (I'd stick to English if I were you unless you're happier with Dutch or French - whatever you choose be prepared to have a smile at the way it's phrased!). However, it's only the Bulgarian version which counts and if there is a difference in the non-Bulgarian one that's too bad. The notary will insist that a (usually) qualified translator does a simultaneous translation for you as he/she reads out the Act aloud. Depending on where the signing takes place, it's best to have your lawyer present to check the Act on the day, just in case there have been any unauthorised changes made.

Payment should be made by bank transfer, so there is a "paper trail" and you need to make arrangements for this beforehand, otherwise you could end up arguing about whether you're happy to transfer the money before the seller signs, or they're happy signing before the transfer has gone through. :D The best approach, in my experience, is for buyer and seller to open accounts in the same banch of the same bank (in leva, euros or pounds - all very quick and easy to do). Everyone can then sign and leave the papers with the notary. The buyer & seller then go to the bank together to do the transfer and confirm it's in the seller's account. They then return to the notary, who releases the papers once they've seen the printed confirmation from the bank; usually this will be appended to the Notary Act. It's a bit of a long-winded way to do it but I prefer it as everyone's covered.

Don't forget to ensure that all bills have been paid before you sign and remember you have 30 days (I think) to register the change of ownership at the municipality offices - you'll get a fine if you're late! You'll need a certified copy of the Act to do this and while you're doing it, you might as well get the water, electricity (and gas if it's connected) done at the same time since they'll ALL need to see the Act.

If you're going to leave the property unoccupied, or even if you're not, don't forget to organise insurance. Unoccupied properties can be attractive targets for burglars and you don't want to find holes in the walls and ceilings where your pipes/cables/kitchen unit/sanitary fittings etc used to be with no insurance to replace them. ;)
 
D

Dries

New Member
ok, no, for a moment I thought I could start a bulgarian company without having to go to bulgaria

thanks, it is even much clearer now ! :)

so you've bought a property in Bulgaria yourself ? :)
 
K

KayJay

Member
Dries - not "a" property - several! ;)

If you re-read my original post on this thread, you'll notice I said "I do own a house with land in the rough area you describe and I know the local market VERY well"
 
D

Dries

New Member
I see :)

No, i was aware that you had property in Bulgaria, I just thought about bringing it up again.

If I succeed and end up with a house in Bulgaria, you'll be very welcome if you'd like to stop by and visit
 
L

ladybird2011

New Member
The law was supposed to change in January 2012 so that foreigners did not need to set up a company but still waiting to hear if it has actually come into play yet. You can set up a company without needing to come to Bulgaria - you need to take paperwork to a notary in the UK and some of it needs sending to the foreign office (in London or wherever you live) to be apostiled.
 
K

KayJay

Member
No it hasn't changed yet - the law has yet to be ratified. That said, SOME notaries are prepared to notarise Acts which transfer land to foreigners. The vast majority won't however and the deeds may well be open to challenge either immediately or even some years in the future.

If you can find a notary who WILL do this for you then you can always take the risk but be aware that it IS a risk and it may turn round and bite you badly; if it's not legal to hold property in your own name then any deed of sale would be invalid and title would not have passed to the "buyer". If an old person sold me a house with land and then died some time later, for example, I wouldn't fancy my chances in a court case with the people who might then claim to have inherited it if the law wasn't 100% clear that I could own the property at the time in question.

Form a company and do it the way which is guaranteed to be valid, at least until 2014.....always assuming the EU is still alive then, of course! :D
 
Top