Illegal constructions face demolition

[caution!]

The following should follow as a warning to all those buying abroad and is a quotation lifted from Property wise following the enactment of a new law which came into force in Bulgaria on 1st January 2008:

"All violations of Bulgaria’s existing regulations on regional development and zoning would be sanctioned in line with the administrative offence and sanctions law, DNCS said.Bulgaria's Directorate for National Construction Supervision (DNCS) started inspecting the legality of completed and ongoing construction along the Black Sea coastline on February 25, the institution announced on its website.

Аccording to the Spatial Planning of the Bulgarian Black Sea Coastline Act, which entered into force on January 1 2008, all entities that have erected illegal constructions on the beaches are under the obligation to voluntarily demolish them within a month of the law going into effect. If they failed to do so, DNCS would order the buildings demolished.

Two inspecting expert panels from the DNCS will be checking construction along the northern and the southern coastline until March 7.

All violations of Bulgaria’s existing regulations on regional development and zoning would be sanctioned in line with the administrative offence and sanctions law, DNCS said."

This is not limited to the coast of course but would apply to the ski resorts and elsewhere.

It was only a question of time before this happened in Bulgaria. I pity all those who have unwittingly purchased without due diligence.

 

[tracyholland]

how can we find out if this will affect the property we have purchased.

 

[tracyholland]

how can we find out if this will affect the property we have purchased.

 

[TJRealty.eu]

You can try and check this info with the DNCS, not sure if they would do it over the phone though...

 

[Jain and Chris]

If you are concerned the first point of contact is to go back to your lawyer who is acting for you in the purchase.

Your lawyer should have as part of due diligence checked whether a Construction Permit had been granted. This one simple question is of top importance; if you do not have a Construction Permit (building permission) you simply do not have a project at all!!!

Generally, the Construction Permit approves the investment project, allows construction to start and determines some of the major parameters of the construction. It is the ultimate guarantee that the project exists and will commence. If a Construction Permt has not been granted, it is of no use to look at architectural plans, drawings of your chosen apartment/villa, etc., as they are not yet approved.

Your lawyer should have a copy of this Construction Permit which should have been part of the documents for the Preliminary Contract.

Best wishes

 

[tracyholland]

thank you will have to look into this

 

[tracyholland]

we have purchased in aheloy beach residence, any one any info?? thanks

 

[TJRealty.eu]

Well, I have to say that even if construction permit was received, you are still not off the hook. What the article is about are cases when a plot of land was illegally converted from one zoning type into another (in most cases from agricultural to residential construction). This always happens during construction booms.

However, it's not as scary as it sounds. If you bought with a reputable developer you should be all right. If you are worried and you plan to visit Bulgaria, it should be quite easy to check this stuff even without a lawyer. But a lawyer can also do it for you.

 

[tracyholland]

thanks for info.

I have purchased with platinum developments. they did the big resort on pomorie sunset resort.

our block wont be completed til end of may 2009 allthough alot of the buildings are finished now. we are due to pay 20 % end of august this year with the final 40% on completion.

I will ask the question before i pay any more money over

 

[jamiew]

The following should follow as a warning to all those buying abroad and is a quotation lifted from Property wise following the enactment of a new law which came into force in Bulgaria on 1st January 2008:

"All violations of Bulgaria’s existing regulations on regional development and zoning would be sanctioned in line with the administrative offence and sanctions law, DNCS said.Bulgaria's Directorate for National Construction Supervision (DNCS) started inspecting the legality of completed and ongoing construction along the Black Sea coastline on February 25, the institution announced on its website.

Аccording to the Spatial Planning of the Bulgarian Black Sea Coastline Act, which entered into force on January 1 2008, all entities that have erected illegal constructions on the beaches are under the obligation to voluntarily demolish them within a month of the law going into effect. If they failed to do so, DNCS would order the buildings demolished.

Two inspecting expert panels from the DNCS will be checking construction along the northern and the southern coastline until March 7.

All violations of Bulgaria’s existing regulations on regional development and zoning would be sanctioned in line with the administrative offence and sanctions law, DNCS said."

This is not limited to the coast of course but would apply to the ski resorts and elsewhere.

It was only a question of time before this happened in Bulgaria. I pity all those who have unwittingly purchased without due diligence.

If a Construction Permit had not been obtained, would the seller be liable? What I'm trying to ask is would it be possible in such a circumstance that any deposit paid to the seller before completion be reimbursed to the buyer?

 

[Jain and Chris]

Hi JamieW

From your posts I can see that you have a problem with what has happened to you; and I do understand that you are concerned.

What is quoted is pretty irrelevant to you, it's very generic to say the least.

More importantly, what did your prelim contract say? Did you get guarantees about the developer? Did you check that a building permit was made available? What warranties are in the prelim about the developers and the build? That is what could really matter here - aside from getting together a group which will give all hell about this.

The prelim contract you signed will give you (and of course your lawyer) the real feel as to what you may or may not be able to claim and if you can pull out satisfactorily. Actually, I wonder why you are not going back to your own lawyer on this?

Give us the text of your prelim contract and we perhaps can help a bit more.. ?

Cheers, Jain and Chris

 

[jamiew]

Hi JamieW

From your posts I can see that you have a problem with what has happened to you; and I do understand that you are concerned.

What is quoted is pretty irrelevant to you, it's very generic to say the least.

More importantly, what did your prelim contract say? Did you get guarantees about the developer? Did you check that a building permit was made available? What warranties are in the prelim about the developers and the build? That is what could really matter here - aside from getting together a group which will give all hell about this.

The prelim contract you signed will give you (and of course your lawyer) the real feel as to what you may or may not be able to claim and if you can pull out satisfactorily. Actually, I wonder why you are not going back to your own lawyer on this?

Give us the text of your prelim contract and we perhaps can help a bit more.. ?

Cheers, Jain and Chris

Hi Jain and Chris,
The reason I'm not going back to my lawyer on this is that I have since found out that the lawyer is not independent of the seller (as was told to me). I have been very stupid and really threw myself in at the deep end having no previous experience of property investment, let alone foreign property investment.
I am currently going back through my prelim' bit by bit, in the meantime I'm just trying to scope out any angles. I put ALL of my money into this (I'm not at all wealthy..) and am just scared that everything is lost.