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Amendments to the Spatial Development Act

01/2016

The amendments to the Spatial Development Act adopted by the Bulgarian Parliament in December 2015, can be classified as follows: (i) simplified administrative procedures, (ii) promoting the role of architects' and engineers' industrial organizations in the spatial development and construction, (iii) introduction of new rulings regarding parking spaces and construction in landslide zones, and (iv) removal of technical discrepancies.

According to the new amendments, parking spaces in residential buildings should be planned at the stage of the investment project. They could be either located in a garage (as autonomous space or common space in the building) or could be developed as separate parking spaces (again within the building), belonging to the respective residential or other units. Parking spaces could be provided for also outside the building - on the land plot belonging to the building, either by the developer or by the general meeting of the residential owners (depending on who is the owner of the land plot).

The construction in landslide zones (mainly alongside the Black Sea coast and the Danube river) is subject to much stricter restrictions and conditions. New constructions having no sewage system shall not be permitted.

The decisions of the first-instance court in case of appeals against approvals of detailed spatial plans and complex projects for investment initiatives will be final.

The amendments also achieve harmonization of the definitions used in the Bulgarian Spatial Development Act and the EU Regulation No 305/2011 regarding harmonized conditions for the marketing of construction products.

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Darina Baltadjieva