Delchev & Partners

Zone “B” covering agricultural and forest territories with length of 2 km as from the border of zone “A”

Note: Zone A and Zone B are outside of the borders of the urban territories that are differentiated in separate zones.

Urban territories covering towns and villages, and settlement forms.

PRACTICAL IMPORTANCE 

The above new regulations will have significant practical importance given the intensive construction activities along the Black Sea coast.  You may wish to consider our notes when planning your investments:

1) Investment Initiatives in Zone “A”

Zone “A” is in direct contact with the sea coast as a result of which the construction regime is highly restrictive.  In particular, the following activities are not allowed in Zone A

– the erection of permanent buildings

– placement of moveable constructions (there are a few exceptions to this rule).

– placement of solid fences restricting the access to the beach.

It is generally not admissible to change the destination of the agricultural and forest lands (there are a few exceptions to this rule) in Zone “A”.

2) Investment Initiatives in Zone “B”

The regulation concerning Zone “B” includes mainly provisions allowing different construction activities, related to the creation or enlargement of the existing resorts, resort complexes, holiday villages, country house zones and initial construction of estates out of the urban territories. The changes introduce requirements concerning: density of construction; intensity of construction; minimal planting area for each type of territory etc. There is a restriction for maximum height of construction up to 10 m. for holiday villages.

In Zone “B” the restrictions on investments are environmentally driven (e.g. construction of depots and other installations for home and dangerous wastes is forbidden).

3) Other Requirements to be Considered

•  The regulation obliges the mayor of the each municipality to issue annually an order for prohibition of construction and installation activities in the resorts, resort complexes, holiday villages, country house zones on the Black Sea coast in the period from the 1st May to 15th October. This circumstance should be registered in each certain construction permit.
• The construction permits for construction of permissible buildings in Zones “A” and “B” are issued by the chief architect of the respective municipality provided:

– there is an approved investment project compliant with the current detailed organizational plan;

– the necessary technical infrastructure for transport access, for power supply, water supply, etc is in place;

– the procedures of the Law on Protection of the Agricultural and Forest Act have been completed.

• The buildings that have already been constructed shall not be affected by the new regulations.
• The changes in Regulation № 7 abolish Regulation № 2/24.01.1995 on Rules and Norms for Territorial and Organizational Planning of the Black Sea Coast.  The legislator, however, has omitted to abolish certain transitory provisions, which may create contradictory practices with the municipalities.

In conclusion, it is important to mention that the newly introduced regulations may seriously impair the rights of investors that have already purchased plots along the coast.

Regulation № 8 /2001 on the Volume and Content of the Organizational Schemes and Plans

The changes in this Regulation concern the volume and the content of organizational schemes and plans related to the new “Chapter twelve “A” – ORGANISATION OF THE BLACK SEA COAST in Regulation № 7.

This Legal Publication has been prepared by DELCHEV & PARTNERS for information purposes only and does not constitute legal advice.  This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.  Readers should not act upon this without seeking professional counsel.