Legal Publication: Common Parts Management Act



The technical passport is issued for:

  • Newly constructed buildings – before the grant of the usage permit;
  • Capital repairs, restructuring and capital renovations – within 6 (six) months of completion;
  • Important (!) – All existing buildings which as at the date 1st May 2009 are already into exploitation – by 31 December 2012.

(4) Measures and Instructions per the Technical Passport 

The measures and instructions prescribed in the Technical Passport are obligatory for the Owners.  The Mayor exercises control in monitoring the performance of the measures and instructions per the Technical Passport.

VII. CLOSE TYPE RESIDENTIAL COMPLEXES  

For the first time the Bulgarian legislation attempts to create a definition and some kind of regulatory framework for the so-called closed-type residential complexes (sometimes known as: “gated type residential complexes; “compounds”).

(i) Definition of Term  

The term “closed-type residential complex” is defined as a complex with restricted access positioned in a separate regulated land property in which buildings with common parts and other objects servicing the owners are constructed.

It is important to mention that the management of common parts in such closed-type residential complexes is to be agreed in a contract between the investor and the owners.

The contract has be concluded before a notary office and registered in the real estate registry.

Lastly, we would note that the new regulation on such enclosures of residences and other buildings although very necessary is likely to raise more questions than provide answers to pending issues.

 

This Legal Alert 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.