What is the procedure to build up to 35 m² on agricultural land?
It is possible to build on agricultural land when the following restrictions are not applicable:
- the agricultural land is not within the boundaries of settlements, industrial, resort and villa areas defined by construction and regulatory plan or polygon ring;
- the land is not within the borderlines of the approved general town plan or within the borderlines of the town suburbs – up to 5 kilometers around large and medium-sized cities, and 3 km - about small towns;
- the land is not used based on the acts of the Presidium of the National Assembly, the State Council or the Council of Ministers until the procedures under the Law for managing and use of agricultural land are finalized.
- the land does not fall in the second coastal area of the Black Sea coast - 5 km away from the coast;
- the land is not close to natural and artificial water reservoirs, rivers and riparian of dams, roads and rail-ways, protected natural sites, parks, coniferous and broadleaf forests, mining and development etc.;.
- there are no sanitary guarded areas, landslide areas in the region;
- the land is located less than 500 meters from the axis of existing or planned road and motorway and less than 300 meters from the axis of the roads of the national road network II, III and IV class, and less than10 km from the border checkpoint.
When a person or company owners of the land in Bulgaria want to carry out building works on it they need to prepare a file that contains:
1. request to the chief architect of the municipality to carry out works on land, explaining the type and nature of the buildings to be constructed;
2. evidence of ownership of land (property);
3. sketch of location, boundaries and dimensions of the plot (property) in the coordinate system, endorsed by the land commission.
Based on the request chief architect of the municipality determines the method of construction of the property.
The planning permission is also approved by the Hygiene and Epidemiology inspection district, Inspectorate of Environment and Water, electricity, water and sanitation and with the regional office for Agriculture at the Ministry of Agriculture and Food and the Ministry of Regional Development and Public Works. Each office delivers its opinion within 14 days in respect of the matters which are within its competence. When a regional office expressed a negative opinion on the proposal, the owner of the land may refer to the relevant ministry.
In case of positive opinions of all regional offices or the ministries and other interested agencies and architectural and town committee of the municipality, the mayor of the municipality approves the planning permission and it us announced under the Civil Procedure Code.
The planning permission is granted under Chapter Six of the Rules for Implementing the Law on Territorial and local device.
The following buildings are allowed to be constructed on agricultural land when the above-described conditions are followed:
1. construction of one farm buildings;
2. construction of new buildings, enlarging and upgrading existing ones;
3. changing the structural elements of the existing buildings;
4. change the functional use of existing buildings into compliance;
5. construction and reconstruction of engineering networks and facilities;
6. making fences;
The planning permission is granted by Chief architect of the municipality on the basis of the written request of the owner, when the following documents are provided:
1. for properties with size up to 10 dka:
a) proof of ownership of the property and the right to build in it;
b) visa for building;
c) architectural and structural design with account for the value of the work;
2. for properties with size more than 10 dka:
a) proof of ownership of property and the right to build it;
b) approved decision for construction approved by the respective regional offices;
c) visa for building;
d) permission for right to use water, electricity, connection with the waste water collector, evaluation of the environmental impact, statement from the fire department, and other statements depending on the type of construction;
e) approved architectural drawing and construction project, project for the engineering networks;
The building permit is granted for business buildings, structures, facilities and networks involved in planning permission, or only those which will be constructed firstly. It is valid for two years from the date of issuance.
In the building permit shall include all conditions related to the execution site. Determining the construction line and level of construction, technical control of the execution works and the exploitation shall be done in accordance with the Law for town and country planning.