Law on cadastre and property register |
Part one. GENERAL PROVISIONS Art. 1. This law shall arrange for the organization, funding, creation, administration and use of the cadastre and the property register. Art. 2. (1) The cadastre shall be the aggregate of basic data - established by this law - about the location, boundaries and extent of immovable property within the territory of the Republic of Bulgaria, which shall be collected, represented, maintained up-to-date and stored according to routines, established by this law. (2) The cadastre shall also encompass: 1. Data about the right of ownership on immovable properties; 2. Data about the other real rights over immovable properties; 3. Data about the state borders, boundaries of administrative-territorial units, boundaries of territories belonging to settlements, and boundaries of territories of identical durable land use; 4. additional data in the cases under art. 33. (3) Data under para.1 and para.2 shall be mapped out on a cadastral map and shall be recorded in cadastral registers. (4) The map, on which additional data under para.2, it.4 are reflected as well, shall be a specialized map. (5) Data under para.1 and para.2 shall be evidence for the circumstances, that they refer to - until otherwise demonstrated. Art. 3. (1) The property register shall comprise of the lots of the immovable properties. (2) In the property register shall be recorded the acts recognizing or conveying right of ownership or establishing, conveying, modifying and terminating other real right over immovable properties, interdictions and mortgages over the latter, as well as other legal actions, circumstances and legal facts for which recordation is envisaged by law. (3) (new, SG 36/04) The judge for the recordation shall order the entries in the lots of the immovable properties located on the territory of the respective magisterial precinct. Art. 4. (1) The cadastre shall be created, maintained and stored by the Cadastre agency at the Ministry of Regional Development and Public Works. (2) The Minister of Regional Development and Public Works shall exercise management and control of the overall activity related with the cadastre. Art. 5. (1) (amend., SG 36/04) The property register shall be kept and stored by the Recordation Agency with the Minister of Justice. (2) (amend., SG 36/04) The Minister of Justice shall exercise management and control of the entire activity regarding the property register. (3) The Minister of Justice shall issue an ordinance about the keeping and preservation of the property register. Art. 6. (1) The cadastre and the property register shall be linked by bilateral link, based on the identifier of immovable properties. (2) The basic data about the immovable properties in the property register shall be received from the cadastre. Data about the right of ownership and other real rights over immovable properties in the cadastre shall be received from the property register. (3) The bilateral connection of par. 1 and the exchange of data between the cadastre and the property register shall be implemented under conditions and by order determined with an ordinance issued by the Minister of Regional Development and Public Works and the Minister of Justice. Art. 7. (1) For the cadastre and the property register, computerized information systems shall be established, which shall be linked with each other. (2) The information systems under para.1 shall establish links also with the Unified classifier of administrative-territorial units ("EKATTE"), "BULSTAT" (i.e. Unified register of commercial entities), "ESGRAON" (i.e. Unified system for civil registration and administrative servicing of the population), the registers of state and municipal properties. (3) The provisions and routine for establishment, maintenance and use of the information systems, as well as for direct access to the data within, shall be prescribed by an ordinance, adopted by the Council of Ministers by motion of the minister of regional development and public works and the minister of justice. Art. 8. (1) The cadastre and the property register shall be public. (2) (amend., SG 36/04) For recordation in the cadastre, for announcing procedures under art 35b, para 3 and under art. 49a, para 1 and 4 and for information excerpts and services under art. 52, para 5, art. 55 and 56, fees shall be payable to amounts, determined by tariffs, approved by the Council of Ministers. (3) (amend., SG 36/04) For recordation in the property register and for information excerpts and services under art. 92 shall be paid fees to amounts determined by a tariff approved by the Council of Ministers. (4) Departments and municipalities shall pay for the services under para.2 only the actual costs incurred for the production of copies of the documentation. (5) The Cadastre agency shall pay for the data, handed over to it in the cases of art. 51, par. 1, 2 and 3, only the actual costs incurred for the production of copies of the documentation. Art. 9. (amend., SG 36/04) (1) Funding of the activities related to the creation, maintenance and storing of the cadastre shall be provided for by subsidies from the budget of the Ministry of Regional Development and Public Works, by fees under this law, by other proceeds, as well as by resources for national and regional programmes for development of the technical infrastructure, for international programmes, projects and agreements. (2) The funding of the property register shall be provided for by a subsidy from the budget of the Ministry of Justice, by fees under this law, by other proceeds, as well as by resources for national and regional programmes, for international programmes, projects and agreements. Part two. CADASTRE Chapter one. CADASTRE AGENCY Art. 10. (1) The Cadastre agency shall be an executive agency, that is a juridical person with a seat in Sofia and cadastre offices, placed in the administrative centers of the regions. (2) The cadastre offices shall be territorial units of the Cadastre agency. (3) (new, SG 36/04) For the purposes of the administrative services the cadastre offices may have structural divisions in the seats of the district courts. Art. 11. (1) The Cadastre agency shall be managed by an executive director, and the cadastre offices - by a head. (2) The executive director of the Cadastre agency may delegate to the heads of the cadastre offices his functions, rights and obligations except for those under chapter two, art. 35, para.1, art. 47, para.2 and art. 49, para.1. (3) (new SG 36/04) The executive director may be a person who: 1. has graduated higher education on geodesy with educational qualification degree "Master"; 2. has at least 5 years of practice on the speciality; 3. has not been convicted to imprisonment for deliberate indictable offence, unless rehabilitated. (4) (new, SG 36/04) The funds collected from deductions in the size of 25 percent of the fees collected under this law, as well as from the additional proceeds to the budget, representing fines and material sanctions, established and collected under penal provisions issued pursuant to this law, shall be assessed and spent only for development of the material basis, for improvement of the qualification and for stimulation of the employees of the agency under terms and by an order determined by an ordinance of the Minister of Regional Development and Public Works. The funds for stimulation of the employees may not exceed 25 percent of the annual size of the funds for salaries. Art. 12. The Cadastre agency shall: 1. perform the cadastral activities in compliance with the law; 2. maintain geodetic/survey, cartographic and cadastral archive ("Geokartfond"), that shall - under routines established by the Law on State Archive Stock - accept, store and furnish for use geodetic, cartographic, cadastral and other materials and data; 3. ensure co-ordination of the cadastral activities with the other state geodetic/survey and cartographic activities; 4. (amend., SG 36/04) work out a format of the entry of the digital cards and registers to them, which shall be approved by the Council of Ministers; 5. jointly with the competent state body for metrology, organize metrological control of the geodetic measurement equipment; 6. ensure maintenance of the qualification of employees; 7. keep register of the persons competent to exercise activity for the cadastre; 8. handle the co-ordination of international information exchange that involves cadastral information. 9. (new, SG 36/04) be an administrator of the proceeds from fees, fines and material sanctions collected under this law. Art. 13. Within their assigned districts of the territory of the country, the cadastre offices shall: 1. perform the cadastral activities; 2. store the original materials and data from geodetic surveys; 3. fulfil other functions, established by the setup regulations. Art. 14. In performing his duties, the officer of the Cadastral agency must identify himself. Art. 15. The activity, structure, organization of operations, and staff of the Cadastre agency and cadastre offices shall be prescribed by setup regulations, adopted by the Council of Ministers by motion of the minister of regional development and public works. Chapter two. LICENSED PERSONS Art. 16. (1) Activities for the cadastre can perform persons who have acquired competence under the conditions and by the order of this law. (2) The Cadastre agency shall assign to competent persons of par. 1 the implementation of activities for creating cadastral map and cadastral registers according to chapter five. (3) (suppl., SG 36/04) An owner or other interested person can assign also to a competent person of par. 1 to work out plans of landed properties and buildings, schemes of independent sites in buildings, projects for subdivision and amalgamation of immovable properties, combined schemes for full or partial identity of the boundaries of a landed property, a cadastral map and cadastral registers under art. 35a, as well as the implementation of the survey measurements connected with them. Art. 17. (1) (prev. text of art. 17 – SG 36/04) Competent person under this law can be: 1. an individual who is Bulgarian citizen, has graduated high education in geodesy with education - qualification degree master - engineer, has at least two years practice in the field of the cadastre and has not been sentenced for premeditated crimes of general character to imprisonment except the parson has been rehabilitated; 2. Bulgarian corporate body with subject of activity creating of cadastre and implementing survey measurements and in which specialized staff there is at least one competent person of item 1 per each 10 persons. (2) (new, SG 36/04) Legally capable individual may participate in the permanent specialized staff of only one corporate body. Art. 18. (1) The candidate shall hand over application for entering to the Cadastral agency. (2) The Cadastral agency shall check within 14 days after the application has been received whether the conditions of art. 17, par. 1 are existing for entering of the candidate in the register. The entering shall be implemented on the basis of an order by the executive director. (3) When the legal conditions are not at hand the Cadastral agency shall refuse the entering. The refusal shall be sent in writing to the candidate, who can in two weeks after receiving the message appeal against the refusal before the Minister of Regional Development and Public Works. (4) The decision with which is rejected the appeal of par. 3 shall be subject to appeal in two weeks term after the message by the order of the Law for the administrative procedures before the Supreme Administrative Court. Art. 19. (1) The competence to be implemented activities for the cadastre shall be acquired from the moment of entering in the register of art. 12. Item 7. (2) The register of the persons competent to implement activities of the cadastre shall be public. Art. 20. (1) The competent person shall be obliged: 1. To implement the works for the cadastre assigned to him in compliance with the normative requirements; 2. (Amend., SG 45/02) To protect the classified information representing official secret which has become known to him in connection with performance of the assigned activity. (2) Upon approval of the cadastral map and the cadastral registers, the persons under para.1 may use data from these only under the routine, envisaged in chapter seven. (3) The competent person shall be obliged to be insured only for the time of his activity under this law for the damages that could occur due to guilty non fulfillment of his obligations as well as the obligations of his employees. The minimum extent of the insurance sum shall be determined by the Cadastral agency. Art. 21. (1) The competence shall be lost 1. upon written application by the competent person to the Cadastral agency; 2. upon death of the competent person or his being legally incapable; 3. upon re-organization or termination of the competent person with liquidation; 4. when the individual loses his Bulgarian citizenship or is sentenced for premeditated crime of general character to imprisonment; 5. when the competent person systematically breaches his obligations under art. 20, par.1. (2) (new, SG 36/04) In the cases of para 1, item 5 the legal capacity shall be lost for a period of one to three years. (3) (prev. para 2 – SG 36/04) In the cases of par. 1, items 1 - 4 inclusive the executive director of the Cadastral agency shall issue order for deleting the competent person from the register. (4) (prev. para 3 – suppl., SG 36/04) The breaches of par. 1, item 5 shall be ascertained with an act by officials determined by the executive director of the Cadastral agency on the basis of which order for deleting shall be issued. The order shall determine the period during which the legally capable person may not be recorder again in the register. (5) (prev. para 4 – SG 36/04) The order of the executive director of the Cadastral agency in the cases of par. 1, item 2 - at judicial disability of the competent person, and of item 3 - 5 inclusive, shall be subject to appeal in two weeks term after the message by the order of art. 17a, par. 3 and 4. Art. 22. The order for keeping and preservation of the register shall be determined with an ordinance issued by the Minister of Regional Development and Public Works. Chapter three. CONTENT OF THE CADASTRE Art. 23. Immovable properties, that are objects in the cadastre, shall be: 1. landed property; 2. building, including also rough construction; 3. self-contained object in a building. Art. 24. (1) Basic unit of the cadastre shall be the landed property. (2) Landed property shall be a part of the surface of the earth, including durably covered with water, defined by boundaries compliant with the right of ownership. (3) The landed properties shall fully cover up the territory of the country, defined by the state borders, without overlapping each other. (4) State borders, boundaries of administrative-territorial units, boundaries of territories belonging to settlements, and boundaries of territories of identical durable landuse shall be property boundaries, as well. Art. 25. (1) Each landed property shall have durable landuse as of the territory, within the boundaries of which it is located. (2) Changes of durable landuse shall be implemented according to routine, established by law. (3) The change of durable landuse of a part of landed property shall result in the establishment of separate properties. Art. 26. (1) Each landed property, building or self-contained object in a building shall be attributed an identifier. (2) The identifier shall be a unique number by which the immovable property is singularly identified within the territory of the country. The identifier must contain the "EKATE" code of the settlement, within whose territory the property is located. (3) The identifier shall be attributed by the cadastre office. (4) The structure and the content of the identifier, as well as the provisions and routines for its use, shall be prescribed by an ordinance, issued by the minister of regional development and public works. Art. 27. (1) Basic cadastral data shall be: 1. for a landed property: identifier; boundaries fixed by the geodetic co-ordinates of the points defining them; area; durable landuse; landuse mode; address; 2. (amend, SG 36/04) for a building: identifier; boundaries of the building fixed by the geodetic co-ordinates of the points defining them; built-up area; number of floors; use; address; 3. for a self-contained object in a building: identifier; location; use. (2) Basic cadastral data shall also be the data about the state borders, boundaries of administrative-territorial units, boundaries of territories belonging to settlements, and boundaries of territories of identical durable landuse. (3) For immovable properties related to the defense and security, the cadastre shall contain only identifiers and data about the boundaries of the relevant landed properties. Art. 28. (1) The cadastral map and the cadastral registers shall be produced in graphic and text format on conventional storage media, and in digital format on magnetic, optical or other technical storage media. (2) Cadastral maps and cadastral registers shall be subject to acceptance, notification of the interested parties, and approval pursuant to routines, established by this law. (3) The approved cadastral map and cadastral registers shall be introduced in the information system by the cadastral office. (4) Should basic cadastral data be entered in the database of the information system, the date of the entry shall be indicated. Art. 29. (1) The cadastral map shall contain: 1. The state borders, boundaries of administrative-territorial units, boundaries of territories belonging to settlements, and boundaries of territories of identical durable landuse; 2. Landed properties with their boundaries and identifiers; 3. Buildings and their identifiers; 4. Names of localities, streets, watercourses and surfaces, and other objects prescribed by the ordinance under art. 31; 5. Geodetic base points. (2) Attached to the cadastral map, charts of the self-contained object in buildings shall be drawn up. Art. 30. (1) Cadastral registers shall be kept of: 1. the immovable properties; 2. the geodetic base points; 3. the stations of the operative survey control; 4. identifiers and their mutations. (2) The cadastral register of the immovable properties - subject of the cadastre shall contain: 1. the basic data about the property of art. 27, par. 1without the data for the boundaries of landed property and an outline of a building; 2. the data of art. 61, par. 1, item 1 - 11 inclusive about the owner of the immovable property and the act/deed from which the owner benefits his right; 3. the data of art. 62, par. 1, item 1 - 4 inclusive about the other real rights over the immovable property; 4. the number of the file of the property in the property register. Art. 31. The content, as well as the provisions and routines for production and maintenance of the cadastral map and the cadastral registers, shall be prescribed by an ordinance, issued by the minister of regional development and public works. The ordinance shall establish also the classificator for the landuse mode of landed properties. Chapter four. SPECIALISED MAPS, REGISTERS AND INFORMATION SYSTEMS. ADDITIONAL CADASTRAL DATA Art. 32. (1) Departments, municipalities and other juridical persons, in conformity with the nature of their tasks shall: 1. organize the collection, maintenance up-to-date, and furnishing of specialized data about: a) immovable properties, other than basic cadastral data; b) buildings, structures and other improvements in landed properties, including the overground and underground linear utilities and facilities, other than buildings and self-contained objects in buildings; c) perennial plantations; d) water courses and water surfaces; e) mineral deposits in the earth's womb; f) the relief of the earth's surface. 2. produce specialized maps, registers and information systems on the basis of data under it.1. (2) Should any specialized maps, registers and information systems contain basic cadastral data, then the departments, municipalities and other juridical persons must use the relevant data from the cadastre. (3) The content of the specialized maps and registers, and the provisions and routines for their production and maintenance, shall be prescribed by ordinances, issued by the head of the relevant department and the minister of regional development and public works. Art. 33. (1) Specialized information systems using cadastral data must maintain a link with the cadastral information system. (2) (amend., SG 36/04) The terms and the order of data exchange between the informational systems shall be determined by an ordinance adopted by the Council of Ministers at a proposal of the Minister of Regional Development and Public Works. Art. 34. (1) Data under art. 31, para.1, it.1 shall be included in the cadastre as additional cadastral data, maintained up-to-date, stored and furnished by the Cadastre agency pursuant to provisions and routines, established by contract. (2) (suppl., SG 36/04) Additional cadastral data collected by geodetic, photogrametric and other surveys shall be accepted under the routine of art. 44. Chapter five. PRODUCTION OF CADASTRAL MAP AND CADASTRAL REGISTERS Art. 35. (1) A procedure for production of a cadastral map and cadastral registers shall be initiated by order of the executive director of the Cadastral agency. (2) The order under para.1 shall contain the name and the boundaries of the district, for which a cadastral map and cadastral registers will be produced, the licensed person, who was assigned with the production of the cadastral map and cadastral registers, and the performance schedule for this activity. It shall also indicate the term for demarcation of the boundaries of landed properties, which can not be shorter than 30 days after the promulgation of the order. (3) The order under para.1 shall be promulgated in "State Gazette", disseminated in the mass media, including two central daily newspapers, and shall be displayed in appropriate places with public access in the buildings of the cadastre office, the municipality, and the mayoralty. Art. 35a. (new, SG 36/04) Cadastral map and cadastral registers may also be created at a request of the owner or the investor for an individual property or a group of properties, which shall be for their account. Art. 35b. (new, SG 36/04) (1) The procedure under art. 35a shall be opened by an order of: 1. the head of the cadastre office at the location of the properties; 2. the executive director of the Cadastre Agency when the request regards immovable properties located in a region for which an order has been issued pursuant to art. 35, para 1. (2) The order under para 1 shall contain the location and the boundaries of the properties, the legally capable person to whom the work will be assigned and the term of marking the boundaries. In the cases of para 1, item 1 the working out shall be assigned to a legally capable person appointed by the owner or the investor, and under item 2 – to the person indicated by the order under art. 35, para 2. (3) The order under para 1 shall be announced to the interested persons by the order of the Civil Procedure Code. Art. 36. The Regional Governor and the Municipal Mayor must: 1. Ensure demarcation of boundaries of state and municipal properties within the term, indicated in the order under art. 35, para.1; 2. (amend., SG 36/04) Furnish to the Cadastre Agency data about the immovable properties from the relevant registers. Art. 37. (1) The bodies of the tax administration - upon request by the Cadastre agency - must furnish to the cadastre offices the available data about the immovable properties and their owners. (2) The conditions, the order and the concrete data that are furnished shall be determined with an ordinance by the Minister of Regional Development and Public Works and the Minister of Finance. Art. 38. (1) The owner - or the subject vested in another real right, respectively - must: 1. ensure free access to the property for performance of cadastral works; 2. demarcate - at his expenses, with the prescribed permanent marks - the property boundaries in compliance with the act/deed, certifying the right of ownership or other real right, and preserve the marks from destruction; 3.produce to the officer of the cadastre office, or to the person under art. 35, para.2 - upon request - an act/deed certifying his rights over the property, as well as furnish to him other data, according to the ordinance under art. 31; 4. preserve the geodetic monuments placed in the property. (2) (suppl., SG 36/04) In case of destruction of monuments under para.1, it.4, the owner - or the subject vested in another real right, respectively - must immediately notify the cadastre office. Where, due to construction or assembly works a necessity occurs of removing a geodetic sign the person shall be obliged to inform immediately the cadastre office 7 days before starting the works. The sign shall be restored for the account of the person by an order determined by the ordinance under art. 31. Art. 39. (1) (amend., SG 36/04) In order to place geodetic monuments and to survey, the officer of the cadastre office - or the person under art. 35, para 2, respectively art. 35b, para 2 shall be entitled to: 1. Pass through the immovable property to the survey station - or the geodetic monument, respectively after notification of owner. 2. Perform surveys; 3. Place temporary survey monuments in landed properties or on buildings; 4. Upon notification in advance of the owner of immovable property - place permanent geodetic monuments in the landed property or on buildings. (2) In order to perform geodetic/survey activity on an immovable property, related to the defense and security, as well as to place geodetic monuments on it, permission by the relevant department director or his assigned officer shall be required. (3) (amend., SG 36/04) The person under art. 35, para.2, respectively art. 35b, para 2 must demonstrate his entitlement to execute actions under para.1, as well as his entitlement to request producing acts/deeds and furnishing data under art. 37, para.1, it.3. Art. 40. Costs for rectification of incompleteness and errors in the cadastre made as a result of non-performance of obligations under art. 35 and art. 37, para.1, it.1, it.2 and it.3 shall be at the expenses of the persons who bear the obligation. Art. 41. (1) (amend., SG 36/04) Cadastral map and cadastral registers shall be created by uniting data which: 1. are contained in maps, plans, registers and other documentation approved by the order of the revoked Law for the uniform cadastre of the People’s Republic of Bulgaria, the revoked Law for the territorial and urban development, the Law for the ownership and using of agricultural land and the Law for restoring the ownership of forests and lands of the forest fund, have a nature of basic cadastre data and correspond, by contents and precision, the requirements determined by the ordinance under art. 31; 2. have been gathered through geodetic, photogrametric and other measuring and calculations. (2) (amend., SG 36/04) The data for the owners and holders of other real rights, as well as for the acts from which they draw their rights shall be gathered from: 1. the registers to the maps and plans; 2. the presented acts under art. 38, para 1, item 3; 3. the registers of the municipal and regional administration; 4. the tax registers. (3) The data about the right of ownership and the other real rights shall be clarified on the basis if the preliminary property files by the order of art. 71c, par. 3, presented by the recordation service (4) (amend., SG 36/04) Data about the owners and other holders of real rights will not be indicated in the cadastral register of immovable properties, as well as about the acts from which they draw their rights if they are not established by the order of para 2. Art. 41a. (new, SG 36/04) In the cases of art. 36, item 1 and art. 38, para 1, item 2 the boundaries shall be marked only in the territories pointed out by the order for opening a procedure, where the cadastral map and the cadastral registers are created through geodetic, photogrametric and other measuring. Art. 42. (1) For the production and maintenance of cadastral mapping of the country, a three dimensional network of geodetic base points shall be maintained as a uniform reference base for geodetic surveys. (2) Geodetic co-ordinates in the cadastre shall be determined in a uniform co-ordinate reference system. Art. 43. (1) Boundaries, that are objects in the cadastre, shall be fixed, as follows: 1. state border - by international treaties; 2. boundaries of administrative-territorial units - pursuant to the provisions and routines, established by the Law on Administrative-Territorial Structure of the Republic of Bulgaria; 3. (amend., SG 36/04) boundaries of territories in creating new settlements or change of the existing ones - by a commission, appointed by the regional governor, composed of: chairperson - a representative of the regional administration, and members: representatives of the relevant municipal administrations, representatives of the mayoralties and the cadastre office; 4. boundaries of territories of identical durable landuse - pursuant to provisions and routines, established by law or other statutory act, or with approved development plan; 5. boundaries of landed properties: a) from the situation demarcated in loco, in compliance with the acts under art. 37, para.1, it.3; b) from the operative materials, produced in the course of fixing the boundaries; c) from the image of an approved cadastral map. d) (new, SG 36/04) from plans and maps indicated in art. 41, para 1, item 1. (2) The Cadastre agency shall not bear responsibility for displacements in mapping out the boundaries of landed properties in the cadastral map, that are smaller than the allowances according to the ordinance under art. 31. (3) Disputes on boundaries of landed properties and of territorial units shall be resolved by court procedures. (4) The boundaries of landed properties and boundaries of territories belonging to settlements shall be demarcated in loco and pursuant to routine, established by the ordinance under art. 31. Art. 44. (1) (amend., SG 36/04) The self-contained objects in buildings - condominiums shall be ascertained by the building documentation, acts/deeds of ownership, or by depiction in loco. (2) (revoked, SG 36/04) Art. 45. The cadastral map and cadastral registers of the district, produced by the person determined in the order of art. 34, para.2, shall be accepted by the cadastre office. Art. 46(1) The accepted cadastral map and cadastral registers of immovable properties shall be publicized to the interested parties pursuant to the routine under art. 35, para.3. (2) Owners may, within a 30-days term after the publication in "State Gazette", lodge to the cadastre office objections in writing on the cadastral map and the cadastral register of immovable properties. (3) (new, SG 36/04) Written objections for the parts of the cadastral map and the cadastral registers created by the order of art. 41, para 1, item 1 may be made only regarding non-compliance with the data from the plans and maps used in their creation. Art. 47. (1) Objections shall be examined by a commission composed of: chairperson - the head of the cadastre office, and members: representative of the cadastre office, representatives of the municipal and the regional administration, and representatives of departments concerned. (2) The executive director of the Cadastre agency shall, by an order, nominate in person the commission membership, by municipalities. (3) The chairperson shall organize the work of the commission. Art. 48. (1) The commission shall adjudicate motivated rulings on the objections within a 30-days term after the expiry of the term under art. 46, para.2. (2) Alterations of the cadastral map and cadastral register for immovable properties in conformity with the rulings under para.1 shall be effected by the person, determined with the order under art. 35 para.2, within 60-days. (3) The fulfillment of obligations under para.2 shall be accepted pursuant to the routine under art. 45. Art. 49. (1) The accepted cadastral map and cadastral registers of the district shall be approved by an order of the executive director of the Cadastre agency, that shall be communicated to the interested parties pursuant to the routine under art. 35, para.3. (2) (suppl., SG 36/04) The order under para.1 may be subject to appeal - within a 30-days term after its publication in "State Gazette", pursuant to the routine under the Law on Administrative Proceedings - at the regional court at the location of the property. (3) The Cadastral agency shall in seven days after the elapse of the term of par. 2 notify the Minister of justice that cadastral map and cadastral registers for the corresponding territory have been approved and submit to the recordation office: 1. plan - copy of the cadastral map and for independent site in a building - also a scheme, with excerpt from the cadastral register of the immovable properties about each immovable property made on paper - for the property file; 2. the cadastral register of the immovable properties - on magnetic, optic or other technical carrier; 3. data about the received appeals under par. 2. (4) (new, SG 36/04) The order under para 1 may be appealed by the owners and the holders of other real rights over the immovable properties and the neighbouring ones, within the range of the cadastral map. (5) (new, SG 36/04) The order for approval of the cadastre map and the cadastral registers shall enter into force upon expiration of the term under para 2 for the properties for which no complaints have been laid. (6) (new, SG 36/04) Para 3 shall also apply in the cases of art. 35a. Art. 49a. (new, SG 36/04) (1) The worked out cadastral map and cadastral registers by the order of art. 35a shall be accepted by the cadastre office about which the interested persons shall be notified by the order of the Civil Procedure Code. They may make written objections within 14 days from receipt of the notification before the cadastre office. (2) The commission under art. 47, para 1 shall announce its decision within 14 days from expiration of the term for filing objections. The amendments of the cadastral map and of the cadastral registers according to the decisions of the commission shall be introduced by the person under art. 35b, para 2 within 14 days. (3) The accepted cadastral maps and cadastre registers under para 1 shall be approved by an order of the head of the cadastral office, respectively of the executive director of the Cadastre Agency. (4) The order shall be announced to the interested persons by the order of the Civil Procedure Code and shall be subject to appeal within 7 days before the regional court at the location of the property. (5) In the cases of para 1 – 4 shall apply respectively the provisions of art. 46, para 3 and art. 49, para 4 and 5. Art. 49b. (new, SG 36/04) Upon the promulgation of the cadastral map and the cadastral registers for the respective territory for issuance of acts which acknowledge or transfer the right of ownership, or establish, transfer, amend or terminate another real right on an immovable property shall be required schemes – copies of the cadastral map issued by the Cadastral Agency. Art. 50. Provisions and routines for control and acceptance of the cadastral map and cadastral registers shall be prescribed by an ordinance, issued by the minister of regional development and public works. Chapter six. MAINTAINING THE CADASTRAL MAP AND THE CADASTRAL REGISTERS UP-TO-DATE Art. 51. (1) The cadastral map and the cadastral registers shall be maintained up-to-date on the basis of information received pursuant to the routines under art. 52 and art. 86, para.1, as well as from geodetic surveys. (2) Geodetic surveys shall be performed in cases of changes of boundaries of landed properties and of outlines of buildings, in case of establishment of new cadastral objects, as well as in case of replenishment of incompletenesses and rectification of errors. (3) Displacements of earth masses as a result of natural disasters shall not change the boundaries of landed properties in the cadastre. Art. 52. (1) The courts and offices of "State property" and "Municipal property" shall - within a 7-days term - hand over to the cadastre office by location of the property a copy of any act/deed - either recognizing, ascertaining or conveying right of ownership on, or establishing, conveying, modifying or terminating other real right over, an immovable property, as well as of any acts/deeds in case of subdivision, partition and amalgamation of immovable properties. (2) The Commission for farm lands at the Ministry of Agriculture, Forests and Agrarian Reform shall send to the cadastral office at the location of the property a copy of the decision with which is allowed change of the landuse of far land in 7 days term after the payment of the fee under art. 30 of the Law for preservation of the farm lands. (3) The National Forestry Board shall send to the cadastre office at the location of the property copy of the acts about the forests and the lands excluded from the forest land entirety in 7 days term after the payment of the fee under art. 30 of the Law on Farm Land Protection. (4) The owner - or the investor, respectively - must furnish to the cadastre office the data about the constructed buildings, super-structures, building extensions, buildings under the earth's surface, reconstructed or removed buildings, as well as for the relevant objects under art. 34, pursuant to provisions and routine established by the ordinance under art. 31. (5) Occupancy permit for a building or other structure shall not be issued unless the owner - or the investor, respectively - has submitted a certificate from the cadastre office that the obligation under par. 4 has been fulfilled. (6) (revoked, SG 36/04) Art. 53. (1) The approved cadastral map and cadastral registers may be altered in case that: 1. they contain incompletenesses or errors; 2. they were approved in violation of the law; 3.additional cadastral data are mapped out/recorded pursuant to the routine under art. 34, para.1. (2) Incompletenesses or errors in basic data in the cadastral map and cadastral registers shall be replenished or rectified by the Cadastre agency upon request of the interested party. Should the incompletenesses or errors be related with any litigation on material right, these shall be remedied after its resolving by court procedures. (3) Incompletenesses and errors under para.1, it.1 shall be ascertained in loco by the cadastre office, by an act to be signed by the ones who have drawn up, requested and by the owners directly concerned. Art. 54. (1) Alterations in the cadastral map and the cadastral registers under this chapter shall be approved by an order of the executive director of the Cadastre agency, or any head of cadastre office empowered by him. The order shall be communicated to the interested parties pursuant to the routine of the Civil Procedural Code. (2) (suppl., SG 36/04) The order under para.1 may be appealed against pursuant to the routine under the Law on Administrative Proceedings - at the regional court at the location of the property. (3) The Cadastre Agency shall with present to the registry office no delay a copy sketch and a copy of the approved cadastral register of the real properties for each property upon: 1. Division or merger of real property at the request of the owner; 2. Division of immovable properties resulting from change of boundaries of the administrative-territorial units, land boundaries, boundaries of territories with the same durable land use; 3. Division of real property upon change of the durable land use of some part of the property; 4. Deletion of incompleteness and errors. (4) At court subdivision the court shall assign the detached shares after they have received identifiers in the cadastre by the order of this law. (5) At voluntary subdivision the order of par. 4 shall be applied. The voluntary subdivision shall not be valid if the shares of the sub-dividers have not received identifiers at the cadastre. Chapter seven. FURNISHING CADASTRAL DATA Art. 55. (1) The Cadastre agency shall, upon request, issue information excerpts from the cadastral map and the cadastral registers. (2) Information excerpts shall be written and verbal. (3) Written information excerpts may be: 1. sketches - copies of the cadastral map with an excerpt of the cadastral registers, and for a self-contained object in a building - condominium, a chart of the object, as well; 2. sketches - copies under it.1, containing additional cadastral data, as well. 3. other excerpts of the cadastre. (4) Verbal information excerpts may also be furnished on telephone, telefax or by other technical means. Information excerpt effected by direct access to the information system shall have the significance of a verbal information excerpt. (5) Information excerpts containing additional cadastral data under art. 34, para.1 must include also information about their updatedness. Art. 56. (1) Upon request from the owner, the boundaries of the landed property shall be demarcated in loco with permanent marks by the cadastre office, on the basis of the cadastral data. (2) In case of court and voluntary subdivision, or else sale of part of immovable property, amalgamation of abutting immovable properties, as well as in case of partition of an immovable property upon request by the owner, or else in relation with the change of durable landuse, the cadastre office shall attribute identifiers and issue sketches, and for a self-contained object in a building - condominium, a chart of the object, as well. Should the sketch be produced by a licensed person, it shall be certified by the cadastre office. Art. 57. (1) Information excerpts and services rendered by the cadastral bodies shall entitle one singular use, in one only procedure, of the data received. (2) In order to reproduce cadastral data and separate materials with the intention of further use, a consent of the Cadastre agency shall be required. (3) In terms of para.2, processing of cadastral maps, registers and data in digital format shall be deemed reproducing, as well. Art. 58. (1) Provisions and routines for furnishing cadastral data shall be prescribed by an ordinance, issued by the minister of regional development and public works. (2) The provisions and routines for furnishing cadastral data by direct access to the information system shall be prescribed by the ordinance under art. 7, para.3. (3) The Cadastre agency shall furnish cadastral data to departments and municipalities on the basis of a contract concluded under the provisions of art. 8, para.4. Chapter seven. "A" RECORDATION AGENCY (new, SG 36/04) Art. 58a. (new, SG 36/04) (1) Created is Recordation Agency as an executive agency with the Minister of Justice, which is a corporate body with a seat in Sofia and recordation offices in the seats of the district courts. (2) The recordation offices are territorial units of the Recordation Agency. (3) The funds raised from deductions to the amount of 25 percent of the fees collected under this law, as well as from additional proceeds for the budget representing fines established and collected pursuant to penal provisions, issued under this law, shall be assessed and spent only for development of the material basis, for improvement of the qualification and for stimulation of the employees of the Agency under terms and by an order determined by an ordinance of the Minister of Justice. The funds for stimulation of the employees may not exceed 25 percent of the annual size of the funds for salaries. Art. 58b. (new, SG 36/04) (1) The Recordation Agency shall: 1. organize the work for creation and maintenance of the property register; 2. provide the link between the property register and other registers; 3. provide the development and the technical improvement of the property register; 4. create and maintain a central archive in electronic form of the lots of immovable properties and recorded acts with the documents enclosed to them; 5. provide the improvement of the qualification of the employees; 6. be administrator of the proceeds from the fees and fines collected under this law; 7. carry out other functions stipulated by the structural regulation. (2) The recordation office in the magisterial precinct of the respective district court shall: 1. make entries, notes and deletion by order of the judge for the recordation; 2. prepare and submit to the Recordation Agency the information under para 1 – 4; 3. take information excerpts and issue certificates for the entries; 4. carry out activities related to the creation of the property register determined by the ordinance under art. 5, para 3. Art. 58c. (new, SG 36/04) (1) The Recordation Agency shall be headed by an executive director. (2) (revoked – SG 39/05) Art. 58d. (new, SG 36/04) The activity, structure, organization of the work and the staff of the Recordation Agency shall be determined by a structural regulation adopted by the Council of Minister at a proposal of the Minister of Justice. Part three. PROPERTY REGISTER Chapter eight. LOT OF IMMOVABLE PROPERTY. LOT DOSSIER Art. 59. (1) The lot of each immovable property shall comprise of the following five sections: 1. Section "A" - for the property; 2. Section "B" - for recognition, ascertainment and conveyance of the right of ownership and for the owner; 3. Section "C" - for establishment and conveyance of other real rights and for the legal facts and circumstances, subject to recordation, except those under it.4 and it.5; 4. Section "D" - for mortgages; 5. Section "E" - for interdictions. (2) The act/deed subject to recordation shall be recorded in the lot section, where it pertains to. (3) The minister of justice shall approve a sample format of a lot. Art. 60 In section "A" of the lot shall be recorded: 1. the identifier; 2. the type of property - landed property, building, or self-contained object in a building; 3. the address; 4. the boundaries of the landed property (the identifiers of the abutting properties - or the self-contained object in a building - condominium, respectively); 5. area in square meters or in decares; 6. designation of the property; 7. number of floors of the building; 8. the circumstance under art. 67, para.2 of the Law on Inheritance. Art. 61. (1) In section "B" of the lot shall be recorded: 1.name, "EGN" (i.e. Unified Citizen's Number) or other identification number, address - for any owner - individual; 2.name, organizational form, seat and code under the Unified state register of the economic objects in the Republic of Bulgaria or other identification number - for any owner - corporate body; 3. name, organizational form, seat and code under the Unified state register of the economic objects in the Republic of Bulgaria or other identification number of the state corporate body to which has been conceded the management - for the immovable properties - state property. 4. name, organizational form, seat and code under the Unified state register of the economic objects in the Republic of Bulgaria or other identification number of the organizations or juridical persons on municipal budget upkeep, entrusted pursuant to the routine under art. 12, para.2 of the Law on Municipal Property with the free stewardship and management - for any immovable property - in municipal ownership; 5. name and code under the Unified classificator of the administrative - territorial and the territorial units - for any immovable property - in municipal ownership; 6. the court, the type of register and the number of volume and lot - for local juridical persons registered in a court register and for foreign juridical persons, that have registered a branch in the Republic of Bulgaria; 7. code under the Unified state register of the economic objects in the Republic of Bulgaria or other identification number - for local and foreign juridical persons, that have no court registration; 8. type of ownership - private or public; 9. in case of co-ownership - the undivided shares (fractions), as well as the data about the co-owners, or else in case of matrimonial joint ownership - the data about the spouses; 10. the act/deed from which the owner's right stems; 11. the number and date of notary act/deed or other act under art. 112 of the Law on Ownership, subject to recordation, as well as the date of recording; 12. the claims under art. 114 of the Law on Ownership; 13. the circumstance that the act/deed under it.11 is under caveat or for a term. (2) In section "B" shall be noticed: 1. the application for recording; 2. the rejection by the recordation judge to enact recordation; 3. the appeal against the rejection under it.2. Art. 62. (1) In section "C" of the lot shall be recorded: 1. the type of right; 2. the subject vested in the right; 3. term, should the right be for a term; 4. the act under art. 112 of the Law on Ownership, subject to recordation; 5. the claims under art. 114 of the Law on Ownership; 6. contracts, subject to recordation; a) type of contract; b) date of conclusion, parties and subject-matter; c) the circumstance that the contract was concluded under caveat or for a term. (2) In section "C" shall be noticed: 1. the application for recording; 2. the rejection by the recordation judge to enact recordation; 3. the appeal against the rejection under it.2. Art. 63. (1) In section "D" of the lot shall be recorded: 1. type of mortgage - statutory, contractual, or for a collateral to a court; 2. type, number, date and issuer of the act/deed, on the grounds of which the recordation was effected; 3. amount of the receivable, for the securing of which the mortgage was established - principal, interest, expenses; 4. due date; 5. the mortgagee - respectively, with the data about him, indicated in art. 61., para.1; 6. the mortgagor - respectively, with the data about him or about the person for whose debt the mortgage was established, should the latter be other than the owner, indicated in art. 61, para.1; 7. changes of the receivable; 8. the crossing-out of the mortgage and the grounds; 9. the circumstance that the contract was concluded under caveat; 10. renewal of the mortgage. (2) In section "D" shall be noticed: 1. the application for recording; 2. the rejection by the recordation judge to enact recordation; 3. the appeal against the rejection under it.2. Art. 64. (1) In section "E" of the lot shall be recorded: 1. type of interdiction - general or for a separate property; 2. number and date of the act for imposing the interdiction and the body that imposed the interdiction; 3. number and date of recordation of the interdiction; 4. amount of the secured sum; 5. crossing-out of the interdiction and the grounds. (2) In section "E" shall be noticed: 1. the application for recording; 2. the rejection by the recordation judge to enact recordation; 3. the appeal against the rejection under it.2. Art. 65. (1) The lot shall be kept for immovable property having an identifier. (2) Each lot shall have an independent number. Art. 66. (1) In case of partition of an immovable property, separate lots shall be opened for each newly established property, where the lot number and the cadastre identifier of the partitioned property shall be recorded. (2) In the lot of the partitioned property, the lot numbers and the cadastre identifiers of the newly established properties shall be recorded, and it shall be closed down. (3) Real rights, mortgages and other real encumbrances over the partitioned property shall be recorded in the newly opened lots. Art. 67. (1) In the lot of a property, being formed by amalgamation of properties, shall be recorded the lot numbers and cadastre identifiers of the properties forming it, as well as the real rights and the other real encumbrances over each of the properties. (2) In the lots of the amalgamated properties, the lot number and the cadastre identifier of the newly established property shall be recorded, and they shall be closed down. Art. 68. (1) The lot shall be kept on paper and on other data storage media. In case of inconsistency between the two records, legal action shall be ensued by the one kept on paper. (2) Lost or destroyed lot shall be recovered by order determined in the ordinance of art. 5, par. 3. Art. 69. (1) In a lot dossier shall be stored: 1. the acts/deeds that served as grounds for recordation; 2. the sketch of the property and the chart of the self-contained object in a building; 3. the documents under art. 72. (2) The lot dossier shall bear the lot number. Chapter nine. CREATING OF THE PROPERTY REGISTER Art. 70. (1) The procedures for creating the property register for each judicial district shall be opened with an order by the Minister of Justice in compliance with the program of art. 94, par. 2. (2) In the order of par. 1 shall be pointed out the judicial district and the schedule of preparation of the property lots by the separate regions according to art. 35, par.2 as well as the recordation judge shall be determined. (3) The order shall be promulgated in State Gazette. Art. 71. (1) The recordation offices shall prepare preliminary lots and lot dossiers about the immovable properties on the grounds of the data, contained in the recordation books, as well as these under art. 41, par. 1, 2 and the acts, received from the Cadastral Agency. (2) (suppl., SG 36/04) At transaction with immovable property when there is no prepared preliminary lot together with the recordation the recordation judge shall open preliminary lot for this property and enter its number in the act subject to recording. In the cases of art. 35a the preliminary lot shall be transformed into a lot of the immovable property. (3) The recordation office shall submits to the cadastre offices the preliminary property lots in digital form for clarification of the cadastral map and the data about the ownership and the other real rights in the cadastral register of the immovable properties as well as for giving identifiers. Art. 72. (1) The recordation judge shall transform the preliminary lots into lots of immovable properties under this law, following the submission of the endorsed under art. 49 cadastral map and cadastral register for immovable property. (2) The recordation judge shall not transform the preliminary lot of an immovable property for which there is a submitted claim under art. 49, par.2 as well as when the holder of the real right is not identified pursuant to the routine under art. 41. (3) At falling away of the circumstance under par. 2, the respective preliminary lot shall be transformed into a lot of the immovable property. Art. 73. (1) After the property lots are prepared for the whole judicial district the establishing of the property register for the corresponding judicial district shall be announced with an order by the Minister of Justice. The order shall be promulgated in State Gazette. (2) Order according to para.1 shall be issued when there are lots under art. 72,par. 2 in the court region. Art. 74. (1) (amend., SG 36/04) Till the promulgation of the order of art. 73, par.1 the recording shall be implemented according to the previous order and the property lots prepared under art. 71 shall be automatically up-dated entering the corresponding data in software way. The recordation judge shall enter in the act subject to entering also the number of the property lot of the immovable property. (2) In six months term after the promulgation of the order of par. 1 each interested party can require filling in the property lot acts recorded according to the previous way which have not been reflected in it. The acts, which have not been entered in the property lot by the order of the first sentence, shall not have effect with regard to third persons except as from the day on which they have been entered by the order of art. 76 and the following Art.s. Art. 75. The order for creating the property register shall be determined with the ordinance of art. 5, par. 3. Chapter ten. RECORDATIONS IN THE PROPERTY REGISTER Art. 76. (1) Recordation in the property register may be effected: 1. by request from an interested party or its representative; 2. by request from a notary in cases, envisaged in a law; 3. ex officio - in cases, envisaged under a law. (2) Ex officio opening and closing of lots shall be accomplished in the cases under Art. 54, par. 3. Art. 77. (1) The application for recording shall be written in Bulgarian language, and shall include: 1. the name, address and other data about the applicant, indicated in art. 61, para.1; 2. the legal fact, subject to recordation; 3. the description of the immovable property; 4. the identifier of the immovable property from the cadastre; 5. the lot number; 6. other circumstances, envisaged in a law; 7. signature of the applicant. (2) To the application shall be attached: 1. sketch - copy of the cadastral map with an excerpt from the cadastral registers, and for the self-contained object in a building - a chart, as well; when the act subject to entering provides the formation of new properties a sketch - copy of the changed cadastral map and cadastral register of the immovable properties by the order of art. 54, par. 1 shall also be attached; 2. the documentary evidence, certifying the legal fact being recorded; 3. power of attorney, in case that the application is lodged by a representative. Art. 78. (1) (suppl., SG 36/04) The application for recording shall be lodged to the recordation judge through the recording office. (2) On the application shall be noticed the year, month, date, hour and minute of its lodging, and an incoming number shall be put down. (3) After the performance of the actions under para.2, shall be noticed in the relevant lot section of the property, that an application for recording was lodged. (4) The application may be withdrawn by a new application. Art. 79. The application for recording should not be lodged under caveat, for a term, or any reservation whatsoever. In case that the applicant has lodged more than one application, he may request that the one recordation should not be effected without the other. Art. 80. The act/deed shall be recorded, provided that the grantor was recorded in the property register as the one vested in the right, except in case of acquisition of right by adverse possession. Art. 81. Entries in one and the same lot section of one property shall be effected by order of lodging the applications. Art. 82. (1) The recordation judge shall enact that a recordation should be effected, only after he has checked whether the requirements of the law - as well as of the prescribed by law format of the act/deed recognizing, ascertaining, establishing, conveying, modifying or terminating the real right - have been complied with. (2) (revoked, SG 36/04) (3) The determination for recording shall be subject to immediate effecting. Art. 83. The recordation judge shall reject recording, when the requirements envisaged in the law are not in place. Art. 84. (1) In any instance of recordation, the date (day, month and year) on which it is effected shall be noted in the lot. The recordation shall be certified with the signature of the recordation judge. (2) On a recorded act/deed, the incoming number, the date of recordation and the lot number shall be reflected. (3) The determination, by which recording was rejected, as well as the appeal lodged, shall be noticed in the lot, which will preserve the order under art. 81. (4) If no appeal is lodged against the determination by which recording is rejected, the effected notice shall be crossed out ex officio. Art. 85. The recordation shall be ineffectual, provided that a determination by the recordation judge is missing, or else it is not certified pursuant to the routine under art. 84, para.1. Art. 86. (1) (amend., SG 36/04) The recordation office shall immediately notify the pertinent cadastre office about the newly formed lots and the effected recordation. (2) The sample formats of the documents, by which information under para.1 will be communicated, shall be approved by the Minister of Justice and the Minister of Regional Development and Public Works. Art. 87. Unless otherwise envisaged in this law, the provisions of chapter XLVI of the Civil Procedural Code shall be applied, accordingly. Chapter eleven. CHALLENGING A RECORDATION. RECTIFICATION AND CROSSING-OUT OF EFFECTED RECORDATIONS Art. 88. Any recordation in the property register may be challenged pursuant to the routine under art. 431, para.2 and para.3 of the Civil Procedural Code. Art. 89. Apparent factual error of the recordation in the property register shall be rectified pursuant to the routine of art. 192, para.2 of the Civil Procedural Code by a determination of the recordation judge. Art. 90. (1) A recordation in the property register shall be crossed out, provided that - pursuant to a claiming routine - a non-admissibility or voidness of the recordation, as well as the non-existence of the recorded circumstance was ascertained. (2) Crossing-out shall be effected upon request by the interested party, a prosecutor, or ex officio - by a determination of the recordation judge. (3) The determination by which any crossing-out is effected or rejected shall be communicated under the routine of the Civil Procedural Code to the party that requested it, or to the interested party and it will be subject to appealing by private appeal to the regional court. The ruling of the regional court shall be final and shall not be subject to appealing. Art. 91. (1) The crossing-out of recordation shall be effected by underlining the text, subjected to the crossing-out and a remark that the underlined text with an indication of its beginning and its end, was crossed out. (2) In case of inconsistency between the underlining and the remark for crossing out the text, the text indicated in the remark shall be considered as the crossed out text. Chapter twelve. PUBLICITY OF THE PROPERTY REGISTER Art. 92. Inquiry in the property register and information excerpts from the lots shall be made only by separate properties. Art. 93. (1) Anyone may receive a verbal information about the recordations in a lot of an immovable property, a transcript or an excerpt from it, or a certificate for a recorded, or non-recorded circumstance in it. (2) The Minister of Justice shall approve the sample formats of the certificates. Part four. LONG-TERM AND ANNUAL PROGRAMME FOR THE CADASTRE AND PROPERTY REGISTER (Title amend., SG 36/04) Art. 94. (1) Activities related with the production and storage of the cadastral map, the cadastral registers and the information system shall be financed by funds from the sources under art. 9. (2) The Council of Ministers, upon suggestion of the Minister of Regional Development and Public Works and the Minister of Justice, shall accept a long term as well as an annual program for the activity for creating the cadastre and the property register. (3) (amend., SG 36/04) On the basis of the annual program with the approved budgets of Ministry of Regional Development and Public Works and of the Ministry of Justice, shall be determined the necessary funds for production, maintenance, updating and storage of the cadastral map, the cadastral registers and the property register, as well as of the information systems. Art. 95. (revoked, SG 36/04) Part four. ADMINISTRATIVE-PUNITIVE STIPULATIONS Art. 96. (1) Fine to the amount from 10 to 400 levs shall be the penalty for any individual who: 1.commits actions in violation of art. 39, para.2; 2. destroys or displaces geodetic monument or permanent mark demarcating boundary of landed property or territory belonging to settlement; 3.does not fulfil obligations under art. 38, para.1, it.4 and art. 52, para.4. (2) Fine to the amount from 400 to 1000 levs shall be the penalty for any officer who: 1. does not fulfil obligation assigned under this law; 2. produces, orders the production of, or approves development plans and building documentation without compliance with the basic data in the cadastral map and the cadastral registers; 3.issues an occupancy permit for a building in violation of art. 52, para.5; 4. commits actions in violation of §6, par. 2. (3) When a legal entity or sole proprietor conducts a violation under par. 1, sanction to the amount from 1000 to 5000 shall be imposed. Art. 97. (1) Any individual who in violation of art. 56 uses cadastral data from the cadastral map and the cadastral registers, approved by routines of this law, shall be penalized by fine to the amount from 50 to 1000 levs. (2) When a legal entity or sole proprietor conducts a violation under par. 1, sanction to the amount from 2000 to 5000 levs shall be imposed. Art. 98. (1) (suppl., SG 36/04) Violation shall be ascertained by act of an official, assigned by the minister of regional development and public works, respectively by the Minister of Justice. (2) (amend., SG 36/04) Punitive writs shall be served by the minister of regional development and public works, respectively by the Minister of Justice or officials authorized by them. (3) (suppl., SG 36/04) The fines shall be paid as income to the Ministry of Regional Development and Public Works, respectively to the Ministry of Justice. (4) Ascertainment of violations, serving, appealing and execution of punitive writs shall be effected according to provisions and under routine, established by the Law of Administrative Violations and Penalties. Additional provisions § 1. In terms of this law: 1. "Self-contained object in a building" shall be one floor or a part of a floor in compliance with chapter four of the Law on Property; 2. "Rough construction" shall be a building or structure which surrounding walls and roof have been made, without or with different stages of the finishing works being made; 3. "Durable land use of territory" shall be its permanent status provided by the order of a law; 4. "Chart of a self-contained object in a building" shall be a graphical depiction of the self-contained objects in a building with their reciprocal positions and their identifiers; 5. "Area" shall be the area determined on the basis of geodetic co-ordinates of the points defining boundaries of landed properties or outlines of buildings, respectively; 6. "Digital form" of the cadastral map, respectively of the recordation books, shall be a digital record in a certain format of the full content on magnetic, optic or other technical storage media, that - by computer processing - will allow reproduction on a screen or conventional data storage medium; 7. "Conventional storage media" shall be paper, polyester foil or other material with similar properties; 8. "Geodetic base points" shall be the stations of the state geodetic control network and of the local survey control network; 9. "Apparent factual mistake" shall be the inconsistencies between the durable topographic objects, of natural or artificial origin, existing on the spot, surveyed according to the requirements of this law and the data about them on the map or the plan; 10. (suppl., SG 36/04) "Address of an immovable property" shall be the description of its location consisting obligatory of the name of the region, the municipality and the settlement or settlement formation, and including name of a street, respectively square or boulevard, residential complex, quarter, number, entrance, floor, self-contained object in a building. For immovable properties in farm lands, forests and lands of the forest entirety - respectively name of the locality. 11. (new, SG 36/04) "combined sketch for full or partial identity of the boundaries of a landed property" is a scheme showing the combined data from previous cadastral, regulation or structural plans, as well as maps and plans according to the Law for the ownership and using of agricultural lands and the Law for restoration of the ownership of the forests and the lands of the forest fund; 12. (new, SG 36/04) "group of properties" is a combination of no more than 50 neighbouring landed properties; 13. (new, SG 36/04) "interested persons under art. 54, para 1" are the owners and the holders of other real rights of immovable properties, whose rights are affected by the change. § 2. Geographic features in the cadastre shall be designated with their established official names. Transitional and concluding provisions § 3. Departmental cadastres in terms of art. 3, para.4 of the Law on Unified Cadastre of the Republic of Bulgaria, produced prior to the effective date of this law, shall be deemed specialized maps, registers and information systems under chapter four. § 4. (amend., SG 36/04) Prior to the approval of a cadastral map and cadastral registers: 1. the sketches of the immovable properties shall be issued by the previous order; 2. the cadastral plans and registers (register lists) to them, approved by the order of the revoked Law for the unified cadastre of the People’s Republic of Bulgaria and Law for the territorial and urban development shall be maintained by the municipal administration, indicated in which shall be all occurred changes in the immovable properties by an order determined by the ordinance under art. 31; the changes shall be approved by an order of the mayor of the municipality, and for the cities with regional division – by the mayor of the region; 3. the plans, the maps and the registers approved by the order of the Law for the ownership and using of the agricultural lands and the Law for restoration of the ownership of the forests and lands of the forest fund shall be maintained by the municipal offices of agriculture and forests under terms and by an order determined by an ordinance of the Minister of agriculture and forests; 4. the data under art. 52, para 4 shall be submitted to the municipal administration which shall issue the certificate under para 5 of the same article. (2) For the regions where procedure is opened for creation of cadastral map and cadastral registers the bodies under para 1, item 2 and 3 shall produce to the Cadastre Agency the data of the changes in the plans and maps maintained by them within 7 days from their introduction. (3) Upon approval of the cadastral map and cadastral registers the activities of the municipal office of agriculture and forests in charge of maintaining the map of the restored ownership and the issuance of sketches from it for the respective and shall be terminated. (4) Upon approval of the cadastral map and cadastral registers the activity of the municipal administration on maintaining the cadastral plans and issuance of sketches from them for the respective land shall be terminated. § 5. (1) In terms of this law a parcel, for which a courtyard-regulation plan has been implemented, shall be considered landed property. (2) The courtyard-regulation plan shall be implemented for these parts for which the due indemnity has been paid for the added to the parcel immovable properties of other physical and juridical persons, respectively when the parts of the co-owners within an established by a regulation common parcel are equalized. § 6. (1) (amend., SG 36/04) Until the issuance of the order under art. 35, para 1 the Cadastre Agency shall determine the territories where the cadastral map and the cadastral registers will be created through using the data from the maps and plans under art. 41, para 1, item 1, respectively the territories where the data are gathered through geodetic, photogrametric and other measuring and calculations by: 1. assessing the maps, the plans, the registers and the other documentation approved by the order of the revoked Law for the unified cadastre of the People’s Republic of Bulgaria and Law for the territorial and urban development, the Law for the ownership and using of the agricultural lands and the Law for restoration of the ownership of the forests and lands of the forest fund for their compliance with the requirements for contents and precision determined by the ordinance under art. 31; 2. transform into digital form the graphic forms which meet the requirements of item 1; 3. unite the data of the maps and the plans in digital form which meet the requirements of item 1. (2) For the creating of cadastral map and cadastral registers the bodies who work out, approve, maintain and preserve maps, plans, registers and other documentation of par. 1 shall submit to the Cadastral agency in two weeks term after the requirement copies of them as well as of acts with which they are repealed, changed or redone under the conditions of art. 8, par. 5. The maps, plans and registers shall be submitted on a magnetic, optical or other technical data carrier. (3) The municipalities and other corporate bodies preserving cadastral plans shall submit gratuitously to the Cadastral agency the originals and the documentation connected with them in two weeks term after the request. (4) (Amend. SG 99 2002) The bodies of state power, local government and municipal service for agriculture and forestss shall submit to the Cadastre office copies of all acts, with which an ownership right or other real right is recognized, ascertained or restored as well as of enforced acts, with which the rights of the owners under the law on Ownership and Use of Farm Lands are restored, within 30-days after their request or after the promulgation of the order in the State Gazette under art. 35, par.1. The Cadastre agency shall pay only the actual costs, made for the production of the copies. (5) At the opening of a procedure for developing the cadastral map and cadastral registers the acts under par. 4 shall be submitted in sets by separate regions according to art. 35, par. 2. (6) The bodies of par. 2 shall be obliged to certify the correctness of the submitted data at handing over. (7) (revoked, SG 36/04) (8) When, at creating cadastral map and cadastral registers, an apparent factual mistake is found in the data of par. 2, connected with the implementation of the Law for ownership and use of farm land and the Law for restoration of the ownership in forests and the lands of the forest domain, it shall be rectified by the routine of this law. (9) The affected at the rectification of apparent factual mistake under the conditions of par. 4 shall be indemnified by the order of art. 10b of the Law for ownership and use of farm lands, respectively art. 6 and §8 of the transitional and concluding provisions of the Law for restoration of ownership in forests and land of the forest entirety. § 7. The Council of Ministers, the regional governors and the mayors shall in six months term after the promulgation of the law in State Gazette concede buildings and other material base for the Cadastral agency and its territorial units. § 8. The Law for the unified cadastre of the People's Republic of Bulgaria (SG 36/79; amend. SG 102/81, SG 45/84, SG 104/96) shall be repealed. § 9. Within the Law on Territorial and Urban Development (Prom. SG SG29/1973; corr. SG32/1973; amend. and suppl.: SG87/1974, SG3 and SG102/1977, SG36/1979; SG3/1980, SG45/1984, SG19/1985, SG36/1986, SG14/1988, SG31/1990; corr.: SG32/1990; amend.: SG15/1991; SG63/1995, SG104/1996, SG41 and SG79/1998; amend.: SG124 and SG133/1998, SG26 and SG86/1999, SG14/2000), the following amendments and supplements shall be made: 1. Art. 21 shall be amended to: "Art. 21. (1) Development and regulation plans shall regulate streets, roads and properties for sites - in public state and municipal ownership; shall regulate properties - in private ownership, if these have not been regulated; and shall establish the specific landuse of each property, as well as the development in the properties for development. (2) The detailed urban development plans, beside their full format in terms of para.1, may also be: 1. plan for regulation and development regime; 2. plan for regulation without development regime; 3. plan for regulation only of streets and sites - in public state and municipal ownership; 4. quarter development and silhouette plan. (3) In accordance with the development objectives and assignments, and in compliance with the provisions of the regulations for implementation of this law, one of the plans under para.2 may be produced and implemented. (4) For restructuring and renovation of residential complexes; of industrial, resort, tourist or other settlement formations, a development and regulation plan shall be produced and implemented. (5) Should allowances from rules and standards be regulated, or semi-detached development be envisaged in more than two parcels (regulated landed properties), then neighborhood development and silhouette plans shall be produced and approved." 2. In art. 21a, the following amendments shall be made: a) in para.1, first sentence - after the words "for non-regulated territories" - "as well as for territories with non-implemented first regulation" shall be inserted. b) in para.2, third sentence - at the end, "that shall be reflected in the cadastre and the property register, pursuant to the provisions and routines of the Law on Cadastre and Property Register." shall be appended. 3. A new art. 21b shall be laid down: "Art. 21b. Plans under art. 21 and art. 21a shall be produced on the basis of data from the cadastre." 4. In chapter two - "Territorial Management Plans", section three - "Master and Detailed Urban Management Plans", it.3, letter "c", the title shall be amended, as follows: "c. Detailed Urban Management plans". 5. Art. 27 shall be amended to: "Art. 27. (1) Plans under art. 21, para.2, it.1 and it.2 shall regulate hitherto non-regulated landed properties of natural and juridical persons for residential and villa development. (2) The envisaged arrangements of the plan shall be economically feasible and enabling objective-oriented management and development of regulated properties and neighborhoods." 6. Art. 28 shall be amended so: "Art. 28. (1) Under the routine of art. 27 may be regulated: 1. existing non-regulated landed properties - for the formation of a larger number of individual regulated landed properties, upon request from the owners with notary certification of their signatures; 2. undersized non-regulated landed properties - for their size-regularization with tracts of abutting properties; 3. abutting non-regulated landed properties - for the establishment of regulated landed properties in co-ownership. (2) In cases under para.1, it.2 and it.3, contracts in notary format shall be entered into, that shall be recorded." 7. Art. 29 shall be amended so: "Art. 29. Owners who have requested regulation of non-regulated landed properties under the routine of art. 27, shall submit to the relevant cadastre office a sketch-copy of the approved and effective detailed management plan, for the issuance of a sketch-copy under art. 54, para.3 of the Law on Cadastre and Property Register. The sketch issued by the cadastre office shall serve for the issuance of a notary deed." 8. Art.s 30 and 31 shall be repealed. 9. A new para.4 shall be laid down in art. 32: "(4) Upon expiry of the term under art. 182a, para.1, incompletenesses and errors in the cadastral map and the cadastral registers shall be rectified under the routine of art. 53 of the Law on Cadastre and Property Register." 10. In art. 46, para.1, a second sentence shall be laid down: "The placing and protection of boundary monuments shall be done in compliance with the Law on Cadastre and Property Register." 11. In art. 52, para.2, first sentence shall be amended so: "In cases under para.1, the ownership and the boundaries of landed properties shall be retained in agreement with the data in the cadastre and the property register." 12. Art. 59 shall be amended so: "Art. 59. (1) Real subdivisions of landed properties within the settlement boundaries may be acquired by legal transactions or by adverse possession only if these correspond to the requirements for minimum area and frontage, established by the regulations for implementation of this law. (2) The rule of para.1 shall not apply in cases where the subdivision of the landed property is annexed to an abutting property under the provisions of art. 28, and the remaining subdivision either corresponds to the requirements for minimum area and frontage, or is also annexed to an abutting property." 13. Art. 60 shall be repealed. 14. Art. 61 shall be amended, as follows: "Art. 61. Subdivision of landed property, located within the development boundaries of a settlement, may be effected only if the separate real subdivisions correspond to the requirements for minimum extent of area and frontage, established by the regulations for implementation of this law. The subdivision layout for the property shall be produced on the basis of a sketch - copy of the cadastre, issued by the relevant cadastre office." 15. A new art. 62a shall be laid down, as follows: "Art. 62a. In case of subdivision or amalgamation of landed properties, buildings and self-contained objects in a building, the newly established immovable properties must be attributed an identifier by the cadastre." 16. In art. 112, para.3 shall be amended so: "(3) Valuations shall be done by a commission, appointed by the municipal mayor, according market prices." 17. Art. 182a, art. 182b, art. 182c and art. 182d shall be laid down: "Art. 182a. (1) In case that till the enactment of the Law on Cadastre and Property Register the due indemnity will be paid for the abutted to the parcel immovable properties of other physical and juridical persons on the basis of an enacted courtyard-regulation plan, respectively when the parts of a formed by regulation common parcel are equalized, the plan shall be deemed implemented for these properties and the boundaries of the courtyard-regulation parcels shall be assumed for boundaries of regulated landed properties. (2) In case that, till the enactment of the Law on Cadastre and Property Register the requirements under para.1 have not been satisfied, the effect of the courtyard-regulation plans shall be terminated for the relevant properties (3) The municipalities shall ensure the implementation of the provisions in par. 1 and 2 by reflecting - ex officio, or through contracting out to qualified persons - the changes occurred in the plans. Art. 182b. (1) Within the term under art. 182a, para.1, real subdivisions of courtyard-regulation parcels shall not be acquirable by legal transactions or by adverse possession. (2) The rule under para.1 shall not apply in cases where the separate real subdivisions and the remaining subdivisions of the courtyard-regulation plan correspond to the requirements for minimum extents, established by the regulations for implementation of this law, or else, where the separate real subdivision corresponds to the requirements for minimum extents, the remaining subdivision(s) shall be annexed to the abutting parcel(s). Art. 182c. Within the term under art. 182a, para.1, the ownership of a courtyard-regulation parcel shall not be transferable, and real rights over it may not be established, provided that compensation for the subdivisions of the property, which are handed over to other persons, has not yet been paid. Art. 182d. Pending proceedings on alienation of immovable properties under courtyard-regulation plans, approved prior to the effective date of the Law on Cadastre and Property Register, shall be decided under the existing routine." § 10. Within the Law on Ownership and Use of Farm Lands (Pub.: stags. SG17/1991; rev.: SG20/1991; amend.: SG74/1991, SG18, SG28, SG46 and SG105/1992, SG48/1993, SG64/1993 - Resolution No.12/1993 of the Constitutional Court, SG83/1993, SG80/1994, SG45 and SG57/1995, SG59/1995 - Resolutions No.7 and No.8/1995 of the Constitutional Court, amend. SG79/1996, SG103/1996 - Resolution No.20/1996 of the Constitutional Court; amend.: SG104/1996, SG62, SG87, SG98 and SG123/1997, SG59, SG88, SG133/1998, SG68/199) in Art. 33 par. 2 shall be amended so: "(2) The Land commissions shall reinstate in the ownership on lands pursuant to the routine under this law, as well as perform other activities, defined by the regulations for implementation of this law. The land commissions shall maintain and update the land reallocation plans and the other materials and data, generated through the implementation of this law, and shall issue sketches in case of disposition transactions with, and subdivision of, farm lands until their submission to the Cadastral Agency, pursuant to the routine of § 6, para.2 of the Law on Cadastre and Property Register" § 11. Within the Law on Obligations and Contracts (Pub.: Stags. SG275/1950; rev.: Mourn. SG2/1950; amend.: SG69/1951, SG92/1952, Stags. SG85/1963, SG27/1973, SG16/1977, SG28/1982, SG30/1990; SG12 and SG56/1993, SG83 and SG104/1996, SG 83 and 103/1999), the following amendments and supplements shall be made: 1. In art. 166, para.1 after the words "by recordation" - "in the property register" shall be inserted. 2. In art. 169, para.1 shall be erased. 3. In art. 171 the words "for the mortgage shall be referred to in the contract or in the application for its establishment", shall be replaced by "shall be done in writing, with a notary certification of the signatures, and shall be recorded in the property register". 4. In art. 175, para.2, second sentence, after the words "to the recordation" - "in the property register" shall be inserted. 5. In art. 179, para.2, the second sentence shall be amended so: "It shall be effected by notice entry in the lot of the mortgaged property.". 6. In art. 237, para.1 at the end, "in the property register" shall be appended. § 12. Within the Law on Ownership (Pub.: Mourn. SG92/1951; amend.: SG12/1958, SG90/1960; Stags. SG99/1963, SG26 and SG27/1973, SG54 and SG87/1974, SG55/1978, SG36/1979, SG19/1985, SG14 and SG91/1988, SG38/1989, SG31/1990, SG77/1991, SG33/1996, SG100/1997 and SG90/1999), the following amendments and supplements shall be made: 1. In art. 100, the following amendments and supplements shall be made: a) the existing text shall become para.1, and at the end, the words "in the property register" shall be appended; b) para.2 shall be laid down, with the following content: "The statement for renunciation of the right of ownership under para.1 may be withdrawn prior to recording the renunciation in the property register." 2. In art. 112: a) In letter "a" a coma is placed in the end and a supplement made as follows: "as well as acts with which such rights are recognized"; b) Item "i" shall be laid down: "i) Copies of the announced wills with an object immovable property and rights on immovable property." § 13. Within art. 67, para.2 of Law on Inheritance (Pub.: stags. SG22/1949, rev.: SG41/1949; amend.: SG275/1950, SG41 and SG60/1992; Resolution No.4/1996 of the Constitutional Court of the R.B. - SG21/1996; amend.: SG104/ 1996, SG117/1997, SG96/1999), the words "by recordation pursuant to the routine of the Law on Privileges and Mortgages" shall be replaced by "by recordation in the lots of the immovable properties of the legator pursuant to the routine of the Law on Cadastre and Property Register". § 14. Within art. 158, para.2 of Law on Judiciary Power (Pub.: Stags. SG59/1994; Resolution No.8/1994 of the Constitutional Court of the R.B. - SG78/1994; Resolution No.9/1994 of the Constitutional Court of the R.B. - SG87/1994; Resolution No.17/1995 of the Constitutional Court of the R.B. - SG93/1995; supple.: SG64/1996; Resolution No.19/1996 of the Constitutional Court of the R.B. - SG96/1996; amend.: SG104 and SG110/1996, SG58, SG122 and SG124/1997, SG11 and SG133/1998; Resolution No.1/1999 of the Constitutional Court of the R.B. - SG6/1999) shall be amended so: "(2) The recordation judge shall effect the recordations in the property register and the notary actions, envisaged in a law." § 15. In art. 18 of the Law on Local Taxes and Fees (Pub.: Stags. SG117/1997; amend. and supple.: SG71/1998, SG83, SG105 and SG153/1998, SG103/1999), the following amendments and supplements shall be made: 1. In para.1 the words "of the municipality" shall be erased; 2. In para.2 the words "cadastral and other" in the brackets shall be erased; 3) Para.3 shall be laid down, with the following content: "(3) Data under para.2 from the cadastre shall be furnished pursuant to the provisions and by routine, envisaged in the Law on Cadastre and Property Register." § 16. (amend., SG 36/04) For creating the property register the Minister of Justice shall: 1. provide the introduction of a software for making the entries by the nominal system and registration of the data in the preliminary lots; 2. provide the transformation into digital form on magnetic, optic or other technical carrier of the available data in the books of entry and their registration in the preliminary lots. § 17. The Council of Ministers shall, prior to the effective date of this law, submit proposals for relevant amendments and supplements to laws in which the creation of departmental cadastres is envisaged. § 18. The Council of Ministers shall, until the enactment of this Law, approve the programs under art. 94, par.2. § 19. The effective date of this law shall be January 1, 2001, except for Art. 4 and Arts. 10 - 22 which shall enter into force on the day of promulgation of the law in the State Gazette. This law was approved by the XXXVIII National Assembly on April 12, 2000 and sealed with the official seal of the National Assembly. Chairman of the National Assembly: Jordan Sokolov Transitional and concluding provisions (SG 36/04) § 39. The started but not completed, by the day of enactment of this law, procedures of creating cadastral map and cadastral registers for one property or a group of properties shall be concluded by the order of art. 49a. § 40. (1) The started, by December 31, 2000, procedures of approval of cadastral plans by the order of the revoked Law for the unified cadastre of the People’s Republic of Bulgaria shall be concluded by the order of this law. (2) As a day of started procedure of approving a cadastral plan shall be considered the day of its filing for consideration and acceptance by the competent body. (3) The cadastral plans whose working has been assigned by December 31, 2000 shall be completed according to the normative requirements for their working in effect by the moment of conclusion of the assignment contract. They shall be accepted, announced to the interested persons and approved by the order of this law. (4) The cadastral plans which have not been approved by the respective order, but whose contents and precision correspond to the requirements determined by the ordinance under art. 31 shall be approved by the order of this law. (5) The approved cadastral plans shall be maintained by the order of § 4, para 1, item 2. § 41. Until the approval of a cadastral map and cadastral registers for the respective region the approved cadastral maps and cadastral registers under art. 35b shall be maintained by the order of the ordinance under art. 31. § 42. Until the approval of a cadastral map and cadastral registers for the respective region the sites built up in agricultural and forest territories shall be indicated in the maps and plans approved by the order of the Law for the ownership and using of the agricultural lands and the Law for restoration of the ownership of forests and lands of the forest fund. The indication shall be made upon payment by the investors of a fee according to the tariff under art. 31, para 2 of the Law for the ownership and using of agricultural lands. The Ministry of Agriculture and Forests shall be administrator of the proceeds from the fees. § 43. The pending proceedings under the revoked para 6 of § 6 of the transitional and concluding provisions of the Law for the spatial planning for filling in or correction of cadastral plans, constituted before the enactment of this law shall be concluded by the previous order. § 44. Within one month from the enactment of this law the Council of Ministers shall adopt structural regulation of the Recordation Agency. § 45. (1) Within three months from the enactment of this law the Council of Ministers shall determine an appropriate building for the Recordation Agency. (2) The Council of Ministers, at a proposal of the Minister of Justice, shall submit for the needs of the recordation offices of the Recordation Agency the using of premises in the buildings submitted for the needs of the district courts. § 46. The Minister of Justice shall approve the structure and the number of personnel of the Recordation Agency. § 47. (1) The legal terms of employment with the book-keepers of recordation in the district courts shall be settled under the terms and by the order of art. 123 of the Labour Code. (2) The legal terms of employment with the employees of the court administration carrying out the activities of book-keeper of the recordation shall be settled under the terms and by the order of art. 111 of the Labour Code until the appointment of an occupant in the recordation office. § 48. The part of the archive of the district courts including the archive materials of the recordation offices shall be submitted to the Recordation Agency. § 49. Within three months from the enactment of this law the Minister of regional development and public works shall approve forms of a combined sketch for full or partial identity of the boundaries of a landed property under art. 16, para 3 and of a sketch under § 4, para 1, item 1. |
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