Unfunctionality of the Spatial Planning Act for Bulgaria : the cases in Gurmen, Orlandovtsi, Koscharnik, Dolna Verenitza are the evidence !

In the present time, if your building do not have building documentation (this is an architectural project with current price, amounting to approximately 2000 Euro for a building with area 200 square meters), your building can not be legalised, according to the The Article 127 of the Spatial Planning Act in the Revision originating from 26.11.2012, State Gazette, Issue 82, 2012. The death line was 26.11.2013.

You can apply for document approving that “this” your building is staying on “this” land, but not in the quality of building documentation, according to The Article 127 .

With this document you can “only” sell your building.

In accordance with The Spatial Planning Act, building without building documentation is qualified as “illegal”, and according to same The Spatial Planning Act, have to be teared down.

In 2013 and 2014, The General Prosecutor Tzatsarov do not signalize the Constitutional Court for unconstitutionality of the Spatial Planning Act, despite of the fact that he in person is responsible for this, as fixed also by the Prosecutor Mitko Dimitrov in Sofia.

Two different signals (Signal 6345, 25.04.2013, at the attention of General Prosecutor Tzazarov and Signal 5066, 11.05.2013 at the attention of Appealative Prosecution Sofia Town), concerning the unconstitutionality of the Spatial Planning Act ONLY from his personal competence, where stopped with the written answer shown bellow.

Its crucial to the criteria fixed in the Spatial Planning Act, which determinate when exist the necessity of “new” building documentation: Even when you change the place of a sink in the building or change the latex color of your walls, lay a new tiles on the floor, or make an insolation inside or outside the walls ( like the “Sanitation-Action” of the current Government of Bulgaria) you have to go to an architect. Also, cases including “urgent buliding” , but without documentation are “illegal”.

Cases of use of one building or part of it for another purpose, different from the primarily fixed within the notary action, but without building documentation also classify the building as “illegal”.

According to the theories and methods of the law science at world level, and at the level of the all legal regulations of the European Union, and the European Community, the Spatial Planing Act for Bulgaria, in its criteria for classification of buildings as illegal and the regulation fiction to tear down buildings without building documentation is against the the common principle of rule of the law, fixing special prerequisities for all legal regulations and the measurements, which they provide.

The measurement “tearing down” of buildings becouse of the lapse of building documentation is unique in the worlds history.

The Spatial Planning Act conflicts not only with common principles of the law science, but also with common human rights and freedoms, which have to be ensured by the Bulgarian State for all Bulgarian inhabitants, according to the Bulgarian Constitution and all international treaties concerning human rights and freedoms, signed by R Bulgaria.

The question WHO is paying the architectural costs for the huge sanitation action reported by the Minister Pavlova in more than 2500 sanitation contracts, and for how much sanitation contracts are made architectural projects, rises immediately !??

It seems to be unbelievable the easy hand of the current Bulgarian Government of running actions at governmental and European level, concerning concrete-still buildings with still not very long term of use, rising huge cost, related to the income of the ordinary Bulgarian inhabitants.

In this existential point of view, Bulgaria is the only land in Europe maintaning a law “unregulating” the territory of the land, tearing down of “illegal buildings”, without to give an appropriate, adequate, and sure possibility to the owner of the buildings to prepare the building documentation.

This is a huge social problem for the civil people, their economical existence and development of every one physical and juridical person in Bulgaria, specially, reviewed from the point of view of the law security and the trust in the governmental institutions, and the “cost- side” of one architectural project, which is usually unachieveble for people with average income in Bulgaria.

In the neighbour land Greece, for instance, if the building has not the building documentation, the owner pays a penalty, the missing documentation is issued, and the people live happy; it happens within some days.

After coming back to the new “old” working place, Ing. Milka Gecheva, the Director of the Office for Building Control in Sofia, (under the previous and current Borisov’s government, and previous and current Minister for Territorial Deelopment Liliana Pavlova), started a huge campaign for tearing down of “illegal buildings”, especially rising court cases between her Institution (presented in each administrative unit of the country), the Prosecution Sofia State, the local prosecutions, and the owner (and user) of the buildings,

SIGNALISING personally the General Prosecutor Tzatsarov that all buildings, for which the proceedings for tearing down is “stopped” with the establishment of a legal ordinance by the Architect Nikolai Hristov, the Director of the Office for building control under the Government of the Prime Minister Plamen Oresharski have to be clamed as invalid.

In the case of Dolna Verenitza, the signal from Ing. Gecheva to the General Prosecution went after the legal death line for appeal by the prosecutor was passed.

It shows the incompetence of the prosecution and the demonstrated will of governmental institution under the Ministry of the Territorial Development to tear down buildings at each price.

In administartive unit Montana there two homes, on a front of the Administrative Court in MOntana, sides are the prosecution Montana, which have recieved the case from prosecution Sofia town, the owner and user of the building and the Local office for building control in the town in Vratza, which involves administrative unit Montana. The case in Dolna Verenitza is 69/2015 in Administrative court Montana. The Second home is in Koscharnik, the roma part of the town of Montana, the both homes are laying in very short distance to the E 79 and the new parts of E 79 highways, which now are in building.

Other case with number 232 in a front of the Administrative court in Montana have to declare a legal Act of the Mayor of Montana Zlatko Jivkov, stopping to a proceeding for formal change the use of a building into “home with rooms for guests”, which is a formal reason to classify the building as “illegal”, just becouse of living in there.

In 2011 the Mayor Jivkov approved and allowed the use change with Act for Allowance, and this happened after the building was classified as a”illegal”. After the start of the last Government Borisov, the Mayor Jivkov requested in written form the tearing down of the buildng, as a prerequisity to change its use into “home with rooms for guests”.

Thus, for a good example how existence related cases, which concern homes, human lives, companies, financial institutions and governmental institutions are NOT adequate regulated, and in opposite – destructed by the the official Bulgarian State politics under the Mr. Borisov as Prime Minister within long term rulleship.

We have tried to contact Architect Hristov, but unfortunately, all his coordinates are hidden by the Office for Buildng Control. One appointment with him was declared as impossible.

To the current date, only Architect Nikolai Hristov, and the parliament member in the former legislation period Dimcho Mihailevski have done real steps to stop the ruining the buildings in Bulgaria. Unfortunately, Dimcho Mihailevski died in hospital after flu.

Another parliament member, Hristo Biserov in the former legislation period, was investigated by the prosecution, and after some months and lapse of evidences, set free. In the investigation procedure he lost his immunity of parliament member.

Margarita Simeonova