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Construction in Agricultural Land

The issuance of a building permit is a type of administrative procedure, whose outcome is necessary implementation of complex factual staff – actions of administrative bodies, the applicant and other persons and entities.  It aims to enable the entity to implement construction in land falling within the agricultural area to be consistent with the purpose of her.

Agricultural area under Art. 8, item 2 LSP is a territory which is intended for arable land (fields,  orchards and vegetable gardens,  vineyards,  meadows,  etc.) and non-arable lands (pastures,  slopes,  gullies,  ravines,  etc.).

Use of agricultural land for production of crop production and cattle grazing in a way that damage the sol fertility and health.  Law on ownership and use of agricultural land, and regulations for its implementation significantly narrowed the concept of land, having determined that this is land intended for agricultural production and:

– not located within the urban areas (settlements and settlement formations) determined by a detailed development plan or with surrounding polygon;
– not included in the forest (within the meaning of Art. 2, para. 2 of the Forest Act).

– are not built with buildings: industrial or other business enterprises, recreational or health facilities, religious communities or other public or represent yards or warehouses for such buildings;
– not occupied by open mines and quarries, of energy, irrigation, transportation or other facilities for common use or are adjacent to parts such facilities.

The Law states that farmyards of labor co farms (farms) and state farms (state farms) or parts thereof, outside the construction boundaries of settlements are agricultural lands, unless they are built and are suitable for agricultural production. Agricultural lands are occupied by equipment or installations that are scrapped or built with inferior buildings, if they are suitable for agricultural production.

For development on agricultural land without requiring a change of use of agricultural lands therein shall be permitted building-related use, as follows:

– properties in an area of ??10 acres – one-of outbuildings with an area of 35 square meters for storage of agricultural products and equipment, including living room, with no permanent status;
– properties in an area over 10 acres;

There are no construction movable objects for commercial and other service activities,  such as kiosks,  booths,  tables. Among the works do not fall advertising, information and monumental decorative elements.  For these objects is granted permission to put in an order established by ordinance of the municipal council.

Not subject to administrative regulation such construction work as:  interior and exterior painting of buildings and structures, replacement of roofing materials, interior renovations, which do not affect the construction of the building will not be made activities such as removal, removal of existing walls and create holes in them when they affect the building structure does not change use of premises and loads them, and other repairs of buildings, equipment and parts thereof.

Application for approval of investment projects and the issuance of construction permit may submit the construction contracting. This is the property owner, the person that has been given the right to build on another’s property, and the person has the right to build in another person’s property under a special law. The sponsor may authorize another person to submit an application.

Application for authorization of construction on agricultural land shall be submitted to the chief architect of the municipality on the territory of which the landed property.
The building permit is issued within 7 days of receipt of the application when there is an approved project. Where the contracting authority has expressly requested, the building permit is issued simultaneously with the approval of the investment project.

The refusal of approval of investment projects and the denial of a building permit shall be rendered within the time limits within which it is issued and the construction permit.

The approved investment project is not subject to independent scrutiny.
Its legality is judged in exercising administrative control over the issued building permit. It, and refusals to approve the investment project or to grant planning permission, subject to administrative appeal within 14 days of notification to the Head of the Regional Directorate for National Construction Supervision (RDNCS), the territory of which the property (Art. 149 para. 3 Territory Structure Act).
Head of RDNCS rule within 15 days of filing the complaint.

Permitted construction allows for a contract for construction supervision, a protocol for determining the construction line and level and opening the construction site, and for site clearing required for construction.

After issuing a building permit to allow minor deviations from the approved investment project for construction execution.
Eligible are some significant deviations from the approved investment project explicitly referred to in Art.154 of Bulgarian Territory Structure Act  and under strict conditions.

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