Apartment by the sea in Bulgaria — what to check before you buy

Before buying an apartment by the sea in Bulgaria, check five things: who owns it and whether their title is registered, whether any encumbrances (mortgages, attachments) are recorded, whether there is a cadastral scheme for the unit, whether the building has been commissioned and how its common parts are managed. Much of this you can check yourself in public registers: anyone can search the Property Register (Imoten registar) (Art. 93 of the Cadastre and Property Register Act, ZKIR), and the seller shows you the property documents.

Who owns the apartment, and is their title registered?

Ownership passes by a notarial deed. Before issuing it, the notary checks that the seller owns the property and that any special requirements for the sale are met; if the seller's title document has not been registered, the deed will not be issued until it is (Art. 586 of the Civil Procedure Code). You can also check for yourself: anyone may obtain search results, a copy or a certificate of the entries in a specific property's register entry (partida) (Arts 92 and 93 ZKIR). The Registry Agency (Agentsia po vpisvaniyata) runs the register, and certificates are issued by the registry office at the district court (Art. 58b ZKIR).

How do you check for encumbrances on the property?

Ask for an encumbrance certificate (udostoverenie za tezhesti). According to the Registry Agency, a property certificate reflects "all entries, notes and deletions of encumbrances and rights" as at the date it is drawn up — or confirms there are none; the applicant chooses the period. You apply in writing at the registry office with a copy of the title deed, an up-to-date scheme or sketch and proof of payment of the state fee. A preliminary search can also be done online through the agency's e-services portal (EPZEU), with registration and electronic payment. Certificates issued since 19 March 2018 carry a 12-character code that lets you verify them at uwt.registryagency.bg.

Why do you need a cadastral scheme?

Where an approved cadastral map exists, a notarial deed transferring ownership or creating a mortgage requires a scheme of the unit within the building issued by the Geodesy, Cartography and Cadastre Agency (AGKK) (Art. 49b ZKIR). The scheme is also attached to the application to register the deed (Art. 77(2) ZKIR). It is issued as an electronic document with an access code and number, so its validity can be checked in the cadastre information system (Art. 55 ZKIR). Applications can also go through municipal agriculture offices, the municipality (under an agreement with AGKK) or a licensed cadastral surveyor (Art. 55b ZKIR).

Has the building been commissioned?

A building or any part of it may not be used before it has been commissioned (Art. 178(1) of the Spatial Development Act, ZUT). Which document to look for depends on the building's category, which in turn depends on its height (Arts 23 and 137 ZUT). As a rule, a residential building over 15 m is category III and receives a use permit (razreshenie za polzvane) from the National Construction Control Directorate (DNSK), published in the Unified Public Register of Spatial Development. As a rule, a building up to 15 m is category IV or V and receives a certificate of commissioning from the authority that issued the building permit (Art. 177 ZUT). More: occupancy documents and Act 16.

Who manages the building, and does the seller owe the condominium anything?

In an ordinary condominium (etazhna sobstvenost), decisions are taken by the owners' general meeting, and the manager (upravitel) issues to an owner, on request, a standard document showing whether there are any debts to the condominium (Art. 23(1)(12) of the Condominium Management Act, ZUES) — ask the seller to obtain it before signing. In a gated complex (zatvoren kompleks), management is governed by a contract between the developer and the owners, registered against each unit and binding on later buyers (Art. 2 ZUES). What sits behind "no maintenance fee" listings is explained in apartments with no maintenance fee.

Studio apartment by the sea — what are you actually buying?

"Studio" is a market label: neither ZUT nor ZUES uses the term, and the Tourism Act mentions studios only in its definition of an apartment tourist complex. The law recognises a "dwelling" (zhilishte) — a set of rooms and covered and/or open spaces, joined functionally and spatially into one whole to meet housing needs (§ 5(30) of the Supplementary Provisions, ZUT). Tourist status is not a separate form of ownership either, but a way the property is used: guest apartments let to tourists for overnight stays, for example, are declared to the mayor of the municipality (Art. 129a of the Tourism Act). So with a studio, go by the property documents, not the name in the listing.

Cheap apartment by the sea or an "urgent sale" — what to watch for?

Acquisition tax is charged on the agreed price or, if that is lower, on the tax valuation (danachna otsenka) — that is, on the higher of the two (Art. 46(2)(1) of the Local Taxes and Fees Act, ZMDT); the tax valuation is also used to set state and notary fees (Annex 2, Art. 3 ZMDT). The municipality where the property is located sets the valuation within 5 days of a request, and the notary completes the sale only once the tax has been paid (Art. 50 ZMDT). A good price is welcome news — and a reason to check the documents all the more carefully: the same checks, just without the rush. If you are considering an apartment at Solna 59, ask us about the documents on these points.

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