Real Estate Acquisition through Foreign Natural Persons and Legal Entities after 01.01.2007

CLIENT'S GUIDE

According to the Bulgarian commitments in the procedure of the European integration, in article 22 of the Constitution, changes are done aiming Bulgarian legislation to harmonize with the law of the European Union. According to these changes the foreigners and the foreign legal entities can earn right to possess a land after the following cases:

  • according to the conditions and the deadlines of the Contract for joining the Bulgarian Republic to the European Union
  • in the force of an international covenant, signed out promulgated as well, for the Bulgarian Republic
  • by succession of law

I. The law framework for gaining the ground is arranged in Application VI, part 3, section 1 "Free capitals movement". According to this application, the foreign countries citizen-members of EU or countries Members of the Agreement on European Economic Space /AEES/ and foreign legal entities, established in accord with the laws to other country-member or to country of AEES, sojourn legally in Bulgaria from 01.01.2007, can gain a possession on land for second housing in Bulgaria, at the rules for getting ground that refer to the bulgarian citizens.

Legal definition on what second home means is given in the Bill for change and a follow-up of Law for the possession: That is the home, the EU member differently posses from the underlying at some state.

According to the average, all limits are canceled for EU citizens as well AEES sojourn permanent in Bulgaria. The definition for the permanently resident foreigners on the other hand is given in the last accepted regulation for entering, the sojourn and the departure to Bulgaria of the EU citizens and the members of their families /Official gazette, No.80, 03.10.2006/.

For the same citizens or legal persons non-sojourn in Bulgaria, the limitations for getting a ground for second home are entered, and they are still restricted by that right. The deadline for this restraint though is in for 5 years, i.e. till 2012.

On getting agrarian land and forests, Application VI, part 3, section 2, enters 7 years-restrictive period in which the EU citizens and the legal entities, established in EU, can not aqcuire such property. That does not though refer to "single-handed busy agrarian makers that are citizens of another country-member that want to be showed as well legally sojourn in Bulgaria".

Bulgaria has right, to do broad look - over in the terms, mentioned hereinbefore, to those impermanent amounts in the third year from the date of affiliation, i.e. 2010. For this prey the commission envisages report before the Council. The Council can by as voting unanimously upon proposal of the Committee, to decide to hack or end the impermanent period, respectively from 5 and 7 years.

In relation to these changes, thereupon at the moment are prepared Changes in the law on the forests as well, The law for the secured territories, the Law for the possession and using the agricultural grounds and the Law for recovering the possession on the forests and the grounds from the forest fund.

II. The question for getting land from foreign citizens and foreign legal entities, established according to the averages, of country that is not an EU or AEES member, is involved in the second guess of Article 22 of the Constitution.

Such persons can earn a possession on ground of the force to international treaty, signed out promulgated, and with taken effect in Republic of Bulgaria. This regulation had taken effect from 01.01.2007 and there is not a guess for additional Change to some deadline.

III. In the old Article 22, a task was entered for the foreigners that gained grounds over a heirloom, to estrange them in 3-years limit for succession. This text is no longer available, but the regulation still existed in Article 29, paragraph 2, from Law for the possession.The restriction is envisioned in this case to be canceled with the new changes in Law for the possession and remain only for the getting upon inheritance on agrarian lands and forests.



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