What shall be amended in the Spatial Development Act?

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In May, a draft for the amendment to the Spatial Development Act (SDA) was presented for public discussion. The new changes envisage the creation of a unified electronic public register for spatial development which shall be maintained on the website of the Ministry of Regional Development and Public Works. The register shall contain at least the following information and documents:

  • placement permits of movable objects, advertising, information, and monumental-decorative elements;
  • Orders for the removal of movable objects, advertising, information, and monumental-decorative elements;
  • Permits for starting of a new development plan and its amendments adoption;
  • Orders for approval of development plans and their amendments;
  • Certificates of the consultants who assess the investment projects and/ or exercising construction supervision;
  • Technical passports of the buildings;
  • Use permits of new buildings;
  • Orders for removal of illegal constructions.

The creation of this register shall make public the information, which to date is either not subject to publication or is scattered in many local registers that are not adequately maintained. It is noteworthy that the content of the register does not include the acts of municipal and state property, which is claimed to be created by each state administration in the last 15 years.

Another significant and long-awaited amendment is a proposal for the introduction a legal definition of the term Building, which will be supplemented in the Cadastre and Property Register Act. This would be essential not only for the application of the laws governing spatial planning, but also for tax laws, and in particular the VAT tax treatment.

The law also provides that the formal coordination of the projects for a new development plan with other administrative bodies by the mayor of the municipality in which the property is located.

The news above is for information purposes only. It is not a (binding) legal advice. For a thorough understanding of the subjects covered and prior acting on any issue discussed we kindly recommend Readers consult Ilieva, Voutcheva & Co. Law Firm attorneys at law.