Please note: This page is an English translation of information originally written for clients in Bulgaria. If you are a foreign citizen or live abroad, additional considerations may apply to your case, such as signing documents from abroad, granting a power of attorney, travelling to Bulgaria or complying with specific legal requirements and deadlines. Feel free to contact me to discuss your situation and find out what applies to you.

Do you want to buy a property? What do you need to know?

On this topic I always start with the same sentence: “Do not rely on real estate agencies when you buy!” Of course, this does not apply to all agencies, but it is the general rule. My experience as a property lawyer in Plovdiv shows that agencies offer agreements and contracts downloaded from the internet, which very often cause serious trouble.

Even before you start negotiating and pay a deposit, you need to make sure that the seller is the true owner of the property. This is done by examining the documents that prove their ownership. It is just as important to check whether the property has any encumbrances – mortgages, attachments imposed by bailiffs or pending court cases concerning the property. Searches are made in the Property Register of the Registry Agency, and you do not need a lawyer for that. Property fraud is not rare – see A lawyer, a bailiff and police officers arrested for property fraud (in Bulgarian).

How to recognise property fraud?

Check in the Property Register who the owner is and whether the property has encumbrances. Do not pay a deposit before you have seen the documents. Be especially careful when the seller acts through a power of attorney or the price is suspiciously low.

Preliminary sale contract

Very often, real estate sales are preceded by a preliminary contract. With it, the parties undertake to conclude the final contract in the future. In the preliminary contract they agree on the main terms of the final one.

Why is a preliminary contract needed?

A preliminary contract is not mandatory. The parties may conclude a final contract without one. Often, however, circumstances require a preliminary contract to be signed before the final one. It guarantees that neither party will refuse to conclude the final contract.

Property lawyer in Plovdiv – acquiring property by prescription

To acquire a property by prescription, a person must possess it, the possession must continue for a certain period, and then the possessor must invoke the expired prescription, that is, declare that they have become the owner. In other words, acquisitive prescription requires someone else’s property and three elements: possession, time and invoking the prescription.

The period for acquisition by prescription is different for immovable and movable property. For real estate it is 10 years for a possessor in bad faith and 5 years for a possessor in good faith. For a property acquired by prescription, a notary issues a notarial deed of ownership by prescription, called a declaratory notarial deed. More on the topic in Acquisitive prescription and how it differs from extinctive prescription (in Bulgarian).

Declaratory notarial deed

A declaratory notarial deed based on a review of the circumstances is issued by a notary and recognises the right of ownership over the property. In this procedure, evidence of possession of the property is collected, most often witness statements.

Frequently asked questions

I have possessed an apartment for 11 years. Can I acquire it by prescription?

You can, if you have possessed it as your own – peacefully, openly and without interruption for ten years. The period is five years if you are in good faith and have a document that by law is capable of making you the owner.

Can the declaratory notarial deed be challenged?

Yes. The declaratory notarial deed only establishes the possessor as the owner. Anyone who claims to be the owner can challenge it in court, and there is no time limit for this. If, however, the prescription period has expired, the property remains with the possessor.

We inherited a property and cannot agree. What should we do?

Inheritance very often creates co-ownership between the heirs. In such a case, one of the co-owners may buy out the shares of the others and become the sole owner. They can also sell the property together to a third party. If they cannot agree, each heir may file a case for judicial partition. If the property cannot be divided, the court may allocate it to one of the heirs in exchange for money for the others, or put it up for public auction.

My co-owner wants to sell his share. Can he?

Yes. Every co-owner can sell their share without the consent of the others, but must first offer it to the other co-owners on the same terms.

How long does judicial partition take and how much does it cost?

Partition goes through two phases: first the court decides who the co-owners are and what their shares are, then how the property will be divided. It usually takes more than a year. In addition to the lawyer’s fee, a state fee is paid, which depends on the value of your share.

What happens if a party to a preliminary contract refuses to conclude the final contract?

The other party can file a case and ask the court to declare the preliminary contract final. The court decision replaces the notarial deed. Alternatively, it can terminate the contract and keep the deposit it received or, if it paid the deposit, claim double the amount.

If you are facing a property transaction or already have an ownership dispute, come with the documents before you sign anything. As a property lawyer in Plovdiv, I will help you!

For clients abroad

Do I need to come to Bulgaria to buy or sell a property?

Not necessarily. The transaction can be signed on your behalf by a representative with a power of attorney. For real estate, the power of attorney must be notarised, with certification of both the signature and the content.

How do I sign a power of attorney from abroad?

You can sign it before a Bulgarian consul, or before a local notary with an apostille, and then have it translated into Bulgarian. I will send you the text and explain exactly what is needed.

Can foreigners buy property in Bulgaria?

Citizens of EU and EEA countries can acquire both buildings and land. Citizens of other countries can own apartments and buildings, but as a rule cannot acquire the land itself, except by inheritance by law. Agricultural and forest land is subject to additional restrictions. I will tell you what applies in your case.

Can we work entirely online?

Yes. Consultations can take place by video call and documents can be sent by email. If you prefer to meet in person, you are welcome at our offices in Plovdiv or Sofia by appointment.