---
title: "How Agricultural Land Becomes a Regulated Development Plot"
description: "How to change the designated use of agricultural land for construction lawfully in Bulgaria – procedure, time limits, fees and the main requirements of the Agricultural Land Protection Act."
url: "https://www.da-law.eu/en/insights/changing-the-designated-use-of-agricultural-land"
lang: en
author: "Pavlina Shishova"
published: 2025-10-06
updated: 2026-10-20
category: "Real Estate"
---

# How Agricultural Land Becomes a Regulated Development Plot

Author: Pavlina Shishova · Published: 6 October 2025 · Updated: 20 October 2026

*How to change the designated use of agricultural land for construction lawfully – procedure, time limits, fees and the main requirements.*

## Key points

- A change of designated use passes through three regimes, under the Agricultural Land Protection Act, under the Spatial Development Act and the environmental regime.
- For plots over 50 decares, land of categories I–IV, irrigated land or where construction has already begun, the Commission at the Ministry of Agriculture and Food decides. In all other cases, the Regional Commission decides.
- The decision ceases to have effect if the fee is not paid within three months, if no building permit is applied for within three years or if construction has not begun within six years.
- Using agricultural land for construction without permission leads to administrative penalties and the suspension of works.

> **Update (October 2026)**
>
> Since 1 January 2026 the official currency of Bulgaria is the euro. Amounts in leva are converted at the fixed rate of EUR 1 = BGN 1.95583. The administrative fees of BGN 199.50 and BGN 508.52 given below are EUR 102.00 (sites of up to 50 decares) and EUR 260.00 (sites over 50 decares) respectively.

As a rule, agricultural land may be used only for agricultural purposes. Changing its designated use for construction, whether residential, warehousing, industrial, services or other, is an exception permitted only where the need is proven and the procedure strictly laid down in the Agricultural Land Protection Act is followed.

## Legal Regimes and Applicable Legislation

The procedure for changing the designated use of agricultural land for non-agricultural purposes is subject to three legal regimes.

- **The substantive regime** – under the Agricultural Land Protection Act and its implementing regulations
- **The spatial planning and construction regime** – under the Spatial Development Act
- **The environmental regime** – under the Environmental Protection Act and the Biological Diversity Act

## The Substantive Regime (Agricultural Land Protection Act)

The Agricultural Land Protection Act and its implementing regulations govern the entire procedure for determining whether land may pass from agricultural use to a specific non-agricultural purpose, such as residential, industrial, warehousing, services, infrastructure and others.

The authority competent for the procedure is

- **the Regional Commission at the Regional Directorate of Agriculture**, or
- **the Agricultural Land Commission at the Ministry of Agriculture and Food**.

## The Spatial Planning and Construction Regime (Spatial Development Act)

The Spatial Development Act governs the spatial planning and construction regime, namely whether the investment proposal for the planned development of the plot complies with the General Development Plan and whether urban planning parameters such as density and intensity, setbacks, heights, access and parking are observed, together with approvals from utility companies and the relevant state institutions.

The competent authority at this stage is **the municipal council or the mayor of the municipality or district**, which has the power to authorise the preparation of a detailed development plan and to approve it.

## The Environmental Regime (Environmental Protection Act and Biological Diversity Act)

Compliance with environmental requirements is governed by the Environmental Protection Act and the Biological Diversity Act.

The Environmental Protection Act applies to **environmental impact assessment** or **screening for the need for an environmental impact assessment**, depending on the type, size and location of the investment proposal.

Under the Biological Diversity Act, an **appropriate assessment of compatibility with the objectives of Natura 2000** is carried out where there is a likelihood of significant effects on protected areas, species or habitats.

The competent authorities at this stage are **the Regional Inspectorates of Environment and Water and the Ministry of Environment and Water**, which issue screening and impact assessment decisions and appropriate assessment acts.

## Authorities Competent to Examine Applications

The authorities competent to examine and decide on applications to change designated use are

- **the Agricultural Land Commission** at the Ministry of Agriculture and Food;
- **the Regional Commission** at the Regional Directorate of Agriculture.

**The Ministry Commission** examines cases where

- the plot exceeds 50 decares (5 hectares); or
- the agricultural land is of categories I–IV; or
- the plot is irrigated; or
- construction has taken place on the agricultural land before the procedure was completed.

**The Regional Commission** examines applications where

- the agricultural land has an area of up to 50 decares and is of categories V–X; or
- the land is not irrigated.

## Time Limits and Effect of the Decision

Before starting the procedure, you need to be aware of the following time limits. Failure to observe them will result in the land reverting to agricultural status.

- **Payment of the fee under Art. 30 of the Agricultural Land Protection Act** – the decision takes effect only after the fee it sets has been paid. If the fee is not paid within three months of notification, the decision ceases to have legal effect and the land becomes agricultural again.
- **Application for a building permit** – a building permit must be applied for within three years of the decision taking effect. If it is not applied for within that period, the decision lapses automatically.
- **Commencement of construction** – construction must have begun within six years of the decision taking effect. Commencement is certified by a protocol in Form No. 2/2a for opening the construction site and setting out the building line and level under Ordinance No. 3/2003.

If the time limits are not met, the decision changing the designated use automatically ceases to have effect and, should you later decide to build, the procedure under the Agricultural Land Protection Act and its implementing regulations must be repeated.

## Fees and Costs

When an application to change the designated use is filed, a one-off administrative fee is payable of

- **BGN 199.50** for sites of up to 50 decares;
- **BGN 508.52** for sites of more than 50 decares.

The fee is paid by the landowner or the investor and covers

- the issue of a certified extract of the commissions' decision;
- certification of the sketch and the detailed development plan of the site;
- the issue of certificates under Art. 24(7)–(9) of the Agricultural Land Protection Act.

A **separate state fee** is payable for the change of designated use, determined by

- the category of the agricultural land;
- the size of the land included in the site or route;
- the location of the land;
- the category of the settlement;
- the type of site and the possibility of irrigation.

## Penalties and Prohibitions

Using agricultural land for non-agricultural purposes without permission to change its designated use, destroying the topsoil, building on a larger area than permitted or moving the site onto land of a higher category, as well as any activity that damages, pollutes or destroys agricultural land, gives rise to the administrative penalties of the Agricultural Land Protection Act and to the suspension of construction by order of the Minister of Agriculture and Food.

Coordinating the agricultural, environmental and planning requirements and observing the prescribed time limits is the only sustainable way to turn a field into a lawful building plot without legal or financial surprises.

If you are planning to change the designated use of agricultural land, our team combines expertise in [real estate](https://www.da-law.eu/en/services/real-estate) and [administrative law](https://www.da-law.eu/en/services/administrative-law) to guide you through the entire procedure.

## Legal basis

- Agricultural Land Protection Act (Закон за опазване на земеделските земи): Art. 24 and 30, and its implementing regulations
- [Spatial Development Act (Закон за устройство на територията)](https://lex.bg/laws/ldoc/2135163904)
- Environmental Protection Act (Закон за опазване на околната среда): environmental impact assessment
- Biological Diversity Act (Закон за биологичното разнообразие): Natura 2000 appropriate assessment
- Ordinance No. 3/2003 (Наредба № 3/2003 г.): protocol in Form No. 2/2a for opening a construction site

## Frequently asked questions

### Who decides on a change of designated use of agricultural land?

The Agricultural Land Commission at the Ministry of Agriculture and Food, where the plot exceeds 50 decares, the land is of categories I–IV or irrigated, or construction has already begun. In all other cases (up to 50 decares, categories V–X, non-irrigated land), the Regional Commission at the Regional Directorate of Agriculture decides.

### How much does the procedure cost?

When the application is filed, a one-off administrative fee of BGN 199.50 is payable for sites of up to 50 decares, or BGN 508.52 for larger sites. A separate state fee is payable for the change itself, which depends on the category and area of the land, its location, the type of site and the possibility of irrigation.

### Can the decision changing the designated use lapse?

Yes. It ceases to have effect if the fee is not paid within three months of notification, if no building permit is applied for within three years or if construction has not begun within six years. The procedure must then be repeated.

### Is an environmental assessment required?

Depending on the type, size and location of the investment proposal, an environmental impact assessment or screening may be required and, where there is a likely effect on protected areas, a Natura 2000 appropriate assessment. Decisions are issued by the Regional Inspectorate of Environment and Water or the Ministry of Environment and Water.

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*The information on this website is not legal advice and does not create an attorney–client relationship. Every case has its specifics and requires an individual approach. For a professional opinion and a tailored strategy, please contact us.*

Source: https://www.da-law.eu/en/insights/changing-the-designated-use-of-agricultural-land