In this practice
We understand that real estate transactions involve significant financial interests and potential risks. Our main task is to minimise those risks and give our clients peace of mind and security at every stage, from the initial negotiations to the completion of the transaction and the subsequent management of the property.
Legal Due Diligence on Real Estate
We provide detailed and reliable legal assistance, including:
- Checks for encumbrances, mortgages and other entries in the Property Register;
- Comprehensive legal opinions on the ownership and status of properties;
- Identification of possible risks relating to a specific property and recommendations to minimise them.
Sale and Purchase Agreements
Our team prepares and reviews all types of real estate agreements, including:
- Preliminary contracts and agreements;
- Final sale and purchase agreements;
- Notarial deeds, including declaratory deeds and deeds issued following a circumstantial verification procedure.
Administrative Procedures and Permits
We provide assistance with:
- Advice on construction projects and urban planning procedures;
- Obtaining the necessary building permits, commissioning certificates and change-of-use approvals;
- Communication with and representation before municipal and state authorities in administrative matters relating to real estate.
Lease Agreements
We provide assistance with:
- Drafting lease agreements for residential, commercial and industrial properties;
- Amending existing leases and preparing addenda;
- Advice on termination, including the resolution of any disputes.
Real Estate Investment
Our team provides comprehensive support to investors, including:
- In-depth legal analysis and advice on investment projects;
- Assistance in negotiating financing from banks and other financial institutions;
- Legal support in the implementation of construction projects and investment plans.
Our aim is to provide you with full legal certainty, combining legal expertise with practical solutions for the successful completion of your real estate transactions.
Partition of Property
Where several persons (most often heirs) co-own a property, any co-owner may request partition at any time. This right is not subject to limitation (Art. 34 of the Property Act). We assist with:
- Voluntary partition. The co-owners conclude a written agreement in the form of a notarial deed, in which they decide themselves how to divide the property. This is the fastest and cheapest option, provided that everyone agrees;
- Judicial partition. This applies where no agreement can be reached and has two stages. In the first, the court determines each co-owner's share (the admission stage). In the second, the property is physically divided if possible, or sold at public auction with the proceeds distributed in proportion to the shares (Art. 341 et seq. of the Civil Procedure Code);
- We draft agreements and represent clients in court at every stage of partition proceedings.
Disputes between Co-owners
Apart from partition, co-ownership gives rise to other frequent conflicts, in which we can assist:
- Use and management of the common property. The manner of use is decided by a majority of the co-owners. Where no majority can be reached or the decision harms the property, the district court decides in their place and may appoint a manager (Art. 32 of the Property Act);
- Right of pre-emption on the sale of a share. A co-owner who wishes to sell his or her share must first offer it to the other co-owners on the same terms. If this is not done, the other co-owners may, within two months of the sale, bring a claim and buy the share on the terms actually agreed (Art. 33 of the Property Act).
Property Fraud: Recognition and Protection
Property fraud schemes are becoming more common, especially with vacant or inherited properties. The most common involve forged powers of attorney or notarial deeds, and so-called “double sales”, where the same property is sold to different buyers at the same time. How we protect you:
- We carry out a full check of ownership and the history of entries in the Property Register before any transaction, including verification of powers of attorney through the Unified Information System of the Notary Chamber;
- We advise you to choose the notary yourself. Your right to a free choice protects you against any prior arrangement between the seller and an intermediary;
- We make sure the notarial deed is registered immediately after the transaction, because in a dispute between buyers the owner is the one who registered first;
- We closely follow the forthcoming legislative changes introducing stricter control over the circumstantial verification procedure (acquisition by prescription). They provide for notification of the owner and enhanced checks where there are risk indicators, such as a deceased or absent owner or a transaction through an attorney-in-fact, so that we can protect you against emerging schemes as well as the familiar ones.
Frequently asked questions
What checks does a lawyer carry out before the purchase of a property?
The lawyer checks whether the property is free of encumbrances such as mortgages, attachments or pending litigation, analyses its legal status and makes sure that the preliminary contract protects the buyer's interests. The lawyer also attends the notarial transfer to ensure that the documents and the process are in order.
How can disputes between heirs be avoided when settling an inherited property?
The safest way is voluntary partition: a written agreement between the heirs setting out each heir's share. Making a will during one's lifetime and checking ownership and any encumbrances on the properties in advance also reduce the risk of future disputes.
What fees and taxes are payable when buying a property in Bulgaria?
The buyer usually bears three costs: local transfer tax (in Sofia, 3% of the higher of the sale price and the tax valuation), the notary fee (plus 20% VAT on the fee itself) and the Property Register entry fee (0.1%, minimum about EUR 5).
What is the difference between a preliminary contract and a notarial deed in a property transaction?
A preliminary contract is a written agreement to conclude a final transaction in the future, usually secured by a deposit. Ownership passes only with the notarial deed or with a court judgment declaring the contract final. If the buyer withdraws, the deposit is lost; if the seller withdraws, the seller must repay double the deposit.
Can foreign nationals buy agricultural land or property in Bulgaria?
EU and EEA nationals are treated in the same way as Bulgarian nationals and may freely buy both agricultural land (after registering as farmers) and any other property. For non-EU nationals, it depends on the type of property: they may buy apartments and buildings without land directly, on the same terms as Bulgarian nationals, without a permit. However, they may acquire ownership of land only under an international treaty ratified under Art. 22(2) of the Constitution or by inheritance, which is why they usually set up a Bulgarian company to buy a house with a garden.
How long does the whole property purchase take?
Preparing the documents takes the longest, especially if the seller is not available locally or the documentation is incomplete: usually around four working days, but often more in practice. A certificate of no encumbrances is issued in three to seven days. Signing the notarial deed itself takes one day, and registration with the Registry Agency takes up to three working days (one day with the express service). If the purchase is financed with a bank loan, registering the mortgage adds about seven to ten days. It is therefore wise to plan realistic timelines early rather than at the last minute.
Which documents are needed if the property is inherited?
The key document is an up-to-date certificate of heirs listing all persons entitled to ownership. All of them must either take part in the transaction in person or authorise another heir by a notarised power of attorney. You will also need the deceased's title deed, the tax valuation of the property and a certificate of no encumbrances. If the heirs have already carried out a voluntary partition, the notarial deed of partition must also be presented.
