Legal Guide for Purchasing Off-Plan Properties
Buyers are strongly advised to use the services of an English-speaking Bulgarian- qualified solicitor practicing Bulgarian Law to do the following:
I. First steps required after reserving an off plan property
1. Obtain all necessary documents from the seller/seller’s lawyers (including
Preliminary Contract for Sale (and construction); any accompanying contracts, i.e. Management Contract, Contract for Maintenance, Rental Contract etc.; proof of ownership or, where appropriate, proof of seller’s ownership rights in relation to the land where the construction is to take place, i.e. Title deed/s, Notary Deed for Constitution of right to build etc.; building permit (Visa)/Construction Permit; details of the Developer’s company, in order for the relevant checks to be made etc.),
checking the preliminary contract and the related documentation; and preparing a full Legal Opinion, pointing out any provisions that we do not believe are agreeable from your prospective and need to be renegotiated with the seller and outlining the results of our enquiries and searches, stating our professional opinion on the content of the preliminary contract and, where appropriate, our recommendations in relation to necessary amendments which we believe need to take place before you sign the contract and other related to the contract documents - Management regulations, etc.
Expect a fee for this service of EUR 600. If there are no accompanying contracts, the fee is EUR 300.2. In addition to the above service, for any
renegotiating on the contracts with the seller and representation and liaisons with all parties involved – seller’s lawyers, seller, estate, agents, etc –
Expect a charge on time basis at the rate of EUR 100 per hour. Such negotiations take between one and two hours time.
3. Carrying out Land registry searches in order to establish the current ownership of the property/land and whether the property is free of mortgages, debts and other legal charges and obtaining a certificate for the trading activity of the developer’s company, Checking the Notary deed, Building permission, Visa, protocol for opening the building site, supervision contract, etc.– Expect a fee for this service is EUR 250
PACKAGE:
If you choose to benefit from all the services listed above you can get a package discount and the fee for the full package of the services listed above will be EUR 1,000 respectively EUR 700, if there are no contracts additional to the Preliminary Contract for Sale.
If you are buying more than one apartment in the same complex and the documents that need to be obtained from the developer (Notary deed, Building permission, Visa, protocol for opening the building site, supervision contract and other related to the Bulgarian Construction Law documents ) or need to be obtained by us (certificate for the trading activity of the developer’s company, certificate from the Land registry, etc.) are the same, expect a discount of EUR 500.
II. Representation at completion – signing of the Title Deed for your property, please see below a break down of services, legal fees and travel expenses:
1. Preparing of a Power of Attorney and representation before the Notary - EUR 150
2. In the case where it is necessary for your solicitor to prepare a notary deed there will be a fee for drawing the title deed - EUR 100
3. Obtaining all necessary for completion of the purchase documents from the seller/seller’s lawyers: certificate from the Land registry to confirm the current ownership of the property/land and, once again, checking that the property has not in the meantime been charged with mortgages, debts and other legal charges, proof of seller’s ownership rights in relation to the land where the construction is to take place, i.e. Title deed/s, Notary Deed for Constitution of right to build, Habitation Certificate. Expected fee for this service is EUR 150.
4. Registering your property in the Tax Office and in the Community, completing all necessary documents and obtaining the relevant certificates required by law - Expected fee for this service is EUR 500.
NOTE: IN THE EVENT WHERE THERE ARE TRAVEL TIME AND TRAVEL EXPENSES INVOLVED AND LONG WAITING ON QUES OR OTHER BUROECRATIC HURDLES, THIS FEE CAN GO UP.
Please be advised, that on some occasions, it is not possible for the Notary Deed to be signed and the purchase, along with all necessary registration, to be finalized in one day. In any event, you will need to cover the expenses incurred in relation to state fees, travel and, where applicable, accommodation. In a straight forward case, the state fees and travel costs amount to EUR 150.
PACKAGE:
The full package of the above listed services in relation to representation at completion of the purchase is EURO 900. In addition to that, you will need to pay for the state taxes and, where applicable, travel expenses normally of the amount of Euro 150.
Many solicitors have a company policy requiring that they will start work on your case immediately after receiving payment on account of cost of the requested service.