In short
Until 19 October 2026 Bulgaria's Ministry of Regional Development and Public Works (MRRB) is collecting opinions on draft amendments to the Spatial Planning Act (ZUT). The draft would grant "tolerance" status to illegally built technical infrastructure – roads, bridges, water, sewage and power lines, substations, dams and coastal protection structures.
This is a draft, not a law in force. It does not legalise residential buildings, apartments or houses. For buyers, another part matters more: the Ministry admits that tolerance certificates have been abused and proposes stricter checks. A tolerance certificate is therefore not a guarantee – the documents must be checked before you pay a deposit.
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Message us on WhatsAppWhat exactly the Ministry proposes
The draft was published on the government's Public Consultation Portal on 18 September 2026 and has three main parts:
| Part | What changes |
|---|---|
| 1. New types of technical infrastructure | Hydraulic structures (including dams) and air navigation facilities are added to the list in Art. 64 of the Act. |
| 2. Fast permits for reinforcement works | Reinforcement structures along national roads and railway lines outside settlements could be permitted before the detailed development plan is amended, with the consent of affected owners. Compensation for expropriation would also cover lost profits. |
| 3. "Tolerance" status | Infrastructure built without permits would not be demolished if it was admissible under the rules at the time of construction or under the current Act. At the same time, checks under the existing tolerance regimes become stricter. |
Which structures could become "tolerated"
According to the draft, the new regime covers transport infrastructure (roads, bridges, tunnels, overpasses, underpasses), transmission and distribution networks for water, sewage, electricity and gas, transformer stations, substations, treatment plants, irrigation and coastal protection structures, waste facilities, dams and air navigation facilities.
Residential buildings, holiday complexes, houses and apartments are not on this list. Headlines such as "illegal buildings to be legalised" suggest that every illegal property will be saved – that is not true.
How the procedure would work
| Type of structure | What it gets |
|---|---|
| Completed | A tolerance certificate on application by the developer, after inspection, a structural survey and a technical passport. |
| Unfinished | Completion under the general procedure – with an approved design and a building permit. |
| With a pending demolition procedure | The procedure is suspended once an application is filed and terminated if a certificate is issued. |
The key difference from the existing regimes is the cut-off date. Current tolerance rules cover structures built before 7 April 1987 (§ 16 of the Act) and before 31 March 2001 (§ 127 of the 2012 amendments). The new text sets no such limit – it applies to structures started or completed before the law enters into force.
Why the draft has drawn criticism
The Ministry justifies the changes with illegally built sections of the Hemus motorway and with facilities of public importance whose demolition would be economically unjustified. The Chamber of Architects in Bulgaria, however, in an opinion dated 12 October, described the proposal as a broad amnesty: the regime has no end date and could also cover private infrastructure.
Environmental groups and citizens taking part in the consultation point to specific sites they believe could benefit – among them the illegal water and power network in the Baba Alino area near Varna, the "retaining wall" at Alepu and the river correction at Elenite. They also criticise the fact that pending procedures are suspended as soon as an application is filed, before any check.
In its own explanatory notes, the Ministry admits a problem that matters to every buyer: the number of tolerance certificates is not falling but rising, with blatant cases of misuse to "legalise" new buildings. The draft therefore introduces an official check of planning admissibility under the old regimes as well.
What this means for buyers in Varna and on the coast
First: if a building is illegal, this draft does not legalise it. Even if the water pipe or power cable leading to it receives "tolerance" status, the building itself keeps its own status.
Second: a tolerance certificate is not the same as an occupancy permit (the so-called Act 16). If the draft is adopted, the authorities will check both new certificates and those issued under the old regimes more strictly.
Third: a notary deed does not prove that a building is legal. It confirms ownership; the legality of construction is proven by separate documents.
Quick reference: what each document proves
Notary deed
Proves ownership. Does not prove that the building was built legally.
Building permit and approved design
Prove that construction was permitted. Compare floors, areas and use with what you see on site.
Act 16 / occupancy permit
Proves that the building has been officially put into use. Without it, regular electricity and water contracts cannot be signed.
Tolerance certificate
Means the building will not be demolished, but does not make it fully legal. Check its date, who issued it and whether the construction matches the dates set by law.
Cadastral sketch
Shows whether the building and the unit are registered in the cadastre. Registration does not prove legality.
3 things that make a purchase more expensive
1. A property with only a tolerance certificate and no check. On re-examination the certificate may be challenged, and banks often refuse mortgages.
2. Temporary or "semi-legal" electricity and water. The connection may be cut off, and a regular contract may be impossible without Act 16.
3. The promise "it will be legalised". A draft is not a law, and this particular draft does not concern residential buildings at all.
Must read
Check in 1 minute
- Is there an Act 16 or an occupancy permit?
- Does what you see match the approved design?
- If there is a tolerance certificate – in which year was the building constructed?
- Are the electricity and water contracts regular and in the owner's name?
- Does the property or the area have public issues (demolition orders, reports to the National Construction Control Directorate)?
If the answer to any question is "I don't know" – do not pay a deposit until it is checked.
Request a property checkHow VOTCHINA protects you from risk
Before any deposit we check the property documents: ownership, building permits, Act 16, cadastre and encumbrances. If there is a tolerance certificate, we check on what grounds it was issued and what it means for your transaction. We speak plainly – if a property is risky, we will tell you, even if it means the deal does not happen. We describe the check step by step in our legal audit protocol.
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Message us on WhatsApp Call: +359 876 111 535Sources (in Bulgarian): Public Consultation Portal, No. 12710-K; Club Z; Trafficnews (Chamber of Architects' position); Actualno.
This article is for information only and reflects a draft law as of 15.10.2026. The text may change after the public consultation and in Parliament. It is not legal advice on a specific case.
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