Right of Pre-emption under Article 33 of the Bulgarian Property Act

1. Essence of the Right of Pre-emption

The right of pre-emption under Article 33 of the Bulgarian Property Act (PA) is a statutory right of co-owners to buy the ideal (undivided) share of a real estate property that another co-owner intends to sell to a third party.
This right aims to protect the interests of the co-owners and to prevent outsiders from entering into the co-ownership relationship.

2. Legal Framework

According to Article 33 of the Property Act, if a co-owner wishes to sell their share of the property to a third party, they are obliged first to offer it to the other co-owners under the same terms and conditions.
If the other co-owners do not accept the offer, the seller is free to sell the share to another person.

If the sale is completed without such prior offer, any of the remaining interested co-owners may redeem the buyer’s share by filing a lawsuit within two months from the date of the sale.

3. Prerequisites for Exercising the Right

For the right of pre-emption to arise and be exercised, the following conditions must be met:

• The property must be co-owned;

• There must be a valid contract of sale concerning an ideal (undivided) share;

• The sale must have been made to a third party who is not a co-owner;

• The selling co-owner must not have previously offered their share to the other co-owners;

• The lawsuit for redemption must be filed within two months, pursuant to Article 33 of the Property Act.

4. Consequences of Exercising the Right

When the court upholds the claim under Article 33 of the Property Act, the buyer is obliged to transfer the share of the property to the claimant under the same conditions under which it was acquired.
The claimant (the co-owner) must pay the same price agreed between the original parties to the transaction.

5. Purpose and Importance

The right of pre-emption constitutes a restriction on the freedom of disposal, designed to preserve the unity of ownership. It prevents complications in the relations between co-owners and serves as an important legal mechanism for protecting internal co-ownership interests.

In case you or someone close to you is involved in a similar situation, it is advisable to consult a lawyer specializing in property law, who can provide legal advice and represent you in court.
This article does not constitute legal advice or opinion by attorney Mihail Tomov, nor is it related to any specific case or individual.
For legal assistance in matters related to property law, a formal legal consultation with an attorney is required.