Condominium issues concerning the letting of an individual unit

In response to questions frequently addressed to the firm concerning the short-term letting of individual units in condominium buildings, we provide the following brief overview:

The long-term letting of a dwelling, whether an apartment or a room, differs from making a unit (an apartment or guest room) available for “occupancy” for tourism purposes. Under the Tourism Act, this type of occupancy is linked to its purpose or, in general terms, to tourism, business travel, excursions and similar activities.

Under the Spatial Development Act, a change in the designated use of dwellings in residential buildings into units with a “different designated use” involving uncontrolled access by people may be permitted where the units are situated up to and including the first floor, with the consent of the immediate neighbours, and subject to other requirements, both general and specific to the particular case.

Where problems arise concerning the security and privacy of condominium owners, a peaceful residential environment, the maintenance of order, compliance with the condominium’s internal rules, observance of the laws of the Republic of Bulgaria, and moral, ethical and tolerant conduct, the condominium General Meeting is competent to take legal and practical measures. As a first step, it should prepare and adopt Internal Rules. A model approved by the Ministry of Regional Development and Public Works exists — the “Model Condominium Internal Rules” — but it is advisory rather than mandatory. To work precisely and comprehensively, the General Meeting should examine the facts and circumstances relating to the essential questions and form a position. It should establish whether the units being made available (apartments or guest rooms) have been declared as tourist accommodation under the Tourism Act; whether their owners are persons providing tourist services; whether the units have been categorised; whether the required signs describing the tourism activity, the conditions and the requirements for tourists have been displayed at the relevant premises; whether visitors are registered; and whether information about their occupancy is supplied to the authorities supervising tourism activity. It should be borne in mind that supervision of this activity, which constitutes tourism activity under the Tourism Act, is exercised in this case by the competent mayor or by an official designated by the municipality.