The difference between a “Plot” and a “Regulated landed property”

The difference between a plot and a regulated landed property is a matter of key importance for Bulgarian property and spatial planning law. This topic concerns not only the practical application of the Property Act and the Spatial Development Act (ZUT), but also the general principles of the constitutional protection of the right to property. The precise distinction has significant importance in the practice of notaries, municipal administrations, courts, and the overall civil turnover.

The concept of “plot” has been traditionally used in Bulgarian law and was regulated in the repealed Territorial and Settlement Planning Act (ZTSU). With the adoption of the Spatial Development Act in 2001, the legislator introduced more precise terminology by replacing the term “plot” with “regulated landed property” (UPI). According to Article 110, paragraph 1 of ZUT, the regulation of landed properties is carried out through detailed spatial development plans. The entry into force of the plan transforms the respective property into a UPI and defines its specific construction parameters, boundaries, and purpose. Therefore, while the concept of “plot” in the past was used as a result of regulation, the current applicable legal term is precisely the regulated landed property.

The distinction between a landed property and a regulated landed property is of fundamental importance. A landed property, within the meaning of § 5, item 2 of the Supplementary Provisions of ZUT, represents a part of the territory with defined boundaries and a separate identifier in the cadastral register. It may be agricultural land, a forest area, a yard, or even an area permanently covered with water, but without a designated purpose for construction. A regulated landed property is the result of regulation, whereby the territory is assigned a specific purpose for construction and the development of settlements. In this sense, every UPI is a landed property, but not every landed property is regulated.

Of particular importance are the legal consequences of regulation. With the entry into force of the detailed development plan, the owner of the UPI acquires the right to build, but under the conditions and parameters specified in the plan. This includes requirements such as building height, density, minimum setbacks from boundaries, and other rules. Regulation simultaneously expands the owner’s opportunities to use the property for construction and introduces restrictions stemming from the public interest and the urban development policy of the municipality.

Legal doctrine and case law emphasize that the difference between the “plot” and the “regulated landed property” is terminological rather than substantive. With the adoption of ZUT, the concept of “parceling” was removed from use, as the legislator established a unified term – “regulated landed property.” This represents an act of modernization and harmonization of legislation, in line with European standards in spatial planning.

The difference also affects civil turnover. In notarial practice, the term “plot” is no longer used, but always “regulated landed property,” which ensures legal certainty and clarity in real estate transactions. Likewise, in cadastral maps and property registers, the identifier of the UPI is used, not the terminology “plot,” which is mandatory for registrations and all notarial deeds.

From a practical perspective, it is important to note that partitions, inheritances, and expropriations are always carried out with respect to regulated landed properties, when it concerns construction sites. When the property is only a landed property, without being regulated, its construction is not permitted until the adoption of a detailed spatial plan and subsequent regulation.

In conclusion, it may be summarized that the concept of “plot” has historical significance in Bulgarian law, while the “regulated landed property” is the modern legal concept reflecting the status of land after regulation under ZUT. This change in terminology aims to ensure greater legal clarity and predictability in spatial planning and civil turnover. The distinction between a landed property and a regulated landed property is of fundamental significance for property law, as it defines the boundaries of property rights, the possibilities for construction, and the restrictions arising from the public interest.