Under Article 190(1) of the Bulgarian Spatial Development Act, where regulated plots front only onto proposed new streets under a detailed development plan, the municipality may lay temporary access roads before those streets are opened. Where necessary, temporary roads may also be laid in regulated parts of settlements and settlement formations for which new detailed plans are to be drawn up, and in unregulated areas covered by a general development plan (paragraph 2). As far as possible, temporary roads must follow the new streets shown in the detailed plan, or the alignments shown in the draft plan or surveys, without affecting existing buildings, structures or established ornamental trees (paragraph 3). A temporary road is established by written agreement between the landowners concerned, with notarised signatures, or, failing agreement, by order of the municipal mayor (Article 190(6)).<\/p>\n
A temporary road under Article 190 is broader in scope than a right of passage over another person\u2019s land under Article 192 and the following provisions. It provides vehicular access to the property it serves and may be used by an unlimited number of people. For a road under Article 190(1), the property served must therefore front onto streets that are planned under a detailed development plan in force but have not yet been opened.<\/p>\n
The legislature envisaged a temporary road as a preparatory step pending implementation of the street regulation plan. For that reason Article 190, throughout its paragraphs, gives priority to following the street alignments shown in plans in force, draft plans and surveys, rather than simply choosing the least expensive route.<\/p>\n
This article is not a legal opinion or advice on any particular situation or person. For assistance in a similar case, consult a property lawyer.<\/em>
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