{"id":2338,"date":"2025-10-15T11:10:40","date_gmt":"2025-10-15T08:10:40","guid":{"rendered":"https:\/\/tomovi.org\/?p=2338"},"modified":"2026-04-18T14:26:19","modified_gmt":"2026-04-18T11:26:19","slug":"%d0%bf%d1%80%d0%b0%d0%b2%d0%be%d1%82%d0%be-%d0%bd%d0%b0-%d0%b8%d0%b7%d0%ba%d1%83%d0%bf%d1%83%d0%b2%d0%b0%d0%bd%d0%b5-%d0%bf%d0%be-%d1%87%d0%bb-33-%d0%be%d1%82-%d0%b7%d0%b0%d0%ba%d0%be%d0%bd%d0%b0","status":"publish","type":"post","link":"https:\/\/tomovi.org\/en\/%d0%bf%d1%80%d0%b0%d0%b2%d0%be%d1%82%d0%be-%d0%bd%d0%b0-%d0%b8%d0%b7%d0%ba%d1%83%d0%bf%d1%83%d0%b2%d0%b0%d0%bd%d0%b5-%d0%bf%d0%be-%d1%87%d0%bb-33-%d0%be%d1%82-%d0%b7%d0%b0%d0%ba%d0%be%d0%bd%d0%b0\/","title":{"rendered":"Right of Pre-emption under Article 33 of the Bulgarian Property Act"},"content":{"rendered":"

<\/p>\n

1. Essence of the Right of Pre-emption<\/h3>\n

The right of pre-emption under Article 33 of the Bulgarian Property Act (PA)<\/strong> is a statutory right of co-owners<\/strong> 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<\/strong> and to prevent outsiders from entering into the co-ownership relationship<\/strong>.<\/p>\n

2. Legal Framework<\/h3>\n

According to Article 33 of the Property Act<\/strong>, 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<\/strong> 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.<\/p>\n

If the sale is completed without such prior offer<\/strong>, any of the remaining interested co-owners may redeem the buyer\u2019s share<\/strong> by filing a lawsuit within two months<\/strong> from the date of the sale.<\/p>\n

3. Prerequisites for Exercising the Right<\/h3>\n

For the right of pre-emption to arise and be exercised, the following conditions must be met:<\/p>\n

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  • \n

    The property must be co-owned<\/strong>;<\/p>\n<\/li>\n

  • \n

    There must be a valid contract of sale<\/strong> concerning an ideal (undivided) share;<\/p>\n<\/li>\n

  • \n

    The sale must have been made to a third party who is not a co-owner<\/strong>;<\/p>\n<\/li>\n

  • \n

    The selling co-owner must not have previously offered<\/strong> their share to the other co-owners;<\/p>\n<\/li>\n

  • \n

    The lawsuit for redemption must be filed within two months<\/strong>, pursuant to Article 33 of the Property Act.<\/p>\n<\/li>\n<\/ul>\n

    4. Consequences of Exercising the Right<\/h3>\n

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

    5. Purpose and Importance<\/h3>\n

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

    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<\/strong>, who can provide legal advice and represent you in court.
    This article does not constitute legal advice or opinion<\/strong> by attorney Mihail Tomov<\/strong>, 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<\/strong> is required.<\/p>\n