Temporary Roads under the Bulgarian Spatial Development Act

Article 190(1) of the Bulgarian Spatial Development Act (SDA) provides that, where regulated landed properties have frontage only on newly planned streets which have not yet been constructed, the municipality may arrange temporary roads to provide access to those properties.

Under Article 190(3), temporary roads should, wherever possible, follow the routes of the new streets shown in the detailed development plan. They must be laid out without affecting existing buildings, structures or long-lived ornamental trees. The purpose is to provide an interim solution until the street regulation prescribed by the effective detailed development plan is implemented.

The wording “wherever possible” means that following the planned street route is a priority rather than an absolute requirement. The authorities must first examine the possibility of using that route and may approve a different alignment only where justified. The statutory restrictions concerning existing buildings, structures and protected vegetation must also be observed.

The principle of proportionality under Article 6 of the Administrative Procedure Code also applies. The chosen route should be technically and economically feasible, permit reasonable use of the affected regulated properties and interfere with rights and legitimate interests no more than is necessary to secure access.

Territorial planning must promote sustainable development and favourable conditions for living, work and recreation. Municipal councils and mayors are responsible for implementing planning policy within the municipality. A decision on a temporary road is therefore an administrative act whose legality may depend on the plan, the selected route, the affected rights and the reasons stated by the authority.

This article provides general information and is not legal advice. A specific case should be reviewed by a qualified Bulgarian lawyer.