Yard-Regulation Plans and Land Regulation

When examining the expropriating effect of yard-regulation plans adopted before the Bulgarian Spatial Development Act entered into force, the central issue is whether the regulation had been implemented. This must be assessed as at 31 March 2001. Under the transitional provisions of the Act, plans already implemented by that date retain their effect.

Under the former Territorial and Urban Planning Act, amendment of a plan could in certain situations restore the original property boundaries. An important question is whether more than ten years had passed since the added part of the neighbouring property was occupied. Where occupation had continued for more than ten years, the regulation could be treated as implemented, which may prevent amendment. Case law has applied this approach even where the monetary compensation had not been paid, provided that the transferred part had been occupied for the relevant period.

Where a party claims ownership by acquisitive prescription over an actual part of a neighbouring regulated property, the court must clarify the legal basis of possession. It must determine whether the factual control represents a right of retention over land assigned under an old yard-regulation plan and whether that plan was implemented under the former legislation or within the periods laid down in the transitional provisions of the current Act.

If the plan was not implemented and the assigned area remains occupied by an owner who did not receive compensation, the dispute may concern retention and the termination of the plan’s expropriating effect rather than acquisitive prescription. If the plan was implemented and compensation was paid, but the former owner continued to possess the area, the court must examine the statutory requirements governing acquisition of real parts of regulated properties.

The relevant interpretation is developed in binding interpretative decisions of the Bulgarian supreme courts and subsequent case law. Each case requires review of the plans, occupation, compensation, possession and changes to the property boundaries.

This article is for general information and is not legal advice. Similar disputes should be reviewed by a Bulgarian property lawyer.