Although the procedure for changing the purpose of agricultural land is quite slow and restrictive, the State still adopted in 2012 Ordinance 19 on construction in agricultural land without changing the purpose. It indicates the conditions and the order of construction of agricultural land for a certain type of buildings described in the annex to the ordinance:
Annex to Art. 2, para. 1, item 2
- Agricultural buildings for storage of plant and animal products.
- Agricultural buildings for animal husbandry.
- Buildings for agricultural machinery.
- Reservoirs and water cisterns.
- Silos, manure storages and treatment facilities.
- Water, sewerage and electricity supply facilities.
- Hydro Melioration facilities.
In practice, these buildings meet the needs of farmers and this procedure is increasingly used by many investors. Analyzing the above-mentioned buildings, they cover both storage of plant and animal products, as well as buildings for animal husbandry and facilities serving these buildings.
Conditions and parameters of construction
The investor needs to own agricultural land in one plot of land. He can own different types of agricultural land, fields, orchards, pastures. The investor determines a property or part of a property (in the same land) in which to build. The property or the part of the property set aside for construction may be a maximum of 10% of the total area of the lands owned by the assignor.
Example: With a total area of agricultural property of 25 decares in land X, it is allowed to separate a property with a maximum area of 2.5 decares in the same land X. Of course, it is also allowed to separate a smaller property for construction.
If the specified property for construction is larger than 10 decares. A Detailed Development Plan (DDP) needs to be prepared. This is not a detailed urban plan for changing the purpose, but a detailed urban plan which specifies the building parameters (density,intensity, height), the method of water supply, road access. After its entry into force, the chief architect of the municipality issues a sketch with a design visa.
In case the property designated for construction is less than 10 decares, documents are submitted directly for a sketch / design visa.
In both cases the following building codes are observed:
building density – up to 20%
building intensity – up to 0.4
The built-up area of the premises for living by the households of the landowners and / or the people producing agricultural products from the respective agricultural lands may not exceed 10% of the total built-up area of the farm buildings and structures, but not more than 200 m2.The buildings are designed with a height according to the functional-technological requirements and number of storeys not more than two floors. The distance of the buildings, structures and facilities from the borders between two neighboring properties in case of free construction cannot be less than 3 m. Buildings, structures and facilities may be connected on the border between two neighboring properties with the mutual consent of the owners, certified by a notarized declaration. However, it is not allowed to drain rainwater from the roofs of buildings into a neighbouring property. Agricultural land and designated areas for construction may be fenced with suitable fences. The type and the height of the fences shall be determined by the order of art. 48 of the Spatial Planning Act.
Documents to start the procedure
When a private or legal person, owner of agricultural land, wishes to carry out construction, a file shall be completed, which shall contain: notarial deeds and current sketches of all agricultural properties owned by the assignor in the same land.
- Application (download sample application) – in bulgarian
- Motivated request (download sample motivated request) – in bulgarian
- Sketch proposal for construction prepared by a qualified architect
These documents are submitted to the Regional Directorate of Agriculture with a request for a permission for the construction of agricultural land.
After receiving this document, the necessary documents are submitted to the Mayor of the municipality for issuing a sketch / design visa. Based on the request for the cases of Art. 2, para. 1, item 1 (if the property is less than 10 decares), the chief architect of the municipality shall issue a design visa, and in the cases of art. 2, para. 1, item 2 (if the property is larger than 10 decares), the mayor of the municipality shall allow the elaboration of a detailed development plan.
Building permit
A building permit is issued by the chief architect of the municipality on the basis of a written request from the owner, to which the following documents are attached: a document for ownership of the land property; a valid detailed development plan or design visa; investment project according to the provisions of art. 144, para. 1, item 3 of the Spatial Development Act; permits for the right to water use, electricity supply, inclusion of wastewater in the respective water intake, as well as the relevant conclusions and assessment by the environmental authorities, health control, sanitary control, fire protection, when required by applicable law by the current legislation depending on the purpose of the respective construction. The construction permit is issued for the agricultural buildings, structures, facilities and networks included in the detailed development plan, or only for those of them, which will be built as a first stage.For more questions, clarifications and offers contact us by e-mail or through our contact form.
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