The rights and procedures for acquiring and leasing real estate





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The rights and procedures for acquiring and leasing real estate

According to Bulgarian law, foreign individuals, including Russians, are likely to buy property in Bulgaria - both commercial and residential.

Land in Bulgaria can be purchased only at the entity. In general sale housing primary market, ie new construction. Also hinge on the choice of investment projects or already under construction. Therefore, first of all contracts entered into directly with developers. Following the decision on the acquisition of a potential buyer of the object associated with the developer or real estate agent, gets his consent and tells him the date of arrival for processing the transaction.

How to come to Bulgaria


Some real estate companies offer inspection trips to Bulgaria, so that clients can select an object on the ground. But do something to get to Bulgaria is not difficult. Between Russia and Bulgaria been established network of air travel. Planes from Russia fly to Sofia (if the property is located in the capital or in mountain resorts) Plovdiv (Bulgaria Center), Varna (north coast) and Burgas (south coast). Getting to the hotel in Bulgaria by train and bus is cheaper, but tiring.

In most Bulgarian transport - at a decent level, so the problems with the movement in the country should arise. Is preferable to use buses increased comfort, they are frequent and on schedule. At the same time, rail transport is poor.

But if the desire to go and understand all on the ground there, you can assign all cases to acquire property at real estate agencies, which the country is enough. These companies have a potential buyer will provide detailed information about the location of objects, photos, floor plans. If the agency respected, it ensures legal purity of the transaction, after checking the building and permitting the developer documentation for compliance with Bulgarian standards. Reservation of the apartment and signing a preliminary contract is the location of the client. "From home" can also draw a legal person and the purchase of land.

Preliminary contract with the developer


When an object is selected, the customer leaves the developer the reservation deposit, that is, pre-payment - in an amount not to exceed 10% of the value of real estate. Typically, the deposit amount is ? 1000. Then signed a preliminary agreement, which describes the type of property, its price, payment terms, deadlines set, the responsibility of the parties. The main responsibility of the buyer is the timeliness of payment. The main responsibility of the builder is timely commissioning and quality construction.

What should be in the preliminary contract
- The announcement of the parties, their contacts;
- A detailed description of the property purchase;
- Purchase price, the amount of intermediate boards and the moments of their payment;
- Date of receipt of Act 16 (permission to use the object) and sanctions against the builder for the delay in completion of construction;
- A detailed description of the object at the time of transfer to the owner;
- Sanctions in case of delay in the transfer operation;
- Sanctions, if one party changes his mind to buy or sell the object, and the period for which the money should be returned.
It is desirable that the treaty was drawn up in two languages - Bulgarian and Russian or Bulgarian and English.

In Bulgaria, as we wrote above, in most cases to buy housing on the primary market, ie in new buildings. The secondary market developed much smaller: often secondary housing is considerably inferior to primary quality of construction, although sometimes exceeds that of the location. If you purchased a second home preliminary contract usually is, and the participants of the transaction immediately proceed to its next stage.

Documents and the deal

By signing the title deed (ownership document) required to have only passport (if the acquired property without the land). If there is a desire to shift the implementation of the transaction to another - a specialist, family member, business associate - the power of attorney is needed for processing the transaction and the signing of the act or contract of purchase.

The final agreement should be made to all owners of real estate, with the list of owners drawn up by the buyer. Then the final contract must be certified by a notary. Since then, the buyer is in possession is the document, under which it receives the documents on the property. Then the developer, the agent or the purchaser registers the purchase of real estate in court - this is a mandatory procedure, court officials have made a change in circumstances on the site in the State Register of real estate. Pending court decision would be between three days to a week.

After a notarial document is received, it should be within two months to file a declaration of buying property in the territorial tax inspectorate at the location of the object. Also, the foreigner must register with the municipality and within seven days to register property in his name in Bulstat (Department of Statistics) to get there the appropriate specific code.

In general, the number of documents required for the acquisition of real estate in Bulgaria, and their contents vary depending on the particular transaction. But in any case, the outcome document - a notarial deed (ownership document) to acquire property, which should mark the department for registration. All procedures may take longer than a statement officially. This usually occurs because of the transfer hearing. All documents are issued in the Bulgarian language.

You can go for a simpler way, entrusting the entire process of acquisition of the Bulgarian real estate professional (lawyer or realtor). And you can try to save on agent's fee - most meet with the developer to go to a notary to attend Bulstat be present in court, get up on the account in the municipality and the paperwork to the tax authorities. That's someone you like.

Associated costs

It is also necessary to consider the costs of registration of property. We should immediately say that these amounts are paid by the buyer. On the cost incurred by the seller, you can read below in the section "Contents of real estate.

In addition to the registration and stamp duty (0,1-1,5%, depending on the value of the object - the more expensive it is, the less interest) when applying for a property to the buyer pays the tax for the transfer of the property to the ownership of about 2% of book value of real estate (ie, about 1% of the real price apartment). The fact that the tax valuation of property (so-called book value) by the territorial tax service, as declared in the notarial act, usually 50% of the actual transaction price. There is a municipal tax (more about him and see the section "Contents of real estate"), which is paid when finalizing the transaction and not more than 1% of property value per year. The size of the notary fees of around 0,4% of the value of the object. Also introduced 0,01% of the fee for registration of real estate in the state archives. A certain amount of approximately 0,5% of the cost should be immediately calculated by unforeseen expenses.

Now consider the best ways to pay your purchases. The first - non-cash payment based on the preliminary contract of sale. Its banks are taking this document freely. In general, the transfer of money may be implemented as a bank in Russia, and foreign. The second way - pay cash. It should be noted that the export of funds will require approval of the Central Bank, and on the border of their need to declare.

Lending in Bulgaria

In June 2009 the situation with the mortgage easy. Get a loan is quite difficult not only to a foreign citizen, but the Bulgarians. Over the past ten months, of lending can be counted on the fingers, but the opportunity still exists.

Plots: Lease and construction


Sell land to foreign natural persons is prohibited in Bulgaria - you can only rent. Therefore, if the buyer - a private person, the area under the house, which in rural areas, usually of about 5.10 hectare, will also have to rent. In any case, if you buy a house with a plot, better and easier to form a legal entity and buy everything at once to the ground.

Buy land can be Bulgarian firms, and as such are considered to be companies with at least 1% of the Bulgarian capital. The same law has also a company registered in Bulgaria, 100% of capital owned by foreign individuals or legal entities. According to Bulgarian law, they do not differ from companies established by Bulgarian citizens. That is, land in Bulgaria can be purchased without the participation of a Bulgarian co-sponsor.

Persons who have received residence permit, do not have the right to acquire land in their name - they can be purchased only if the status of citizen or a legal person established in Bulgaria.

At the apartment address can register a company and use the apartment as an office. This applies to apartments, decorated to foreign nationals.

When you buy an apartment of such problems, of course, will not, as specified in the contract a so-called ideal part of the land - a conditional concept that refers to a small area which is under the apartment building and constituting typically 10-30% of the total area of the apartment.

The purchase of land will be awarded a separate contract, but its provisions and procedure for the conclusion of similar contracts to buy an apartment or house. The difference is that the contract is concluded for a company, rather than an individual. Land can also be purchased remotely, even without going to Bulgaria, and through trustees, agents or lawyers.

All land in Bulgaria is divided into two types: on being in the so-called regulation and is not in regulation. "In regulation" means that the area is included in the plan development of a particular locality, it is possible to build, because it is excluded from the zone of agricultural activity. If the land is "not in the regulation" (located in areas with approved construction plan), or engaged in agricultural activities, for it can not be built without a permit. To obtain permission to appeal to the local administration.

Translation of rural land in regulation - the procedure is often lengthy and expensive, sometimes it reaches a half or two years. Time and cost depend on the category of land: if the land belongs to the first and sixth categories (favorable for agriculture), then there is the option that local authorities generally refuse to translate it in regulation. If the category of land from the seven and below, the procedure for translating it into a regulation would be quick and cheap.

Construction of the house, even on the ground in the regulation will require special permission from the authorities. During the construction of a private house with a resolution of problems should not be. However, despite the fact that the land belongs to the company, building a house can be issued to the individual.

The design stage is usually not less than two months. If you build a house for personal use, then the problems with the act of receiving a service does not happen. Since such problems often faced by companies who are building residential complexes. Actual construction of private homes usually lasts longer than a year, but may be over in four or five months. A large house can be built and two years - most of this time will receive all kinds of permits.

At the moment the easiest way to conclude a contract with a construction firm. The best Russian-speaking customers speak about the quality of the work of Turkish construction workers. Services will cost the owner in the ? 400-500 per square. m, and the price includes a full finish.

Leasing land in Bulgaria is not very common. Lodging a formal lease can be for companies, as well as purchase, but possible that you will simply agree with the owner of the land. If he is interested and takes your conditions, then you will be able to conclude an agreement without unnecessary formalities. If Bulgaria's entry into force of the law on penalties for unused rural land, proposals for the lease immediately becomes much more. In the meantime, such a law to take in no hurry, and the owners of Bulgarian acres of tenancy simply do not think.

Rent in Bulgaria


The purpose of many of our compatriots is not buying property in Bulgaria, but only a temporary residence in a house or apartment for holiday or work. This process is quite simple, and the rental market in Bulgaria is saturated with offers, especially at resorts and in major cities. You can search for rented accommodation alone, and you can contact one of the tourist office, which, as a rule, these services are provided.

Lease real estate in Bulgaria is directly between the parties to this process, that is, a notary, he can not be certified, if only we are not talking about any special conditions or very large areas. Ignorance of the Bulgarian language should not become a hindrance, as employees of travel agencies commenting you all the items on your request.

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