Law Information System CIELA

LAW FOR THE MUNICIPAL PROPERTY

Prom. SG. 44/21 May 1996, amend. SG. 104/6 Dec 1996, amend. SG. 55/11 Jul 1997, amend. SG. 22/24 Feb 1998, amend. SG. 93/11 Aug 1998, amend. SG. 23/12 Mar 1999, amend. SG. 56/22 Jun 1999, amend. SG. 64/16 Jul 1999, amend. SG. 67/27 Jul 1999, amend. SG. 69/3 Aug 1999, amend. SG. 96/5 Nov 1999, amend. SG. 26/29 Mar 2000, suppl. SG. 34/6 Apr 2001, amend. SG. 120/29 Dec 2002, amend. SG. 101/16 Nov 2004, amend. SG. 29/7 Apr 2006, amend. SG. 30/11 Apr 2006, amend. SG. 36/2 May 2006

Chapter one.

GENERAL PROVISIONS

Art. 1. (amend., SG 96/99, amend. SG 101/04) This law settles the acquisition, the management and the disposition of municipal property, unless a special law provides otherwise.

Art. 2. (amend. SG 101/04) (1) Municipal property shall be:

1. the properties and the chattels, defined with a law;

2. the properties and the chattels, conceded in ownership to the municipality with a law;

3. the properties, which ownership is restored to the municipality under conditions and by order, determined with a law;

4. the properties and the chattels, granted or bequeathed to the municipality;

5. the properties and the chattels, acquired by the municipality with voluntary work and/or pecuniary resources of the population;

6. the properties and the chattels, acquired by the municipality at the liquidation of commercial companies with municipal participation;

7. the properties and the chattels, acquired by the municipality by legal transaction, by prescription or in another way, determined with a law.

(2) Municipal property shall not be the properties and the chattels of the commercial companies and the non profit corporate bodies even if the municipality has been the only owner of the property, transferred to them.

Art. 2a. (New, SG 22/98, amend. SG 101/04) In the cases when settlements are included in another municipality following administrative-territorial changes, the property and belongings under Art. 2, para 1, which are on their territory, they shall become property of the municipality within the borders of which the respective settlement is included.

Art. 3. (1) The municipal property is public and private.

(2) (amend. SG 101/04) Public municipal property shall be:

1. the properties and the chattels, determined with a law;

2. the real estates, designated for carrying out the functions of the bodies of the local government and local administration;

3. other properties, designated for permanent satisfaction of the public needs of local importance, determined by the municipal council.

Art. 4. The municipality shall be responsible for the liabilities of persons, due by the day of the gratuitous acquisition by it of real estates and chattel, up to the amount of their value.

Art. 5. (Amend., SG 96/99) (1) (amend. SG 101/04) The municipality shall certify the occurrence, the change and the lapse of the ownership of properties by an act for municipal property.

(2) (amend. SG 101/04) The act for municipal property shall be an official document compiled by an official by order and form, stipulated in the law.

(3) The act for municipal property has no right vesting effect.

Art. 6. (1) (amend., SG 96/99) The real estates and chattel - public municipal property, which have ceased to have their purpose under Art. 3, para 2 shall be declared by the municipal council private municipal property.

(2) Public municipal property shall be declared the real estates and chattel - private municipal property, who have acquired the designation under Art. 3, para 2.

(3) (amend., SG 96/99) The decisions of the municipal council under para 1 and 2 shall be taken by a majority of more than half of the total number of the municipal counsellors.

Art. 7. (1) (amend., SG 96/99) The real estate and chattel public municipal property, cannot be acquired by prescription.

(2) (amend., SG 96/99, amend. SG 101/04) The properties and the chattels – public municipal property, cannot be alienated and transferred in ownership to third persons. Properties – public municipal property, can be encumbered with limited real rights only in the cases, determined with a law.

(3) (amend. SG 101/04) The properties and the chattels – private municipal property, can be subject to disposal. The general provisions for ownership shall be applied for them as far as in this law other is not provided.

Art. 8. (1) (amend., SG 96/99) The municipal council shall adopt decisions for the acquisition, management and administration of the municipal property and shall carry out general management and control.

(2) (Amend., SG 69/99; SG 96/99) The municipal council shall determine by an ordinance the order of acquiring, use, and disposition of the municipal property and the concrete authorities of the mayors.

Art. 9. (1) The built-up real estates - public municipal property, shall obligatorily be insured.

(2) The insurance installments shall be provided by the budgets of the municipality or of the respective organizations and corporate bodies at budget support.

(3) (amend. - SG 36/06, in force from 01.07.2006) The insurance installments for the objects shall be granted under concession for the account of the concessionaire.

(4) (amend. SG 101/04) The municipal council shall determine the properties – private municipal property, subject to obligatory insurance.

(5) (new – SG 101/04) The mayor of the municipality shall determine the chattels – municipal property, subject to obligatory insurance.

Art. 10. (amend. SG 101/04) In the structure of the municipal administration and the administration of the district shall be established units for fulfillment the functions and the tasks under this law.

Chapter two.

USING AND MANAGEMENT OF THE REAL ESTATE AND CHATTEL - MUNICIPAL PROPERTY

Art. 11. (1) (amend., SG 96/99, amend. SG 101/04) Properties and the chattels – municipal property, shall be managed to the interest of the population in the municipality, according to the provisions of the law, with good care.

(2) (amend. SG 101/04) Properties and the chattels – municipal property, shall be used according to its designation and for the needs for which it has been submitted. The conceded properties and the chattels cannot be ceded for use, used jointly under contract with third persons, let for rent or re-rented except in the cases, provided in a law.

Art. 12. (amend. SG 101/04) (1) The properties and the chattels – municipal property, shall be conceded gratuitously for management to corporate bodies and units at municipal budget maintenance.

(2) The properties of art. 3, para 2, item 2, shall be managed by the mayor of the municipality, respectively the mayor of the district, the mayor of the mayoralty or the mayor deputy at their location.

(3) The properties and the chattels – municipal property, which are not necessary for the needs of the bodies of the municipality or of corporate bodies and units at municipal budget maintenance, can be conceded gratuitously for management to other corporate bodies at budget maintenance or their territorial structures.

(4) The order for conceding for gratuitous management of properties and the chattels – municipal property, shall be determined by the municipal council in the ordinance of art. 8, para 2.

(5) The properties and the chattels – municipal property, which are not conceded for management, shall be managed by the mayor of the municipality.

(6) When the need of the conceded property falls away or it is used in breach of the provisions of art. 11, the property shall be divested with an order by the mayor of the municipality.

Art. 13. (1) (revoked – SG 101/04)

(2) (New, SG 96/99) The municipality shall possess and manage the unowned real estates on its territory by an order established by the ordinance under Art. 8, para 2.

Art. 14. (amend. SG 101/04) (1) Free non residential properties – private municipal property, which are not necessary for the needs of the bodies of the municipality or of corporate bodies at maintenance by the municipal budget, can be let for rent to third persons.

(2) The letting for rent of properties of para 1 shall be implemented by the mayor of the municipality after conducting of tender or competition. The order for conducting the tenders and the competitions shall be determined by the municipal council in the ordinance of art. 8, para 2. On the basis of the results from the tender or the competition rental contract shall be concluded by the mayor of the municipality or by an official authorised by him.

(3) The term of letting for rent the properties of para 1 shall be determined by the municipal council in the ordinance of art. 8, para 2 and it cannot be longer than 10 years.

(4) The letting for rent of the properties of para 1 for the needs of the municipal management of the political parties, meeting the conditions, provided in the Law of the political parties, shall be implemented by the mayor of the municipality without a tender or a competition by an order, determined in the ordinance of art. 8, para 2. The extent of the rent shall be determined under the conditions of the Law of the political parties.

(5) The letting for rent of properties of para 1 for the needs of the municipal management pf the trade union organizations shall be implemented without a tender or a competition by an order, determined in the ordinance of art. 8, para 2.

(6) With a decision of the municipal council properties of para 1 can be let for rent without a tender or a competition to non profit corporate bodies, implementing activity for public benefit, by an order determined in the ordinance of art. 8, para 2. By this order to commercial companies can be let for rent landed properties, necessary as terrains for temporary use, for auxiliary and additional plots, communications etc., connected with the construction, the repair and the maintenance of sites of the technical infrastructure, for the term of the repair – construction activities. On the basis of the decision of the municipal council rental contract shall be concluded by the mayor of the municipality or by an official, authorized by him.

(7) Parts of properties – public municipal property, except the sites, subject to concession, can be let for rent by the order of para 2 for a term up to 5 years, after decision of the municipal council under the condition, that letting does not impede the activity of the persons managing them.

(8) The rental prices shall be determined by the municipal council.

Art. 15. (1) The rental relations shall be discontinued:

1. due to failure to pay the rent for more than one month or due to the systematic failure to pay on time;

2. due to a new construction, superstructure or addition to the building, permitted by the established order, when they affect the used premises;

3. (amend., SG 96/99) due to poor using;

4. with the expiration of the rental contract;

5. (amend. SG 101/04) when a tenant under art. 14, para 4, 5 and 6 acquires premises of the same kind, fit for use;

6. (amend. SG 101/04) when the tenant stops to meet the requirements, established by the ordinance under art. 8, para 2;

7. (amend. SG 101/04) when the premises are used in violation of the prohibitions under art. 11;

8. (amend. SG 101/04) other grounds, determined by the contract.

(2) When discontinuing the rental relations under para 1, item 2 the tenant shall be offered new premises of the same kind.

(3) (amend. SG 101/04) The rental relations under art. 14, para 3 and 7 shall be discontinued by the order of the obligations and contracts.

(4) (amend. SG 101/04) The rental relations under art. 14, para 4, 5 and 6 shall be discontinued by an order of the respective mayor, stating the grounds for discontinuation of the rental relations, the collected evidence and the term of vacation, which cannot be longer than one month.

(5) (suppl. SG 101/04; amend. - SG 30/06, in force from 12.07.2006 and for the replacement of the word "district" by "administrative" in force from 01.03.2007) The order under para 4 can be appealed before the administrative court by the order of the Administrative procedure code. The appeal shall not stop the fulfillment of the order unless the court orders other.

Art. 16. (amend. SG 101/04) The maintenance and repair of the properties and the chattels – municipal property, shall be carried out by the persons, to whom they are conceded for managements, the necessary resources being provided annually in their budgets.

Art. 17. (1) (amend. SG 101/04) The maintenance and the current repair of the properties and the chattels – municipal property, let for rent or conceded for management, shall be carried out by the tenants or the users, in compliance with the provisions of the Law for the obligations and contracts.

(2) A contract can stipulate the main repair to be carried out for the account of the tenants and the users.

Art. 18. (1) (amend. SG 101/04) If a pressing municipal need occurs the tenants of the premises under art. 14, para 4, 5 and 6 shall be obliged to vacate them within three months from the notification for vacation.

(2) (amend. SG 101/04) If the property under para 1 is not vacated voluntarily, it shall be vacated by administrative order, on the grounds of an order of the mayor of the municipality, which shall be fulfilled with the assistance of the bodies of the Police.

(3) (suppl. SG 101/04; amend. - SG 30/06, in force from 12.07.2006 and for the replacement of the word "district" by "administrative" in force from 01.03.2007) The order under para 2 can be appealed before the administrative court, by the order of the Administrative procedure code. The appeal shall not stop the fulfillment of the order unless the court orders other.

Art. 19. (amend., SG 96/99, amend. SG 101/04) The chattels - private municipal property, shall be conceded for rent under conditions and by an order, determined by the ordinance under art. 8, para 2.

Art. 20. (amend., SG 96/99) Cultural monuments, municipal property, shall be managed under the conditions and by the order, determined by special laws.

Chapter three.

COMPULSORY EXPROPRIATION OF REAL ESTATE - PRIVATE PROPERTY, FOR MUNICIPAL NEEDS

Art. 21. (amend. SG 101/04) (1) Properties – ownership of individuals or corporate bodies, can be alienated compulsorily only for satisfying of municipal needs, which cannot be satisfied otherwise, on the basis f a detailed development plan entered into force, providing the construction of sites – public municipal property, or for obtaining underground resources – public municipal property, after preliminary and equal pecuniary indemnification.

(2) for the construction and the exploitation of the sites of para 1 can be alienated properties or parts of them, which are affected directly by the provided construction or become unfit for building up or use according to the development, the sanitary – hygiene and the fire safety rules and norms and the requirements for security and safety.

(3) Parts of properties can be alienated only when the residual of the property meets the requirements, determined in a law, according to its kind, location and designation.

(4) The properties of para 1 shall not be alienated if the municipality acquires them in ownership by the order of art. 199, para 1 of the Law of spatial planning, through exchange with municipal property or the owners establish for the municipality limited real rights.

(5) Properties – ownership of the state, cannot be alienated compulsory for municipal needs. When for the needs of the sites of para 1 are affected properties – private state property, they shall be transferred gratuitously in ownership to the municipality by the order of the Law of the state property.

Art. 22. (suppl., SG 96/99, amend. SG 101/04) (1) The alienation of properties – private property, can be implemented entirely or at stages – before starting of the construction of the respective stage.

(2) The owners and the users of the properties, subject to alienation, shall be obliged to ensure free access to them for making measurements and other technical activities when this is necessary for preparing the request for alienation. Upon refusal the access to the properties shall be ensured with the cooperation of the bodies of the police. The state bodies shall be obliged to present gratuitously the whole information with which they dispose, referring to the properties – subject to the alienation.

(3) The mayor of the municipality shall assign the working out of the valuations of the properties, provided for alienation, to independent licensed valuers. In the case the provisions of the Law of the public procurement shall not be applied.

(4) The valuation shall be implemented according to market prices. When the market valuation of the property is lower than the tax one the indemnification shall be in extent of the tax valuation.

(5) After the detailed development plan enters into force the lawful constructions and the other improvements, made by the owner of the property and by the order of art. 49 of the Law of spatial planning, shall be paid with the smaller value of the value of the expenses incurred and the increased value of the property.

Art. 23. (amend. SG 101/04) (1) The alienation procedures shall be opened by a decision of the municipal council upon proposal by the mayor of the municipality, taken by a majority of more than half of the total number of the counsellors. When the construction of the site is provided at stages the municipal council can approve decision for opening of alienation procedure only for the properties, necessary for the realizing of the respective stage.

(2) The proposal for alienation of para 1 shall contain:

1. a copy of detailed development plan, entered into force, designation of the properties, provided for alienation, and the ground for alienation;

2. kind, location and size of the properties, data about the owners and documents for ownership;

3. valuation of the properties, prepared by a licensed valuer not earlier than three months before the date of submitting the proposal for alienation;

4. total amount of the resources, necessary for indemnification of the owners and financial rationale of the proposal for alienation.

Art. 24. (revoked – SG 101/04)

Art. 25. (amend. SG 101/04) (1) The decision of the municipal council of art. 23, para 1, shall contain:

1. designation of the properties according to the detailed development plan, entered into force, providing the construction of site – public municipal property;

2. grounds for alienation;

3. kind, location, size and owners of each of the properties to be alienated;

4. the amount of the due indemnification.

(2) In 14 days term after taking the decision of para 1 the mayor of the municipality shall issue order for alienation in which shall be pointed out the ground for alienation, the designation, the kind, the location, the size and the owner of the property, the extent of the indemnification, the commercial bank in which shall be paid the indemnification and the date after which starts payment of the indemnification to the account of the rightful claimants.

(3) The order of para 2 shall be handed over to the owners by the order of the Civil Procedure Code.

Art. 26. (revoked – SG 101/04)

Art. 27. (amend. SG 101/04; amend. - SG 30/06, in force from 01.03.2007) (1) The order of the mayor of the municipality of art. 25, para 2, can be appealed before the administrative court at the location of the property in 14 days term after delivering it.

(2) In 7 days term after receiving it the mayor shall send the appeal to the court together with statement on it and all the necessary evidences.

(3) In 5 days term after receiving the appeal the court shall pronounce decision in a closed session on the admitting of the evidences, pointed out and presented by the parties, set the time and consider the case in 15 days term. At summoning the rules of art. 41, para 5 and the term of art. 157, para 1 of the Civil Procedure Code shall not be applied.

(4) The court shall summon obligatory also the investor of the site, for which construction the property is alienated, if he is different from the municipality.

(5) The terms of para 3 shall be applied also at postponing of the case.

(6) The court shall announce the decision in 7 days term after the session, in which has finished the considering of the case. The decision shall be ultimate.

Art. 28. (revoked – SG 101/04)

Art. 29. (amend. SG 101/04) (1) The property shall be considered alienated from the date, on which the indemnification, determined in the order of art. 25, para 2 or in the court decision, is paid.

(2) When the alienated property is the only abode of the owner the property shall be occupied after elapse of three months after the payment of the indemnification.

(3) If in 6 months term after the order of art. 25, para 2 or the court decision enter into force the owner is not indemnified, upon his request the municipality shall revoke the order for the alienation.

(4) The indemnification, determined in the order of the mayor of the municipality of art. 25, para 2 or in the court decision, shall be paid to a commercial bank in an account of the rightful claimants.

(5) In the cases when there is dispute among several persons for the right over the due sum or rights over the property being alienated, the indemnification shall be paid to a commercial bank in an account of the municipality. In this case the bank shall pay the sum to the person, who established his rights by judicial order.

Art. 30. (revoked – SG 101/04)

Art. 31. (1) (amend. SG 101/04) If in three years term from the alienation of the property the measure from the detailed development plan has not started or the property is not used for the designation, for which it has been alienated, upon request by the former owner of the property the mayor of the municipality shall revoke the order for alienation after restoration of the received indemnification.

(2) In the case under para 1 the municipality shall owe to the owner compensations for the caused damages.

(3) (amend. SG 101/04) The municipality shall have right to receive the lesser value, of the expenses incurred and the increased value of the property for the implemented by it improvements in the property.

Art. 32. (1) (amend. SG 101/04) When the alienated property is encumbered with real rights the following rules shall be observed:

1. the due monetary compensation, in its part up to the amount of the taking for mortgage, hall be paid to the mortgage creditor, inasmuch as his takings is not preceded by takings with advantage for reimbursement;

2. (amend. SG 101/04) for another real right burden imposed on the real state the due monetary compensation shall be paid to commercial bank, and it shall serve as compensation of the respective taking.

(2) (revoked – SG 101/04)

(3) (amend. SG 101/04) The municipality shall acquire properties, alienated by virtue of this law, without burdens.

Art. 33. Taxes and duties shall not be collected on the expropriation procedures under this chapter.

Chapter four.

ACQUISITION AND DISPOSING OF PROPERTIES AND CHATTELS – MUNICIPAL PROPERTY (title amend. SG 101/04)

Art. 34. (amend. SG 101/04) (1) The municipality shall acquire right of ownership and limited real rights by legal transaction, by prescription or in another way, determined in a law.

(2) Onerous acquisition of right of ownership or limited real rights in properties shall be implemented after decision of the municipal council, by order, determine in the ordinance of art. 8, para 2. On the basis of the decision of the municipal council contract shall be concluded by the mayor of the municipality.

(3) The grants and wills shall be accepted by the mayor of the municipality under the conditions of art. 61, para 2 of the Law of inheritance.

(4) The municipality shall dispose with properties and chattels – private municipal property, by sale, exchange, grant, partition, onerous or gratuitous establishing of limited real rights, by apportation in the capital of commercial companies or in another way, determined in a law. The disposition activities shall be implemented only with properties, the acts for which have been entered by the respective order in the service for entering.

(5) The apportation of properties and the chattels – private municipal property, in the capital of commercial companies, shall be implemented with decision of the municipal council. The order for establishing of commercial companies and for exercising of the rights of ownership of the municipality in commercial companies shall be determined with an ordinance of the municipal council.

(6) The establishing of limited real rights in sites – public municipal property, shall be implemented under conditions and by order, determined in a law.

(7) The contracts for acquisition of ownership and limited real rights in properties, as well as for disposing with properties – municipal property, shall be concluded in written form by the mayor of the municipality and they shall be entered by order of the judge for entering at the location of the property. The contracts for exchange of properties – municipal property, with properties – ownership of individuals or corporate bodies, shall be entered at the location of the municipal property, and upon exchange with properties – state property – at the location of the state property.

Art. 35. (1) (amend., SG 96/99) Sale of properties and the chattels - private municipal property, shall be carried out after a decision of the municipal council by the mayor of the municipality through a tender or a competition.

(2) Sale of land – private municipal property, to the owner of lawfully built construction on it shall be implemented by the mayor of the municipality without a tender or a competition by an order, determined in the ordinance of art. 8, para 2.

(3) When the persons, to whom sale can be made, are determined in a law, the sale shall be implemented without a tender or a competition, by an order, determined in the ordinance of art. 8, para 2.

(4) Grant of a property – private municipal property, shall be implemented after decision of the municipal council, adopted with majority three fourths of the total number of the counselors.

(5) On the grounds of the results from the tender or the competition, respectively – of the decision of the municipal council, the mayor of the municipality shall issue order and conclude contract.

Art. 36. (amend. SG 101/04) (1) The termination of co-ownership in properties between the municipality, the state, individuals or corporate bodies, shall be implemented after decision of the municipal council by an order, determined with the ordinance of art. 8, para 2 by:

a) partition;

b) sale of the part of the municipality;

c) buy out of the part of the individuals or the corporate bodies;

d) exchange.

(2) At termination of the co-ownership of para 1 shall be applied the provisions of the Law of the ownership and the Civil Procedure Code.

(3) On the basis of the decision of the municipal council the mayor of the municipality shall issue order and conclude contract.

Art. 37. (amend. SG 101/04) (1) Right of construction on property - private municipal property, shall be instituted after a decision of the municipal council by the mayor of the municipality through a tender or a competition and according to the provisions of a detailed development plan, entered into force.

(2) In the conditions of the tender or the competition may be provided the payment of the price of the construction right or part of it to be made with equal in value property in the newly built construction.

(3) When the construction right is established for defined term, after the elapse of the term, for which it has been established, the municipality shall acquire gratuitously the ownership of the constructed site.

(4) The construction right shall be established without a tender or a competition after decision of the municipal council, adopted with majority more than half of the total number of the counselors, by an order, determined with the ordinance of art. 8, para 2, for:

1. citizens with residential needs, established by the order of the ordinance of art. 45a, para 1 – for construction of residential buildings;

2. corporate bodies at budget maintenance;

3. religious institutions, registered according to the Law of the religions, or their local divisions for ritual, prayer or liturgical homes for public religious rituals and services, for temples and monasteries;

4. other persons, when this is provided in a law.

(5) Gratuitous construction right may be established after decision of the municipal council, adopted with majority two thirds of the total number of the counselors.

(6) Gratuitous construction right may be established after decision of the municipal council, adopted with majority more than half of the total number of the counselors by an order, determined in the ordinance of art. 8, para 2, for:

1. corporate bodies at budget maintenance;

2. religious institutions, registered according to the Law of the religions, or their local divisions for ritual, prayer or liturgical homes for public religious rituals and services, for temples and monasteries;

3. other persons, when this is provided in a law.

(7) On the basis of the results of the tender or the competition, respectively – the decision of the municipal council, the mayor of the municipality shall issue order and conclude contract.

Art. 38. (amend. SG 101/04) (1) Right of superstructure or additional construction of a building – private municipal property, or building, constructed on a property – private municipal property, shall be established under the conditions and by the order of art. 37, para 1.

(2) Right of superstructure and/or additional construction of a building, constructed on a property – private municipal property, shall be established by the mayor of the municipality without a tender or a competition for the owner of the building, as well as for owners of abodes in buildings – condominiums, or their associations, by an order, determined by the municipal council in the ordinance of art. 8, para 2.

(3) Gratuitous right to superstructure and/or additional construction may be established under the conditions of art. 37, para 5 and 6.

(4) On the basis of the results of the tender or the competition, respectively – of the decision of the municipal council, the mayor of the municipality shall issue order and conclude contract.

Art. 39. (amend. SG 101/04) (1) Right of use in properties – private municipal property, shall be instituted after a decision of the municipal council by the mayor of the municipality by a tender or a competition.

(2) The term of the right of use shall be determined by the municipal council and it cannot be longer than 10 years unless in a law other is provided.

(3) In the cases when the persons, to whom right to use can be established, are determined in a law, it shall be established without a tender or a competition after decision of the municipal council by an order, determined in the ordinance of art. 8, para 2.

(4) Gratuitous right to use can be established after decision of the municipal council, adopted with majority two thirds of the total number of the counselors.

(5) When the persons, to whom gratuitous right to use can be established are determined in a law, it shall be established without a tender or a competition after decision of the municipal council, adopted with majority more than half of the total number of the counselors by an order, determined in the ordinance of art. 8, para 2.

(6) On the basis of the results of the tender or the competition, respectively – of the decision of the municipal council, the mayor of the municipality shall issue order and conclude contract.

Art. 40. (Revoked, SG 96/99, new – SG 101/04) (1) The exchange of property – private municipal property, of the construction right on property – private municipal property, and of the construction right in favour of the municipality with a property or construction right – ownership of the state, of individuals or corporate bodies, shall be implemented with a decision of the municipal council.

(2) The termination of ownership in the cases of art. 36, para 1, item 4, shall be implemented under the conditions of para 1.

(3) On the basis of the decision of the municipal council the mayor of the municipality shall issue order and conclude contract.

Art. 41. (amend. SG 101/04) The order for the acquisition of right of ownership and limited real rights as well as for the conducting of the tenders and the competitions for disposing with properties and the chattels – municipal property, shall be determined by the municipal council with the ordinance of art. 8, para 2.

(2) The disposing with properties and the chattels – municipal property, shall be implemented on the basis of market valuation, determined by the order of art. 22, para 3. The disposing cannot be implemented at a price lower than the market valuation.

(3) In the cases of para 2 shall not be admitted payment of the price entirely or partially with compensatory instruments.

Chapter five.

MUNICIPAL FLATS

Art. 42. (amend. SG 101/04) (1) According to their designation the municipal abodes shall be:

1. for accommodation for rent citizens with established residential needs;

2. for sale, exchange and indemnification of former owners, which properties have been alienated for municipal needs;

3. departmental;

4. reserve.

(2) The abodes of para 1 shall be determined by the municipal council upon proposal by the mayor of the municipality and they can be changed according to the needs of the municipality.

(3) The conceding and the use of municipal homes for non residential needs shall be forbidden.

(4) The prohibition of para 3 shall not be applied in the cases when the municipality disposes with free abodes for accommodation, for which there are no citizens in need, meeting the requirements of art. 43 and 45. In these cases the using of municipal homes for non residential needs shall be admissible after change of their designation by the order of the Law of spatial planning.

Art. 43. (amend. SG 101/04) (1) In the flats for rent shall be accommodated:

1. persons with residential needs, established by the order of the ordinance of art. 45a, para 1.

2. tenants of municipal homes, affected by new construction, superstructure or additional construction, major repair or reconstruction;

3. persons, whose homes have been restored to their former owners by the order of art. 7 of the Law of reinstatement of the ownership of nationalized real estates.

Art. 44. (revoked – SG 101/04)

Art. 45. (amend. SG 101/04) (1) In the reserve flats shall be accommodated for rent for a period, not longer than two years, persons:

1. whose flats have become unfit for abode, as a result of natural or elemental calamities and accidents or are threatened by self collapse;

2. in whose families there are acute social or health problems.

(2) With a decision of the municipal council in reserve homes can be accommodated also mayors, deputy mayors and mayor deputies, who have no abode in the respective settlement – for the time they take the respective position.

Art. 45a. (new – SG 101/04) (1) The conditions and the order for establishing of residential needs and for accommodating for rent in the abodes of art. 43 and 45 shall be determined with an ordinance by the municipal council.

(2) The ordinance of para 1 shall also be determined the conditions and the order for accommodation in the departmental abodes of the municipality.

(3) Free municipal abodes, for accommodation in which there are no citizens in need, meeting the requirements of art. 43 and 45, can be let for rent at market prices under conditions and by order, determined in the ordinance of para 1.

Art. 46. (amend., SG 96/99, amend. SG 101/04) (1) The rental legal relations shall be terminated due to:

1. not payment of the rental price or the consumable expenses for more than 6 months;

2. implementing new construction, superstructure or additional construction, major repair or reconstruction, when inhabited premises are affected;

3. breach of good morals;

4. not rendering the care of good husbandry at using the abode.

5. termination of employment or official legal relations of the persons, accommodated in departmental abode unless in the ordinance of art. 45a, para 1 other is provided;

6. elapse of the term for accommodation;

7. falling away of the conditions for accommodation of the tenant in municipal abode;

8. using of the abode not for its designation.

(2) The rental legal relation shall be terminated with order by the body, issued the accommodation order. In the order shall be pointed out the grounds for termination of the rental legal relation and the term for vacating of the abode, which cannot be longer than one month.

(3) At termination of the rental legal relation pursuant to para 1, item 2 to the order of para 2 shall be attached accommodation order for another municipal abode if the tenant meets the conditions for accommodation.

(4) At elapse of the term of accommodation the rental legal relation can be extended if the tenant meets the conditions for accommodation for rent in a municipal abode.

(5) (amend. - SG 30/06, in force from 12.07.2006 and for the replacement of the word "regional" by "administrative" in force from 01.03.2007) The order of para 2 can be appealed before the administrative court by the order of the Administrative procedure code. The appeal shall not stop the fulfillment of the order unless the court orders other.

Art. 47. (amend. SG 101/04) (1) The municipal homes, designated for sale, can be sold after decision of the municipal council to:

1. rightful claimants under the Law for the settlement of the problems of citizens with long-standing house saving deposits;

2. persons, whose abodes are provided to be alienated by the order of chapter three;

3. other persons, meeting the requirements for purchase of municipal homes, determined with the ordinance of art. 45a, para 1.

(2) The prices of the homes, subject to sale, shall be determined by the municipal council, according to criteria established in the ordinance of art. 45a, para 1. The sales cannot be implemented at a price, lower than the tax valuation of the property.

(3) The conditions for sale of municipal abodes shall be determined by the municipal council with the ordinance of art. 45a, para 1.

Art. 48. (amend. SG 101/04) The reserve municipal abodes cannot be sold.

(2) The departmental abodes of the municipality can be sold to employees who have not less than five years continuous practice in the municipal administration.

Art. 49. (1) (prev. art. 49, amend. SG 101/04) Exchange of municipal abodes with housing or non-housing real estate – property of the state, of physical or corporate bodies, shall be carried out by the order of art. 40.

(2) (new – SG 101/04) The exchange of municipal abodes with non residential properties shall be admitted only if there are free municipal abodes, for accommodation in which there are no citizens in need, meeting the conditions of art. 43 and 45.

Art. 50. The rental accommodation, the sale and the exchange of municipal studios and garages shall be carried out under conditions and by an order, determined by the ordinance under Art. 8, para 2.

Chapter six.

Economic activity of the municipality (amend., SG 96/99)

Art. 51. (1) (New, prev. Art. 51, amend., SG 96/99) The economic activity of the municipality shall be carried out through sole owner trade companies with municipal property or through trade companies with municipal participation.

(2) (New, SG 96/99) The municipality cannot participate as unlimited liable partner.

(3) (New, SG 96/99) The municipality can also carry out some activities independently - through municipal enterprises.

Art. 52. (amend., SG 96/99) (1) The municipal enterprise is a specialised unit of the municipality for management of municipal property for satisfying the needs of the population and for providing the fulfilment of municipal activities.

(2) (amend. SG 120/02) The municipal enterprise shall carry out its activity on the grounds of regulations adopted by the municipal council.

(3) (revoked – SG 101/04)

(4) The municipal enterprise cannot be assigned functions representing a part of the administrative and technical servicing for the population of the municipality.

Art. 53. (amend., SG 96/99, amend. SG 101/04) The municipal enterprises shall be established for fulfilment of municipal activities in the following directions:

1. public works and other public activities of art. 52, para 1, construction, maintenance or management of sites – municipal property;

2. management and maintenance of municipal markets and market-places;

3. social services;

4. ritual activity;

5. students’ recreation activity.

Art. 54. (1) The municipal enterprises hall be established, transformed and closed down by a decision of the municipal council.

(2) (amend., SG 96/99, amend. SG 101/04, amend. - SG 36/06, in force from 01.07.2006) The regulation of art. 52, para 2 shall determine the activity, the structure, the number of personnel and the municipal property ceded to the enterprises.

Art. 54a. (new – SG 101/04) (1) In the municipality shall be created and maintained registers of the commercial companies with municipal participation and of the municipal enterprises.

(2) In the register of the municipal enterprises shall be entered data about the subject of activity, the structure, the number of the staff and conceded municipal property.

(3) In the register of the commercial companies with municipal participation shall be entered data about the company, the extent of the municipal participation and the persons, who represent the municipality in the management and the control bodies of the company as well as their remuneration.

(4) To the registers pf para 1 shall be attached the annual financial reports of the municipal enterprises and of the commercial companies, in which the municipality is owner of not less than 25 percent of the capital.

Art. 55. (amend., SG 96/99, amend. SG 101/04) The directors of the municipal enterprises shall be appointed by the mayor of the municipality by an order determined by the municipal council.

Chapter seven.

SUPERVISION AND ISSUANCE OF TITLE DEEDS OF THE REAL ESTATES - MUNICIPAL PROPERTY

Art. 56. (suppl., SG 55/97, amend. SG 101/04) For the municipal properties shall be compiled acts for municipal ownership according to models, approved by the Minister of Regional Development and Public Works.

(2) For the temporary constructions, the streets, the squares, the municipal roads and other linear sites of the technical infrastructure acts for municipal ownership shall not be compiled unless in a special law other is provided.

Art. 57. (revoked – SG 101/04)

Art. 58. (amend. SG 101/04) (1) The act for municipal ownership shall be compiled in two copies by the official, determined by the mayor of the municipality. The act shall be signed by the compiler, approved by the mayor of the municipality and conceded for entering by the order of the Law of the cadastre and the property register in 7 days term after its approval.

(2) (amend. - SG 29/06) The first copy of the act shall be preserved at the service for entering and the second – at the municipality. A copy of the act shall be sent in 7 days term after its entering to the office for geodesy, cartography and cadastre or to the persons, to whom the property has been conceded.

(3) For each municipal property file shall be compiled, to which shall be attached a copy of the act for ownership and the documents, certifying the occurrence, the change and the termination of the right of ownership of the municipality as well as the rights, conceded to third persons.

(4) The acts for municipal ownership of state properties, passes in ownership of the municipality after June 1, 1996 shall be compiled after writing off from the act books for state ownership by the regional governor by an order, approved by the Council of Ministers.

Art. 59. (amend. SG 101/04) When at introducing changes in the detailed urban development plans new regulated landed properties – municipal property, are formed, for each newly formed regulated landed property shall be compiled a new act of municipal ownership, in which shall be pointed out the number and the date of the old act. The change shall also be marked on the old act and in the respective register.

Art. 60. (amend. SG 101/04) (1) At change of the character of the ownership from public to private or vice versa a new act shall be compiled, this circumstance being marked in the new and in the old act and in the registers.

(2) At establishing of obvious factual mistake new act shall not be compiled. In this case correction shall be made and this circumstance shall be noted in the act and in the respective register.

Art. 61. (amend. SG 101/04) In the act for municipal ownership shall be noted the activities for management or disposing with the property, and for the properties – public municipal property – also their granting for concession.

Art. 62. (1) (amend. SG 101/04) The acts for municipal ownership shall be entered with consecutive numbers in the register, shall be stringed in the act books and shall be kept in the respective offices "Municipal property".

(2) (amend. SG 101/04) The act books for the municipal properties shall be generally accessible, and everybody can request information on them, under conditions and by an order, determined by the ordinance of art. 8, para 2.

(3) (amend. SG 101/04) On the act for municipal ownership, which has ceased to be property of the municipality, or of a property, for which a new act has been compiled, this circumstance shall be marked and it shall be kept in the way, provided in para 1.

Art. 63. (amend. SG 101/04) (1) On the grounds of the compiled acts for municipal ownership shall be created chief register for the public municipal property and chief register of the private municipal property, according to forms, approved by the Minister of Regional Development and Public Works.

(2) The acts for municipal ownership, the chief registers and the dossiers of the properties shall be preserved termless.

(3) In the registers shall be entered data about the basis characteristics of the properties – public and private municipal property, including the properties of art. 64, para 1, as well as the acts for municipal ownership.

Art. 64. (1) (amend. SG 101/04) The properties incorrectly registered as municipal property as well as the properties for which the grounds for registration have dropped out, shall be written off from the act books with an order by the mayor of the municipality and shall be returned to the owner.

(2) The disputes on the material right shall be settled by court order.

Art. 65. (1) Municipal property, which is used or hold without grounds, which is not used according to its designation or the need of it has dropped out, shall be taken back on the grounds of an order of the mayor of the municipality.

(2) (New, SG 96/99) In the Capital municipality and in the cities with regional division the orders under para 1 can also be issued by the mayors of the regions in the cases and by an order established by the municipal council.

(3) (Prev., para 2 - SG 96/99, amend. SG 101/04) The order for taking back the real estate shall be carried out by an administrative order, with the assistance of the police.

(4) (Prev. para 3 - SG 96/99; amend. - SG 30/06, in force from 12.07.2006) The order under para 1 shall be subject to appeal by the order of the Administrative procedure code. The appeal shall not suspend the fulfilment of the order, unless the court rules otherwise.

Art. 66. (1) (amend., SG 96/99, amend. SG 101/04) The state bodies shall be obliged to render the necessary assistance to the municipalities in connection with the management and disposition of properties – municipal property.

(2) (revoked – SG 101/04)

Art. 66a. (new – SG 101/04) The mayor of the municipality shall compile and concede to the municipal council accounts about the status of the municipal property and the results of its management by kinds and categories of sites, according to a order, defined in the ordinance of art. 8, para 2.

Chapter eight.

GRANTING CONCESSIONS (REVOKED - SG 36/06, IN FORCE FROM 01.07.2006)

Art. 67 (1) (amend., SG 96/99, amend. SG 101/04, revoked - SG 36/06, in force from 01.07.2006)

Art. 68. (1) (amend., SG 96/99, revoked - SG 36/06, in force from 01.07.2006)

Art. 69. (amend. SG 101/04, revoked - SG 36/06, in force from 01.07.2006)

Art. 70. (revoked – SG 101/04)

Art. 71. (revoked - SG 36/06, in force from 01.07.2006)

Art. 72. (revoked - SG 36/06, in force from 01.07.2006)

Art. 73. (revoked - SG 36/06, in force from 01.07.2006)

Art. 74. (revoked - SG 36/06, in force from 01.07.2006)

Art. 75. (revoked - SG 36/06, in force from 01.07.2006)

Art. 75a. (new – SG 101/04, revoked - SG 36/06, in force from 01.07.2006

Chapter nine.

ADMINISTRATIVE AND PENALTY PROVISIONS

Art. 76. (amend., SG 96/99) The tenants of municipal real estate, who violates the prohibitions under Art. 12, para 3 and Art. 14, para 6 for its renting, joint use according to a contract with third persons or for its use for economic and production activity shall be fined with 500 and 2000 levs.

Art. 77. (amend., SG 96/99) Who, without legal grounds, occupies municipal property, shall be fined with 100 and 500, unless subject to a more severe penalty.

Art. 78. (amend., SG 96/99) Who does not fulfil an order or a decision within one month from their enactment for vacation of a municipal property shall be fined with 500 and 1500 levs, unless subject to a more severe punishment.

Art. 79. Who does not fulfil on time the obligation under § 4 of the transitional and concluding provisions shall be fined with 10 to 50 levs.

Art. 80. (1) The acts for establishment of the violations shall be issued by officials, appointed by the mayor of the municipality and by the officials from office "Municipal property".

(2) The penalty decrees shall be issued by the mayor of the municipality or by a person authorized by him.

(3) The establishment of the violations, the issuance, the appeal and the fulfillment of the penalty decrees shall be carried out by the order of the Law for the administrative violations and penalties.

Additional provisions

§ 1. (revoked – SG 101/04)

§ 2. "Family" in the sense of this law are the spouses and the children under age, if they are not married.

§ 3. The project has begun, in the sense of Art. 31, para 1, if the architectural projects are approved and a permit for construction is issued.

Transitional and concluding provisions

§ 4. The physical and corporate bodies, who use municipal real estate, shall be obliged, within six months from the enactment of this law, to inform in writing the respective office "Municipal property" at the location of the real estate.

§ 5. (1) The issuance of title deeds for the real estates, municipal property by the date of enactment of this law, shall be carried out within six months from the same date.

(2) Within the period under para 1 the municipal councils shall announce by a decision the real estates and chattel - public municipal property.

§ 6. (revoked – SG 101/04)

§ 7. (1) The rental contracts, concluded by the established order, by June 1, 1996, whose term has not expired, shall retain its effect until the end of the contracted period, but for no more than 3 years from the enactment of this law.

(2) The municipal councils shall determine basic rental prices of the municipal real estates within three months from the enactment of the law.

(3) The contracts, concluded by the adoption of the decisions under para 2, at rental prices, lower than the basic ones, shall be updated according to the determined basic prices.

§ 8. The opened procedures for sale, exchange, establishment of real rights over the real estates, private municipal property, and for partition of such real estates and chattel, possessed by the municipality as joint ownership, shall be concluded by the previous order.

§ 9. (1) (revoked - SG 36/06, in force from 01.07.2006)

(2) The persons, who have legally acquired or who exercise rights over the objects under Art. 69 and the activities under Art. 70, until the enactment of this law, shall be obliged to declare them at the municipal council within three months from the enactment of the law.

(3) With the expiration of the term under para 2 the rights which have not been declared shall be considered reimbursed.

(4) For the rights, declared according to para 2, the municipal council shall take a decision for their updating, in compliance with the law, within one year.

§ 10. (1) (New, SG, 22/98; amend., SG, No 93/98) With the enactment of the law ownership of the municipalities shall become the objects, constructed with state resources, ceded to the former people's councils, or by voluntary labour and resources of the population.

(2) (New, SG No 22/98)On starting procedures under Art. 9 or Art. 28 of the Law of the administrative-territorial development of the Republic of Bulgaria all transactions with the municipal property on the territory of the respective settlements shall be suspended.

(3) (New, SG No 22/98) When the results of the procedure under Art. 9 or Art. 28 of the Law of the administrative-territorial development of the Republic of Bulgaria are negative, the imposed suspension under para 2 shall be dropped off.

§ 11. (revoked – SG 101/04)

§ 12. In the Concessions Law (prom., SG, No 92 of 1995, No 16 of 1996 - Decision No 2 of the Constitutional Court of 1996) in § 1, para 1 of the transitional and concluding provisions is amended as follows:

"(1) The granting of concessions for objects, municipal property, as well the issuance of permits for activities, carried out by the municipalities, shall be determined by a separate law."

§ 13. In the Law for the protection of the agricultural property (prom., SG, No 54 of 1974) the following amendments are introduced:

1. In Art. 10, para 1 the words "heads of the agricultural organization" are replaced by "the mayor of the region or of the town council".

2. In Art. 16, para 2 the words "the agricultural organization" are replaced by the words "the municipality".

3. In Art. 23, para 2 the words "of the agricultural organization" and "or from own resources" are deleted.

§ 14. The Law for the rental relations (prom., SG, No 53 of 1969) is revoked.

§ 15. The following amendments are introduced to the Law for the civil procedural code (prom., Izvestiya No 12, 1952):

1. In Art. 288, para 8, first sentence, the words "the Law for the rental relations" are replaced by "the Law for the state property", and in sentence three the words "under Art. 10 of the Law for the rental relations" are replaced by "determined by the established order for the state flats".

2. The following amendments are introduced to Art. 415:

a) in para 2 the words "and after the joint holder who occupies the flat is ceded another flat under the conditions of Art. 46 or 47 of the Law for the rental relations. If the assigned flat surpasses the housing needs of the person who occupies it, determined by Art. 5 and 6 of the Law for the rental relations, the decision shall be fulfilled for the part of the flat, exceeding the norms under these provisions, without ceding another flat" are deleted.

b) para 3, 4 and 5 are revoked.

§ 16. In § 3 of the Law for restoring the ownership of real estate to Bulgarian citizens of Turkish origin, who have applied for leaving for the Republic of Turkey and other countries, in the period May-September 1989 (prom., SG, No 66 of 1992, No 102 of 1992 - Decision No 18 of the Constitutional Court of 1992) the words "Art. 10 of the Law for the rental relations" are replaced by "the Law for the state property for the state flats".

§ 17. In Art. 25 of the Law for the cultural monuments and museums (prom., SG, No 29 of 1996, No 31 of 1996 - Decision of the Constitutional Court of 1996) the words "are exempt from the effect of the Law for the rental relations" are deleted.

§ 18. In Art. 37, para 4, first sentence of the Law for the citizens' property (prom., SG, No 26 of 1973) the words "accommodated under the conditions of the Law for the rental relations" are deleted, and at the end of the sentence is added "if they meet the requirements for accommodation in state or municipal flats".

§ 19. The pending court cases under § 14, 15, 16 and 18 shall be settled by the previous order.

§ 20. (revoked – SG 101/04)

§ 21. The law shall come into force on June 1, 1996.

The law was adopted by the 37th National Assembly on May 9, 1996 and was affixed with the state seal.

Transitional and concluding provisions

(SG 96/99)

§ 42. The built and not built plots and real estates - private state property allocated for housing construction and for public and urban development activities of the municipalities, according to the provisions of the detailed urban plans acting by the date of enactment of this law, shall be passed on to the ownership of the municipalities.

§ 43. (1) The unfinished proceedings for renting and for administering real estates - state property, passing by virtue of this law into the ownership of the municipalities, shall be concluded by the municipalities at the location of the real estates.

(2) The opened files under para 1 shall be sent to the respective municipal administrations.

§ 44. In Art. 11 of the Law for the inheritance (prom., SG No 22 of 1949; corr., No 41 of 1949; amend., No 275 of 1950, No 41 of 1985, No 60 of 1992; No 21 of 1996 - Decision No 4 of the Constitutional Court of 1996; amend., No 104 of 1996, No 117 of 1997) after the words "the state" a comma is added followed by "with exception of the chattel, the flats the studios and the garages, as well as the plots and the real estates designated primarily for housing construction, which become property of the municipality on whose territory they are located".

§ 45. The following amendments are introduced to Art. 5 of the Law for restoration of the ownership of some expropriated real estates according to the Law for territorial and urban development, the Law for the planned construction of the populated areas, the Law for urban development of the populated areas, the Law for the state real estates and the Law for the ownership (prom., SG No 15 of 1992; suppl., No 107 of 1997):

1. In para 1 the word "state" is replaced by "municipal".

2. In para 2 the words "Art. 16 of the Law for the ownership" are replaced by "Art. 65 of the Law for the municipal property".

3. In para 3 the word "state" is replaced by "municipal" and the words "municipal councils" are replaced by "the municipalities".

§ 46. (1) The sites - public municipal property cannot be a part of the property of sole owner trade companies with municipal property.

(2) The municipal councils shall undertake the necessary activities for reduction of their capital by the value of the sites under para 1 by the order of the Commercial Law.

(3) The municipal councils can grant without a tender or a competition concessions to companies for the sites under para 1 within three months from the enactment of the law.

(4) In carrying out privatisation assessment in the cases under para 3 and Art. 71, para 3 taken into consideration shall be the granted concession rights and the due concession remuneration. The privatisation contract shall be concluded upon the concession contract.

(5) (revoked - SG 36/06, in force from 01.07.2006).

§ 47. In § 5a of the additional provisions of the Law for transformation of state and municipal enterprises (prom., SG, No 38 of 1992; amend. and suppl., No 51 of 1994, No 45, 57 and 109 of 1995, No 42, 45, 68 and 85 of 1996; corr., No 86 of 1996; amend., No 55, 61, 89, 98 and 122 of 1997, No 39 of 1998; corr., No 41 of 1998; amend., No 70 of 1998, No 12 of 1999; No 47 of 1999 - Decision No 8 of the Constitutional Court of 1999; amend., No 56 and 84 of 1999) para 6 is created:

"(6) The provisions of the preceding paras shall also apply in the privatisation of trade companies with municipal property which use sites and/or carry out activities subject to concession according to the provisions of Chapter Eight of the Law for the municipal property."

§ 48. The municipal enterprises and companies carrying out activities other than the one under Art. 53 shall be transformed into sole owner trade companies with municipal property by May 31, 2000.

§ 49. The contracts concluded by the regional governors for sites according to Art. 2, para 1, item 6 shall retain their validity.

The law was adopted by the 38th National Assembly on October 21, 1999 and was affixed with the official seal of the National Assembly.

Transitional and concluding provisions

(SG 101/04)

§ 74. (1) The started procedures for alienation of properties – private property, shall be finished by the order of this law except in the cases of court procedure for admitting the alienation.

(2) The formation f court procedures for admitting the alienation shall be finished observing the terms of art. 27.

§ 75. All acts for municipal property, compiled by the order of the law, regardless of the date of their compiling, shall be entered upon ruling by the judge for entering.

§ 76. (1) In three months term after this law enters into force the Minister of Regional Development and Public Works shall issue ordinance, in which shall be approved the models of the acts for municipal property and the registers, and determine the order for keeping and preserving them.

(2) The mayors of municipalities shall organize the compiling of the registers under this law in three months term after the ordinance of para 1 enters into force.

§ 77. (1) The registers under this law shall be public. The interested persons shall have right by order, determined by the mayor of the municipality, to free access to the data in them unless the data are not classified information in the sense of the Law of protection of the classified information.

(2) Till the compiling of the registers the information of art. 75a about the concession contracts, concluded before this law enters into force, can be freely received by each individual or corporate body on the basis of written request to the mayor of the municipality.

§ 78. (1) In three months term after this law enters into force the municipal councils shall adopt the amendments and the supplements of the ordinances for the implementation of the law.

(2) The contracts for rent, concluded for term shorter than 10 years and which term has not expired, upon request by the tenant can be extended for term of 10 years with a decision of the municipal council.

Transitional and concluding provisions

TO THE ADMINISTRATIVE PROCEDURE CODE

(PROM. – SG. 30/06, IN FORCE FROM 12.07.2006)

 

§ 89. The following amendments shall be done to the Law of encouragement of employment (prom. - SG. 44/96; amend. - SG 104/96, 55/97; 22 and 93/98; 23, 56, 64, 67, 69 and 96/99; 26/00; 34/01; 120/02; 101/04):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. The words "Law of the administrative procedure" shall be replaced by "Administrative procedure code".

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

§ 142. The code shall enter into force three months after its promulgation in State Gazette, with the exception of:

1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the replacement of the word "the regional" with the "administrative" and the replacement of the word "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force from the 1st of May 2007;

2. paragraph 120, which shall enter into force from the 1st of January 2007;

3. paragraph 3, which shall enter into forcefrom the day of the promulgation of the code in State Gazette.

Transitional and concluding provisions

TO THE LAW FOR THE CONCESSIONS

(PROM. - SG 36/06, in force from 01.07.2006)

 

§ 23. The law shall enter into force from the 1st of July 2006, except for art. 42, para 3 and art. 58, para 4, which shall enter into force from the date of accession of the Republic of Bulgaria to the European Union.




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