The development of any cadastral map ends with the issue and promulgation in the State Gazette of the Order of the Executive Director of the Agency for Geodesy Cartography and Cadastre for its approval.

From this point on, the cadastral map begins its life in the service of the people. As people are born, gather, divide and die, the properties reflected in the cadastral map are divided into parts, merged, changed ownership, and so on. The coverage of all these changes in the cadastral map bears the common name„Keep the cadastral map up to date.“ The technical activities carried out for this purpose and are regulated by the Cadastre and Property Register Act (LPAC) (http://www.lex.bg/laws/ldoc/2134918656) and in Decree RD-02-20-5 of 15 December 2016 „For the content, creation and maintenance of the cadastral map and cadastral registers“ (http://www.lex.bg/bg/mobile/ldoc/2136991982)

Before clarifying the nature and the particularities of the process of maintenance of the cadastral map in actual condition, it should be noted that according to the texts of Art. 51 of the CPRA variation in the content of the cadastral map can be made as owner's application soand at the request of another person, where this is provided for by law or on the basis of official information received from a department or municipality. When the alteration of the cadastral map concerns the elimination of incompleteness and errors or an obvious factual error and affects more than 50 properties, the request may also be made by the mayor of the municipality.

Except for cases of alteration of the cadastral map resulting from errors and incomplete corrections or elaborated detailed development plans, the most frequent cases for carrying out the procedure for maintaining the cadastral map are the following:

Първо -  when a property is divided into two or more parts;

Второ -  when two or more properties merge and a common property is formed;

Трето – when changing the common boundary between two adjacent properties.

For the implementation of any of these three procedures, the person concerned should file an application with the Geodesy and Cartography Department, accompanied by a draft amendment to the cadastral map made by a person qualified to carry out cadastre activities.

DELIVERY PROJECT (DELBA) OF LAND PROPERTY

Partitioning (partitioning) of landed property means: From the property, which is in the cadastral, ie. for which a sketch can be issued to form two or more new real estate ie. each new share has its own unique number – etc. identifier.

Before you contact usor any geodetic company– qualified to carry out the cadastre activities, you need to make sure that the property you want to divide is DELIM, i. it may form new titles (pieces). This is very important because minimum tolerances of the shares obtained in the division of a land plot depend on the way of its sustainable use and the area of ​​development in which it falls and complies with the following requirements:.

For land plots falling in urban areas territories (settlements, settlements, villa areas, etc.), the requirements of Art. 19 of the Spatial Development Act(ZUT - http://www.lex.bg/laws/ldoc/2135163904), and when the division provides for minimum size, access and distances from the existing constructions, the project for partition should be submitted by the Municipality of the location of the property for elaboration of a detailed development plan - Detailed development plan or Detailed development plan, supplemented with a sketch proposal for its amended .

For land plots falling into agricultural land for the minimum unit sizes, the requirements of Art. 72 of the Inheritance Act(http://www.lex.bg/laws/ldoc/2121542657) , namely: 

• when splitting the new titles (pieces) can not be less than 3 acres;
• when splitting the meadows the new shares (pieces) can not be  less than 2 acres;
• when splitting vineyards and orchards may not be new pieces (pieces)  less than 1 acre;

For land plots falling into forests and lands of the forest fund –the dimensions of the newly formed units may not be less than these § 3, para. 1 of the Transitional and Final Provisions of the Law for Restoration of the Ownership of Forests and Lands of the Forestry Fund (ZZGGGGF  http://www.lex.bg/laws/ldoc/2134171136) ,namely: the actual pieces (pieces) of forest can not be less than 1 acre.

Only when it is possible to fulfill the above-mentioned conditions can the elaboration of the division project

Когато the property is owned by ONLY owner, then the division process is easiest and shorter. In this case, the construction project for partitioning of the property is placed in the cadastral map without issuing an order of the Head of the cadastre service for its amendment (Article 53a of CPRA).

When the property is owned by SERIOUS owner, then to the splitting project applies a notarized declaration expressing their explicit agreement to the requested amendment or in the absence of such a declaration the application for the division of the property upon the implementation of which will occur changes in the cadastral map should be filed by all co-owners.For the amendment (division) of the property, an order is issued, which is announced to all co-owners in their capacity as interested parties. In this case as the owners of each new oneas a result of the division real estate are recorded all  co-owners included in the property act, certifying the right of ownership of the property prior to the division. (Article 60 of Decree RD-02-20-5 - http://www.lex.bg/bg/mobile/ldoc/2136991982). Then

SPECIFIC CASE FOR SEPARATING THE LAND PROPERTY is the one in which a part of a property will be joined to a neighboring adjacent property.

This partition is applicable to cases where the co -  the two neighboring properties are willing to change the common boundary between the two properties – (Article 64 (1) of Ordinance RD-02-20-5 - http://www.lex.bg/bg/mobile/ldoc/2136991982).

The particular in this case is imposed by the fact, that in order to change the boundary between neighboring properties the owners have to make the respective notarially formed transaction (purchase or sale) of the real part (parts), which are taken away from one of them, respectively, attached to the other property. For the notarial execution of the transaction (tax assessment, description of the subject of the transaction, etc.) it is necessary to have real sketches issued by the Cadastre Office, in which the transferable parts are described as real estate with their numbers (identifiers). At the same time, usually the areas of these truly transferable parts & amp; nbsp; are much smaller than those allowed for a partition of the property, which is an obstacle to the application of the ordinary (normal) procedure for the division of the landed property and the issuance of the relevant notarial sketches.

For this reason, the partition in order to change the common border between neighboring properties flows in the following sequence:

1. Determination of the area and location of transferable parts of one and the other neighboring property. For this purpose, the owners of the terrain mean the place where they want to be the new border, representatives & amp; ndash; engineers surveyors from „PRECISION ENGINEERING“ EOOD capture the new location and, on the basis of the data received, the cadastre data identifies the areas of the portable parts;
2. On the basis of the specified areas a preliminary contract is drawn up between the owners of the two neighboring properties for the purchase of ideal parts, contract under Art. 15 para. 3 of the Spatial Development Act – ЗУТ - http://www.lex.bg/laws/ldoc/2135163904. The contract is made either in a company „PRECISION ENGINEERING“ EOOD or by a lawyer, but must be certified by a notary;
3. On the basis of the geodetic survey, the data from the cadastre and the notarized preliminary contract for the purchase of the ideal parts in a company „PRECISION ENGINEERING“ EOOD are made projects to separate properties through, which are differentiated as separate (new properties & amp;nbsp; with their numbers – identifiers) boundaries and areas of attributable parts;
4. The made project for division is submitted to the Office of Cadastre and on the basis of it it issues the so-called sketches-projects of the properties that will be the subject of the transfer transaction;
5. After the real deal in front of the Notary and obtaining the final contracts for the purchase and sale the same are presented at the Office of Geodesy Cartography and Cadastre;
6. Following the submission of final contracts on the grounds of Art. 64 para. 5 of Ordinance № РД-02-20-5 -http://www.lex.bg/bg/mobile/ldoc/2136991982 The Office of Cadastre is obliged to carry out the merger of the properties, which are already owned by the same person, and to record for the newly formed property the notarial deed before the division (merger) and the property act subject to the transfer transaction.

Thus, the process of changing the boundaries between two neighboring properties by mutual agreement ENDED

CONNECTION PROJECT  OF LAND PROPERTY

Joining or so on. merging two different properties into one is relatively simple in terms of the requirements and limitations of the division of the property. The main limit in this case is that can not be united in one property that is not adjacent and which has a different durable purpose on the territory.

Permanent land use: х characteristics that determine the permanent status of the property determined according to the requirements of a particular law. There are the following types of territory for sustainable use:

1          Urban area

2          Territory of transport

3          Agricultural territory

4          Forest territory

5          Territory occupied by waters and water bodies

6          Protected territory

7          Broken Territory

When merging land plots there are no restrictions on the size of the individual or the newly formed property as well as the ownership– to one or different owners.

For merging two or more adjacent properties from „PRECISION ENGINEERING“ EOOD a project for alteration of the cadastral map is made, in which the boundaries of the new property and its area are displayed in graphical and digital form. As the co-owners of the newly formed property, the owners of the properties have been registered for consolidation with the respective common parts.