The Cabinet of Ministers initiated key changes in the Spatial Planning Act
3 weeks before the elections, the caretaker government engaged in legislative activity uncharacteristic of its mandate. This week, the regional ministry published changes to the Spatial Planning Act for public consultation. The deadline for public consultation is October 12, so whether they make it to the next parliament will likely depend on the will of the next government.
One change was already announced by the acting Minister of Regional Development, Ivan Shishkov. It envisages that constructions of the technical infrastructure such as bridges, tunnels, overpasses, underpasses, overpasses, which were built or repaired without the mandatory construction documents, will be declared tolerable. Now there is no legal possibility for them to be legalized, and their removal is inexpedient, Minister Shishkov points out in the report on the changes. At the beginning of the week, he explained that it was about the illegal constructions allowed on the “Hemus” highway through in-house orders at the time of GERB.
Another change foresees a 5-year term for the expropriation of properties intended for landscaped areas. In the old texts of the law, this term was 15 years, but 2 years ago the Constitutional Court canceled it as unfair. However, there is a gap in the law on the matter, which will now be removed, the acting minister reasoned. The 5-year term applies to all other properties, and according to Shishkov, “the type of public necessity should not affect the degree of interference with the right to private property.”
The initial term for the initiation of expropriation proceedings should undoubtedly be taken as the moment of
entry into force of the relevant detailed development plan, it is also written in the report to the bill. With the expiration of the legal term, the owners of the affected properties should acquire full rights to amend the plan.
The tragedy of the 16-year-old boy, who died after being electrocuted by an unsecured shaft in the middle of Sofia, is the reason for another amendment to the ZUT. In future, temporary connections to the networks and facilities of the technical infrastructure of movable objects and advertising elements will have to have a building permit. This will guarantee to a greater extent the increase in control over the issued construction documents, according to the authors of the bill.
The latest change affects settlements without sewerage. Now in them, low-rise properties are not required to have a wastewater treatment facility – they can also have watertight cesspools. In the future, only residential buildings with up to three homes and villas will be able to have a watertight cesspool, and the larger ones – which are still rare in the villages – will have to have a purification facility.