Bulgaria: Considerations for buying property

Essential notes for purchasing a property in Bulgaria

1) Please ensure that you have full title to the property on completion and that the appropriate documents are available for the lender. Finance will be granted only for completed apartments where the State Acceptance Commission has issued a valid “Use Permission Certificate”.

2) In Bulgaria, although a foreign legal entity (Ltd, joint stock company etc) is entitled to own titles of land, a foreign person is not. However, a foreign person may have full rights on an edifice, as he/she may own title of an edifice without owning the underlying land.

3) It is essential that you take the appropriate legal advice before signing a preliminary purchase agreement or paying a deposit, as if purchasing in your own country.

You must have your own Independent Solicitor representing you throughout the purchase. This solicitor must meet the lenders requirements in respect to representation as “Agent for service of process”.

4) If applying for a loan to a Bulgarian Company of which you are the beneficial owner, you will be required to guarantee the loan. The Lender will expect you to receive independent legal advice from a solicitor in the UK concerning guarantee and indemnity and confirmation from the solicitors that they have indeed advised you independently (both documents incorporated within the Guarantee).

5) Please be aware that the Lawyer/Notary may be incorporating, within his charges, costs for assigning the mortgage and you should establish with the Lawyer/Notary the actual cost before proceeding with the loan application.

6) The completion of a Bulgarian mortgage takes place in front of an appointed Bulgarian Notary and all representatives of the parties to the mortgage need to be present. A power of attorney will need to be presented to the lender in good time before completion – you must arrange this with your own independent solicitor.

7) Please bear in mind that if you are intending to be present at the completion to sign all the relevant documents and you do not understand the Bulgarian language, a translator will be required to respond to the Notary. The translator will also be required to sign the notary deed.

8) Please note, that the lenders will not advance funds to purchase or renovate properties that are currently uninhabitable.

9) It is advisable to arrange your mortgage finance before agreeing to purchase a property.

10) Properties can be purchased either individually, in joint names or in the name of a company.

11) All loans will be in EUROS.

© Conti Financial Services Limited 2006

This article is reproduced with the kind permission of Conti Financial Services Limited.

For information and advice on overseas mortgages and residential finance in over 30 countries, contact Conti Financial Services Ltd on +44 (0) 1273 772 811 www.mortgagesoverseas.com