Right of ownership

Right of ownership

Property Law

The Property Law regulates the ownership, other property rights and their acquisition, loss and protection, as well as possession and registration.

Property of physical and legal persons can be all belongings except those, which are exclusive state property under the Constitution of the Republic of Bulgaria or are public state or municipal property by law.

Citizens and legal persons of Member States of the European Union or of states that are parties to the Agreement on the European Economic Area may acquire ownership of a land observing the legal requirements, in accordance with the terms of the Treaty of Accession of the Republic Bulgaria to the European Union. Persons who are not residents of the Republic of Bulgaria may acquire land for a second home after the expiry of the period specified under the terms of the Treaty of Accession of the Republic of Bulgaria to the EU.

Foreigners or foreign legal persons may acquire ownership of a land under the terms of an international treaty ratified by the order of Art. 22, Par. 2 of the Constitution of the Republic of Bulgaria, promulgated and enforced, and foreigners – also by legal inheritance. 

Foreigners and foreign legal persons may acquire ownership of buildings and limited property rights on real estates in the country, unless the law otherwise stated.  

A foreign country or an intergovernmental organization may acquire ownership of a land, buildings and limited property rights on real estates in the country based on an international treaty, a law or an act of the Council of Ministers. A foreign country cannot acquire ownership of real estates in the country by heritage.

Law on Ownership and Use of Agricultural Land

Under the Law on Ownership and Use of Agricultural Land lands are those intended for agricultural production and:

  • not located within urbanized areas (settlements and village areas) determined by a detailed plan or a surrounding polygon;
  • not included in the forest fund;
  • not occupied by buildings of: industrial or other business enterprises, recreation or health institutions, religious communities or other community organizations, nor represent yards or warehouses to such buildings;
  • not occupied by open mines and quarries, by energy, irrigation, transportation or other facilities for common use, nor represent adjacent parts to such facilities.

Agricultural lands can be owned by citizens, by the state, by municipalities and legal persons. Foreign countries may not own agricultural lands.

Citizens and legal persons of Member States of the European Union and the states that are parties to the Agreement on the European Economic Area may acquire ownership of agricultural lands under this Law after the expiry of the period specified in the Treaty of Accession of the Republic Bulgaria to the European Union.

Citizens of Member States of the European Union that are self-employed farmers who want to establish themselves permanently in Bulgaria and are registered as such under the provisions of the BULSTAT Law can acquire ownership of agricultural and forest property for agricultural use from the date of entry into force of the Treaty of Accession of Bulgaria to the European Union.

Foreigners or foreign persons may acquire ownership of lands under the terms of an international treaty ratified by the order of Art. 22, Par. 2 of the Constitution of the Republic of Bulgaria, promulgated and enforced, and foreigners – also by legal inheritance.

Foreign legal persons and foreign citizens may acquire the right to use farmland or other limited property rights over land under the terms and conditions established by the law.

Foreigners who acquire ownership of agricultural land by inheritance, but do not meet the conditions laid down in the Treaty of Accession of Bulgaria to the European Union, or otherwise provided for in international treaties ratified in accordance with Art. 22, Par. 2 of the Constitution of the Republic of Bulgaria, shall within three years of the opening of the inheritance transfer the ownership to persons who have the right to acquire such property.

 

Employment

Employment of Bulgarian citizens abroad

Bulgarian citizens may work in another country in accordance with its national legislation and/or the terms and conditions stipulated by an international treaty for the exchange of labour, in which Bulgaria is a party, if:

1. they contract with an employer in the country through an intermediary;

2. they are commissioned there by their employer.

Employers and intermediaries cannot negotiate working conditions and remunerations for Bulgarian citizens below the minimum for the host country, regulated by its national laws.

Relations between Bulgarian citizens and physical or legal persons that mediate employment in another state shall be settled by a mediation contract.

Employment of EU citizens in the Republic of Bulgaria

A foreigner can be employed or commissioned to the provision of services in the Republic of Bulgaria after obtaining a work permit in accordance with the requirements laid down by an act of the Council of Ministers or in an international treaty to which the Republic of Bulgaria is a party.

  • Permit  shall be issued by the Employment Agency at the request of the local employer or the resident employing a commissioned foreigner.
  •  A work permit is not required for persons under Art. 18, Par. 3, and for seafarers mentioned in Art. 88 of the Merchant Shipping Code.
  • Arrangements for the commissioning of employees from Member States of the European Union, countries that are parties to the Agreement on the European Economic Area, and Switzerland, as well as the admission of commissioned workers from third countries in the Republic of Bulgaria for the granting of services shall be established by an ordinance of the Council of Ministers.

From the date of accession of the Republic of Bulgaria to the European Union, citizens of Member States of the European Union may exercise their right of free movement to work in Bulgaria without having to get a work permit.

EU citizens who are sent on mission in Bulgaria are subject to single registration at the Employment Agency, which is performed by the resident who receives the commissioned personnel.

Employment of foreigners in Bulgaria

Employment of foreign citizens in the Republic of Bulgaria is legislated in the Law on Employment Promotion and the Ordinance on the Terms and Conditions for the Issuance, Denial and Revocation of Work Permits of Foreigners in the Republic of Bulgaria.

A foreigner can work employed or commissioned for the provision of services in the Republic of Bulgaria after obtaining a work permit in accordance with the requirements laid down in the Ordinance on the Terms and Conditions for the Issuance, Denial and Revocation of Work Permits of Foreigners in the Republic of Bulgaria or in an international treaty to which the Republic of Bulgaria is a party.

The work permit is issued by the Employment Agency at the request of a local employer or the resident hiring a commissioned foreigner.

Work permits are issued for a maximum period of 1 year. The period under Par. 1 may be extended if the conditions for the initial issue have not changed.

For the issuance and extension of work permits for foreigners, the domestic employer shall pay a fee of BGN 600. The same amount is payable by a local person hiring a commissioned foreigner.

The fee for seasonal work up to 6 months in a calendar year and work as a teacher in a secondary or higher school is BGN 300.

The fee for the renewal of a work permit due to the loss, damage or destruction of the documents is BGN 200.

Upon employment or receiving of a foreigner, the employer requires him to present a valid residence document and stores a notarized copy of it during the term of employment or acceptance. The employer is not liable if the document turns out to be invalid.

The employer shall notify the Employment Agency of the date of actual commencement of work of the foreigner within 7 days.

Labour and social security relations of foreigners employed in the Republic of Bulgaria by local employers are governed by the terms of the Bulgarian labour and social security legislation.

Bulgarian employers must provide the signed contracts with foreigners and European citizens at the National Revenue Agency within 3 days of signing.

Work permits are not required for foreigners who:

  • are granted long-term or permanent residence in Bulgaria or have equal rights by granting them the right to asylum, a refugee status or a humanitarian status;
  • are employed or sent to work under an international agreement, party to which is the Republic of Bulgaria, where relief from the obligation to hold a work permit is provided for in the contract;
  • are sent to the country under inter-governmental agreements and programs providing legal, financial, expert, humanitarian and other assistance to Bulgarian institutions, with which they have no employment relations;
  • are managers of companies or a branch of a foreign legal person;
  • are members of management boards and boards of directors of companies as much as they do not work under employment;
  • are representatives of foreign companies registered with the Bulgarian Chamber of Commerce;
  • are accredited as members of foreign diplomatic, consular and trade representations as well as representations of international organizations in the Republic of Bulgaria;
  • are officially accredited at the Ministry of Foreign Affairs of the Republic of Bulgaria as correspondents of foreign mass media;
  • are participating in scientific, cultural or sporting events of public importance, if their activity in Bulgaria is not exceeding 3 months, while maintaining their permanent residence abroad;
  • are applying for a refugee status, for the right of asylum or a humanitarian status - for work in the centers established by the State Agency for Refugees at the Council of Ministers;
  • are family members of EU citizens, of citizens of a country that is party to the Agreement on the European Economic Area or the Swiss Confederation, who have the right to freedom of movement by virtue of international agreements concluded by the European Union; until obtaining a permanent residence permit, employment in the Republic of Bulgaria shall be declared in accordance with Par. 6;
  • are adopted as researchers for the purpose of carrying out a research project under a hosting agreement with a research organization within the meaning of Art. 2, letter "c" of Council Directive 2005/71/EC of 12 October 2005 regarding a specific procedure for admittance of third-country citizens for the purposes of a scientific research - for the duration of the project;
  • are family members of Bulgarian citizens who are nationals of third countries; until obtaining a permanent residence permit, employment in the Republic of Bulgaria shall be declared in accordance with Par. 6;
  • are family members of a foreigner who has been granted a long-term residence in the Republic of Bulgaria, and their employment is declared in accordance with Par. 6.

A short-term employment under the conditions laid down in the Ordinance on the Terms and Conditions for the Issuance, Denial and Revocation of Work Permits of Foreigners in the Republic of Bulgaria, after registration at the Employment Agency, can be performed without a work permit.

EU Blue Card

When hiring foreigners for the purposes of highly qualified employment, a unified permit for work and residence of type "EU Blue Card" is issued under the provisions of the Law on Foreigners in the Republic of Bulgaria and its Implementing Rules.

An important prerequisite for a foreigner to obtain a work permit and residence type "EU Blue Card" is that they must have a university degree in education, obtained on the basis of at least three years of study.

In order to apply for an EU Blue Card, the foreigner must first obtain authorization to practice a highly qualified employment by the Employment Agency and a long-stay visa by the Migration Directorate at the Ministry of Interior. The foreigner must attach to the application (I) a copy of a valid passport, including the visa for long-term residence issued, and (II) documents proving that they are insured in accordance with the Bulgarian legislation.

EU Blue Cards are issued for a period of one year and may be renewed for additional periods of one year without restriction, while the reasons for their issue are still present.

Contact:

Employment Agency:

1000 Sofia, 3 Dondukov Blvd.

Phone: 980 87 19

Fax: 986 78 02

Е-mail: az@az.government.bg

Web: http://www.az.government.bg/