General development plans may be challenged from now on

The Constitutional Court has ruled a judgement on constitutional case № 2/2020 whereby some of the provisions of the Spatial Development Act (SDA) have been pronounced unconstitutional, namely Art. 208, Para. 1 of the SDA in the following part “and for real estates, designated for landscaped areas under Art. 61, para. 4 – for a period of fifteen years after the enforcement of the plans” as well as Art. 215, para. 6 of the SDA.

According to Art. 208, Para 1 of SDA, the deadline for starting alienation procedures of real estates under the State Property Act and the Municipal Property Act, defined in the detailed development plans for construction of sites that are public property of either the state or a municipality, is five or ten years as from the entry into force of the plans or general development plans, respectively, for the construction of elements of the technical infrastructure under Art. 64 that are public property owned by either the state or municipalities. As for properties, designated for landscaped areas under Art. 61, para. 4 the deadline is fifteen years following the entry into force of the plans. After the expiry of these periods, the real estate owners have the rights under Art. 134, para 2, item 1.

As per Art. 215, para. 6, the general development plans and the amendments thereto cannot be challenged.

The above two provisions were challenged by Sofia Bar Association before the Constitutional court with the argument that they restrict citizens’ rights and put the owners of real estates designated for landscaped areas in an unequal position.

The Court has pronounced the challenged provisions unconstitutional with 11 votes in support of the ruling.

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