Government Opts For Balanced Approach to Restrict Access to Property Records

The Council of Ministers on November 26 adopted a decree amending the Property Registry Rules, introducing restrictions on the issuance of uncertified copies and extract-copies of deeds registered in the Property Register. At the same time, the reform seeks to balance the public’s right to access information about real estate, where a legal interest exists, with the protection of property rights for individuals and legal entities—a model also applied in France, Italy, and Spain.

The aim is to reduce property fraud, enhance citizens’ sense of security and trust in public institutions, and ensure the integrity of the registration system while safeguarding ownership as a constitutionally established principle in Bulgaria.

Under the new rules, all types of copies from the Property Register maintained by the Registry Agency will be issued to the parties concerned, their direct and indirect successors and assignors, and their legally authorised representatives; to notaries and their staff; to lawyers, trainee lawyers, and legal assistants registered with the relevant bar association; to private bailiffs and their staff; to courts, prosecutors, and investigative authorities; and to other bodies or individuals as provided by law or the rules.

For all other persons, the issuance of uncertified copies and extract-copies of registered deeds will be conditional on proving a legal interest. Based on the circumstances and documents provided by the applicant, the registrar will assess whether such an interest exists in each individual case. The rules include examples of the most common situations in which a legal interest is recognised, including: negotiating the purchase of real estate—supported by a preliminary contract with the seller, correspondence, or other evidence; providing intermediary services for property acquisition—based on a contract with the service client or other documentation; or leasing or renting a property for more than one year—supported by a contract, correspondence, or other evidence.

An additional safeguard has also been introduced to protect ownership rights. All holders of real property rights will be able to use a specialised service from the Registry Agency for automated access to information (electronic notification) regarding queries made, and copies or extract-copies issued, for registered deeds, annotations, or deletions associated with their property. In practice, this allows each property rights holder to receive real-time information on whether a query has been made or a copy or extract has been provided for a deed relating to their property.