Numerous violations identified in construction projects at Bulgaria's Black Sea coast

Inspections by the Supreme Administrative Prosecutor's Office have found numerous violations in the construction and operation of sites on the Black Sea coast.

An inspection in Rosenets Park found a coastal beach that does not have the status of a sea beach. There is no free access to it. It is limited by a construction fence made of metal sheets. It has been established that there is no state property deed drawn up.

Regarding the constructed marina for yachts, currently there is no approved investment project and issued construction permit for a specialized port site - marina for yachts and boats - in the Ministry of Regional Development and Public Works. A statement of findings was drawn up during the inspection in the municipality of Bourgas. Representatives of the regional directorate for construction control in Bourgas identified that no construction documents and no requests for issuance of a building permit for a bridge - quay wall - are stored.

A report by Minister Rossen Zhelyazkov established that a port was not entered in the register, an element of which infrastructure should be the hydraulic facility subject to the inspection. The facility in question is not entered in the register by the Law on Maritime Areas, Inland Waterways and Ports of the Republic of Bulgaria and as a specialized port site. From the results of the inspections it is clear that for a specialized port site "Port for yachts and boats - Otmanli" a certificate of operational suitability has not been issued.

The on-site inspection, as well as cadastral plans of the property, established that the extension of the port was not carried out in the 80s of the past century, as indicated in the notary deed. For the established data for a committed document crime the materials are sent to the Supreme Prosecutor’s Office.

During the inspection of the constructions and sites on Cape "Chukalyata" in Rosenets Park it was established that for the constructions "Two-storey massive building", "One-storey building - bungalow" - №1, "One-storey building - bungalow" - №2, " One-storey building - bungalow "- №3," Three-storey solid building "," Greenhouse - 500m2 "," Two-storey building " no construction documents were presented on the spot and during the inspection in the municipality of Bourgas no approved investment projects were found and a permit was issued. For "Movable object - security" no permit has been issued for placement by the Municipality of Bourgas. All the described findings are objectified in ascertainment protocols from 06.08.2020, drawn up by inspectors of the regional directorate for control of construction in Bourgas.

In a letter to the head of the regional directorate for construction control, the mayor of Bourgas was informed that he should order further action for the lawful completion of the case.

During the inspections of the "Residential Building" site in the Budjaka area, the land of the town of Sozopol, owned by an individual, omissions and violations were established with regard to the issued construction documents and the completed construction.

It was found that the building is completely finished and at the time of the inspection was in use. An outdoor pool is built in the southern part of the property. The property is fenced from the east, north and partly from the west with a dense massive fence with a height of about 2.00 m. It has not been established whether the photovoltaic plant is implemented.

Specifically, the required protocols for determining the line and level of the fence and swimming pool located on the site are not available, as the latter does not appear in the issued certificate of the chief architect of Sozopol municipality and has not been put into operation; in violation of the current Detailed Development Plan (DDP) a permit was issued for construction of a single-family residential building in a property designated for villa construction, and the same construction is situated in two properties and concerns one building that is functionally connected, not two separate buildings located in two properties, which contradicts the current detailed urban plan at the time of issuing a building permit.

In view of this, a statement of findings was drawn up by employees of the regional directorate for construction control in Bourgas and the mayor of Sozopol municipality was contacted to take lawful action under the Spatial Planning Act.

The data from the inspection in the town of Obzor show that at the site “Residential building for resort use in the town” it is clear that the file for issuing a building permit does not contain data for inspection of the technical passports of the existing reinforced concrete piles to strengthen the slope . There are no presented acts and protocols, drawn up during construction, certifying the performed construction and installation works and the legality of the reinforced concrete piles.

The new street envisaged and approved by order of the mayor of Nessebar municipality, giving access to all regulated land properties with a planned roundabout, has not been implemented. It was established that no building permit had been issued for the above-mentioned street.

During the inspection it became clear that the required plans for vertical planning, plan-scheme for communication and transport network, plans for engineering infrastructure, etc., which are approved simultaneously with the plan, according to the regulations, have not been developed.

No data was provided on expropriation procedures for the street and subsequent activities.

During the on-site inspection it was established that some of the completed piles in Regulated Land V, quarter 1 according to the plan of Obzor - South Beach, are inconsistent with the approved project under part "Strengthening the slope above the buildings for the complex".

A sufficient number of parking spaces has not been provided in accordance with the requirements of the ordinance for planning and design of the communication and transport system in urban areas. The planned maximum allowable cornice elevation of 10 m provided for in the Detailed Urban Plan has not been observed.

Given the category of sites and constructions, the mayor of Nessebar should take legal action on the grounds of Article 224a of the Spatial Development Act and notify the Supreme Administrative Prosecutor’s office, the state directorate for construction control and the regional directorate for construction control in Bourgas about the initiated administrative proceedings.

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