A real deadlock situation has arisen for a construction entrepreneur from Gabrovo. In 2022, he entered the eleventh year of waiting for the local administration to fulfill its legal obligations and issue a construction permit for a project that it itself approved and coordinated back in 2009.
Despite the fact that, according to the law, the construction permit is an integral part of the project (i.e., the approval of the project carries with it a construction permit), the chief architect of Gabrovo clearly has a different interpretation of the law.
Six single-family residential buildings in rough construction level have been stuck in Gabrovo for eleven years, unable to be completed, legalized, and sold.
According to the Gabrovo Municipality, the houses are illegal and are subject to forced demolition. However, the Supreme Administrative Court has ruled that the buildings are not illegal and there is no reason for them to be destroyed, noting that the chief architect of Gabrovo, who refuses to issue a construction permit for them, has demonstrated inaction. This is a ruling from the Supreme Administrative Court dating back to 2011, but since then, nothing has changed, except that the decision has long since entered into force. According to the investor, the inaction of the Gabrovo Municipality has cost him 1 million BGN.
In 2004, Valentin Tsenkov, owner of “Bauimpex” Ltd., purchased a plot at an auction from the regional administration of Gabrovo with the intention of building eighteen single-family houses, the entrepreneur recounts to “Za istinata” (“For the Truth.”)
Convinced that there were no reasons to deny him a construction permit, Valentin Tsenkov commenced the construction of the six planned single-family residential buildings, and a year later, they were at the rough construction stage. At that time, he received an order from the Regional Directorate for National Construction Control (RDNSC) for their demolition as illegal. He appealed the order in court. The Gabrovo Administrative Court rejected his appeal at first instance, but this decision was overturned by the Supreme Administrative Court (SAC) with a ruling that entered into force in June 2011. This decision dismissed the claim that the structures were illegal, citing the ZUT, according to which the construction permit is an integral part of the investment project. As it became clear,
the project was coordinated and approved
by the Gabrovo Municipality. According to the SAC, “the absence of a construction permit is determined by the inaction of the administrative body competent to issue it, in the person of the chief architect of the municipality, and this inaction cannot be the basis for qualifying the construction as illegal, which would trigger the legal consequence of demolition.”
Why Valentin Tsenkov Is Still Waiting for a Building Permit Despite No Legal Obstacles
When asked why Valentin Tsenkov has not been granted a building permit, despite no apparent legal reason to deny it, For the Truth reached out to both the entrepreneur and Gabrovo Municipality.
According to the Investor
The stumbling block turned out to be a demand from the chief architect of Gabrovo Municipality for written and notarized consent from two co-owners of the land. These co-owners had purchased their shares along with two of the first six houses and a portion of the adjacent land. The chief architect cited a provision of the Spatial Development Act (SDA) requiring such consent.
However, that specific legal text was repealed in 2009. The current version of Article 184, paragraph 4 of the SDA explicitly states:
“For issuing a permit for new construction, or for additions or modifications to a co-owned property intended for low-rise residential or villa development, consent from other co-owners is not required if they have already built, begun construction, or hold rights for such construction on the property.”
Despite the law clearly negating the need for co-owner consent, Gabrovo Municipality continues to insist on obtaining it. Since the consent cannot be provided because it is not legally required, the municipality refuses to issue a building permit.
A Decade of Stalemate
This marks the 11th year that Valentin Tsenkov has been waiting for his permit. He is unable to complete or legalize the six houses he has already started, nor is there any legal basis for him to demolish them.
Notably, the court has dismissed claims demanding their demolition.
The case underscores a troubling disconnect between legal clarity and administrative practice, leaving the investor in a state of perpetual limbo.
On December 6 of last year, the media outlet “Za Istitata” sent inquiries to the Gabrovo Municipality. For convenience, the questions were addressed to the municipal press center and the chief architect of Gabrovo. The following day, representatives from the municipal administration reached out to “Za Istitata” for clarification on the submitted questions, with a statement from the press office saying, “As soon as we have a statement on the matter, we will inform you immediately.”
As of the publication of this article, no response has been received from the Gabrovo Municipality.
