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FORMAL COMPLETION AT A NOTARY
The actual process of completion can seem a little daunting.
It takes place in front of a Bulgarian Notary Public (an independent solicitor employed by the
government to oversee the process of signing the deeds and to ensure that everything
is done correctly) in a Notary office in the municipality in which the property resides.
The decision you will have to make is whether to go to Bulgaria yourself and engage in the
legal procedure or whether to give power of attorney to someone, usually a solicitor, to do
this on your behalf.
In either case, the following documents will be required:
Please see our general comments with regard to translation of documents on our Title Deeds page.
We have now completed on two properties, and have used both methods.
Our first completion
This took place in the notary office in Sofia, and we decided to represent ourselves.
We were there for several hours, and we found the whole procedure slow and boring. The Notary
first checked our passports, then ensured that the forms mentioned above had been completed
and signed by us , and last but by no means least read out every word appertaining to the
title deeds in Bulgarian.
Once all parties were happy with the deed, six copies of the title deed were signed by us,
the Notary Public, the developer's solicitor and the translator. We did not receive a copy at
this stage.
Due to problems involving a Power of Attorney document for an absent joint owner
for one of the apartments, the meeting took approximately four hours. We suspect that without
this it would have been more like two hours.
If buying a Bulgarian property which was not part of a large complex, we feel it would be essential to
have an English-speaking Bulgarian solicitor representing you at this meeting, whether
or not you are in attendance yourself.
Our second completion
As previously mentioned, we used an English-speaking Bulgarian solicitor, recommended
by the selling agent, to assist us in our completion of the purchasing process for our
apartments in Pamporovo, although we also intended to be present ourselves.
His tasks were to draft the final notary act, make the necessary checks on the
property and to register our ownership with local government and apply for a Bulstat Number
if we did not already have one. In addition, he either had to be in attendance at the
Notary meeting if we were going over to sign ourselves, or we needed to give him Power of Attorney to represent us in our absence.
His fee for this was 650 euros. We found him to be helpful and responsive. Most of our
communication with him was via email.
He sent the additional documents listed above to us via email in advance of the proposed
Notary meeting. These had to be notarised by a British Notary and Apostilled (arranged for us by
the selling agent and for which we paid a £95 fee), and then returned to
the Bulgarian solicitor.
Unfortunately two days before leaving for Bulgaria, we were informed that the developer was not
in a position to formally complete as he had not been successful in obtaining the final
completion paperwork from the local council (Act 16). This was very frustrating as it was
the main purpose for the trip along with our first viewing of the completed apartments.
The end result was that the Bulgarian solicitor acted on our behalf at the Notary meeting
several weeks later, and we received the title deeds approximately a month later.
Our third completion
Although our third apartments are not yet complete, we have already encountered yet another
method of completion.
Update 12th April 2007
We have now completed on our third apartments at the Garden of Eden complex in St.Vlas.
This was achieved using the advanced notary completion described above. This allowed us
to have 85% of the actual purchase price stated on the deeds, this was not ideal, but
the best we could hope to achieve. Hopefully this dubious practice of declaring a
lower value on the notary deed will be stamped out with the recent EU accession.
With recent changes in the law (see details on taxes) this will not have much of an
impact on any future sales depending on our timing of sale.
Although we have now completed on our apartments, we cannot by any means call them
complete. They are effectively just shells, having no kitchens installed (these are
classed as furnishings) and the complex itself is far from ready. Despite being
told that the complex will be open for tour operator rentals from June, having
seen recent photographs of the site we feel that from past experience this will
not be the case. We have therefore decided not to participate in rentals this
year at the complex as the only tour operators on board are from the eastern
block and we doubt that many rentals will be achieved This will mean that the
completed complex will not be entirely complete until a year after the orginally
specified completion date. This appears to be the norm in Bulgaria. We are now
planning to travel to St Vlas in June in order to snag the apartments and plan
furnishings.
Definitions:
A Power of Attorney is a document that authorizes an individual to act on behalf of someone else.
An Apostille certificate authenticates the signature of a public official who has signed a document.
The Apostille certificate confirms that the person who has signed the document has the authority to do so,
and that the document should therefore be recognised as legal without further evidence in another
member state. A member state being any country which has joined the Hague Convention.
This is normally performed in the UK by the Foreign and Commonwealth office in London which
has a list of all Notaries and checks that the Notary signature is valid. There is normally
a fee for this. This is currently £19.
Page last updated: 12th April 2007 |
© 2006 Bulgaria Buyer