Resolving Real Estate Disputes in Bulgaria

Real estate disputes in Bulgaria are heard by district courts at the location of the property. Depending on the nature of the conflict, a rei vindicatio claim for recognition of title, a negatory action to remove interference with use, a claim to determine plot boundaries, or a separate procedure regarding illegal construction may apply. Choosing the correct type of claim determines both time limits and the chances of success — a mistake at this stage costs time and money.

International Law Firm "Zahist" represents clients in real estate disputes in Bulgaria, including Ukrainian citizens. In our practice, for foreign owners a real estate dispute is often complicated by an additional layer — restrictions on direct land ownership by non-EU citizens. For this reason, title to the building and title to the land beneath it often have to be considered separately.

We review the main types of real estate disputes in Bulgaria, which courts hear them, what acquisitive prescription is as a defence, and what Ukrainian owners should specifically take into account.

Main types of real estate disputes

A rei vindicatio claim is brought when a person considers themselves the owner of property that is actually in another person’s possession — it is the most common tool to regain control over an object registered to or actually occupied by a third party.

A negatory action is used where the owner has not lost possession, but someone interferes with full use of the property — a typical example: a neighbour erects an extension that shades the plot or blocks access.

Court system and venue

First-instance real estate cases are heard by the district court at the location of the property — this is the general venue rule for almost all property disputes, including boundary determination and rei vindicatio claims.

The second instance is the regional court, and a final decision on cassation is rendered by the Supreme Court of Cassation — the structure is fully three-tier, with the possibility of reaching the country’s highest court.

A claim to determine plot boundaries has a distinct practical advantage — it is not subject to a limitation period and may be filed at any time while uncertainty as to the actual line between neighbouring plots continues.

This distinguishes it from many other property claims where limitation plays a significant role — the plot owner does not risk losing the right to go to court merely because the conflict with a neighbour lasted several years before the claim was filed.

Acquisitive prescription as a defence in title disputes

Acquisitive prescription (придобивна давност) is one of the most common defence arguments in title disputes. A person who actually and openly possessed property for a prescribed period may acquire title even without an original legal title.

The difference in periods is explained by the presence or absence of good faith: if a person received a notarial deed from someone who themselves had no right to dispose of the property, but did not know this, the acquisitive prescription period is shorter.

In litigation this circumstance can be decisive — a party that formally has no original title to the property sometimes wins precisely because of proven long and uninterrupted possession.

Illegal construction and neighbour disputes

A complaint about illegal construction is filed with the municipality or the Regional Directorate for National Construction Control (RDNSK) and triggers an inspection of the object against permit documentation.

Typical grounds for a neighbour’s complaint are unauthorised fencing on plot boundaries, an extension that shades neighbouring land, or construction in breach of required setbacks from the boundary.

An order to demolish an illegal structure may be challenged in court — and it is at this stage that professional legal support becomes critical, because missed procedural deadlines sharply narrow further defence options.

Separately from the administrative procedure, an affected neighbour may file a civil negatory action directly with the court without waiting for the outcome of the municipal or RDNSK inspection — both routes may be pursued in parallel.

Condominium disputes in apartment buildings

Floor ownership (етажна собственост) is a regime under which owners of individual apartments are at the same time co-owners of the building’s common parts: roof, stairwells, façade, and adjoining land.

The most common disputes here concern maintenance of common parts — allocation of repair costs, the procedure for decisions by owners’ meetings, and the limits of permitted use of common property by an individual resident.

The Supreme Court of Cassation has repeatedly considered cases on the scope of co-owners’ duty to share costs for common parts — the case law is fairly settled, although the specific circumstances of each case still affect the outcome.

Particulars for Ukrainian citizens as real estate owners

Ukrainian citizens, like other non-EU persons, cannot directly own land in Bulgaria — to purchase a plot a Bulgarian company is usually registered, which becomes the formal owner of the land.

This creates an extra layer of complexity in disputes: if the conflict concerns a land plot, the party to the case is in fact the company, not the individual — and this must be taken into account already when formulating the claims.

Apartments and standalone buildings may, as a rule, be registered directly in the name of non-EU citizens — the restriction applies to land specifically, not to all real estate without exception.

To participate in Bulgarian court proceedings, documents issued in Ukraine must be apostilled and translated into Bulgarian with notarised certification of the translation — without this the court will generally not admit the document.

Legal assistance in real estate disputes in Bulgaria

Correctly classifying the dispute and choosing the appropriate type of claim the first time is a task where a mistake means lost time and extra court costs for a repeat application.

Lawyers of International Law Firm "Zahist" help assess the prospects of the case, prepare the statement of claim and represent the client at all instances — from the district court to the Supreme Court of Cassation if needed.

We also advise Ukrainian owners on structuring land ownership through a company and prepare documents issued in Ukraine for filing with a Bulgarian court.

If you have a real estate dispute in Bulgaria and need an assessment of the case prospects, contact International Law Firm "Zahist" — we will review your situation at a consultation.