Most property disputes we handle could have been avoided by a proper check before the deposit was paid. A legal review — often called due diligence — establishes whether the seller can sell, what rights others hold over the property, and whether what you see actually complies with planning law. It combines document review, searches in public registers and a legal analysis of what they show.
The documents we obtain
| Document | What it shows | Where it comes from |
|---|---|---|
| Title deed | That the seller owns the property, and on what basis | The seller; a copy can be obtained from the Registry Office by a lawyer |
| Cadastral sketch or floor plan | Boundaries, area, neighbours and the unique cadastral identifier | Geodesy, Cartography and Cadastre Agency or the municipality |
| Certificate of entries | Mortgages, attachments, pending claims, registered leases and other rights | Property Register, Registry Agency |
| Tax valuation certificate | Tax value and any unpaid property tax (Art. 264(1) of the Tax and Social Security Procedure Code) | Municipal local taxes department |
| Marital status and property-regime records | Whether the property is marital property needing the spouse’s consent | Municipality (civil registration) and the Register of Spouses’ Property Relations |
| Permit for use or certificate of commissioning (often loosely called “Act 16”) | That a new building is lawfully fit for occupation | National Construction Control Directorate (categories I–III) or the authority that issued the building permit (categories IV–V) |
The five checks
Identify the property
Match the cadastral identifier and data with the title deed. Discrepancies in area or boundaries are common and need explaining.
Trace ownership back at least ten years
Ten years is the period for acquisition by prescription. Any defect in an earlier transfer — a void or voidable deal — can travel down the chain, because no one can transfer more rights than they have.
Review encumbrances
Mortgages, attachments, claims, easements and leases — and whether old mortgages have actually been deleted.
Check the seller
Marital status and property regime; whether all co-owners and heirs are on board; any capacity issues.
Check planning and construction
Compliance with the detailed development plan, the building permit and the permit for use — and whether later changes, such as attic conversions or enclosed balconies, were legalised.
Lawyer and notary — two different jobs
| The lawyer | The notary |
|---|---|
| Works for you, before you commit | Acts impartially, at the moment of signing |
| Analyses title history, encumbrances, planning and contract risk | Checks identity, capacity, ownership, public debts to the revenue agency and local taxes as required by law |
| Drafts or reviews the preliminary contract and advises on structure | Certifies the deed and sends it for registration |
The roles complement each other; neither replaces the other.
What you receive
A written opinion that lists the risks found, explains how serious each one is, and recommends what to require from the seller — or whether to walk away.
Questions clients ask
Doesn’t the notary already check all of this?
No. The notary performs the checks the law requires immediately before signing — principally ownership and certain public liabilities. A full review of the title history, encumbrances, co-ownership and planning status is the lawyer’s job, done before you commit.
How far back should the title be checked?
At least ten years, which covers the period for acquisition by prescription. Where the history is complicated — restitution, inheritance, partition — we go further back.
I am buying off-plan. What should I check?
The developer’s title to the land or building right, the building permit, any mortgage over the project and the contract terms on completion and the permit for use. The preliminary contract is especially important in these purchases.
This guide is general information about Bulgarian law as it stood on the date of publication. It is not legal advice for your specific case.
