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DOBREV, KINKIN & LYUTSKANOV Law Firm has long-standing track record and successful experience in real estate, urban planning and construction works. We give advice to our clients in the process of acquiring real estate in Bulgaria and in the subsequent implementation of investment projects in the field of hotel management and tourism, golf courses, office and commercial buildings, industrial construction works, and renewable energy projects.
Our rich experience in this sphere has shaped a comprehensive approach to legal consultancy. We provide legal assistance from the time of the investigation of the legal and planning status of the property, through the structuring of the purchase/sale, the negotiations on the conclusion of contracts, the evaluation of the tax aspects of the transactions, including legal advice with regard to its financing, to the finalization of the procedure in a way which is the optimal for the client. Our objective is to encompass and resolve all legal issues that are intrinsically related to the implementation of investment projects in the sphere of real estate. We consult our clients at all stages of the realization of their intentions: due diligence report on the property, urban regulation and planning, change of the land use, environmental impact assessment, obtaining the required permits, setting into operation, etc.
In our work on individual cases, DOBREV, KINKIN & LYUTSKANOV Law Firm sets up teams to maintain continuous contact with the client, make detailed analysis of the investment intentions and identify the appropriate solutions for optimal protection of his interests. Our objective is to provide competent and comprehensive legal assistance and advice based on both experience and understanding for the client’s needs, observing the highest standards of performance at all times. High quality and the comprehensive approach are the distinctive features of our legal services in real estate and construction works, covering all aspects of the investor’s interests as follows:
Due Diligence Reports on Properties
The analysis of the legal and planning status of the property is of paramount importance for the successful realization of investments in real estate. The need for such investigation is determined by the history of ownership rights in this country, which includes the reinstatement of numerous nationalized properties, the growing urbanization of territories and the still ongoing reform of the register of properties. Against this background and in view of protecting the interests of our clients, we provide consultancy and carry out investigation into the compliance with the administrative procedures for reinstatement of real estate, and review privatization agreements to ascertain the right to dispose with acquired assets. For the purpose of safeguarding the security of the new owner and his protection against claims of third parties, i.e. creditors or owners, we verify all the rights and encumbrances on any specific property. We analyze inheritance rights and rights ensuing from acquisitions (purchases, swaps, gifts, transfer of accounts receivable, wills, etc.). We find it very important from the perspective of the undisturbed exercise of the ownership right to check the planning status of the property, i.e. the location vis-à-vis the consolidated boundaries and the changes thereof. In this connection, we advise our clients on the phase of ongoing consolidation procedures and the way they are conducted. This analysis is very pertinent because of the dynamic development of the construction industry and the increasing consolidation of land within the boundaries of settlements over the last 20 years. This process is particularly intensive at the Black Sea coast and in the mountain resorts.
Real Estate Transactions
We provide professional advice to our clients in the acquisition of ownership or limited ownership rights to state-owned or municipal properties. Our practice in this sphere includes consultancy on the terms and conditions for the auctions and competitive bidding procedures organized by the competent authorities, drafting and obtaining the related documents, assistance and representation, preparation of real estate purchase or sale agreements, consultancy in the process of their execution and changes thereof.
We have successful experience also in the acquisition of real estate through participation in housing cooperatives. We assist our clients on matters related to the organization of a housing cooperative, the rights and obligations of its members, the participation in the managing bodies, the implementation of construction works, the allocation of properties among the cooperative members on the basis of the approved architectural plan, the obtaining of the relevant documents and the representation before the notary public for the preparation of notary deeds.
Leasing and Renting. Property Management
Our team offers professional consultation in connection with the settlement of relations in cases of co-ownership, including timeshare agreements and the compliance with the legislation concerning condominiums, their registration and management. In this connection, we assist our clients in the incorporation of legal entities comprised of owners under the law on condominiums and in their application for financing projects enhancing the energy efficiency of buildings and projects to build installations based on renewable energy sources.
Urban Planning and Development Procedures
DOBREV, KINKIN & LYUTSKANOV Law Firm has successful experience in the legal services in the field of urban planning and development. We assist our clients in the procedures in which they collect the necessary input information in the phase of feasibility studies. We provide legal assistance in the administrative procedures concerning the admission, drafting, adoption and modification of urban development plans, including those in the course of the implementation of construction works and the issuance of permits to build. We provide consultancy in the process of obtaining the permits required under the special laws for the implementation of the specific types of investment intentions.
We advise our clients on the need for compliance with the environmental requirements of the regulatory framework. In accordance with the specific features of the territory on which the investment project will be implemented, we provide consultancy and legal assistance in procedures for change of the use of the land or for exclusion of forests and lands from the forest stock and change of their use.
We provide legal assistance in the procedures for coordination of investment projects with the respective utilities and the conclusion of contracts for connection to their networks.
Construction Works – Contractual Relations under the Physical Planning and Development Act and FIDIC
The lawyers at DOBREV, KINKIN & LYUTSKANOV Law Firm have considerable experience in providing legal assistance to construction works, including the relations among the participants in the construction process.
Our practice includes legal advice and drafting of various types of contracts needed for the organization and implementation of the construction process, i.e. design contracts, works contracts, design supervision contracts, building supervision contracts. We represent our clients in the negotiations on the specific terms and conditions, rights, obligations and responsibilities of the participants in the construction process. We assist our clients also in reaching compliance with the relevant requirements to the specific type of construction works and the parties concerned, depending on the category of construction works and the compliance criteria set out in the Physical Planning and Development Act.
We provide consultancy to our clients with regard to the use of the varieties of standard construction contracts approved by FIDIC (the International Federation of Consulting Engineers), adjusting their clauses, if needed, to the specific construction process and the requirements of the existing Bulgarian laws.
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