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* Information about defects liability periods for constructions in Bulgaria:
Published: 08/09/11

One of many questions that may appear before the foreign citizen who became an owner of an apartment or a house in Bulgaria is who regulates the defects liability period for the construction of the building.

Sometimes (in case the buyer purchases the real estate directly from the developer of the complex or of the house) the guarantee period is described in the Preliminary contract, but there can also come a point that the buyer is left in full ignorance regarding the defects liability period for his own property.

The construction guarantee periods are set in the Ordinance No 2 from 31.07.2003 regarding commissioning of construction sites in the Republic of Bulgaria and minimal warranty terms for construction and installation works, equipment and construction sites published by the Ministry of Regional Development and Public Works.

The defects liability period are described in the Chapter fourth of the Ordinance:

Article 20:
Paragraph (2): The defects liability periods for the completed construction and installation works have to be defined in the contract between the buyer and the developer of the construction as those periods can not be shorter then the minimal defects liability periods defined in the present Ordinance.
Paragraph (3): The defects liability periods begin to run from the date of going into operation of the completed construction (the date of the issuing of the usage certificate of the building).
Paragraph (4): The minimal defects liability periods for the completed construction and installation works are:
1. for all kinds of newly build establishments, including the earth foundation beneath them – 10 years;
2. for reconstructed constructions and installation that have suffered an accident – 8 years;
3. for waterproofing, heat insulation, acoustic isolation and anti-corrosive work, for the non-aggressive medium – 5 years; for the aggressive medium – 3 years;
4. for all kinds of construction, installation and finishing works, and internal building installations – 5 years.

Article 21:
If the hidden defect appears during the guarantee period after going into operation of the building and sides can not regulate their relationship, the controversy will be decided through the courts.

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