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Varadinov & Co.
Legal Bulletin

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New ordinance № 5 from July 31, 2014 for constructions in the forest territories without changing of their designation enacted Ministry of agriculture and food and Ministry of regional development. With this ordinance shall be determined the conditions and the order for construction of the sites pointed in the Law for the forests (LF), as qualification of the forest roads and the normatives for their designing, construction and enter into operation.

The ordinance shall be applied for all forest territories under the Law for the forests regardless of their ownership except shown in the Law infrastructures communication facilities for which construction the state, the municipality or the owners are constitute easements. The construction shall be corresponding with the Protected areas act, the Biological diversity act, Act on the black sea coast spatial development, as according plans for management of the protected areas and zones, development and technical plans and projects. The concept is when one and the same forest territory is under several restricted regimes, the stricter regime shall be observed.

The basic kinds of construction are permit and implement under the conditions and the order of the Spatial development act and Law for the forests. For construction of the sites shall be established development right. The construction might be assign by the owner or from physical or legal person, who have а sign agreement for implementation of the part of provided forest- farming plans and programs for the for construction of buildings and facilities connected with management, reproduction, use and preservation of the forests and the game for the corresponding territory. After expiration of the term of the established development right the constructed site pass in ownership of the owner of the property if otherwise is not agreed in the act of establishment.

The constructions of the sites shall be determined under detailed development plan (for construction or parcel), worked out, approved and valid under the conditions and the order of Spatial development act. For some kind sites written statement with the approval of the Director of the regional directorate for forests shall be required. For construction of more than one kind of sites shall be required an investment project and issuing of permit for construction, and after completion of the construction they shall be enter into operation, as these procedures shall be accomplished under Spatial development act.