Right to additional construction and superstructure

A variation of the right to build is the right to additional construction and superstructure, under which its carrier may increase the volume of an already existing building in width (extension) or height (upgrade) by acquiring ownership of the additional constructed site/superstructure. This right is provided for in Art. 66 (4) of the Bulgarian Property Act.

The right to additional construction and superstructure confers the following powers upon its holder:

  1. To acquire ownership of the upgraded parts.
  2. The right to acquire or to build on the respective ideal parts of the property.
  3. To acquire the ideal parts of the common parts corresponding to the value of the upgraded object.
  4. Use the foreign property to the extent it is necessary for the use of the upgraded object.

Subjects of the right to additional construction and superstructure can be both individuals and legal entities. The right to additional construction and superstructure has two objects - the building and the property.

The right to additional construction and superstructure can be acquired as a legal transaction as well as by law. Acquisition through legal transaction has two elements. In all cases, the right must be established by the owners of the property through an agreement in the form of a notarial deed. In addition, however, it is necessary to have a written agreement with the notarized signatures of the condominium owners, as the holder of the right to additional construction and superstructure  will also acquire the relevant parts of the common areas.

The right can also be acquired under the law. Such is the case with the expiration of the prescription.

As to the termination of the right to additional construction and superstructure, the rules governing the right to build remain in force with one exception. If the building that was upgraded is destroyed, the right lapses. It can be realised again only after re-realising the right to build.