Certificate of Tolerance

Clients of lawyer Petya Stoevska sought advice regarding the status of the buildings in the properties they inherited. We briefly present the possibilities that are regulated in the Territorial Development Act, so that buildings are not removed without a plan and a notarial deed and that they can be used, inherited and sold without hindrance.

In §16, para.1 of the Transitional Provisions of the Territorial Development Act (TDA), the legal grounds for settling such cases by taking action by citizens to issue a Certificate of Tolerance for buildings on the property are set out. The Certificate of Tolerance is an administrative service that certifies that the construction is indeed tolerable, i.e. the possibilities of the construction being removed or prohibited for use are completely excluded. It is important to note that the Certificate of Tolerance does not legalize the construction! However, this document allows the owners and heirs to dispose of the buildings, subject to the

The Certificate of Tolerance, in cases of their sale, exchange, donation or mortgage. "Construction" within the meaning of the law means above-ground, semi-underground, underground and underwater buildings, structures, extensions, superstructures, fences, networks and facilities of the technical infrastructure, public works and sports facilities, as well as their major repairs, reconstructions and reconstructions with and without change of purpose. A construction for which no construction documents have been issued is illegal. In order to obtain a Certificate of Tolerance, the owner of the illegal construction submits an application (application) to the chief architect of the municipality (district), to which he attaches a document of ownership; documents proving the period of construction in accordance with the construction rules and regulations in force at that time. The other participants in the process of issuing this certificate are: - The Chief Architect of the municipality, respectively the district (based on a decision of the municipal council in cities with district division), on the territory where the construction is located; - The authority competent to issue the certificate of tolerance. The procedure is as follows: an official from the municipal (district) administration reviews the file, checking whether the application was submitted by the owner, checks whether the construction was permissible under the current detailed urban development plans and under the rules and regulations in force at the time of its implementation or under the ZTA. If the official deems it necessary, he shall request additional data from the owner.

 The certificate of tolerance, or refusal to issue such, shall be issued within one month of receipt of the application and shall be obtained personally by the owner in the relevant municipal (district) administration, or by a person authorized by him. “Construction documents” shall represent all necessary approved investment projects for the implementation or legalization of the construction, the construction permit or the act of legalization, as well as the protocols for determining the construction line and level. According to the legal framework, constructions constructed until April 7, 1987, for which there are no construction documents, but which were permissible under the current detailed urban development plans and under the rules and regulations in force at the time of their implementation or under this law, are tolerable constructions and are not subject to removal and prohibition of use. They may be subject to a transfer transaction upon presentation of a certificate from the authorities authorized to approve the relevant investment projects that the constructions are tolerable. Illegal constructions started in the period April 8, 1987 – June 30, 1998, but not legalized until the entry into force of this law, shall not be removed if they were permissible under the current detailed urban development plans and under the rules and regulations in force at the time of their implementation or under this law, and if they were declared by their owners to the approving authorities by December 31, 1998. Illegal constructions, started after June 30, 1998, but not legalized until the promulgation of this law, shall not be removed if they were permissible under the current detailed urban development plans and under the rules and regulations in force for the specified period or under this law, and if they are declared by their owners to the approving authorities within 6 months from the promulgation of this law. In the above-mentioned cases of expropriation of constructions and legalized constructions, they are evaluated and compensation is due to the owners according to the general procedure. The construction period is proven through declarations, witness statements, extracts from old cadastral plans, construction site registration, expropriation orders, etc. Fees for the issued certificates are collected in accordance with the Local Taxes and Fees Act and the accompanying Ordinance adopted by the Municipal Council.

This article examines some aspects of the topic and does not represent full analysis of the problem. 

Author: Petya Stoevska, Dr. Sc