site.btaConstitutional Court Rejects Disputed Amendments to Spatial Development Act Challenged by Architects and Vetoed by President

November 5 (BTA) - The Constitutional Court has rejected
as anti-constitutional disputed amendments to the Spatial
Development Act (SDA) passed in January 2021 which were
challenged by the Chamber of Architects in Bulgaria (CAB) and
vetoed by President Rumen Radev, CAB said on Friday.

Back in January, CAB argued that the provisions infringe on
owners' constitutional rights to dispose of their property and
build on it. The architects objected above all to an amendment
under which the owner of a property may not be issued a building
 permit before the municipality has acquired all parts of
properties on which a street is planned to be built. Another
challenged provision made it possible to issue a building permit
 if accompanied by an opinion even without submitting a design.

However, the legislature voted down Radev's veto and passed the
provisions. In June, National Ombudsman Diana Kovacheva
challenged the texts before the Constitutional Court.

In its decision, the Court found that the provisions violate the
 principles of rule of law in respect of guarantee and
inviolability of private property so that the texts were
declared unconstitutional. RY/ZH


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