Aheloy Beach Residence

Hi Guys, I hope someone on this forum can help myself and 320 others involved in this heartache .
We all purchased off plan apartments in Aheloy Beach residence in 2006/7, the apartments were only half finishes owing to the builders going bankrupt , after numerous court appeals and objections we have been told the unfinished apartments were sold at auction and that most of them were bought back by the original builders under a new company name, our problem is we just can't get to the truth of the matter, could any of you good people help in our plight in any way by letting us know if any work at all has recently started or any othe news in connection with our problem.
Any news at all would be greatly appreciated
Thank You

Hello Badger,

Looks like you entered into a classical trap. Any way, what does not make sense is that you do not know what has happened to the apartment you bought, neither do the other "owners".

Even in case of bancrupcy of the company that initially started constructing the residence buildings, your right of owning the property should have been arranged by some kind of a contract, allowing identification of each and every apartment bought.

This means, that you can claim your property no matter who has bought it and when. Provided no other hidden clauses are laid in the contract.

If you have received Act 15 (Deed 15) for your property and together with the purchasing contract then you can take to court either the old construction company, or the new one or both of these.

So my advice is - find a good attorney. Consult also a private law enforcement agent, and then consider your chances for taking the company to court and winning there.
If you can organize the other owners into some kind of a consortium, then you will share expenses and have more chances of success.

You can also ask for official information about the current stage of the construction at the local mayor's office.

Hi Kristiann,
Thank you so much for getting back to me, Half of the Appartments are pretty much finished this includes my own apartment butt most of the rest are nothing more than a shell, some of us even have our deeds, the problem we have had this last 6/7 years is all the people that are owed big monies have been to court time after time and appeals after appeals,it has come to the point that we just don't know who you to trust, the lawyer we had for 2 years also worked for the original builders which caused a conflict of interest and had to get rid of him....At the moment all we want to know is..have the unfinished Appartments been sold at auction And if so who purchased them and if work is going to start again....Any information you could help us with would be greatly appreciated......thank you

Strange case. If you have your deeds (Deed 15 or even Deed 16) + the Notary Deed then no one can sell your apartment without your consent.
According to the Bulgarian construction laws, the separate deeds mark separate stages from the contruction of a building.
Deed 14 (Act 14) marks the stage of the rough construction. Not going into details, but after issuing Deed 14 the construction is considered approved, and the owner can start to sell the apartments. Probably this is the stage at which you bought your property. This deed is also issued together with a Certificate from the Municipal Administration (Art.  181, para. 2 from the Act on Territorial Development)

Deed 15 (Act 15) marks the stage when the construction is already accomplished (or certain parts of it). This deed has to confirm that the construction was accomplished in accordance with the investment project and the construction requirements. With it normally the construction company will "return" the ready building to the investor. (In you case the investor and the construction company might be one and the same ). Tests of the equipment are conducted and recommendations for improvement are issued.

It is necessary to mention, that the Bulgarian laws on construction envisage 4 different actors:
1. Designer of the Building.
2. Investor;
3. Constructor (construction company)
4. Construction supervision body.

The last two are by definition independent by one another.

Deed 16, or in your case it is rather a Permission to use the property is the final stage. It allows people to move to live intoi the building and confirms that everything is in place and fulfilled according tho the set requitements. This permission is issued on the grounds of Deed 15.
Part of the process for issuing the Permission to use is identifying the ownership of the building (different parts of it).

My advice is to do the following:

1. Check with the construction supervision body the actual stage of the construction of the building.

2. Confirm this with a separate check at the municipal administration - Chief Architect's office.

3. Check the ownership rights of the separate apartments - one by one ( Deed 14 + Notary deeds + Contracts for selling/buying the apartments).

You will need a lawyer for all this. Choose one who is form another area, not close to Aheloy !!!!
You can also file a complaint against your previous lawyer at the local Lawyers Chamber and theraten to bann his rights as a lawyer for the conflict of interests case. Though, hardly any use.

Badger121:  I am sorry to hear about your unfortunate circumstances.   I recommend George Klichanov in Burgas for attorney.

You  need  a good  lawyer.  I can recomend one that many xpats use in VT, his name is plemen. He' s expensive but worth it. If you would  like  his # email me.

I'm sure in have seen them for sale via one stop properties might be wrong but worth a check

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