Bulgarian property

My attorney says the law is that to maintain a visa D one must reside in Bulgaria for at least 180 days per year which means you can travel all you like  Long as you leave that requirement

A permanent residence permit issued in an EU country is now typically issued as a "Long-term resident's EC residence permit", which allows freedom of movement to live, work...

Gwynj  this actually sounds like a good solution. Especially as you say there is a language proficiency requirement. How did you get around that? You said you get by with the basics and google translate.

Sounds like where you live near Kazanlak is a lively, though rural town. I wouldn't want to live in a ski resort or a beach town all year.

Thanks for the info on the ride service. That would be a solution if you lived far from the airport. Will check it out if we get serious. Right now we are just in the “we like Bulgaria” stage. Haven't been here in the winter .

Here in Sofia we saw on Cyrillic Alphabet Day people standing in line to place flowers at the feet of the statues. In America they are busy tearing down the statues of our founding fathers! We like how Bulgarians are quietly proud of their country and not too “woke”.

Thanks for checking on that, Johnavann. That is much more reasonable and do-able. Glad to hear that you enjoy living in Bulgaria. Maybe we will too, some day!

Just to clarify: language requirement (Bulgarian proficiency) is only for a passport (naturalization) application. It is not required for either a temporary or permanent residence permit.

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Hello Johnavann, you've written 'Only a Bulgarian citizen an own property registered and located in Bulgaria' -  is it still the case in 2021?

As our insightful contributors @JOHNAVANN and @EVTRA both rightly point out, Bulgaria has an important ownership restriction on property.

"Only a Bulgarian citizen can own property registered and located in Bulgaria.   However a foreigner can open a non natural person account (Bulgarian Corporation) and purchase property through that registration."

This is both too narrow and too broad, as it is actually implemented today.

But the main point that you can overcome such ownership restriction by incorporating a Bulgarian company and buying the property via the company, rather than in your own personal name, is both absolutely correct, and widely utilized.

Too narrow? "Bulgarian citizen"

As @EVTRA clarifies this is discriminatory, and has been amended. So, in fact, "Bulgarian citizens" includes both EU citizens and non-EU citizens with permanent residence in Bulgaria.

Too broad? "Property"

"Property" is actually land, which can be land only (such as a building plot or agricultural land), or can be a house with its own garden/land, or an apartment which has ownership of the "ideal parts" of the land plot on which the building sits. Most apartments in larger buildings don't include this "ideal parts" ownership, and so they can be purchased by anyone, whether EU or non-EU, and whether resident or non-resident.

(Ideal parts is a notional ownership of the share of the land plot, according to the number/size of the apartments, rather than ownership of a specific physical part of the land plot. It's a way of allocating voting power / share of expenses, and it's also similar to leasehold flat owners in the UK "owning a share of the freehold".)

You should note that as a result of Brexit, we Brits are now non-EU citizens, so we are subject to this restriction if we want to buy a nice country house (as so many dream of doing).

@gwynj Thank you so much for this extremely interesting and thorough answer!

Gwyn, I thought there is a language proficiency requirement for many of the D visa classes, though not for retirement visas. Was your answer specifically for Naomi in her situation? I admit, though I'm already studying Bulgarian, the odds of me achieving B1 level proficiency required for a freelancer visa any time soon are not good!

Hello @JANEMULBERRY! Interesting question...

I was clarifying that there is a Bulgarian language proficiency requirement for naturalization/citizenship/passport (at least when acquired by residence, I'd imagine a "golden passport" doesn't)... but is not required for either temporary, or permanent residence, as far as I am aware. This is the general situation for all applicants, whether from EU or non-EU countries.

I'd imagine that visas don't have the language proficiency requirement either, this would be quite unusual. By this I mean that the Migration Directorate that sets the visa rules doesn't apply a general language requirement for either the C or D visas. However (and perhaps this is a technicality) getting the proof that you fit in a particular category of D visa may require language proficiency... and I haven't gone through all the categories to check them!

So, for example, retirees need a proof of pension. But getting a letter from your pension provider doesn't need Bulgarian proficiency. :-)

However, you are absolutely right that being a freelancer does require Bulgarian. In this case because the Ministry of Labor makes it condition for issuing your freelance activity permit.

Similarly, if someone applied to study a degree taught in Bulgarian at a Bulgarian university, the university would likely require a proof of language proficiency before confirming their place and providing the relevant offer letter which could be used to get the D visa. (Whereas, if you applied to study Medicine in English in Plovdiv Medical University, I think they will give you the offer without Bulgarian, but ask you get it before you graduate.)

@gwynj After having read this: 'Since 1 January 2012 all EU and EEA (European Economic Area) citizens are allowed to buy land in Bulgaria. This applies to houses with gardens, all plots that are within the zoning of the settlements, apartments coming with shares of the land, offices and other commercial properties.' (source: https://www.gov.uk/guidance/how-to-buy- … n-bulgaria), I'm feeling quite lost.
The law says we can, but in practice things are not so easy..? What do you think of this?

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@EVTRA, you mean that any EU citizen (as a physical person) can now buy land without restriction? It is all foggy for me, I read sometimes that YES, it is, sometimes that it is not so easy...

I am very sorry for any confusion caused. Let me try to restate. This is the situation as I understand it:

There is now NO RESTRICTION on property purchase by Bulgarian citizens... EU/EEA citizens... non-EU citizens with permanent residence in Bulgaria.

Therefore, the restriction only applies to non-EU citizens (with or without a temporary residence permit). Following Brexit, this includes British citizens.

However, apartments (as long as they do not come with "ideal parts" of the land the building is built on) are an exception, and so can be purchased by Brits and Americans, in their own name, in the normal way.

Thus, British citizens wanting to buy a house in the country with a huge garden will now have to purchase it via their new Bulgarian corporation.

This is from BULGARIAN PROPERTIES website:

"Bulgaria has one of the most liberal foreign investment laws in the region regarding Bulgarian real estate as well as foreign investors. According to the Bulgarian Constitution and legislation foreign persons and companies can invest in real estate in Bulgaria either personally or through a local legal entity. Foreigners can acquire as physical persons only buildings but not land. Only Bulgarian citizens and legal persons (including such with foreign owners) can obtain ownership of Bulgarian land.

Therefore, the most popular ways for becoming real estate owners are as follows:
• As far as flats and limited ownership rights (the right of use, the right to build a house, etc.) are concerned, you can directly purchase them as a physical person.
• When buying real estate with land - houses, villas, plots and others foreigners must set up Bulgarian companies that will be the owners of the properties. Setting up a company in Bulgaria is very easy and our lawyers will be able to do this for you. Read more about company formation and fees

Important notice: Exceptions to this rule are now applicable to EU physical and legal persons. They are allowed to buy houses with gardens and regulated plots of land in Bulgaria on their own names as physical persons.
The Treaty of Accession of Bulgaria to the EU allowed Bulgaria to keep the prohibition for EU physical and legal persons to buy land in Bulgaria for up to 5 years. The 5-year term has now finished and since 1.01.2012 all EU persons are allowed to buy plots in Bulgaria (all plots that are withing the zoning of the settlements, houses with gardens and ideal parts of the land coming with apartments) without any restrictions."

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@gwynj it is all clear right now, thank you very much indeed!

Johns Ann, is there any company/complex/development you would consider a good investment in Sarafovo?

Sorry, the computer corrected me. I meant Johnavann.

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Bad to purchase on the Black sea coast ?  That is so far from truth .......

Black sea coast line is an excellent place to buy a vacation property, and now is a very good moment to do so. Reasons for this are the big number of properties sold by russian owners, and the low levels of usage of the mass construction resort properties. Of course the results from the Covid 19 economic crisis too.

Prices are quite good now and you only have to select wisely and find a good quality to price ratio. Just avoid the risks by hiring a good real estate broker and a good lawyer. An inspection by a construction engineer might help you to reduce the price an to discover hidden flaws.

My concern about Black Sea properties are how many clearly aren't maintained. As has been mentioned earlier in this thread, it's a bad idea to buy a property without seeing it. Those lovely photos on the estate agent's sites from when the complex was shiny and new may be far from the current reality. Some agents will show a couple of pics of the current reality, but after all the shiny new pics, so the potential buyer is already seduced.

My biggest concern would be buying a property in a well-maintained complex that perhaps changes ownership and is then neglected. Or after the five years or so the package tour companies will rent apartments in the complex, the owners stop bothering with maintenance. It seems apartment owners don't have a lot they can do about that.

It also bothers me seeing beautiful pristine areas along the coast getting covered with apartment blocks, possibly in part driven by the package tour companies' requirement for newer apartments. 

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Regardless of the new anti Covid19 measures in the UK international travels will not stop.
In the same line of thoughts, no one can force you to apply Covid19 vaccine, against your will.
The properties in BG will not disappear too.

So this June, July, August, September, or the next year it is never too late. Cheap manipulations do not last long.

There will be a lot of push-back to the extension, including challenges to the legality of it. Buying property is a permitted reason to leave the country. And believe me, first signs that forced immunization is happening, I'll be outa there!

It seems unlikely to happen. Either anyone who refuses the vaccine would need to be detained under Section 2 of the Mental Health Act as a danger to themselves and others.  Possible, but would require a large number of health professionals to implement. The other option to do it is the imposition of a police state, where individual rights are overruled. Also possible. But the push-back would be immense.

And as Kristiann said, even if they lock Brits up, Bulgarian properties will still be there.

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Hi, I am interested in buying an apartment in Bulgaria but I'm  not from Bulgaria- is this a problem? Any advice is greatly appreciated.

Claire, I see you are Irish. As you're a citizen of an EU country, you won't have any issues about being permitted to buy property. Non-EU citizens need to form a company to buy a property, but that won't apply in your case (I think unless you were buying land zoned agricultural, which obviously you aren't!).

There's been a lot of discussion in various posts about what to look out for when considering an apartment. Issues over maintenance of the building and grounds seems to be a big one to be aware of. Hope it all goes well for you!

Hi Jane

I kindly hope you are wrong there??

My understanding is that foreigners (including non EU citizens) are entitled to purchase property.

However non EU citizens are not entitled to buy property with land.

The requirement of forming a company is related to obtaining Bulgarian citizenship and is not a requisite for real estate.

I am new to this topic if I am wrong I welcome clarification because I am hoping buy a flat in Bulgaria as a non EU citizen.

Thanks in advance and hope everyone is keeping well and safe.
Rosie

I am a Non EU Citizen.  I am a US Citizen residing in Bulgaria.  I own several properties including hotels and land. I have a long term Visa D.  Not yet a permanent resident.   None of the properties are owned in my name as Non EU Citizens may not own land in Bulgaria.  One must form a corporation. 

I have been through this with two real estate attorneys.   For our private home it is in my wife's name who is a dual Citizen--US and BG.

You raise an issue with apartments that do not own the land and I have no knowledge of those rules. 

I do know that I as a non EU can not have a auto in my name, but can in my corporation.

Rosanna, right, as far as I know non-EU citizens can own an apartment without a company, provided what you're buying doesn't include a part share of the land it's on. For a house on land or an apartment that includes a part share of the surrounding land, a company is required.
I'm buying a house with land, so I need a company. I haven't set mine up yet but it sounds like a simple one-off formality and shouldn't cost more than 500 euros (that's using a service to set it up - I hoping the agent who I'm buying through will set it up free for me!). And then ongoing there's a very small fee for an accountant to submit accounts for the company each year.

Rosanna Hanna wrote:

My understanding is that foreigners (including non EU citizens) are entitled to purchase property.

However non EU citizens are not entitled to buy property with land.

The requirement of forming a company is related to obtaining Bulgarian citizenship and is not a requisite for real estate.

I am new to this topic if I am wrong I welcome clarification because I am hoping buy a flat in Bulgaria as a non EU citizen.

I think you may be getting some of the rules mixed up.

Non EU citizens CAN buy properties with land, but it must be a regulated plot, which usually means it has a house on it, however they may NOT buy unregulated/agricultural land.

As a non EU citizen you will need to set up a company to purchase property if it has any land with it - the exception is for buying an apartment.

Forming a company has no bearing on citizenship/residency, you can set up a company to buy property and not be a permanent resident or citizen.

But having property and a company does not guarantee residency or citizenship.

I hope that makes sense?

Kristiann, how do you find a good real estate broker? My husband and I would like to buy apartment or house (we are EU citizens) on the black sea coat.

Hi thank you everyone Jane, Jonavann and Helen for you responses.

Yes I am getting things mixed up and confused!

Reassuringly I am understanding that non EU citizens can purchase a flat provided no land included?

Yes got you - non EU citizens can purchase a regulated area - house with land but not unregulated/ agricultural but you need to set up a company.

I don't understand what a 'company' is with regard to buying land or property with land?

Sorry I got this confused with obtaining 'fast track' Bulgarian citizenship through investment.

I am English and Irish not yet applied for my Irish citizenship (not sure what the residency rules are for members of the EU are purchasing a flat)?

Oh dear so many things to wrap my head around - thanks everyone for helping to clarify.

Thanks again
Rosie

Great information. You've given me a little hope to. My dream is to move to Bulgaria and i can support myself but being 44 i was informed on 1 forum that this wasnt enough unless i was at retirement age. Im frantically researching in hope i can still come over next year with a d visa  to avoid the 90 days ruling. You think  i have a chance reading your comments?

Welcome @Marie Lidbury to the expat.com forum! And good luck with your potential move to Bulgaria...

There is a separate older topic all about the D visa and how to apply for it, so I recommend you take a look here.
https://www.expat.com/forum/viewtopic.php?id=928155https://www.expat.com/forum/viewtopic.php?id=958775

One of the easiest ways to qualify for this visa is by being a retiree. While there is no age requirement, you're probably too young to be currently receiving either a private or state pension. But if you do, then you can apply. There are other ways to qualify (e.g. student, self-employed, employee, business owner). Each option has requirements/conditions which you will need to be aware of.

Spain has a very popular option, the "VISADO RESIDENCIA NO LUCRATIVA", where you only need to demonstrate that you are financially independent, and won't work in Spain. Bulgaria unfortunately does not have an equivalent.

Otherwise than retired, it's more difficult.

Rosanna, sorry for the delay replying. The "company" we're referring to is a legal Bulgarian company set up and owned by a non-EU citizen wanting to buy property, which is allowed to own land. However, if you can get an Irish passport then as an EU citizen you won't need to set up a company, even if you buy a house with land. Getting that passport if you're eligible is definitely the best solution. I hoped I could, turns out my grandfather I was told was born in Ireland was born in LIverpool to Irish parents, so sadly no Irish passport for me!

Marie, for Bulgaria it's important to look carefully at the D visa stuff and consider what might work best for you. If you're self-employed or remote working, the catch with the freelancer visa is needing B2 level proficiency in Bulgarian - doable, but will need some work unless you already have good conversational and written Bulgarian language skills. As Gywn said, if you have a private income from a company pension or an annuity that's at least equivalent to the Bulgarian minimum wage (650 EUR /month last year), you may manage to get in on the retirement visa, as my understanding like his is that it's not age based, purely based on getting a pension. I hope one way or another works out for you!

Thank you very much for your responses. Much appreciated