Despite the partial clarifications made in 2015 in the Spatial Development Act regarding the status of parking spaces, the legal regulation on many issues on this topic remains incomplete and the practice of the Notaries – diversified. In this regard, if you have decided to purchase a parking space, it is a good idea to acquaint yourself with some of the main legal issues in advance.
What is the status of parking spaces according to the law?
According to the law, individual parking spaces do not have autonomous status. Те не са обособени като самостоятелни обекти в кадастъра. Паркоместата се приемат за принадлежност към самостоятелните обекти в сградата (апартаменти, ателиета, офиси).
In general, parking spaces represent parts of a land plot or parts of a garage/parking floor in a building according to its architectural projects.
IMPORTANT! Although according to the architectural projects the parking spaces are individualized as real parts, due to the lack of separate status, it is advisable that the co-owners of the respective land plot/garage/parking floor in a building sign between themselves a contract for distribution of usage, whereby they mutually agree and approve the use of the parking spaces designed in the respective land plot/garage/parking floor in a building only by the persons who have the legal (and documentary) right to use them (owners, users).
What is the difference between a parking space and a garage?
Unlike parking spaces, garages are separate objects. Garages have an autonomous status and separate identifiers in the cadaster. They are characterized by architectural and structural separateness (they have enclosing walls and separate individual access).
Garages are not subject to the restrictions applicable to parking spaces, which will be described below in the article.
What types of parking spaces exist?
There are two main types of parking spaces:
– outdoor parking spaces located directly on the land plot;
– covered parking spaces located inside the building.
Do I owe local taxes and fees after acquiring a parking space?
Although they do not have a separate status, being part of a land plot or part of garages/parking floors in buildings, all parking spaces are subject to local tax and municipal household waste fee. For this reason, once you acquire a parking space (whether outdoor or covered one), it must be declared on your behalf before the competent municipal tax authority within the legally provided terms.
IMPORTANT! If you do not declare the parking space you have acquired in the legally provided terms, a fine/penalty can be imposed to you by the competent authorities.
What are the restrictions on transferring the ownership of a parking space to a third party?
As the parking spaces do not have autonomous status and they are belongings to a separate object in a building (apartment, office, etc.), you should be aware that if you have purchased a parking space and decide to transfer it separately to a third party, this would (legally) be possible only if the counterparty of the transaction is also owner of a separate object in the same building.
The restriction applies regardless of the type of the property transaction – purchase-sale, donation, exchange, etc.
IMPORTANT! This restriction does not apply if you transfer the parking space together with the separate object (apartment, studio, office) in the building. The sale/donation/exchange then can be made to a third party.
IMPORTANT! You shall bear in mind that the above-mentioned restriction does not apply when it comes to the conclusion of a lease agreement. If you intend to rent a parking space you own, this can be done in favor of any third party.
What are the restrictions on acquiring a parking space?
There are similar restrictions on acquiring a parking space.
A person who does not own a separate object in the building (apartment, studio, office, etc.) is not legally allowed to purchase a parking space.
For example – if you own an apartment in building “A”, but want to purchase a parking space in the neighboring building “B” without owning a separate object in that building, this (legally) could not happen.
IMPORTANT! The restrictions on transferring/acquiring parking spaces apply regardless of their type (outdoor or covered).
Ако имате необходимост от съдействие във връзка с прехвърляне/придобиване на паркомясто или предекларирането му в данъчната служба, можете да се консултирате с адв. Дилян Колев.