Residents and property owners in the “Kokalu” locality in Nessebar soon protested in front of the municipality building because they do not agree with the entry into force and implementation of the new regulatory plan adopted in 2019 for the expropriation and change of purpose of areas from the old regulatory period. Radost Marinkova, one of the victims, spoke to FAKTI.
– Mrs. Marinkova, how far have your relations with the mayor of Nessebar Nikolay Dimitrov reached in relation to the new Detailed Development Plan (DDP) at the moment…
– There is no development in the case. The wave of dissatisfaction is dictated by the fact that in 2019 a new PUP was approved in the municipality of Nessebar for the “Kokalu” locality. Units were the ones who were notified, and we understand about the new plan in 2023. And this is done with a notification letter, which requires us to provide access to the property and the necessary documentation. And according to this new PUP, half of the pool and half of the parking lot are taken away from us. To date, these parts of properties have been separated from private property, registered with new identifiers and are public municipal property. There are 36 apartments in our building that I am in charge of. If one of the owners of an apartment now wants to sell it, he enters a case because there are new ID numbers that do not correspond to those in the notary deed. The new ID does not match the old one. It is quite a complicated procedure and no one finds it necessary to notify us of the change that has occurred.
– How many people are affected?
– There are 36 homeowners in this building. I can’t say how many there are, but there are other residential buildings and hotels affected. The victims of about ten properties contacted me, but in reality there are many more.
– When and how were these buildings built over the years?
– I will talk about our building, which is from 2004 – it has all the necessary building documents and has been put into operation. It was one of the first and provided a line for the construction of many other buildings. All buildings are commissioned and have act 16.
– What is the reason there are new identification numbers now?
– As far as we understand, this is introduced because the status of the land in the entire neighborhood, which falls into this PUP, including for the extension of the streets, is unregulated land property. And the change of the Detailed Development Plan under Art. 16 of the ZUT is drawn up for territories with unregulated land properties, as well as for territories with unapplied first regulation according to a previous development plan. So this becomes a case today that has not been resolved for nearly 20 years. If so, why was this status not settled in 2004, when we submitted an application for construction. We have a building permit, we have commissioning. What is different today? And to add something, we are not protesting against the entire PUP, because there are also positive things in it, regarding the entire infrastructure of the neighborhood, we express our displeasure at the ridiculous design decisions that rob property owners with already built infrastructure.
One does not need to be so skilled in cadastre and geodesy to understand that the decisions were made in the interest of some, but at the expense of others.
The regulation does not apply where there is no built-up area – in this case I am referring to the former military unit, which is not a built-up property. The land of the military unit is also now private property because it was purchased. What’s different there? At the same time, the regulation only passes through certain private terrains. And supposedly “improvements” are being made in the interest of the citizens, but aren’t other interests being served…
– You organized a protest. What else have you taken…
– We submitted written opinions to the mayor, released an open letter through the media, addressed to the regional governor of Burgas, we wrote to the chief prosecutor, to the ombudsman with the desire to change this. Our proposal is to revise the new PUP and instead of widening existing such streets, to regulate the traffic in one direction. We hope and insist that during the next review of the PUP, if there is one to come, people from the initiative committee, house managers, owners of the affected properties will be invited, because the change of the streets can be done in such a way that it does not affect the properties.
– So there is a simple solution to the case…
– There is such a possibility. There are many victims of the new PUP, but few dare to challenge the local government. And again I want to return to the private property of which I am a representative. In our case study, the boundaries of the new PUP cross half the basin. From our side of the property, they take 6 meters. On the other side of the street there is a hotel, the building of which, when you open the cadastre, you can see that it is already built on the street. So it’s an illegal building. But you don’t put your hand there because it’s a building and it’s treated as a welded situation. And with us, the change affects the pool and parking spaces to the building, and let us take them. A hand is laid on the private property, which has a built and improved infrastructure. This infrastructure is the result of many years of investment. This ruin for us is not only material, but also emotional.
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Answer from the Municipality of Nessebar
In connection with the interest shown by the media and citizens in an event concerning protest actions of property owners in the “Kokalu” locality, Nessebar, Nessebar municipality, we provide you with the opinion of the municipality regarding the legality of the PUP – regulation plan for cadastral areas 51500.77, 78, 79, 80, 81, 82, 83, 84, 85, 86 in the land of the town of Nessebar and the chronology until its final entry into force.
The quoted PUP was commissioned for design in 2015.
After acceptance of the Assignment under Art. 125 of the Local Planning Act by the Municipal Expert Council on Territorial Planning – Nessebar and on the basis of a positive assessment by the RISW – Burgas, with the decision of the municipal council, the development and processing of a Detailed Development Plan was allowed. In order to allow the implementation, prior to the preparation and entry into force of the PUP-PR construction, using the opportunity created by the currently effective text of Art. Kokalu”.
Art. 59.(1) (Amended and supplemented, SG No. 65 of 2003, amended and supplemented, SG No. 82 of 2012, in force from 01.01.2025, amended on entry into force – SG No. 101 of 2015, amended on entry into force by SG No. 82 of 2012 – SG No. 1 of 2019, effective from 01.01.2019 ., amended regarding entry into force by SG No. 82 of 2012 – SG No. 107 of 2020) Outside the boundaries of the urbanized territories, construction is allowed subject to the provisions of the current general development plan for the territory of the municipality or for part of it, and on the basis of an active development plan for a landed property or for a group of landed properties or a parcel plan for the elements of the technical infrastructure, after changing the purpose of the land, when this is required by the order of a special law, except in the cases under art. 109, paragraphs 2 and 3 ……..
In the processed PUP-PZ, control was exercised regarding the location of the constructions with a view to future regulation of the properties in accordance with the text of Article 60, Paragraph 1 of the ZUT.
The design task is fulfilled in accordance with the law, not allowing construction in the vicinity of breaks or strips, given to roads, streets or neighboring land properties, and by leaving a free area for the construction of new or for the expansion of existing streets.
The project for the PUP-PR was prepared on the basis of the cadastral map of the city of “Kokalu” that came into force and is in accordance with the PUP-PZ that came into force and the legally constructed buildings in the PI with a changed purpose.
Given the absence /at that time/ of the PUP-PR, no permits were issued for fences on land properties in the locality. Pools permitted for construction in some properties are in accordance with their future regulation.
The prepared PUP-PR was announced with announcement No. H2-UT-1085/13.02.2017 /on the website of the Municipality of Nessebar and on the notice board/, it was published in the newspaper “24 chasa” /local “24 chasa” on 16.02.2017/ and in the State Gazette number 19/28.02.2017
All the required documents have been prepared for the project / Sketch-project No. 15-14298/09.01.2019 by SGKK, Burgas, together with Certificate No. 25-5133/09.01.2019 for acceptance of a project to amend the cadastral map and the cadastral registers for all land properties in the town of “Kokalu”, z-shte. Nessebar, falling in cadastral areas 51500.77, 78, 79, 80, 81, 82, 83, 84, 85 and 86.
Decision No. КЗЗ-03/28.02.2019 of the Commission for Agricultural Lands for the approval of a design route for the realization of the object “PUP-PR for cadastral areas”.
Appraisals were prepared, from which it was established that the market value of the regulated land properties is not less than the market value of the properties before their regulation, which fulfills the requirement of Art. 16, Para. 4 of ZUT.
PUP-PR was approved by Decision No. 1148 of Protocol No. 40/05.09.2019 of the Nessebar Municipal Council. The decision was published in D.V. issue 75 of 24.09.2019. In 2019, two appeals against the decision of the municipal council were filed in the municipal administration of Nessebar. Both were rejected by the Administrative Court of the city of Burgas and, on appeal, by the Supreme Court of the Republic of Bulgaria, and the decision is final.
On the basis of Article 132, Paragraph 1, Item 3 of the ZUT, Decision No. 1148 of Minutes No. 40/05.09.2019 of the Municipal Council of Nessebar entered into legal force on 05.12.2022. As can be seen from the presented chronology, the procedures for approving the plan have been followed. The PUP-PR finally adopted for the city of “Kokalu” cannot be defined as discriminatory or violating property rights, because through it, for public needs, only 8 to 11% of the legally established up to 25% of the area of the plots.
At the time of the final entry into force of the PUP-PR, objects – fences, pools, gazebos, parking lots, playgrounds and park landscaping – were completed without the necessary project documentation and construction permits, which classifies them as “illegal constructions”. The concept of “legalization” is missing from the current legislation.
The municipality of Nessebar does not tolerate illegal construction, even more so when it compromises the provision of the territory with the planned public pedestrian and transport spaces. The construction and maintenance of urban infrastructure and street network, with its adjacent sidewalks, lighting and landscaping, are the responsibility and basic commitment of every municipality, and hindering them is contrary to the public interest. Any limitation of the possibility of movement reflects on economic activities and brings a negative image and economy, both for the institution and for the citizens.
The municipality of Nessebar continues the construction of new and renovation of existing infrastructure in the town of Kokalu, in accordance with the current legislation.
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2023-08-09 06:02:00
#Nessebar #PUP #left #pool #Radost #Marinkova #FACTS
