Legalizing a Building Without Documents — Tolerance Certificate
You have an old building without permits? The tolerance certificate is the legal way to register it in cadastre and sell it — if conditions are met.
You bought a property with an old building but no documents? Inherited a village house your grandfather built without permits? The tolerance certificate is the legal mechanism to obtain official status for this building — without demolition or sanctions.
What “tolerance” is
Per § 16 of the Transitional and Final Provisions of ZUT, buildings constructed without permit but meeting certain conditions are considered “tolerated” and cannot be removed or sanctioned. They receive a tolerance certificate giving them official status.
Conditions for tolerance certificate
Not every old undocumented building is tolerated. Conditions:
1. Construction date
- Buildings built before April 7, 1987 — no proof needed that no permit was sought;
- Built between April 7, 1987 and March 31, 2001 — fall under “tolerance” in certain cases;
- Built after March 31, 2001 — CANNOT receive tolerance certificate, only legalization through general procedure.
2. Compliance with active development rules
- Building must comply with active PUP rules at time of construction;
- Must not violate normative distances from regulation lines and neighbors.
3. Documentation of construction date
- Aerial photos from the period (State Archive);
- Identity certificate from municipality;
- Witness testimony (notarized);
- Old notarial deeds describing the building;
- Utility supply contracts.
Procedure
Step 1: Geodetic survey
We visit and survey the building — footprint, height, distances from boundaries, all essential elements.
Step 2: Proving construction date
Most critical legal moment. We prepare State Archive applications for aerial photos, municipality applications for register certificates, notarized witness declarations.
Step 3: Tolerance certificate application
We submit the document set to the municipality. Includes geodetic survey + drawings, date proof, property sketch, application form, ownership documents.
Step 4: Municipal review
Chief Architect reviews documents and on positive assessment issues Tolerance Certificate. Term: 30 days statutory (often 1-3 months in practice).
Step 5: Cadastre registration
After receiving the certificate, the building is registered in the cadastral map. We submit cadastre amendment project to AGCC. After approval — you receive a sketch with unique identifier.
Time and cost
| Stage | Time | Cost |
|---|---|---|
| Geodetic survey + drawings | 1–2 weeks | from 350 BGN |
| Archive work for date | 1–4 weeks | from 200 BGN (excl. archive fees) |
| Submission and waiting | 1–3 months | state fee ~50 BGN |
| Cadastre registration | 1–2 months | state fee |
| Total | 3–6 months | from 700 BGN + fees |
Cases we cannot help with tolerance
- Buildings built after March 31, 2001;
- Buildings on someone else’s land without consent;
- Buildings in protected territories with gross violations;
- Buildings with structural violations endangering safety.
In these cases — different procedure (legalization per Art. 184 ZUT or removal).
Why not delay
- Without official status you cannot sell the building as completed;
- Cannot mortgage for credit;
- Cannot inherit as a clear object;
- Risk of municipality demanding removal in the future.
With timely tolerance procedure you obtain full legal status for years ahead.
Conclusion
Tolerance certificate is a complex administrative procedure, but for buildings before 2001 it is almost always a possible solution. The key is good document preparation and geodetic survey.
See our cadastre services or send an inquiry describing the building and approximate construction year.
Author: GM Engineering