Grant of authorization for use

Grant of authorization for use

The procedure is regulated by the Law on Spatial Planning (LSP) Decree № 1 of 30.07.2003 on the nomenclature and structure types, Decree № 2 of 31.07.2003 commissioning of buildings in Bulgaria and minimum warranty periods for completed buildingand construction works, facilities and construction sites, Decree № 3 of 31.07.2003 on drawing up acts and protocols during construction.
The procedure aims at creating a document - "Permission to use" by which the contracting authorities of complete legally built construction from first to third category receive the right to use it for its intended purpose according to the construction papers. Depending on their characteristics, significance, complexity and risks of exploitation, the working stages are divided into six categories, in the first category the works of the highest significance are included, and in constructions sixth category are included works which do not require approval of development projects for issuance of building permit.The construction works of first, second and third category are being commissioned based on a use permit issued by the Directorate for National Construction Control Directorate (NCSD). The construction works of the fourth or fifth grade are being commissioned by the municipal authorities, and after the actual completion of construction and completion of acceptance tests, if needed, the contracting entity registeres with the issuing authority for construction,its commissioning. For constructions of sixth category there is no requirement for issuance of use permit or a certificate of use issued by NCSD or municipality. In cases where authorization for use of construction refers to special projects related to defense and security, authorization is issued by the Minister of Defence or the Minister of Interior.

Terms:
1 / "construction documents" are all the approved investment projects regarding operating or legalization of construction, building permit or retention permission and protocols for determining the construction line and level;
2 / "construction and assembling" are the works by which the buildings are constructed, repaired and reconstructed, rebuilt, or restored;
3 / "Constructionorder book" contains the following data:
• data about the location and name of the construction according to the issued building permit;
• data of the contracting authority for the construction supervision, builder, technical manager, designers in all parts of the project and for the individual, exercising technical control for part "Construction", etc .;
• all instructions and orders related to the implementation of the construction, issued by authorized persons and specialized control bodies as well as non-essential amendments of the approved projects prescribed by designer’s order.
Acts prior to the procedure for issuing a permit for using the constructions
After the actual completion of construction, an as-built documentation is prepared reflecting insignificant deviations from the coordinated plans by the contractor or the person designated by the contracting authority. The executive documentation contains a full set of drawings for actual construction and assembling works. It is certified by the developer, the builder, the person who exercised supervision of the individual, exercising technical control for part "Construction" and by the person who committed the construction supervision. The submitting is certified with the stamp of the administration affixed to all graphics and text materials.Theexecutive documentation is an integral part of the construction papers and documentation. When the construction is completed in accordance with approved investment projects, executive documentation is not submitted.After completion of construction, the contractor, designer, builder and the person exercising construction supervision,prepare records of findings which certifies that the construction is performed according to the approved investment projects, certified executive documentation requirements for construction works to comply with the technical specifications and requirements for accessible environment and the conditions of the contract. To this Act shall apply protocols regarding successfully conducted single tests of machinery and equipment. This act is performed at transferring ofconstruction by the constructor to the developer. After drafting the act regarding establishing the acceptability of construction, respectively a part or stage from it (Form 15 of Decree № 3/2003) , contracting authority or duly authorized person can take action to commissioning.

Competent authority
The application for a permit to operate must be in writing and addressed to the relevant competent authority. When operating permit applies to construction sites from first, second and third category, the request shall be addressed to the head of the Directorate for National Construction Control Directorate (NCSD) or to the head of the Regional Directorate for National Construction Control (RDNCC), depending on submitted to it powers by the head of the NCSD. The request shall state the address and contact telephone number. In cases where the operating permit concerns specific sites related to national defense and security, permission for use of the building is issued by the Minister of Defence, respectively by the Minister of Interior.

Necessary documents
The head of NCSD or person authorized by him, shall issue a permit for using the constructions based on: final report drawn up by the person exercising construction supervision for construction of the first, second and third category and Protocol 16 to establish suitability for use of the construction, compiled by the State Acceptance Commission (PDK) under Decree № 3/2003 on a proposal for issuing a permit.The  State Acceptance Commission appointed by order of the head of NCSD or a person authorized by him. Appointment of the Commission assignor or assignee should submit the following documents:
1. A written request from the contracting authority or person authorized by him with the specified address and contact telephone number;
2. The final report of the person exercising construction supervision to which it should be attached:
- Construction permit (retention permission);
- Protocol for determining the construction line and level,with  inspection results of reached
controlled levels of bottom excavation, foundations, ground zero, cornice and crest;
- Conclusive act establishing the acceptability of construction - Model 15 of Decree № 3/2003 d .;
- A document from the Cadastre Agency for providing built documentation, if needed;
- Certified Order book;
3. Ownership document or document for establishing the right to build in foreign property or document for the right to build in other property under a special law;
4. Contracts with the operating companies (Electricity, Water, BTC, etc.)for joining the networks of technical infrastructure.

Procedure course
The head of NCSD or an authorized by him person, appoints or refuses the appointment of PDK within 7 working days from submission of the request for authorization to use the completed construction sites from first, second and third category. In theOrder should be determined the reason for the appointment of PDK, the Chairperson and the name list of its members, their place of employment, position, date, time and place of its convening as well as the deadline for its completion, which should not be longer than 10 calendar days. Committee members have the right to require additional evidence of met requirements for construction and the right to free access to all parts of the building.PDK based on the inspection of the construction, presented documents, the deliberations of its meetings and the opinions of its members, drawns up a protocol- model 16 with a proposal for authorization for use of the building or a proposal for refusal of permission for use. The Commission shall complete its work with protocol-model 16 within the period for which it was appointed. When compiling a protocol-16 model in the period specified with the order, it is considered that there is a refusal to accept.

Deadlines
The head of NCSD or person authorized by him within 5 working days of submission of protocol-model 16 PDK:
1. authorizes the use of the building;
2. refuses to issue a permit for use of the building by a written reasoned refusal.
Use permit, which recorded minimum warranty periods, is a document that sets out the functional suitability of the building for use according to the construction papers. The use permit that was issued shall be handed personally to the contractor or to the authorized person. A copy of the authorization for use is stored indefinitely in the archives of NCSD together with the documents regarding its issue.

Refusal and appeals
The authorization for use or thepronounced refusal for its issuanceare individual administrative acts but are subject to appealing only by court order to the district court where the immovable property is, forSofia -before the Sofia City Court within 14 days from their announcement.