The New Paragraph 16 of Article 148 of the Spatial Development Act Cover Image

Новата алинея 16 на чл. 148 от Закона за устройство на територията
The New Paragraph 16 of Article 148 of the Spatial Development Act

Author(s): Ivelina Velcheva
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Великотърновски университет „Св. св. Кирил и Методий”
Keywords: spatial planning; development; street regulation; detailed development plan; alienation proceedings; compensation; permission of construction; construction under and above streets; right to property

Summary/Abstract: This paper focuses on paragraph 16 of Article 148 of the Bulgarian Spatial Development Act, as well as on the need of establishing this new regulation, the means for applying the street regulation provided in the detailed development plan, and the history of development laws in Bulgaria. It considers the new provision in terms of its meaning for better urban planning of settlements and construction of infrastructure necessary for the development of property, such as pavements, streetlights, landscaping, etc. The legal order established by the Bulgarian Constitution is guaranteed through meeting the requirement for public interest and the principle of proportionality under alienation of private property for the purpose of applying street regulation.

  • Issue Year: 21/2021
  • Issue No: 1
  • Page Range: 100-106
  • Page Count: 7
  • Language: Bulgarian