1. Identify the defect and the relevant contract
Collect the notarial deed, preliminary contract, construction or finishing agreement, technical specifications, handover record and warranty documents. Record when the property was delivered, when the defect first appeared and when you notified each potentially responsible party.
Have a suitably qualified specialist assess the cause, extent and repair options. A stain may be caused by the roof, a shared pipe, a neighbouring apartment or work inside your own property. The visible symptom alone does not identify the legally responsible person.
2. A claim against the seller
Articles 193–197 of the Obligations and Contracts Act regulate defects in a sale. Article 193 concerns defects that substantially reduce value or fitness for ordinary or agreed use. The seller may be liable even without knowing of the defect; defects known to the buyer at the sale are treated differently.
Article 194 requires inspection within the time normally needed and prompt notification of discovered defects. For hidden defects that an ordinary inspection would not reveal, notification should follow immediately after discovery. The statute contains an exception where the seller knew of the defect. Do not rely on proving that knowledge when a clear, documented notice can be sent.
Depending on the circumstances, Article 195 provides remedies involving return of the property and price, a reduction of the price or removal of defects at the seller’s expense, alongside the applicable rules on damages. Selecting and pursuing a remedy for real estate requires attention to form and procedure; simply returning the keys does not reverse a notarial transaction.
3. A claim arising from construction work
If you are the customer under a construction or works contract, Articles 264–265 provide a separate framework. Visible deficiencies should be recorded on acceptance; hidden deficiencies or those appearing later require prompt notification after discovery, subject to the statutory exception for the contractor’s knowledge.
Article 265 allows, as applicable, correction within a suitable period without extra payment, the necessary repair costs or an appropriate reduction of remuneration. Substantial defects making the work unsuitable for its contractual or ordinary purpose may justify termination.
The buyer of a completed apartment is not necessarily the customer under the developer’s contract with the builder. Before pursuing the builder directly, examine contractual rights, any transfer of claims, warranty undertakings and other potentially applicable grounds.
4. Keep the different clocks separate
| Basis | Timing issue to check |
|---|---|
| Sale of real estate | Article 197 generally gives one year from delivery for the buyer’s Article 195 claims; conscious concealment by the seller carries a three-year period. The provision permits agreed changes to the period. |
| Defective construction work | Article 265 provides a five-year period for construction-work remedies. Acceptance and the specific nature of the claim must be assessed. |
| Construction guarantee | Article 160 of the Spatial Development Act and Ordinance No. 2 of 31 July 2003 govern minimum guarantee periods. The relevant work category matters; the statutory guarantee period runs from commissioning. |
These are not interchangeable deadlines. A long construction guarantee does not automatically extend the shorter sale-defect period. A reminder or a promise to inspect is not a safe substitute for checking whether proceedings or another legally effective step are needed.
5. Document the condition before repairs
- Photograph and date the affected areas, including the wider location.
- Keep expert findings, measurements, repair estimates and damaged-item records.
- Notify the appropriate party in writing and keep proof of receipt.
- Offer a reasonable inspection opportunity where safe and appropriate.
- Record emergency steps, invoices and the reason immediate work was necessary.
Protect people and prevent further damage. If urgent repair is necessary, document the original condition as fully as practicable before it disappears. Where evidence may be lost or disputed, a lawyer can assess judicial preservation of evidence, including expert inspection, under Articles 207–209 of the Civil Procedure Code.
6. Common parts require coordination
Roof, facade, structure and shared-installation defects may affect several owners. Establish whether the component is a common part, who has authority to act and how access, inspection and repair decisions will be organised. An individual apartment owner, the condominium’s management and contractual beneficiaries may have different roles.
Keep the technical diagnosis separate from the allocation of cost. Paying an emergency building invoice does not by itself resolve who must ultimately bear the expense.
7. Put a repair settlement in writing
A useful repair agreement specifies the defect, work method, access, responsible contractor, completion date, verification and treatment of consequential damage. Avoid a blanket statement that there are no defects or outstanding claims before the agreed repair has been checked.
Illustrative example: a buyer reports moisture and accepts repainting. If the water source remains unresolved, a signed “full and final settlement” may create a new dispute. The agreement should identify whether it settles only the repainting or also the underlying defect and related loss.
Legal sources and scope
- Obligations and Contracts Act
- Registry Agency legislation: Civil Procedure Code and Spatial Development Act
- Regional Development Ministry: Ordinance No. 2 of 31 July 2003
Official sources are in Bulgarian. The English and Russian explanations are not official translations of the legislation.