(A comparison with the English, German, French and Italian regimes, focusing on the minimum scope of design approval for building permit)
With a view to the Bulgarian Society of Construction Law’s goals to lessen the burden of bureaucracy and overregulation on construction, the Society publishes the chairman Adriana Spasova’s dissertation on the issue of bureaucracy on construction works in Bulgaria as compared to leading European states. The dissertation has a detailed description of the procedures for permitting of all types of construction works in Bulgaria. It becomes obvious that the same amount of documents and permits is required for construction works of highest complexity (1st category works) as well as for construction works of lower complexity (e.g. 5th category works). Unlike leading European states researched in the study, only in Bulgaria there is no proportionality of the burden of procedures with the risk for the population, economy and environment. Despite relatively more burdensome procedures and a large number of project documents required for a construction permit, it is solely in Bulgaria where no aesthetic evaluation of construction works is required (we dare say this is because of a wrongly applied liberalization of the investment process that has led to the building of low aesthetic quality buildings in Bulgaria). The dissertation recommends that the procedures shall be simplified and certain overlapping functions such as the double supervision of an investment design by an independent supervisor and by the relevant administration shall be removed. The dissertation outlines the benefits of hiring an independent consulting company for design supervision and the simplification of the construction process from transferring more functions to the consultant. Adriana Spasova is a civil engineer and master of construction law and dispute resolution from Kings College, London.
The full text of the dissertation can be downloaded here.