How do you check a property for encumbrances before buying?
In the Property Register at the Registry Agency. It shows registered mortgages, distraint orders, lawsuits and rights of third parties over the property.
Is the notary responsible if the property turns out to have encumbrances?
No. The notary is not responsible for an in-depth legal check of the property. That is a separate service that has to be ordered expressly.
Buying a property that carries encumbrances, or buying from someone who is not the owner, can be very expensive. A legal check is a must before you sign any document or pay any deposit.
Why the check is essential
Every year transactions are concluded in Bulgaria in which the buyer later discovers hidden encumbrances, disputed rights or even fraud. The notary is responsible only for the form of the deed, not for the history of the property. A lawyer is the only participant in the transaction whose interest coincides entirely with yours. My fee for a legal check is many times smaller than the potential loss on a problem transaction.
The Property Register
The main check is made in the Property Register at the Registry Agency. It records:
- Notarial deeds of ownership
- Mortgages and pledges
- Distraint orders registered by courts and private enforcement agents
- Lawsuits relating to the property
- Rights of third parties in the property
Tax liabilities
You need to check whether the property has unpaid tax liabilities, because they follow the property.
The Cadastre
In the cadastre I check the boundaries of the property, its area and whether there are discrepancies with the ownership documents.
The regulation plan
For plots and land it is important to check the regulatory status and whether the property is affected by development plans.
The chain of ownership
I trace the “history” of the property — all earlier transfers for the last 10 years and more. The aim is to establish whether the seller is the lawful owner and whether there were disputed transactions, unpaid inheritances or sham transfers made to hide assets from creditors.
The preliminary contract — why it matters
A preliminary contract is not mandatory by law, but it is strongly recommended. It fixes the price, the deadline for concluding the notarial deed and the terms of the transaction. If the seller refuses to perform the preliminary contract, the buyer can ask the court to declare it final. I draft the preliminary contract so that it protects the buyer’s interests in every scenario.
What the notary does and what the lawyer does
The notary certifies the identity of the parties and the form of the notarial deed, but is not obliged to check the history of the property or to find hidden encumbrances. That responsibility lies with the lawyer. That is why it is important to have your own lawyer, independent of the notary chosen for the transaction.
Buying from abroad — remotely
If you cannot attend in person, the transaction can be carried out under a notarised power of attorney. I act on your behalf — I check the property, sign the preliminary contract and attend the notarial transaction. More on my real estate page.
Partnership with an agency — 50% off the commission
My clients get a 50% discount on the agency commission when they buy through my partner agency, one of the leading ones in Plovdiv. You get estate-agent service and an independent legal check by a lawyer at the same time. For details call +359 896 963 447.
Checking a building under construction
When buying an apartment in a building under construction, the check is more complex — it includes the building permit, the approved architectural design, the contract with the investor and the rights over the land. It is important to check whether the construction is financed by a bank loan: if it is mortgaged to a bank, the buyer may buy an apartment that carries a mortgage in favour of the bank. I check all these risks. See also buying off-plan.
Deadlines and practical advice
A legal check of a property usually takes 1–3 working days in a standard case. In more complex situations — inherited properties, agricultural land, properties with many earlier transfers — it can take longer. It is best for the check to begin before the preliminary contract is signed, not after. I carry out legal checks of properties in Plovdiv and across Bulgaria. Call +359 896 963 447 for a consultation.
Buying a property in Bulgaria? Have it checked before you pay a deposit.
+359 896 963 447Frequently asked questions
Nikolay Hristev, Plovdiv Bar Association