What Is a Notary Act?

In Bulgaria, all property transfers must be executed through a notarial deed (notary act). This is a formal legal document prepared and certified by a Bulgarian notary public. Without a notary act, no transfer of real estate ownership is legally valid. The notary act is then registered with the Registry Agency, which completes the ownership transfer.

When Is a Notary Act Required?

A notary act is mandatory for:

• Sale and purchase of real estate
• Donation of property
• Exchange of properties
• Establishing limited real rights (right of use, right to build)
• Division of co-owned property

Inheritance transfers follow a different procedure and do not require a notary act, though heirs may need one for subsequent transactions.

Documents Required

Both buyer and seller must prepare specific documents before the notary signing.

Seller Must Provide

• Title deed — the document proving current ownership
• Tax assessment certificate — issued by the local municipality, showing the tax value and confirming no outstanding tax debts
• Cadastral sketch and scheme — from the Cadastre Agency, showing the property boundaries
• Declaration under Article 264 of the Tax Code — confirming no outstanding public debts
• Declaration under Article 25(8) of the Notary Act — declaration of marital status
• Certificate of civil status — to verify marital status and potential spousal consent
• Identity document — passport or ID card

Buyer Must Provide

• Identity document — passport (for foreigners)
• Declaration under Article 264 of the Tax Code
• Company documents — if buying through a Bulgarian company (Trade Register certificate, manager’s decision to purchase)
• Power of attorney — if represented by another person (must be notarized)

The Notary Act Process Step by Step

1. Preliminary Checks

The notary verifies:

• The seller’s ownership title is valid
• There are no encumbrances (mortgages, seizures, claims)
• Both parties have legal capacity
• All required documents are present and current

2. Preparation of the Draft

The notary (or the buyer’s lawyer) prepares the draft notary act containing:

• Full identification of both parties
• Detailed property description with cadastral data
• Agreed purchase price
• Payment terms and method
• Any special conditions

3. The Signing Ceremony

On the appointed date, the process follows a formal protocol:

1. Both parties (or representatives) appear before the notary
2. The notary verifies identities with original documents
3. The notary reads the entire deed aloud — this is a legal requirement
4. Both parties confirm they understand and agree
5. All parties and the notary sign the document
6. The notary stamps and certifies the deed

4. Registration

After signing, the notary submits the deed to the Registry Agency for registration. This typically happens the same day. Registration is what makes the transfer legally effective against third parties.

Costs Involved

Cost	Typical Amount
Notary fee	0.1–1.5% of the higher of the sale price or tax assessment
Local transfer tax	0.1–3% (set by the municipality)
Registry Agency fee	0.1% of the declared value
Lawyer’s fee	Negotiable (typically 1–2%)

Important Notes for Foreigners

• All documents must be in Bulgarian or accompanied by certified translations
• Foreign documents may need an apostille or legalization
• If you cannot attend in person, a notarized power of attorney allows a representative to sign on your behalf
• The notary must be located in the district where the property is situated
• Payment is usually made by bank transfer before or at the time of signing

Work with a Troyan-Based Lawyer

The notary act process involves strict formalities where errors can delay or invalidate the transfer. Attorney Biser Dimov in Troyan guides foreign clients through every step, from document preparation to representation at the notary signing. Contact us to ensure your property transfer proceeds smoothly.