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50,852 versus 9,553 decares: why Bulgaria's land restitution is still unfinished — and what the new bill proposes
16 September 2026

50,852 versus 9,553 decares: why Bulgaria's land restitution is still unfinished — and what the new bill proposes

On 16 September 2026 Bulgaria's Ombudsman, Velislava Delcheva, filed an opinion on the bill amending the Agricultural Land Ownership and Use Act. Her position is one of support in principle — with one serious objection.

The bill, tabled on 15 July 2026 and approved at first reading by the parliamentary Agriculture Committee with 13 votes in favour, 2 abstentions and none against, aims to close a process that began more than three decades ago. The figures and provisions below were verified in September 2026; the bill has not yet been finally adopted.

The figure that explains everything

The Ombudsman's opinion cites one example — Sofia Municipality:

Sofia MunicipalityArea
Land compensation owed50,852.518 decares (valued at BGN 30,733,910)
Land actually provided from the municipal land fund9,553.172 decares

In other words, the land provided covers less than a fifth of what is owed. At the fixed conversion rate of 1.95583, the stated value equals roughly €15.71 million (our calculation). One decare is 1,000 m², so the shortfall runs to over 41 km² in the capital alone.

Sofia is not an exception. The opinion also names Varna, the Rodopi municipality near Plovdiv and a number of others where owners hold recognised rights but have received neither land nor equivalent compensation. The same applies to properties in the so-called paragraph 4 territories — former user zones where the plans of newly formed properties have still not been drawn up.

Why this is not only a domestic matter

The Ombudsman recalls that the European Court of Human Rights has repeatedly characterised Bulgaria's failure to complete land restitution as a disproportionate interference with the right to property and a violation of a systemic nature. The recommendation has been to write into national law both deadlines for enforcing the administrative and judicial decisions that restore ownership of agricultural land, and a remedy allowing those affected to obtain compensation when those deadlines are missed.

In other words, closing restitution stopped being a purely domestic administrative question a long time ago.

What the bill proposes

The main changes that cleared first reading in committee:

  • Article 19 lands — until 31 December 2027 they may be transferred to municipal councils solely for the purposes of unfinished restitution procedures. The sponsors argue that until now there have been no effective restrictions on disposing of these properties.
  • Former co-operative farm yards (the paragraph 12 lands) — acquisition by adverse possession would no longer be available. In parallel, a five-year window is introduced in which owners of buildings on such land may acquire title to the land without paying the accrued sums for its use.
  • Market valuations — the value of limited property rights over state land fund plots would be set by independent valuers on genuine market terms. The requirement that lease and rental auctions be held within only two bidding sessions is dropped.
  • A temporary right of use of up to one year over vacant state land not occupied by buildings, facilities or farming activity.
  • A 10,000-decare cap per tenant or lessee of state land fund plots, aimed at reducing the concentration of state land in a small number of holdings.
  • A new methodology for the average rent payment, replacing the current model that relies on the highest and lowest recorded prices.

A working group will refine the contested texts before the second reading.

Where the Ombudsman disagrees

The objection is concentrated on compensation.

Once the options for providing land are exhausted, a reduction coefficient applies and claimants may instead receive registered compensation bonds. The problem the Ombudsman raises is that the real market value of those bonds is considerably lower than their face value. An owner who has waited decades for land ends up with paper worth less than the number printed on it.

Her three proposals:

  1. Widen the range of payments in which compensation bonds are accepted at face value, or introduce new compensation mechanisms that guarantee equivalence.
  2. Introduce an explicit prohibition on disposing of the land needed to complete restitution procedures until those procedures are actually completed, so that the resource is not dissipated in the meantime.
  3. Keep the average annual rent payment in the statute rather than delegating it entirely to secondary legislation; if it is delegated, the law should at least fix the criteria for calculating it, because the figure bears directly on the rights of small landowners.

She concludes by pressing for a comprehensive solution — a dedicated statute governing the completion of land restitution, which also accounts for the effects of the excessive delay.

What this means for property owners

The subject looks agricultural, but it reaches people who have never farmed anything.

1. If you hold a recognised but unfulfilled restitution right. The period to 31 December 2027 is the window in which Article 19 lands are reserved for exactly these cases. The first step is to check the status of your file at the municipal agriculture office. A decision on paper is not ownership — the right is proven by a final decision, a cadastral sketch and registration.

2. If you are inheriting. Recognised restitution rights pass to heirs, and many heirs simply do not know they hold them, particularly where the property sits in a home village no one has looked after for years. Where there are several heirs, the regime is the same as for any co-owned property: how a share is sold and when it ends in partition.

3. If you are buying farmland or a plot in a villa zone. The origin of the property matters. An Article 19 plot, a property in a paragraph 4 territory with no approved plan of newly formed properties, and a plot inside a former farm yard are three different legal regimes carrying three different risks. None of them is visible from the listing.

4. If you are relying on adverse possession. The bill closes that route for former farm yards. It is the second legislative step this year in the same direction — the package against property fraud also tightens the adverse-possession procedure before a notary. The direction of travel is clear: ownership will be proven with documents, not with possession.

What happens next

The bill has not been adopted. A working group and a second reading lie ahead, and the opinions filed by the Ombudsman, the national association of municipalities and the Ministry of Agriculture already indicate which texts will move. Until publication in the State Gazette, none of the above is binding law — but the direction is clear enough to plan around.

How we work with this

Checking the origin of a property is part of our standard work on every transaction, not a separate service. For farmland and plots that means looking at what the municipal agriculture office, the cadastre and the property register actually show before price is discussed — including whether the plot is an Article 19 property, whether it falls within a paragraph 4 territory, and whether the plan of newly formed properties has been drawn up and has entered into force. The full list of what we verify before signing is in our guide on legal checks before buying a property.

If you hold inherited land with unfinished restitution, or are considering a plot with an unclear origin, call us or drop by the office. We will look at the specific property and tell you what the registers say about it.

Sources: the Ombudsman's opinion of 16 September 2026, as reported by the Focus news agency; coverage of the bill's first reading in the parliamentary agriculture committee on 22 July 2026. Verified as of September 2026. The bill has not been finally adopted and its texts may change at second reading.

Author

Hristiyan Markov

Hristiyan Markov

Legal Counsel

Solving every case requires in-depth analysis and a professional attitude.