A new home rarely shows all its weaknesses on handover day. A crack above a door, damp in a corner after the first heavy rain, a radiator that stays cold or a balcony door that will not close — these usually appear months later. The good news is that Bulgarian law gives buyers a fair amount of time and several routes to a remedy. The bad news is that deadlines and procedure matter, and mistakes are costly.
Construction warranties are governed by Ordinance No. 2 of 31 July 2003 (issued under Art. 160(3) of the Spatial Planning Act, ЗУТ). Under Art. 20, the warranty period is set in the contract between the developer (the client, възложител) and the builder, but it cannot be shorter than the statutory minimum. Since the November 2019 amendment (State Gazette No. 89/2019), the minimums for a residential building are:
| Type of work | Minimum period |
|---|---|
| Newly built structure, including the foundation ground | 10 years |
| Waterproofing, thermal and sound insulation, anti-corrosion work (non-aggressive environment) | 7 years |
| Internal building installations (plumbing, electrics, heating, etc.) | 7 years |
| All other construction, installation and finishing work — floor and wall finishes, windows and doors, metalwork, carpentry | 5 years |
Two details matter:
This is where buyers often get confused: an apartment buyer usually has no contract with the builder — only with the developer/seller.
1. The seller, under the Obligations and Contracts Act (ЗЗД). The seller is liable for defects that materially reduce the property's value or its fitness for ordinary use (Art. 193 ЗЗД), even if it did not know about them. Any clause releasing the seller from this liability is void. The buyer may choose (Art. 195 ЗЗД) to ask for a price reduction, to fix the defect at the seller's expense, or — for a material defect — to terminate the sale; damages can be claimed on top.
The deadlines, however, are short: claims under Art. 195 are time-barred one year after handover of real property, or three years if the seller knowingly concealed the defect (Art. 197 ЗЗД). The law lets the parties extend or shorten this period by contract — so read the defects clauses carefully at the preliminary-contract stage.
2. The warranty under Ordinance No. 2. This warranty arises from the contract between the developer and the builder. Under established case law (Interpretative Decision No. 37/1984 of the Supreme Court's civil assembly, followed by many courts), warranty rights do not pass automatically to the apartment buyer. Some courts have ruled the other way, but practice is not uniform. The practical fix is contractual: ask for a clause in which the developer expressly undertakes to remedy latent defects within the warranty periods, or assigns its warranty rights against the builder to the buyers.
3. The builder, under the Spatial Planning Act. The builder is liable for damage caused by its own culpable acts or omissions (Art. 163(3) ЗУТ). The Supreme Court of Cassation has accepted (Decision No. 579/2011, civil case 1932/2009) that the end buyer can bring such a claim. The general five-year limitation period applies (Art. 110 ЗЗД), but fault and causation must be proven — usually through an expert report.
Under Art. 194 ЗЗД, once you accept the property you must inspect it within a reasonable time and notify the seller without delay of any defects you notice. If you do not, the property is deemed approved — except for latent defects that an ordinary inspection could not reveal. That is why the handover inspection matters.
Sign a handover protocol (приемо-предавателен протокол) with a snag list attached. Check:
Describe each issue specifically, with a photo and a deadline for the fix. Signing "no remarks" does not waive your rights for latent defects, but it weakens your position on visible ones. If you are buying a shell-and-core unit the inspection is narrower — see also our guide to finishing a shell apartment.
Watch the calendar: the one-year period under Art. 197 ЗЗД passes quickly, and negotiations do not stop it. If the seller is dragging its feet, speak to a lawyer before it runs out.
Defects in common parts — roof, façade, basement waterproofing, lift — affect all owners. Claims work best when made collectively, with a decision of the owners' general meeting and an authorised representative, rather than flat by flat.
The minimums are 10 years for the structure, 7 for waterproofing and internal installations, 5 for finishes, running from Act 16. But claims against the seller under the Obligations and Contracts Act must be brought within one year of handover — so a careful handover inspection, prompt written notice and a good contract clause are the cheapest protection you have.
Verified October 2026. This is general information, not legal advice for a specific case.
Buying a new-build home, or already dealing with a defect? Call us or visit our office — we will go through the contract with you and help with the handover inspection.
