Neighbour disputes over boundaries, fences and trees in Bulgaria: distances, who pays for the fence, branches and roots across the boundary — what the law says

Most neighbour disputes start with something small — a fence, a tree, a dripping roof edge — and end up in court because nobody knew exactly what the law says. Here are the main rules for houses and gardens in Bulgaria.

1. Where exactly the boundary is

The boundary is not where the fence is. It is where the cadastral map and the title documents put it. Cadastral data are evidence until proven otherwise — if you think they are wrong, you have to prove it.

How to find out:

• Get sketches of both plots from the cadastre.
• Hire a licensed surveyor to set out the boundary points on the ground. It is the cheapest way to end a dispute before it starts.
• If the cadastre is wrong, the correction procedure is explained in our guide to errors in the cadastral map. If the dispute is about who owns a strip of land, a court decides.

Note: if a neighbour has possessed a strip of your plot as their own for a long time, they may claim to have acquired it by prescription. So don't wait for years if you know the fence has been moved.

2. Fences: what the Spatial Planning Act allows

The rules are in Art. 48 of the Spatial Planning Act:

Fence	Rule
Towards a neighbouring regulated plot	placed in equal parts on both plots, height up to 2.20 m
Towards the street	solid part up to 0.60 m, see-through above it
Solid fence over 0.60 m towards a neighbour	with the neighbour's express written consent
On sloping ground	the solid part is measured from the level of the lower plot

When you need a building permit:

• Not needed for light see-through fences or solid fences up to 0.60 m within the plot (Art. 151(1)(11)).
• Needed for solid fences from 0.60 to 2.20 m, but without approval of an investment design (Art. 147(1)(7)).

A 2-metre solid fence built without a permit and without the neighbour's consent is an illegal structure — it can lead to a demolition order.

3. Who pays for the fence

Since the law puts the fence on the boundary itself, in equal parts on both plots, it is in practice shared. The sensible approach is to agree in writing on the type, height, material and how the cost is split — usually half each. A short agreement signed by both of you saves years of argument.

If the neighbour refuses, take advice before you build. A see-through fence entirely on your own land, at your own cost, is often the quickest solution — but then the strip beyond it is still yours, and you should not "give it away" over the years.

4. Trees: how far from the boundary

Art. 52 of the Property Act sets minimum distances from the boundary:

Trees	Distance
Tall	3 m
Medium	1.5 m
Low	1 m

If a tree is planted closer, the neighbour can ask the mayor of the municipality or district for permission to have it moved. More on choosing trees and distances in our guide to a garden for a house near Sofia.

5. Branches and roots across the boundary

Branches overhanging your garden and roots growing into it are not yours — but you do not have to put up with them forever. The law lets the affected neighbour ask the mayor for permission to cut them back.

In practice:

1. Talk to the neighbour and suggest they trim them — often that is enough.
2. If they refuse — a written request to the mayor of the district or municipality.
3. Don't fell a whole tree yourself, even in your own garden: removing long-lived ornamental trees normally needs a permit under the local ordinance.

6. When talking doesn't help

• Mediation — faster and cheaper than court, especially when you will be living side by side for years.
• The municipality and the National Construction Control Directorate (ДНСК) — for an illegal fence or structure.
• The court — under Art. 109 of the Property Act you can ask for any unjustified interference with the use of your property to be stopped. If the dispute is about who owns a strip of land — with an ownership claim.

If a neighbour crosses your yard because they have no other access, the issue is an easement — covered in our separate guide to easements and rights of way.

7. If you are buying a house or a plot

• Compare the sketch with the fence on the ground — a one-metre discrepancy is common.
• Ask the seller and the neighbours about disputes, past or current.
• Look at trees on the boundary — large walnuts, poplars and pines can become a problem.
• Check that solid fences have a permit.

More on checking a plot in our guide to buying a plot to build a house.

In short

• The boundary is where the cadastre shows it, not the fence. If in doubt — a surveyor.
• A fence towards a neighbour sits on the boundary, up to 2.20 m; solid above 0.60 m needs the neighbour's consent and a building permit.
• Agree in writing on the fence and the cost.
• Trees: 3 / 1.5 / 1 m from the boundary; for branches and roots — the mayor's permission.
• The last step is the court — Art. 109 of the Property Act.

If you have a dispute over a boundary or a fence, or are buying a property and want us to check the boundaries before the deal, call us or come into the office.

This is general information, not legal advice for a specific case. Verified as of October 2026.