Distribution of Powers between the Minister of Investment Planning and the Minister of Regional Development under the Spatial Planning Act

08_Distribution of Powers_september_2013_GI

The Amending Act to the Spatial Planning Act was promulgated in The State Gazette on 26 July 2013. In accordance with that law, the powers of the former Minister of Regional Development and Public Works[1] were split between the new Minister of Investment Planning and the new Minister of Regional Development. The functions of the former single portfolio are basically laid down in the law as follows:

The Minister of Investment Planning exercises methodological guidance and control of the operations of the participants in the investment process, as well as the activities related to the permission, approval and commissioning of completed works.

In the new separate Ministry of Investment Planning the new Minister has the following main functions to:

  • Authorize the drafting of detailed development plans;
  • Approve detailed development plans;
  • Coordinate investment concept designs;
  • Approve technical and working investment projects;
  • Issue building permits.

These powers refer to projects within a single region[2] which are:

  • Specified in an act of the Council of Ministers as projects of national importance and/or national projects; and
  • Construction projects in Category One or Two with an indicative value exceeding BGN 10 million financed with public resources.

The Additional Provisions of the Act (§ 1, subpara 83) introduce the legal definition of the term “public resources”; these are the resources provided from the state budget, as well as the resources from the EU funds, including the EU financial instruments.

A National Investment Planning Expert Board is envisaged to assist the Minister of Investment Planning. The Board will operate as a consultative auxiliary body that will review the submitted drafts of detailed development plans which meet the above mentioned criteria and propose them for approval to the Minister.

The amendments to the legislation retain the existing opportunity for Municipal Councils to submit drafts of development master plans of territories under special protection and other development master plans to be reviewed by the National Investment Planning Expert Board. The territories under special protection, within the meaning of the legal definition set out in the Spatial Planning Act (§ 1, subpara 83 of the Additional Provisions), are as follows: protected territories for natural conservation, territories under cultural and historical protection, as well as certain territories with specific features (high mountainous areas, border areas, the sea cost, the territory of the capital city and others), landslide areas and sanitary protection areas around water supply sources.

The Minister of Investment Planning exercises control over the activities of the National Building Supervision Directorate.

Pursuant to the amendments to the Spatial Planning Act the Minister of Regional Development guides the government policy in the sphere of territorial planning and development, while coordinating the activities of local governments and local administration.

The following powers remain within his or her exclusive competence:

  • Authorize the drafting of detailed development plans;
  • Approve detailed development plans;
  • Coordinate investment concept designs;
  • Approve technical and working investment projects;
  • Issue building permits.

These powers refer to projects:

  • Covering the territory of more than one region; and
  • Projects of national importance and/or national projects as specified by law.

The National Expert Board for Territorial Planning and Development and Regional Policy continues to operate under the Minister of Regional Development. The Board reviews the submitted drafts of detailed development plans for projects covering the territory of more than one region and those of national importance and/or national projects as specified by law.

Another function which the Minister of Regional Development has retained is the power to impose a ban on construction works for the purpose of reviewing the overall stability of landslide areas and implementing land protection measures.

This is a brief outline of the distribution of powers under the Spatial Planning Act between the Minister of Investment Planning and the Minister of Regional Development after the restructuring of the former Ministry of Regional Development and Public Works and the establishment of the Ministry of Investment Planning.

[1] Members of the new Government of the Republic of Bulgaria elected with a decision of the National Assembly on 31 May 2013 are the Minister of Regional Development and the Minister of Investment Planning instead of the Minister of Regional Development and Public Works, a portfolio in the previous Government.

[2] Regions and municipalities are the administrative territorial units into which the Republic of Bulgaria is divided. Each region encompasses one or more adjacent municipalities. The total number of regions is 28 (it is fixed in the Administrative and Territorial Division Act of the Republic of Bulgaria.