Diagonally Across the Law: Bratsigovo Municipality Ignores Illegal Construction by Mother of Politician Delyan Dobrev

Illegal construction linked to the mother of politician Delyan Dobrev has shed light on numerous violations by officials at Bratsigovo Municipality and raised suspicions of special treatment by the public prosecution and the court.

In September 2023, Zlatka Dobreva started construction works on a municipal plot in Atoluka, a popular forested area near the village of Ravnogor in the Rhodope Mountains. The works began even though the project’s design visa had been declared null and void by the Supreme Administrative Court (SAC) several months earlier, and the building permit – issued based on the null and void design visa – had not yet entered into force, as it is the subject of a pending legal dispute.

“From a legal point of view the case is clear: the construction activity is illegal and Bratsigovo Municipality should have taken the necessary measures to stop it,” said Daniela Peneva, a legal expert at the Anti-Corruption Fund Foundation (ACF).

For years, however, the municipality not only failed to act but also repeatedly ignored instructions issued by the Directorate for National Construction Control (NCSD) and the Regional Directorate for National Construction Control (RNCSD-Pazardzhik). As a result, today, the plot in the popular resort area boasts an almost completed two-storey villa built in violation of the legislation.

The special treatment of Zlatka Dobreva is not limited to the refusal to stop the illegal construction.

At the end of November 2019, Dobreva acquired a wooden pavilion with a built-up area of 30 sq. m. in Atoluka. In October 2020, the mayor of Bratsigovo Municipality issued a property deed declaring the plot private municipal property. A design visa was also issued. Several days later, the wooden pavilion was demolished. However, two months later, the municipality granted Dobreva the right to reconstruct the non-existing pavilion.

“The lack of a design visa for new construction means that the very first step of the legal procedure for permitting construction was flawed,” Peneva said.

The violations continue.

At the end of November 2019, Dobreva acquired a wooden pavilion with a built-up area of 30 sq. m. in Atoluka. In October 2020, the mayor of Bratsigovo Municipality issued a property deed declaring the plot private municipal property. A design visa was also issued. Several days later, the wooden pavilion was demolished. However, two months later, the municipality granted Dobreva the right to reconstruct the non-existing pavilion.

“The lack of a design visa for new construction means that the very first step of the legal procedure for permitting construction was flawed,” Peneva said.

The violations continue:

– The investment project submitted by Zlatka Dobreva has not been properly coordinated and approved by the municipal administration.

– Despite the lack of a valid design visa and an approved investment project, the municipality issued a building permit on 22 December 2020.

– On 15 January 2021, the construction site was opened despite the initiation of legal proceedings contesting the design visa and the building permit.

– Procedures under the Biodiversity Act and the Environmental Protection Act have also been violated – illegal logging of pine forest and construction in the Natura 2000 area.

– Bratsigovo Municipality has also failed to fulfil its obligation to notify interested persons – owners of neighbouring properties – of Dobreva’s construction plans.

On 8 July 2021, the NCSD informed the District Prosecutor’s Office and the Reginal Prosecutor’s Office – Pazardzhik of the case and ordered Nadezhda Kazakova, Mayor of Bratsigovo Municipality, to stop the illegal construction. In three letters dated 11 June 2021, 1 September 2023 and 5 September 2023, RNCSD-Pazardzhik also ordered Kazakova to exercise her authority and stop the illegal construction.

Regarding the lack of measures to stop the illegal construction, Kazakova states in a letter: “Once the final court decision comes into force, the necessary measures will be taken, depending on the outcome of the case. If the building permit is revoked, then steps will be taken to stop the construction under Art. 224a of the Spatial Planning Act.”

According to Peneva, the statements in Mayor Kazakova’s letter contravene the law.

“Construction activities are carried out only on the basis of valid construction permits, which are missing in this case. Any building constructed without such documents is illegal and should be removed.”

Contacted in 2021, the prosecutor’s office has found no evidence of a crime, refusing to initiate criminal proceedings.

The legal dispute against the building permit is now in its fourth year. The proceedings are conducted by Judge Eva Pelova in a very curious manner. After accepting several technical reports, which proved beyond doubt the lack of valid construction permits, Judge Pelova terminated the proceedings at the end of last year, on the grounds that the complainant had no legal interest in the case. In June 2023, the Supreme Administrative Court revoked Pelova’s decision and remanded the case for reconsideration. Since then, Judge Pelova has held several hearings to gather evidence not relevant to the dispute, including evidence concerning properties belonging to the complainant.

Meanwhile, the construction is nearly complete although it remains illegal.

“Buildings constructed without permits are illegal. Such buildings are not subject to procedures to make them per the law but only to removal,” the ACF legal team said.

According to ACF director Boyko Stankushev, the refusal of the mayor and the chief architect of Bratsigovo to fulfil their obligations, as well as the actions of some public institutions, are very disturbing.

“The details of this case raise suspicions of special institutional treatment of Zlatka Dobreva,” said Stankushev. “We can only speculate whether this treatment was due to her familial relationship with Delyan Dobrev. However, one cannot but notice the violations of the legislation to the detriment of interested citizens and to the benefit of a person directly related to a politician from the party with the largest representation in the Bulgarian parliament.”