site.btaJustice Minister Seeks Disciplinary Proceedings against Second Notary over Varna Illegal Construction Case

Justice Minister Nikolay Naydenov has sought disciplinary proceedings against a second notary over the Baba Alino case, proposing that the Chair of the Council of Notaries at the Notary Chamber initiate proceedings against Zhelyo Kostov, the Justice Ministry said on Wednesday.

Kostov is the second notary to face disciplinary proceedings sought by Naydenov in connection with the case of illegal construction in Varna, following Veselin Petrov.

The move follows the findings of an inspection ordered by Naydenov and carried out by the Justice Minister's Inspectorate into the notary's work within the jurisdiction of the Varna Regional Court. The inspection examined notarized transactions and certification of ownership rights for real estate acquired by individuals and legal entities in the Baba Alino area.

Inspectors reviewed 25 notarial files concerning the sale of individual units in a building, 24 files relating to the sale of undivided shares in land designated as "parking spaces" or the establishment of permanent rights of use over such parking spaces, two files involving the transfer or sale of real estate in exchange for construction obligations and the establishment of building rights, five files concerning the sale of land plots, and five notarial files related to agreements establishing easements.

The Ministry said the inspection uncovered numerous violations that were not isolated incidents but reflected a pattern in the notary's practice. These included missing checks in the Notary Chamber's information system, failure to verify the identity, legal capacity and representative authority of persons appearing before the notary, as well as missing declarations by the parties to transactions and other documents required by law for property transfers.

Violations were also found in transactions involving "parking spaces" and "yard areas", as the land concerned is classified as forest territory, where changes in land use and construction are banned.

The inspection further found that the notary had breached the Spatial Development Act by certifying signatures on easement agreements involving the same person on both sides of the transaction. Under the law, a right of way may only be validly established across another person's property.

The Justice Ministry said inspections of other notaries linked to the Baba Alino case are continuing, adding that the information gathered does not predetermine the outcome of any disciplinary proceedings.

The Baba Alino case came to public attention following investigations by the anti-corruption platform BIRD and reports from local activists, who raised concerns about extensive construction activity on woodland near the Golden Sands resort. The controversy centres on 104 residential buildings constructed in the Baba Alino area, allegedly without valid building permits and with the apparent failure - or possible complicity - of several institutions responsible for oversight.

In early July, Interior Minister Ivan Demerdzhiev said nine criminal proceedings had been launched following the Ministry's operation in Varna. He said each of the proceedings had a different subject matter. More than 140,000 pages of documentary evidence had been recovered and numerous witnesses had been questioned during the operation.