An interesting question is whether the owner of the dwelling is required to consent to their neighbors if he decides to rent it. Do they need to know what tenants will have as neighbors, and do they have a legal right to give their consent for a tenant?
In case that the owner has decided to rent his own apartment on third parties and it will be used as intended (like housing), there is no need to obtain permission from the neighbours or the general meeting of condominium, explains consultant Tanya Kitik.
However, if the dwelling will be used for another activity of tenants – office, studio, etc., it is necessary to make the change of status of the apartment for the relevant purposes and needs.
Within the meaning of the law the change of purpose is the construction and needs a corresponding authorisation issued duly by the chief architect of the municipality or the region. This includes the preparation of an investment project, which contains all of the parts according to the category of the building (architecture, structures, plumbing,etc.).
For that to happen, in a residential building in condominium mode there are a few more requirements, reveals the expert. According to the specific situation may be required a notary certified consent from all the owners, neighbours in the building.
The change of purpose lead to some "effects" – change the tax assessment, the amount of tax, and others.
Consent of the neighbours is necessary if the apartment will be given on hotel basis. Then under the condominium is necessary the consent of the relevant number of neighbors or quorum when conducted under regulation Assembly of condominiums as well as the submission of an application for categorization as a tourist place, etc.
The lessor is not obliged to request the consent of his neighbors, confirms broker Christina Naydenova, but stresses that the tenants are obliged to observe the internal regulations in condominiums. Therefore, the expert advises the hire contract to include the point with this obligation.