28.09.2022

HOW CAN A DESTROYED OR LOST NOTARIAL DEED BE RESTORED?

The Civil Procedure Code stipulates that notarial deeds for the transfer of ownership or for the establishment of a real right to immovable property and for the certification of ownership rights to property shall be issued by the notary in whose district the property is located. Entries, markings and deletions for property are carried out by order of the registration judge from the registration office in whose district the property is located. Acts subject to entry, marking and erasure are submitted in two or more identical copies, it is also written in the Civil Procedure Code.

In the code, there is a special chapter entitled "Notarial proceedings", which also specifies the general rules for starting notarial proceedings, who are the parties to it, the place and time of certification. This chapter also specifies the special rules to which notarial proceedings are subject. They are related to the form of the notarial deed, how this deed is issued, what is its content. Thus, it becomes clear here that the form must necessarily be written, that notarial acts are arranged in a special way, order and in special books, etc.

However, all these rules are related to the issuance of a notarial deed under a normal procedure. When such a document is lost, destroyed or damaged, then it is a completely different procedure.

It is important to know that the original notarial deed of ownership or other real rights is something very important and it should be kept very well, because losing it can lead to serious problems and even attempts at abuse. If it still happens that the document disappears, certain actions must be taken to restore it, to remove a duplicate.

The right to do this rests with the owner, and if he is deceased, the heirs can do so. However, they may request this by submitting a certificate of heirs.

A duplicate of a notarial deed can be issued in any division of the property registry at the Registration Agency at the location of the property. The lot of the property with all the documents is stored there and where there is a signed and stamped copy of the document. For a property in Sofia, you must go to the headquarters of the Registration Agency. And there you have to go to the property register and submit an application.

If the property was the subject of some disposition - for example, a sale and purchase, and this happened after October 1, 1998 with a private notary, a duplicate of the notarial deed can be issued by the relevant notary, from his notary's office.

This is the date after which the fully public notary became fully private. However, if the issuance was before that or one does not know exactly who was the notary who issued his lost notarial deed, the procedure is definitely through the Registration Agency.

The agency itself has indicated on its website that the transcript is a certified or non-certified copy of the acts that are kept by the relevant Registry Office. Uncertified transcripts, which may also be called copies, can be requested by anyone. They are given immediately. Certified transcripts are issued only to the parties to the deed, their successors or representatives by law or by authorization.

Transcripts are issued based on a written request from the person. A fee is also collected for certifying the authenticity of transcripts and extracts from documents and papers kept at the Registry Office. Transcripts can also be requested to be retrieved electronically through the single portal of the Registration Agency.