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Article 1. This act shall define the requirements for persons who perform construction works, as well as the structure
and the activities of the professional organization of builders.
Article 2. The act aims to create conditions for:
1. identification and transparency of the activities of persons who perform construction works;
2. improved management of construction activities, increasing the responsibility of builders to comply with the essential requirements to construction sites and the quality of building structures;
3. protection of the interests of construction service users.
Article 3.
(1) This act shall apply to Bulgarian and foreign natural and legal persons registered as traders under their domestic legislation, their branches, state and municipal undertakings which perform construction works in the Republic of Bulgaria, hereinafter referred to as "builders".
(2) Builders constructing category one to five buildings under Article 137, para. 1 of the Spatial Development Act or particular types of construction and assembly works as indicated in the "Construction" Section of the National Classification of Economic Activities shall be subject to entry into the Central Register of Professional Builders, hereinafter referred to as "the register".
(3) When natural or legal persons unite to develop a construction project or to perform specific types of construction and assembly works, as described in para. 2, at least one of the participants in the consortium must be entered in the register.
(4) Participation in a consortium, as described in para. 3, shall not entitle persons not entered in the register to carry out construction works or specific construction and assembly works as described in para. 2, independently.
Chapter two
CHAMBER OF BUILDERS
Article 4.
(1) A chamber of builders, hereinafter referred to as "the Chamber" shall be established as a legal person with its head office in Sofia. The Chamber shall establish regional structures under the conditions and procedures set out in the statutes.
(2) The Chamber of Builders:
1. shall represent its members and protect their professional interests;
2. shall create and maintain a Central Register of Professional Builders;
3. shall take part in drafting strategies, analyses and programmes for the development of the construction industry and shall assist in their implementation;
4. shall issue standpoints and take part in the drafting of legislation in the field of construction;
5. shall assist in the development of health and safety at work standards for the construction industry and shall submit
them to the National (Sector) Council on Working Conditions;
6. shall develop a code of professional ethics with regards to the branches of the construction industry and shall prevent monopolist practices, unfair competition and inequality among its members;
7. shall develop guidelines on the implementation of construction and assembly works and on good construction practices, risk analysis models and systems and rules designated for control and self-control to ensure safety and quality of construction project works and, in particular, of construction and assembly works, as well as on the physical protection of cultural monuments in the course of construction and repair activities;
8. shall notify the competent authorities about any malpractice in the implementation of on-site construction and assembly activities and about other infringements on the part of persons taking part in the construction process in the course of and on the occasion of their performance or non-performance of functional duties as regulated in the respective legislative acts;
9. shall organize courses to increase the level of qualification of construction industry personnel;
10. shall perform other functions as prescribed in the statutes.
Article 5. Membership of the Chamber shall be voluntary and in accordance with the requirements set out in this act and in the Statutes of the Chamber.
Article 6. The bodies of the Chamber shall comprise the General Assembly, the Managing Board, the Control Council and the Central Register of Professional Builders Commission.
Article 7.
(1) The General Assembly of the Chamber shall be convened on a regular or extraordinary basis.
(2) Regular meetings of the General Assembly shall be convened annually.
(3) An Extraordinary General Assembly may be convened by a decision of the Managing Board or on the demand of at least one tenth of the members of the Chamber.
Article 8.
(1) The convening procedure and the regulations on work and decision making of the General Assembly shall be defined in the Statutes of the Chamber.
(2) The delegates to the General Assembly shall be nominated under the conditions and procedures defined in the Statutes of the Chamber.
Article 9. The General Assembly shall be valid if two thirds of the delegates are present. In the absence of a quorum, the General Assembly shall be postponed by one hour, after which it shall be conducted and considered as valid irrespective of the number of delegates present.
Article 10.
(1) The General Assembly:
1. shall adopt, amend and supplement the Statutes;
2. shall elect and dismiss the Chairpersons and members of the Managing Board and Control Council and of the Central Register of Professional Builders Commission;
3. shall approve reports on the activities of the Managing Board and Control Council and of the Central Register of Professional Builders Commission;
4. shall determine the amount of the membership fee and the prices of services provided by the Chamber;
5. shall approve the budget of the Chamber;
6. shall approve the Code of Professional Ethics;
7. shall resolve other issues in accordance with the Statutes.
(2) Decisions of the General Assembly shall be approved by the simple majority of those present, with the exception of decisions under para. 1, item 1, which shall be approved by the qualified majority of two thirds of those present.
(3) The Chairpersons and the members of the Managing Board and the Control Council shall be elected by secret ballot.
Article 11.
(1) The Managing Board shall comprise a chairperson and twenty-eight members elected for a term of three years.
(2) The Managing Board:
1. shall convene and organize the General Assembly of the Chamber;
2. shall organize the activities of the Chamber;
3. shall manage the property of the Chamber;
4. shall organize the creation and maintenance of the Central Register of Professional Builders;
5. shall approve internal working regulations;
6. shall accept new members and discontinue membership of the chamber under the conditions and procedure set out in the Statutes;
7. shall perform other functions assigned to the Managing Board by the General Assembly or the Statutes of the Chamber;
8. shall submit an annual report on its activities to the General Assembly.
Article 12.
(1) the Control Council shall comprise a chairperson and six members elected for a term of three years. The Chairperson of the Control Council may attend meetings of the Managing Board with advisory powers.
(2) The Control Council:
1. shall control the implementation of the decisions taken by the General Assembly and shall verify the lawfulness of the Managing Board's decisions;
2. shall submit proposals to the General Assembly for the dismissal or non-dismissal from duty of members of the Managing Board;
3. shall perform other functions assigned to it by the General Assembly or the Statutes of the Chamber;
4. shall submit an annual report on its activities to the General Assembly.
Article 13.
(1) The budget of the Chamber shall be determined for each fiscal year.
(2) The income of the Chamber shall comprise the following:
1. lump sum affiliation fees;
2. annual membership fees;
3. income from services provided by the Chamber;
4. donations, publishing activities and other income.