Environmental protection is one of the main guidelines set on national, European and international level. With respect to Bulgaria's membership in the European Union a number of key environmental developments were initiated prior to the full-fledged membership as well as afterwards. Currently the main aims of the Bulgarian environmental policy, as set out in the Bulgarian Environmental Protection Act from 2002 (last amended in 2009) include:

• Environmental protection and protection of human health;
• Conservation of biological diversity in conformity with the natural biogeographic characteristics of Bulgaria;
• Control and management of factors damaging the environment;
• Prevention and limitation of pollution and control over environmental status;
• Establishment and management of the National Environmental Monitoring System;
• Development of environmental strategies, programmes and plans;
• Management of environmental protection activities on international, state and regional level;
• Definition of rights and obligations of the state, municipalities and persons in respect of environmental protection.

In achieving these aims the level of regulation with respect to environmental compliance may vary depending on the scale of a certain project or the specifics of  the various business sectors.

Large Scale Projects

Environmental protection has been developed in variety of aspects with respect to prevention of pollution of water, air and soil, and to protection of flora and fauna, where environmental requirements are particularly stringent for large scale developments and might require the preparation of:

• Environmental evaluation of plans and programs (or analysis on the necessity thereof) concerning major infrastructure projects;
• Environmental impact evaluation (or analysis on the necessity thereof) for a list of developments, such as energy and chemical industry, which require an increased attention with respect to environmental protection;
• On-going overview of environmental compliance on national and regional level.

Sector Specific Environmental Regulations

Environmental law requirements are applicable to virtually all industry sectors and economic activities. In the process of structuring investments in Bulgaria environmental law compliance plays an important role in a various opportunities on the market that investors might seek such as real estate projects, development and operation of production facilities, renewable energy power plants, landfills etc. 

• Real estate projects: Under Bulgarian law the buyer may assume all risks relating to the real estate from the moment of acquiring the title, including liability in cases of soil pollution or contamination of the building unless there is sufficient evidence that it has been caused prior to the closing of the transaction by a party different from the buyer. In cases where the investor intends to develop a project outside the regulated urban territories a check should be made whether the project falls within the borders of special environmentally protected territories such as sanitary zones around water resources,  the Natura 2000 network of protected zones developed in accordance with priority activities of National Action Plan for Biodiversity Conservation /2005-2009/. Therefore, prior to the outset of a contemplated real estate project a due diligence should be conducted  in order to avoid possible environment compliance issues.
• Production and commercial facilities are subject to a number of specific environmental requirements in order to ensure lack of pollution prior, during and after processing of products. It should be noted that depending on the particular type of operations specific environmental requirements might apply. An important aspect for production facilities is ensuring the handling of hazardous waste as per the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. With respect to commercial facilities such as stores, special care in handling packaging waste pursuant to the Waste Management Act from 2003 (last amended in 2009) should be taken. In addition separate waste collection, recycling and re-use of packaging waste, should be considered by putting labels on the packagings of products specifying the ways for their recycling.
• Currently Bulgaria experiences an identified need for the development of environmentally compliant landfills and waste management plants as per Council Directive 99/31/EC of 26 April 1999 (the Landfill Directive). Investments in this area are usually substantial and long-term ones, therefore this sector is heavily regulated in order to prevent or reduce the adverse effects of the landfill on the environment and human health.