Legal Framework regarding (temporary) interventions within public space – Architecture and Urban Spatial Development Service (AUSDS), Municipality of Sofia

From legal and administrative point of view the interventions in public space are very complicated procedures which refer to numerous legal departments and their expertise. In the municipality of Sofia the major body that coordinates the urban development is called Architecture and Urban Spatial Development Service (AUSDS). There are no plans from single architectural projects to masterplans of the whole municipality that can be executed without the approval of AUSDS. The agency’s structure is formed by three main directorates and thirteen departments. Directorate ‘Territorial Planning’ and its five departments (incl. urban design and advertisement) are mostly engaged with the issues of public space.

 

Legal Definitions

Concerning the physical interventions in the public space the first key distinction is made by material footprint of the intervention. This defines the interventions into permanent or temporary and respectively separates the path of their legal procedure from the very beginning. The interventions with permanent character require construction permission and follow the procedures by the national Spatial Planning Act. On the other side, the interventions with temporal character on the territory of Sofia’s municipality follow the procedures defined the local ordinance for “movable objects for advertising, information and monumental decorative elements for promotional activities in the territory of Sofia Municipality” (MOAIMDEOATSM). Mounting of any kind urban furniture on the basis of ‘action’ or seasonal placement in Sofia refer to the latter ordinance.

Zoning

In order to give more detailed framework regarding the possibilities for temporary interventions within public space the MOAIMDEOATSM ordinance contains a zoning plan for the whole territory of Sofia. This plan takes in consideration every piece of the city’s public space and separates it in different zone on the base of its location, monumental, functional or cultural importance in order to give better indications where temporal interventions are favoured and where they are rather restricted with rare exclusions.

  • Zone I includes the very central part of Sofia’s street network and monumental squares;
  • Zone II includes the street and boulevards which are limited by the first city ring and the adjacent squares;
  • Zone III includes the public space within the city ring which does not belong to Zone I, II or VI;
  • Zone IV includes the prime streets (classes II and III), located between first and second city ring as well as the boulevards and the streets from the first city ring;
  • Zone V includes the prime streets (classes I, II and III), which do not belong to Zone I, II, III or IV as well as the boulevards and the streets from the second city ring;
  • Zone VI includes the territory which is part of Sofia’s green system;
  • Zone VII includes the rest of the public space on the territory within the municipality of Sofia.

Concrete Locations

The approval for placement of temporary objects within public space has always to be authorised by the head architect of Sofia’s Municipality. In order to ease the process of defining concrete locations for potential organisers / initiators of interventions the Architecture and Urban Spatial Development Service provides a free, online access to schemes which are indicating the concrete locations and dimensions where temporal objects can be placed or official socio-cultural activities can be accommodated.

Required Documents

The required documents regarding the placement authorisation, from Architecture and Urban Spatial Development Service is defined by two local normative documents – MOAIMDEOATSM Ordinance and municipality of Sofia’s Order RD-09-09-91, dated 18 December 2012.

Documents required by Appendix №4 to article 28, paragraph 3 from MOAIMDEOATSM Ordinance:

  • Architectural project proposal;
  • Design project proposal;
  • Engineering project proposal.

Documents required by Order RD-09-09-91, dated 18 December 2012, from the municipality of Sofia:

  • Application form;
  • Identification documents of the company / person organizing the event;
  • Approval by the director of “Security and Safety” department (the municipality of Sofia);
  • Motivated proposal for a scheme to place movable objects;
  • Project documentation;
  • Agreement with the specialised supervisory and coordinating bodies;
  • Declaration for execution of construction works; the approved plans in parts architecture, electricity and construction should be signed and stamped by the authors of the project in accordance to the Bulgarian Chamber of Architects and the Bulgarian Chamber of Engineers.

Approval Procedure

There are six main steps for the approval of a temporary intervention in the public space. They are:

1. Determining the type of object according to project documentation and compliance with the definitions in MOAIMDEOATSM Ordinance;

2. Verification of compliance of the project documentation according to Appendix №4 to article 28, paragraph 3 from MOAIMDEOATSM Ordinance;

3. Approval by the departments within the structure of Architecture and Urban Spatial Development Service including:

  • Legal Department
  • Department “Control investment planning and coordination in construction”
  • Department “Public Works and Natural Resources”

4. Examination of the project documentation of the CEAS;

5. Approval of project documentation and authorisation for placement;

6. Announcing the placement authorisation.

Related Legal Acts and Ordinances

There are multiple acts and ordinances which are related to the authorisation of temporary placement intervention.

Acts:

  • Spatial Planning Act;
  • Spatial Planning Act and Development of Sofia Municipality;
  • Local Government and Administration Act;
  • Local Taxes and Fees Act;
  • Cadastre and Property Register Act;
  • Municipal Property Act.

Ordinances:

  • Ordinance № V-12-707, dated 15 November 2013, concerning the terms and conditions for safety and technical requirements in respect to equipment placed in amusement facilities;
  • Ordinance № 1, dated 12 January 2009, concerning the terms and conditions for the spatial arrangement and safety of playgrounds;
  • Ordinance on the terms and procedure for executing tenders and competitions;
  • Ordinance for the maintenance and protection of the green system within the Sofia Municipality;
  • Ordinance concerning the transport organisation within the territory of Sofia Municipality;
  • Ordinance concerning naming and renaming of municipal sites, placement, relocation and removal of monuments and artistic elements within the territory of Sofia Municipality;
  • Ordinance concerning the terms and conditions for executing commercial activities on the territory of Sofia Municipality;
  • Ordinance concerning the determination and administration of local taxes and prices for services provided by Sofia Municipality.

Tips

If you would like to execute the whole procedure from having an idea until the actual placement of a movable object within the public space in Sofia there are three main things that you should consider as tips while dealing with the institutional bodies responsible for the authorisation:

  • Plan enough time since the process is related to the coordination between multiple departments and follows strictly defined procedures;
  • Get familiar in details with the normative ordinance for “movable objects for advertising, information and monumental decorative elements for promotional activities in the territory of Sofia Municipality” (MOAIMDEOATSM);
  • Be careful with the normative definition(s) regarding your proposal and the content of the project documentation.

Architecture and Urban Spatial Development Service (AUSDS)

Website: www.sofia-agk.com

Address: Sofia, Serdika Street №5

Website of Sofia Municipality: www.sofia.bg

Website of Sofia Municipal Council: www.sofiacouncil.bg

How-to Guide – POdLEZNO (Sofia)

POdLEZNO is a voluntary organization which deals with the quality of the urban underpasses in the city of Sofia; lots of them being in a terrible condition with lack of light during night. In the last two years the team has been dedicated to improve the physical quality of these underpasses by also adding additional cultural value. In this way they manifest their motto “Do not be kept in the dark”, which can be interpreted both literally and figuratively- art, music, interactive installations and historical galleries that fill the underground urban spaces. This concept aims not only to make the underpasses safer and more pleasing to the eye but also to get the average passer involved in the process of change which the Bulgarian society so desperately needs.

Despite the short period since the organisation have ben founded it succeeded to revitalise three underpasses in Sofia. These projects were realised through different frameworks including multiple actors during the processes. Although each project developed through its individual path the team of POdLEZNO managed to synthesise practical how-to recommendations based on its own experiences, which they share on the PublicSpace.tools Workshop at Sofia (31st October – 1st November).

Results from POdLEZNO’s Projects

The nature of their projects is through collaboratively bottom-up perspective to include simultaneously the structural body of the city’s administration and the citizens considering a scarcity of resources. An effective way to this is to work extensively for the institutional support and try your best to gather volunteers by diverse means for the actual intervention.

Working with Institutions

The administrative body and legal frameworks can be extremely difficult to deal with, especially when we speak for a city such as Sofia where there are tremendous amount of departments responsible for different elements within the urban environment. According to POdLEZNO it is decisive to equip yourself with patience and energy to go through the rather slow process. However, the institutions seem to be the only partners in respect to certain aspects of the urban interventions. They represent the only actor which is absolutely necessary to involve in any public space transformation. Before approaching any institution it is essential to understand its structure and who is responsible for what – knowledge that can ease the process.

Working with Volunteers

When you work with limited financial budget one of the crucial challenges is to actually execute the physical intervention(s). Depending on the project this can demand a serious amount of physical work and people involved. A method that POdLEZNO utilised to overcome this challenge is to make substantial efforts of inspiring citizens and volunteers to support them. From their experiences they have relied on five means to collect voluntary workforce:

  • Crazy friends and relatives;
  • Social media including Facebook, Google+ etc.;
  • Online platforms for volunteering such as timeheroes.org;
  • Institutions offering voluntary support such as Bulgarian Youth Red Cross;
  • Involving local citizens.

In the long term the team of POdLEZNO believe that incorporating volunteers does not have only have financial benefits by saving money but also enhances the relationship between urban environment and its users i.e. the citizens.

Projects’ Description

Looking in more details back on their work POdLEZNO outlined two practical aspects which they found crucial while trying to proceed with their own projects – secure funding and deal with paperwork.

POdLEZNO

Website: www.podlezno.com

Email: podlezno@gmail.com

Facebook: www.facebook.com/podlezno

Flat Space for the Community

The Open Flat is a public square in front of the Minsitry of Culture department building that is being used as a parking space. Several years ago, Oberliht built a replica of a Soviet communal apartment in the square and this apartment became an important space for independent art in Chisinau. The Open Flat provided numerous local and international artists with a space to perform and to organise concerts, exhibitions, movie screenings etc. Now they are working on a project to reclaim the whole square for art and create some public space for the community, to in fact remove the cars and to organise the square into a cultural zone. The ironic factor in this action plan is the main opponent of the development of the cultural square is the Ministry of Culture as they can park their cars easily.

Zaikin Park – a park for comunity

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This project has its roots in the framework of the European project SPACES, and the history of Oberliht engagement in Zaikin park starts from the “Mapping the Public Space in Chisinau” workshop organized in collaboration with Eugen Panescu from Planwerk(Cluj, Romania) in July 2012. As a result of this workshop were identified 10 abandoned public spaces, but which are still keeping the potential of an opening or reactivation, located along the imaginary axis of the Cantemir Boulevard and it’s red lines. For each of this spaces was elaborated a descriptive card about the state of the space, its problems and potentialities for future, Zaikin Park was one of this spaces.

cantemir Boulevard appears in general plans of the development of the city, immediately after the second world war, the reason for building the boulevard, according to Sciusev (The architect of Chisinau between 1945-1947), was to connect the “bottom” of the city with the “top” part of the Chisinau. Nowadays the topic is still intense discussed. The construction of this boulevard would destroy the street and the social network of the city center and would include the lose of some important infrastructure for the identity of the city.
Following this short background description, the objectives of the project are:
1) Preventing the construction of the artery
2) Revitalization and rehibilitation of the park
3) Building a comunity around the park by involving the inhabitants in the activities organized in the park

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Este proyecto surge dentro del proyecto Europeo SPACES, y del compromiso de la asociación Oberliht en el Parque Zaikin que se inició en el taller ”Mapping the Public Space in Chisinau”, organizado con la colaboración de Eugen Panescu de Planwerk (Cluj, Romania) en Julio de 2012. Como resultado de este taller se descubrieron 10 espacios públicos abandonados pero que mantienen el potencial de poder ser abiertos o reactivados, situado a lo largo del eje imaginario del Bulevar Cantemir y sus líneas rojas.Para cada uno de estos espacios se elaboró una tarjeta descriptiva sobre el estado del espacio, sobre sus problemas y potenciales para el futuro, el Parque Zaikin fue uno de estos espacios. El Bulevar Cantemir aparece en los planes generales del desarrollo de la ciudad inmediatamente después de la segunda guerra mundial, la razón fué para la construcción del bulevar, según Sciusev (arquitecto de Chisinau entre 1945-1947) con la idea de conectar el ”fondo” de la ciudad con la parte ”superior de Chisinau. Hoy en día sigue siendo un intenso debate. La construcción de este bulevar destruiría la calle y red social del centro de la ciudad e incluiría la pérdida de algunas de sus importantes infraestructuras de la identidad de la ciudad. Tras esta pequeña descripción los objetivos del proyecto son:

1) Prevenir la construcción de la arteria

2) Revitalización y rehabilitación

3) Construir una comunidad alrededor del parque mediante la participación de los habitantes en las actividades organizadas en este.

Abandoned Public Fountain

The fountain stayed untouched since the 1980’s. This blocks of flats area is situated across the industrial area of Tecuci now almost totally distroyed. Between the buildings there are large common land areas. Very recently city of Tecuci installed a playground for children and started to build roads in order to connect the buildings. Pictures from 9th of November 2015.

 

Public Space Tools @ Sofia (31|10 – 01|11)

The citizen empowerment for interventions in public space is a theme that it is for quite a while within the discourse of urban development (planning, design and architecture). However, within the context of Bulgaria until very recently this topic has been neglected. The reasons for that can be traced back in the long tradition of dealing with urban development and any other structural issues through utilitarian highly top-down approaches.

In order to deal with the necessities for research regarding this theme in the Bulgarian context, on 31 October and 1 November it has been organised a two-day workshop focused on the Public Space Tools platform. The event was held in Studio “Projectirane” at the University of Architecture, Civil Engineering and Geodesy (UACEG, Sofia). From Bulgarian side the organisation of the event was executed by the association “|IN|Formal” while the local sponsors of the workshop were the architecture / urbanism offices “ATEK” and “Urbika”.

 

Apart from professionals and student within the sphere of architecture and urban design the event was also visited by civil activists, being experts in other socio-economic domains. Indeed, the collection of such a mixture of interested people was one of the major goals of the workshop. This environment provided possibilities for the creation of various and unusual professional connections with an intriguing potential directed to interventions in the urban space. The workshop was specifically focused on the theme of urban sports and more precisely, on urban fitness and skating. These two activities seem to have a direct relationship with the public space, the empowerment of citizens and legal issue. At the same time the theme itself allow the event to go in certain direction and provide some useful, at least modest, inputs for the platform.

For the purpose of the workshop the schedule each one of the two days was organised in a specific way. The first day was mainly consisted of interactive presentations which aimed to provide the participants with the possibility of getting familiar and exchange knowledge between them. During the second day the technical and practical part of the workshop took part. Respectively, some exercises with the online platform were executed.

 

Day I | Saturday – 31.10 | Presentational Part

The first day was consisted of a series of presentation which aimed to contextualise the platform within the “right to the city” concept and the Bulgarian context. For achieving the latter goal multiple local professionals with an experience concerning unconventional urban transformations were invited. In addition, there were also presenters who shared their specific academic and legal knowledge in the field of public space as well as sport experts.

The full list of presenters is:

  • David Juarez (Straddle3);
  • Rossina Shatarova (Studio Projectirane);
  • Valeri Gyurov (Transformatori);
  • Emil Mihov & Teodora Trifonova (POdLEZNO);
  • Tanya Prodanova & Martina Nenova (Architectural and Urban Spatial Development Service, Municipality of Sofia);
  • Ivan Germanov (Urban Fitness – XYBRID Training);
  • Georgi Spasov (Urban Skating – AISA Disaster).

The kick-off of the event was made by David Juarez, who is co-founder of Straddle3 and one of main initiators behind the PublicSpace.tools project. He introduced the participants into the theme of public space essence, its dynamics, specifics of the various uses, the “right to city” concept and legal issues in respect to it. David also made a short introduction of the PublicSpace.tools platform which was further elaborated in a later stage of the day.

 

The next three presentations focused on the Bulgarian context including some intriguing examples of unconventional, bottom-up public space interventions. The first one was made by Rossina Shatarova (Studio Projectirane), who showed her point of view about the alternative ways of exploring and interacting with the public space as a way of professional education. She was followed by Valeri Gyurov, of the co-founder of Transformatori association, who presented part of their successful project and shared his experience in initiating civil engagement and participation in the urban transformational process. Emil Mihov and Teodora Trifonova (POdLEZNO) also shared their view by making a detailed overview of their physical interactions with public space in Sofia. In addition, Emil and Teodora made an interesting transition towards the following talks during the event i.e. legal frameworks within which the various types of interventions in the urban environment took place.

Indeed, the next presentation was made by Tanya Prodanova and Martina Nenova by taking their role as experts at the Architectural and Urban Spatial Development Service (AUSDS) within the structure of the municipality of Sofia. They revealed more concrete details concerning the different definitions, regulative zones and legal possibilities for public space interventions outlined by the normative documents and acts. What is more, Tanya and Martina also paid substantial attention on the required documentation and the administrative procedures which can guide and ease the physical interventions within the urban environment.

After a scheduled lunch break the last two presentations took place. They provided a slightly different and intriguing interpretation of major theme of interest i.e. the public space. The talks were led by two experts in the field of urban sports – Ivan Germanov (Urban Fitness) and Georgi Spasov (Urban Skating) who presented the perspective of the sport enthusiast within the urban environment. The interesting part was determined by the part that both Ivan and Georgi concluded with statements about public space that are generally well-accepted also by the professional and academic field of urbanism and architecture.

The last talks were followed by a debate on the themes which were discussed during the whole presentational day. As an epilogue of the first day some more specific details concerning the functions and capabilities of the PublicSpace.tools platform were made combined with examples of how to collect data and use the platform to update it. With this the first day of the event ended and the participants had their time to make a short fieldwork to gather impressions and ideas on the basis of which can use the platform on the second day of the workshop.

Day II | Sunday – 01.11 | Practical Part

The second day of the event continued from the point where the first one finished. After the theme of the citizens’ empowerment was defined in contextual, conceptual, professional and legal terms the second part of the workshop focused on the technical and practical exploration of the PublicSpace.tools platform.

Since the platform was a project which in beta version at the time of the event it was aimed the participants to exercise and test its functionality. By doing so and respectively reflect on their user experience they contributed to the further technical development of the toolkit. Despite this, the participants were provided with a log-in access through which they had the possibility to explore the added content. What is more, after being granted with an individual access they could prioritise certain part of the general content in respect to their specific context and interest.

During the exercises all details of the platform including technology, structure, functionality and types of content were reviewed. In the span of few hours the numerous possibilities for the platform’s enhancement were discussed in a form of informal discussion by the various professionals who were present – architects, urban designers, computer specialists and sport enthusiasts. In addition, the participants shared their view upon how the platform can be useful in achieving different goals.

In general, the presented content during the event and the created setting provided a quite fertile environment for knowledge exchange. In these terms the workshop was highly evaluated by the visitors who took part. The mixture of presented information certainly granted the workshop guests with an intriguing opportunity to enrich their knowledge regarding the theme of citizen empowerment and the “right to the city” concept. Moreover, the numerous professional relationships which occurred during the workshop were positives that might have a long-term impact and optimistic prerequisite concerning further development of the thematic research and the actual application of the PublicSpace.tools platform in Bulgarian context.

Related links:

Knyazheska Garden (Sofia)

Condition

The location is an underutilized urban space which is originally designed to be an water pond. There are certain possibilities to adjust it for the use of urban skating. The existing forms, location (traditional skating gathering point – see the photo) and transport accessibility provide good conditions for becoming a vital place for the skating scene in the city of Sofia.

How-to Manual / Tips

1) Promote the idea to the skating community in Sofia and verify if there is a support for the idea;

2) Get familiar with the legal framework in respect to the particular public space – the park is defined as public space within zone six by the “Ordinance on movable objects for advertising, information and monumental decorative elements and advertising activities on the territory of Sofia Municipality”;

3) Explore technically possible spatial / surface adaptations to facilitate skating usage;

– The paves can be replaced with smooth textile to be used by skaters but also retain the possibility the structure to be also utilized as a pond.

Public Space Revitalisation

This abondened place has stayed untouched since years. It is located in a very nice geographical location on the south bank of Danube river. However, the general condition of the wider area is quite bad. This suggests that improvement of the area and transformation into a vital place it will be quite costly.

On the other hand, Silistra is town where there is a high degree of scarcity in regards to public amentities so a hypothetical intervention can cause a substantial enhancement of the public space in the town. The unfinished spatial forms assume that the area is suitable to be adapted for a public pool something that can be combined with an improvised urban beach on the bank of the river.

Zona B-5, spaces in-between apartment buildings

Condition

Typically for most of the public place within / nearby large appartment buildings the existing urban spaces are underutilised and under-maintained. In the specific case the environment is consisted of multiple urban design elements which can be used for multiple purposes.

Potential

Considering the fact that these apartment buildings are considerably spacious and inhabited with large number of citizens a possible improvement of the environment can have social effect. It seems that interventions through community engagement could improve essential qualities of the urban areas such as social cohesion.

The existing intersting spatial forms provide the potential for creating integrated skating plazas which will simultaneously improve the physical quality and the activity degree of the spaces.

How-to manual

1) Promote the idea to the local community, the residents and verify if there is a support for the idea;

2) Get familiar with the legal framework in respect to the particular public space – the park is defined as public space within zone six by the “Ordinance on movable objects for advertising, information and monumental decorative elements and advertising activities on the territory of Sofia Municipality”;

3) Get in touch with the mayor of the district and discuss possibilities while incorporating local citizens during the negotiations.

Related Links:

Park Vuzrazhdane

Park Vuzrazhdane, Zona B-5

Condition

The park has been underutilised for years and it is currently in unsatisfactory physical condition. Due to this fact the place has become a junkyard which hampers the sense of security within the area. The park is referred to some terrible urban legends in Sofia that additionally influences the image of the area.

In the recent past a skate ramp was located within the park and thus, the area was a notable place for the skating scene in Sofia. However, the facility was removed and nowadays the park is only occasionally for temporal establishment of circus installations.

Potential

The condition of the park urges for some interventions. Within the existing setting the place can become a vital public space due to the lack of green areas in this part of the city. For this purpose it is essential the citizens to reclaim the park for certain uses. A structural bottom-up intervention can be a great way to recover the connection between the local communities and the urban environment. The skating traditions within the park can be taken in consideration in a process of urban revitalisation.