CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 21 avril 2016

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BULGARIA   (Application no. 46577/15)                 JUDGMENT           STRASBOURG   21 April 2016     FINAL   21/07/2016   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Ivanova and Cherkezov v. Bulgaria, The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:   Angelika Nußberger, President ,   Khanlar Hajiyev,   Erik Møse,   Faris Vehabović,   Yonko Grozev,   Carlo Ranzoni,   Mārtiņš Mits, judges , and Claudia Westerdiek, Section Registrar , Having deliberated in private on 22 March 2016, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 46577/15) against the Republic of Bulgaria lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Bulgarian nationals, Ms Mavruda Dimitrova Ivanova and Mr Ivan Yankov Cherkezov (“the applicants”), on 15   September 2015. 2.     The applicants were represented by Ms A. Kachaunova, a lawyer practising in Sofia and working with the Bulgarian Helsinki Committee (“the BHC”). The Bulgarian Government (“the Government”) were represented by their Agent, Ms R. Nikolova, of the Ministry of Justice. 3.     The applicants alleged that the enforcement of an order for the demolition of the house in which they live would be in breach of their right to respect for their home, and that they did not have an effective domestic remedy in that respect. The first applicant in addition alleged that the demolition would disproportionately interfere with her possessions. 4.     On 8 October 2015 the Court decided to give priority to the application and to give the Government notice of it. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.     The applicants were born in 1959 and 1947 respectively and live in the village of Sinemorets, on the southern Black Sea coast. 6.     The two of them have lived as a family since 1989. At that time, they resided in the town of Burgas, where the first applicant owned a flat, which in 2013 she donated to her daughter, who had lived in it with her family for a number of years. 7 .     The first applicant’s father and mother owned a plot of 625 square metres in Sinemorets. Following the death of the first applicant’s father in 1986 and ensuing division-of-property proceedings between his surviving wife and seven children, the first applicant’s mother was allotted 250 out of the 625 shares in the plot. In 1999 she transferred those shares, together with the nine sixteenths of the plot to which she was otherwise entitled as a heir of her late husband, to the first applicant. Combining the shares that she obtained as a result of this transfer and the one sixteenth of the plot that she had inherited from her father, the first applicant became the owner of 484.43 shares, or 77.5%, of the plot. On the plot, there existed a dilapidated one-storey cabin. 8.     In 2004 the second applicant, who had been employed as a driver, suffered a myocardial infraction and was no longer able to work. In 2005 he was recognised as a disabled person and has since then been in receipt of a disability pension. At about that time, the two applicants moved from Burgas to Sinemorets, allegedly because they were no longer able to afford living in Burgas. They submitted that they put all their savings into the reconstruction of the cabin, converting it into a solid one-storey brick house. They did not apply for a building permit. The reconstruction took place in 2004-05. Since that time, the two applicants have lived in that house. In 2006 two of the other co-owners of the plot formally notified the first applicant that they did not agree with the reconstruction. According to the Government, there was evidence that the construction had not been finalised before 2009. 9.     In 2006 the other ten heirs of the first applicant’s father and mother brought a claim against the first applicant, seeking a judicial declaration that they were the owners of 140.57 of the 625 shares of the plot and of the house built on it. The Tsarevo District Court dismissed the claim. On an appeal by the claimants, on 7 June 2009 the Burgas Regional Court quashed that judgment and made a declaration in the terms sought by the claimants, finding that they were the owners of 140.57 out of the total of 625 shares of the plot and the house built in the place of the old cabin. It also held that the first applicant was the owner of the remaining 484.43 shares of the plot and the house. The first applicant attempted to appeal on points of law, but in a decision of 22 June 2009 (опр. № 566 от 22.06.2009 г. по гр. д. №   1974/2009 г., ВКС, I г. о.), the Supreme Court of Cassation refused to admit the appeal for examination. In so doing, it held, inter alia , that by including the house in the declaration, the lower court had not erred because it was settled case-law that illegal buildings could be the objects of the right to property. 10.     For most of the year, the first applicant is unemployed. Her only source of income comes from servicing vacation houses in Sinemorets during the late spring and summer. The second applicant inherited shares of several plots of land in another village, which he sold for a total of 1,200 Bulgarian levs (614 euros) in 2012-14. The applicants used the money to buy a second-hand car. 11.     In September 2011, prompted by some of the other co-owners of the plot, municipal officers inspected the house and found that it had been constructed illegally. They notified their findings to the first applicant in October 2011. In July 2012 the municipality brought the matter to the attention of the regional office of the National Building Control Directorate. In October 2012 that office advised the first applicant that it had opened proceedings for the demolition of the house. In November 2012 officers of the Directorate inspected it and likewise found that it was illegal as it had been constructed without a building permit. 12.     On 30 September 2013 the head of the regional office of the Directorate noted that the house had been constructed in 2004-05 without a building permit, in breach of section 148(1) of the Territorial Organisation Act 2001, and was as such subject to demolition under section 225(2)(2) of that Act (see paragraphs 25 and 26 below). The first applicant had not put forward any arguments or evidence to show otherwise. The house was therefore to be demolished. Once the decision had become final, the first applicant was to be invited to comply with it voluntarily. If she failed to do so in good time, the authorities would enforce it at her expense. 13.     The first applicant sought judicial review of that decision. 14.     On 10 December 2014 the Burgas Administrative Court dismissed the claim. It held that the decision was lawful. The evidence clearly showed that the applicants had constructed the house in 2004-05 without obtaining a building permit, which under section 225(2)(2) of the 2001 Act (see paragraph 26 below) was grounds for its demolition. The house could not be exempted from demolition under paragraph 16 of the transitional provisions of the 2001 Act or paragraph 127 of the transitional and concluding provisions of a 2012 Act for the amendment of the 2001 Act (see paragraphs 28 and 29 below). 15.     The first applicant appealed. She submitted, inter alia , that the house was her only home and that its demolition would cause her considerable difficulties as she would be unable to secure another place to live. 16.     In a final judgment of 17 March 2015 (реш. № 2900 от 17.03.2015   г. по адм. д. № 1381/2015 г., ВАС, II о.), the Supreme Administrative Court upheld the lower court’s judgment. It agreed that the house was illegal as it had been constructed without a building permit, that it was as such subject to demolition, and that, having been constructed in 2004-05, it could not be legalised under the transitional amnesty provisions of the 2001 Act or the 2012 Act. 17.     On 15 April 2015 the regional office of the National Building Control Directorate invited the first applicant to comply with the demolition order within fourteen days of receiving notice to do so, and advised her that failure to do so would prompt it to enforce the order at her expense. 18 .     As the first applicant did not do so, on 6 August 2015 that office made a call for tenders from private companies willing to carry out the demolition; the deadline for submitting such offers was 15 September 2015. 19.     On 18 August 2015 the Burgas Municipal Ombudsman urged the Minister of Regional Development to halt the demolition on the basis that, although formally lawful, it would have a disproportionate impact on the applicants. In response, on 25 September 2015 the Directorate’s regional office reiterated its intention to proceed with the demolition. 20.     After the Government were given notice of the application (see paragraph 4 above), on 15 October 2015 the Directorate’s regional office asked the municipal authorities to explore whether, if necessary, they could provide alternative accommodation for the first applicant. Until 27 October 2015, date of the latest information from the parties on that point, the municipal authorities had not replied to that query, and the Directorate’s regional office had for that reason not proceeded with the demolition. 21.     On an unspecified date in the second half of October 2015, again after notice of the application had been given to the Government, a social worker interviewed the first applicant and explained to her the possibilities to request social services. The first applicant stated that she was not interested in that because she preferred to remain in the house. 22.     According to a register available on the website of the National Building Control Directorate ( link ), on 10 March 2016 the demolition had not yet been carried out. II.     RELEVANT DOMESTIC LAW A.     Building permits for plots of land which have several co-owners 23 .     By sections 148(5) and 183(1) of the Territorial Organisation Act 2001, to obtain a permit to build on a plot of land which is co-owned by two or more persons, the co-owner who intends to do so must obtain the assent of the other co-owners. The administrative courts have upheld refusals to issue a building permit where such assent is lacking (see реш. № 5170 от 21.04.2010 г. по адм. д. № 211/2010 г., ВАС, II о.), as well as decisions of the building control authorities to annul building permits because such assent had not been obtained (see реш. № 13436 от 11.11.2009 г. по адм. д. №   13811/2008 г., ВАС, II о.; реш. № 3266 от 12.03.2010 г. по адм. д. №   13952/2009 г., ВАС, II о.; and реш. № 1783 от 18.03.2015 г. по адм. д. № 5017/2014 г., АС-София-град). 24 .     The only exception to the co-owner assent requirement is in relation to plots earmarked under the zoning regulations for low-rise or holiday housing. By section 183(4) of the 2001 Act, added in March 2009, which is similar to a rule previously set out in section 58(1) of the Territorial and Urban Planning Act 1973, in force until 2001, a co-owner may build in such a plot without having obtained the assent of the other co-owners, but only if these co-owners have themselves constructed or started to construct, or have the right to construct, their own separate buildings in the same plot. B.     Demolition of buildings constructed without a permit 25.     Section 148(1) of the Territorial Organisation Act 2001 provides that buildings may only be constructed if they have been duly authorised in accordance with the Act. 26.     By section 225(2)(2) of the Act, a building or a part of a building constructed without a building permit is illegal and subject to demolition. Unless falling under the amnesty provisions set out in the Act’s transitional provisions (see paragraphs 28 and 29 below), it cannot subsequently be legalised. The Supreme Administrative Court has held that this legislative solution demonstrates the heightened public interest in controlling the security, hygiene and aesthetics of construction; that the exact manner in which a building fails to conform to the building regulations is irrelevant, since all buildings put up without a permit are subject to demolition; and that this does not run counter to Article 1 of Protocol No. 1 (see реш.   №   9768 от 04.07.2012 г. по адм. д. № 6382/2012 г., ВАС, II о.). On that basis, the administrative courts have held that even if a building is not in breach of the local zoning plan or other legal requirements, it must be demolished if it has been constructed without a permit (see реш. № 4726 от 9.04.2009 г. по адм. д. № 14546/2008 г., ВАС, II о.; реш. № 1772 от 30.10.2014 г. по адм. д. № 544/2014 г., АС-Бургас, upheld by реш.   №   1930 от 23.02.2015 г. по адм. д. № 75/2015 г., ВАС, II о.; and реш. № 505 от 12.12.2015 г. по адм. д. № 496/2015 г., АС-Велико Търново). 27.     The Supreme Administrative Court has also held that the building control authorities do not have discretion in relation to the removal of illegally constructed buildings, and that the only course of action lawfully open to them in such cases is to order their demolition (see реш. № 13030 от 04.11.2009 г. по адм. д. № 7857/2009 г., ВАС, II о.; реш. № 3032 от 01.03.2011 г. по адм. д. № 15764/2010 г., ВАС, II о.; and реш. № 942 от 27.01.2015 г. по адм. д. № 7908/2014 г., ВАС, II о.); that in such cases those authorities are not bound by the general requirement of proportionality laid down in Article 6 of the Code of Administrative Procedure 2006, because it only applies to situations in which they enjoy discretion (see реш.   № 4035 от 22.03.2013 г. по адм. д. № 632/2013 г., ВАС, II о.; реш.   №   15733 от 27.11.2013 г. по адм. д. № 9665/2013 г., ВАС, II о.; and реш. № 1876 от 11.02.2014 г. по адм. д. № 12967/2013 г., ВАС, II о.); and that under the Territorial Organisation Act 2001 it is irrelevant whether the demolition of an illegally constructed building would cause harm to those concerned (see реш. № 13426 от 10.11.2014 г. по адм. д. № 10090/ 2014   г., ВАС, II о.). Lastly, it has held that persons who are not addressees of a demolition order are not entitled to challenge it by way of judicial review (see реш. № 9768 от 04.07.2012 г. по адм. д. № 6382/2012 г., ВАС, II о., and опр. № 9877 от 01.07.2013 г. по адм. д. № 7387/2013 г., ВАС, II о.). 28.     By paragraph 16(1) of the transitional provisions of the 2001 Act, buildings constructed before 7 April 1987 without the requisite papers but otherwise in line with the building and zoning regulations applicable at the time of their construction are not subject to demolition. By paragraph 16(2), buildings constructed between 8 April 1987 and 30 June 1998 but not legalised before the Act’s entry into force on 31 March 2001 are likewise not subject to demolition if they were in line with the building and zoning regulations applicable at the time of their construction and were declared by their owners before the end of 1998. Paragraph 16(3) provides the same with respect to buildings whose construction has started after 30 June 1998, but only if their owners have declared them before the competent authorities within six months after the Act’s entry into force. 29.     By paragraph 127(1) of the transitional and concluding provisions of a 2012 Act for the amendment of the 2001 Act, buildings constructed before 31 March 2001 without the requisite papers but tolerable under the building regulations applicable at the time of their construction or under the current building regulations are not subject to demolition either. 30.     In a judgment of 1 June 2015 (реш. № 6293 от 01.06.2015 г. по адм. д. № 6855/2014 г., ВАС, III о.), the Supreme Administrative Court dealt with a claim for damages brought against the building control authorities by a person whose house had been demolished on their orders. The claim concerned the alleged unlawfulness of the enforcement of the demolition order, and the claimant relied on, inter alia , Article 8 of the Convention. In upholding the lower court’s decision to dismiss the claim, the Supreme Administrative Court analysed the demolition in terms of that Article, finding that it had amounted to an interference with the claimant’s right to respect for her home. It said that the enforcement authority should have taken into account that the house had been the claimant’s only home. It however went on to conclude that that interference had been proportionate because (a) the claimant had not attempted to legalise the house under the amnesty provisions of the 2001 Act (see paragraphs 28 and 29 above) as she could have, since the house fell under them; (b) the claimant had not attempted to seek judicial review of the enforcement under Article 294 of the Code of Administrative Procedure 2006 (see paragraph 35 below) or to obtain a declaratory judgment under Article 292 of that Code (see paragraph   33 below) on the basis that after the demolition order she had procured a certificate attesting that the house had been built in 1984 and could be tolerated; and (c) the claimant had been able to rent a dwelling after her eviction from the house, which showed that she had means to afford alternative accommodation. C.     Relevant provisions of the Code of Administrative Procedure 2006 1.     Postponement of the enforcement of demolition orders 31.     By Article 278 § 1 of the Code of Administrative Procedure 2006, the enforcement of a final administrative decision may be fully or partly postponed by the competent administrative enforcement authority if it cannot be enforced immediately by reason of the financial situation of the person against whom it is directed or another objective impediment. By Article 278 § 2, enforcement may be postponed fully for fourteen days, and partly for a maximum of two months. By Article 278 § 3, the decision to postpone the enforcement or refuse to do so is not subject to legal challenge. 32.     With one exception (see реш. № 98 от 05.06.2012 г. по адм. д. №   147/2012 г., АС-Стара Загора, upheld by реш. № 15346 от   04.12.2012   г. по адм. д. № 9645/2012 г., ВАС, II о.), the administrative courts have consistently refused to examine such challenges in relation to proceedings for the enforcement of demolition orders (see опр. № 2989 от 06.03.2009 г. по адм. д. № 2480/2009 г., ВАС, II о.; опр. № 3298 от 11.03.2009 г. по адм. д. № 2921/2009 г., ВАС, II о.; опр. № 3768 от 20.03.2009 г. по адм. д. № 2481/2009 г., ВАС, II о.; опр. № 12660 от 15.10.2012 г. по адм. д. № 10151/2012 г., ВАС, II о.; опр. № 13269 от 06.11.2014 г. по адм. д. № 13375/2014 г., ВАС, II о.; опр. № 14149 от 26.11.2014 г. по адм. д. № 14120/2014 г., ВАС, II о.; опр. № 149 от 08.01.2015 г. по адм. д. № 15083/2014 г., ВАС, II о.; and опр. № 965 от 27.01.2015 г. по адм. д. № 12327/2014 г., ВАС, II о.). 2.     Contesting the enforcement of demolition orders by way of a claim for declaratory judgment 33.     By Article 292 of the Code, it is possible to contest the enforcement by way a claim for a judicial declaration on the basis of new facts which have emerged after the decision which is due to be enforced. 34.     Under the Supreme Administrative Court’ case-law, to be regarded as new, the facts must have occurred after the close of the proceedings for judicial review of the demolition order (see реш. № 1317 от 02.02.2010 г. по адм. д. № 11193/2009 г., ВАС, II о.; реш. № 669 от 15.01.2013 г. по адм. д. № 11464/2012 г., ВАС, II о.; and реш. № 3285 от 10.03.2014 г. по адм. д. № 14922/2013 г., ВАС, II о.) or, if the order has not been contested in such proceedings, the close of the administrative proceedings leading to its issuing (see реш. № 6059 от 08.05.2014 г. по адм. д. № 248/2014 г., ВАС, II о.). That court has held that the lapse of the limitation period for enforcement is a new fact (see реш. № 9071 от 30.06.2010 г. по адм. д. №   5508/2010 г., ВАС, II о.; реш. № 2536 от 21.02.2012 г. по адм. д. №   13701/2011 г., ВАС, II о.; реш. № 3039 от 4.03.2013 г. по адм. д. №   14984/2012 г., ВАС, II о.; реш. № 8567 от 14.06.2013 г. по адм. д. №   5906/2013 г., ВАС, II о.; реш. № 3288 от 10.03.2014 г. по адм. д. №   15163/2013 г., ВАС, II о.; реш. № 6291 от 12.05.2014 г. по адм. д. №   507/2014 г., ВАС, II о.; реш. № 6973 от 26.05.2014 г. по адм. д. №   859/2014 г., ВАС, II о.; реш. № 7224 от 28.05.2014 г. по адм. д. №   342/2014 г., ВАС, II о.; реш. № 15428 от 17.12.2014 г. по адм. д. №   11539/2014 г., ВАС, II о.; and реш. № 11888 от 10.11.2015 г. по адм. д. № 6136/2015 г., ВАС, II о.), as is the legalisation of a building by the competent authorities (see реш. № 944 от 27.01.2015 г. по адм. д. №   8411/2014 г., ВАС, II о.), but that the issuing of a certificate that a building can be tolerated under the amnesty provisions of the 2001 Act (see paragraphs 28 and 29 above) is not (see реш. № 6023 от 26.05.2015 г. по адм. д. № 11540/2014 г., ВАС, II о.). 3.     Judicial review of the enforcement of demolition orders 35.     By Articles 294 et seq. of the Code, the decisions, actions or omissions of an administrative enforcement authority are subject to judicial review by the competent first-instance administrative court at the instance of the parties to the enforcement proceedings or any third parties whose rights, freedoms or lawful interests have been affected by them. By Article 298 §   4, the court’s judgment is not subject to appeal. 36.     The Supreme Administrative Court has held that persons who are not addressees of a demolition order and whose property rights would not be affected by its enforcement are not entitled to challenge its enforcement under those provisions (see опр. № 7946 от 16.06.2009 г. по адм. д. №   3935/2009 г., ВАС, II о.). However, in a more recent case the Lovech Administrative Court found, in a final judgment, that persons claiming that the enforcement of a demolition order would affect their right to respect for their home within the meaning of Article 8 § 1 of the Convention are entitled to challenge that enforcement under Article 294 et seq. of the Code (see реш. № 7 от 13.01.2016 г. по адм. д. № 156/2015 г., АС-Ловеч). 37.     In three final judgments given in March and July 2013 and February 2014 (реш. № 749 от 22.03.2013 г. по адм. д. № 911/2013 г., АС-Варна; реш. 1782 от 04.07.2013 г. по адм. д. № 1650/2013 г., АС-Варна; and реш. № 929 от 17.04.2014 г. по адм. д. № № 911/2013 г., АС-Варна), the Varna Administrative Court dismissed claims under Article 294 of the Code in relation to the demolition of a building which was the claimants’ only home. It examined the matter by reference to the principle of proportionality, as enshrined in Article 6 of the Code (see paragraph 27 above) and Article 8 of the Convention, but held that even though the building was the claimants’ only home, it was still subject to demolition because it was illegal and because there were no alternative means of combatting illegal construction, especially considering that the claimants had knowingly erected the building in a zone where construction was prohibited. Any arguments relating to their poor health or lack of means were irrelevant. The balance between the competing interests had been resolved at the legislative level. Holding otherwise would mean that illegal buildings inhabited by persons in poor health or persons who had no other place to live could not be demolished, which would render building regulations nugatory. The claimants then managed, on the basis of the same arguments, to obtain the discontinuance by the building control authorities of the proceedings for the enforcement of the demolition order. However, in a final judgment of 22   June 2015 (реш. № 1399 от 22.06.2015 г. по адм. д. №   1230/2015 г., АС-Варна), the Varna Administrative Court, acting pursuant to a claim brought by the Sofia City Prosecutor’s Office, declared that discontinuance null and void on the basis that it had impermissibly been based on arguments already examined and rejected in a final judgment. 38 .     In a final judgment of 6 March 2015 (реш. № 6 от 06.03.2015 г. по адм. д. № 47/2015 г., АС-Хасково), the Haskovo Administrative Court dismissed a claim under Article 294 of the Code in relation to the demolition of a building which was the claimants’ only home. It held that it could not discuss the claimants’ arguments relating to the proportionality of the demolition because they did not concern the lawfulness of the enforcement but the lawfulness of the demolition order, which had already been upheld in prior judicial review proceedings. 39.     In two final judgments given in January 2016 (реш. № 5 от 06.01.2016 г. по адм. д. № 112/2015 г., АС-Ловеч, and реш. № 7 от 13.01.2016 г. по адм. д. № 156/2015 г., АС-Ловеч), the Lovech Administrative Court dismissed claims under Article 294 of the Code in relation to the demolition of buildings which were the claimants’ only home. Like the Varna Administrative Court and unlike the Haskovo Administrative Court, it examined the matter by reference to the principle of proportionality, as enshrined in Article 6 of the Code (see paragraph 27 above) and Article 8 of the Convention, but held that even though the buildings were the claimants’ only home, they were still subject to demolition because they were illegal and because there were no alternative means of combatting illegal construction. 40.     In four final decisions of 15 September 2015 (опр. № 995 от 15.09.2015   г. по адм. д. № 705/2015 г., АС-Пазарджик; опр. № 996 от 15.09.2015 г. по адм. д. № 707/2015 г., АС-Пазарджик; опр. № 997 от 15.09.2015 г. по адм. д. № 708/2015 г., АС-Пазарджик; опр. № 1002 от 15.09.2015 г. по адм. д. № 706/2015 г., АС-Пазарджик), the Pazardzhik Administrative Court imposed interim measures in proceedings under Article 294 of the Code relating to houses inhabited by a number of Roma families on the basis that the immediate enforcement of the orders for their demolition would render those families homeless. However, when it later examined the legal challenges under Article 294 of the Code on their   merits, the court declared the steps taken to enforce the demolition orders null and void on the basis that they had not been taken by a competent authority (see реш. № 599 от 13.10.2015 г. по адм. д. №   708/2015 г., АС-Пазарджик; реш. № 617 от 22.10.2015 г. по адм. д. № 705/2015 г., АС-Пазарджик; реш. № 624 от 23.10.2015 г. по адм. д. № 707/2015 г.; and реш. № 728 от 10.12.2015 г. по адм. д. № 706/2015 г., АС-Пазарджик). D.     Views expressed by the Ombudsman of the Republic 41.     In his report for 2012 ( link ), the Ombudsman of the Republic said, at p. 98, that it was important for the building control authorities to exercise preventive control of illegal construction, and that demolition was an extreme measure that could fall foul of the principle of proportionality enshrined in Article 6 of the Code of Administrative Procedure 2006. This was especially important when it came to the demolition of a building which was a person’s only home. 42 .     In his report for 2013 ( link ), the Ombudsman said, at pp. 92-93, that the building control authorities did not exercise sufficient preventive control of illegal construction and thus often had to resort to the harshest measure: demolition. In his view, there were not enough guarantees that when such measures would affect the only home of the person concerned, his or her rights under Article 8 of the Convention would be respected. 43.     In his report for 2014 ( link ), the Ombudsman said, at p. 80, that the aim of the law was more generally to deter illegal construction rather than just liquidate already existing illegal buildings. He reiterated the need to carry out preventive control and to adhere to the principle of proportionality under Article 6 of the Code of Administrative Procedure 2006 when measures of building control affected a person’s only home. E.     Contingency fee agreements between lawyers and clients 44.     By section 36(4) of the Bar Act 2004, lawyers’ fees may be stipulated as a percentage of the pecuniary interest at issue in the proceedings depending on their outcome, except in criminal cases and cases in which the dispute does not concern pecuniary interests. Although finding that unpaid sums due under such agreements are not recoverable as costs, the Supreme Court of Cassation held that such agreements are permitted between lawyers and clients (see тълк. реш. № 6 от 06.11.2013 г. по тълк.   д. № 6/2012 г., ВКС, ОСГТК). The courts have allowed claims by lawyers against clients for such contingency fees (see, for example, реш.   №   222 от 24.06.2014 г. по гр. д. № 152/2014 г., ОС-Добрич, and реш.   oт 14.04.2015 г. по гр. д. № 70677/2014 г., РС-Монтана, both final). THE LAW I.     ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION 45.     The applicants complained that the demolition of the house in which they live would be in breach of their right to respect for their home. They relied on Article 8 of the Convention, which provides, in so far as relevant: “1.     Everyone has the right to respect for ... his home ... 2.     There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” A.     The parties’ submissions 46.     The Government submitted that the decision ordering the demolition of the house in which the applicants lived was lawful. It had been judicially reviewed and upheld. It was also necessary for the protection of public safety. The national authorities had a wide margin of appreciation to tackle the problem of illegal construction. The impossibility to legalise unlawful buildings had been put in place in view of the strong public interest to ensure the safety, hygiene and aesthetics of construction. The demolition of a building because it had been erected without a permit was a proportionate measure required in all cases and not capable of being eschewed at the discretion of the building control authorities. Those authorities had acted straight away when apprised of the illegality of the house inhabited by the applicants, and had not tolerated an illegal situation for a long time: the applicants had started inhabiting the house at the earliest in 2009 and the demolition procedure had started in 2011. The applicants had constructed the house knowing full well that they had not obtained the required permit. All such buildings, unless falling under the transitional amnesty provisions of the 2001 Act, were subject to demolition; the courts had inquired into that point in the applicants’ case. The authorities had allowed the first applicant to comment on the intended demolition, and had invited her to comply with the demolition order of her own accord. In as much as she argued that she had no other place to live, it had to be noted that in June 2013, after the beginning of the demolition proceedings, she had donated a flat that she owned in Burgas and that, although the authorities did not have an obligation to provide the applicants, who did not belong to a particularly vulnerable group, with alternative accommodation, they had explored the possibility of settling them in a municipal flat. The second applicant was in receipt of a sufficiently high pension and the first applicant was able to work. They could thus afford to pay market rent in Sinemorets, and their personal circumstances were not as dire as they sought to paint them. The authorities had endeavoured to take all these matters into account when sending a social worker to interview the first applicant. It was equally possible to have the proportionality of the demolition reviewed in proceedings under Article 278 of the Code of Administrative Procedure 2006. The interference with the applicants’ right to respect for their home was therefore proportionate. Article 8 of the Convention could not be construed as precluding the enforcement of the building regulations in respect of those who sought to flout them, or as requiring the authorities to provide persons in the applicants’ situation with a place to live. 47.     The applicants submitted that they had lived in the house undisturbed for nearly seven years, even though the local authorities were fully aware that it had been constructed without a permit, as the applicants had paid taxes in respect of the house and had their address registration there, and as Sinemorets was a small village. It was moreover widely known that many buildings in villages and small towns in Bulgaria had been constructed without a permit. The Ombudsman of the Republic had commented on that, saying that the authorities did not systematically combat illegal construction and had to do so pre-emptively rather than ex post facto . In spite of that recommendation, the only way of dealing with illegal buildings envisaged by the law was their demolition. The applicants were particularly vulnerable because the second applicant was handicapped and had a small pension, and the first applicant had been unemployed since 2003. The only illegality affecting the house was that it had been constructed without a permit; it otherwise fully complied with the applicable regulations. The public interest did not require its demolition, which would result in rendering two elderly persons with health problems homeless. The rules governing the demolition of buildings constructed without a permit, as interpreted by the Supreme Administrative Court, did not envisage any proportionality assessment or a procedure affording proper guarantees in that respect, and did not leave any discretion to the competent authorities, which were required to enforce them regardless of individual circumstances. B.     The Court’s assessment 1.     Admissibility 48.     The complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention or inadmissible on other grounds. It must therefore be declared admissible. 2.     Merits 49 .     Although only the first applicant has legal rights to the house, both applicants have in fact lived in it for a number of years (see paragraphs 8 and   11 above). It is therefore “home” for both of them (see, among other authorities, Buckley v. the United Kingdom , 25 September 1996, § 54, Reports of Judgments and Decisions 1996-IV; Prokopovich v. Russia , no.   58255/00, §§ 36-39, ECHR 2004-XI (extracts); McCann v. the United Kingdom , no. 19009/04, § 46, ECHR 2008; Yordanova and Others v.   Bulgaria , no. 25446/06, §§ 102-03, 24 April 2012; and Winterstein and   Others v. France , no. 27013/07, § 141, 17 October 2013), and the order for its demolition amounts to an interference with their right to respect for that home (see, mutatis mutandis , Ćosić v. Croatia , no. 28261/06, § 18, 15   January 2009; Yordanova and Others , cited above, § 104; and Winterstein and Others , cited above, § 143). 50 .     The interference was lawful. The demolition order had a clear legal basis in section 225(2)(2) of the Territorial Organisation Act 2001 (see paragraphs 12 and 26 above). It was upheld, following fully adversarial proceedings, by two levels of court (see paragraphs 14 and 16 above), and there is nothing to suggest that it was not otherwise “in accordance with the law” within the meaning of Article 8 § 2 of the Convention. 51.     The Court is satisfied that the demolition would pursue a legitimate aim. Even if its only purpose is to ensure the effective implementation of the regulatory requirement that no buildings can be constructed without permit, it may be regarded as seeking to re-establish the rule of law (see, mutatis mutandis , Saliba v. Malta , no. 4251/02, § 44, 8 November 2005), which, in the context under examination, may be regarded as falling under “prevention of disorder” and as promoting the “economic well-being of the country”. This is particularly relevant for Bulgaria, where the problem of illegal construction appears to be rife (see paragraphs 41-43 above). 52 .     Thus, the salient issue is whether the demolition would be “necessary in a democratic society”. On this point, the case bears considerable resemblance with cases concerning the eviction of tenants from public housing (see McCann , cited above; Ćosić , cited above; Paulić v. Croatia , no.   3572/06, 22 October 2009; Kay and Others v. the United Kingdom , no.   37341/06, 21 September 2010; Kryvitska and Kryvitskyy v.   Ukraine , no.   30856/03, 2 December 2010; Igor Vasilchenko v. Russia , no.   6571/04, 3   February 2011; and Bjedov v. Croatia , no. 42150/09, 29 May 2012), and cases concerning the eviction of occupiers from publicly owned land (see Chapman v. the United Kingdom [GC], no. 27238/95, ECHR   2001-I; Connors v. the United Kingdom , no. 66746/01, 27 May 2004; Yordanova and Others , cited above; Buckland v. the United Kingdom , no. 40060/08, 18   September 2012; and Winterstein and Others v. France , no. 27013/07, 17   October 2013). An analogy may also be drawn with cases concerning evictions from properties previously owned by the applicants but lost by them as a result of civil proceedings brought by a private person, civil proceedings brought by a public body, or tax enforcement proceedings (see, respectively, Zehentner v. Austria , no. 20082/02, 16 July 2009 (proceedings brought by a creditor); Brežec v. Croatia , no. 7177/10, 18 July 2013 (proceedings brought by the true owner of the premises); Gladysheva v.   Russia , no. 7097/10, 6 December 2011 (proceedings brought by a municipal body); and Rousk v. Sweden , no. 27183/04, 25 July 2013 (tax enforcement proceedings)). 53.     Under the Court’s well-established case-law, as expounded in those judgments, the assessment of the necessity of the interference in cases concerning the loss of one’s home for the promotion of a public interest involves not only issues of substance but also a question of procedure: whether the decision-making process was such as to afford due respect to the interests protected under Article 8 of the Convention (see Connors , §   83; McCann , § 49; Kay and Others , § 67; Kryvitska and Kryvitskyy , § 44; and Yordanova and Others , § 118 (iii), all cited above). Since the loss of one’s home is a most extreme form of interference with the right to respect for the home, any person risking this – whether or not belonging to a vulnerable group – should in principle be able to have the proportionality of the measure determined by an independent tribunal in the light of the relevant principles under that Article (see, among other authorities, McCann , § 50; Ćosić , § 22; Zehentner , § 59; Kay and Others , § 68; Buckland , § 65; and Rousk , § 137, all cited above). The factors likely to be of prominence in this regard, when it comes to illegal construction, are whether or not the home was established unlawfully, whether or not the persons concerned did so knowingly, what is the nature and degree of the illegality at issue, what is the precise nature of the interest sought to be protected by the demolition, and whether suitable alternative accommodation is available to the persons affected by the demolition (see Chapman , cited above, §§ 102-04). Another factor could be whether there are less severe ways of dealing with the case; the list is not exhaustive. Therefore, if the person concerned contests the proportionality of the interference on the basis of such arguments, the courts must examine them carefully and give adequate reasons in relation to them (see Yordanova and Others , § 118 (iv) in fine , and Winterstein and Others , §   148 (δ) in fine , both cited above); the interference cannot normally be regarded as justified simply because the case falls under a rule formulated in general and absolute terms. The mere possibility of obtaining judicial review of the administrative decision causing the loss of the home is thus not enough; the person concerned must be able to challenge that decision on the ground that it is disproportionate in view of his or her personal circumstances (see McCann , §§ 51-55; Ćosić , §§ 21-23; and Kay and   Others , § 69-74, all cited above). Naturally, if in such proceedings the national courts have regard to all relevant factors and weigh the competing interests in line with the above principles – in other words, where there is no reason to doubt the procedure followed in a given case – the margin of appreciation allowed to those courts will be a wide one, in recognition of the fact that they are better placed than an international court to evaluate local needs and conditions, and the Court will be reluctant to gainsay their assessment (see Pinnock and Walker v. the United Kingdom (dec.), no.   31673/11, §§ 28-34, 24 September 2013). 54 .     The Court cannot agree with the position, expressed by some Bulgarian administrative courts, that the balance between the rights of those who stand to lose their homes and the public interest to ensure the effective implementation of the building regulations can as a rule properly be struck by way of an absolute rule permitting of no exceptions (see paragraphs 26 and 37 above). Such an approach could be sustained under Article 1 of Protocol No. 1, which gives the national authorities considerable latitude in dealing with illegal construction (see paragraphs 73-76 below), or in other contexts (see Animal Defenders International v. the United Kingdom [GC], no. 48876/08, §§ 106-09, ECHR 2013 (extracts), with further references). But given that the right to respect for one’s home under Article 8 of the Convention touches upon issues of central importance to the individual’s physical and moral integrity, maintenance of relationships with others and a settled and secure place in the community, the balancing exercise under that provision in cases where the interference consists in the loss of a person’s only home is of a different order, with particular significance attaching to the extent of the intrusion into the personal sphere of those concerned (see Connors , cited above, § 82). This can normally only be examined case by case. Moreover, there is no evidence that the Bulgarian legislature has given active consideration to this balance, or that in opting for a wholesale rather than a more narrowly tailored solution it has taken into account the interests protected under Article 8 of the Convention (see, mutatis mutandis , Vallianatos and Others v. Greece [GC], nos. 29381/09 and 32684/09, § 89, ECHR 2013 (extracts), and contrast, mutatis mutandis , Animal Defenders International , cited above, §§ 114-16). On the contrary, the Ombudsman of the Republic has repeatedly expressed concern in that regard (see paragraphs   41-43 above). 55 .     Nor can the Court accept the suggestion that the possibility for those concerned to challenge the demolition of their homes by reference to Article   8 of the Convention would seriously undermine the system of building control in Bulgaria (see paragraph 37 above). It is true that the relaxation of an absolute rule may entail risks of abuse, uncertainty or arbitrariness in the application of the law, expense, and delay. But it can surely be expected that the competent administrative authorities and the administrative courts, which routinely deal with various claims relating to the demolition of illegal buildings (see paragraphs 26, 27, 34 and 37-39 above), and have recently showed that they can examine such claims in the light of Article 8 of the Convention (see paragraph 30 above), will be able to tackle those risks, especially if they are assisted in this task by appropriate parameters or guidelines. Moreover, it would only be in exceptional cases that those concerned would succeed in raising an arguable claim that demolition would be disproportionate in their particular circumstances (see, mutatis mutandis , McCann , § 54; Paulić , § 43; and Bjedov , § 67, all cited above). 56.     The proceedings conducted in this case did not meet the above-mentioned procedural requirements, as set out in paragraph 53. The entire focus of those proceedings, in which the first applicant sought judicial review of the demolition order – the second applicant, not having any property rights over the house and not being an addressee of the order, would not have even had standing to take part in them (see paragraph 26 in   fine above) – was whether the house had been built without a permit and whether it was nevertheless exempt from demolition because it fell within the transitional amnesty provisions of the relevant statute (see paragraphs 14 and 16 above). In her appeal, the first applicant raised, albeit briefly, the points that the applicants now put before the Court: that the house was her only home and that she would be severely affected by its demolition (see paragraph 15 above). The Supreme Administrative Court did not even mention, let alone substantively engage with this point (see, mutatis mutandis , Brežec , cited above, § 49). This is hardly surprising, as under Bulgarian law it is not relevant for the demolition order’s lawfulness. Under the applicable statutory provisions, as construed by the Supreme Administra