Buying a land plot: what to check: what to do under Georgian law

What to do

1. Intended use: the plot's purpose (agricultural or non-agricultural) is recorded in the registry (Law of Georgia on Public Registry, Art. 15). On private agricultural land, an individual residential house is permitted in line with the zone or the established development (Spatial Planning, Architectural and Construction Activities Code of Georgia, Art. 67). Otherwise, a change of agricultural purpose is allowed where there is a justified need; the decision is taken by the National Agency of Public Registry (Law on Determination of the Intended Purpose of Land, Art. 7). A foreign national may hold agricultural land in ownership only if it was obtained by inheritance (Law on Ownership of Agricultural Land, Art. 4). Agricultural land is offered first: when agricultural land is sold, the pre-emptive right of purchase belongs to the co-owners and to the lessee, if at least 2 years have passed since the lease was registered (Law on Determination of the Intended Purpose of Land, Art. 10).
2. Building: within a functional sub-zone, only what matches the permitted use in that sub-zone may be built (Spatial Planning, Architectural and Construction Activities Code of Georgia, Art. 92); maximum development coefficients may be exceeded only in exceptional cases (Art. 92). Before purchase, any interested person, not only the owner, may request the development conditions for the plot (Art. 97). These conditions are the first stage of the construction permit (Art. 101); the decision approving them is taken within 10 working days of the application (Art. 104).
3. Boundaries: where cadastral data overlap or the area exceeds that in the document, registration of the purchase is suspended (Law of Georgia on Public Registry, Art. 21). Check the coordinates and area against the actual site before the transaction.
4. Access and utilities: if there is no connection to a road or to networks, you may require the neighbour to tolerate passage or utilities in exchange for compensation (Civil Code of Georgia, Art. 180). No such right exists if the owner eliminated the existing access themselves, for example by selling the part of the plot with the road (Art. 180). More reliably, an easement of passage is established in the manner prescribed for acquiring immovable property: in writing and registered in the registry (Civil Code of Georgia, Art. 247), simultaneously with the purchase.
5. Where to apply: National Agency of Public Registry; City Hall or architecture service (development conditions); utility companies; notary.
6. Evidence: registry extract; zoning map; development conditions; geodetic survey; easement agreement; utility connection specifications.
7. Pitfalls: buying an agricultural plot 'for a house' without checking the zone; buying a plot with no legal access; trusting a fence rather than the cadastral coordinates; a foreign national buying agricultural land directly.

Be sure to check

• intended use (agricultural or non-agricultural) and whether it can be changed
• functional zone and coefficients; development conditions can be obtained before purchase
• cadastral data and area
• access and utilities: a necessary right of way or an easement
• restrictions for foreigners on agricultural land, and the pre-emptive right of purchase