Property and housing
Error in the registry extract: area, name, address: what to do under Georgian law
How to correct an error in a registry extract, such as the area, name or address: when it is a technical error that the registry must fix free of charge, when the change is to the registered data itself, how to handle name mismatches and how to appeal a refusal.
What to do
- Compare the extract with the basis document. If the registry erred, this is a technical error: the Agency must immediately correct its own technical error (Law of Georgia on Public Registry, Art. 28). This covers an inaccurate transfer of data from the documents or an error in calculations (Art. 28), including spelling and arithmetic errors (Art. 28). The correction is free of charge, with a term of 1 working day (Resolution on the Fees, Payment Procedure and Service Timeframes of the National Agency of Public Registry, Art. 6). An error in the contract itself is not a technical error: the document must be corrected first.
- Area: if the area in the document was added or multiplied incorrectly, the Agency recalculates it itself (Instruction on the Law on Public Registry, Art. 15). The area is taken from the document, or from the measurement drawing if one exists (Instruction, Art. 16). If the actual area differs, this is a change of data: it is made by drawing, with the consent of the co-owners or the association (Instruction, Art. 16). For an isolated premises, the association's consent is not required (Instruction, Art. 16). An area larger than in the document is grounds for suspension (Law of Georgia on Public Registry, Art. 21).
- Name, surname, personal number: if the letters differ but the personal number and date of birth match, correction is made on the identity card (Law of Georgia on Public Registry, Art. 24). Otherwise, a Ministry of Justice commission decides whether the document belongs to the person (Art. 24), or a court establishes that fact (Civil Procedure Code of Georgia, Art. 312).
- A sale or mortgage need not wait: an arrest does not prevent correction of a technical error or of identification data (Instruction, Art. 21). If correction is refused, appeal within 30 calendar days from official notification (Law of Georgia on Public Registry, Art. 29): first an administrative complaint, then court (Art. 29).
- Where to apply: Public Service Hall or National Agency of Public Registry; Ministry of Justice commission; court.
- Evidence: the extract, the document on which registration was based, identity card, measurement drawing, consents.
- Pitfalls: paying for a 'change of data' when the registry itself made the error; demanding a 'technical correction' when the area changed because of a redevelopment; postponing the correction until a sale.
Be sure to check
- the difference between a registry technical error and a change to the registered data
- a technical error: free and quick, on application or upon discovery
- area: recalculation or a new measurement drawing, and the consent of co-owners or the association
- name mismatch: correction on the identity card, commission or court
- appeal of a refusal