Noise from a bar, club or night-time construction: what to do under Georgian law

What to do

1. Identify the source: a business operator (bar, club, restaurant) or construction, and the time of day. Daytime is 08:00 to 23:00; night-time is 23:00 to 08:00 (Administrative Offences Code of Georgia, Art. 77¹).
2. Administrative route, at the time of the noise: noise cases are considered by the municipal service designated by the Sakrebulo (council) (Administrative Offences Code of Georgia, Art. 209³). If the violator is obvious, an on-the-spot fine applies (Art. 209³). Permissible levels are set by the technical regulation on acoustic noise norms, and a measurement is required (Art. 77¹). Sanctions escalate. Exceeding permissible noise in a residential building, day or night, is punishable by a fine of 150 lari for an individual and 1,500 lari for a legal entity or sole trader (Art. 77¹). On repeat, the fine for a legal entity or sole trader is 5,000 lari (Art. 77¹). On the third and subsequent occasions it is 10,000 lari (Art. 77¹).
3. Construction: only DAYTIME construction and repair work is exempt from liability; night-time construction falls under the fine (Art. 77¹). Municipality-approved public events (recreation, culture, sport) are also exempt, but this does not cover ordinary bar operations (Art. 77¹). Work without a permit: construction without a permit, or in breach of its conditions, may be suspended by the construction supervision body (Spatial Planning, Architectural and Construction Activities Code of Georgia, Art. 127).
4. Civil route (soundproofing, operating hours): any real estate from which mutual impact is possible counts as a neighbour, including a bar in the same building (Civil Code of Georgia, Art. 174). One must tolerate noise only if it does not interfere with use or is insignificant (Art. 175). Significant noise is tolerated only if it cannot be eliminated by measures normal for that kind of activity (Art. 175). The owner may demand that the interference stop, and if it continues, go to court (Civil Code of Georgia, Art. 172). If noise must be tolerated but exceeds what is usual for the locality, monetary compensation is due (Art. 175). While the claim is pending, a securing measure is available: a prohibition on the defendant performing certain actions (Civil Procedure Code of Georgia, Art. 198).
5. Evidence: collect it from the first day. Keep every call and report, measurements, time-stamped video, and a collective application from residents.
6. Where to apply: the municipal service that handles noise (in Tbilisi, the municipal service of the City Hall); the municipal construction supervision; civil court; the apartment owners' association, for a collective claim.
7. Evidence: reports and fine decisions, noise measurements, video or audio with date and time, a log of night-time disturbances, a collective application from residents, medical certificates.
8. Pitfalls: complaining during the day or the next day, since violations are recorded at the moment of the noise; assuming construction is allowed round the clock because a permit exists; relying only on fines, since repeated fines will not force soundproofing, for which a claim is needed.

Be sure to check

• night-time and breach of noise norms as an administrative offence
• fines for legal entities and sole traders, and their escalation on repeat
• who records and fines (municipal service); night-time construction is not exempt
• claim to stop the interference or require soundproofing, and compensation; securing measure
• evidence