Legalising an unauthorised building: what to do under Georgian law

What to do

1. Establish the facts: what was built, when it was completed, its class, whose land it stands on, and whether it was built without a permit or with a deviation from the project. Class I requires a notification; Classes II–IV require a permit (Spatial Planning, Architectural and Construction Activities Code of Georgia, Art. 94).
2. Before 2007: simplified legalisation — only for objects completed before 1 January 2007 (Rules and Conditions for Legalising Objects Built Without a Permit and/or in Breach of the Project, and the Term and Conditions for Completing and Legalising Objects Begun Before 1 January 2007 (Legalisation Rules), Art. 1); an application by the owner to the permitting authority, under a simple procedure (Legalisation Rules, Art. 4); a project of the existing state, a topographic base, an extract and photos (Legalisation Rules, Art. 4); decision within 30 days (Legalisation Rules, Art. 8); silence means legalised (Legalisation Rules, Art. 8); legalisation equals acceptance into operation (Legalisation Rules, Art. 1).
3. After 2007: a permit for the building as constructed, if it meets the requirements (Spatial Planning, Architectural and Construction Activities Code of Georgia, Art. 112); required: a receipt for the fine, an expert examination and as-built drawings (Art. 112); for a deviation from the project, a new permit (Art. 112). Fine: outside Tbilisi and protected zones — GEL 6,000 / 4,000 / 1,000 (self-governing city / city / village) (Art. 130); in Tbilisi and protected zones — GEL 8,000 on private land (Classes III–IV — GEL 20,000) (Art. 131); permit fee for a residential house — up to GEL 4 per square metre (Law of Georgia on Local Fees, Art. 6).
4. Registry: without legalisation, only an information card is available (Law of Georgia on Public Registry, Art. 15⁶); after legalisation the registry informs the municipality and the construction supervision body about the building (Law of Georgia on Public Registry, Art. 15⁶).
5. Refusal: a complaint — within 1 month (General Administrative Code of Georgia, Art. 180); a lawsuit — within 1 month (Administrative Procedure Code of Georgia, Art. 22). Risk: construction supervision may order demolition (Spatial Planning, Architectural and Construction Activities Code of Georgia, Art. 127); its order may be appealed within 15 calendar days, and demolition is not suspended by the appeal (Art. 128).
6. Neighbour: an affected neighbour takes part in the proceedings but has no veto (Spatial Planning, Architectural and Construction Activities Code of Georgia, Art. 110).
7. Where to apply: municipality (in Tbilisi — Architecture Service); construction supervision; Public Registry; court.
8. Evidence: land extract, proof of the construction date (aerial photos, old technical passports, invoices), measurements, expert examination, photos.
9. Pitfalls: going to the registry before legalisation; applying simplified rules to a building constructed after 2007; in Tbilisi, taking the general fine instead of the special one; adding a storey to an apartment block, which affects common property.

Be sure to check

• two regimes — a building completed before 2007 (simplified legalisation) and one completed later (permit for the building as constructed)
• the fine as a condition of legalisation, its amount depending on location, expert examination and measurements
• the authority and time limits for the decision; the consequences of silence
• registration in the Public Registry only after legalisation
• appeal against a refusal and the risk of demolition