---
title: "Failure to return temporarily occupied land or restore it to usable condition (Art. 53)"
url: "https://legal.ge/en/service/administrative-and-public-law-en/failure-to-return-temporarily-occupied-land-or-restore-it-to-usable-condition-art-53-en"
field: "Administrative & Public Law"
description: "Article 53: failing to return temporarily occupied land on time or restore it — a fine of 400 to 500 lari. Defence and appeal — Legal.ge."
updated: "2026-10-14"
publisher: "legal.ge"
---

# Failure to return temporarily occupied land or restore it to usable condition (Art. 53)

> Source: legal.ge, https://legal.ge/en/service/administrative-and-public-law-en/failure-to-return-temporarily-occupied-land-or-restore-it-to-usable-condition-art-53-en

## What Article 53 is about

Article 53 of the Georgian Code of Administrative Offences deals with temporarily occupied land — a plot that has passed into someone else's use for a defined period and must afterwards be given back. The article itself does not list the grounds on which land may be temporarily occupied, nor for how long. It regulates only the moment at which the period of occupation ends and the obligations attached to it fall due. In practice this situation arises most often in connection with construction, engineering or installation works, but that does not follow from the text of the provision itself: the article confines itself to describing the conduct and leaves the grounds of occupation to be set out elsewhere. Nor does the provision say who inspects the condition of the plot, or by what procedure, so no conclusion on that can be drawn from the text itself.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/administrative-and-public-law-en/failure-to-return-temporarily-occupied-land-or-restore-it-to-usable-condition-art-53-en

### The land was returned on time but not tidied up. Is that still an offence?

Article 53 names the two acts as alternatives, so each one triggers liability on its own. Returning the plot within the deadline does not discharge the separate obligation to bring it into a condition fit for use in accordance with its designated purpose. In that situation the second limb remains in play.

### Why was the fine 500 lari rather than 400?

The article sets a range of 400 to 500 lari, so the specific figure is chosen by the decision-maker. The provision does not list the criteria on which that choice is made, which is why the reasoning section of the decision is worth reading closely before deciding whether to challenge it.

### What counts as usable condition?

The article ties usability to the plot's designated purpose: the land must be brought into a condition fit for use in accordance with that purpose. It sets no technical parameters, so the assessment is made on the facts of each case.

### Where does the deadline for returning the land come from?

Article 53 does not fix one. It refers only to a failure to return the land on time, meaning the deadline comes from the document under which the land was temporarily occupied. That document should be in the case file, and it is the first thing to obtain if it is not.

### Is the fine higher for a company than for an individual?

The article draws no distinction between categories of liable person and states one range for everyone. It also has no separate, aggravated part for a repeat offence — 400 to 500 lari is the whole of the sanction it provides.