What Article 152 governs and how Article 152³ differs from it
Article 152 of the Code of Administrative Offences of Georgia protects territories from harm connected with construction and repair works: it punishes the unauthorised excavation of a yard, a garden, a street or a square, damage caused by works, and obstruction with construction materials — where the place is not restored to its original state, the territory is arbitrarily left abandoned, or a condition established by a legal act for the works is breached. Article 152³ addresses the same acts on the territory of the Tbilisi municipality and sets sharply higher sanctions.
The two norms thus govern the same conduct with different territorial reach: Article 152 for municipalities in general, Article 152³ for Tbilisi. The first question of the case is therefore precisely this: where did the breach take place.
Sanctions under Article 152
Under the first part of Article 152 the basic breach entails a fine of 200 GEL for a physical person and 1,000 GEL for a legal person. The same act committed in a cultural heritage protection zone is far stricter: 1,000 GEL for a physical person and 3,000 GEL for a legal person. The third part stiffens the sanction not through repetition but through non-remediation: where the consequence of the act is not removed within 10 days of the imposition of the penalty, the fine becomes 1,000 GEL for a physical person and 3,000 GEL for a legal person.
Sanctions under Article 152³ — Tbilisi
In Tbilisi the same acts cost five times more in the basic composition: a physical person is fined 1,000 GEL and a legal person 3,000 GEL. In a cultural heritage protection zone the fine is 2,000 GEL for a physical person and 6,000 GEL for a legal person. And where the consequence is not removed within 10 days of the penalty, the fine is again 2,000 and 6,000 GEL respectively. These are among the highest administrative fines in the Code, which is precisely why territorial questions connected with construction demand professional attention.
The surcharge mechanics
The notes to both articles set the same rule: where the imposed fine is not paid within the period determined by the Code, the violator is charged a surcharge equal to the fine, and where the surcharge too remains unpaid for 30 days, enforcement measures follow. A breach during construction in Tbilisi can thus be topped up with a surcharge and reach 12,000 GEL for a legal person.
What a lawyer checks in this category of cases
First — the territorial qualification: whether the breach occurred within the administrative boundaries of Tbilisi, since that determines which article and which fine apply. Second — the fact of a cultural heritage zone: that circumstance multiplies the fine several times, and it is established from maps and documents. Third — the restoration obligation: whether the excavated place was returned to its original state, and at which stage. Fourth — the counting of the ten-day period, which determines the application of the third part.
How we can help
The lawyers of legal.ge will assess under which article the case proceeds and whether the qualification is correct, verify the heritage-zone status and the restoration periods, defend you before the reviewing authority and prepare an appeal. For a consultation, bring the fine decision, the construction permit documents, and photographs of the territory before and after the works. And remember: restoration within the ten-day period spares you the third part — it is the cheapest defensive step available.
Practical scenarios and prevention
The practical reach of these norms is broad. A typical scenario is the installation of utilities — opening a road to lay a cable line and leaving the asphalt unrestored; a second is the accumulation of construction materials on a street in a way that restricts movement; a third is leaving the territory around a completed object in an abandoned state. Each such episode is assessed separately, and the restoration obligation applies to each.
Three rules of prevention for a business: first, before starting works obtain the corresponding legal act and comply precisely with the conditions fixed in it; second, plan the restoration within the works schedule itself, not after receiving a fine; third, treat the ten-day period as a critical work schedule. These three steps practically annul the risk of the 6,000 GEL fines in Tbilisi.
As for heritage zones — when working in the historic districts of Tbilisi this circumstance is almost always active, and the fines there are the highest. Checking the boundaries of a zone in advance is a mandatory step in project planning.