Construction activity in Georgia is strictly regulated, and any type of construction (except for Class I minor objects) requires an appropriate permit. Obtaining a construction permit is a complex administrative process involving multiple stages: starting from the approval of Land Use Terms (GAP), through agreeing on the architectural project, to the issuance of the construction permit. Especially in large cities like Tbilisi and Batumi, zoning regulations and cultural heritage protection norms often complicate the process. Incorrectly prepared documentation or disregard for regulations leads to permit refusal, suspension of construction, or substantial fines for unauthorized building.
The assistance of a construction law specialist is necessary not only to obtain a permit but also to ensure the legal compliance of the entire process. This involves interacting with municipal bodies (e.g., Tbilisi Architecture Service), timely rectification of defects, and appealing refusals. Legal.ge allows you to connect with experienced lawyers who will ensure the legality of your construction project and save you time and financial resources in bureaucratic mazes.
What Does Construction Permits & Licensing Service Cover?
This service covers all administrative and legal aspects of the construction process:
- Land Plot Audit: Checking the construction potential of the land, determining the functional zone (K2 coefficient), and analyzing restrictions (easements, liens).
- Permitting Process: Full legal support at all three stages: Stage I (obtaining GAP), Stage II (agreeing on the architectural project), and Stage III (issuance of the construction permit).
- Zoning Changes: Participating in the preparation and approval of the Detailed Development Plan (DDP/GRG), requesting changes to functional zones.
- Cultural Heritage: Obtaining special permits for works on cultural heritage monuments or within their protective zones.
- Commissioning: Passing procedures for accepting the object into exploitation after construction completion and registering ownership.
- Dispute Resolution: Appealing negative decisions of the municipality, fines, and stop-work orders in court.
Common Real-World Scenarios
In the construction sector, the following problems often arise where lawyer intervention is essential:
The first scenario is "Refusal of GAP." An investor bought land to build an apartment block, but the City Hall refused to approve the Land Use Terms due to zoning non-compliance or lack of a transport study. The lawyer helps correct the deficiency or appeals the refusal.
The second case is "Project Modification." During construction, the client wants to add a floor or change the facade. Any deviation from the approved project requires a new agreement (correction). Unauthorized changes lead to large fines.
The third scenario is "Neighbors' Complaint." Neighbors appeal the issued permit because the construction blocks their view or violates insolation norms. This leads to the suspension of construction. The lawyer defends the developer's interests in court.
The fourth situation is "Extension of Deadline." Construction could not be completed within the permit timeframe. It is necessary to extend the validity of the permit to avoid penalties.
Georgian Legal Framework and Regulations
Construction permits are regulated by a number of legislative acts:
- Product Safety and Free Movement Code of Georgia: This is the primary law defining general principles for issuing construction permits and object classes (I to V).
- Government Resolution No. 57: "On the Rule of Issuing Construction Permits and Permit Conditions." This document regulates procedures in detail.
- Technical Regulation "Safety Rules for Buildings" (Resolution No. 41): Establishes safety standards that the project must meet.
- Code on Spatial Planning, Architectural and Construction Activities: A new code regulating spatial arrangement and supervision.
Process and Stages
The process begins with preparing an application on the electronic portal (e.g., tas.ge in Tbilisi). The lawyer and architect jointly prepare the documentation. At the first stage, the Land Use Terms are established. Then the architectural project, structural scheme, and other engineering parts are agreed upon. Finally, the permit is issued, and construction begins. Throughout construction, the lawyer ensures communication with the Supervision Service, and after completion — the handover of the object (acceptance into exploitation).
Why Legal.ge?
The field of construction permits in Georgia is one of the most bureaucratic and volatile. Legal.ge gives you access to lawyers specializing in administrative and construction law. They know how to avoid typical mistakes, reduce risks, and ensure the timely start and completion of your project. Trust professionals to protect your investment.
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