Constitutional Foundations of Real Property Ownership
The acquisition and ownership of real property in Georgia by foreigners rests first of all within the general framework defined by the Constitution: the right to property and inheritance is recognised and inviolable, and the annulment of the universal right to property, its acquisition, alienation or receipt by inheritance is impermissible. This formulation is universal and does not limit the protection to citizens alone — a foreigner's ownership therefore stands under the same guarantee. At the same time, exceptions connected with particular categories are regulated by other provisions of the legislation, which is why each transaction requires a precise verification of the applicable regulation in force. On this page we explain the constitutional foundations on which the protection of a foreigner's ownership is built, and show how these guarantees operate in practice.
Conditions for Restricting and Depriving Ownership
The Constitution sets strict conditions for restricting ownership: for necessary public need, the restriction of the rights to property, its acquisition, alienation or receipt by inheritance is admissible in cases defined by law and by the established procedure, in such a way that the essence of the right to property is not violated. Deprivation is a stricter instrument: it is admissible only in cases directly provided for by law, by decision of a court or in a state of urgent necessity established by organic law, subject to prior, full and fair compensation. Such compensation is exempt from any tax or fee. This means that the taking of property by the state without compensation is constitutionally impermissible, and the compensation must counterbalance the lost value in a scope that is full and fair, established before the deprivation takes effect rather than after it.
Freedom of Movement and Choice of Residence
Ownership of real property is accompanied by freedom of movement: everyone who is lawfully present in Georgia has the right to free movement throughout the whole territory of the country and to free choice of place of residence. This guarantee directly concerns foreigners who own or acquire property in Georgia — activity connected with their property within the country rests on free movement. Under the same norm, everyone lawfully present in Georgia may freely leave the country. These rights may be restricted only in accordance with the law, for the purpose of ensuring state security or public safety necessary for the existence of a democratic society, the protection of health, the prevention of crime or the administration of justice. A restriction is therefore admissible only if it is lawful and serves one of the named purposes, which is a material shield for a property owner facing administrative obstacles.