Land purchase in Georgia is one of the most complex legal transactions, involving numerous specific risks and restrictions. Unlike buying an apartment, when purchasing a land plot, its status (agricultural vs. non-agricultural), functional zone, and boundary accuracy are of decisive importance. Georgian legislation strictly regulates land ownership, especially for foreign citizens who are prohibited from purchasing agricultural land. Attempts to bypass this ban often end in the invalidation of the transaction and loss of property. Additionally, problems related to overlapping boundaries, easements (right of way), and lack of utilities are common. Qualified legal service is essential for the buyer to know exactly what they are buying and whether they will be able to use the plot for their intended purposes (e.g., building a house).
What does the Land Purchase Legal Service cover?
The land purchase legal package covers all critical aspects:
- Status Verification: Checking the plot category (agricultural/non-agricultural) and intended use in the Public Registry.
- Boundary and Cadastral Audit: Analyzing electronic maps to rule out overlapping boundaries. Organizing the correction of survey drawings if necessary.
- Development Potential Research (GAP Analysis): Determining the plot's functional zone, building coefficients, and restrictions (e.g., protected areas, cultural heritage) at the local municipality.
- Legal Status of Utilities: Verifying the existence of technical conditions for connecting water, electricity, gas, and sewage.
- Drafting Purchase Agreement: Writing specific terms that protect the buyer (e.g., seller's warranty that the land is not under dispute).
- Status Change Procedures: If necessary, legal support for changing the status of agricultural land to non-agricultural (if legally permissible).
Common Scenarios and Needs
Clients often face the following challenges when buying land:
- Land Purchase by Foreigners: A foreigner wants to buy a plot to build a house. The lawyer looks for a plot with "non-agricultural" status or helps the seller change the status before the transaction.
- Overlapping Boundaries: Upon purchase, it turns out that a neighbor's fence intrudes into the plot or cadastral boundaries intersect. A boundary adjustment agreement with the neighbor is needed.
- Construction Permit Prospect: A client wants to build a hotel, but the plot is in a "Recreational Zone" where construction is restricted. The lawyer assesses the chances of rezoning.
- Easement (Servitude): The plot has no direct access to the road, and it is necessary to use a neighbor's plot. The lawyer formalizes an easement agreement.
Georgian Legislation and Regulations
Land law in Georgia is regulated by several important acts. The Organic Law of Georgia on Ownership of Agricultural Land establishes a strict ban on the purchase of agrarian land by foreigners. The Civil Code regulates real estate sales and neighbor law (boundaries, impact). The Code of Spatial Planning, Architectural and Construction Activities of Georgia determines land use rules, zoning, and building permits. Also, the Law on Cultural Heritage and the Environmental Assessment Code are important, as land development in certain areas may be restricted by archaeological or ecological factors.
Step-by-Step Process
The process begins with detailed research (Due Diligence) based on the plot's cadastral code. Registry data and municipal maps are checked. If defects are revealed (e.g., boundary inaccuracies), they are corrected by the seller before the transaction. In the next stage, the purchase agreement is prepared. If the buyer is a foreigner, the plot's status compliance with the law is verified. After signing and registering in the registry, the lawyer can assist the new owner in obtaining a fencing permit or construction permit (GAP).
Why Legal.ge?
Land purchase is associated with high risks that are difficult for an inexperienced eye to identify. Legal.ge gives you access to experts in land law and urban planning. Our specialists will check the plot "above and below ground" to ensure your investment is secure and your future plans are realistic. Avoid legal problems and trust the professionals at Legal.ge.
Updated: ...