If you lost a dwelling or other immovable property on the territory of Georgia as a result of the conflict, the law puts a clear, step-by-step mechanism at your disposal: return of the immovable property; where that is impossible, receipt of adequate, substitute housing of the same value; and where even the transfer of substitute housing is impossible, monetary compensation for the property damage. Exercising this right begins with one concrete practical step — preparing an application and filing it with the Commission for Restitution and Compensation. This page explains in detail who is entitled to file, within which time limit the application must be submitted, what the application must contain, and how to prepare your evidence so that the case starts correctly from the outset and no time is lost to formal defects.
Who is entitled to file an application
The law defines the right of access broadly: forcibly displaced persons and other persons who suffered property damage as a result of the conflict may apply to the Commission by application, regardless of their citizenship or place of residence. The scope of the law identifies the circle of concerned persons specifically:
- the original resident who, as a result of the conflict, could not or cannot return to his or her original dwelling because of security or the absence of adequate, substitute housing;
- the subsequent resident who, in good faith or in bad faith, possesses the dwelling or other immovable property belonging to the original dwelling;
- the original resident who has already received substitute housing or monetary compensation through state bodies or international or local organisations, where the value of the original dwelling exceeds the substitute housing or monetary compensation received.
Separately recognised is the right of a forcibly displaced person to submit for consideration by the Commission every decision adopted as long ago as 1983 under the Housing Code which caused the loss of that person's right of residence in the dwelling during and after the conflict. The law also recognises the right of the subsequent good-faith resident — to possess adequate, safe and accessible housing and other immovable property. In practical terms this means the mechanism is designed to sort out the competing positions of all concerned parties, and your application is the entry point into that process.
The filing window: 7 years
In the cases determined by the law, a forcibly displaced or other person may apply to the Commission within 7 years of the commencement of the exercise of its powers. This window is generous, but letting it slip means the application can be refused precisely on the ground of expiry of the time limit — so the decision to apply should not be postponed indefinitely. The calendar matters as well: the Commission is created within 5 months of the entry into force of the law, adopts its statute no later than 2 months after its creation, and starts receiving applications after 9 months from the entry into force of the law. It is from that moment that the practical countdown of the filing window runs — 7 years from the commencement of the exercise of the Commission's powers. Knowing these reference points lets you plan the preparation of documents without rush and without missing the deadline.
What the application must contain
The substantive requirements for the application are fixed precisely by the law, and observing them matters so that the case moves into proceedings without delay. The application must contain:
- the applicant's first name and surname;
- information about the circumstances as a result of which the person suffered property damage;
- the request — for the return of the original dwelling or other owned immovable property, or for the receipt of substitute compensation.
The application may be accompanied by the evidence in the applicant's possession — documents confirming ownership or possession, technical documentation, photographs, correspondence from that period and anything else that is available. Completeness of the evidence does not rest on you alone: the law obliges the Commission's committee, for the complete, comprehensive and objective study of the case, to seek the full information connected with the case and, on the basis of the application or on its own initiative, to seek evidence confirming the property damage inflicted on the applicant. Nevertheless, a well-documented application shortens the path: the more precise the circumstances described, the easier it is for the committee to reconstruct the factual picture.
What the applicant may request
When formulating your request, it helps to know how the law structures the return of property and the alternative forms of redress:
- the original dwelling and other immovable property connected with it must be returned immediately to the lawful owner where the property is owned by the state or a municipality or is in the hands of a bad-faith possessor;
- where the property is possessed by a good-faith possessor, it may be returned only after the good-faith possessor is transferred adequate, substitute immovable property or, at his or her wish, monetary compensation;
- in case of destruction, demolition or reconstruction of the property, the original resident must be transferred other adequate, substitute immovable property of corresponding value;
- the substitute property must be immovable property of the same market value as of the moment of transfer, in the same place where the seized or appropriated immovable property was located; with the original resident's consent, property of another type may be transferred;
- where the property needs rehabilitation and reconstruction works, the estimated cost of such works must be reimbursed;
- monetary compensation is granted by decision of the Commission only where the return of the original dwelling and connected property or the transfer of substitute property is impossible;
- where the property is located in a territory where the transfer of property is prohibited by law, the lawful owner must be transferred substitute immovable property or, if that is impossible, granted material compensation.
How the Commission works on your case
After the application is filed, the case does not remain confined to the boundaries of your own evidence. The Commission is authorised, on its own initiative or at the request of a party, to request and receive information connected with the application it has accepted for consideration from any natural or legal person or state body. Any body, official or private person is obliged, at the Commission's request, to provide the necessary information or documents in its possession, and to issue the requested information immediately, but no later than 10 days. Where necessary, the Commission mediates between the disputing parties and promotes their reconciliation, and, at a party's initiative, without a separate claim, joins a third person to the case — taking into account the opinions of the parties. Decisions of the Commission and its committee are binding for execution throughout the whole territory of Georgia. In practical terms this means the mechanism has real leverage to establish the facts even where the applicant's own archive is incomplete.
A practical checklist for preparing the application
At the preparation stage, focus on the following steps:
- collect and organise every accessible document connected with the property — ownership, possession, technical and historical documentation;
- if you lost your right of residence because of a decision conditioned by the 1983 Housing Code, retrieve those decisions — the right to submit them to the Commission is expressly recognised by the law;
- write down the circumstances of the damage in chronological order — this information is a mandatory part of the application;
- formulate the request clearly: do you seek the return of the property or substitute compensation;
- keep the time limits in mind — the application is possible within 7 years of the commencement of the exercise of the Commission's powers;
- before filing, verify that the application contains your name and surname, the circumstances of the damage and the request — this is its mandatory content.