Does the constatation protocol determine the property's value?

No, the protocol only describes the physical and visual condition of the property. To determine the financial value or the cost of damages, you need to hire a certified appraiser or auditor.

Can a tenant request property constatation without the landlord?

Yes. If you legally possess the property under a lease agreement, you have the right to invite an execution officer to document its condition without the landlord's presence.

How is the fee for this service calculated?

The official state fee for constatation depends on the scope of work, such as the size of the property, the time spent by the execution officer, and the technical equipment used (e.g., drone recording).

Constatation of Property Condition in Tbilisi, Georgia

Introduction and Service Overview

Possessing, renting, or buying/selling any real estate or movable property involves risks related to its physical condition. Disputes frequently arise over the condition in which a tenant received an apartment, whether equipment was damaged before being placed in a warehouse, or what damage a car sustained in a traffic accident. The best way to prevent such conflicts and ensure a fair resolution is the constatation of the property's condition. This is a special enforcement service carried out by the National Bureau of Enforcement or a private execution officer. The purpose of constatation is the official documentation of the factual, physical condition of an object (property) at a specific moment in time, creating a legally binding document (protocol) that serves as irrefutable evidence in the future.

The constatation of property condition is akin to a "legal photograph." Unlike pictures taken or acts drawn up by private individuals, whose authenticity can easily be disputed in court, a protocol drafted by an execution officer has the status of a public act. This means that the data reflected in it is considered objective truth, protecting parties from baseless accusations and unforeseen financial losses.

What the Constatation of Property Condition Service Covers

This service encompasses both preparatory legal work and actual field-operational activities. The process begins when an interested person (owner, tenant, or investor) files an application with the enforcement bureau. A lawyer helps the client articulate exactly which aspects of the property require detailed description. Following this, the execution officer goes to the location of the property and begins the inspection. In the case of real estate, the service covers a visual inspection of walls, floors, and utilities (water, electricity); in the case of movable property, it documents the item's integrity, defects, and completeness.

The execution officer uses technical equipment (camera, video camera) to documentally reinforce their observations. The service concludes with the drafting of the constatation protocol, which verbally describes the object's condition and is accompanied by electronic media (CD/DVDs with photo-video materials). It is important to note that the execution officer does not appraise the property's value or determine the cause of damage (which is a job for an expert); they merely record the fact (for example: "a 5 cm crack is observed on the wall" or "there are no windows in the building"). This objective description is the primary value of the service.