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

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.

Common Situations and Practical Examples

The constatation service is most commonly used when leasing commercial spaces. For example, a large company rented an office space that was in a "black frame" (unfinished) condition. Before starting renovations, the company calls an execution officer to document the property's initial state. After the lease expires, if the landlord demands compensation for damages, the company uses the constatation protocol to prove that the space was received in that condition from the start and that they did not damage it, but rather improved it.

A second example relates to construction. A developer begins building a multi-story residential block next to an old settlement. To prevent neighbors from baselessly suing them in the future—claiming the construction cracked their houses—the developer constatives the condition of the neighboring houses before construction begins. If any house already had a crack, it is reflected in the protocol, insuring the developer against blackmail. Leasing companies also frequently use constatation when equipment is returned to document the condition in which the debtor returned the item.

The Georgian Legal Framework

In Georgia, the constatation of property condition is regulated by the Law of Georgia on Enforcement Proceedings and the order of the Minister of Justice of Georgia "On Approval of the Rule for Constatation of Facts by the National Bureau of Enforcement." The legislation unequivocally indicates that constatation is a public service aimed at securing evidence, and it is performed based on the voluntary application of an interested person, even without the existence of any dispute.

According to the law, the constatation protocol is a written act that must contain the described facts and the technical materials attached to it. Based on the Civil Procedure Code, this document is treated as irrefutable written evidence. Ignoring the constatation protocol in court is practically impossible unless it is proven that the execution officer themselves committed forgery. The legislation also prohibits the execution officer from entering property in the possession of a third party without their permission, thereby protecting the inviolability of private property and personal life.

Step-by-Step Process

The constatation procedure is quite fast and flexible. The first stage is the interested person (or their lawyer) filing an application with the National Bureau of Enforcement or a private execution officer. The application must specify the exact address of the object, what type of property it is, and the purpose of the description. In the second stage, the bureau's service fee is paid, determined according to tariffs set by legislation.

In the third stage, the execution officer agrees on a time with the applicant and visits the location of the property. The fourth stage involves a physical inspection of the property and its documentation using technical means (photo/video). In the fifth stage, right on-site, the property condition constatation protocol is drafted and signed by the execution officer and all attending persons. In the sixth and final stage, the processed and certified protocol, along with photo-video attachments, is officially handed over to the client, who keeps it for future needs.

Why legal.ge and the Need for a Lawyer

The constatation of property condition is a process of creating evidence. If a detail critical to your dispute is not included in the protocol (e.g., traces of mold on a wall or the condition of a car engine were not documented), this document will prove useless in court. The execution officer does not know your business interests; they only follow your instructions.

This is exactly why you need a lawyer's support, and the legal.ge platform is the best place to find such professionals in Georgia. The lawyers gathered in our directory will help you precisely formulate the application, personally attend the property inspection, and point out every minor detail to the execution officer that will guarantee your future victory. legal.ge is not a law firm; it is a trusted directory where clients meet the best experts. Find a lawyer on our platform and protect your property with irrefutable legal evidence.