LegalGELegalGE
...

Certificate of Occupancy

Is it illegal to live in a house without a Certificate of Occupancy?

Technically, occupying a building before official acceptance is an administrative violation subject to fines. Furthermore, utility companies may refuse to provide permanent connections.

Can I sell a property that is not commissioned?

Yes, you can sell it, but it will be registered as "under construction" in the Public Registry. This significantly lowers the property value and may deter buyers due to potential legal risks.

What if the construction permit has expired?

You must apply for an extension of the permit or a new permit for the completion of works. Commissioning is not possible with an expired permit without procedural renewal.

Who issues the Certificate of Occupancy?

For most buildings, it is the municipal Architecture Service or Supervision Inspection. For special importance objects (Class V), it is the central Agency for Technical and Construction Supervision.

Reading Time

4 min

Published

...

Certificate of Occupancy: Legal Finalization of Construction

Obtaining a Certificate of Occupancy (often referred to as "Acceptance into Exploitation") is the final and most critical legal stage of the construction process in Georgia. This process confirms that the completed building is fully compliant with the issued construction permit, the approved architectural design, and construction regulations. Without being accepted into exploitation, a building is legally considered "unfinished construction," which restricts the owner from fully disposing of the property, registering as a subscriber for utilities (gas, electricity, water), and using it for commercial purposes. Often, even minor deviations during construction can cause the supervisory body to refuse issuing the act. Therefore, the involvement of a qualified lawyer and architect at this stage is essential to prepare complete documentation and resolve any legal deficiencies.

What Does This Service Cover?

Specialists registered on Legal.ge offer full legal support during the building commissioning process. The service includes:

  • Documentation Audit: Comparative analysis of the construction permit, project design, and actual status (As-built drawings) to identify discrepancies.
  • Preparation of Executive Documentation: Compiling acts required for commissioning, acts of hidden works, laboratory conclusions, and cadastral measurement drawings.
  • Liaison with Supervisory Bodies: Communicating with the Municipal Inspection or the Agency for Technical and Construction Supervision, scheduling and attending inspections.
  • Defect Remediation Strategy: Managing the process of correcting project deviations (e.g., changes in area, facade details) by agreeing on a corrected project or legalization.
  • Safety Standards Verification: Obtaining documents confirming compliance with fire safety, structural stability, and other technical regulations.
  • Public Registry Registration: Changing the building status from "under construction" to a completed object based on the Certificate of Occupancy.

Common Situations When You Need a Lawyer

The commissioning process is often complicated by unforeseen circumstances:

  • Deviation from Project: Changes occurred during construction (e.g., window sizes, partitions, floor height) that were not pre-agreed with the City Hall.
  • Expired Permit: The term of the construction permit has expired, but the object has not yet been handed over, leading to potential fines.
  • Developer Disappearance: Apartment owners cannot finalize the building because the developer company has abandoned its obligations.
  • Utility Issues: Utility companies refuse to register subscribers (electricity, gas) until the Certificate of Occupancy is presented.
  • Safety Norms: Fire safety systems required by new regulations (e.g., Resolution No. 41) are not installed in a building built under an old permit.

Georgian Legal Framework

The process is regulated by the Code of Spatial Planning, Architectural and Construction Activity of Georgia, which details the rules for completing construction. Also applicable is Government Resolution No. 255 "On the Rule for Issuing Construction Permits and Permit Conditions." Critically important is the Technical Regulation "Safety Rules for Buildings and Structures" (Resolution No. 41), which defines safety criteria necessary for acceptance. The Code of Administrative Offences imposes fines for unauthorized exploitation. A lawyer ensures full compliance with these normative acts.

Process: How Collaboration with a Specialist Works

Working with a specialist on Legal.ge typically consists of the following stages:

  1. Initial Assessment: Visual inspection of the object and review of existing documentation to identify problems.
  2. Defect Elimination: Correcting the architectural project and agreeing it with the municipality if necessary.
  3. Application Preparation: Preparing a complete package (measurements, acts, conclusions) and uploading it to the municipal portal (e.g., tas.ge in Tbilisi).
  4. Inspection: Inspecting the object together with representatives of the supervisory service and answering questions.
  5. Receiving Act and Registration: Receiving the Certificate of Occupancy and reflecting it in the Public Registry.

Why Choose Legal.ge?

Accepting a building into exploitation is a bureaucratically complex process requiring both legal and technical knowledge. Legal.ge connects you with specialists who have successful experience dealing with municipal bodies. Lawyers selected through our platform will help you avoid protracted processes and fines, ensuring the full legalization of your real estate in the shortest possible time. Find your partner on Legal.ge.

Updated: ...

Specialists for this service

Loading...