The Essence of the Occupancy Institution
The acceptance of a building into exploitation is the legal fact that completes the construction process: once the object is recognised as fit, its lawful use for its designated purpose becomes possible. Article 139 of the Code of Georgia on Spatial Planning, Architectural and Construction Activity regulates this process according to the classes of buildings: a class I building is not subject to recognition as fit for acceptance into exploitation, while the rules for the acceptance into exploitation of buildings of classes II, III and IV are determined by a legal act of the Government of Georgia. This means that the concrete administrative procedure — which organ issues the act, which documentation it requires and in what format the inspection takes place — is established by the government's act, and its precise knowledge is needed both by the developer and by the future purchaser of the building.
The Prohibition on Operating a Non-Accepted Building
Article 139-1 of the Code gives this institution real force. First: the functioning of a building before the issuance, in the manner established by the legislation of Georgia, of the relevant act on its acceptance into exploitation is inadmissible. Second: the supply of electricity and natural gas to a building not accepted into exploitation is inadmissible — the law thus employs a utility blockade as well as administrative liability. This restriction has an exception: it does not extend to the supply of electricity and natural gas to a non-accepted building for construction activity, which must not exceed the validity period of the relevant construction permit. Questions connected with supply for construction activity are regulated by a normative act of the Georgian National Energy and Water Supply Regulatory Commission. This construction speaks clearly: the law treats acceptance into exploitation not as a formality but as a guarantee of public safety, since a building whose fitness has not been confirmed is risky for its users.
Transitional Rules for Old Permits
The transitional provisions of article 141 of the Code apply to projects of the older generation. A construction permit issued before 3 June 2019 retains its legal force, and the acceptance into exploitation of a building constructed on its basis is governed by the requirements and rules established by the legal acts in force at the time of the permit's issuance. Likewise, buildings under construction and constructed as of 3 June 2019 that were not subject before that date to the obligation to obtain a construction permit or to give a construction notice do not require such a permit or notice afterwards either. These rules matter for buildings that found themselves at the boundary of a change of regulation: the correct legal qualification determines by which rules their acceptance into exploitation must proceed.
Practical Significance for Developers and Consumers
Operating a building without an occupancy act is not merely a breach of an administrative rule — it blocks the actual use of the building: the supply of electricity and natural gas to a non-accepted object is inadmissible, except for construction activity that must remain within the permit's validity period. When purchasing a residential unit, the act is for the purchaser evidence that the building is completed and its exploitation is legally permitted; in commercial leasing, operations without it are risky. The acceptance process should therefore be embedded in the planning of a construction project from the outset — both in terms of documentation and of the timetable. A delayed act postpones sales and handovers and forces a re-evaluation of the whole project, while timely preparation removes that risk in advance.
Frequently Asked Questions
Are all buildings subject to acceptance into exploitation?
No. A class I building is not subject to recognition as fit for acceptance; the rules for the acceptance of buildings of classes II, III and IV are determined by a legal act of the Government of Georgia.
May a building be used without the act?
No. The functioning of a building before the issuance of the relevant act on acceptance into exploitation is inadmissible, and the supply of such a building with electricity and natural gas is likewise inadmissible.
Is there an exception to the supply prohibition?
Yes — supply for construction activity is admissible where it does not exceed the validity period of the relevant construction permit; these questions are regulated by a normative act of the regulatory commission.
Which rules apply to buildings constructed under old permits?
A permit issued before 3 June 2019 retains its force, and the acceptance into exploitation of the building constructed on its basis is governed by the rules in force at the time the permit was issued.
How We Help on Legal.ge
The team of Legal.ge assists developers and investors at the acceptance stage: we determine the class of your object and whether the transitional rules apply to it, explain the procedure established by the government's act, and help with the preparation of documentation and the resolution of disputes. Contact us — an accurate assessment of the legal status of the object saves time and resources.