Constructing a commercial facility in Georgia is governed by the Spatial Planning, Urban Development and Construction Code: under this Code, the legal basis for carrying out the construction of a building is a construction notification or a construction permit, and which of the two your project needs is decided by the class of the building. If a commercial building is assigned to class I, its construction is in principle covered by a simple notification; where it belongs to class II, III or IV, obtaining a construction permit is mandatory. This page explains how a building is assigned to a class, which documents accompany the permit application, who issues the permit, and within which timeframes the issuing authority must decide.
The legal basis and the permit-issuing authority
Under the Code, the legal basis for carrying out the construction of a building is a construction notification or a construction permit, with the exceptions the Code itself provides: making an insignificant change to a building or to the construction documentation determined by Georgian legislation requires neither a notification nor a permit, while a change exceeding the threshold of insignificance demands obtaining the legal basis anew. Which changes count as insignificant is determined by a decree of the Government of Georgia. In a situation of extreme necessity — a natural, technogenic or other force-majeure event — a competent state or municipal organ may carry out construction activity before obtaining the permit and then approach the issuing authority with a substantiated motion. The administrative authority competent to agree a construction notification or issue a construction permit is the executive organ of the respective municipality, or a public-law legal entity founded by the municipality — for a commercial project this means that the application is addressed to the local self-government.
Building classes: when a notification suffices
The Code divides buildings, for the purposes of protecting human health and the environment, and of permit issuance and acceptance for operation, into five classes: a class I building is characterized by insignificant risk, class II by low risk, class III by medium risk, class IV by high risk, and class V by excessive technical danger. A building is assigned to a class according to its functional purpose and parameters, and where a building or a combination of buildings has characteristics determining different classes, the highest characteristics and parameters apply. The class-defining characteristics and the types of construction are established by a government decree.
The class decides the legal basis: under the Code, the construction of a class I building is, apart from cases provided by the Code, subject to a simple construction notification, while the construction of class II–IV buildings is subject to the obligation to obtain a construction permit. Municipal variations are possible: a municipal assembly may, within its administrative boundaries or a part of them, prescribe for a class II building a detailed construction notification instead of the permit obligation, and for a class I building a detailed notification or a permit instead of the simple notification. Note the sanction boundary as well: construction subject to notification but begun without it constitutes unauthorized construction, and so does construction carried out in breach of the notification which exceeds the characteristics of the class of building for which the notification obligation was determined.
The permit application and accompanying documents
An application for a permit is submitted together with the extensive document set established by the Code: information on the ownership of the land plot and of the building, where one exists; the administrative-legal act approving the conditions of the plot's use for construction, or information on the detailed development plan; the results of the pre-project study; the architectural project; the construction organization project; a preliminary decision, where one exists; the engineering-geological study and the structural scheme or project — and, where necessary, the technological scheme or project as well; in cases provided by Georgian legislation, the conclusion of an accredited inspection body or a certified expert on these documents; a document confirming payment of the permit fee; photographs of the information board; the greening project together with photographs of the additional information board.
Detailed requirements for these documents are defined by a legal act of the government. Where the planned construction does not change the main development parameters and the type of use of the existing building, the act on the conditions of the plot's use is not required. In a three-stage proceeding, an individual administrative-legal act agreeing the architectural project is submitted in addition, and several documents are then no longer required. Where the activity provided for by the construction is subject to the procedures of the Environmental Assessment Code, the decision taken in that respect is attached to the application as well. The application must also indicate which technical regulation or standard was used in preparing the permit documentation, while the detailed list and content of the documentation for class II–IV buildings are defined by a legal act of the government. By decision of the municipal assembly, the permit documentation or part of it may be submitted in electronic form.
The administrative proceeding and decision timeframes
A construction permit is issued in a simplified administrative proceeding: the conformity of the submitted application and accompanying documentation with the list determined by legislation is checked under the rules of the General Administrative Code. The issuing administrative authority is obliged to decide on issuance or refusal within 20 working days; in a three-stage proceeding the decision must be taken within 5 working days. Where more time is needed to establish circumstances of material significance for the case, the authority may, before the expiry of the term, adopt a substantiated decision extending the proceeding by not more than 20 further working days, and in a cultural heritage protection zone by not more than 30 working days. An important guarantee is the presumption of constructive silence: if, within the period established by legislation, neither a positive nor a negative decision is taken, the permit is deemed issued. Where an expert conclusion is negative, the authority is obliged to decide on refusal. The municipal assembly is also competent to establish the rules of an expedited permit issuance service and the amount of its fee.
Entry into force and validity of the permit
A construction permit is issued for a reasonable period determined by the construction organization project and enters into force from the moment the notification of issuance is delivered or made known to the applicant. The notification is sent by insured letter, through the official website, or by technical means — telephone or e-mail — and the choice of the means is itself a decision of the issuing administrative authority. For planning a commercial project this means that the decisive point for starting construction is not the filing of the application but the delivery of the issuance notification, so the accuracy of the contact details stated in the application has practical significance.
Frequently Asked Questions
When does the construction of a commercial facility require a permit?
When the building is assigned to class II, III or IV. The construction of a class I building is subject to a simple notification, although a municipal assembly is entitled to tighten this rule by prescribing a detailed notification or a permit.
Who is the construction permit issuing authority?
The executive organ of the respective municipality, or a public-law legal entity founded by the municipality.
Within what timeframe is the permit application decided?
The issuing authority decides within 20 working days, or within 5 working days in a three-stage proceeding. Extension by a substantiated decision — up to 20 further working days, and in a cultural heritage protection zone up to 30. If no decision is taken within the term, the permit is deemed issued.
Which documents accompany the permit application?
Ownership information, the land-use conditions act or detailed plan information, the pre-project study, the architectural project, the construction organization project, the engineering-geological study, where required an inspection body's or expert's conclusion, proof of payment of the fee, photographs of the information boards and the greening project.
For how long does an issued permit operate?
For the reasonable period determined by the construction organization project; it enters into force upon delivery of the issuance notification to the applicant.
How We Help on Legal.ge
The specialists of Legal.ge help you determine the class of your commercial facility, choose the correct legal basis, prepare the permit documentation and keep the proceeding within its timeframes. Contact us — a misjudged class can delay the schedule of the entire project.