The reconstruction of a building in Georgia is not governed by a separate "reconstruction permit" regime: it falls under the general rules of the Spatial Planning, Urban Development and Construction Code, under which the legal basis for carrying out construction is a construction notification or a construction permit — and which of the two your project needs is determined by the class of the building. In reconstruction the class often changes, and precisely for this case the Code lays down a special rule: where the class increases or decreases, the assignment is made according to the final characteristics and parameters. This page explains how a reconstruction project is assessed, when it is covered by a notification, when it requires a permit, and within which timeframes the proceeding runs.
The legal basis for reconstruction and the issuing authority
Under the Code, the legal basis for carrying out the construction of a building is a construction notification or a construction permit. For reconstruction the rule on insignificant changes is of particular importance: making an insignificant change to a building or to the construction documentation determined by Georgian legislation requires neither a notification nor a permit, whereas a change exceeding the threshold of insignificant changes requires obtaining the legal basis anew. The characteristics and parameters of insignificant changes are determined by a government decree — which means that at the very first stage of reconstruction it must be established whether your plans fit within the bounds of an insignificant change. 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.
Building classes and reconstruction
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: class I 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. Where, in reconstruction, the class of the building increases or decreases, the assignment to a class is made according to the final characteristics — what matters is not the existing building but the one resulting from the reconstruction. Where a building or a combination of buildings has characteristics determining different classes, the highest apply.
The class decides the legal basis: the construction of a class I building is, apart from cases provided by the Code, subject to a simple notification, while class II–IV buildings require a permit. A municipal assembly may, within its boundaries or a part of them, prescribe a detailed notification for class II instead of the permit, and for class I a detailed notification or a permit instead of the simple notification. For this reason the local rules must be checked before drafting a reconstruction plan: the same object may fall under different legal regimes in different municipalities. Remember the sanction boundary too: construction subject to notification but begun without it is unauthorized construction, and so is construction which, in breach of the notification, exceeds the characteristics of the class for which the notification obligation was determined.
When reconstruction requires neither a notification nor a permit
Beyond insignificant changes, the Code provides further exceptions. Where construction works are carried out that are not subject to the notification or permit obligation, the requirements established by the relevant legislation must still be observed — exemption from administrative formality does not mean exemption from requirements. Works performed for the purpose of remedying a construction law violation, on the basis of an instruction of the public construction supervision authority or of a court decision, likewise require neither a notification nor a permit; in that case the requirements established by technical regulations must be observed. 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 proceeding, timeframes and expedited issuance
A construction permit is issued in a simplified administrative proceeding: the conformity of the application and documentation with the list determined by legislation is checked under the rules of the General Administrative Code. The issuing authority must decide on issuance or refusal within 20 working days, and in a three-stage proceeding within 5 working days. Where additional time is needed to establish material circumstances, the authority may extend the proceeding by a substantiated decision — by not more than 20 further working days, and in a cultural heritage protection zone by not more than 30. If neither a positive nor a negative decision is taken within the statutory period, the permit is deemed issued; a negative expert conclusion obliges the authority to refuse. The municipal assembly is also competent to establish an expedited permit issuance service and its fee. As for the detailed content of the documentation to be submitted in reconstruction, it is determined by other norms of the Code and by legal acts of the government — so the preparation of the application must be planned around the class of your particular object and the content of the works.
Frequently Asked Questions
Does a separate reconstruction permit exist?
No — the legal basis for carrying out reconstruction is a construction notification or a construction permit, and the choice depends on the class of the building: class I is subject to a simple notification, classes II–IV to a permit.
When does a change require neither a notification nor a permit?
When the change made to the building or to the construction documentation is insignificant. A change exceeding that threshold requires obtaining the legal basis anew; the criteria of insignificance are determined by a government decree.
Does the class of a building change in reconstruction?
It may. Where the class increases or decreases in reconstruction, the assignment is made according to the final characteristics and parameters provided for in the permit documentation.
Who issues the permit and within what term?
The issuing authority is the municipal executive organ or a public-law legal entity founded by the municipality. The decision must be taken within 20 working days — in a three-stage proceeding within 5 working days; if no decision is taken in time, the permit is deemed issued.
Can the application be expedited?
Yes — the municipal assembly is competent to establish the rules of an expedited permit issuance service and the amount of its fee.
How We Help on Legal.ge
The specialists of Legal.ge will assess whether your reconstruction plan fits within the bounds of an insignificant change, help determine the class and choose the correct legal basis, prepare the application and safeguard the timeframes. Contact us — a reconstruction built on the wrong basis may be treated as unauthorized construction.