Reconstruction within the construction permit regime
In the Georgian permit system there is no separate "reconstruction permit": in the list of permits of the Georgian Law on Licences and Permits, construction is regulated by three types of permits, and the reconstruction of a building falls precisely within this construction permit regime. Under the list, a construction permit is issued for construction other than that of facilities of special significance, radiological or nuclear facilities; for facilities of special significance — other than radiological or nuclear facilities — a permit for the construction of facilities of special significance is issued; and for radiological or nuclear facilities a separate, special type is provided.
The practical meaning of this triple division also operates for reconstruction: when qualifying a reconstruction project, it is decisive whether one is dealing with an ordinary object, a facility of special significance, or a radiological/nuclear facility — in each case a different permit type applies and different requirements are to be expected. These categories embody a risk-oriented logic: the higher the object's potential impact, the more specialized its permit route. The reconstruction of an ordinary building remains within the general construction permit, and only in the case of a facility of special significance or a radiological/nuclear facility does the applicable permit type change. For the applicant this means that before drafting the reconstruction plan the object's final status must be determined — it is precisely this that determines into which procedure the application will enter and which documents will be needed.
Issuance procedure and electronic form
The authority issuing construction permits is authorized to conduct the issuance proceedings in electronic form. The procedure and conditions for electronic issuance and for the communication of the individual administrative-legal act are determined by a normative act of the Government of Georgia, while in the Tbilisi municipality or another self-governing city — by a normative act of the respective representative body, the sakrebulo. Official communication of an electronically issued act to the interested party means its communication to that party by e-mail or by another technical means. This means that an applicant for reconstruction may pass through the process entirely digitally — and must therefore take care over the accuracy of its contact details, since a delay caused by an act sent to a wrong address remains its risk.
The fire safety conclusion
In the process of issuing a construction permit for an object of state fire supervision, a conclusion on the fulfilment of fire safety requirements is mandatory. This conclusion is issued, on the basis of the request of the permitting authority, by the Emergency Management Service — a state sub-agency within the purview of the Ministry of Internal Affairs of Georgia. In reconstruction this stage is particularly significant: a change in the function or layout of an existing building may substantially alter its fire risk profile. Since the conclusion is issued upon the authority's request, it must be clear in advance when preparing the application whether the authority will approach the Emergency Management Service — this stage, too, must be planned in time.
Special criteria for energy facilities
If the reconstruction provides for an increase in the existing capacity of a power plant or the construction of a new one, the decision on issuing the permit must be based on objective, transparent, legally substantiated and non-discriminatory criteria. The law names these criteria directly: the safety and security of the power plant, including its impact on the general safety and security of the power system; the protection of public health and safety; the protection of the environment; land use and layout; the use of land of the state, an autonomous republic or a municipality; energy efficiency; the nature of the primary energy source; the technical, economic and financial capabilities of the existing or potential producer; compliance with measures related to public service obligations in the electricity sector; the plant's contribution to achieving the general target indicators for increasing the share of energy obtained from renewable sources; and its contribution to the reduction of emissions.
What the applicant should pay attention to
In preparing a reconstruction application the first step is the qualification of the object: an ordinary building or a facility of special significance. The second is the identification of the permitting authority and the consideration of its electronic procedures. The third is the advance assessment of additional conclusions: whether the building is an object of fire supervision and requires a conclusion of the Emergency Management Service. And the fourth — if the project concerns the energy sector, the preparation of justification according to the criteria named in the law. Calculating these stages in advance makes the reconstruction process predictable. Ultimately, the legal nature of reconstruction is defined by the categories of the construction permit: the same instrument, the same issuing authority and the same procedural guarantees — with the possibility of electronic proceedings, the fire safety conclusion and, where necessary, the criteria established for energy facilities. The difference lies only in the object's category, and it is precisely for this reason that qualification is the applicant's first and most important legal decision.
Frequently Asked Questions
Does a separate reconstruction permit exist?
No — the list contains three types of construction permit: ordinary construction, facilities of special significance, and radiological or nuclear facilities; reconstruction falls within this regime.
Can the permit be issued electronically?
Yes — the authority may conduct the proceedings in electronic form; the procedure is set by the Government's, and in Tbilisi and other self-governing cities by the sakrebulo's, normative act.
When is a fire safety conclusion required?
For an object of state fire supervision — the conclusion is issued by the Emergency Management Service upon the request of the permitting authority.
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