Building a residential house in Georgia is governed by the Spatial Planning, Urban Development and Construction Code: the legal basis for carrying out the construction of a building is a construction notification or a construction permit. The construction of a class I building is subject to a simple notification, while class II–IV buildings require a permit — which is why, before designing your house, it is decisive to establish the class your building is assigned to under the Code's classification rules. This page explains how the construction notification proceeding runs, what happens if no answer comes, when a permit is needed, and within which timeframes matters are decided.
The legal basis: simple notification or permit
Under the Code, the legal basis for carrying out the construction of a building is a construction notification or a construction permit, with defined exceptions: making an insignificant change to a building or to the construction documentation determined by Georgian legislation requires neither. The Code anchors the choice to classes: 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. A municipal exception exists as well: a municipal assembly may, within its administrative boundaries or a part of them, prescribe for a class I building a detailed notification or a permit obligation instead of the simple notification. Note also: construction subject to notification but begun without it constitutes unauthorized construction.
The construction notification proceeding
The list and content of the documentation accompanying the simple and detailed construction notifications, and the procedure for agreeing the construction, are determined by a decree of the Government of Georgia. Where the construction provided for in the notification does not conform to the requirements established by legislation, the respective administrative organ is obliged to adopt a negative decision. An important guarantee concerns time: if no answer to the notification is given within the set period, the applicant is entitled to begin the construction provided for in the notification; after the expiry of the set period, where the permit seeker so requests, the administrative organ is obliged to issue a written consent within 3 working days of the request. In that case the construction must be carried out in conformity with the submitted documentation and the technical regulations in force.
An opt-out exists as well: a permit seeker is entitled, instead of the simple or detailed notification, to request the issuance of a construction permit — in which case the documentation defined by the Code for the permit application must be submitted to the respective administrative organ. The period of validity of a construction notification is 1 year from its submission — meaning that construction on the basis of the notification must begin within that period.
The permit proceeding and timeframes
A construction permit is issued in a simplified administrative proceeding, and the issuing administrative organ is obliged to decide on issuance or refusal within 20 working days; in a three-stage proceeding that term is 5 working days. Where more time is needed to establish circumstances of material significance, the organ 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 working days. 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 organ to refuse. The municipal assembly is also competent to establish an expedited permit issuance service and 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. In planning the construction of a house this means in practice that the moment construction may begin is tied to the delivery of the issuance notification, not to the filing of the application.
Frequently Asked Questions
Which legal basis does a residential house need?
It depends on the class of the building: a class I building is subject to a simple construction notification, class II–IV buildings to a permit. An assembly may also prescribe a detailed notification or a permit obligation for class I locally.
What happens if no answer comes to the notification?
Where no answer is given within the set period, the applicant may begin the construction; after the expiry of the period, on request, the organ must issue a written consent within 3 working days of the request.
For how long is the construction notification valid?
For 1 year from its submission — the construction must be started within that term.
Can a permit be requested instead of a notification?
Yes — a permit seeker is entitled to request a permit instead of the simple or detailed notification and to submit the documentation defined by the Code for the permit application.
Within what term is the permit application decided?
Within 20 working days, and in a three-stage proceeding within 5 working days. If no decision is taken within the term, the permit is deemed issued.
How We Help on Legal.ge
The specialists of Legal.ge help you choose the correct legal basis for your house, prepare the notification or permit application, and keep control of the timeframes. Contact us — a correctly chosen basis saves your home construction both time and cost.