The placement of signage and outdoor advertising in Georgia is an action regulated by permit: the permit catalogue names the outdoor advertising placement permit as a separate type, its issuance rests on an auction, and transitional provisions connected with it also exist. On this page you will see what this permit type establishes, who issues it and how, and to which property it extends.
The Permit Type in the Catalogue
The permit catalogue contains the outdoor advertising placement permit as a separate type. This means that the placement of an outdoor advertising medium — a sign, banner, or other form — takes place through an administrative proceeding defined in advance by the state: the applicant addresses the issuing authority and receives an individual act. The catalogue formulation governs the action itself — placement — and not the content of the advertising.
Who Issues the Permit and How
The decision to introduce permit regulation of outdoor advertising placement belongs to the discretionary competence of the representative body of the corresponding municipality — the sakrebulo. Where permit regulation has been introduced, the permit is issued by the executive body of the municipality, and in a self-governing city — by the executive body of that self-governing city or by a legal entity of public law founded by the self-governing city.
The permit is issued through an auction — on the basis of the assumption of the obligation to satisfy the established norms and rules and the submission of the highest price. The seeker of the permit who wins the auction pays, to obtain the permit, only the price of its issuance according to the auction results; no fee is charged upon the issuance of the permit. The conditions and procedure of the auction, as well as the rules for determining the starting price and settlement, are established by the representative body of the corresponding municipality.
To Which Property the Permit Extends
The outdoor advertising placement permit established by the law is issued only for the placement of outdoor advertising on a plot of land or other property owned by the state or a municipality. The placement of outdoor advertising on a plot of land or other property owned by a natural person or legal entity of private law, or by another organized formation provided for by the legislation, does not require this permit. Thus the first practical question for the placer is the subject of ownership: public property — a permit proceeding; private property — no permit required.
The Transitional Regulation
The law also contains a temporary regulation norm in this sphere: according to it, before 1 January 2010 the introduction of permit regulation of outdoor advertising placement was admissible only on the territories of the capital of Georgia — Tbilisi — and self-governing cities. Under the same transitional norm, the validity of contracts concluded before 1 December 2008 could, by agreement of the parties, be extended without the outdoor advertising placement permit — for the term of the permit issued as a result of the first auction conducted by the local self-government body. This historical record shows the logic of the regime: permit control entered gradually and did not subject existing relations to an abrupt rupture.
Public Space and the Essence of the Permit
The essence of the outdoor advertising placement permit lies in the management of public space: a sign and an advertising construction shape the visual environment of the city, and precisely therefore the state regulates this process with prior control. The permit is an individual administrative-legal act — it regulates a concrete case and does not change the general rule. The application is submitted with respect to a concrete object — a sign, banner, or other construction — and must define the place and format of placement: the more exact the application, the lower the probability of return. From the auction mechanism it also follows that the right to use public space is distributed in a competitive environment — the permit is not only an instrument of control but also of fair distribution.
Frequently Asked Questions
Below we answer the questions most frequently asked in connection with the placement of signage.
Does a sign require a permit?
On land or property owned by the state or a municipality — yes; placement on private property does not require this permit.
Who issues the permit?
Where permit regulation has been introduced — the executive body of the municipality; in a self-governing city — the executive body or a legal entity of public law founded by the city. The decision on introduction is the sakrebulo's discretion.
How is the permit issued?
Through an auction — on the basis of the assumption of the obligation to satisfy the norms and the submission of the highest price; the winner pays only the issuance price, and no fee is charged.
Where did permit regulation in this sphere begin?
According to the transitional norm, before 1 January 2010 it could be introduced only in Tbilisi and self-governing cities.
What is the object of the permit?
The action — the placement of outdoor advertising; the catalogue formulation governs placement, not content.
How We Help on Legal.ge
The signage placement permit is a sphere where exact knowledge of the rules saves time and cost: determining the subject of ownership, reading the auction conditions and drafting the application correctly decide the outcome. On Legal.ge you can consult a lawyer who will assess your concrete case, help prepare the permit proceeding and protect your interests in relations with the local self-government. Submit a request on the site and get qualified assistance.