Division and Merger of Land Plots under the Code
If you are looking into „subdivision approval“, it is important to start from the proper legal concept: the Spatial Planning, Architecture and Construction Code of Georgia regulates the division of construction land plots and the merger of construction plots through the norms of its development-regulation chapter — there is no separate „subdivision approval“ procedure in the Code. This page describes precisely those norms: under which conditions a plot may be divided or merged, which requirements must be satisfied, and which document creates the legal basis for it.
The anchor point is the Code's rule that the basic basis of the development regulation of a land plot is the detailed development plan. On a plot located within the area of effect of that plan, construction is allowed in accordance with the plan, and the detailed development plan is the basic basis for issuing a construction permit. Other cases not covered by this rule are regulated by the respective norms of the Code and by the Basic Provisions. Where the plan establishes a change of functional zone on the basis of which an agricultural plot may be converted into a non-agricultural one, an interested person may apply to the authorized organ for registration of the change of target designation — and that application is the basis for the National Agency of Public Registry to enter the change.
Conditions for Division and Merger
In the case of the division of a construction land plot, or the merger of construction plots, on which a building is placed, the Code requires that the requirements established by the other norms of development regulation be taken into account — specifically the norms regulating a plot located within a detailed-plan area, the determination of a plot's suitability for construction development, and the plot's infrastructure provision. Division or merger is therefore not merely a cadastral operation: the resulting plots must satisfy the planning requirements.
It also matters practically that the further development of an unsuitable plot or building — new construction, reconstruction changing parameters, adaptation, the division of a plot or the merger of plots — takes place on condition of reducing or eliminating the non-conformity. In other words, where the existing plot does not satisfy the planning requirements, the division or merger must move in exactly the direction of reducing that non-conformity.
Establishing Conformity: Deadlines and Procedure
A plot or building is unsuitable for construction-development purposes where it does not conform to the use type permitted by the development plan or the Basic Provisions, to the development parameters, to the rules for placing buildings on the plot, to the plot-area parameters, or where it is located on non-construction territory. Non-conformity is established in each concrete case with respect to the concrete purpose of construction development.
An interested person may apply to the authorized organ with a statement on determining the conformity or non-conformity of a plot or building for subsequent construction development, and the organ is obliged to provide the applicant with information within 5 working days. If that information has not been provided before an application concerning a construction notification is filed, conformity is established at the stage of considering the notification or at Stage I of issuing a construction permit — and, in the case provided for by the Code, at the stage of considering the detailed development plan. Special regimes must also be considered: if the plot falls within a cultural-heritage protection zone, protected areas, or forest, water or subsoil-fund lands, the conditions of its construction use must also reflect the requirements established for those zones.
Road Access and Servitude
At division, one question glitters most often: how will the new plot access the road. The Code regulates the establishment of a necessary road and servitude on a plot: on state- or municipal-owned land, a necessary road or servitude may be established by administrative-legal act of the authorized organ where dictated by state, public or private interests — and the National Agency of Public Registry registers the servitude on the basis of that act. On privately owned land, these relations are regulated by the Civil Code. Where the factual circumstances are eliminated, the administrative organ cancels the act.
Infrastructure Provision
In a city, apart from a cultural-heritage protection zone, new construction on a plot, or reconstruction increasing the existing parameters of a building, is allowed only if the plot is or will be duly provided with an access road — including through the use of a servitude. The provision of a building with electricity, natural gas, water supply, sewerage and drainage networks, communication lines and transport infrastructure is carried out in the manner established by Georgian legislation.
An interesting detail is the information-transfer obligation: when issuing a construction permit, the issuing organ sends the information defined by the Code within 10 working days to the owner companies of the electricity, natural-gas and water-distribution networks and to the owner of the drainage network — so that infrastructure development can be planned.
How Our Lawyers Can Help
Dividing or merging a plot requires prior verification: whether the plot lies within a detailed-plan area, whether it meets the conformity criteria, whether it is provided with road access, and how the existence of a building affects the procedure. Our team will help you prepare the conformity application and control the deadlines, assess the division plan legally, and resolve servitude questions.
Contact us through Legal.ge — we will assess your plot against the Code's requirements and plan a safe route to division or merger.