Placing Temporary Structures: Under Which Rules It Happens
The assembly or placement of temporary buildings and structures is not regulated by a separate statute in Georgia — it falls within the construction regulation of the Spatial Planning, Architecture and Construction Code. The Code's definitions article ties new construction directly to this situation: new construction is construction carried out on the part of a plot where no building stands, or the complete replacement of an existing one — and at the end of the definition it expressly mentions the assembly and placement of temporary buildings and structures. This means that your object — a kiosk, a temporary warehouse, a festival pavilion — is subject to the general rules of construction.
One more point is important: the detailed procedural rules for notification and permits — the list and content of attached documentation — are defined by a decree of the Government of Georgia, and that decree is not part of the legal basis of this page; what is described below is the Code framework on which those decrees are built.
Legal Bases for Construction
The Code establishes that the legal basis for carrying out the construction of a building is a construction notification or a construction permit. Two exceptions exist: insignificant changes, and works performed for the purpose of remedying a construction-law violation on the basis of an instruction of the supervision organ or a court decision, which need neither notification nor permit.
The category of insignificant change is defined precisely as well: a change to a building or to construction documentation that exceeds the limits allowed for insignificant changes requires obtaining the legal basis anew, while the characteristics and parameters of insignificant changes are determined by government decree. Note also the liability rule: construction subject to notification but started without it constitutes unauthorized construction — as does construction carried out in violation of the notification that exceeds the characteristics of the class for which the notification obligation was defined.
Classes Determine the Procedure: Notification or Permit
The Code divides buildings into classes, and the class determines which legal basis you need: the construction of a Class I building is subject to a simple construction notification, while the construction of Class II–IV buildings is subject to the obligation to obtain a construction permit.
Municipalities also have a measure of discretion: within a municipality's boundaries or a part thereof, the assembly may, for a Class II building, establish a detailed-notification obligation instead of a permit, and for a Class I building — a detailed notification or permit obligation instead of a simple notification. Checking the acts of the specific municipality is therefore essential: the same object may fall into a different procedure in a different municipality.
The General Rule of Notification and Deadlines
A dedicated article regulates the notification procedure. The list of documentation attached to simple and detailed notifications, its content, and the procedure for agreeing construction are determined by government decree. If the construction covered by the notification does not meet the requirements established by legislation, the administrative organ is obliged to adopt a negative decision.
The transparent deadlines matter for your planning: where no response to the notification is issued within the set deadline, the applicant is entitled to commence the construction covered by the notification; after the deadline expires, if the permit-seeker requests it, the organ is obliged to issue written consent within 3 working days of the request. The notification is valid for 1 year from its submission — construction must begin within that period, otherwise the procedure must be repeated. You may also request a construction permit instead of a notification, in which case you submit the full permit documentation.
Unusual Situations: Force Majeure and Free Zones
The Code also regulates special cases. In a situation of extreme necessity — a natural, technogenic or other force-majeure situation — an authorized state or municipal organ may carry out construction activity before obtaining a permit; in that case the organ applies to the permit-issuing organ with a substantiated motion for the issuance of a permit, and the question of a simplified proceeding is regulated by government decree.
The issuance of construction permits by a simplified procedure in free industrial, economic and tourist zones is likewise regulated by government decree — if your object is located in such a zone, the procedure may be considerably reduced.
Documents for the Permit Application
If your object requires a permit, the Code defines the content of the permit application. The application must include: information on the ownership of the land plot and of the building, if one exists; the administrative-legal act on the approval of construction land-use conditions, or information on the detailed development plan; the results of pre-project studies; the architectural project; the construction organization project; the engineering-geological study and the structural scheme or project.
Where necessary, a preliminary decision, a technological scheme or project, a conclusion of an accredited inspection body or a certified expert, photographs of the information board, confirmation of payment of the permit fee, and a greening project consistent with the detailed plan are attached. If the planned construction does not change the main development parameters and use type of an existing building, part of the land-condition and study documents is not required. In a three-stage proceeding, the individual act on the agreement of the architectural project must be submitted additionally, and at that point certain other documents are no longer required.
How Our Lawyers Can Help
Placing a temporary object is often a business's most time-sensitive need — and this is exactly where mistakes arise: incorrect classification of the class, overlooking municipal rules, or the risk of unauthorized construction. Our team will help you classify the object, prepare the notification or permit application, verify the documentation, and appeal a negative decision.
Contact us through Legal.ge — we will assess your object under the Code's classification and deliver a procedural plan matching the rules effective in your municipality.