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Zoning Variance Applications

How much does it cost to increase the K2 coefficient?

The fee is calculated based on a formula involving the land's location zone and market value. It is paid to the municipal budget and can be significant.

Is zoning change guaranteed?

No, it is at the discretion of the municipality. Approvals depend on whether the proposal aligns with the city's general development plan. Refusals are common if poorly justified.

What is a Special Zoning Agreement (SZA)?

It is an administrative act allowing exceptions to general zoning rules (e.g., increased height or density) for a specific project.

Do I need a Detailed Development Plan (GRG) for this?

In most cases, changing the zone or significantly increasing coefficients requires developing and approving a Detailed Development Plan (GRG).

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Zoning Variance and Special Zoning Agreement: Increasing Development Parameters

Zoning Variance applications involve procedures aimed at allowing exceptions from existing urban planning regulations or changing zone parameters for a specific construction project. In Georgia, this is primarily done in two ways: 1) Changing the functional zone (e.g., changing Residential Zone 1 to Residential Zone 6) and 2) Obtaining a Special Zoning Agreement (SZA), which implies increasing the development intensity coefficient (K2). These tools allow developers to increase the building's height and area, but the process requires solid urban justification and approval from the Municipal Council (Sakrebulo). A tandem of a qualified lawyer and an urban planner is essential to prepare a successful application.

What Does This Service Cover?

Specialists on Legal.ge offer full support in the process of zoning changes:

  • Potential Assessment: Analyzing the land plot to determine how realistic it is to change the zone or increase the coefficient in the context of existing development.
  • Urban Planning Justification: Preparing justification with the involvement of professional urban planners on why the change will not harm the city's appearance and traffic flows.
  • Application Preparation: Compiling documentation (sketch project, studies) necessary for obtaining a Special Zoning Agreement and submitting it to the municipality.
  • Council Representation: Defending interests at the Council for Regulation of Usage of Territories and Development.
  • GRG Modification: Legal management of making changes to an existing Detailed Development Plan (GRG).
  • Fee Calculation: Preliminary calculation of the fee for K2 coefficient increase and discussion of payment schemes.

Common Situations When You Need a Lawyer

Zoning changes become necessary when:

  • Higher Density: You want to build a high-rise building, but the existing zone (e.g., RZ-3) limits height and area.
  • Change of Function: The plot is in an industrial zone, and you want to build a residential complex there, requiring a change in zone status.
  • Merging Plots: You are merging several plots for unified development and need a unified zonal status assigned.
  • Historic Restrictions: The building is in a cultural heritage zone, and you need a special permit for minor parameter changes.
  • Difficult Terrain: Due to complex terrain, standard regulations cannot be met, and you request an exception.

Georgian Legal Framework

Zonal changes are regulated by the Code of Spatial Planning, Architectural and Construction Activity of Georgia. The procedural part is outlined in Government Resolution No. 59. Particularly important are local municipal decrees (e.g., Tbilisi City Assembly) "On Rules for Regulating Usage of Territories and Development," which define criteria and fees for issuing a Special Zoning Agreement (SZA).

Process: How Collaboration with a Specialist Works

Collaboration includes:

  1. Analysis: Studying the existing zone and surrounding development.
  2. Design: Preparing a conceptual project with architects justifying the need for change.
  3. Submission: Filing the application with the City Hall Architecture Service.
  4. Review: Review of the issue at the Zonal Council and City Assembly session.
  5. Approval: In case of a positive decision, issuance of the relevant decree and payment of the K2 fee.

Why Choose Legal.ge?

Changing zoning is a complex urban-legal process where the probability of refusal is high without correct justification. Legal.ge connects you with experts who understand municipal policy and can prepare convincing arguments for your project. Increase your investment return with professional legal support.

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