Zoning Variances

Zoning Variances and changes are critical tools for real estate developers and owners in Georgia. Often, the existing functional zone of a land plot (e.g., recreational or landscape) or development parameters (K1, K2, K3 coefficients) restrict the implementation of a desired project. However, legislation provides the opportunity, under certain conditions, to change the zone or obtain a Special Zonal Agreement (SZA). This process requires complex urban and legal justification, interaction with the Urban Planning Council, and approval from the City Council. An incorrectly prepared application frequently leads to refusal, halting the investment project.

What does the Zoning Variances service cover?

Specialists on Legal.ge offer full services for optimizing zonal parameters:

• Zoning Audit: Analysis of the current status of the land plot, prospects under the General Plan, and restrictions (e.g., cultural heritage zones).
• Functional Zone Change: Preparing an application to change the functional zone of the land plot (e.g., from agricultural to residential, or from recreational to commercial).
• K2 Coefficient Increase: Requesting an increase in the development intensity coefficient (K2), which allows for building more square meters. This is often done in exchange for compensation or payment of a special fee.
• Special Zonal Agreement (SZA): Submitting a justified project requesting an exception from general regulations (e.g., adjusting height limits, greening, or parking norms).
• Detailed Development Plan (DDP): Preparing and agreeing on the DDP terms of reference and project at City Hall, which is necessary for large-scale development.
• Representation at the Council: Defending the client's interests at the meetings of the Urban Planning Council of Tbilisi (or other municipalities).

When do you need this service?

Zoning changes are relevant when:

• You want to build a hotel on a plot that has "Residential Zone" status.
• The existing K2 coefficient does not allow for building an economically profitable area.
• You wish to reduce the legally established setback distances from a neighboring plot.
• The plot falls within a Landscape Zone where construction is prohibited, but the area is actually urbanized.

Georgian Legislation and Regulations

Zoning issues are regulated by the Code of Spatial Planning, Architecture and Construction Activities of Georgia and the Government Resolution "On Basic Provisions for Regulating the Use and Development of Territories". Each municipality (e.g., Tbilisi, Batumi) has an approved General Land Use Plan establishing zones. Changing a zone is an administrative process that requires justifying the balance between public and private interests.

Service Delivery Process

1. Preliminary Research: Evaluating real chances of change with an architect and lawyer.
2. Documentation Preparation: Creating an urban planning conclusion, visualization, and explanatory note.
3. Application Submission: Uploading documentation to the City Hall electronic portal.
4. Review and Approval: Recommendation issuance by the Council and final act issuance by the City Council/Mayor.

Why choose a specialist on Legal.ge?

Zoning change is not a guaranteed process; it requires strong argumentation and thorough knowledge of procedures. Specialists on Legal.ge have successful experience in resolving complex zoning issues, increasing the likelihood of your project's approval.