Construction, repair and reconstruction in Georgia: a guide for architects and designers
10 June, 2025
Shalva Giorgadze, Partner, Lawyer, Head of the Department of Property Relations
This article appeared due to the active interest and questions that we regularly receive from the community of architects and designers working in Georgia. During discussions at professional meetings and in work chats, it became clear that many specialists lack structured information on how to properly and legally conduct projects related to the construction, renovation and redevelopment of apartments.
We have prepared a detailed guide to close this information gap and help architects and designers feel more confident about legal and regulatory issues. In the article you will find step-by-step instructions, links to laws, practical examples, and tips for interacting with customers and municipalities.
We have prepared a detailed guide to close this information gap and help architects and designers feel more confident about legal and regulatory issues. In the article you will find step-by-step instructions, links to laws, practical examples, and tips for interacting with customers and municipalities.
1. GENERAL LEGISLATIVE FRAMEWORK
In Georgia, the regulation of construction activities, architecture and urban planning is carried out on the basis of the following key regulations:
1.1. The Code of Spatial Planning, Architecture and Construction of Georgia (2019)
● Establishes general rules for the planning, design, approval and construction of real estate.
● It contains rules on the types of permits, the procedure for issuing and monitoring construction activities.
When to use it:
If you want to design a new apartment building, it is this code that determines the order in which you must submit the project to the municipality, what requirements apply to the project documentation and how the approval takes place.
1.2. Technical Safety Regulations for Construction (Government Decree No. 41 dated January 28, 2016)
● Regulates technical parameters, building codes, and safety standards in detail.
● An analogue of the Soviet SNIPS: covers ventilation, stairs, fire safety, electrics, sanitary facilities, materials, etc.
When to use it:
When designing a restaurant or hotel, you must comply with the requirements for evacuation exits, the width of staircases, the placement of bathrooms, etc., as specified in these regulations.
1.3. Resolution No. 255 On the Rules and Conditions for Issuing Permits for the Construction and Commissioning of Buildings (2019)
● Establishes the procedure for submitting a construction application.
● Defines the list of required documents.
● Describes the process of verification, approval, and decision-making by the Mayor’s office.
When to use it:
You are developing a cottage project. According to Resolution No. 255, you must submit to the mayor’s office: an application, a situational plan, an architectural design, engineering solutions, and approvals from other authorities (if required).
1.4. Municipal resolutions (for example, a Resolution Approving the Rules Governing the Use and Development of the Territories of the Municipality of Tbilisi)
● These acts define the zoning of the city, the designation of zones (residential, commercial, recreational, etc.).
● Establish what can be built in each specific zone.
When to use it:
If the site is located in "residential zone 1", you can only build individual residential buildings. Apartment buildings or commercial properties will require zoning changes.
1.5. Law No. 2277 "On Protection of Cultural Heritage of Georgia" (2007)
● Defines protected objects, regulates permissible types of work (restoration, reconstruction, adaptation).
● It provides for a separate approval procedure at the Cultural Heritage Agency.
When to use it:
If a designer has been assigned a redesign project for a 19th-century building in the center of Batumi, in accordance with the Law, it is necessary to obtain consent from the agency, and any external changes to the facade will require a separate historical and architectural opinion.
1.6. The Organic Law of Georgia "On the Ownership of Agricultural Land"
● Regulates the rights to land, its registration, status (agricultural / non-agricultural), the procedure of alienation and change of destination.
When to use it:
Before buying a building site, it is necessary to clarify its status through the public registry. If it is agricultural, a foreign citizen will not be able to buy it directly. It is necessary to change the appointment or register it through a legal entity with Georgian participation.
1.1. The Code of Spatial Planning, Architecture and Construction of Georgia (2019)
● Establishes general rules for the planning, design, approval and construction of real estate.
● It contains rules on the types of permits, the procedure for issuing and monitoring construction activities.
When to use it:
If you want to design a new apartment building, it is this code that determines the order in which you must submit the project to the municipality, what requirements apply to the project documentation and how the approval takes place.
1.2. Technical Safety Regulations for Construction (Government Decree No. 41 dated January 28, 2016)
● Regulates technical parameters, building codes, and safety standards in detail.
● An analogue of the Soviet SNIPS: covers ventilation, stairs, fire safety, electrics, sanitary facilities, materials, etc.
When to use it:
When designing a restaurant or hotel, you must comply with the requirements for evacuation exits, the width of staircases, the placement of bathrooms, etc., as specified in these regulations.
1.3. Resolution No. 255 On the Rules and Conditions for Issuing Permits for the Construction and Commissioning of Buildings (2019)
● Establishes the procedure for submitting a construction application.
● Defines the list of required documents.
● Describes the process of verification, approval, and decision-making by the Mayor’s office.
When to use it:
You are developing a cottage project. According to Resolution No. 255, you must submit to the mayor’s office: an application, a situational plan, an architectural design, engineering solutions, and approvals from other authorities (if required).
1.4. Municipal resolutions (for example, a Resolution Approving the Rules Governing the Use and Development of the Territories of the Municipality of Tbilisi)
● These acts define the zoning of the city, the designation of zones (residential, commercial, recreational, etc.).
● Establish what can be built in each specific zone.
When to use it:
If the site is located in "residential zone 1", you can only build individual residential buildings. Apartment buildings or commercial properties will require zoning changes.
1.5. Law No. 2277 "On Protection of Cultural Heritage of Georgia" (2007)
● Defines protected objects, regulates permissible types of work (restoration, reconstruction, adaptation).
● It provides for a separate approval procedure at the Cultural Heritage Agency.
When to use it:
If a designer has been assigned a redesign project for a 19th-century building in the center of Batumi, in accordance with the Law, it is necessary to obtain consent from the agency, and any external changes to the facade will require a separate historical and architectural opinion.
1.6. The Organic Law of Georgia "On the Ownership of Agricultural Land"
● Regulates the rights to land, its registration, status (agricultural / non-agricultural), the procedure of alienation and change of destination.
When to use it:
Before buying a building site, it is necessary to clarify its status through the public registry. If it is agricultural, a foreign citizen will not be able to buy it directly. It is necessary to change the appointment or register it through a legal entity with Georgian participation.
2. THE PROCEDURE FOR OBTAINING BUILDING PERMITS IN GEORGIA
2.1. The general scheme of the approval process
2.2. Step 1 — Site inspection
What needs to be clarified:
● Who owns the plot.
● Its status is agricultural or non-agricultural.
● The zoning category according to the urban planning plan.
Tools:
● Information about the rights to the land: see here
● Geographic information maps of Tbilisi: Watch it here
It is important to know:
● There are agricultural and non-agricultural land plots in Georgia. In turn, agricultural lands are divided into the following categories: pasture lands, hay fields, arable land (including land occupied by perennial plantations) or household category. A private residential single-family house can be built on the land of the household category.
● Non-agricultural land is provided for the construction of commercial facilities, but on land with this status it is also possible to obtain a permit for the construction of a private residential building.
● Changing the status of a land plot from agricultural to non-agricultural requires permission and compliance with special rules and procedures.
2.3. Step 2 — Clarifying urban planning restrictions
What determines the feasibility of building:
● The general plan of the city development.
● Decisions of the municipality.
● Protected status (for example, an object of cultural heritage).
If the site falls into an area with special conditions:
● We will have to get additional approvals (with the mayor’s office, the cultural heritage agency, environmental services, etc.).
2.4. Step 3 — Preparation of the architectural project
The project should include:
● A Master Plan.
● Facade drawings, layouts, structural and engineering solutions.
● Calculation and graphic materials.
● An explanatory note.
The requirements are defined in:
● Resolution No. 255 (on building permits).
● Technical Safety Regulations (Resolution No. 41).
2.5. Step 4 — Applying for a permit
Where to apply:
Municipality (for example, Tbilisi City Hall).
Package of documents:
● Application.
● Documents confirming ownership of the land.
● Project documentation.
● Coordination with other authorities (if required).
● Receipt of payment of the fee.
Legal basis:
Government Decree No. 255
2.6. Step 5 — Getting permission
The review period is up to 20 working days if the project does not require additional approvals.
After approval, a building permit is issued indicating:
● The name of the facility.
● Building conditions.
● Responsible persons.
2.7. Step 6 — Construction and commissioning
After the construction is completed:
● The customer submits an application for commissioning.
● An on-site inspection is underway.
● An act of compliance with the project is being drawn up.
If everything matches, the object is entered in the register and is considered completed.
- Site selection. Verification of his legal and factual status.
- Collecting preliminary information on zoning and restrictions.
- Preparation of an architectural project.
- Coordination with the relevant authorities.
- Obtaining a building permit.
- Completion of construction. Commissioning of the facility (acceptance certificate).
2.2. Step 1 — Site inspection
What needs to be clarified:
● Who owns the plot.
● Its status is agricultural or non-agricultural.
● The zoning category according to the urban planning plan.
Tools:
● Information about the rights to the land: see here
● Geographic information maps of Tbilisi: Watch it here
It is important to know:
● There are agricultural and non-agricultural land plots in Georgia. In turn, agricultural lands are divided into the following categories: pasture lands, hay fields, arable land (including land occupied by perennial plantations) or household category. A private residential single-family house can be built on the land of the household category.
● Non-agricultural land is provided for the construction of commercial facilities, but on land with this status it is also possible to obtain a permit for the construction of a private residential building.
● Changing the status of a land plot from agricultural to non-agricultural requires permission and compliance with special rules and procedures.
2.3. Step 2 — Clarifying urban planning restrictions
What determines the feasibility of building:
● The general plan of the city development.
● Decisions of the municipality.
● Protected status (for example, an object of cultural heritage).
If the site falls into an area with special conditions:
● We will have to get additional approvals (with the mayor’s office, the cultural heritage agency, environmental services, etc.).
2.4. Step 3 — Preparation of the architectural project
The project should include:
● A Master Plan.
● Facade drawings, layouts, structural and engineering solutions.
● Calculation and graphic materials.
● An explanatory note.
The requirements are defined in:
● Resolution No. 255 (on building permits).
● Technical Safety Regulations (Resolution No. 41).
2.5. Step 4 — Applying for a permit
Where to apply:
Municipality (for example, Tbilisi City Hall).
Package of documents:
● Application.
● Documents confirming ownership of the land.
● Project documentation.
● Coordination with other authorities (if required).
● Receipt of payment of the fee.
Legal basis:
Government Decree No. 255
2.6. Step 5 — Getting permission
The review period is up to 20 working days if the project does not require additional approvals.
After approval, a building permit is issued indicating:
● The name of the facility.
● Building conditions.
● Responsible persons.
2.7. Step 6 — Construction and commissioning
After the construction is completed:
● The customer submits an application for commissioning.
● An on-site inspection is underway.
● An act of compliance with the project is being drawn up.
If everything matches, the object is entered in the register and is considered completed.
3. REDEVELOPMENT AND RECONSTRUCTION: WHEN PERMISSION IS NEEDED AND WHEN NOT
3.1. Terminology: what is the difference?
Redevelopment — Changing the configuration of the interior without changing the load-bearing structures
Reconstruction — Changing the parameters of an object (height, area, purpose, etc.)
Major repairs — Replacement or reinforcement of load-bearing structures, engineering systems
Routine maintenance — Cosmetic work: painting, replacement of coatings, plumbing, etc.
Source: Code of Spatial Planning, Architecture and Construction, Chapter IV.
3.2. When is the permit required?
Permission is required in the following cases:
● Redevelopment with modification of load-bearing walls.
● Relocation or expansion of bathrooms and kitchens, if this is related to wet areas.
● Changing the purpose of a room (for example, moving an apartment to an office).
● Changing the facade (windows, doors, balconies, air conditioners on the facade).
● Increasing the total area by combining rooms or extensions.
● Consolidation of apartments/premises with registration in the cadastre.
3.3. When is a permit not required?
Without permission, you can:
● Remove or install non-capital partitions (made of drywall, wood, etc.).
● Carry out finishing work: painting, laying tiles, wallpaper.
● Replace the plumbing without transferring communications.
● Change the doors and windows inside the room (but not the front ones!).
Example:
The designer removes the partition between the kitchen and the living room and creates an open space area. If the wall is not load—bearing and the functional purpose does not change, no approval is required.
3.4. How do I apply for a permitted redevelopment?
3.5. Features of new buildings
● In most cases, the developer rents apartments with a free layout. Any changes must
● be approved before the house is put into operation.
● After the house is rented, the rules described above apply.
Example:
In a new building, the customer wants to install a bathtub on the balcony. This is a change in the facade and engineering systems — a project and a permit will be required.
Redevelopment — Changing the configuration of the interior without changing the load-bearing structures
Reconstruction — Changing the parameters of an object (height, area, purpose, etc.)
Major repairs — Replacement or reinforcement of load-bearing structures, engineering systems
Routine maintenance — Cosmetic work: painting, replacement of coatings, plumbing, etc.
Source: Code of Spatial Planning, Architecture and Construction, Chapter IV.
3.2. When is the permit required?
Permission is required in the following cases:
● Redevelopment with modification of load-bearing walls.
● Relocation or expansion of bathrooms and kitchens, if this is related to wet areas.
● Changing the purpose of a room (for example, moving an apartment to an office).
● Changing the facade (windows, doors, balconies, air conditioners on the facade).
● Increasing the total area by combining rooms or extensions.
● Consolidation of apartments/premises with registration in the cadastre.
3.3. When is a permit not required?
Without permission, you can:
● Remove or install non-capital partitions (made of drywall, wood, etc.).
● Carry out finishing work: painting, laying tiles, wallpaper.
● Replace the plumbing without transferring communications.
● Change the doors and windows inside the room (but not the front ones!).
Example:
The designer removes the partition between the kitchen and the living room and creates an open space area. If the wall is not load—bearing and the functional purpose does not change, no approval is required.
3.4. How do I apply for a permitted redevelopment?
- Prepare a draft of the changes.
- Get a technical report.
- Submit an application to the mayor’s office.
- Get permission for renovation/redevelopment.
3.5. Features of new buildings
● In most cases, the developer rents apartments with a free layout. Any changes must
● be approved before the house is put into operation.
● After the house is rented, the rules described above apply.
Example:
In a new building, the customer wants to install a bathtub on the balcony. This is a change in the facade and engineering systems — a project and a permit will be required.
4. WORK WITH CULTURAL HERITAGE SITES IN GEORGIA
4.1. What is an object of cultural heritage?
An object of cultural heritage is a building, structure, territory, or ensemble with historical, architectural, artistic, or other value that is officially included in the register of cultural monuments.
Legal framework: The Law of Georgia "On the Protection of Cultural Heritage" No. 2277 of 2007.
Examples of such objects: Old buildings in Tbilisi on the streets of Kote Uphazi, Abo Tbilisi, Sololaki, Mtatsminda, Agmashenebeli Avenue, etc., Merchant houses in Batumi, Telavi, Sighnaghi.
4.2. How do I check if an object is a monument?
The issues of cultural heritage coordination are overseen by the National Agency for the Protection of Cultural Heritage of Georgia.
4.3. What is forbidden to do without permits?
It is forbidden to carry out any work both outside and inside the premises without prior approval.
A practical example
Situation: The designer was commissioned to develop a redesign project for an apartment in an old house on Kote Uphazi Street in Tbilisi.
1. Through the heritage website. Later it turned out that the house was included in the list of protected buildings.
2. The designer ordered a historical and architectural conclusion.
3. An interior redevelopment project has been developed that does not affect the facade and load-bearing walls.
4. The project has been approved by the Cultural Heritage Agency.
5. After receiving the permit, repair work began in compliance with the conditions.
4.4. Liability for violations
● Fines for unauthorized work on cultural heritage sites can reach GEL 25,000 and above.
● in case of serious violations, criminal proceedings may be initiated (Article 259 of the Criminal Code of Georgia).
An object of cultural heritage is a building, structure, territory, or ensemble with historical, architectural, artistic, or other value that is officially included in the register of cultural monuments.
Legal framework: The Law of Georgia "On the Protection of Cultural Heritage" No. 2277 of 2007.
Examples of such objects: Old buildings in Tbilisi on the streets of Kote Uphazi, Abo Tbilisi, Sololaki, Mtatsminda, Agmashenebeli Avenue, etc., Merchant houses in Batumi, Telavi, Sighnaghi.
4.2. How do I check if an object is a monument?
- Check the status of the object through the registry:
- Contact the Cultural Heritage Protection Agency (national or municipal).
The issues of cultural heritage coordination are overseen by the National Agency for the Protection of Cultural Heritage of Georgia.
4.3. What is forbidden to do without permits?
It is forbidden to carry out any work both outside and inside the premises without prior approval.
A practical example
Situation: The designer was commissioned to develop a redesign project for an apartment in an old house on Kote Uphazi Street in Tbilisi.
1. Through the heritage website. Later it turned out that the house was included in the list of protected buildings.
2. The designer ordered a historical and architectural conclusion.
3. An interior redevelopment project has been developed that does not affect the facade and load-bearing walls.
4. The project has been approved by the Cultural Heritage Agency.
5. After receiving the permit, repair work began in compliance with the conditions.
4.4. Liability for violations
● Fines for unauthorized work on cultural heritage sites can reach GEL 25,000 and above.
● in case of serious violations, criminal proceedings may be initiated (Article 259 of the Criminal Code of Georgia).
5. RENTED AND NOT RENTED HOUSES: STATUS AND LEGAL FEATURES
5.1. What does "house commissioned" mean?
A commissioned house is a building for which:
● construction work has been completed;
● A technical compliance check has been carried out;
● An act of commissioning has been issued;
● The building is registered with the National Agency for Public Registry;
Legal basis:
● Spatial Planning and Construction Code,
● Resolution No. 255 on the issuance of permits and commissioning.
5.2. What is an "unreleased" house?
An unreleased house is an object for which:
● the construction has been partially or completely completed;
● The acceptance certificate has not been issued;
● failed to check for compliance with building regulations;
● there is no registration in the register as a full-fledged building;
5.4. How do I check if the house is rented or not?
Algorithm:
5.5. What should I do if the building is not completed?
Possible actions:
● Contact the developer with a request to complete the delivery process.
● Submit a collective application from the owners to the mayor’s office in the event that the developer has gone bankrupt/liquidated or a construction amnesty has been announced.
Important:
A commissioned house is a building for which:
● construction work has been completed;
● A technical compliance check has been carried out;
● An act of commissioning has been issued;
● The building is registered with the National Agency for Public Registry;
Legal basis:
● Spatial Planning and Construction Code,
● Resolution No. 255 on the issuance of permits and commissioning.
5.2. What is an "unreleased" house?
An unreleased house is an object for which:
● the construction has been partially or completely completed;
● The acceptance certificate has not been issued;
● failed to check for compliance with building regulations;
● there is no registration in the register as a full-fledged building;
5.4. How do I check if the house is rented or not?
Algorithm:
- Request an act of commissioning from the seller or developer.
- Check the registration of the building in the public registry:
5.5. What should I do if the building is not completed?
Possible actions:
● Contact the developer with a request to complete the delivery process.
● Submit a collective application from the owners to the mayor’s office in the event that the developer has gone bankrupt/liquidated or a construction amnesty has been announced.
Important:
- Ownership of apartments and non-residential premises in facilities whose construction permit was issued before January 1, 2022, can be registered BEFORE the facility is put into operation.
- If the ownership of an apartment/non-residential is registered, then the fact that the object has not been put into operation does not prevent you from disposing of the apartment/non-residential, including: renting it out, mortgaging it, selling it and inheriting it.
6. HOW TO ESTABLISH A LEGALLY CORRECT RELATIONSHIP WITH THE CUSTOMER
6.1. Do I need to sign a contract with the customer?
Yes. Verbal agreements in Georgia do not protect the performer. Without an agreement:
● it is impossible to confirm the scope and content of the assignment;
● You cannot demand payment for the work performed.;
● it is difficult to prove the customer’s guilt in case of delays and conflicts.
Legal basis: The Civil Code of Georgia
6.2. What should be in the contract of the designer/architect?
Essential conditions:
Additionally:
● An application with a technical specification.
● Stage-by-stage (preliminary draft, final, author’s supervision).
● An indication of who is responsible for approval at the mayor’s office and monitoring compliance with regulations.
Small tip:
Don’t be afraid to use simple language — the main thing is that the customer understands what they are paying for and what you are obligated to do.
6.3. How to protect yourself from conflict?
Recommendations:
● Include a clause in the contract: "The Parties recognize the electronic correspondence as legally significant."
● To clarify who is submitting the project to the mayor’s office, who is responsible for approval.
● Introduce late payment penalties (for example, 0.1% per day).
● Specify the order of acceptance of the work (acceptance certificate, reviews and improvements).
An example of the wording:
"The work is considered accepted if the customer has not sent motivated comments within 5 working days from the date of the transfer of the project."
6.4. How do I issue invoices and receive payments?
Options:
● Step-by-step: advance → draft → final draft.
● With pay-as-you-go (for trusted clients).
● Through an individual entrepreneur or a legal entity (for issuing an invoice and paying to an account).
6.4. What taxes should I pay?
Income tax:
● An architect or designer, or a person performing any construction work for individuals, may operate as an individual entrepreneur with the status of a small business. In this case, the income tax before reaching a turnover of 500,000 lari per calendar year will amount to 1% of the income received
● A person who performs any construction work for sole proprietors or companies cannot use the status of a small business and the income tax for him will amount to 20% of the difference between income and expense.
● If a person provides services without obtaining sole proprietorship status, the income tax will also amount to 20% of the difference between income and expense.
Value added tax:
Yes. Verbal agreements in Georgia do not protect the performer. Without an agreement:
● it is impossible to confirm the scope and content of the assignment;
● You cannot demand payment for the work performed.;
● it is difficult to prove the customer’s guilt in case of delays and conflicts.
Legal basis: The Civil Code of Georgia
6.2. What should be in the contract of the designer/architect?
Essential conditions:
- Full details of the parties (full name, identification number, address).
- Subject of the contract: a clear description of the work (project, supervision, consultations, etc.).
- Deadlines (stages, calendar plan).
- The scope of responsibility of the parties.
- Cost and payment procedure.
- The procedure for making changes to the project.
- Termination conditions.
- Disputes and jurisdiction.
Additionally:
● An application with a technical specification.
● Stage-by-stage (preliminary draft, final, author’s supervision).
● An indication of who is responsible for approval at the mayor’s office and monitoring compliance with regulations.
Small tip:
Don’t be afraid to use simple language — the main thing is that the customer understands what they are paying for and what you are obligated to do.
6.3. How to protect yourself from conflict?
Recommendations:
● Include a clause in the contract: "The Parties recognize the electronic correspondence as legally significant."
● To clarify who is submitting the project to the mayor’s office, who is responsible for approval.
● Introduce late payment penalties (for example, 0.1% per day).
● Specify the order of acceptance of the work (acceptance certificate, reviews and improvements).
An example of the wording:
"The work is considered accepted if the customer has not sent motivated comments within 5 working days from the date of the transfer of the project."
6.4. How do I issue invoices and receive payments?
Options:
● Step-by-step: advance → draft → final draft.
● With pay-as-you-go (for trusted clients).
● Through an individual entrepreneur or a legal entity (for issuing an invoice and paying to an account).
6.4. What taxes should I pay?
Income tax:
● An architect or designer, or a person performing any construction work for individuals, may operate as an individual entrepreneur with the status of a small business. In this case, the income tax before reaching a turnover of 500,000 lari per calendar year will amount to 1% of the income received
● A person who performs any construction work for sole proprietors or companies cannot use the status of a small business and the income tax for him will amount to 20% of the difference between income and expense.
● If a person provides services without obtaining sole proprietorship status, the income tax will also amount to 20% of the difference between income and expense.
Value added tax:
- If the income from the source in Georgia reaches 100,000 lari in 12 consecutive months, it is necessary to register as a VAT payer. Income earned after obtaining the status of a VAT payer will be subject to VAT at the rate of 18%.
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MARIA GUSEINOVA
Leading Manager of Commercial Department
Leading Manager of Commercial Department