On Recognition of the Right of Ownership to Land Plots in the Possession (Use) of Natural Persons and Legal Entities of Private Law
Text of the document
📑 Contents (20 articles)
Law of Georgia
On Recognition of the Right of Ownership to Land Plots in the Possession (Use) of Natural Persons and Legal Entities of Private Law
Article 1. Purpose of the🔗
Law
The purpose of this Law is, through the recognition of the right of ownership of natural persons, legal entities of private law or other organisational formations provided for by law to land in state ownership that is in lawful possession (use), as well as arbitrarily occupied (hereinafter – recognition of the right of ownership), to develop the land fund in state ownership and to promote the development of the land market.
Law of Georgia of 5 December 2008 No. 614- LHG I, No. 36, 12 December 2008, Art. 233
Article 2. Terms🔗
Definition
in this
Law
used
terms
have
the following
meaning:
a) land in lawful possession (use) – a plot of land of agricultural or non-agricultural designation in state ownership, with or without buildings and structures located thereon (built, under construction or demolished), in respect of which (the land plot or the building or structure) a natural person or a legal entity of private law or another organisational formation provided for by law acquired the right of lawful possession before this Law entered into force, as well as land recorded in the technical inventory archive and arbitrarily occupied before 4 October 2004;
b) (deleted);
c) arbitrarily occupied land – a plot of land of agricultural or non-agricultural designation in state ownership arbitrarily occupied by a natural person before this Law entered into force, on which a residential house (built, under construction or demolished) or a non-residential building (built, under construction or demolished) is located, as well as an arbitrarily occupied land plot (with or without a building) adjacent to a land plot in the ownership or lawful possession of an interested natural person, the total area of which in the lowlands does not exceed 1.25 hectares, and in a highland settlement determined in accordance with the Law of Georgia “On the Development of Highland Regions” – 5 hectares; an arbitrarily occupied land plot adjacent to a land plot in the ownership or lawful possession of a legal entity of private law, on which a non-residential building (built) is located, the area of which is less than the area of the land plot in ownership or lawful possession and which, at the time of the request for recognition of the right of ownership, has not been disposed of by the state, except for the cases provided for by subparagraph “a” of this Article;
d) recognition of the right of ownership – transfer into ownership, in a paid or gratuitous form, to a natural person or a legal entity of private law or another organised formation provided for by law, of a plot of land of agricultural or non-agricultural designation in state ownership, with or without buildings and structures located thereon (built, under construction or demolished), in accordance with the conditions and procedure determined by the rules for recognition of the right of ownership to land plots in the possession (use) of natural persons and legal entities of private law approved by this Law and the relevant Resolution of the Government of Georgia;
e) interested person – a natural person, as well as his/her presumed heir or legal successor, who lawfully possesses (uses) or who has arbitrarily occupied a land plot of state ownership of agricultural or non-agricultural designation, on which a residential house (built or demolished) or a non-residential building (built) is located, as well as a legal entity of private law which, adjacent to the land plot in its ownership or lawful possession, has arbitrarily occupied a land plot on which a non-residential building (built) is located, as well as a legal entity of private law or another organisational formation provided for by law or its legal successor, which lawfully possesses (uses) a land plot of state ownership of agricultural or non-agricultural designation with or without the buildings and structures located thereon (built or demolished) and which, in accordance with the procedure established by this Law, wishes to acquire the right of ownership thereto, as well as that natural person or legal entity of private law or other organisational formation which, from the user of a land plot of state ownership of agricultural or non-agricultural designation, in accordance with the procedure established by the legislation of Georgia, acquired/obtained the right of ownership to the building or structure located on this land plot;
f) building – a structural system created from construction materials and products, which is immovably connected to the ground, creates a covered space and is bounded by walls, columns and/or other enclosing structures (including a wooden structure), except for a temporary building;
g) temporary building – a system composed of prefabricated elements, assemblable-disassemblable and/or mobile, which is connected to the ground by its own weight and/or dry non-monolithic fastening and which has no underground premises.
Law of Georgia of 28 December 2007 No. 5673 – LHG I, No. 50, 29.12.2007, Art. 443
Law of Georgia of 23 October 2008 No. 386 – LHG I, No. 29, 04.11.2008, Art. 173
Law of Georgia of 5 December 2008 No. 614 – LHG I, No. 36, 12.12.2008, Art. 233
Law of Georgia of 25 December 2009 No. 2463 – LHG I, No. 50, 31.12.2009, Art. 404
Law of Georgia of 20 September 2013 No. 1248 – website, 08.10.2013
Law of Georgia of 11 December 2019 No. 5501 – website, 18.12.2019
Article 3. Scope of🔗
regulation
of the Law
1. This Law defines the main conditions for recognition of the right of ownership to land held in lawful possession (use), as well as to arbitrarily occupied land, and the authority of those bodies which represent the State in the process of recognition of the right of ownership.
1¹. In the event that a competent state body has alienated only an essential component part of a land plot and, on the land plot, proceeding from the requirements of this Law, recognition of the right of ownership cannot be carried out, the land plot attributed by the right of ownership to the essential component part of the land plot shall be determined by the property manager provided for by the Law of Georgia on State Property.
2. Recognition of the right of ownership shall not apply to the following arbitrarily occupied state-owned land of agricultural or non-agricultural designation:
a) cattle driving route;
b) land of the state water fund, except for those land plots whose transfer into ownership and use is possible in accordance with the requirements established by the Law of Georgia on Water;
[ b) land of the state water fund, except for those land plots whose transfer into ownership and use is possible in accordance with the requirements established by the Law of Georgia on Water Resources Management; (shall enter into force from 1 September 2026)]
c) state forest land, except for the land plot occupied by a natural person or a legal entity of private law or another organisational formation provided for by law, whose transfer into ownership is possible in accordance with the conclusion of the respective authorised body for state forest management and whose removal will not impede the implementation of state forest management and protection;
d) protected area, except for a protected landscape and a territory of multiple use;
e) park, forest-park, square and other territory of recreational designation, except for territories having the status of Georgian resorts, resort areas, mountain-skiing centres and the recreational territory of the Black Sea coast determined by the respective Resolution of the Government of Georgia;
f) monuments of history, culture, nature and cult-religious monuments;
g) land plot of public use (square, street, passage, road, pavement, coast), recreation area (park, forest-park, square, avenue), dendrological park and botanical garden;
h) if a reservoir, a hydrotechnical structure and the sanitary-protection zones of these objects are located thereon;
i) if objects of public infrastructure (transport and underground communications, water supply, sewerage, communications and electrical wiring) are located thereon;
j) land plots of special designation (intended for defence and mobilisation);
k) land plot occupied by objects in state ownership, including the land plot on which the state property located is not subject to privatisation in accordance with the Law of Georgia on State Property;
l) cemetery and pantheon;
m) sanitary and protection zones;
n) if it is designated for the construction and operation of main oil and gas pipelines and the underground and above-ground facilities connected therewith;
o) pasture.
3. Within the administrative boundaries of the municipality of the city of Tbilisi, the right of ownership shall be subject to recognition over agricultural or non-agricultural land of state ownership arbitrarily occupied in zones III and IV of protection of main pipelines determined by the relevant Resolution of the Government of Georgia.
4. In the case provided for by the Law of Georgia “On the Rules for Systematic and Sporadic Registration of Rights in Land Plots and the Improvement of Cadastral Data”, the registration of the right of ownership and of changes in registered data (systematic registration and sporadic registration) in respect of land held in lawful possession (use), as well as arbitrarily occupied land, shall be carried out in accordance with the Law of Georgia “On the Rules for Systematic and Sporadic Registration of Rights in Land Plots and the Improvement of Cadastral Data”, this Law and normative acts issued on their basis.
Law of Georgia of 21 March 2008 No. 5993 - LHG I, No. 6, 25.03.2008, Art. 26
Law of Georgia of 27 June 2008 No. 88 - LHG I, No. 12, 14.07.2008, Art. 100
Law of Georgia of 5 December 2008 No. 614 - LHG I, No. 36, 12.12.2008, Art. 233
Law of Georgia of 3 November 2009 No. 1941 - LHG I, No. 35, 19.11.2009, Art. 246
Law of Georgia of 8 April 2010 No. 2887 - LHG I, No. 21, 22.04.2010, Art. 117
Law of Georgia of 21 July 2010 No. 3517 - LHG I, No. 48, 09.08.2010, Art. 318
Law of Georgia of 7 December 2010 No. 3889 - LHG I, No. 67, 09.12.2010, Art. 417
Law of Georgia of 5 June 2012 No. 6379 - website, 15.06.2012
Law of Georgia of 20 September 2013 No. 1248 – website, 08.10.2013
Law of Georgia of 3 June 2016 No. 5157 - website, 17.06.2016
Law of Georgia of 11 December 2019 No. 5501 – website, 18.12.2019
Law of Georgia of 22 May 2020 No. 5964 – website, 28.05.2020
Law of Georgia of 15 July 2020 No. 6953-rs – website, 28.07.2020
Law of Georgia of 30 June 2023 No. 3428 – website, 20.07.2023
Article 4. Body Authorized to Recognize the Right of Ownership to Arbitrarily Occupied Land🔗
1. With respect to arbitrarily occupied land, except for the case provided for by paragraph 4 of this article, the commission for recognition of the right of ownership to arbitrarily occupied land existing under the executive body of the respective municipality (in the municipality of the city of Tbilisi – under the Mayor of the municipality of the city of Tbilisi) shall be authorized to recognize the right of ownership, and it shall perform its functions in accordance with the formal administrative proceedings procedure defined by Chapter VIII of the General Administrative Code of Georgia and the procedure established by this Law. Before making a decision, the commission shall be authorized, if necessary, within the framework of administrative proceedings, to invite the competent representative(s) of the relevant state agency for consultation.
1¹. In the territories defined by the relevant resolution of the Government of Georgia that have the status of Georgian resorts, resort areas, mountain-skiing centres and the recreational territory of the Black Sea coast, the Government of Georgia may determine another body authorized to recognize the right of ownership to arbitrarily occupied land.
1². The authority of the commission for recognition of the right of ownership to arbitrarily occupied land provided for by this article and Article 6 of this Law is an authority delegated by the State to the municipality, the exercise of which is subject to sectoral supervision by the Ministry of Economy and Sustainable Development of Georgia in accordance with the procedure established by the Organic Law of Georgia “Local Self-Government Code”.
2. The legal grounds for the establishment and activity of the commission shall be determined by the rules for recognition of the right of ownership to land plots in the possession (use) of natural persons and legal entities of private law, approved by the relevant resolution of the Government of Georgia.
3. Members of the commission for recognition of the right of ownership to arbitrarily occupied land shall not be paid remuneration for the exercise of their authority in the commission. This restriction shall not apply to members of the commission for recognition of the right of ownership to arbitrarily occupied land existing under the Mayor of the municipality of the city of Tbilisi, whose activity may be financed from the financial resources allocated for the exercise of the delegated authority, in the amount and in accordance with the procedure determined by the Sakrebulo of the municipality of the city of Tbilisi.
4. Within the framework of systematic registration (hereinafter – systematic registration) provided for by the Law of Georgia “On the Rules for Systematic and Sporadic Registration of Rights to Land Plots and Improvement of Cadastral Data”, the Legal Entity of Public Law operating in the sphere of governance of the Ministry of Justice of Georgia – the National Agency of Public Registry (hereinafter – the Agency) is entitled to recognise the right of ownership, for the term established by the said Order, to arbitrarily occupied land located in the geographical area (areas) determined by the Order of the Minister of Justice of Georgia. After the completion of systematic registration, recognition of the right of ownership to arbitrarily occupied land located in the relevant geographical area shall continue in accordance with the procedure established by the legislation of Georgia.
5. Within the framework of systematic registration, the Agency is entitled to recognise the right of ownership, in addition to the land provided for by subparagraph “c” of Article 2 of this Law, also to an arbitrarily occupied land plot of agricultural designation (of the category of hayfield, arable land (including that occupied by perennial plantings, orchard, vegetable garden) or household plot) also in the case where no building or structure is located on it or it is not a land plot adjacent to a land plot in the ownership or lawful possession of an interested person and their total area in the lowland does not exceed 1.25 hectares, and in a highland settlement determined in accordance with the Law of Georgia “On the Development of Highland Regions” – 5 hectares.
6. Within the framework of systematic registration, the rule for recognition of the right of ownership is determined by the instruction “On the Public Registry” approved by the Order of the Minister of Justice of Georgia.
Law of Georgia of 28 December 2007 No. 5673 - LHG I, No. 50, 29.12.2007, Art. 443
Law of Georgia of 21 March 2008 No. 5993 - LHG I, No. 6, 25.03.2008, Art. 26
Law of Georgia of 5 December 2008 No. 614- LHG I, No. 36, 12.12.2008, Art. 233
Law of Georgia of 27 March 2009 No. 1134 - LHG I, No. 9, 13.04.2009, Art. 34
Law of Georgia of 21 July 2010 No. 3513 - LHG I, No. 48, 09.08.2010, Art. 314
Law of Georgia of 24 June 2011 No. 4966 - website, 11.07.2011
Law of Georgia of 20 September 2013 No. 1248 – website, 08.10.2013
Law of Georgia of 3 June 2016 No. 5157 - website, 17.06.2016
Law of Georgia of 11 December 2019 No. 5501 – website, 18.12.2019
Article 4¹. Body authorised to recognise the right of ownership to land in lawful possession (use)🔗
1. The Agency shall be authorised to recognise the right of ownership to land in lawful possession (use), and it shall exercise this authority in accordance with the procedure established by law.
2. Recognition of the right of ownership to land in lawful possession (use) shall be effected by registering the right of ownership of the lawful possessor (user) in the Registry of Rights to Immovable Things.
Law of Georgia of 5 December 2008 No. 614-LHG I, No. 36, 12.12.2008, Art. 233
Law of Georgia of 11 December 2019 No. 5501 – website, 18.12.2019
Article 5. Procedure for recognition of the right of ownership to land in lawful possession (use)🔗
1. The basis for consideration of a request for recognition of the right of ownership to land in lawful possession (use) shall be the submission by an interested person of a written application to the Agency.
2. In order to confirm a request for recognition of the right of ownership to land in lawful possession (use), the interested person shall submit:
a) a document confirming lawful possession (use) of the land;
b) a cadastral planning/survey drawing of the land plot;
c) a document confirming payment of the fee for recognition of the right of ownership;
d) identification documents of the interested person;
e) other documentation provided for by the legislation of Georgia.
3. Recognition of the right of ownership to land in lawful possession (use) shall be effected in accordance with the procedure established by law and within the established time limits.
Law of Georgia of 28 December 2007 No. 5673 - LHG I, No. 50, 29.12.2007, Art. 443
Law of Georgia of 23 October 2008 No. 386-LHG I, No. 29, 04.11.2008, Art. 173
Law of Georgia of 5 December 2008 No. 614-LHG I, No. 36, 12.12.2008, Art. 233
Law of Georgia of 3 June 2016 No. 5157 - website, 17.06.2016
Article 5¹. Rule for Recognition of the Right of Ownership to Arbitrarily Occupied Land🔗
1. The basis for consideration of a request for recognition of the right of ownership to arbitrarily occupied land is the submission by the interested person of a written application to the Commission.
2. When considering a request for recognition of the right of ownership to arbitrarily occupied land, the compliance of the request with the conditions of spatial planning and urban development plans shall be taken into account.
3. Unless otherwise provided by law, in order to confirm a request for recognition of the right of ownership to arbitrarily occupied land, the interested person shall submit:
a) a document confirming the arbitrary occupation of land and/or witness testimony;
b) a cadastral planning/measurement drawing of the land plot, and in the case provided for by paragraph 3 of Article 3 of this Law – a cadastral planning/measurement drawing of the land plot, which shall indicate the location of the main pipeline and the distance between the main pipeline and the land plot;
c) information for determining the amount of the fee for recognition of the right of ownership;
d) copies of the identification documents of the interested person.
3¹. If the other documentation submitted by the interested person does not reliably establish that a building/structure (constructed, under construction or demolished) is located on the arbitrarily occupied land plot before the entry into force of this Law, the Commission or the Agency for Recognition of the Right of Ownership to Arbitrarily Occupied Land shall be entitled, within the framework of systematic registration, to additionally require from the interested person an expert opinion confirming the fact of the existence of the building/structure (constructed, under construction or demolished) on the said land plot before the entry into force of Articles 1–6 and 8 of this Law (20 September 2007).
4. Unless otherwise provided by law, the Commission shall consider the application of the interested person within 2 months from its receipt. If more than 2 months is necessary to establish circumstances essential for the right of ownership, the Commission shall be entitled to extend the period for consideration of the application additionally by no more than 6 months.
5. If the interested person's request for recognition of the right of ownership to arbitrarily occupied land fully or partially meets the conditions defined by this Law and the Commission adopts a positive decision, the Commission shall send the interested person a written notification on the corresponding amount of the fee for recognition of the right of ownership and the obligation to pay it in full. If the interested person pays the amount established by the written notification of the fee for recognition of the right of ownership, the Commission shall issue a certificate of the right of ownership and a certified cadastral planning/measurement drawing, on which, together with other cadastral data, the boundaries and area of the land plot for which the right of ownership has been recognized and of the building located thereon shall be reflected.
6. After the issuance of a certificate of the right of ownership to a presumptive heir, the procedure for issuing a certificate of inheritance shall be determined by the legislation of Georgia.
7. If the request of the interested person for recognition of the right of ownership does not meet the conditions defined by this Law or the fact of arbitrary occupation is not confirmed by the documents attached to the application, the Commission adopts a written decision on refusal to recognise the right of ownership.
8. If the Commission has not adopted a decision on recognition of the right of ownership or on refusal to recognise the right of ownership within the time limit established by this Law, this shall be considered a refusal to recognise the right of ownership to the land and it may be appealed in accordance with the procedure established by the legislation of Georgia.
9. The Commission issues an individual administrative-legal act − an order − on a matter related to its powers.
Law of Georgia of 5 December 2008 No. 614 - LHG I, No. 36, 12.12.2008, Art. 233
Law of Georgia of 25 December 2009 No. 2463 - LHG I, No. 50, 31.12.2009, Art. 404
Law of Georgia of 8 April 2010 No. 2887 - LHG I, No. 21, 22.04.2010, Art. 117
Law of Georgia of 3 June 2016 No. 5157 - website, 17.06.2016
Law of Georgia of 20 July 2018 No. 3228 – website, 13.08.2018
Law of Georgia of 11 December 2019 No. 5501 – website, 18.12.2019
Article 6. Of the ownership🔗
of the right
of recognition
of the fee
amount
and
of payment
rules
1. Land in lawful possession (use) shall be transferred into ownership to an interested natural person free of charge, except where the existence of the land in lawful possession (use) is established by documentation confirming the privatisation of a building or structure located on that land.
1¹. On the basis of an application submitted in accordance with the procedure established for sporadic registration in relation to a land plot located within the geographical area of systematic registration, the fee for recognition by the Agency of the right of ownership to the land plot shall be determined by a Resolution of the Government of Georgia. The said fee shall not exceed twice the highest rate of the fee for services rendered by the Agency, established by the legislation of Georgia and in force on 8 December 2021.
2. For every square metre of land in lawful possession (use), for legal entities of private law, as well as in the case provided for in paragraph 1 of this Article, the fee for recognition of the right of ownership shall be five times the annual rate of property tax determined by a decision of the representative body of the municipality in accordance with the Tax Code of Georgia per one square metre of non-agricultural land at the time of the request for recognition of the right of ownership, and for every hectare of agricultural land – five times the annual rate of property tax on land determined by the Tax Code of Georgia at the time of the request for recognition of the right of ownership.
3. The fee for recognition of the right of ownership to arbitrarily occupied land:
a) for a legal entity of private law shall be: for every square metre of non-agricultural land – the normative price in force for the respective land at the time of the request, and for every hectare of agricultural land – one hundred times the annual rate of property tax on land established by the Government of Georgia at the time of the request for recognition of the right of ownership;
b) for a natural person shall be: for every hectare of agricultural land – ten times the annual rate of property tax on land determined by the Tax Code of Georgia at the time of the request for recognition of the right of ownership, and for every square metre of non-agricultural land – twenty times the annual rate of property tax on land determined by the Tax Code of Georgia at the time of the request for recognition of the right of ownership, but if twenty times the annual rate of property tax on land is greater than the normative price in force per one square metre of land, then the fee for recognition of the right of ownership for every square metre of arbitrarily occupied land shall be the normative price in force for the respective land at the time of the request.
3¹. (Deleted).
3². The fee for recognition of the right of ownership on arbitrarily occupied land may be determined by the normative price of land in accordance with the procedure established by the Government of Georgia and in defined cases.
4. The fee for recognition of the right of ownership shall be paid in a lump sum.
4¹. Until 1 January 2025, within the framework of systematic registration, recognition of the right of ownership on a land plot shall be carried out without payment of the fee for recognition of the right of ownership provided for by this article.
5. The Government of Georgia is authorized to establish cases of exemption from the fee for recognition of the right of ownership on arbitrarily occupied land.
Law of Georgia of 28 December 2007 No. 5673 - LHG I, No. 50, 29.12.2007, Art. 443
Law of Georgia of 23 October 2008 No. 386 - LHG I, No. 29, 04.11.2008, Art. 173
Law of Georgia of 5 December 2008 No. 614 - LHG I, No. 36, 12.12.2008, Art. 233
Law of Georgia of 25 December 2009 No. 2463 - LHG I, No. 50, 31.12.2009, Art. 404
Law of Georgia of 17 September 2010 No. 3596 - LHG I, No. 54, 12.10.2010, Art. 348
Law of Georgia of 7 December 2010 No. 3889 - LHG I, No. 67, 09.12.2010, Art. 417
Law of Georgia of 24 June 2011 No. 4966 - website, 11.07.2011
Law of Georgia of 20 September 2013 No. 1248 – website, 08.10.2013
Law of Georgia of 3 June 2016 No. 5157 - website, 17.06.2016
Law of Georgia of 11 December 2019 No. 5501 – website, 18.12.2019
Law of Georgia of 15 July 2020 No. 6953-rs – website, 28.07.2020
Law of Georgia of 17 December 2021 No. 1169 – website, 27.12.2021
Article 7. Transitional🔗
Provisions
Until 15 September 2007
of Georgia
President
shall develop
and
shall approve:
a) "Physical
and
private
law
legal
persons
existing in the possession (use) of
land
plots
ownership
right
recognition
rules";
b) ownership
right
certificate
form.
Article 7¹. Rule for the transfer into ownership of land arbitrarily occupied by households (families) living in rural areas of the Kobuleti and Khelvachauri municipalities of the Autonomous Republic of Adjara🔗
1. Households (families) living in rural areas of the Kobuleti and Khelvachauri municipalities of the Autonomous Republic of Adjara, to which land plots have not been transferred into ownership in accordance with the procedure established by the legislation of Georgia, shall, together with the land plots in their lawful possession, be transferred free of charge into ownership land plots of up to 0.30 hectares from the agricultural purpose land plots arbitrarily occupied before the entry into force of this Law.
2. The total area of the agricultural purpose land plot transferred free of charge in accordance with paragraph 1 of this Article and of the land plot provided for by subparagraph „c“ of Article 2 of this Law shall not exceed 1.25 hectares per natural person or household (members of the household) in the lowland, and 5 hectares in a highland settlement determined in accordance with the Law of Georgia “On the Development of Highland Regions”.
Law of Georgia of 28 December 2007 No. 5673 – LHG I, No. 50, 29.12.2007, Art. 443
Law of Georgia of 11 December 2019 No. 5501 – website, 18.12.2019
Article 7². Rule for the transfer into ownership of land arbitrarily occupied by households (families) settled in the territory of Tsalka Municipality🔗
1. Households (families) settled in the territory of Tsalka Municipality as of 1 June 2009, to which land plots have not been transferred into ownership within the boundaries of Tsalka Municipality in accordance with the procedure established by the legislation of Georgia and/or which have arbitrarily occupied agricultural purpose land plots in state ownership, shall, according to their place of residence, within the boundaries of the administrative unit, be transferred free of charge into ownership land plots of from 0.30 hectares to 1 hectare.
2. The total area of the land plot transferred free of charge in accordance with paragraph 1 of this Article and of the land plot provided for by subparagraph „c“ of Article 2 of this Law shall not exceed 1.25 hectares per natural person or household (members of the household) in the lowland, and 5 hectares in a highland settlement determined in accordance with the Law of Georgia “On the Development of Highland Regions”.
Law of Georgia of 21 March 2008 No. 5993 – LHG I, No. 6, 25.03.2008, Art. 26
Law of Georgia of 31 July 2009 No. 1565 – LHG I, No. 24, 13.08.2009, Art. 145
Law of Georgia of 11 December 2019 No. 5501 – website, 18.12.2019
Article 7³. Additional conditions for recognition of the right of ownership on land in the lawful possession (use) of a legal entity of private law🔗
1. From 1 July 2011, the fee for recognition of the right of ownership on land in the lawful possession (use) of a legal entity of private law shall be equal to the fee for recognition of the right of ownership on land arbitrarily occupied by a legal entity of private law.
2. It shall be inadmissible for a legal entity of private law to alienate or encumber with mortgage the immovable thing defined by this Article, as well as to levy execution for an obligation, within 6 months from the registration of the right of ownership by way of recognition of the right of ownership, except for the case provided for by paragraph 3 of this Article.
3. The removal of the restriction provided for by paragraph 2 of this Article may be effected by a decision of the relevant commission of the registering body, chaired by the chairperson of the Agency. The commission shall adopt a decision on the basis of an application of an interested person, taking into account state or public interest, as well as the functional purpose of this immovable thing.
Law of Georgia of 7 December 2010 No. 3889 - LHG I, No. 67, 09.12.2010, Art. 417
Article 7⁴. Time limit for recognition of the right of ownership on land in the lawful possession (use) of a legal entity of private law🔗
From 1 January 2012, a legal entity of private law loses the right to recognition of the right of ownership on land in its lawful possession (use), as well as on arbitrarily occupied land. After the said date, acquisition of the right of ownership is possible in accordance with the general rule established for the privatisation of state property.
Law of Georgia of 7 December 2010 No. 3889 - LHG I, No. 67, 09.12.2010, Art. 417
Article 7⁵. Normative acts to be adopted by the Government of Georgia🔗
1. The Government of Georgia shall adopt the following resolutions before 1 April 2014:
a) "On approval of the procedure for recognition of the right of ownership to land plots in the possession (use) of natural persons and legal entities of private law and of the form of the certificate of the right of ownership";
b) "On granting the status of recreational territory to the territories of resorts, resort areas, mountain-skiing centres and the Black Sea coast of Georgia and on approval of their boundaries";
c) "On the procedure for protection of main pipelines (oil, oil products, oil-associated and natural gas and their transformation products) and on establishment of their protection zones".
2. Before the adoption by the Government of Georgia of the normative acts provided for by paragraph 1 of this article, the following normative acts of the President of Georgia shall retain legal force:
a) Decree No. 525 of 15 September 2007 of the President of Georgia "On approval of the procedure for recognition of the right of ownership to land plots in the possession (use) of natural persons and legal entities of private law and of the form of the certificate of the right of ownership";
b) Decree No. 968 of 29 November 2005 of the President of Georgia "On granting the status of recreational territory to the territories of resorts, resort areas, mountain-skiing centres and the Black Sea coast of Georgia and on approval of the boundaries";
c) Decree No. 963 of 27 December 2009 of the President of Georgia "On the procedure for protection of main pipelines (oil, oil products, oil-associated and natural gas and their transformation products) and on establishment of their protection zones".
Law of Georgia No. 1248 of 20 September 2013 – website, 08.10.2013.
Article 7⁶. Succession of the commission for recognition of the right of ownership to arbitrarily occupied land🔗
1. The commission for recognition of the right of ownership to arbitrarily occupied land established under the executive body of a municipality (in the municipality of the city of Tbilisi − under the Mayor of the city of Tbilisi) is the successor of the commission for recognition of the right of ownership to arbitrarily occupied land existing under the representative body of the respective municipality before this article entered into force.
2. The commissions for recognition of the right of ownership to arbitrarily occupied land established under the executive body of municipalities (in the municipality of the city of Tbilisi − under the Mayor of the city of Tbilisi) shall continue and/or complete administrative proceedings on applications submitted in accordance with the procedure existing before this article entered into force, in accordance with the procedure existing before this article entered into force, unless otherwise provided by this law.
Law of Georgia No. 5157 of 3 June 2016 - website, 17.06.2016.
Article 7⁷. Sending to the authorized body of applications submitted to the commissions for recognition of the right of ownership on arbitrarily occupied land🔗
Within 10 working days from the start of systematic registration, the commissions for recognition of the right of ownership on arbitrarily occupied land established under the executive bodies of municipalities (in Tbilisi City Municipality — under the Mayor of Tbilisi City) shall send to the Agency for consideration the applications submitted to them containing a request for recognition of the right of ownership on arbitrarily occupied land plots located in the relevant geographic area(s), on which the relevant commission has not adopted a final decision.
Law of Georgia of 11 December 2019 No. 5501 – website, 18.12.2019.
Article 7⁸. Exemption from the fee for recognition of the right of ownership on arbitrarily occupied land within the territory of Tbilisi City Municipality from 1 January 2022 to 1 January 2026🔗
From 1 January 2022 to 1 January 2026, administrative proceedings pending before the commission for recognition of the right of ownership on arbitrarily occupied land under the Mayor of Tbilisi City, on an application submitted in accordance with the procedure established for sporadic registration provided for by the Law of Georgia "On the Rules for Systematic and Sporadic Registration of Rights on Land Plots and on the Improvement of Cadastral Data", which is not related to a land plot located in the geographic area of systematic registration, shall be completed without payment of the fee for recognition of the right of ownership, in accordance with the procedure established before 1 January 2022.
Law of Georgia of 12 November 2025 No. 1051 – website, 14.11.2025.
Article 7⁹. Recognition of the right of ownership over arbitrarily occupied land in the municipalities of Georgia (except self-governing cities) within the framework of sporadic registration🔗
1. Until 1 January 2027, within the framework of sporadic registration provided for by the Law of Georgia “On the Rules for Systematic and Sporadic Registration of Rights to Land Plots and the Improvement of Cadastral Data”, the body authorised to recognise the right of ownership over arbitrarily occupied land in the municipalities of Georgia (except self-governing cities) is the Agency. The Agency shall exercise this authority in accordance with the procedure and conditions established by the Law of Georgia “On the Rules for Systematic and Sporadic Registration of Rights to Land Plots and the Improvement of Cadastral Data”.
2. Until 1 January 2027, in the municipalities of Georgia (except self-governing cities), the powers established by this Law of the commission for the recognition of the right of ownership over arbitrarily occupied land existing under the executive body of the respective municipality shall be suspended.
3. Until 1 January 2027, in the municipalities of Georgia (except self-governing cities), the fee for the recognition by the Agency of the right of ownership over an arbitrarily occupied land plot, on the basis of an application submitted in accordance with the procedure established for sporadic registration, shall be determined by a Resolution of the Government of Georgia. The said fee shall not exceed double the highest rate of the fee for services rendered by the Agency in force until 3 December 2025.
Law of Georgia of 17 December 2025 No. 1328 – website, 22.12.2025.
Article 8. Invalid🔗
Upon the entry into force of the Decree of the President of Georgia on the approval of the “Rules for the Recognition of the Right of Ownership over Land Plots in the Possession (Use) of Natural Persons and Legal Entities of Private Law”, the Law of Georgia “On the Declaration as Private Property of Non-Agricultural Land in the Use of Natural Persons and Legal Entities of Private Law” (Legislative Herald of Georgia, No. 4, 1998, Art. 33) shall be declared invalid.
Article 9. Final provisions🔗
1. This Law, except for Articles 1–6 and 8, shall enter into force upon publication.
2. Articles 1–6 and 8 of this Law shall enter into force upon the entry into force of the Decree of the President of Georgia on the approval of the “Rules for the Recognition of the Right of Ownership over Land Plots in the Possession (Use) of Natural Persons and Legal Entities of Private Law”.
President of Georgia M. Saakashvili
Tbilisi, 11 July 2007
No. 5274–rs