On Cultural Heritage

Law of Georgia

On Cultural Heritage

Article 1. Purpose of the Law🔗

The purpose of this Law is the protection of the cultural heritage of Georgia and the regulation of legal relations arising in this field.

Article 2. Scope of Application of the Law🔗

1. This Law applies to cultural heritage located throughout the territory of Georgia.

2. Georgia takes care of the protection of Georgian cultural heritage located abroad.

3. The procedure for the export from Georgia and import into Georgia of cultural heritage and cultural valuables, as well as for the regulation of professional activity in the field of cultural heritage, shall be determined by a separate legislative act.

Article 3. Terms used in this Law🔗

The terms used in this Law have the following meaning:

a) authenticity – the originality of an object, its structural element, environment, context, function and/or properties, the contemporaneity of their creation or formation;

b) archaeological object – a remain partially or fully buried or submerged under water 100 or more years ago, a cultural layer created by human or as a result of human impact on nature, or which bears traces of human impact;

c) archaeological works – scientific activity aimed at the detection and study of archaeological objects; the full cycle of investigation, excavation, restoration-conservation and scientific study of an archaeological object;

d) archaeological survey – visual or test-trench determination of the existence of an archaeological object, its stratigraphy and chronology;

e) archaeological excavation – land or underwater works carried out for the purpose of detection and scientific study of archaeological objects;

f) rescue inventory – a set of measures carried out for the purpose of identifying immovable objects of cultural heritage and searching for information about these objects and their environment;

g) historical built-up area – a built-up area formed 100 or more years ago, possessing historical-cultural value;

h) historically formed environment – the totality of artistic-architectural, spatial, landscape or socio-economic contexts formed 100 or more years ago;

i) monument of cultural heritage (monument):

i.a) an immovable or movable object of cultural heritage (an immovable or movable thing as defined by the Civil Code of Georgia), to which the status of monument has been granted in accordance with the procedure established by this Law;

i.b) complex monument – a totality of physically, functionally, historically or territorially connected cultural heritage objects, which is a topographically identifiable unit and to which the status of monument has been granted in accordance with the procedure established by this Law;

j) protection zone of cultural heritage (protection zone) – a territory defined in accordance with the procedure established by this Law around immovable cultural heritage objects and/or in the area of their distribution or influence, within which a special regime of exploitation applies and whose purpose is to protect the cultural heritage existing within its boundaries from undesirable influence;

k) cultural heritage:

k.a) material – any kind of architectural, art, urban planning, rural, archaeological, anthropological, ethnographic, monumental, technical development-related immovable or movable objects, documentary materials, created by human or as a result of human impact on nature, having artistic, aesthetic, historical, memorial value, as well as gardens, parks, landscape architecture objects, historical settlements, historically formed environment, connected with the country's history, development, folklore, beliefs and traditions, with a previously or currently existing civilization;

k.b) intangible – traditions of orality and forms of expression, including language as a carrier of material cultural heritage, performing arts, customs, practices, knowledge and skills related to traditional art, as well as instruments, objects, artifacts and cultural spaces related to them, which are recognized by society, groups and, in some cases, individuals as part of their cultural heritage;

l) protection of cultural heritage – a set of legal, scientific-research, rehabilitation, informational and educational measures, the purpose of which is the preservation of cultural heritage in its full diversity and the ensuring of its sustainable development;

m) cultural value – an immovable or movable thing created as a result of a creative process, with any material and means, in any historical epoch, which has artistic, aesthetic, ethnological, archaeological, historical, religious, memorial, scientific, technical, technological value;

n) cultural layer – layers of earth or a territory covered by water (bottom), which bears traces of human life and activity;

o) urban fabric – a set of urban planning structures, including the street network, squares, gardens, buildings, yards or engineering communications;

p) movable fragment of an immovable monument – an essential part that in the past or currently constitutes an immovable monument, which is separated from the monument and is recognized by this law as a separate object of right, or the separation of which, proceeding from the interests of the immovable monument, is possible without damaging the monument;

q) territory of an immovable monument – the land plot attached to the immovable monument in accordance with the procedure established by the legislation of Georgia, and in the absence thereof – the territory directly occupied by the immovable monument;

r) relocation of an immovable monument – change of the location of an immovable monument without changing its main characteristics, by dismantling the monument and restoring it in its original form or by otherwise moving it;

r¹) alteration of an immovable monument – alteration of the monument, such as a change of volume, which may be permissible only if it does not diminish or overshadow the historical and cultural value of the monument, or does not hinder its proper interpretation and appreciation;

s) background development – an organic part of development which forms the artistic-architectural context of monuments, promotes the preservation and presentation of the dominant role of monuments;

t) recultivation – after the completion of archaeological works, re-covering with a layer of soil for the purpose of conservation of the studied object (territory) and/or restoration of the environment to its original form;

u) clearing of a monument – removal of organic or inorganic coating, layers or additions formed or accumulated on the monument over time as a result of natural or artificial impact, without making changes to the monument (in the case of an immovable monument – also removal of the existing ground surface);

v) adaptation of a monument – making such changes to a monument as are conditioned by the interest of its rehabilitation, as well as of a permissible change of function, which do not cause a reduction of the artistic-aesthetic, historical and other significance of the monument and are methodologically justified;

w) conservation of a monument – a set of measures carried out for the purpose of maintaining the existing condition of the monument and protecting it from destruction or irreversible changes. Preventive conservation may also be carried out on the monument, the purpose of which is only to take primary, urgent, temporary measures before the rehabilitation of the monument. The methodology used in preventive conservation must provide for the possibility of removing the materials and means used without damaging the monument;

x) maintenance of a monument – a set of measures carried out in the manner established by the legislation of Georgia, including by this Law, for the purpose of protecting the monument (in the case of an immovable monument – also its territory) from damage and destruction and preserving its historical-cultural value;

y) restoration of a monument – restoration of damaged fragments of a monument to their original form within the limits of the surviving authentic material and elements, using technologies contemporaneous with its creation or modern technologies;

z) reconstruction of a monument – based on detailed scientific research and precise measurements, using new or old material or a combination thereof, re-building, in whole or in part, a monument or its fragment that has been destroyed or dismantled, in its original form;

aa) restoration of a monument to its original form – giving the monument, by way of restoration or reconstruction (including removal of later additions), the form it had at the moment of its creation;

bb) status of a monument – the legal condition of an object which entails the extension to it of the regime established in respect of monuments by the legislation of Georgia;

cc) damage to a monument – such change to a monument or its part or to the territory of an immovable monument as worsens its physical condition or infringes its characteristics and reduces its cultural, aesthetic, scientific or material value;

cc¹) discriminatory damage to a monument – such change to a monument or its part or to the territory of an immovable monument on a discriminatory ground as worsens its physical condition or infringes its characteristics and reduces its cultural, aesthetic, scientific or material value;

dd) Destruction of a monument – annihilation of a monument or such impact on a monument or its part as deprives the monument of the characteristics for which it was granted the status of a monument;

dd¹) Discriminatory destruction of a monument – annihilation of a monument on discriminatory grounds or such impact on a monument or its part as deprives the monument of the characteristics for which it was granted the status of a monument;

ee) Reconnaissance of a monument – activity carried out with the aim of obtaining information about a monument, by the relevant methodology, through physical intervention in it or by means of visual study.

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 16 November 2021 No. 1020 – website, 25.11.2021

Article 4. Bodies for the Protection of Cultural Heritage🔗

1. State protection of cultural heritage shall be carried out, within the scope of the powers determined by the legislation of Georgia, by the Ministry of Culture of Georgia (hereinafter – the Ministry), the Ministry of Justice of Georgia, municipal bodies, as well as other state bodies, legal entities of public law and legal entities of private law, and in the territories of the Autonomous Republics of Abkhazia and Adjara – by the respective bodies of the Autonomous Republics of Abkhazia and Adjara.

2. In the field of protection of cultural heritage, state and municipal bodies shall exercise their powers in accordance with the norms established by Articles 7, 8 and 9 of the Constitutional Agreement "between the State of Georgia and the Georgian Apostolic Autocephalous Orthodox Church".

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Law of Georgia of 7 December 2017 No. 1628 – website, 14.12.2017

Law of Georgia of 5 July 2018 No. 3043 – website, 11.07.2018

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020

Law of Georgia of 16 March 2021 No. 375 – website, 18.03.2021

Law of Georgia of 30 November 2023 No. 3861 – website, 15.12.2023

Law of Georgia of 12 December 2024 No. 101 – website, 28.12.2024

Article 5. Powers of the Ministry in the field of cultural heritage🔗

1. Within the scope of the powers determined by the legislation of Georgia, the Ministry:

a) supervises the protection of cultural heritage, develops and directs the state policy for the protection and development of cultural heritage;

b) develops and issues normative and individual legal acts in the field of protection of cultural heritage;

c) directs and coordinates, throughout the entire territory of Georgia, the identification, protection and popularisation of cultural heritage and the systematic inspection of its condition;

d) ensures the expert examination and state registration of identified cultural heritage, and establishes the relevant rules;

e) supervises works carried out on monuments and archaeological works and creates commissions for the acceptance of works;

f) controls the export of cultural heritage abroad, unless otherwise provided by law;

g) ensures inventory coverage of historical areas, develops draft normative acts regulating cultural heritage protection zones and the activities to be carried out within their boundaries, and submits them for approval to the relevant state body in the manner established by the legislation of Georgia;

h) creates a unified information system and database of cultural heritage;

i) develops and implements targeted and state programmes for the identification, protection and popularisation of cultural heritage, and carries out state procurements;

[ i) develops and implements targeted and state programmes for the identification, protection and popularisation of cultural heritage, and carries out public procurements; (shall enter into force from 1 January 2027)]

j) in the manner established by the legislation of Georgia, together with the relevant state bodies, suspends all types of activity that may pose a threat to cultural heritage;

k) cooperates with other state bodies and legal entities of public and private law in the field of protection of cultural heritage for the purpose of identifying administrative offences, responding to them and preventing offences, and, within the scope of its competence, draws up the relevant protocols on administrative offences;

k¹) participates in the environmental impact assessment procedure provided for by the Code of Environmental Assessment and submits the relevant conclusion;

[k¹) participates in the environmental impact assessment procedure provided for by the Code of Environmental Assessment, as well as in the administrative proceedings initiated for the purpose of issuing an integrated environmental permit provided for by the Law of Georgia “On Industrial Emissions”, and submits the relevant conclusion; (shall enter into force from 1 September 2026) ]

l) carries out the identification, documentary (audio, video, written) fixation, preservation and protection of intangible cultural heritage;

m) during hostilities and a state of emergency, in accordance with the norms of international law, takes care of the protection of cultural heritage;

m¹) ensures, in accordance with the norms of international law, on the occupied territories defined by the Law of Georgia “On Occupied Territories”, protection of cultural heritage from discriminatory damage and destruction;

n) performs other functions defined by the legislation of Georgia.

2. The Minister of Culture of Georgia (hereinafter – the Minister) is entitled to transfer, by a legal act, the authority to issue individual legal acts defined by this Law and falling within the competence of the Ministry to its territorial body, as well as to a structural unit.

3. The Minister is entitled, in accordance with the procedure established by the legislation of Georgia, to transfer, on the basis of an administrative contract, the authority to issue the acts defined by paragraph 2 of this Article to a legal entity of public law within the sphere of governance of the Ministry. The scope, procedure and conditions of exercise of the authorities delegated to other administrative bodies in the field of protection of cultural heritage shall be determined by the respective administrative contract.

4. In accordance with the procedure established by the legislation of Georgia, an advisory body of the Minister – the Council for the Protection of Cultural Heritage (hereinafter – the Council) – shall be established within the Ministry.

5. The Council shall be composed of experts in the field and public figures. The rules of activity and competence of the Council shall be determined by the Council's statute, which shall be approved by the Minister.

6. The Council shall consider:

a) matters of granting and removing the status of a monument, as well as determining and changing the category of a monument;

b) scientific-methodological matters of works to be carried out on a monument and other objects of cultural heritage;

c) drafts of urban planning documentation defined by the legislation of Georgia, matters of granting and removing the status of historical settlements;

d) matters of establishing protection zones of cultural heritage and issuing, within their framework, administrative-legal acts falling within the competence of the Ministry;

e) matters of nominating monuments for inclusion in the World Heritage List (hereinafter – the World Heritage List) created by the 1972 Convention “Concerning the Protection of the World Cultural and Natural Heritage”;

f) state projects and programmes to be implemented in the field of cultural heritage;

g) other matters falling within its competence under the Council's statute.

7. The decisions of the Council are of a recommendatory nature for the Minister.

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Law of Georgia of 1 June 2017 No. 906 – website, 21.06.2017

Law of Georgia of 7 December 2017 No. 1628 – website, 14.12.2017

Law of Georgia of 5 July 2018 No. 3043 – website, 11.07.2018

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020

Law of Georgia of 16 March 2021 No. 375 – website, 18.03.2021

Law of Georgia of 16 November 2021 No. 1020 – website, 25.11.2021

Law of Georgia of 9 February 2023 No. 2560 – website, 27.02.2023.

Law of Georgia of 29 June 2023 No. 3390 – website, 30.06.2023.

Law of Georgia of 30 November 2023 No. 3861 – website, 15.12.2023.

Law of Georgia of 5 September 2024 No. 4408 – website, 23.09.2024.

Law of Georgia of 12 December 2024 No. 101 – website, 28.12.2024.

Article 6. Powers of the Ministry of Justice of Georgia in the field of protection of cultural heritage🔗

1. Within the powers determined by the legislation of Georgia, the Ministry of Justice of Georgia (a legal entity of public law within its area of governance – the National Archives of Georgia):

a) in accordance with the procedure established by this Law and the Law of Georgia "On the National Archival Fund and the National Archives", ensures the identification and description of documents containing cultural heritage and related information held in the National Archival Fund, is responsible for their care and maintenance, and ensures that rehabilitation works are carried out on them;

b) provides the Ministry with information about the identified cultural heritage and other information related to cultural heritage;

c) within its competence, cooperates with other state bodies, legal entities of public and private law in the field of protection of cultural heritage.

2. Other functions of the Ministry of Justice of Georgia and the bodies within its area of governance in the field of protection of cultural heritage shall be determined by the Law of Georgia "On the National Archival Fund and the National Archives" and other legal acts.

Article 7. Powers of the Autonomous Republics of Abkhazia and Adjara in the field of protection of cultural heritage🔗

The respective bodies of the Autonomous Republics of Abkhazia and Adjara, within the powers determined by the legislation of Georgia:

a) in accordance with the procedure established by this Law, ensure the identification and description of the cultural heritage located in their territories and the systematic inspection of its condition, and take care of its maintenance, study and rehabilitation;

b) provide the Ministry with information on the discovery and identification of cultural heritage and its condition;

c) for the purpose of information and technical support in the field of cultural heritage, cooperate with the Ministry, other state bodies and legal entities of public and private law;

d) carry out other activities determined by the legislation of Georgia in the field of cultural heritage.

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020.

Article 7¹. Own powers of a municipality in the field of protection of cultural heritage🔗

1. In accordance with subparagraph „s“ of paragraph 2 of Article 16 of the Organic Law of Georgia „Local Self-Government Code“, for the purpose of protection of cultural heritage, the municipality ensures the maintenance, reconstruction and rehabilitation of the cultural heritage monuments located on the territory of the municipality as defined by paragraph 2 of this Article.

2. When exercising their powers, the municipal bodies, in the event of discovery or identification of cultural heritage, shall be obliged to provide the relevant information to the Ministry.

Law of Georgia of 15 July 2020 No. 6908 – website, 28 July 2020.

Article 8. Museum-reserve🔗

1. A museum-reserve is a legal entity of public law, which is founded by a Resolution of the Government of Georgia, on the basis of a submission of the Ministry, and on the administrative territory of the Autonomous Republic of Ajara – also on the basis of a submission of the Government of the Autonomous Republic of Ajara. Monuments wholly or partially in state ownership, as well as archaeological objects and other property, shall be transferred to the museum-reserve in accordance with the procedure established by the legislation of Georgia. State control over the museum-reserve shall be exercised by the body determined by the Resolution of the Government of Georgia on the founding of the museum-reserve.

2. The aim of the museum-reserve is the protection, exhibition, popularization and scientific-research activity of the immovable and movable objects of cultural heritage in its ownership or use.

3. By a Resolution of the Government of Georgia, an area of operation may be determined for the museum-reserve, within which it carries out systematic inspection of the condition of monuments and other objects of cultural heritage and other scientific-research activity.

4. Other issues related to the activity of the museum-reserve shall be determined by the legislation of Georgia, including by this Law and the statute of the museum-reserve.

5. The types of museum-reserve are:

a) architectural;

b) archaeological (archaeological park);

c) ethnographic;

d) historical.

6. A museum-reserve may also be complex – simultaneously being several types defined by paragraph 5 of this Article.

Law of Georgia of 20 December 2011 No. 5553 – website, 28 December 2011.

Law of Georgia of 25 September 2013 No. 1330 – website, 8 October 2013.

Article 9. Rights and obligations of natural and legal persons in the field of protection of cultural heritage🔗

1. Natural and legal persons shall be obliged to:

a) protect and take care of cultural heritage;

b) immediately provide the Ministry, other state bodies for the protection of cultural heritage, and municipalities with information on the discovery or identification of cultural heritage or on the existence of circumstances posing a threat to cultural heritage;

c) assist the museum-reserve in inspecting, in the relevant area of operation, the condition of cultural heritage located in its ownership or use.

2. Other obligations and rights of natural and legal persons in the field of protection of cultural heritage shall be determined by the legislation of Georgia.

Law of Georgia of 15 July 2020 No. 6908 – website, 28 July 2020.

Article 10. Regime of primary (temporary) protection of identified or discovered cultural heritage🔗

1. If a natural or legal person identifies or discovers cultural heritage, or has reasonable grounds to assume this, during an activity the continuation of which may damage, destroy or pose a threat to it, the person carrying out the activity shall be obliged to immediately stop the said activity and to notify the Ministry in writing, no later than 7 days, of the identification or discovery of the cultural heritage or the existence of reasonable grounds to assume this and of the cessation of the activity.

2. The Ministry shall be obliged, no later than 2 weeks after receiving the information, to verify the fact of the identification (discovery) of the cultural heritage and to notify the interested person in writing of the result. If the Ministry misses the said time limit, the person shall be entitled to continue the stopped activity.

3. If appropriate grounds exist, the Minister shall, in accordance with the procedure established by this Law, ensure the state registration of the identified (discovered) cultural heritage, of which the Ministry shall immediately notify the interested person, as well as the municipality.

4. If cultural heritage is identified as a result of archaeological works, the time limit of the administrative proceedings provided for by paragraph 2 of this Article shall be counted from the completion of the works provided for by the relevant permit.

5. The principles and rules established with respect to a monument by Articles 22, 23 and 25 of this Law shall apply to cultural heritage registered and protected in the state museums and museum-reserves of Georgia.

Law of Georgia of 15 July 2020 No. 6908 – website, 28 July 2020.

Article 11. Types of archaeological works🔗

On an archaeological object, only the archaeological works or works to be carried out on a monument defined by this Law may be conducted. The types of archaeological works are:

a) field archaeological works – search for an archaeological object, arrangement of exploratory trenches, excavation, recording, primary identification expertise and conservation;

b) laboratory archaeological works – scientific description of an archaeological find, restoration, conservation, photographic and graphic recording, multidisciplinary research, historical interpretation and preparation for publication.

Article 12. Condition for carrying out archaeological excavation🔗

1. For the purpose of preserving archaeological heritage in situ and its study by future generations with better technologies, excavation of an archaeological object shall be permissible only if this is necessary for resolving scientific issues or if archaeological heritage is threatened with damage or destruction by construction, agricultural, industrial and other types of activity or as a result of natural processes.

2. After completion of archaeological works, it shall be inadmissible to abandon an excavated archaeological object and archaeological find without conservation or recultivation, while archaeological objects and archaeological material revealed in the course of the works shall be duly protected by the producer of the works (the holder of the relevant permit) from damage, destruction and loss, as well as from environmental conditions and other undesirable impacts.

3. If in the course of archaeological works a thing (things) of high material value is revealed, and at the same time, due to methodological, climatic, technical or other conditions, its (their) immediate removal and transportation to a safe place cannot be effected, the producer of the works shall be obliged to immediately apply to the relevant territorial body of the Ministry of Internal Affairs of Georgia. This body shall be responsible for the protection of this thing (things) until its (their) transportation to a safe place.

4. Movable archaeological find shall, as a rule, be kept in the nearest museum-reserve, museum or other relevant scientific institution.

Article 13. Removal (dismantling) of an immovable archaeological object🔗

Removal (dismantling) of an immovable archaeological object shall be permissible only in agreement with the Ministry, in the case where the object has been excavated and fully studied and there is no sufficient ground for granting it the status of a monument.

Article 14. Necessary Conditions for Carrying Out Large-Scale Land Works🔗

1. Throughout the entire territory of Georgia, a decision on quarry development and extraction of minerals, as well as on the construction of an object of special importance established by the legislation of Georgia, shall be taken by the body determined by the legislation of Georgia on the basis of a positive conclusion of the Ministry.

2. The basis for the Ministry's conclusion defined by paragraph 1 of this article is archaeological research of the relevant territory, the conduct of which shall be ensured by the person interested in carrying out land works.

3. The person interested in carrying out land works shall be obliged to submit to the Ministry documentation on the archaeological research of the territory. The research shall be carried out in the following directions:

a) historical-bibliographic and archival research – search for and analysis of museum and archival materials (historical maps and general plans, historical cadastral and building plans), historical-bibliographic research with reference to relevant sources, search for and deciphering of photographic materials, space and aerial photographic materials of the territory under study preserved in archives, analysis of materials of photographic fixation of their current condition and of their relation to archival data;

b) field-research and preliminary cameral works: layout scheme of reconnaissance test pits and outlined drawings (scale 1:25, 1:20), showing stratigraphy.

4. In the event of discovery of an archaeological object on the territory under study, the final part of the archaeological research shall include:

a) complete field study of archaeological layers and objects discovered on the territory under study using modern methodology, planning of the area to be excavated, layout scheme of archaeological objects discovered during archaeological research and measurements of individual objects, stratigraphic sections of discovered structures and cultural layers, report on the results of field archaeological research, determination of the nature and dating of discovered archaeological layers and objects, their photographic and graphic fixation, analytical processing of material obtained as a result of the research and formulation of conclusions, preparation of the textual part, preparation of appropriate illustrations;

b) recommendations developed on the basis of archaeological research on the issue of conservation of discovered objects and on the planning decision for construction on the project territory.

Article 15. Granting the status of a cultural heritage monument to an object🔗

1. The basis for granting an object the status of a cultural heritage monument is its historical or cultural value, related to its antiquity, uniqueness or authenticity.

2. Where the basis indicated in the first paragraph of this article exists, the status of a monument may also be granted to a collection of physically, functionally, historically or territorially related cultural heritage objects, which is a topographically identifiable unit. In this case, the respective rules established by this Law with respect to immovable and movable monuments shall apply to its immovable and movable parts.

3. An object shall be granted the status of a cultural heritage monument on the basis of the respective conclusion of the Council, by an individual administrative-legal act of the Minister, and within the administrative boundaries of the Tbilisi Municipality — on the basis of the respective conclusion of the Council, upon the submission of the Ministry, by an ordinance of the Government of Georgia.

4. If it is impossible to fully determine the nature of the object, as well as when the data related to its historical or cultural value requires verification or additional study, the Minister is nevertheless entitled to enter the object in the list of cultural heritage objects. From this moment, the legal regime established by Chapters VI and IX of this Law with respect to a monument shall apply to it.

5. An object may be entered in the list of cultural heritage objects for a period of 6 months. This period may be extended only once, by not more than 6 months.

6. The Ministry, in order to take a decision on granting the status of a monument to an object entered in the list of cultural heritage objects, to determine its type, significance, condition, historical or cultural value and category, and to receive the respective conclusion, shall submit data on the object to the Council.

7. If, as a result of appropriate studies, it is established that the grounds defined by this Law for granting the status of a monument to an object entered in the list of cultural heritage objects do not exist, on the basis of the conclusion of the Council the Minister is entitled to remove the object from the list of cultural heritage objects before the expiry of the period established by paragraph 5 of this article.

8. An individual administrative-legal act of the Minister on entering an object in the list of cultural heritage objects or removing it from the list, as well as on granting or removing the status of a monument to an object, shall enter into force from the moment of publication in the manner established by the legislation of Georgia.

9. Data on granting or removing the status of a monument to a cultural heritage object shall be reflected in the state register of monuments and on the Ministry's website within 1 month from the entry into force of the respective legal act.

Law of Georgia of 21 November 2008 No. 528 - LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020

Article 16. State registration and registration documentation of cultural heritage objects🔗

1. For the purposes of registration and identification of immovable and movable objects of cultural heritage, the State Register of Monuments, the List of Cultural Heritage Objects, a registration card and a monument passport shall be created. For the purposes of registration and identification of objects of intangible cultural heritage, the List of Intangible Cultural Heritage Objects and the State Register shall be created.

2. The State Register of Monuments and the List of Cultural Heritage Objects shall be maintained by the Ministry.

3. A registration card is a document containing general information necessary for the identification of a monument or of an object entered in the List of Cultural Heritage Objects.

4. After an object of cultural heritage is entered in the State Register of Monuments, the Ministry shall be entitled to draw up a monument passport. A monument passport is a document approved by a legal act of the Minister, which contains scientific-research information related to the monument.

5. In the event of the study of new information or of a change of circumstances, the registration documentation shall be updated.

6. The forms of registration documentation and the procedure for completing them shall be determined by a normative act of the Minister.

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 26 October 2010 No. 3740 – LHG I, No. 62, 05.11.2010, Art. 380

Article 17. Removal of monument status from a monument🔗

Removal of monument status from a monument shall be possible only on the basis of a relevant conclusion of the Council, by an individual administrative-legal act of the Minister, and within the administrative boundaries of the municipality of the city of Tbilisi − on the basis of a relevant conclusion of the Council, upon the submission of the Ministry, by an ordinance of the Government of Georgia, in the event that the monument was destroyed or was damaged in such a way that it lost its historical or cultural value, the restoration of which is impossible, or, by scientific (methodological) criteria, lost the main characteristic for which it was granted monument status.

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020

Article 18. Category of a monument🔗

1. On the basis of an application of the Ministry, a monument may be assigned the category of national significance by a Resolution of the Government of Georgia, if it has outstanding artistic or aesthetic value or if it is connected with a most important historical event, person, stage of development of the nation and outstanding general national values.

2. An immovable monument of national significance shall be nominated by the Prime Minister of Georgia for inclusion in the World Heritage List on the basis of an application of the Minister or on his/her own initiative.

Law of Georgia of 25 September 2013 No. 1330 – website, 08.10.2013

Article 19. Classification of a monument🔗

1. Classification of a monument into types shall be carried out according to its typology, historical, cultural, artistic, aesthetic, memorial, spiritual, scientific and other values.

2. The types of a monument are:

a) archaeological;

b) architectural;

c) engineering;

d) urban planning (urban);

e) garden-park art and landscape architecture;

f) palaeographic;

g) monumental fine art;

h) memorial;

i) ethnographic;

j) fine art;

k) documentary;

l) related to the development of science, technology or industry.

3. The type of a monument shall be determined by scientific criteria developed in the relevant field.

Article 20. Marking of an immovable monument🔗

An immovable monument shall be marked with an annotation plaque, the form and rules of use of which shall be established by order of the Minister.

Article 21. Consideration of immovable monuments in the land cadastre and urban planning documentation🔗

Consideration of immovable monuments and their territories in the land cadastre and in the urban planning documentation determined by the legislation of Georgia shall be mandatory.

Article 21¹. (removed)🔗

Law of Georgia of 21 November 2008 No. 528 - LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013.

Article 21². (removed)🔗

Law of Georgia of 21 November 2008 No. 528 - LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013.

Article 21³. (removed)🔗

Law of Georgia of 21 November 2008 No. 528 - LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013.

Article 21⁴. (removed)🔗

Law of Georgia of 21 November 2008 No. 528 - LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013.

Article 21⁵. (removed)🔗

Law of Georgia of 21 November 2008 No. 528 - LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013.

Article 21⁶. (removed)🔗

Law of Georgia of 21 November 2008 No. 528 - LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013.

Article 22. Basic principle of protection of a monument🔗

The basic principle of protection of a monument is the preservation of those properties and characteristics, and in the case of an immovable monument – also of that environment, which (which) determine its historical, cultural, memorial, ethnological, artistic, aesthetic, scientific or other value.

Article 23. Permissible use of a monument🔗

Only such use of a monument shall be permissible as does not damage it or create a threat thereof, does not reduce its cultural or historical value, does not cause changes to its authentic elements, and does not worsen its perception.

Article 24. Prohibition of arbitrary works on a monument🔗

It is prohibited to carry out any works on a monument without the relevant permit established by the legislation of Georgia, including by this Law.

Article 25. Types and forms of works to be carried out on a monument🔗

1. Works to be carried out on a monument are divided into the following types:

a) research works – scientific-research and practical works aimed at finding information related to the monument, including determining its condition, damages and the causes thereof, and developing recommendations on rehabilitation measures;

b) rehabilitation works – a set of works carried out for the purpose of improving the condition of the monument, performed in accordance with the procedure established by the legislation of Georgia, including by this Law.

2. On an immovable monument, for the purpose of its research or rehabilitation, the following forms of works may be carried out:

a) reconnaissance;

b) cleaning;

c) conservation;

d) restoration;

e) reconstruction;

f) adaptation;

g) alteration of an immovable monument.

3. On a movable monument, for the purpose of its research or rehabilitation, the following forms of works may be carried out:

a) reconnaissance;

b) cleaning;

c) conservation;

d) restoration.

4. On an archaeological monument or on a buried fragment of another type of monument, for the purpose of research or rehabilitation, archaeological works may also be carried out.

5. On an archaeological monument, within the scope of archaeological works, the conservation, cleaning and restoration works defined by this Law in respect of a monument may also be carried out.

6. Restoration of lost forms, fragments and elements of a monument is possible only within the scope of restoration or reconstruction of the monument, in the case of full identification of the forms, fragments and elements to be restored, on the basis of design documentation based on precise scientific data. Disregard of documentary material and scientific research is inadmissible.

7. On an object included in the list of cultural heritage objects, for the purpose of conducting a full expertise on it, as well as preventing possible damage to or destruction of elements of the object of historical or cultural value that have not yet been revealed, it is possible to carry out only reconnaissance, cleaning, archaeological and preventive conservation works.

8. The methodology and procedure for carrying out works on a monument shall be established by a normative act of the Minister.

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Article 26. Dismantling, Alteration, Relocation, Partitioning of a Monument🔗

1. Dismantling of an immovable monument or part thereof shall be permissible only within the scope of works (reconstruction) permitted on the monument by this Law and subject to restoration of the monument, if this is required by the interests of the monument or if the existing condition of the monument poses a threat to human life or health and there is no other possibility of averting this threat.

2. Alteration of an immovable monument or part thereof shall be permissible only on the basis of the interests of adapting the monument, if this does not cause damage to the monument or a reduction of its historical-cultural value.

3. Relocation of an immovable monument or part thereof shall be permissible only if:

a) as a result of force majeure there is a threat of irreparable damage to or destruction of the monument;

b) there is an increased public interest in its relocation, except for monuments of national importance.

4. Relocation of an immovable monument shall be permissible only in an environment as similar as possible to the original environment, by way of its reconstruction using authentic material, subject to restoration in its original form.

5. An immovable monument retains the status of a monument during and after its relocation.

6. Alteration or partitioning of a movable monument is prohibited, except where this is necessary for the preservation or rehabilitation of the monument.

7. (Deleted – 06.09.2013, No. 1075).

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Article 27. Conservation Plan for a Complex Monument🔗

1. For the purpose of protecting a complex monument, regulating rehabilitation works thereon, and ensuring the use and development of the monument, the Ministry is entitled to develop a conservation plan for the complex monument (hereinafter – the conservation plan), which is a single guiding document for the rehabilitation and development of the monument.

2. The conservation plan is a normative act of the Minister, which includes scientific-methodological and practical instructions for the works to be carried out on the monument, determines the list and scope of permissible or recommended works on each object constituting the complex monument, indicating the sequence of their performance, establishes the main regulations for the study, rehabilitation and development of the monument, and the individual rules for its maintenance and use.

3. Consideration of the requirements of the conservation plan is mandatory when adopting legal acts related to the monument.

Article 28. Rights and obligations of the owner (lawful user) of a monument🔗

1. The owner (lawful user) of a monument shall be obliged to:

a) in accordance with the form approved by the Ministry, within 1 month from receipt of the notification of the Ministry/municipality, submit to the Ministry/municipality information on the current condition of the monument and conclude with the Ministry/municipality a contract for the care and maintenance of the monument, which shall ensure protection of the monument from damage and destruction and preservation of the historical and cultural value of the monument;

b) immediately notify the Ministry/municipality of changes in the condition of the monument, the conditions of its storage or the environment;

c) assist the relevant competent authorities and specialists in inspecting the monument and studying its condition, and, at their request, provide the information at their disposal about the monument, unless it is a state, commercial or other secret established by law;

d) not allow any arbitrary interference with the monument, including the alteration, partitioning, dismantling or addition of parts or fragments of the monument;

e) in the event of alienation of the monument, notify the Ministry/municipality in advance, and provide the acquirer of the monument in advance with information on the status of the monument;

f) ensure public access to the monument in accordance with the procedure established by the legislation of Georgia;

g) perform other obligations defined by the legislation of Georgia.

2. The owner (lawful user) of a monument shall be entitled to:

a) use the monument in accordance with the requirements of this Law and receive income;

b) benefit from tax and other preferences established by the legislation of Georgia;

c) request, free of charge, from the state bodies for the protection of cultural heritage scientific-methodological and legal consultation regarding the monument in their ownership (use).

3. Where the contract provided for by subparagraph „a“ of paragraph 1 of this Article is concluded by a municipality, within 1 week from the conclusion of the contract, the municipality shall submit to the Ministry information on the conclusion of the contract (or a copy of the contract).

Law of Georgia of 21 November 2008 No. 528 - LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 20 December 2011 No. 5554 - website, 28.12.2011

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020

Article 29. Rule for the study and inspection of a monument (object) and conditions for its conduct without the consent of its owner (lawful user)🔗

1. By Resolution of the Government of Georgia, the list of monuments of increased public interest and the rule for admission of the public to them by the owner (lawful user) shall be established. For monuments provided for by Articles 7, 8 and 9 of the “Constitutional Agreement between the State of Georgia and the Georgian Apostolic Autocephalous Orthodox Church”, the rule for admission of the public shall be established by prior agreement with the owner (lawful user); in the event of disagreement, religious rights shall have priority over the right of admission of the public to monuments.

2. If there is a substantiated necessity to verify the condition of a monument (object) or a substantiated assumption that any object belongs to cultural heritage, and the owner (lawful user) of the monument (object) obstructs the competent bodies in carrying out the appropriate expert and research works, as well as when the owner (lawful user) of the monument violates the rules established by the legislation of Georgia for the inspection of the monument (object) and the admission of the public to it, the admission of the state body for the protection of cultural heritage to the monument (object) to be studied without the consent of the owner (lawful user) is possible on the basis of a court judgment.

3. Liability for violation of the rules for the inspection of a monument and the admission of the public to it shall be determined by the legislation of Georgia.

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Law of Georgia of 25 September 2013 No. 1330 – website, 08.10.2013

Article 30. Liability of the owner (lawful user) of a monument and/or the holder of a permit for the monument🔗

1. The Ministry/municipality shall give the owner (lawful user) of a monument a written warning, by which it shall determine the measures to be taken in connection with the maintenance and care of the monument, the conditions for carrying out specific actions and a reasonable time limit for ensuring them, if the owner (lawful user) of the monument:

a) violates the terms of the monument maintenance and care contract concluded with the Ministry/municipality;

b) violates the terms of the relevant permit issued by the Ministry/municipality or carries out any works on the monument without the permit provided for by this Law.

1¹. If the holder of a permit for a monument defined by this Law, who is at the same time not the owner of the monument, violates the terms of the relevant permit issued by the Ministry/municipality, the Ministry/municipality shall give him/her a written warning, by which it shall determine the conditions for carrying out specific actions on the monument and a reasonable time limit for ensuring their implementation.

2. The aggregate of owners (lawful users) of apartments and non-residential areas in a residential building having the status of a monument shall be considered an apartment owners' association provided for by the Law of Georgia "On Apartment Owners' Associations". The warning provided for by paragraph 1 of this Article shall be given to, and liability established by the legislation of Georgia for its non-fulfilment shall be borne by, the respective association.

3. After the expiry of the time limit determined by the written warning provided for by paragraph 1 or 1¹ of this Article, in the event of non-fulfilment or improper fulfilment of the conditions specified in the warning, the offender shall, in accordance with the procedure established by the legislation of Georgia, be subject to a fine and to ensuring that the activity carried out by the offender complies with the requirements of this Law.

4. If, within 6 months after the offender has been fined, he/she fails to fulfil or improperly fulfils the conditions specified in the written warning, the owner (lawful user) of the monument/holder of a permit for the monument who is at the same time not the owner of the monument shall, every six months, be subject to a fine in the amount of three times the amount determined by the previous fine, and the Ministry/municipality shall determine a reasonable time limit for correcting the non-compliance.

5. If the owner (lawful user) of a monument fails to ensure the fulfilment of the conditions established by the Ministry/municipality, and the interests of the monument require urgent intervention, as well as in the case where the owner (lawful user) of the monument cannot be identified or found, the Ministry/municipality shall be entitled, without the consent of the owner (lawful user), to carry out urgent rehabilitation works on the monument directly or through third parties. In the presence of the circumstances defined by this paragraph, the decision on carrying out the works without the consent of the owner (lawful user) of the monument shall be taken only by a court.

6. When exercising the powers conferred by paragraph 5 of this Article, the expenses incurred by the Ministry/municipal bodies or by a person performing works determined by them for urgent rehabilitation works of the monument, which are caused by violation of the terms of the monument maintenance contract concluded with the Ministry/municipality, shall be reimbursed by the owner (lawful user) of the monument.

7. If the owner (lawful user) of the monument fails to ensure voluntary reimbursement of the expenses incurred for the rehabilitation works, the Ministry/municipality shall be entitled to apply to court with a demand for reimbursement by the owner (lawful user) of the monument of the expenses determined by paragraph 5 of this Article.

8. Article 32 of this Law shall not apply to the objects defined by paragraph 1 of Article 7 of the Constitutional Agreement "between the State of Georgia and the Georgian Apostolic Autocephalous Orthodox Church" and to objects in the ownership (use) of other religious confessions.

9. The powers of the Ministry determined by this Article in the territory of the Autonomous Republic of Ajara shall be exercised, within the scope of its competence, by the respective authorised body of the Autonomous Republic of Ajara.

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 20 December 2011 No. 5554 – website, 28.12.2011

Judgment of the Constitutional Court of Georgia of 27 July 2018 No. 2/6/1216 – website, 06.08.2018

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020

Law of Georgia of 16 November 2021 No. 1020 – website, 25.11.2021

Article 31. Liability for damage to and destruction of a monument🔗

Damage to or destruction of a monument on discriminatory grounds or for another motive shall result in the imposition of criminal liability on the person in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 16 November 2021 No. 1020 – website, 25.11.2021

Article 32. Alienation or transfer into use with the right of possession and use of a cultural heritage monument in state/municipal ownership🔗

1. The alienation, transfer with the right of possession and use, of a monument, a cultural value in state/municipal ownership, and of a land plot in state ownership located in an archaeological protection zone, shall be carried out in agreement with the Ministry, subject to the conditions for their maintenance pre-determined by it, in accordance with the procedure established by the legislation of Georgia.

2. The alienation of a monument in state ownership included in the World Heritage List shall be prohibited. The transfer into use of this monument shall be permissible only with the right of possession and use, subject to its maintenance and protection.

3. The alienation of a document (movable monument) of the National Archival Fund in state and municipal ownership shall be prohibited.

4. An exception to the procedure established by paragraphs 1 and 2 of this Article shall be the housing fund, as well as non-residential areas in residential buildings.

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020.

Article 33. Origin of the right of ownership over movable archaeological objects🔗

1. A movable archaeological object discovered during archaeological works carried out on the basis of a permit for archaeological works, as well as during archaeological works carried out without a permit, shall be the property of the State.

2. Except for the cases provided for by paragraph 1 of this Article, issues related to the right of ownership over archaeological objects discovered as a result of other types of activity (chance discovery) shall be regulated in accordance with the procedure established by the Civil Code of Georgia.

3. In the case of a chance discovery, the discoverer shall be obliged to notify the Ministry immediately, in accordance with the procedure established by Chapter III of this Law.

4. The State shall have the pre-emptive right to purchase an archaeological object.

Article 34. Structure of cultural heritage protection zones and rules for their establishment🔗

1. The structure of cultural heritage protection zones consists of the individual protection zone of a monument and general protection zones.

2. The individual protection zone of a monument consists of the following areas:

a) the area of physical protection of the monument;

b) the area of visual protection of the monument.

3. The general protection zones are:

a) the historical development protection zone;

b) the development regulation zone;

c) the historical landscape protection zone;

d) the archaeological protection zone.

4. The individual protection zone of a monument shall be established automatically, from the moment of granting the status of a monument to an immovable object of cultural heritage. In the event of substantiated necessity, the individual protection zone of a monument or an area constituting it may be expanded on the basis of an individual administrative-legal act of the Minister, and within the administrative boundaries of the municipality of the city of Tbilisi − upon the submission of the Ministry, on the basis of an Order of the Government of Georgia. In the case of a building defined by the Constitutional Agreement between the State of Georgia and the Georgian Apostolic Autocephalous Orthodox Church, the Order of the Minister on the expansion of the individual protection zone of a monument or an area constituting it shall be agreed with the Georgian Apostolic Autocephalous Orthodox Church.

5. General protection zones shall be established in agreement with the municipality, on the basis of a submission of the Minister, by an Order of the Government of Georgia.

6. An Order of the Government of Georgia on the establishment of a general protection zone, as well as an Order of the Minister on the establishment or expansion of the individual protection zone of a monument, shall be published in accordance with the procedure established by the General Administrative Code of Georgia.

7. One territory may fall within the scope of several protection zones, of which only one may be a general protection zone.

8. If one territory falls within the scope of several protection zones, in each specific case the prohibitive norm among the regimes of the protection zones shall apply.

9. The methodology for the development of protection zones and the rules for drawing up the relevant graphic and textual materials shall be determined by a Resolution of the Government of Georgia.

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020

Article 35. Objectives and tasks of establishing protection zones🔗

1. The objectives of establishing a protection zone are: protection of the cultural heritage located within its boundaries, including monuments, urban fabric of cultural value and individual buildings and structures, historic built-up area, street network, planning structure, historic landscape, and archaeological objects, from undesirable impact; preservation of the natural, historical, aesthetic and ecological environment of the cultural heritage located within its boundaries, of its authentic elements, of historically formed views and panoramas, as well as of that socio-economic and cultural context which will promote the protection and sustainable development of the monument and its environment, and the preservation of the role of the monument as a witness of history.

2. The measures to be implemented in protection zones shall provide for the preservation of favourable geological and hydrogeological conditions, the satisfaction of sanitary-hygienic, seismic and fire safety requirements, and the prevention of undesirable impact on monuments and the historically formed environment. In implementing the said measures, the standards and norms established in this field by international law and the legislation of Georgia shall be observed.

3. In protection zones, in the space of active visual perception of monuments, the placement of large-scale advertising billboards, electric and telephone masts, television antennas and other large-scale above-ground engineering and technological devices is inadmissible.

4. In protection zones, the construction of such industrial, transport, warehouse facilities and other objects which are fire-hazardous, generate heavy freight and transport flows, and pollute air and water basins is prohibited.

5. The means of improvement of public space shall be planned in such a way that they harmoniously blend with the historically formed environment. Urban planning policy and management principles in protection zones shall be directed towards the purposeful and planned reduction of transport flows and the development of pedestrian infrastructure.

6. The demolition (dismantling) of buildings and other architectural objects existing in a protection zone shall be permissible only:

a) during construction permitted by the relevant regime;

b) in case of such urgent necessity when the danger of collapse of the object is confirmed;

c) if the object to be demolished has been granted the status of an incompatible object or the demolition (dismantling) is conditioned by the objectives of the protection zone;

d) in the event that this is required by the interests of the development of the urban fabric of the relevant territory.

7. The specific objectives and tasks of establishing an individual protection zone are determined by the regime of the relevant protection zone.

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Article 36. Establishment of the individual protection zone of a monument, its constituent areas and regime🔗

1. The individual protection zone of a monument shall be defined as the territory around an immovable monument, which consists of physical and visual protection areas and is established for the purpose of the physical and visual protection of the monument.

1¹. (Removed – 06.09.2013, No. 1075).

2. The physical protection area of a monument is the territory around an immovable monument where any action may physically damage the monument or its adjacent territory. The physical protection area shall be defined by the following distance – the height of the monument multiplied by 2, but with a radius of not less than 50 metres.

3. In the physical protection area, any activity is prohibited that damages or creates a risk of damage to the monument or worsens its perception or use, including:

a) such actions as will cause significant vibration or deformation of the land;

b) storage of chemical, easily flammable and explosive substances;

c) erection of such objects as do not serve the protection of the monument or the improvement of its environment;

d) planting of such species of plants or in such a manner as may damage the monument.

4. The visual protection area of a monument is the territory beyond the physical protection area, changes to which affect the historically formed environment of the monument and/or the full perception of the monument. The visual protection area shall be defined:

a) for monuments – with a radius of 300 metres;

b) for monuments of national significance – with a radius of 500 metres;

c) for monuments included in the World Heritage List – with a radius of 1000 metres.

5. If a monument is located in the territory of a city, the respective distance indicated in subparagraphs „a“ and „b“ of paragraph 4 of this article shall be reduced by half.

6. In the visual protection area, such actions are prohibited as will damage the historically formed environment of the monument, hinder the optimal view of the monument, its full perception, or reduce its significance.

7. For the purposes of determining the areas indicated in this article, the height of a monument shall be deemed to be its highest point, and the distance from the monument to the boundary of the protection area shall be measured from the outer contour of the monument, in the direction of the radius drawn from the centre of the monument.

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Article 37. Establishment of the Historical Built-up Area Protection Zone and Regime🔗

1. A historical built-up area protection zone shall be defined as a territory where a large concentration of monuments and other immovable objects of cultural heritage, a street network preserved in authentic form, built-up area, planning structure and morphology are identified.

2. The purpose of establishing a historical built-up area protection zone is to preserve the historically formed spatial-architectural environment of the monuments protected therein, the traditional forms and appearance of the built-up area, to ensure the protection and preservation of the historical part of the city as a historically formed organism (planning structure, morphology, scale of buildings, character, silhouette, appearance, landscape and others), to regulate rehabilitation, construction and other works, to improve the urban environment, to bring the degraded urban fabric as close as possible to its historical appearance, and to realize the economic and cultural potential of the historical built-up area.

3. When preparing urban planning and construction documentation in a historical built-up area protection zone, the preservation of the planning, built-up area and landscape of the historical environment, and the possibility of restoring their lost elements, shall be ensured.

4. Construction in a historical built-up area protection zone shall be permissible only if:

a) the construction object replaces a building, structure or engineering-communication network that is in an acute emergency condition and lacks historical and artistic value;

b) the construction activity must improve the degraded urban fabric (fill the voids created in the historical built-up area as a result of destruction, replace valueless structures located between valuable buildings, free the space from structures introducing dissonance into the historically formed environment, restore its historical environment to its original form, and others).

5. The configuration, proportions and planning structure of the design object must correspond to the historically formed type around the design territory. The building must organically blend with the traditional forms of the built-up area and the environment, and must not be opposed to the appearance, morphology and scale of the historical built-up area, or the landscape environment.

6. In a historical built-up area protection zone, the body determined by the legislation of Georgia may, only in an exceptional case and on the basis of an expert opinion, with the consent of the Ministry, in accordance with the procedure established by the legislation of Georgia, issue a permit for the development of a territory that was not historically built up.

7. In those territories where, on the basis of scientific research, the existence of an architectural object of high historical-cultural value not more than 50 years ago is confirmed, construction shall be permissible only with a project developed on the basis of appropriate research and brought as close as possible to the project of that object.

8. In the historic development protection zone, changing, expanding, raising or lowering the elevations of, or otherwise altering the historically formed street network shall be permissible only on the basis of the relevant planning and scientific justification, with maximum approximation to the historic appearance.

Law of Georgia of 15 December 2010 No. 4045 - LHG I, No. 75, 27.12.2010, Art. 467

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Article 38. Establishment of the Development Regulation Zone and Regime🔗

1. A development regulation zone shall be defined as an area where fragments of historic development, the street network, the planning structure and/or individual monuments, other immovable objects of cultural value, and background development have been preserved in authentic form. A development regulation zone may also be a buffer zone of another cultural heritage protection zone.

2. The purpose of establishing a development regulation zone is to ensure the harmonious integration of historically formed and new development.

3. In a development regulation zone, the strengthening and restoration of historically formed spatial dominants in the architectural-spatial organization of the environment, and the preservation of the architectural and spatial environment for monuments and other immovable objects of cultural value, and of the historically formed planning structure or its fragments, shall be ensured.

4. In a development regulation zone, in addition to construction permitted in the historic development protection zone, such construction works as do not contradict the requirements of this Article and Article 35 of this Law shall also be permissible.

5. For the purpose of better presentation of monuments and ensuring the harmonious integration of historically formed and new development, particularly favorable points of perception shall be established in the development regulation zone, and the possibility of viewing panoramas and individual monuments shall be preserved by regulating new constructions and removing objects incompatible with the historically formed environment.

Article 39. Establishment of the Historical Landscape Protection Zone and Regime🔗

1. A natural, rural or urban area of historical, cultural or aesthetic value, the formation of which over the course of historical development is wholly or partially the result of human activity, or which is the historically formed natural environment of individual monuments, shall be defined as a historical landscape protection zone.

2. The purpose of establishing a historical landscape protection zone is the preservation and restoration of the appearance of the historically formed natural environment of immovable objects of cultural heritage and cultural heritage protection zones, as well as of places associated with historical events, traditions and folklore.

3. In the historical landscape protection zone, the following is necessary: preservation of the natural relief and water bodies, freeing the landscape from buildings and structures and plantings devoid of cultural value and introducing dissonance, protection and regulation of vegetation cover, ensuring the natural restoration of forest and green cover, protection of meadows and other areas from swamping and flooding.

4. In the historical landscape protection zone, only the following shall be permitted:

a) the following construction works:

a.a) research and rehabilitation works of buildings and structures of cultural or historical value;

a.b) in the case of justified necessity, the construction of structures functionally related to the goals and objectives specified in paragraphs 2 and 3 of this Article, temporary structures related to public interests, or such linear structures conditioned by state interest, which do not significantly change the appearance of the historical relief and landscape, do not worsen the perception of cultural heritage located in the protected and visual protection areas of the zone;

b) such economic activity that does not contradict the goals and objectives specified in paragraphs 1 and 2 of this Article.

Article 40. Archaeological protection zone and establishment of the regime🔗

1. The territory where cultural layers and/or archaeological objects are identified, recorded or surveyed shall be defined as an archaeological protection zone.

2. The purpose of establishing an archaeological protection zone is to ensure the protection of the archaeological monuments, cultural layers, identified or surveyed archaeological objects existing therein and their adjacent territories.

3. In the archaeological protection zone, any activity is prohibited which causes damage to, destruction of, or deterioration of the perception of the cultural heritage protected in the zone, or hinders the conduct of full-fledged scientific research thereon, including:

a) earthworks, except for earthworks related to agricultural and archaeological works;

b) dumping of waste provided for by the legislation of Georgia, as well as of waste rock accumulated during archaeological excavations.

4. If it is established that certain types of activity in the archaeological protection zone, including the movement of vehicles, certain agricultural works or pedestrian traffic, create a threat of damage or destruction to archaeological objects or cultural layers, the Government of Georgia, upon submission of the Ministry, is entitled to restrict or prohibit such activity within the zone. In this case, an information board shall be placed in a conspicuous place on the territory of the zone, and in the case of restriction or prohibition of vehicular traffic – also a corresponding sign, which shall indicate the restriction or prohibition of activity within the zone.

Law of Georgia of 26 December 2014 No. 3001 – website, 12.01.2015.

Article 41. Rule of agreement of urban planning documentation and implementation of construction activity in cultural heritage protection zones🔗

1. In cultural heritage protection zones, urban planning documentation shall be approved by the body determined by the legislation of Georgia in agreement with the Ministry, in accordance with the procedure established by the legislation of Georgia.

2. In cultural heritage protection zones, the construction permit for construction and reconstruction projects shall be issued by the body determined by the legislation of Georgia with the consent of the Ministry, in accordance with the procedure established by the legislation of Georgia.

3. (Removed).

Law of Georgia of 21 November 2008 No. 528 - LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013.

Article 42. Planning of development in the historic development protection zone and the development regulation zone, historical-cultural reference plan, development plan/detailed development plan🔗

1. The relevant body determined by the legislation of Georgia shall approve the development plan/detailed development plan in the historic development protection zone and the development regulation zone in agreement with the Ministry.

2. The basis for the elaboration of the development plan/detailed development plan in the historic development protection zone and the development regulation zone is the historical-cultural reference plan, the principles of which must be taken into account when preparing spatial-territorial planning documentation.

3. The historical-cultural reference plan is a special complex scientific-research document developed on the basis of a multidisciplinary approach, which includes informational and analytical material reflecting the cultural heritage protection zones and the monuments located therein, the historically formed environment, and contains recommendations on the urban planning and planning regulations necessary for their protection.

4. The historical-cultural reference plan consists of informational, analytical and concluding parts.

5. The informational part of the historical-cultural reference plan is a complex information base obtained as a result of comprehensive inventory on the current state of the territory and consists of the following parts:

a) indication of the relevant protection zone(s);

b) situational plan of the territory;

c) boundary plan of the territory with indication of coordinates;

d) topographic plan of the territory;

e) archival-bibliographic material;

f) information provided for by the registration card of an immovable monument on the monuments and other cultural heritage objects located in the territory, as well as basic data on all other buildings and structures located in the territory;

g) thematic maps and other graphic material containing the following information:

g.a) monuments and other cultural heritage objects located in the territory;

g.b) background development and incompatible objects;

g.c) development morphology and planning structure;

g.d) functional purpose of buildings and structures;

g.e) number of storeys of buildings and structures;

g.f) physical condition of buildings and structures;

g.g) age of buildings and structures;

g.h) architectural-artistic value of buildings and structures;

g.i) urban and natural spatial dominants located in the territory;

g.j) points of perception of important panoramas and perspectives;

g.k) boundaries of the historically formed landscape;

g.l) green areas, squares, gardens and parks located in the territory;

g.m) classification of the street network and roads;

g.n) main longitudinal and transverse sections of the territory, schematic layouts of important streets with indication of the main elevations of buildings and structures;

h) materials of photo-fixation of objects of historical-cultural value, urban and natural panoramas.

6. The analytical part of the historical-cultural support plan consists of the following parts:

a) General description of the historically formed environment:

a.a) Determination of the significance of the territory in the general context;

a.b) Assessment-analysis of the significance of historically formed architectural and natural spatial dominants;

b) Historical-cultural analysis:

b.a) Analysis of the chronological development of the street network and development;

b.b) Analysis of the historically formed types of development and their main characteristics;

b.c) Analysis of traditional construction materials and techniques;

b.d) Assessment-analysis of historically formed functions;

c) General assessment-analysis of the physical condition of the development, assessment-analysis of the historical-cultural value of buildings and structures, and identification of the boundaries of areas homogeneous from the historical-cultural point of view;

d) Determination of conservation and development areas.

7. The concluding part of the historical-cultural support plan consists of the following parts:

a) Main provisions and development principles for the protection and rehabilitation of cultural heritage within the boundaries of protection zones;

b) Graphic part of the historical-cultural support plan (synthetic map);

c) List of monuments and other cultural heritage objects existing within the boundaries of protection zones;

d) Recommendations for permissible actions in protection zones, including recommendations concerning rehabilitation objects (monuments, other cultural heritage objects, background development, public space, etc.) and the methodology of their rehabilitation.

8. In the historical development protection zone and the development regulation zone, the development plan/detailed development plan, except for the parts provided for by the Code of Spatial Planning, Architectural and Construction Activities of Georgia, shall also consist of the following parts:

a) Requirements for the protection and rehabilitation of cultural heritage, in particular, on intervention in rehabilitation objects (monuments and other cultural heritage objects, background development, public space, etc.);

b) Requirements for the development of territories and new constructions:

b.a) Identification of conservation and development areas (indicating buildings to be demolished and to be preserved);

b.b) Permissible parameters of new constructions (scale, height, spatial and planning configuration, rhythm of facades, fenestration);

b.c) Requirements for the improvement of public space.

9. If the protection zone for which the development plan/detailed development plan is being prepared covers heterogeneous areas or zones, the regulation of the development plan shall be developed individually for the respective area, micro-area or zone.

Law of Georgia of 20 July 2018 No. 3217 – website, 13.08.2018.

Article 43. Historical-architectural research🔗

1. If in the cultural heritage protection zones there is no development plan approved in accordance with the procedure established by this Law, the design documentation of each construction object shall be developed on the basis of a pre-design historical-architectural research. The volume, planning structure and architectural appearance of the design object shall be determined on the basis of this research. The exception is the objects defined by paragraph 4 of this Article.

2. The conduct of the historical-architectural research shall be ensured by the permit seeker. The area of the historical-architectural research shall cover the design plot and the territory located around it, within the limits of not less than twice the length/width of the plot in the respective direction from the boundaries of the design plot. The documentation of the historical-architectural research shall consist of the following graphic and textual parts:

a) the location of the design territory in the city structure and the description of its existing condition (graphic and textual material);

b) topographic plan of the research territory showing the boundaries of the design plot and the monuments existing on the research territory (scale 1:500 and 1:200);

c) historical retrospective of the research territory, chronology and stages of development (graphic, textual and photo material);

d) photo-elevations of the development existing on the research territory, indicating the design plot and the monuments existing on the territory (photo material);

e) analysis of the development existing on the research territory (graphic and textual material), which includes:

e.a) description of the structure, morphology and scale of the development, of the configuration of buildings and structures and open spaces, identification of the peculiarities of their placement in the development structure;

e.b) spatial-architectural assessment of monuments and visual dominants, of the landscape and the development, identification of their spatial interdependence;

e.c) description of the artistic and decorative elements of the development, their stylistic and semantic identification.

3. The concluding part of the historical-architectural research shall include recommendations developed on the basis of the conducted research on the spatial-planning and compositional solution of the construction to be carried out on the design territory.

4. Historical-architectural research is not mandatory for the following objects and construction activities:

a) small architectural forms, namely:

a.a) structures with a volume of up to 50 m³ – pavilions, kiosks, foundationless trading counters, canopies, garages, public transport stops;

a.b) children's playgrounds and small-sized sports grounds with an area of up to 50 m², attractions;

a.c) information and advertising boards and structures standing separately or mounted on the facades of buildings;

a.d) benches, lighting elements, parts of the improvement and engineering equipment of squares, alleys and other small-sized green plantation zones, signs, waste bins, city clocks, signs of street names and house numbers, fences, gates, shop windows, complexes marking entrances to settlements, elements of the architectural arrangement of memorial plaques and statues, drinking water columns, fountains with an area of up to 25 m²;

b) minor alterations of existing buildings with a total area of not more than 50 m²: replacement of the roof within the existing dimensions, extension or annexation of up to 50 m³ in volume, cutting or walling up of a door or window, addition or removal of a balcony.

Law of Georgia of 20 July 2018 No. 3217 – website, 13.08.2018.

Article 44. Prohibition of activities causing damage to cultural heritage or creating such a threat🔗

In the event of detection of an activity that is inadmissible under the protective zone regime, that causes damage to cultural heritage located in the zone or outside the zone, or that creates such a threat, the Ministry shall apply to the relevant state/municipal bodies with a request to restrict, suspend or terminate the activity.

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020.

Article 45. Condition for granting the status of an incompatible building-structure in protective zones🔗

1. In protective zones, except for the cases provided for by the Code of Spatial Planning, Architectural and Construction Activities of Georgia, the status of an incompatible building-structure shall also be granted to a building, structure, enterprise, workshop, warehouse that introduces dissonance into the historically formed environment, hinders its perception, and causes practical or aesthetic damage to the cultural heritage protected in the zones, as well as to other objects that generate freight and transport flows and pollute the soil, atmosphere and water bodies.

2. During the elaboration and approval of urban planning documentation, as well as when adopting construction and planning decisions, the bodies determined by the legislation of Georgia shall be obliged to take into account the prospect of removal and correction of incompatible buildings-structures.

Law of Georgia of 20 July 2018 No. 3217 – website, 13.08.2018.

Article 46. Cultural heritage rehabilitation area🔗

1. By Resolution of the Government of Georgia, for the purpose of promoting and encouraging the rehabilitation of cultural heritage, upon the submission of the Ministry and on the initiative of the municipality, a cultural heritage rehabilitation area may be established within the general protection zone of cultural heritage, the basis for which is the rehabilitation area development programme.

2. The basis for establishing a cultural heritage rehabilitation area is:

a) high concentration of monuments and other cultural heritage objects;

b) a spatial-architectural environment of high historical-cultural value;

c) the severe physical condition of the historical built-up area, the authentic historical built-up area and environment facing the threat of degradation.

3. State and municipal bodies shall be responsible for the implementation of the rehabilitation area development programme and for its supervision.

4. The cultural heritage rehabilitation area development programme submitted to the Government of Georgia for approval shall include:

a) a comprehensive assessment of the situation existing in the rehabilitation area;

b) an assessment of the historical and artistic-architectural value of the built-up area existing in the rehabilitation area;

c) research and assessment of the monuments existing in the rehabilitation area;

d) analysis of the economic and social situation, and of the development of the tourist, economic and social potential, existing in the rehabilitation area;

e) the conditions for the rehabilitation of the cultural heritage existing in the rehabilitation area;

f) the conditions for the revitalisation of the urban fabric existing in the rehabilitation area;

g) projects for the rehabilitation of the monuments, other cultural heritage objects and other buildings and structures existing in the rehabilitation area;

h) projects for the rehabilitation of the main networks of above-ground and underground communications and engineering communications existing in the rehabilitation area;

i) projects for the rehabilitation of the infrastructure and public space of the rehabilitation area;

j) the cost estimate of the rehabilitation area development programme;

k) the time limit for the implementation of the rehabilitation area development programme;

l) mechanisms for informing the public and for its involvement in the implementation of the rehabilitation area development programme.

5. The sources of financing of the rehabilitation area development programme are:

a) funds allocated from the State Budget;

b) funds allocated from the municipal budget;

c) grants issued by international organisations;

d) donations;

e) the cultural heritage rehabilitation area infrastructure fee;

f) those funds which are not prohibited by the legislation of Georgia.

6. The "cultural heritage rehabilitation area infrastructure fee" shall be established by law, for the term of implementation of the rehabilitation area development programme.

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020.

Article 47. Legal grounds for carrying out works on a monument and archaeological works, procedure for issuing permits🔗

1. The legal ground for carrying out the works on a monument provided for by Article 25 of this Law is a permit for works on a cultural heritage monument, except for the cases specified in paragraphs 2 and 10 of this Article.

2. If a monument is simultaneously an object of special importance, a construction permit for an object of special importance shall be issued for the works to be carried out on it, in accordance with the procedure established by Georgian legislation.

3. A permit for works on a cultural heritage monument shall be issued for rehabilitation works and, in the case of an immovable monument, also for research works, if these works involve physical impact on the monument.

4. Only one permit, as provided for by paragraph 1 or 2 of this Article, shall be issued for the works to be carried out on a monument, and carrying out works on a monument shall not require any other permit.

5. The legal ground for carrying out archaeological works is a permit for archaeological works, except for archaeological works to be carried out on a monument and the cases specified in paragraph 10 of this Article. A permit for archaeological works shall be issued only for field archaeological works that involve physical impact on an archaeological object.

6. Permits for works on a cultural heritage monument and archaeological works shall be issued by the Ministry or, upon the Ministry's submission, by the relevant authorised body determined on the basis of a resolution of the Government of Georgia. The permit shall be issued for the period necessary to complete the works specified by the relevant project documentation, taking into account the volume and complexity of the works, environmental conditions, as well as the calendar schedule for carrying out the works submitted by the permit applicant.

7. An applicant for a permit for works on a cultural heritage monument may only be the owner of the monument or a person authorised by the owner, while an applicant for a permit for archaeological works may only be the owner of the relevant land plot or a person authorised by the owner, except for the cases specified in Article 54 of this Law.

8. If works on a monument or archaeological works are to be carried out by a state body, the relevant procedure provided for by this Law shall be implemented, but a permit certificate shall not be issued.

9. Only a person with the relevant qualification in this field shall be authorised to carry out works on a monument and archaeological works. The certification rules related to works on a monument and archaeological works shall be established by Georgian legislation.

10. The permits provided for by this Article shall not be issued if there is a court judgment on carrying out the works.

11. The permit certificate for works on a monument or archaeological works shall indicate the identity of the permit holder, the date and registration number of the relevant application, the type of works and the periods for carrying them out. The forms of permit certificates shall be approved by a normative act of the Minister.

12. A different procedure for the issuance of the permits defined by this Chapter and the permit conditions shall be established by the Code of Georgia on Spatial Planning, Architectural and Construction Activities.

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Law of Georgia of 20 July 2018 No. 3217 – website, 13.08.2018

Article 48. Submission of an application for obtaining a permit for works on a cultural heritage monument or a permit for archaeological works🔗

1. An application for obtaining a permit for works on a cultural heritage monument or a permit for archaeological works shall contain a precise indication of what type and volume of works the permit applicant aims at.

2. The application and the attached documentation shall be submitted to the permit-issuing body in two copies, one of which, duly certified, shall be transferred to the permit holder after the decision is made.

3. In addition to the documents provided for by the Law of Georgia on Licences and Permits, the application shall additionally be accompanied by:

a) the complete design documentation for the relevant works as defined by this Law, except for the cases provided for by Article 51 of this Law;

b) in the case of an immovable object – a document confirming ownership of the relevant object or territory and a cadastral map, and if the permit applicant is not the owner of the relevant object or territory, – also a document confirming authority;

c) if the immovable object is state/municipal property − a document confirming that the immovable object is in state/municipal ownership. In this case, the relevant state/municipal body shall participate in the administrative proceedings related to the issuance of the permit as another administrative body, which shall give consent to the defined works or issue a reasoned refusal in accordance with the procedure established by the Law of Georgia on Licences and Permits.

4. In the case of a permit for archaeological works, the application shall also be accompanied by a letter of consent from a museum, institute or other relevant institution concerning the placement of the archaeological material discovered as a result of the works and the ensuring of the conditions for its storage.

5. If archaeological works are to be carried out on the monument together with other works or independently, the application for the issuance of a permit for works on a cultural heritage monument shall be accompanied by the design documentation for archaeological works as defined by this Law.

Law of Georgia of 15 July 2020 No. 6908 – website, 28.07.2020

Article 49. Composition of Design Documentation for Works on a Monument🔗

1. The project of research and rehabilitation works on a movable monument, as well as on a movable fragment of an immovable monument (except for monuments of paleographic and monumental fine art), consists of the following parts:

a) explanatory note (detailed description of the problem and determination of ways to solve it, justification of the selected methodology);

b) recording of the current condition of the monument, including photo and visual description materials, relevant analyses;

c) work plan, its justification, showing the sequence of the process; calendar schedule for carrying out the works;

d) description of expected results.

2. The project of research works on an immovable monument consists of the following parts:

a) explanatory note. The explanatory note shall justify the necessity of physical impact on the monument for research purposes and the compliance of the research works with the requirements of Georgian legislation. The explanatory note shall indicate:

a.a) exact name of the monument, name of its location and exact address;

a.b) types and scope of works, selected methodology;

a.c) in the case of a complex monument, when there is a conservation plan approved in accordance with Georgian legislation, and the project provides for the study of only a fragment thereof, – compliance of the works with the conservation plan;

b) situational plan of the location of the design object (scale 1:1000 or 1:2000), with coordinates determined by the global satellite system determining the location (hereinafter – GPS coordinates);

c) latest photographic material depicting general views of the design object;

d) work plan, its justification, showing the sequence of the process; calendar schedule for carrying out the works;

e) description of expected results.

3. The project of rehabilitation works on an immovable monument shall be developed on the basis of research works. It, except for the case specified in paragraph 4 of this Article, consists of the following parts:

a) detailed description of the problem and determination of ways to solve it, justification of the selected methodology, description of expected results;

b) situational plan of the location of the design object (scale 1:1000 or 1:2000), topographic plan (scale 1:500 or 1:200) and general plan (scale 1:500 or 1:200);

c) photographic material depicting the design object and its general views, layout of the design part together with adjacent structures, in the case of damage – photographic material depicting local damage, archival photographic material, photo montage of the performance of the works provided for by the project;

d) measurements of the monument (croquis, outline drawings (scale 1:100, 1:50));

e) results of art-historical research (analysis of bibliographic research, analysis of research in situ, list of studied bibliographic and archival material) and recommendations;

f) in the case of conducting archaeological research during research works – the results of the archaeological research (scheme of dividing the research territory into squares, scheme of the layout and measurement of monuments revealed during the archaeological research, scheme of the layout of test pits, certified by the signature of an archaeologist, croquis, drawn plans (scale 1:25, 1:20), textual description, report on the results of the archaeological research);

g) engineering-geological research (scheme of the layout of test pits, certified by the signature of an archaeologist, laboratory analysis, lithographic sections and recommendations);

h) conclusion on the compatibility of the material to be used during works on the monument with the existing material;

i) in the case of probing – scheme of the layout of probes, croquis, drawn plans (scale 1:25, 1:20) and textual description;

j) schemes of the layout of architectural details, croquis, drawn plans (scale 1:25, 1:20) and textual description;

k) scheme of the layout of structural details, croquis, drawn plans (scale 1:25, 1:20) and textual description;

l) demonstration material (plans, facades, sections (scale 1:50, 1:100, 1:200), fragments and details (scale 1:20, 1:10)), photo montage and justification of the project;

m) project of the vertical planning of the relevant territory (scale 1:500 or 1:200);

n) working project: explanatory note of the architectural part, architectural working drawings and templates (scale 1:100, 1:50, 1:1); explanatory note of the structural part and structural working drawings (scale 1:100, 1:50); explanatory note of engineering networks, working drawings/schemes of external and internal engineering networks (electrical wiring, water supply and sewerage, heat supply and other engineering communications) (scale 1:100, 1:200);

o) organizational project of the conduct of works, work plan and justification, which shows the sequence of the process, the calendar schedule of the conduct of works;

p) description of the expected results.

4. The project of minor rehabilitation works (facade painting works; arrangement and installation of engineering communications and gutters without changing load-bearing structural parts; modification of individual architectural details (including openings, stairs, balconies, decorative elements), restoration, painting or repair works to be carried out in the interior, works of cleaning the monument) consists of the following parts:

a) explanatory note (detailed description of the problem and determination of ways to solve it, justification of the selected methodology);

b) situational plan of the location of the design object (scale 1:1000 or 1:2000);

c) the most recent photographic material reflecting the general views of the design object;

d) graphic material reflecting the works, which shows the relevant markings;

e) measurements of the relevant part of the monument;

f) art-historical research with justification of the works to be carried out;

g) work plan, calendar schedule of the conduct of works;

h) photo montage of the conduct of the works envisaged by the project;

i) analysis of the original (early) colour spectrum during restoration, painting or repair works to be carried out on the facade and in the interior.

4¹. A minor rehabilitation works project which provides for the placement of signs and light fixtures without changing load-bearing structural parts, the replacement of the roofing material (roofing tile, tile, roofing felt and other) of the monument's roof (covering), the repair/replacement of gutters, the repair/replacement of engineering communications, shall consist of the following parts:

a) the most recent photographic material showing general views of the design object;

b) a photo montage of the performance of the works provided for by the project;

c) an explanatory note (justification of the selected methodology);

d) a works plan, a calendar schedule for the performance of the works;

e) in the case of the placement of signs and light fixtures − graphic material showing the works, in which the relevant markings are indicated.

5. If the works on the monument also cover a fragment of a palaeographic or monumental fine arts monument thereof, the documentation provided for by paragraph 6 of this Article shall also be attached to the project of works on the monument.

6. A rehabilitation works project for a palaeographic or monumental fine arts monument shall consist of the following parts:

a) an explanatory note (a detailed description of the problem and determination of ways to solve it, justification of the selected methodology);

b) in the case of an immovable monument – a situational plan of the location of the design object (scale 1:1000 or 1:2000), with GPS coordinates;

c) the most recent photographic material showing general views of the design object, detailed photographic recording of damaged elements and fragments;

d) measurement of the design object, layout diagram of damages (scale 1:50, 1:25), individual details (scale 1:1), templates;

e) biochemical analysis of the design object (layout diagram of the samples taken, results of the laboratory analysis);

f) art-historical study of the design object;

g) the conclusion of the relevant specialist on the compatibility of the material to be used during the works with the material existing on the monument;

h) a works plan, its justification, showing the sequence of the process; a calendar schedule for the performance of the works;

i) a description of the expected results.

Law of Georgia No. 528 of 21 November 2008 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia No. 1020 of 16 November 2021 – website, 25.11.2021

Article 50. Composition of design documentation for archaeological works🔗

The design documentation for archaeological works consists of the following parts:

a) Explanatory note. The explanatory note shall substantiate the necessity of carrying out the works and their compliance with the requirements of the legislation of Georgia, indicating the types and scope of the works. The explanatory note shall indicate:

a.a) the exact name of the archaeological site (if any);

a.b) the name of its location and its exact address;

a.c) if the project, based on the scope of the works and the archaeological site, provides for only the study or rehabilitation of a fragment of the site, – the compliance of the works with the unified concept for the study, rehabilitation and development of the site (if a conservation plan exists – also with the conservation plan);

a.d) ensuring the conditions for the conservation and recultivation of archaeological sites and material discovered as a result of the works to be carried out, and for their subsequent placement and storage in appropriate repositories;

a.e) conclusion on the expected results of carrying out the works;

b) situational plan of the location of the territory to be studied (scale 1:1500 and 1:500), with GPS coordinates;

c) materials for recording the territory to be studied and the objects located on it, including photo and visual description materials, relevant analyses, in the case of carrying out preliminary reconnaissance works – the results of the reconnaissance works;

d) materials of historical-bibliographical and archival research of the territory (site) to be studied, with reference to relevant sources, namely, the retrieval of museum and archival materials (if available – historical maps and general plans, historical cadastral and building plans, photographic materials preserved in archives depicting the project territory, space and aerial photographic materials), analysis of the correlation of primary information obtained in the territory to be studied with archival data;

e) project for organizing the carrying out of the works and a calendar schedule for their carrying out, showing the sectors and the sequence of the relevant works, in the case of a long-term (multi-year) expedition – indicating the interim and total duration of the works.

Article 51. Types of works on a monument and archaeological works and composition of project documentation for works in case of urgent necessity🔗

1. If, as a result of the action of natural and environmental factors or force majeure, a monument or archaeological object is threatened with irreversible damage or destruction and, because of this, there is an urgent necessity to carry out archaeological or research works or preventive conservation on it, and the preparation of full project documentation is not possible, the issuance of the relevant permit may be possible on the basis of incomplete project documentation.

2. In the case of urgent necessity provided for by paragraph 1 of this article, only archaeological or research works or preventive conservation may be carried out. In this case, the project documentation for the works shall consist of the following parts:

a) Explanatory note. The explanatory note shall indicate: the exact name of the monument or archaeological object (in the case of a movable monument – its main storage location); in the absence of an exact name of the archaeological object – the name of its location and exact address. The explanatory note shall substantiate:

a.a) the urgent necessity of carrying out the works and the impossibility of preparing full project documentation under the existing conditions;

a.b) the type, kind and volume of the work to be carried out, the technologies and methodology to be used and their compliance with the requirements of Georgian legislation;

a.c) in the case of preventive conservation – also the expected duration of the effectiveness of preventive conservation, the types of subsequent measures and the expected timeframes for their implementation;

b) detailed photographic material reflecting the object and its damage;

c) in the case of an immovable object – a situational plan of the location of the territory to be studied at the appropriate scale, with exact coordinates;

d) in the case of archaeological works – also ensuring the conservation and recultivation of archaeological objects and material discovered as a result of the works to be carried out, their subsequent placement in appropriate repositories and storage conditions;

e) calendar schedule for carrying out the works (in the case of an archaeological object – showing the sectors and the sequence of the relevant works);

f) conclusion on the expected results of carrying out the works.

Article 52. Submission of reports on the performance of works by the permit holder, state control over the fulfilment of permit conditions🔗

1. The permit holder defined by this Law shall, during the progress of the works, periodically submit an interim report on the works, and after completion of the works – a final report on the works, and, for the purpose of their on-site inspection, shall allow representatives of the permit-issuing authority.

2. The frequency of submission by the permit holder of the reports provided for by this article shall be determined by the Ministry when making the decision on issuing the permit, and it shall be reflected in the permit certificate.

3. The report on the works shall cover issues concerning the progress of the works, the quality of their performance, circumstances and environmental factors that have arisen or been identified and were not envisaged by the design documentation, and cultural heritage or information and objects related thereto identified or discovered during the progress of the works.

4. If the rehabilitation works of an immovable monument provided for the replacement or installation of engineering communications, technological equipment and/or lines on it, the following shall be attached to the final report on the works:

a) test reports for lifts and escalators in public and residential buildings and structures, and in the case of industrial facilities – test reports for the installed technological equipment and/or lines, certified by the relevant competent authority;

b) confirmation of connection to external communications in accordance with the design documentation, issued by the relevant company.

5. Upon completion of the relevant stage of the works, on the basis of the interim and final reports, representatives of the Ministry shall draw up an acceptance protocol for the relevant stage of the works, one copy of which shall be delivered to the permit holder in accordance with the procedure established by the legislation of Georgia. The protocol shall record the compliance of the performed works with the design documentation.

6. The permit holder shall, upon request, within the shortest possible time, submit to the controlling or supervisory authority defined by the legislation of Georgia the permit certificate and/or the relevant design documentation and provide the opportunity to inspect the relevant facility.

7. Under this Law, the permit conditions for works on a monument or archaeological works shall be considered fulfilled only after the permit holder has fully performed the works and conditions provided for by the relevant design documentation and has fully submitted the reports defined by this article, as a result of which an administrative-legal act of the Minister on acceptance of the works shall be issued.

8. The grounds for refusal to accept the works are:

a) non-submission of the documents defined by this article;

b) obstruction of representatives of the permit-issuing authority in inspecting the facility;

c) non-fulfilment of the permit conditions, including non-compliance of the performed works with the design documentation.

9. The permit holder shall be responsible for the fulfilment of the permit conditions, except for the cases defined by paragraph 10 of this article.

10. The respective culpable person shall be liable for the violation of the permit conditions related to professional activity, as defined by the Minister's Orders „On the Rules for Conducting Archaeological Works and Works on a Monument“ and „On the Approval of the Form of the Permit Certificate for Works on a Monument and Archaeological Works“.

Article 53. Change of the permit conditions for works on a monument and archaeological works🔗

1. If, in the course of works carried out on a monument or an archaeological site on the basis of a permit defined by this Law, the necessity arises to change the respective permit conditions (design documentation, time limits for carrying out works and submitting reports, the scope of works and/or anything else that does not constitute grounds for issuing a new permit), the permit holder shall be obliged to apply to the Ministry with an application requesting a change of the permit conditions.

2. The application for a change of the permit conditions shall be accompanied by the respective documentation reflecting the change.

3. The basis for a change of the permit conditions shall be an individual administrative-legal act of the Minister. If the change of the permit conditions entails a change of the data entered in the permit certificate, a new permit certificate shall be issued, and the old one shall be declared invalid. In this case, no fee shall be paid for the new permit certificate.

Article 54. Revocation of permits for works on a cultural heritage monument and archaeological works, liability for violation of the permit conditions🔗

1. Carrying out works on a monument by a person lacking the appropriate mandatory professional qualification established by the legislation of Georgia shall be grounds for fining the culpable person, as well as for revoking the respective permit defined by this Law.

2. Other grounds and the procedure for revoking permits for works on a cultural heritage monument and archaeological works shall be determined by the Law of Georgia „On Licences and Permits“.

3. Liability for violation of the permit conditions established by this Law by the holder of a permit for works on a cultural heritage monument or archaeological works shall be determined by the legislation of Georgia.

Article 55. Conducting archaeological works and works on a monument without the consent of the owner (possessor)🔗

1. The Ministry, another state body or a municipality is entitled, without the consent of the owner (possessor), to itself conduct rehabilitation, research or archaeological works on a monument or archaeological site, or to commission these works to another person, if:

a) there exist the grounds provided for by paragraph 5 of Article 30 of this Law;

b) the archaeological site or the land plot on which it is located is not the property of the state/municipality or has been transferred to another person with the right of possession and use, and at the same time, the owner (possessor) does not consent to the conduct of rehabilitation, research or archaeological works on the archaeological site and there exist the grounds provided for by paragraph 1 of Article 12 of this Law;

c) rehabilitation, research or archaeological works on a monument or archaeological site are carried out in the cultural heritage rehabilitation area defined by Article 46 of this Law or in the urban planning measure area defined by Article 56 of the Code of Georgia on Spatial Planning, Architectural and Construction Activities, and the existing condition of the monument/archaeological site poses a threat to human life and health or to the monument/archaeological site itself.

2. The body provided for by paragraph 1 of this Article shall fully compensate the owner (possessor) for the damage caused as a result of the works defined by subparagraph "b" of paragraph 1 of this Article.

3. In the presence of the circumstances provided for by paragraph 1 of this Article, the decision on conducting the works without the consent of the owner (possessor) shall be made by the court, on the basis of which the Ministry shall issue the relevant permit. The court shall consider the application within the time limits and in the manner established by the Civil Procedure Code of Georgia. The court's judgment shall be enforced in accordance with the procedure for enforcement of a judgment subject to immediate enforcement. The costs incurred by the court in the proceedings provided for by subparagraph "b" of paragraph 1 of this Article shall be compensated by the person interested in obtaining the right to conduct the works.

3¹. The conditions defined by paragraph 3 of this Article shall not apply if rehabilitation, research or archaeological works on a monument or archaeological site are carried out in the case provided for by subparagraph "c" of paragraph 1 of this Article.

4. An application for granting the right to conduct works shall be submitted to the court. The application, in addition to what is determined by the legislation of Georgia, shall also contain:

a) an indication of the types of works to be carried out and the time limits for their conduct;

b) justification of the necessity of conducting the works and the existence of the relevant circumstances;

c) in the case provided for by subparagraph "b" of paragraph 1 of this Article, where there is a likelihood of damage being caused to the owner (possessor) – an indication of the amount of the compensation and the time limit for payment;

d) in the case provided for by paragraph 5 of Article 30 of this Law – an indication of the amount and the term of payment of the funds spent by the owner (possessor) of the monument for the performer of the works on the urgent rehabilitation works of the monument.

5. In addition to the documents provided for by the legislation of Georgia, the application shall also be accompanied by the relevant design documentation determined by this Law. If, in order to draw up a rehabilitation (archaeological) works project, it is necessary to carry out preliminary research works, the application shall be accompanied by a research works project, the implementation of which is possible on the basis of an interim judgment of the court. The court shall set for the interested party a time limit for carrying out the research works and for preparing the rehabilitation (archaeological) works project, during which the court proceedings shall be suspended. In the presence of objective circumstances, the interested party is entitled to apply to the court with a motion to extend this time limit. Upon submission of the rehabilitation (archaeological) works project to the court, as well as upon expiry of the time limit set for its submission, the court proceedings shall be resumed in accordance with the procedure established by the legislation of Georgia. The works project shall be agreed with the Ministry before being submitted to the court.

6. The court judgment on the carrying out of the works shall contain:

a) an indication of the types of works to be carried out, the relevant project and the time limit for its implementation;

b) in the case provided for by subparagraph „b“ of paragraph 1 of this Article, where there is a likelihood of damage being caused to the owner (possessor) – an indication of the amount of the compensation and the term of payment;

c) in the case provided for by paragraph 5 of Article 30 of this Law – an indication of the amount and the term of payment of the funds spent by the owner (possessor) of the monument for the performer of the works on the urgent rehabilitation works of the monument.

7. If the interest of an archaeological object or monument requires urgent, immediate intervention (as a result of the impact of environmental factors, its irreversible damage or destruction is expected before the court adopts a final judgment), the court is entitled to issue an interim judgment, on the basis of which the Ministry shall immediately issue a permit for the relevant works. In this case, the final judgment of the court shall indicate the damage caused as a result of the works, the amount of compensation and the term of payment.

Law of Georgia No. 5695 of 20 December 2019 – website, 26.12.2019

Law of Georgia No. 6908 of 15 July 2020 – website, 28.07.2020

Article 55¹. (Removed)🔗

Law of Georgia No. 528 of 21 November 2008 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia No. 1075 of 6 September 2013 – website, 25.09.2013

Article 56. Financing of the protection of cultural heritage🔗

The protection of cultural heritage shall be financed from:

a) the state budget;

b) the municipal budget;

b1

) the republican budget of the Autonomous Republic of Adjara;

c) with the funds of the owner (proprietor);

d) grants issued by international organisations;

e) donations;

f) the fee for the infrastructure of the rehabilitation area of cultural heritage;

g) those funds that are not prohibited by the legislation of Georgia.

Law of Georgia No. 5553 of 20 December 2011 – website, 28.12.2011.

Law of Georgia No. 6908 of 15 July 2020 – website, 28.07.2020.

Article 57. State benefits🔗

1. The State shall establish tax and other benefits in the field of the protection of cultural heritage.

2. Tax and other benefits in the field of the protection of cultural heritage shall be determined by the legislation of the relevant field.

Article 58. Liability for violation of the law🔗

Liability for violation of this Law, as well as of the rules for conducting archaeological works and works on monuments, shall be determined by the legislation of Georgia.

Article 59. Normative acts to be adopted (issued) in connection with the entry into force of the Law🔗

1. The following normative acts shall be adopted (issued) in connection with the entry into force of this Law:

a) Order of the Minister "On the procedure for conducting archaeological works and works on a monument";

b) Order of the Minister "On approval of the forms of the accounting documentation of a monument and the rules for completing them";

c) Order of the Minister "On approval of the forms of permits for works on a monument and archaeological works";

d) Order of the Minister "On the form and rules of use of the annotation plaque of an immovable monument";

e) Order of the Minister "On approval of the statute of the Council for the Protection of Cultural Heritage";

f) Order of the Minister "On approval of the list of objects of intangible cultural heritage and the form of the register";

g) Order of the Minister "On approval of the form of the contract to be concluded between the Ministry and the owner (lawful possessor) of a monument and the form of information to be submitted to the Ministry by the owner (lawful possessor)";

h) Decree of the President of Georgia "On approval of the list of monuments of increased public interest and the procedure for admission of the public to them by the owner (lawful user)";

i) Resolution of the Government of Georgia "On the rules for developing protection zones of cultural heritage";

j) Law of Georgia "On regulation of professional activity in the field of cultural heritage".

2. The Ministry shall, before 1 January 2020, ensure the re-registration, in accordance with this Law, of the monuments entered in the State Accounting Register of Monuments and the objects entered in the list of objects bearing the sign of a monument before the entry into force of this Law.

3. Legal acts issued before the entry into force of this Law concerning the entry of cultural heritage monuments in the State Register of Immovable Monuments, the conferral on them of the category of national significance, the approval of the list of objects bearing the sign of a monument and the establishment of protection zones of cultural heritage monuments shall, until their registration in accordance with the procedure established by this Law, be considered as issued in accordance with this Law.

4. (Deleted – 06.09.2013, No. 1075).

Law of Georgia of 21 November 2008 No. 528 – LHG I, No. 34, 04.12.2008, Art. 212

Law of Georgia of 26 October 2010 No. 3740 – LHG I, No. 62, 05.11.2010, Art. 380

Law of Georgia of 6 September 2013 No. 1075 – website, 25.09.2013

Law of Georgia of 7 December 2017 No. 1628 – website, 14.12.2017

Law of Georgia of 5 July 2018 No. 3043 – website, 11.07.2018

Article 60. Normative act invalidated in connection with the entry into force of the Law🔗

Upon the entry into force of this Law, the Law of Georgia of 25 June 1999 "On the Protection of Cultural Heritage" (Legislative Herald of Georgia, No. 33(40), 1999, Art. 167) shall be declared invalid.

Article 61. Entry into force of the Law🔗

1. This Law, except for paragraph 9 of Article 47, paragraph 10 of Article 52 and paragraph 1 of Article 54, shall enter into force on the fifteenth day after publication.

2. Paragraph 9 of Article 47, paragraph 10 of Article 52 and paragraph 1 of Article 54 of this Law shall enter into force upon the entry into force of the Law of Georgia “On Regulation of Professional Activity in the Field of Cultural Heritage”.

President of Georgia

M. Saakashvili

Tbilisi,

8 May 2007.

No. 4708–Is