Building permit / illegal construction: what to do under Georgian law

What to do

1. Regime: structures of classes II–IV require a permit (class I generally requires only a notification) (Spatial Planning, Architectural and Construction Activities Code (Construction Code), Art. 94); there are two stages, conditions for use of the plot and then the permit, and each is a separate proceeding (Construction Code, Art. 101).
2. Deadlines: the decision to grant or refuse is made within 20 working days (Construction Code, Art. 107); if no decision is made in time, the permit is deemed issued (Construction Code, Art. 107). Check the reasoning of any refusal and the urban planning parameters; a negative expert opinion obliges the body to refuse (Construction Code, Art. 107).
3. Refusal: a refusal is appealed either to the superior body OR directly to court (Law on Licences and Permits, Art. 28); the complaint must be filed within 1 month of official familiarisation with the refusal (GAC, Art. 180), and a missed deadline is restored for a valid reason (GAC, Art. 180); the court claim must be filed within 1 month of receiving the refusal (APC, Art. 23); after a complaint, within 1 month of the decision on it or of the expiry of the period for making it (APC, Art. 22).
4. A neighbour's construction: a person whose legitimate interests are directly affected by the construction is party to the permit proceedings (Construction Code, Art. 110); the construction supervision body inspects the construction, including on the complaint of an interested person (Construction Code, Art. 118); supervision may suspend the construction and order its demolition (Construction Code, Art. 127); the fine for building without a permit is 6,000 / 4,000 / 1,000 lari (self-governing city / city / town or village) (Construction Code, Art. 130). In parallel, the neighbour may bring a civil claim to stop the interference.
5. Your own construction without a permit: a structure that complies with the law may be legalised by obtaining a permit (fine receipt, expert examination, measurements) (Construction Code, Art. 112); a supervision order is appealed within 15 calendar days of familiarisation with it, but an appeal does not stop demolition or suspension (Construction Code, Art. 128).
6. Where to apply: the executive body of the municipality (architecture service), for issuing a permit; the superior body or the district (city) court, for a refusal; municipal construction supervision, for illegal construction.
7. Evidence: the application with documentation, the refusal act and the date it was received, an expert opinion, an extract from the Public Registry, photos or video of the construction.
8. Pitfalls: after the deadline expires, check whether the permit is already deemed issued instead of waiting for a reply; a refusal at each stage is appealed separately.

Be sure to check

• which body, under which code, the issuance deadlines and the consequence of silence
• two routes for appealing a refusal (superior body or court) and their one-month deadlines
• the route when a neighbour builds illegally, and how to legalise your own structure