Can a foreigner buy an apartment in Georgia, and how: what to do under Georgian law

What to do

1. The right to buy: a foreigner may own, inherit and bequeath any property in accordance with Georgian law (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 32). This right may be restricted only by legislative act, as is the case with agricultural land (Law on the Legal Status of Aliens and Stateless Persons, Art. 32). Neither a residence permit, nor citizenship, nor a Georgian bank account is required by law. Payment is governed by the contract, and a non-cash payment is the best evidence. Exception: agricultural land may belong to a foreigner only if it was acquired by inheritance (Law of Georgia on Ownership of Agricultural Land, Art. 4).
2. Transfer of title: ownership passes upon a written contract and registration of the buyer's title in the Public Registry (Civil Code, Art. 183). The application to the Public Registry is filed through the Public Service Hall.
3. Check before payment: the registry extract shows rights, restrictions, tax liens or mortgages, and the register of debtors (Law on Public Registry, Art. 10). For the buyer, a seller registered as owner is considered the owner unless the buyer knew otherwise (Civil Code, Art. 185). When buying in instalments or from a developer, the right may be preliminarily registered; this blocks other rights arising from transactions (Law on Public Registry, Art. 12).
4. Language and representative: notarial acts are performed in Georgian. If a participant does not speak the state language, an interpreter takes part (Law of Georgia on Notaries, Art. 6). A buyer abroad: a document issued abroad (for example, a power of attorney) will be accepted by the notary only if legalised or bearing an apostille (Law on Notaries, Art. 55).
5. Related issues: a residence permit is not needed to buy. Conversely, ownership of non-agricultural immovable property with a market value above USD 150,000 is a ground for a short-term residence permit (a separate question) (Law on the Legal Status of Aliens and Stateless Persons, Art. 15). Taxes on the purchase and on ownership are a separate matter.
6. Where to apply: the National Agency of Public Registry / the Public Service Hall; a notary (with an interpreter); the court, in disputes.
7. Evidence: passport (with a translation if necessary), the sale and purchase contract, a recent registry extract, payment documents, a power of attorney with an apostille, the act of transfer.
8. Pitfalls: believing that a residence permit is required to buy; buying agricultural land attached to a house, which a foreigner cannot own; paying before checking the registry extract, or, when buying from a developer, without preliminary registration; signing a Georgian-language contract without a translation.

Be sure to check

• a foreigner may buy non-agricultural property; no residence permit required; agricultural land only by inheritance
• a written contract plus registration in the Public Registry; checking the extract
• an interpreter for notarial acts; a power of attorney from abroad must bear an apostille
• the link with the short-term residence permit based on property (threshold) is a separate question