Dispute with neighbours: what to do under Georgian law

What to do

1. Classify the problem: nuisance / damage / common property of the building / construction or boundary.
2. Nuisance: noise, smells and vibrations must be tolerated only if they do not interfere with use or are insignificant (Civil Code of Georgia, Art. 175). If they must be tolerated but exceed what is usual for the locality, monetary compensation is due (Art. 175). The owner may demand that the interference stop, and if it continues, go to court (Civil Code of Georgia, Art. 172). Noise: exceeding permissible noise levels in a residential building is punishable by a fine of 150 lari for an individual, higher on repeat (Administrative Offences Code of Georgia, Art. 77¹). Daytime construction and repair work does not fall under this article (Art. 77¹); to record it, call the police or the municipality's authorised service.
3. Flooding: a person who caused harm unlawfully, intentionally or negligently must compensate it (Civil Code of Georgia, Art. 992). An owner must use their own and common property so as not to harm others (Law of Georgia on Apartment Owners' Associations, Art. 21), and must admit people into the flat to repair common utilities, with the resulting damage compensated (Art. 21). Immediately draw up an inspection report, take photos, obtain an estimate and send a written claim. The limitation period for compensation of damage is 3 years from when the injured party learned of the harm or of the liable person (Civil Code of Georgia, Art. 1008).
4. Common property of the building: stairs, corridors, roofs and facades may be assigned for use only by a unanimous decision of all members of the association (Law of Georgia on Apartment Owners' Associations, Art. 6). The association may sue an owner who breaches their obligations (Art. 21).
5. Construction and boundary: one may demand a ban on construction that clearly and unacceptably impairs use of the plot (Civil Code of Georgia, Art. 176). The construction supervision body may suspend unauthorised construction and decide on its demolition (Spatial Planning, Architectural and Construction Activities Code of Georgia, Art. 127). An unintentional encroachment of a structure onto a plot must be tolerated if no objection was made in advance or immediately upon discovery (Civil Code of Georgia, Art. 179). If the exact boundary cannot be established, the neighbours' actual possession decides (Art. 181).
6. Where to apply: police or municipality (noise); the apartment owners' association (ამხანაგობა); municipal construction supervision; court; mediation.
7. Evidence: inspection report signed with the association's chairman or the neighbours, photos and video, noise recordings with dates, police reports, estimate or expert report, registry extract, cadastral plan.
8. Pitfalls: flooding without immediate recording, since the cause and extent cannot be proved later; missing the limitation period for damage; silence when a neighbour starts building on the boundary, after which you will have to tolerate it; self-help in response (removing a door, cutting off the water), which creates liability on your side.

Be sure to check

• legal classification: nuisance / damage / common property / construction and boundary
• how to record evidence
• where to apply: police or municipality, the association, construction supervision, court
• limitation period for damage