Handover act: the paper that records the day you receive a flat
A handover act (მიღება-ჩაბარების აქტი) is a private document, signed by the party handing over a flat and the party receiving it, that records the physical delivery: the date, the keys, the condition, the measured area, the meter readings and the defects found.
It is also called a handover protocol or an acceptance and transfer act; all three names translate the same Georgian phrase. No Georgian statute prescribes the act for flats. Its weight comes from general rules of the Civil Code: Article 477(2) obliges a buyer to accept the thing bought, Articles 649 and 652 govern the acceptance of finished work, and Article 482(1) moves the risk of accidental loss or damage to the buyer when the property is transferred. Which set of rules applies to a particular developer contract depends on how that contract is qualified, a question we could not settle in general.
Readers who know Russia's 214-FZ should drop that model. Georgia has no special law on shared participation in construction, as the Tbilisi firm Just Advisors notes, so there is no statutory handover procedure, no legal deadline for it and no "unilateral act" that a developer may sign alone under a statute. Whatever the parties agree in the contract fills that space.
The same Georgian words also head a tenant's move-in inventory, a use our rental agreement template deals with.
Why a signature on the act has legal consequences
The act itself is short, but several Civil Code rules start running, or stop, from the moment it is signed. That is why the wording next to the signature matters more than its layout.
| Article | Rule | Link to the act |
|---|---|---|
| 477(2) | The buyer must accept the purchased thing | Accepting is a duty, not a favour to the seller |
| 649 | The client must accept work; it is deemed accepted if not accepted within the period fixed by the contractor | Staying away does not stop acceptance |
| 652 | Knowingly accepting defective work without reserving a claim loses that claim | Remarks must be written in the act |
| 494(2) | No rights for a defect known when the contract was concluded | Looks at the signing date, not at handover |
| 482(1) | Risk of accidental loss or damage passes on transfer, unless agreed otherwise | The act's date fixes that moment |
| 655 | Claims for work defects: 1 year, 5 years for structures, from acceptance | The act's date starts the clock |
Contractual claims about immovable property have a 6-year limitation period under Article 129(1), counted from when the person learned or should have learned of the breach under Article 130(1). Our guide to the property sale contract shows how risk and known defects play out in the sale clauses.
What the act cannot do: title and official area
A handover act transfers possession, not ownership. The Public Registry registers ownership of a building unit on the title document and the construction documentation, and once the building is finished on the commissioning document, under Article 16(1) of the Instruction on the Public Registry, Order No 487, as reworded by Order No 993 of 26 March 2024. A handover act is not among the grounds, and we found no sign that the registry accepts one even as supporting evidence. Ownership arises on registration (Civil Code Art. 183), so a signed act does not make you owner, and a registered title does not prove the flat was ever handed over.
The area written in the act matters for a different reason: a shortfall against the contract can be a defect. Under Article 488(2), delivering a smaller quantity counts as a defect unless it cannot significantly affect performance, and under Article 493(1) the buyer may refuse or pay in proportion, though how that applies to square metres depends on the contract. Since 1 January 2025 internal measurement drawings follow Government Resolution No 315 of 3 October 2024: a straight side up to 10 m may be off by no more than 0.05 m, and areas are rounded to 0.01 m². Citing the drawing, its date and that standard in the act gives both sides the same yardstick; our total area entry explains what the figure includes.
Charges and utilities: who pays from which day
Beyond defects, the act is the natural place to fix the day from which running costs become yours.
- Association charges: under the Law on Homeowners' Associations, membership begins when ownership arises (Art. 19(5)), and a new owner is jointly liable for the previous owner's unpaid association obligations (Art. 14(6)). A dated act, read with the date of registration, shows which months belong to whom. See the homeowners' association entry.
- Gas connection: since 1 July 2026, under GNERC Resolution No 14 of 4 June 2026, connecting a new household costs GEL 1,100 including VAT in self-governing cities and GEL 800 elsewhere, takes 60 working days, and the owner builds the internal network. The act can say whether the developer has already paid.
- Meters: for a permit issued from 1 January 2022, permanent gas and electricity may only follow commissioning (Spatial Planning Code Art. 139.1), so in a new building the meters may still be in progress on handover day. Record the meter numbers that exist and note those that do not.
Putting the accounts in your name afterwards is covered in our guide to utilities for a new owner.
How a Georgian handover act reads on paper
The usual heading is ბინის მიღება-ჩაბარების აქტი, "act of acceptance and handover of a flat"; Russian-language versions say акт приёма-передачи квартиры. There is no official form, so layouts differ, but the usual blocks come in roughly this order:
- Header: the title, the city, the date and, usefully, the time.
- Recitals: the parties with their ID details, and the contract the act performs, by number and date.
- Object: the unit number and cadastral code, the measured area beside the contract area, and the finishing level as defined in the contract annex, such as white frame.
- Body: defects, each with a repair deadline, then meter numbers and readings and the count of keys or access cards.
- Closing line: "accepted with remarks" or "accepted without remarks", followed by both signatures.
The closing line is where Article 652 bites; the sale rule in Article 494(2) looks only at what the buyer knew on signing the contract. Some developer contracts reportedly add a clause that a flat counts as handed over if the buyer fails to appear within a set number of days after notice, mirroring Article 649; we could not confirm how common such a clause is or what periods are used, so read your own contract for it. On a resale the act is shorter and is often signed with the notarised sale or on the seller's move-out day. The act appears neither on the registry extract nor in property listings.
Worked example: one flat, two ways to sign
Our illustration with round figures; the flat and the defects are invented.
A buyer's contract describes a flat of 80.00 m² in white frame. The building has its commissioning act, and the developer invites the buyer to collect the keys. The internal measurement drawing, made under Resolution No 315, shows 78.40 m², and the buyer finds a cracked window pane, a missing radiator valve and a door that does not close.
Version A. The buyer signs a one-line act saying the flat was "received". If the contract counts as one for work, a court may treat the three visible defects as accepted under Article 652; Article 494(2) would not apply, since the buyer did not know of them on signing. The shortfall of 1.60 m² is not mentioned, so the buyer starts any argument about Article 488(2) without a dated record.
Version B. The buyer writes "accepted with remarks", lists the three defects with a repair date for each, records 78.40 m² against 80.00 m² with the drawing's date, and keeps one signed original. The reserved claims stay alive, any period under Article 655 starts on a known day if the contract counts as one for work, and the risk passes on that same day.
What the buyer can then demand for the missing area depends on the contract; our apartment handover checklist covers the inspection itself, and the guide to developer delays covers a handover that does not happen on time.
Handover act and its neighbours: easily confused
| Paper | Who signs or issues it | What it proves |
|---|---|---|
| Handover act | Seller or developer and the buyer | Possession, condition and defects of one unit, under private law |
| Commissioning act | Issued by the municipality to the developer | The whole building matches its permit and may be used, under public law |
| Sale contract and registration | Seller and buyer; then the Public Registry | The obligation to transfer, then ownership |
| Defects list | Annex or part of the act | Which defects were reserved |
| Lease inventory | Landlord and tenant | The condition a tenant must return |
Keep the first two rows apart: a developer who says "the act is signed" may mean the municipal commissioning act, which does not hand anything to you.
The term in five languages
| Language | Name of the document |
|---|---|
| Georgian | მიღება-ჩაბარების აქტი |
| English | handover act, also handover protocol |
| Russian | акт приёма-передачи |
| Hebrew | פרוטוקול מסירה |
| Arabic | محضر التسليم |
Georgian contracts and the act's own heading use მიღება-ჩაბარების აქტი, literally "act of receiving and handing over", often with ბინის ("of the flat") in front.
Mistakes that weaken a handover act
- Signing "received" and nothing else. Without "with remarks", visible defects may count as accepted.
- No date, or only a month. Risk, limitation periods and charges all hang on the day.
- Contract area copied instead of measured. Write the area from the measurement drawing, with its date.
- Defects without deadlines. A list with no repair dates gives nothing to enforce.
- Only the developer keeps an original. Leave with your own signed copy.
- Treating the act as proof of title. Ownership comes only from registration.
To be added by the team: items for the team to add: a redacted handover act signed "accepted with remarks" with its defects annex, a redacted page of an internal measurement drawing under Resolution No 315 showing the total area, and 1 or 2 anonymised developer contract clauses on deemed handover, obtained through the partner lawyer.
How to sign a handover act that protects you
Confirm commissioning
See the building's commissioning act first.
Bring the drawing
Measured area under Resolution No 315.
Inspect and list
Number each defect and set a repair date.
Read the meters
Write numbers and readings, or note their absence.
Choose the closing words
"Accepted with remarks" if anything is open.
Keep an original
Signed by both sides, dated to the day.
Frequently asked questions
What is a handover act in Georgia?
A private document recording the delivery of a flat: date, keys, condition, area, meters and defects.
Is a handover act required by law?
No statute prescribes it for flats; its effect comes from Civil Code rules on acceptance.
Is it the same as a handover protocol?
Yes. Both names, and "acceptance and transfer act", translate მიღება-ჩაბარების აქტი.
Does signing it make me the owner?
No. Title passes only when the Public Registry records it, under Civil Code Article 183.
Why write "accepted with remarks"?
For work, knowingly accepting defects without reserving a claim loses the claim (Art. 652).
When does the risk pass to me?
On transfer of the property, unless the contract says otherwise, under Civil Code Article 482(1).
Can the developer hand over without me?
For work, acceptance can be deemed if you do not accept in time (Art. 649); check your contract.
Does the registry use the handover act?
No. It registers the title document and the measurement drawing's area.
Sources
- Civil Code of Georgia (Articles 129, 130, 183, 477, 482, 488, 493, 494, 649, 652, 655), Legislative Herald of Georgia
- Instruction on the Public Registry, Order No 487 of 31 December 2019 (Article 16), Legislative Herald of Georgia (accessed 28 October 2026)
- Government Resolution No 315 of 3 October 2024 on internal measurement drawings, Legislative Herald of Georgia (accessed 28 October 2026)
- Law of Georgia on Homeowners' Associations (Articles 14, 19), Legislative Herald of Georgia
- GNERC Resolution No 14 of 4 June 2026 on gas connection fees, Legislative Herald of Georgia
- Spatial Planning, Architectural and Construction Activities Code of Georgia (Article 139.1), Legislative Herald of Georgia
- Government Resolution No 255 of 31 May 2019 on permits and commissioning, Legislative Herald of Georgia
- Buying property in a new development in Georgia, Just Advisors
Change log
- - Glossary entry published from the Civil Code of Georgia, the Instruction on the Public Registry, Government Resolutions No 315 and No 255, the Law on Homeowners' Associations, GNERC, the Spatial Planning, Architectural and Construction Activities Code and Just Advisors.