Apartment handover in Georgia: the defects checklist

What is the handover of a new apartment?

The handover is the day the developer gives you the keys and you confirm that the apartment matches the contract. In Georgia no law prescribes a handover act for flats: the Civil Code only says that a buyer must accept what was bought, and in a contract for work that the client must accept the finished work. The handover act, called the acceptance and transfer act (მიღება-ჩაბარების აქტი), is a document of contract practice, and what it says depends on what you write into it.

That is why the visit matters. Under the Civil Code, a client who knows of a defect and accepts the work without raising it loses the claim for that defect, and a buyer has no rights for a defect he knew about when the contract was made. A defect you see, say nothing about and sign over is, in practice, a defect you have accepted. This checklist helps you find the problems while the developer still has a reason to fix them.

What to check before the handover day

Three things should be settled before you walk through the flat.

• The commissioning act. Under the Spatial Planning Code a building may not be used, and may not be supplied with electricity or natural gas, until it has been formally accepted into operation, except for supply during construction while the permit is valid. Ask for a copy of the act, or check the project on the Tbilisi City Hall construction map, which shows buildings accepted into operation and sites where work has been suspended.
• Registration. If you registered a preliminary ownership right during construction, check how and when the developer will register the finished unit in your name, and order a fresh registry extract on the day.
• Your contract's terms. Read the clauses on the area, the finishing level, the deadline for reporting defects and any warranty period. Our 12 clauses for a developer contract lists what those clauses should say.

What to bring

A tape measure or a laser distance meter, a long spirit level or a straight rule, a torch, a phone charger or a small lamp to test the sockets, a notebook, a pen, and a phone with enough storage for photos and video. Bring your contract with its floor plan and specification, and the developer's description of the finishing level: black, white or green frame. If you can, bring someone who knows building work. Plan for two hours, and go in daylight.

The handover checklist

Tick each line as you go and photograph anything that is not right, with something in the frame for scale.

Documents and keys

• Commissioning act for the building Or the project shown as accepted on the City Hall map.
• Floor plan and specification from the contract The layout and materials should match.
• All keys, entrance cards and remote controls Count them and write the number into the act.
• Warranty documents for installed equipment Boiler, radiators, windows, intercom, appliances if included.

Area and layout

• Room dimensions Measure each room and compare with the plan.
• Ceiling height Measure in several places, especially under beams.
• Positions of walls, doors and windows A moved partition changes the flat you bought.

Walls, floors and ceilings

• Cracks in plaster Note their length and direction; diagonal cracks near openings deserve an expert's eye.
• Walls straight and vertical Hold the level against several walls.
• Floor screed even and solid No hollow sound when tapped, no visible dips.
• Damp and mould Look at corners, behind radiators and on ceilings under bathrooms.

Windows, doors and balcony

• Windows open, close and lock Check every handle and the seals around each frame.
• No scratches or cracked glass Damage noticed later is hard to attribute.
• Entrance door fits and locks Check the gaps and the lock with every key.
• Balcony waterproofing and drainage Water should run away from the wall, not towards it.
• Railings firm and at a safe height Push them; nothing should move.

Electrics

• Every socket and switch works Test each one with your charger or lamp.
• Electrical panel labelled One breaker per circuit, with a residual current device.
• Earthing in the bathroom and kitchen Ask to see it, or have an electrician test it.

Water, sewage, heating, gas and ventilation

• Water pressure and no leaks Run every tap for a few minutes and look underneath.
• Drains run freely Fill and empty the sinks, the shower tray and the bath.
• Heating system tested under pressure Ask for the test record, or watch the gauge.
• Gas pipe and meter in place Supply only follows commissioning; ask when the connection is planned.
• Ventilation draws air Hold a sheet of paper to the kitchen and bathroom vents.
• Meter numbers and readings Electricity, water and gas, written into the act.

The building and common areas

• Lift working and certified Its test record is part of the commissioning file.
• Fire doors, alarms and extinguishers Check the stairwell and corridors on your floor.
• Entrance, intercom and lighting The parts you will use every day.
• Parking space or storage room If bought, its number and boundaries as in the contract.

What if the area is smaller than in the contract?

Measure the flat before you sign anything. The Civil Code treats delivery of a smaller quantity than agreed as a material defect of the thing sold, and for goods short in quantity it lets the buyer pay in proportion to the contract price. How these rules apply to the square metres of an apartment depends on your contract: many developer contracts contain their own clause on area differences, with a tolerance and a price adjustment in one or both directions. Compare the measured area with the contract area and with the cadastral drawing prepared for registration, and if they differ beyond the contract's tolerance, write the figure into the act before you sign.

What the handover act should say

• The date, the address, the unit number and both parties.
• The measured area and any difference from the contract.
• Every defect you found, numbered, with a reference to your photos.
• A deadline for the developer to fix each defect.
• The meter numbers and readings for electricity, water and gas.
• The number of keys, cards and remote controls handed over.
• The words "accepted with remarks" if you accept the flat but defects remain.

Keep a signed copy. If the developer refuses to record your remarks, put them in a written letter the same day and keep proof that it was delivered.

Your rights if defects show up later

Defects do not always appear on the first day. The remedies depend on whether your contract is a sale or a contract for work, and a lawyer should read it if a dispute begins.

• Under a sale contract, the seller must remedy the defect at his own cost, and may refuse only if that would cost disproportionately much. If the defect is not remedied, the buyer may ask for a price reduction equal to the cost of the repair, or terminate the contract and recover his expenses, and may claim damages under the general rules.
• Under a contract for work, the client may demand that the contractor fix or redo the work; if the deadline for that passes, the client may fix the defect himself and claim the cost, ask for an advance to cover it, reduce the payment or withdraw from the contract.
• Time limits. Under a contract for work, defect claims must be made within one year of acceptance, and within five years for claims about structures. Contractual claims relating to immovable property generally have a six-year limitation period, counted from when you knew or should have known of the problem.
• Warranties and exclusions. A warranty period set in the contract means a defect found within it gives rise to a claim. A contract may limit the developer's liability, but not for a defect that was intentionally concealed.

Should you hire an inspector?

For a flat in black or white frame, an expert's visit is often worth its cost. Inspection firms in Tbilisi check waterproofing, cracks, the geometry of walls and screed, earthing and residual current devices, ventilation next to gas appliances and the pressure in the heating system, using levels, airflow meters and testers. One firm lists its price from GEL 3 per m², so a check of an 80 m² flat starts at around GEL 240. Ask for a written report with photos, and attach it to the handover act.

Joining the owners' association

A building with more than two individually owned apartments on one plot has an owners' association by law, and you become a member from the moment your ownership arises. Members share the costs of maintaining the common property in proportion to their share, and not using a common area does not release you from paying for it. With the members' meeting's agreement, the association's chair may register a member's debt of more than GEL 500 in the Public Registry as an encumbrance on the flat. Ask at handover who manages the building, what the monthly fee is and how it is paid. Market sources put basic service at GEL 20-40 a month, and complexes with concierge and round-the-clock security at $0.4-1.5 per m² a month.

Meters and utility accounts

Permanent electricity and gas can only be supplied after commissioning, so in a new building the meters and accounts are often still being set up at handover. Record every meter number and reading in the act, ask the developer which accounts are already open and in whose name, and transfer them to yours as soon as you are registered. Our guide to utilities in the new owner's name explains how.

Handover when you buy a resale flat

A resale flat changes hands on completion rather than after construction, but a short handover still pays off. Agree in the sale contract on the day the seller moves out, walk through the flat with the seller, record the meter readings, count the keys, list the furniture and appliances included, and ask for the last paid bills and the association's confirmation that no fees are owed. A defect the seller knew about and kept quiet cannot be excluded by the contract.

Risks and exceptions

• Signing a clean act. A defect you saw and did not record is hard to claim later.
• No commissioning act. The building may not be used, and permanent electricity and gas may not be supplied.
• Unmeasured area. A shortfall found after signing is harder to argue.
• Verbal promises. "We will fix it next week" needs a date in the act.
• Unknown association fees. Unpaid fees over GEL 500 can be registered against the flat.

Frequently asked questions

Is a handover act required by law in Georgia?

No. It is a document of contract practice, but it is your main evidence of the flat's condition on the day you received it.

Can I refuse to accept a flat with defects?

You can refuse to sign a clean act and record the defects with a deadline; whether you can refuse the flat itself depends on the defects and on your contract.

How long can I claim for defects?

It depends on the contract: under a contract for work, one year from acceptance and five years for structures; for contractual claims on immovable property the general limitation period is six years.

Should I accept a flat before the commissioning act?

No. Until the act is issued the building may not be used and cannot get permanent electricity or gas.

What if the measured area is smaller?

Write the measured figure into the act and apply your contract's clause on area differences; without such a clause, ask a lawyer.

Do I need an inspector?

For a new flat it is often worth it; prices start from about GEL 3 per m² at one Tbilisi firm.

When do I join the owners' association?

Automatically, from the moment your ownership arises, and you share its costs from then on.

Can I do the handover from abroad?

Yes, through a representative with a power of attorney and an inspector, with a video walk-through for you.

Sources

1. Civil Code of Georgia (Articles 129-130, 477, 487-497, 639-656), Legislative Herald of Georgia (accessed 14 October 2026)
2. Spatial Planning, Architectural and Construction Activities Code of Georgia (Articles 139 and 139.1), Legislative Herald of Georgia (accessed 14 October 2026)
3. Government Resolution No 255 on construction permits and commissioning, Legislative Herald of Georgia (accessed 14 October 2026)
4. Law of Georgia on Homeowners' Associations, Legislative Herald of Georgia (accessed 14 October 2026)
5. Tbilisi launches map to verify construction project status, Georgia Today, 27 November 2025 (accessed 14 October 2026)
6. Real Estate 2026: Georgia, Chambers and Partners (MB Legal) (accessed 14 October 2026)
7. Building service fees, Housebook, 28 November 2025 (accessed 14 October 2026)
8. Apartment acceptance inspection: services and prices, Expertebi.ge (accessed 14 October 2026)

Change log

• 14 October 2026 - Checklist published from the Civil Code, the Spatial Planning Code, Resolution No 255 and the Law on Homeowners' Associations.