Georgian property law on one screen
Georgian property law is short, written and public. Almost everything a foreign owner needs sits in a handful of texts: the Constitution, the Civil Code, the Law on the Public Registry, the Spatial Planning, Architectural and Construction Activities Code, the Law on the Legal Status of Aliens and Stateless Persons, the tax rules and the anti-money-laundering law. All of them are published in English on the Legislative Herald of Georgia, matsne.gov.ge, and each one has a consolidated version that shows the text as it stands today. This guide reads those texts for a foreign owner. It explains what Georgian law treats as real property, what rights an owner has and where those rights stop, how the register protects a buyer and where it does not, how co-ownership, mortgages, tenancies and building rules work, what happens to the property when the owner dies, and which time limits apply to a claim. The practical purchase, step by step, is in the separate guide to buying property in Georgia; this page is the legal map behind it.
| Question | Main text | What it settles |
|---|---|---|
| Who may own land | Constitution of Georgia, Article 19 | Agricultural land is reserved for the State, municipalities, Georgian citizens and their associations |
| What ownership means | Civil Code, Articles 147 to 173 | Things, immovable property, the content of ownership, co-ownership |
| How ownership passes | Civil Code, Articles 183 to 185 and 208 | Written transaction plus registration; protection of the buyer |
| What the register proves | Civil Code, Article 312; Law on the Public Registry | Presumption that entries are accurate and complete; public access |
| Rights over someone else's property | Civil Code, Articles 233 to 253 and 286 to 303 | Superficies, usufruct, easements, mortgage |
| Sale, gift and tenancy | Civil Code, Articles 487 to 606 | Seller's warranties, gift, rental and lease contracts |
| Building and changing a building | Spatial Planning, Architectural and Construction Activities Code | Building classes, permits, unauthorised construction, legalisation |
| Family and inheritance | Civil Code, Books Five and Six | Matrimonial property, heirs, wills, compulsory share |
| Residence through property | Law on the Legal Status of Aliens and Stateless Persons | Short-term and investment residence permits |
| Money checks | Law on Facilitating the Prevention of Money Laundering | Client identification and source-of-funds questions by banks and notaries |
Three ideas run through all of it. First, a foreign owner has the same rights as a Georgian owner once the property is registered; the law does not create a second class of ownership for foreigners, apart from the agricultural land rule. Second, the Public Registry is the centre of the system: rights over real property exist against the world when they are registered, and the register is presumed to be right. Third, the law protects a buyer who acts in good faith on the strength of the register, and stops protecting a buyer who knew that something was wrong. Most of the rest follows from those three ideas.
How to test the legal position of a property
A lawyer looking at a Georgian property asks the same questions in roughly the same order. The order matters because each answer decides whether the next question is worth asking. These are the seven questions, written as steps you can follow with your own adviser.
Identify the thing
Find the cadastral code and confirm what is registered under it: a land plot, a building, or a flat as a separate object of individual ownership. Check that the area, address and use in the register match what is being sold.
Check the land category
Confirm that the land is not agricultural, or that the flat sits on land that is not. A foreign buyer cannot acquire agricultural land, so this question can end the deal at the first step.
Identify every owner
Read who is registered as owner, in what shares, and whether a spouse or another co-owner may have a claim the register does not show. Ask who must sign and who must consent.
Read the encumbrances
List every mortgage, seizure, lien, tenancy, easement or other right registered against the property, and decide which must be removed at or before the sale and how that will be proved.
Check the building's legal status
For a building or a flat, confirm that what was built matches the permit and the project, and whether any floor, extension or change of use is unauthorised or awaiting legalisation.
Check the seller's capacity
Confirm that the person signing may sell: an owner with full capacity, a representative with a specific power of attorney, or a company director with authority shown in the company register.
Fix the result in the contract
Write what was found into the contract: the seller's statements about defects and third-party rights, what is removed before registration, and what happens to the money if registration fails.
Our legal due diligence service runs these seven questions with a partner lawyer and reports the answers in writing before any payment. The rest of this guide explains the law behind each question.
What Georgian law treats as real property
The Civil Code starts from a wide definition. Under Article 147, property is all things and intangible assets that a person may possess, use and administer, and that may be acquired without restriction unless the law prohibits it or it contravenes moral standards. The default is freedom: a restriction has to be found in a law, not assumed.
Article 149 defines immovable things as a plot of land with its subsoil minerals, the plants growing on it, and buildings and other structures firmly attached to it. The idea behind this definition is that the land and what is built on it form one thing. Article 150 adds that an essential component part of a thing, one that cannot be separated without destroying the whole or the part, can be the object of separate rights only where the law allows it. In practice that means a house normally follows the plot it stands on, and someone who owns the land owns the house on it unless a specific legal right says otherwise.
Apartments are the main exception the law provides. Article 208 treats a flat or a non-residential space in a building as an object of individual ownership, acquired by a written agreement and registration of the buyer's ownership in the Public Register. The flat is registered as its own unit with its own cadastral code, and the owners of the flats in a building share the land and the common parts. That is why a buyer of a flat in a Tbilisi or Batumi block receives an extract for the flat itself, not for the whole building, and why the common parts of the building are managed collectively.
The second exception is superficies, explained below: a right to build on someone else's land, under which the building is registered as the property of the holder of the right rather than of the landowner. It is rare in residential deals but appears in some commercial and resort projects, and a buyer who meets it needs to understand that the building's future depends on how long the right lasts.
What rights does an owner have, and where do they stop?
Article 170 of the Civil Code describes ownership in one sentence: within the limits of the law and of contractual restraints, an owner may freely possess and use the property, exclude others from using it, and administer it. Administering includes selling, letting, mortgaging, giving away and bequeathing. The same article says that the right to use includes the right not to use: an owner may leave a flat empty.
Three limits are written into the same article and the articles around it.
- Neighbours and third persons. Ownership may not be exercised in a way that violates the rights of neighbours or others. The Code has a whole chapter on neighbouring tenements, starting at Article 174, which deals with noise, emissions, boundaries and access.
- Abuse of rights. Article 170(2) treats as abuse a use of property that causes damage to others without any evident interest of the owner or any real necessity. The owner's freedom is broad but not a licence to harm.
- Law and contract. Public law, especially planning and building law, limits what an owner may build or change. Contracts the owner signs, such as a tenancy or a mortgage, limit what the owner may do while they last.
None of these limits is specific to foreigners. A foreign owner registered in the Public Registry may let, sell, mortgage and bequeath on exactly the same terms as a Georgian owner. Ownership also does not depend on residence status, a visa or a Georgian bank account: the law ties the right to the register, not to the owner's nationality or presence in the country.
Who may own what: the one restriction
Article 19(4) of the Constitution reserves agricultural land, as a resource of special importance, for the State, self-governing units, Georgian citizens and associations of Georgian citizens, with exceptions that only an organic law may set. Everything else, residential and commercial, land and buildings, is open to foreign individuals and foreign-owned companies.
The rule is about the category of the land in the register, not about how the land looks. A plot in a village with a house and a garden can be registered as agricultural, and a plot at the edge of a resort town can be agricultural until its category is changed. Because the land and the building on it are normally one thing in Georgian law, a house on agricultural land carries the restriction with it. A flat in an apartment building is not affected, because the building sits on non-agricultural land.
The narrow exceptions, such as acquisition by inheritance, and the history of the rule are the subject of a separate guide in the list below. For the legal framework the point is simple: the land category is the first thing to read in the extract, and the answer can end the deal.
Registration: why the register decides
Article 183 of the Civil Code makes two things necessary to acquire ownership of immovable property: a transaction in written form, and registration of the acquirer's right in the Public Register. Neither one alone is enough. A signed contract without registration gives the buyer a claim against the seller, not ownership. A registration without a valid written transaction can be challenged and corrected.
The register is then protected by two presumptions. Article 312(1) says that the contents of the register are presumed accurate and complete until proved incorrect, and Article 5 of the Law on the Public Registry says the same of registered data. Article 312(2) goes further for a buyer: an entry is deemed accurate in favour of a person who acquires a right by a transaction from someone registered as holding it, unless a complaint against the entry has been filed or the acquirer knows that the entry is wrong. Article 185 repeats the idea for ownership: in the buyer's interest, the transferor is deemed to be the owner if registered as such, unless the buyer knew that the transferor was not the owner.
This is the legal basis of what is usually called good-faith acquisition. A buyer who relies on a clean, current extract is protected even if, behind the register, something was wrong with the seller's own title. The protection has two conditions, and both matter in practice.
- No registered complaint. If a dispute about the entry has been registered, the presumption does not help the buyer. A fresh extract on the day of signing shows whether one has appeared.
- No knowledge of the defect. A buyer who knew that the register was wrong, for example because the seller admitted that a relative also owns the flat, cannot rely on the presumption. Knowledge acquired during the deal counts, which is why a buyer's lawyer writes down what the seller says and deals with it before signing.
The register has limits that are just as important. Under Article 3(6) of the Law on the Public Registry, the registering body does not answer for whether the documents submitted to it are authentic. The register records what it is given; it does not investigate it. Registry data are public, and under Articles 6 and 10 of the same law anyone may obtain an extract, which means a buyer can and should read the register before paying, not after.
Co-ownership, spouses and the right of first refusal
Article 173 of the Civil Code covers common property, which can be joint or in shares and can arise by law or by a transaction. Each co-owner may defend the property against third persons, but may recover it only for all co-owners together. Costs of maintenance are shared equally unless the law or a contract says otherwise. And under Article 173(4) each co-owner has a pre-emptive right to acquire any share of the common property. A co-owner who wants to sell a share must therefore offer it on the same terms to the other co-owners before an outsider can buy it; a buyer of a share in a jointly owned flat should see that the other owners have waived that right.
The most common co-owner a buyer does not see is a spouse. Article 1158 of the Civil Code says that property acquired by spouses during marriage is their joint property unless a marriage contract provides otherwise, even if only one spouse earned the money. Article 1161 keeps as separate property what each spouse owned before the marriage and what either received by inheritance or gift during it. A flat registered in the name of one spouse may therefore belong to both under family law.
The Civil Code resolves the conflict in the buyer's favour where the register is silent. Article 312(3) says that when an owner transfers or encumbers immovable property, the consent of a co-owner is not required if that co-owner is not registered as such, and Article 312(4) presumes the registered transferor to be the sole owner in the buyer's interest, unless the buyer knew of another co-owner. The unregistered spouse's remedy then lies against the selling spouse, not against the property. Even so, a careful buyer asks for the spouse's written consent where the seller is married: it costs nothing, and it removes an argument before it starts.
For a foreign couple buying, the question runs the other way. Whether Georgian matrimonial property rules apply to them, or the law of their home country or of a marriage contract, is a question of private international law. The registry records exactly the owners and shares named in the contract, so the choice should be made deliberately before signing, with advice that covers both countries.
Rights over someone else's property: superficies, usufruct and easements
Besides ownership, the Civil Code recognises several limited rights over another person's immovable property. Each one is registered in the Public Register and each one binds a later buyer of the property.
- Superficies (Articles 233 to 241). A plot of land may be transferred to another person for a fixed period with a heritable and alienable right to build on or beneath it. The building is registered as the property of the holder of the right (Article 234), and when the right ends the building becomes part of the land again. A buyer of a building under superficies is buying something with an end date and should read how long the right lasts and what is paid for it.
- Usufruct (Articles 242 to 246). An immovable thing may be given to another person to use as if they were the owner, and to take its fruits, without the right to sell it. Usufruct appears in family arrangements, for example where parents give a flat to a child but keep the right to live in it. A buyer of a flat burdened with usufruct buys ownership without the use.
- Easements (Articles 247 to 253). A plot or building may be burdened in favour of a neighbouring property, for example with a right of way, a right to lay pipes or a restriction on building. An easement can also be personal, in favour of a named person. Easements matter most for houses and plots: an access road across the neighbour's land should be an easement in the register, not a verbal promise.
All three rights are the reason the encumbrance section of an extract deserves a slow reading. A registered right that does not suit the buyer must be removed before the purchase, priced into it, or accepted knowingly.
Mortgages, seizures and what survives a sale
Article 286 defines a mortgage as an encumbrance of an immovable thing that allows a creditor to receive satisfaction out of it before other creditors, by sale or by transfer of the thing into the creditor's ownership. A mortgage may also secure future or contingent claims if they can be determined when it is created. It is registered in the Public Register, and a mortgage follows the property: a buyer of a mortgaged flat takes it subject to the mortgage unless it is released.
On default, Article 301 allows the mortgagee to demand the sale of the property under the Civil Code and the Law on Enforcement Proceedings. Article 300 allows the property to be transferred to the creditor on a joint application by creditor and owner, and, where the parties agreed it, a notary may issue a writ of execution. Under both articles, unless the law or the parties provide otherwise, the secured claim is treated as satisfied even if the proceeds or the value of the property do not cover it in full. These rules matter to a foreign owner who borrows against Georgian property, and to a buyer who is told that a mortgage "will be paid off from the price".
Seizures and liens are different. They are not created by the owner's agreement but by a court, an enforcement officer or the tax authority, and they are registered to stop the owner disposing of the property while a debt or a dispute is unresolved. A property under seizure cannot be sold in the normal way until the seizure is lifted.
The Code also gives the buyer a contractual remedy. Under Article 489, a thing is free of legal defects only if no third person can assert a claim against the buyer, and a non-existent right that is still registered in the Public Register is itself a legal defect. A mortgage that the seller promised to remove, or a stale entry nobody bothered to delete, is therefore the seller's responsibility under the sale contract. The practical answer is still the same: the price is paid in a way that removes the encumbrance at the moment of registration, not on trust afterwards.
What the seller answers for: legal and material defects
A seller of property in Georgia does not just hand over the keys. Article 487 obliges the seller to transfer the thing free of legal and material defects. Article 488 says the thing is free of material defects if it has the agreed quality or, where nothing was agreed, is fit for the use intended under the contract or for customary use. Article 489, quoted above, defines legal defects as third-party claims and phantom registered rights. Articles 490 onwards set out what the buyer may ask for when a defect appears.
These rules are the default, and contracts often change them. A resale contract may say that the flat is sold as seen; a developer contract may define quality by a specification and limit the remedies. That is lawful within the limits the Code sets, and it is why the contract matters more than the statute in most disputes. A buyer should read what the contract says about defects as carefully as the price, and should insist that the seller's statements about the property, such as "no debts", "no tenants", "no unauthorised floors", are written into the contract as statements the seller stands behind.
Time matters too. Under Article 129(1), contractual claims relating to immovable property are subject to a six-year limitation period, against three years for ordinary contractual claims, and under Article 130 the period runs from when the person knew or ought to have known of the violation. A defect discovered years after the purchase may still be actionable, but evidence fades faster than the limitation period, which is one more reason to document the condition of the property at handover.
Apartment buildings: your flat, the common parts and the association
Owning a flat in Georgia means owning two things at once: the flat as an object of individual ownership, and a share in the common parts of the building and the land under it. Article 208 makes the flat itself transferable by written agreement and registration, like any other immovable property. The common parts, such as the staircase, the roof, the lift and the facade, are managed collectively by the owners.
The Civil Code's framework for this collective management is the apartment owners association. Article 1512 records that the old housing-construction cooperatives were abolished from 25 November 1997 and that apartment owners associations under Articles 208 to 232 are their legal successors. In practice a building's owners decide on maintenance, repairs and contributions together, and a new owner joins the arrangement already in place. In a new building the developer or a management company often runs the building for an initial period under the terms of the sale contract.
For a buyer the legal questions are practical: who manages the building now, what the monthly contribution is and what it covers, whether there are debts for past repairs, and whether the house rules restrict short-term letting, pets or alterations. These are not in the Public Register extract; they are asked of the seller and the association and, where the answers matter, written into the contract. A separate guide on associations is in the list below.
Letting the property: what the Civil Code says about tenancies
Most foreign owners let their property at some point, and the Civil Code governs the contract. Article 531 defines a rental contract as one under which the landlord transfers a thing to the tenant's use for a specified period and the tenant pays the agreed rent. The landlord must provide the property free of legal and material defects (Articles 533 to 535), and the tenant may ask for a reduction of rent if a defect reduces its usefulness (Article 536).
A few rules surprise owners from other systems.
- A tenancy survives a sale. Under Article 209, a person who acquires a rented flat takes the place of the landlord. A buyer of a flat with a tenant inherits the tenancy and its terms, so the buyer should read the lease, not just hear about it.
- Extension needs the landlord's consent. Under Article 560, a tenant on a fixed term may ask in writing, at least two months before the end, to extend the tenancy for an indefinite term, but only with the landlord's consent.
- Termination is in writing. Article 563 requires written termination of a tenancy. A text message may be evidence, but a signed notice is the safe form.
- Rental and lease are different contracts. Articles 581 to 606 regulate a separate lease contract, under which the user also takes the fruits of the property, used mainly for land and businesses. A residential letting is normally a rental contract.
Rental income is taxable, and registration with the tax authority is a separate step explained in the Invest & money section. Our rental management service uses written contracts built on these articles.
Building, extending and legalising: the planning rules
What an owner may build or change is governed by public law, principally the Spatial Planning, Architectural and Construction Activities Code, consolidated on 25 June 2026. The Code divides buildings and structures into five classes by risk (Article 96): Class I with the lowest risk, for which a simple building notice is generally enough, through Classes II to IV, up to Class V with increased technical risk. The class decides whether a notice or a full construction permit is needed and which authority deals with it.
The Code defines unauthorised construction (Article 3) as construction carried out without the legal grounds required by Georgian law, or in breach of construction documentation, where the function of a building is changed or the permitted gross floor area ratio is exceeded. In plain words: an extra floor, an extension, a closed-in balcony that changes the building's area beyond what was allowed, or a building used for something other than what was permitted. The Code also provides a procedure under which unauthorised construction can, in some cases, be legalised by the authority that issues permits, and a procedure of instructions and orders against offences in construction where it cannot.
This matters to a foreign buyer in three situations.
- Buying a flat in an extended building. Upper floors added to older buildings may or may not have been legalised. A flat on an unauthorised floor carries a risk that the extract alone may not show; the permit history of the building answers it.
- Buying off-plan. The developer's permit must cover the building being sold, including the number of floors. The New builds section explains how to check it.
- Renovating after purchase. Internal works within a flat are usually simple; anything touching load-bearing walls, the facade, balconies or the building's area may need a notice or a permit and the agreement of the other owners.
Tax and anti-money-laundering rules that touch property
Two sets of money rules apply to property owners, and neither changes who owns what; they decide what you pay and what you are asked.
Tax. There is no separate transfer tax or stamp duty on buying real estate in Georgia; VAT forms part of the price only when a VAT-registered seller is selling in the course of business. Under the Tax Code as amended on 30 September 2026, a building or flat owned by an individual is taxed only where the household earned more than GEL 100,000 in the year before. According to Andersen in Georgia, no personal income tax is due on the gain from selling residential property held for over two years, with a reduced rate in certain cases and the general rate otherwise. Tax residence depends on 183 days of presence in a 12-month period, not on owning property or holding a residence permit. These points are summarised here only because they shape legal decisions; rates and conditions are confirmed by an accountant for each case.
Anti-money laundering. The Law of Georgia on Facilitating the Prevention of Money Laundering and the Financing of Terrorism, adopted on 30 October 2019 and consolidated on 1 April 2026, places identification and monitoring duties on banks, notaries and other obliged entities. In a property deal this is why a Georgian bank or a notary may ask where the purchase money comes from and ask for documents that show it, such as a sale of another property, savings statements or a loan agreement. The question is not an accusation, and the documents are easier to collect at home before the trip than in Tbilisi during it. The list of obliged entities and the thresholds, checked against the Georgian text, are set out in our AML and KYC policy, which is under the lawyer's review.
Inheritance and wills: what happens to a foreigner's property
Property in Georgia does not disappear into a legal vacuum when a foreign owner dies, but it does not automatically follow the owner's home-country arrangements either. Book Six of the Civil Code sets out the Georgian rules, and how they combine with the law of the owner's country is a private international law question for a lawyer in each case.
Under Article 1328, the estate includes all property rights and all liabilities of the deceased at the moment of death, including a share in common property. Where there is no will, Article 1336 calls the first-degree heirs: the children, including a child born after the death, the spouse and the parents, who inherit in equal shares; grandchildren take the place of a parent who died earlier. Article 1344 allows a person to leave property by will to heirs or to anyone else, and Article 1358 describes the notarial will, recorded by a notary in the words of the testator in the presence of two witnesses.
A will does not have unlimited reach. Under Article 1371, regardless of the will, the children, parents and spouse of the testator are entitled to a compulsory share equal to one half of what each would have received without a will. A foreign owner whose home law gives complete freedom of testation should know that a Georgian court may apply this rule to Georgian property.
Acceptance is the step heirs most often miss. Under Article 1421, an heir accepts the estate by filing a declaration with a notary or by actually taking possession or administration of it, and under Article 1424 the estate must be accepted within six months after it is opened, which is normally the day of death. Article 1426 allows an extension in some cases, but an heir abroad who waits for a home-country probate process before acting in Georgia can run out of time. If no heir accepts and there is no will, Article 1343 sends the estate to the State.
The practical advice is short: a foreign owner should decide how the Georgian property passes, record it in a form that works in Georgia, tell the heirs where the documents are, and give someone a power of attorney to act quickly. Separate guides on inheritance and wills are in the list below.
Ownership and residence are separate rights
Owning property in Georgia does not by itself give the owner a right to live in Georgia, and living in Georgia does not require owning property. The two meet in the Law on the Legal Status of Aliens and Stateless Persons, which allows a short-term residence permit to a foreigner who owns non-agricultural real estate worth more than USD 150,000, assessed by an accredited valuer, and an investment residence permit at higher amounts. The permit depends on the property: under Article 21(11) of that law, the short-term permit ends when the ownership ends. The requirements, documents and fees are explained in the guide to a residence permit by property; legally, what matters here is that a sale, a gift or a division of the property can affect a permit that rests on it.
Disputes and time limits
Property disputes in Georgia are heard by the common courts, and parties to a contract may also agree on arbitration or try mediation before going to court. Which route is available depends on the contract and the type of dispute; the choice is best made when the contract is drafted, not when the dispute starts. A separate guide in the list below compares the routes.
Time limits run under the Civil Code whatever route is chosen. The general limitation period is ten years (Article 128(3)). Contractual claims are limited to three years, and contractual claims relating to immovable property to six years (Article 129(1)). The period starts when the person became or should have become aware of the violation (Article 130). A registered complaint against a registry entry, as explained above, also matters: it is the step that stops a later buyer from relying on the register while the dispute is pending.
For a foreign owner, the most useful preparation for a dispute is boring: keep the contract, the payment records, every extract, the handover act and the correspondence, in one place, with translations. A Georgian lawyer can do much more with a complete file than with a recollection.
Eight things foreign buyers believe that the law does not say
| Belief | What the law says |
|---|---|
| "The contract makes me the owner." | Ownership needs a written transaction and registration (Civil Code, Article 183). |
| "The notary checked everything." | The register does not vouch for documents (Law on the Public Registry, Article 3(6)); a notary certifies the transaction, not the wisdom of it. |
| "A foreigner has fewer rights as an owner." | Registered ownership gives the same rights to possess, use and administer (Civil Code, Article 170); only agricultural land is restricted. |
| "If the seller's spouse objects later, I lose the flat." | An unregistered co-owner's consent is not required and the registered seller is presumed sole owner, unless the buyer knew otherwise (Article 312(3)-(4)). |
| "A tenant has to leave when I buy." | A buyer of a rented flat takes the landlord's place (Article 209). |
| "My will at home covers my Georgian flat." | Georgian rules on compulsory shares and acceptance within six months may still apply (Articles 1371 and 1424). |
| "An extra floor is fine if people live there." | Construction without legal grounds or beyond permitted parameters is unauthorised until legalised (Spatial Planning Code, Article 3). |
| "Owning property gives me residence." | Residence is a separate permit with its own threshold, valuation and application, and it ends if the ownership ends. |
Legal terms in plain words
| Immovable thing | Land with what grows on it and what is firmly built on it; the basic unit of real property (Civil Code, Article 149). |
|---|---|
| Object of individual ownership | A flat or non-residential space in a building, registered and sold as a separate unit (Article 208). |
| Good-faith acquirer | A buyer who relies on the register without knowing that it is wrong and without a registered complaint; protected by Articles 185 and 312. |
| Common property | Property owned by several people jointly or in shares; each has a right of first refusal on the others' shares (Article 173). |
| Matrimonial property | Property acquired during marriage, owned jointly by the spouses unless a marriage contract says otherwise (Article 1158). |
| Superficies | A time-limited, transferable right to build on someone else's land (Article 233). |
| Usufruct | A right to use and enjoy someone else's property as if one were the owner, without the right to sell it (Article 242). |
| Easement | A burden on one property in favour of another property or a person, such as a right of way (Article 247). |
| Legal defect | A third-party claim against the buyer, or a non-existent right still shown in the register (Article 489). |
| Compulsory share | The half of an intestate share that children, parents and the spouse keep regardless of a will (Article 1371). |
| Unauthorised construction | Building without legal grounds or beyond the documentation, changing function or exceeding the permitted floor area ratio (Spatial Planning Code, Article 3). |
| Limitation period | The time within which a claim can be enforced: six years for contractual claims on immovable property (Civil Code, Article 129). |
Three legal situations, and the article that decides each
A flat sold by one spouse. A buyer finds a resale flat registered in the name of a married man. The register shows him as sole owner and no complaint. Under Article 312, the buyer who did not know of the wife's interest may rely on the register; the wife's claim, if any, is against her husband. If, during the viewing, the seller says that his wife co-owns the flat but will not sign, the buyer now knows, and the protection is gone. The safe course is the wife's written consent or no deal.
A house with an access path across the neighbour's land. The seller says the neighbour has always allowed passage. The extract for the house shows no easement. Without a registered easement under Articles 247 to 253, the buyer's access depends on the neighbour's goodwill and will not bind the neighbour's successor. The fix is to register the easement before the sale, with the neighbour's agreement, or to price the risk.
An inherited flat sold by heirs abroad. Two siblings abroad inherited a flat in Tbilisi and want to sell it. Before they can sell, each must have accepted the estate under Article 1421 within the six months of Article 1424, and their ownership must be registered. A buyer should see the registry entry in the heirs' names, not a certificate of inheritance alone, and should check whether a third heir, such as a surviving parent with a compulsory share, has any claim.
Law & documents: the detailed guides
The register and documents
Contracts and construction
- The sale contract: clauses to insist on
- Contract with a developer: 12 protective clauses
- Construction permits: classes and how to check
- Unauthorised construction and legalised floors
- The notary: when you need one and what it costs
- Hiring a property lawyer: scope and fees
- When the developer is late: what to do
Rights, limits and obligations
Family, succession and disputes
Risks and exceptions
- Relying on a contract instead of registration. Until the register shows you as owner, you have a claim, not a property.
- Losing good-faith protection. Knowledge of a defect, or a complaint registered against the entry, removes the register's protection.
- Agricultural land under a house. The restriction follows the land category, not the look of the property.
- Registered rights you did not read. A mortgage, seizure, tenancy, usufruct or easement binds the next owner.
- Unauthorised floors and extensions. A flat on an unlegalised floor carries a public-law risk the price may not reflect.
- Co-owners' first refusal. Buying a share without the other co-owners' waiver invites a claim.
- Missing the six-month acceptance window. Heirs abroad can lose time waiting for home-country procedures.
- "Guaranteed" legal outcomes. No lawyer, agent or developer can guarantee a court result, a legalisation or a residence permit.
Frequently asked questions
Does a foreign owner have the same rights as a Georgian owner?
Yes. Once registered, a foreign owner may possess, use, let, mortgage, sell, give away and bequeath the property on the same terms as a Georgian citizen. The only ownership restriction for foreigners concerns agricultural land.
What protects me if the seller's title turns out to be defective?
The register. Under the Civil Code, an entry is deemed accurate in favour of a buyer who acquired from the registered owner, unless a complaint against the entry was registered or the buyer knew it was wrong. The seller also answers for legal defects under the sale contract.
Do I need my spouse's consent to buy or sell?
Property acquired during marriage is joint under Georgian law unless a marriage contract says otherwise. When selling, an unregistered spouse's consent is not legally required, but it is commonly obtained. When buying as a couple, decide the shares and the governing rules before signing.
Can I buy a flat that is rented out?
Yes, and the buyer takes the landlord's place in the existing tenancy. Read the tenancy contract before buying: its term, rent and notice rules become yours.
What happens to my Georgian property if I die without a will?
Georgian rules call the children, spouse and parents as first-degree heirs in equal shares, and heirs must accept the estate within six months. How your home country's law interacts with this is a question for a lawyer in both countries.
Can a will leave everything to one person?
Not entirely, if Georgian law applies. Children, parents and the spouse keep a compulsory share equal to half of what they would have received without a will.
How long do I have to bring a claim about a property I bought?
Contractual claims relating to immovable property have a six-year limitation period, which runs from when you knew or should have known of the violation. The general limitation period is ten years.
Is unauthorised construction always illegal forever?
No. The Spatial Planning Code has a procedure under which some unauthorised construction can be legalised by the authority that issues permits. Until that happens, a flat or floor built without legal grounds carries a risk that a buyer should price or avoid.
Sources
- Civil Code of Georgia, consolidated 25 June 2026 (Articles 128-130, 147-150, 170-174, 183-185, 208-209, 233-253, 286-303, 312, 487-489, 531-606, 1158-1161, 1328-1426, 1512), Legislative Herald of Georgia (accessed 11 October 2026)
- Constitution of Georgia (Article 19), consolidated 29 June 2020, Legislative Herald of Georgia (accessed 11 October 2026)
- Law of Georgia on the Public Registry (Articles 3, 5, 6, 10), consolidated 1 April 2026, Legislative Herald of Georgia (accessed 11 October 2026)
- Spatial Planning, Architectural and Construction Activities Code of Georgia (Articles 3, 96), consolidated 25 June 2026, Legislative Herald of Georgia (accessed 11 October 2026)
- Law of Georgia on Facilitating the Prevention of Money Laundering and the Financing of Terrorism, consolidated 1 April 2026, Legislative Herald of Georgia (accessed 11 October 2026)
- Law of Georgia on the Legal Status of Aliens and Stateless Persons (Articles 15, 16, 21), consolidated 25 June 2026, Legislative Herald of Georgia (accessed 11 October 2026)
- Immovable property registration: fees and terms, National Agency of Public Registry (accessed 11 October 2026)
- Real Estate 2026: Georgia, MB Legal for Chambers and Partners, updated 7 May 2026 (accessed 11 October 2026)
- Georgia: individual, other taxes, PwC Worldwide Tax Summaries (accessed 11 October 2026)
- Georgia: individual, residence, PwC Worldwide Tax Summaries (accessed 11 October 2026)
- Tax obligations upon sale of residential property, Andersen in Georgia (accessed 11 October 2026)
- Residence permits, Public Service Development Agency (accessed 11 October 2026)
Change log
- - Complete guide published from the Civil Code, the Constitution, the Law on the Public Registry, the Spatial Planning Code and the AML law; legal points under review by the partner lawyer.