Buying an Apartment Under Construction in Georgia: Legal Risks to Check Before Signing
1. Land, Mortgage and Construction Permit
Start with an extract from the Public Registry.
Confirm who owns the plot, whether that is your contracting party, and whether any mortgage or other encumbrance is registered. Under the Civil Code, title arises only on registration, so brand recognition is no substitute for a registry check.
Check the developer in the Registry of Entrepreneurs. Then confirm the permit's validity, address, cadastral data and approved floors under the Spatial Planning, Architectural and Construction Code. The Code is amended regularly, so check the official text on Matsne.
2. What Exactly You Are Buying
The contract should identify the building, floor, unit number, area, layout and parking. Agree the permitted area variation, price adjustment and your right to withdraw if the change is material. "White frame" means different things at different companies, so attach a specification covering walls, utilities, façade, lifts and common areas.
A salesperson's verbal promise is weak in court.
3. Deadlines, Liability and Termination
Distinguish completion of works, handover, commissioning and registration of title. Compare the penalties for late payment and for late handover. One-sided standard terms may be subject to control under the Consumer Rights Law, and the Competition and Consumer Agency handles complaints.
A force majeure clause must not excuse every delay. For instalments, check how many days of delay allow termination, whether written notice is required and what happens to money paid. Exit and refund mechanics must be clear upfront; any dispute proceeds under the Civil Procedure Code.
4. Why Review the Contract Before Signing
Spotting a risk before signing is far stronger than discovering it in a dispute. The aim is not to derail the deal but to confirm what you receive, when, what you pay and who is liable.
International buyers may find the Chambers real estate guide and civil and construction regulation summaries useful. Budget for title registration costs and timelines too.
Abashidze Law Office helps buyers with a legal review of the developer contract before signature. Contact us for a consultation.
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