О совершенствовании специального порядка системной и спорадической регистрации прав на земельные участки и кадастровых данных в пределах государственного проекта

 

 

Law of Georgia

On the Procedure for Systematic and Sporadic Registration of Rights to Plots of Land and the Improvement of Cadastral Data

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Chapter I – General Provisions

 

Article 1 – Scope of the Law

1. This Law establishes the procedures for the systematic and sporadic registration of rights to plots of land, the legal framework for such registration, and the rights and obligations of parties participating in administrative proceedings.

2. Relations associated with the systematic registration and sporadic registration of titles to plots of land shall be governed by this Law, the Law of Georgia on the Public Registry and other legislative and subordinate normative acts.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 2 – Purpose of the Law

The purpose of this Law is to ensure the creation of comprehensive legal and cadastral data of plots of land, in particular: 

a) the systematic performance, within the systematic registration, of cadastral works on plots of land and the registration of title in accordance with the procedure provided for by this Law;

b) the sporadic registration of titles to plots of land throughout the country in accordance with the procedure provided for by this Law;

c) the conformity of cadastral data on plots of land with their actual location;

d) the conformity of cadastral data on plots of land registered with unspecified cadastral data with the Public Registry with the requirements determined by the legislation of Georgia;

e) the improvement and mutual consistency of data registered with the Public Registry;

f) the promotion of registration of titles to plots of land.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 3 – Definitions of terms

1. For the purposes of this Law, the terms used herein shall have the following meanings:

a) systematic registration – within the geographical areas determined by an order of the Minister of Justice of Georgia (‘the Minister’) in the case of necessity, or within the framework of a project of special state and public importance, the registration, on a proactive basis, of titles to plots of land, and of changes in the registered data, in accordance with the procedures provided for by this Law;

b) sporadic registration – the registration, throughout the country, of titles to plots of land, and of changes to registered data on the basis of an application and registration documents submitted by an interested person, in accordance with the procedures provided for by this Law;

c) a project of special state and public importance – a set of measures to be implemented within the framework of a project of special state and public importance determined by an individual administrative act of the Government of Georgia, which must be implemented under the procedures established by this Law for the systematic registration;

d) an entity implementing a project of special state and public importance – an entity determined by an individual administrative act of the Government of Georgia;

e) a plot of land – an agricultural plot of land or a non-agricultural plot of land, with or without buildings and structures on it (either constructed, under construction or demolished);

f) an agricultural plot of land – a plot of land of pasture, hayfield, arable land category (including with perennial plants) or a homestead land, which is used or can be used for agricultural purposes, with or without buildings and structures on it;

g) a non-agricultural plot of land – a plot of land that is not an agricultural plot of land;

h) homestead land – an agricultural plot of land that, according to the land title document, has been granted for providing a homestead and/or a household, with or without individual residential houses (constructed, under construction or demolished), agricultural buildings and/or ancillary buildings on it; a plot of land, whose land title document is not available (if the land title document has not been issued or has been lost), and, at the same time, regarding which a document issued by a municipality certifies that the plot of land has been granted for providing a homestead and/or a household, and its total area does not exceed 1.25 hectares on the plain or 5 hectares in the high mountainous settlements determined by the Law of Georgia on the Development of High Mountainous Regions;

i) a plot of land registered with the Public registry – a plot of land registered with specified or unspecified cadastral data, the registered data of which are subject to the presumption of completeness and accuracy, and to which the right of ownership and succession is recognised and ensured;

j) a plot of land registered with specified cadastral data – a plot of land, the cadastral data of which are registered on the basis of the cadastral survey/planning drawings of the plot of land drawn up in the State Geodetic Coordinates System and which include accurate information presented graphically and textually on the border configuration and location of the plot of land, and the structures, including linear structures, on it, as well as the scope of easement or other legal restrictions applicable to the plot of land;

k) a plot of land registered with unspecified cadastral data – a plot of land, the cadastral data of which are not registered on the basis of the cadastral survey/planning drawings of the plot of land drawn up in the State Geodetic Coordinates System and which do not include accurate information presented graphically and textually on the border configuration and location of the plot of land, and the structures, including linear structures, on it, as well as the scope of easement or other legal restrictions applicable to the plot of land;

l) a person entitled to request the registration of title – a person who has acquired the right to request the registration of title to a plot of land on the basis of a document certifying title or a document certifying the lawful possession (use) of land;

m) a lawful possessor – a natural person who has acquired the right to request the registration of title on the basis of a document certifying the lawful possession (use) of the land and who actually possesses the property at the moment of requesting the registration;

n) a user – a natural person who, before the entry into force of this Law, actually possesses a plot of land as his/her own on the basis of a transaction entered into, without observance of the proper form, with a person entitled to request the registration of title or an owner of the plot of land;

o) a municipality representative – the mayor of a municipality or an official or officer of the city hall, or a person employed on the basis of an agreement under public law, who has been granted powers to represent the relevant municipality by an individual administrative act of the mayor of the municipality in accordance with Article 54(1)(a.f) of the Organic Law of Georgia the Local Self-Government Code;

p) a document certifying title – an administrative contract (a certificate of acceptance or any other document), or an individual administrative act, or an act of a court (arbitration) that has come into effect, or a transaction or any other legal act granting the right to request the registration of title to the immovable property;

q) a document certifying the lawful possession (use) of land – a detailed certificate certifying the registration of an owner (user) of the immovable property before 4 October 2004 in the Technical Inventory Archive; an excerpt from a household book; a gardener’s book; a lands distribution list, with or without an attached plan of lands allocation, composed by the Commission for Land Reform established by a decision of a local self-government body of a village (or urban-type settlement) in accordance with Resolution No 48 of 18 January 1992 of the Cabinet of Ministers of the Republic of Georgia on Agricultural Land Reform in the Republic of Georgia, and approved at a convention (general meeting) of a village (or urban-type settlement) (‘the lands distribution list’); a list of payers of land tax for using agricultural land or non-agricultural land (‘the land tax payers list’); an act on the attachment of the plot of land or a plan of the plot of land issued by state or local self-government and government bodies; an act of a court; a document stored in the National Archives of Georgia or in the archives of other administrative bodies (including a record in the apartment owners' book, a record in the cadastral book of the apartment) with or without an attached plan of lands allocation, other relevant documents obtained/presented during the registration procedure;

r) cadastral survey/planning drawings of a plot of land – accurate information presented graphically and textually on the borders, configuration and location of a plot of land, as well as on buildings and structures on it, whose conformity with the actual location of the plot of land is, where necessary, confirmed by an individual administrative act issued by a municipality representative;

s) registration block – a set of plots of land located in a geographical area determined by an individual administrative act of the Legal Entity under Public Law operating under the Ministry of Justice of Georgia called the National Agency of Public Registry, and within the framework of a project of special state and public importance – by an individual administrative act of an entity implementing the project of special state and public importance;

t) development area of a plot of land – a developed surface area of a plot of land covered with buildings and structures;

u) solid border line – a fence, a structure or a building, perennial plans growing on the land or other natural and geographic boundaries, which enable the establishment of the actual border of a plot of land;

v) notarial mediation – an alternative means of private law dispute resolution during systematic registration or sporadic registration, which is led by one or more notary mediators according to the procedures established by this Law;

w) notary mediator – a notary who meets the requirements of Article 19 of this Law and leads negotiations between disputing parties;

x) a statement of facts – the presentation of the current state of actual circumstances in accordance with the procedures established by the legislation of Georgia in order to prove relevant circumstances.

2. Other terms used in this Law shall be defined in accordance with the Law of Georgia on the Public Registry and other legislative and subordinate normative acts.

Law of Georgia No 192 of 22 December 2016 – website, 30.12.2016

Law of Georgia No 1253 of 26 July 2017 – website, 29.7.2017

Law of Georgia No 4858 of 25 June 2019 – website, 2.7.2019

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

Law of Georgia No 7021 of 15 July 2020 – website, 28.7.2020

 

Article 4 – Powers of a registering authority

1. A Legal Entity under Public Law operating under the Ministry of Justice of Georgia (‘the Ministry of Justice’) called the National Agency of Public Registry (‘the Agency’) shall, upon its own initiative:

a) request and systematise registration documents;

b) for the purpose of systematic registration, carry out cadastral surveys of plots of land and document the results of the work performed within the geographical areas determined by an order of the Minister, as well as within the project of special state and public importance, if the Agency is the entity implementing the project of special state and public importance;

c) register changes in the cadastral data with the Registry of Rights to Immovable Property;

d) for the purposes of obtaining a statement of facts, apply to the National Bureau of Enforcement, a Legal Entity under Public Law operating under the Ministry of Justice;

e) ensure the improvement and mutual conformity of data registered with the Public Registry;

f) exercise other powers granted by this Law.

2. Within 4 working days after the commencement of the registration procedure, the Agency is obliged to request from other administrative body/authorised person all the necessary documents/information that are essential for the case, and to make a decision on the progress of the registration procedure before receiving a respective response.

3. The Agency is obliged to make a decision on the registration procedure within 4 working days after receiving all responses from other administrative body/authorised person.

4. If no response is received within 15 calendar days after delivering a request to other administrative body/authorised person, the Agency shall repeatedly request the administrative body/authorised person to submit the respective documents/information. If no response is received within 10 calendar days after delivering a repeated request to the addressee, the Agency shall make a decision within 4 working days based on the documents/information available in the case. This rule shall not apply to the requests submitted to the municipality bodies.

5. Failure of a municipality body to provide a response to the Agency within 3 months after receiving the letter/request shall be considered as a refusal to issue an administrative act under Article 177(2) of the General Administrative Code of Georgia, and shall be appealed in accordance with the procedures established by the legislation of Georgia. In this case, the Agency shall make a decision based on the documents/information available in the case. Before making a final decision, the Agency is obliged to explain to an interested person, in writing, its rights, and the procedures for appealing a refusal of the municipality to grant a request.

6. Within the geographical area of systematic registration, the Agency shall ensure the recognition of title to squatted plots of land. The procedure for recognition of title shall be determined by the Instructions on the Public Registry approved by an order of the Minister (‘the Instructions’).

7. Within the geographical area of systematic registration, the Agency is authorised to recognise title, in addition to the plots of land determined by Article 2(c) of the Law of Georgia on Recognition of Property Rights of the Parcels of Land Possessed (Used) by Natural Persons and Legal Entities under Private Law, to the squatted agricultural plots of land (a pasture, a hayfield and arable land category (including land with perennial plants, orchards and vegetable gardens) and homestead lands) even if no structures and buildings are placed on them, or they are not adjacent to the plot of land, which is in the ownership or lawful possession of an interested person. In this case, the total area of the recognised plots of land shall not exceed 1.25 hectares on the plain and 5 hectares in high mountainous settlements, determined by the Law of Georgia on the Development of High Mountainous Regions, per one natural person or household (household members).

8. Unless other documents, obtained by the Agency and submitted by an interested person, credibly establish that a building or a structure (constructed, under construction or demolished) had been placed on the squatted plot of land within the geographical area of systematic registration before the entry into force of the Law of Georgia on Recognition of Property Rights of the Parcels of Land Possessed (Used) by Natural Persons and Legal Entities under Private Law, the Agency is authorised to additionally require from the interested person to submit an expert opinion, which proves the fact of existence of the building or structure (constructed, under construction or demolished) on the plot of land before the entry into force (20 September 2007) of Articles 1-6 and 8 of the same law.

9. The Agency may enter into co­nt­­ra­cts wit­h natural and legal persons to exercise powers provided for by this Law.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

Law of Georgia No 1168 of 16 December 2021 – website, 27.12.2021

 

Article 4¹ – Powers of a municipality representative

1. During the registration procedure, a municipality representative shall:

a) where necessary, establish, by an individual administrative act, the identity of a plot of land determined by a land title document and/or of a plot of land registered with the Public Registry, and the plot of land depicted in cadastral survey/planning drawings, except for the systematic registration and the cases where the actual location of the plot of land is credibly established on the basis of the registration documents;

b) where necessary, within the systematic registration, submit to the Agency an application requesting registration on behalf of a person entitled to request the registration of title to the plot of land or his/her legal successor, if the land title document/the document certifying the lawful possession (use) of land is available/has been obtained;

c) in the case determined by Article 7(9) of this Law, certify, by an individual administrative act, the actual possession of a plot of land by the household members;

c¹) issue a certificate determined by Article 3(1)(h) of this Law for a plot of land granted for providing a homestead and/or household;

d) exercise other powers determined by this Law and other legislative and subordinate normative acts of Georgia.

1¹. The application of paragraph 1(a), (c) and (c¹) of this article and Article 7(12) and (15) of this Law shall be suspended within the geographical area of systematic registration for the period established for systematic registration.

2. In exercising the powers provided for by this Law, a municipality representative shall use the forms of documents approved for administrative proceedings by an order of the Minister.

3. The powers of a municipality representative granted under this Law shall be the powers delegated to the relevant municipality by the State, the sectoral supervision over the exercise of which shall be provided by the Ministry of Justice according to the procedures established by the Organic Law of Georgia the Local Self-Government Code.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

Law of Georgia No 1168 of 16 December 2021 – website, 27.12.2021

 

Chapter II –Procedure for Registration of Title to a Plot of Land

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 5 – Procedure for registration of title to a plot of land

1. Sporadic registration of title to a plot of land shall be carried out throughout the whole territory of the country on the basis of an application of an interested person, registration documents, and cadastral survey/planning drawings of the plots of land in accordance with the advantages provided for by this Law.

2. Systematic registration within the geographical area, determined by an order issued by the Minister where necessary, shall be carried out based on the registration documents proactively and systematically obtained by the Agency, and on cadastral survey/planning drawings proactively and systematically prepared by the Agency.

3. Systematic registration of title to a plot of land within the framework of a project of special state and public importance shall be carried out based on the registration documents proactively and systematically obtained by the entity implementing the project of special state and public importance, and on the cadastral survey/planning drawings prepared in the same way, in accordance with the procedures and advantages determined by this Law.

4. The timeframe for performing the systematic registration works within the geographical area, determined by an order of the Minister, shall be established by an order of the Minister.

5. A plot of land, on which the title of the owner/the person entitled to request the registration of title cannot be established as a result of the works performed within the geographical area determined by an order of the Minister, shall be provisionally registered in the state ownership for the period of 1 year, in accordance with this Law and other legislative and subordinate normative acts of Georgia. Within that period, the title to the plot of land of the owner/the person entitled to request the registration of title shall be registered on the basis of an application of an interested person and the registration documents, without the consent of a body authorised to administer state property. Upon the expiration of the said period, the plot of land shall be registered in the state ownership.

6. The conditions for systematic registration and sporadic registration of title to a plot of land shall be determined by the Instructions.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 6 – General procedure for registering changes to the cadastral data of a plot of land

1. Within the systematic registration, the Agency shall specify the cadastral data of the plots of land registered with unspecified cadastral data and register their changes, upon its own initiative, on the basis of the cadastral survey/planning drawings of the plots of land, and within the framework of a project of special state and public importance – on the basis of an application of an entity implementing the project of special state and public importance (except when the Agency is the entity implementing the project of special state and public importance), and in the case of sporadic registration – on the basis of an application of an interested person, and shall ensure the involvement of all interested persons in administrative proceedings commenced for that purpose.

2. The Agency may, upon its own initiative, change the cadastral data of a plot of land registered with specified cadastral data if, on the basis of the registration documents and/or the cadastral survey, it is established that the registered cadastral data are not consistent with the actual location of the plot of land, and shall ensure the involvement of all interested persons in administrative proceedings commenced for that purpose.

3. In the case determined by this article, the Agency shall have the right to change the registered incorrect cadastral data of a plot of land and to bring them into compliance with the actual location of the property (including, to reduce the registered area of the plot of land) even if other right in rem, obligation or public law restriction is registered on the immovable property, and/or the owner, or a person having the right in rem or the obligation, is registered with the Registry of Debtors.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 7 – Procedure for registering title to a plot of land in lawful possession

1. A document certifying the lawful possession (use) of land shall be drawn up before the entry into force (20 September 2007) of Articles 1-6 and 8 of the Law of Georgia on Recognition of Property Rights of the Parcels of Land Possessed (Used) by Natural Persons and Legal Entities under Private Law.

2. If, within the registration procedure, an original copy of the document certifying the ownership/lawful possession of an immovable property cannot be obtained, a copy of the document specified in Article 3(1)(p) or (q) of this Law shall be also considered as a document certifying title, if the copy is stored with the National Archives of Georgia, or the archives of the Agency, a municipality or other administrative body.

3. In the case of sporadic registration, the title to a plot of land in lawful possession shall be registered on the basis of an application of an interested person, a document certifying the lawful possession (use) of the land and cadastral survey/planning drawings made in accordance with this Law.

4. If, within the systematic registration, it has been established that the whereabouts of a lawful possessor is unknown, information on the right to request the recognition of the person as an owner shall be entered in the Public Registry, and if a lawful possessor is dead and his/her legal successor cannot be ascertained, information on the right to request the recognition of a legal successor as an owner shall be entered in the Public Registry. A record concerning the right to request the recognition as an owner shall be effective until the recognition of the title is possible under the Law of Georgia on Recognition of Property Rights of the Parcels of Land Possessed (Used) by Natural Persons and Legal Entities under Private Law.

5. If, within the systematic registration, a lawful possessor or his/her legal successor refuses to register title, information on the right to request the recognition of this person as an owner shall be entered in the Public Registry. A record concerning the right to request the recognition as an owner shall be effective for three years. If a lawful possessor or his/her legal successor is not registered as an owner of the plot of land within that timeframe, the record shall be annulled and the plot of land shall be registered in the state ownership.

6. Within the timeframe established by paragraphs 4 and 5 of this article, a lawful possessor or his/her legal successor shall be registered as an owner of a plot of land on the basis of an application, and a record concerning the right to request the recognition as an owner shall be annulled without the consent of the body authorised to administer state property.

7. The title to a plot of land, which is in the lawful possession (use) of a household member(s), shall be registered on the basis of the excerpt from the household book. The excerpt shall include the latest data on the property status of the household members and the household, which shall not go beyond the period of entry into force (20 September 2007) of Articles 1-6 and 8 of the Law of Georgia on Recognition of Property Rights of the Parcels of Land Possessed (Used) by Natural Persons and Legal Entities under Private Law.

8. On the basis of the record in the household book, the title of ownership/co-ownership of the member(s) of the household shall be registered on the plot of land, whose membership to the household is credibly certified.

9. If the archive records of 1992-2007 certify only the composition of the household and do not include any data on the property status regarding the land or if, according to the archive records, only the residential house is registered in the ownership of the household and no document certifying title to the land is available, the title to the plot of land actually occupied by the household (in total not more than 0,75 hectares) before 20 September 2007 shall be registered by the municipality in the case of certification with an individual administrative act of the actual possession of the plot of land by the household members.

10. Registration of title on the basis of the land tax payers list shall be carried out according to the latest data of the land tax payers list, which shall not go beyond the period of entry into force (20 September 2007) of Articles 1-6 and 8 of the Law of Georgia on Recognition of Property Rights of the Parcels of Land Possessed (Used) by Natural Persons and Legal Entities under Private Law.

11. Registration of title to an agricultural plot of land on the basis of the land tax payers list shall be carried out upon the consent of a body authorised to administer state property, certifying that the plot of land had not been allocated for temporary use.

12. If the intended purpose of a plot of land is not established on the basis of the land tax payers list and/or the information provided by the Legal Entity under Public Law Revenue Service or a local self-government/government (municipality) body, title to the plot of land shall be registered for the purpose determined by an individual administrative act of the municipality.

13. If the sum of the areas of the plots of land specified in the certificate of acceptance does not correspond with the total area of the plots of land specified in the same certificate of acceptance, title shall be registered according to the biggest area specified in that document.

14. If the number of the plots of land, the data about the owners of the adjacent plots of land, the area of the plots of land and/or the dimensions of the sides of the plots of land specified in the certificate of acceptance do not correspond with the schematic plan data specified in that certificate of acceptance, or if the number of the plots of land submitted for registration does not correspond with the number of the plots of land specified in the certificate of acceptance, in order to register title, an individual administrative act of the municipality representative shall certify that the plot of land specified in the certificate of acceptance and the plot of land depicted in cadastral survey/planning drawing of the plot of land are identical. Within the geographical area of systematic registration, the identity of the plots of land shall be established by the Agency.

15. If the document certifying title, which had been drawn up before 20 September 2007, does not meet the minimum mandatory requirements of this Law but includes the identity of an interested person, and the address (city, urban-type settlement and/or village) and area of the immovable property, title may be registered based on that document, according to the procedure established by Article 4¹ of this Law, if a municipality representative certifies the identity of the plots of land and the interested person proves the actual possession of the plot of land.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

Law of Georgia No 7021 of 15 July 2020 – website, 28.7.2020

Law of Georgia No 1168 of 16 December 2021 – website, 27.12.2021

 

Article 8 – Registration of title to a plot of land currently in use

1. The fact of conducting a transaction, without observing a proper form (oral or written), between a person entitled to request the registration of title/an owner natural person and/or an owner legal entity under private law and a user, shall be established by a written agreement signed between the parties; the authenticity of the parties' signatures affixed to the agreement shall be certified according to the procedure established by law. This action shall be considered as entering into a new transaction in accordance with Article 61(2) of the Civil Code of Georgia.

2. A written agreement determined by this article and the cadastral survey/planning drawing of a plot of land shall be the basis for registering the title of a user with the Public Registry.

3. If a person entitled to request the registration of title/an owner natural person and/or an owner legal entity under private law had alienated a plot of land on the basis of a transaction conducted without observing a proper form (oral or written) before the entry into force of this Law and, in evidence, gave a user an original copy of the document certifying title or a copy of the land (immovable property) title registration certificate issued on the basis of Edict No 327 of 16 May 1999 of the President of Georgia ‘on urgent measures for primary registration of title to agricultural land and on issuance of registration certificates to the citizens of Georgia’, that circumstance shall be used as the grounds for registration of title of an owner with the Registry of Rights to Immovable Property, if an owner (owners) of at least three plots of land registered in the same cadastral block or a person (persons) entitled to request the registration of title proves (prove) that fact in writing, or if the person entitled to request the registration/owner gives his/her consent. In this case, it is not required to repeatedly enter into a transaction.

4. If, during the registration of title according to the procedure determined by this article, it was established that a public-law restriction has been registered on an immovable property to be registered, or on the person entitled to request the registration of title, or if he/she is a natural person registered with the Registry of Debtors, the right of the person entitled to request the registration of title shall be registered with respect to the immovable property, and a decision on the registration of title of the user shall be made in accordance with the procedure established by the legislation of Georgia.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 9 – Squatted plots of land 

1. If, during the comparison of cadastral results and registration documents within the sporadic registration, it is established that an object to be registered is not, fully or partially, a plot of land in lawful possession, the Agency shall, with the consent of the interested person, request the Commission for Recognising Titles to Squatted Lands ('the Commission') operating under the executive body of the relevant municipality to consider the issue within its scope of authority, only if a residential house (constructed, under construction or demolished) or non-residential building (constructed, under construction or demolished) is placed on the plot of land, or if the plot of land is adjacent to the plot of land (with or without the building), which is in the ownership or lawful possession of the interested natural person.

2. The cadastral survey/planning drawing of a plot of land, the information on the identification data of the interested person and on the owners of the adjacent plots of land, as well as the registration documents shall be attached to the request.

3. The Agency shall not submit its request to the Commission if, based on the documents/information submitted by an interested person or stored/obtained at the Agency, it is credibly established that the plot of land to be registered is not subject to recognition of title under Article 3(2) of the Law of Georgia on Recognition of Property Rights of the Parcels of Land Possessed (Used) by Natural Persons and Legal Entities under Private Law.

4. In the case determined by paragraph 3 of this article, the refusal of the Agency to submit a request to the Commission shall not restrict the right of an interested person to apply to the Commission by himself/herself and request the recognition of title.

5. In the case determined by paragraph 1 of this article, the Commission shall make a decision within 3 months after receiving the application and appropriate documents. Before making a decision, the Commission may hear the opinion of the initiator of the request and, if necessary, invite a competent representative(s) of the respective state agency for consultations within administrative proceedings.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 10 – Procedure for registering plots of land in the case of failure of the parties to reach an agreement

1. Where parties fail to agree on a border line between plots of land, if different borders are determined for the plots of land to be registered and if the total area, determined as a result of the cadastral survey of the plots of land to be registered, corresponds to the sum of the areas indicated in the land title documents, the plots of land shall be registered in the co-ownership of the parties to a dispute as one cadastral unit. In this case, the excerpt from the Registry shall include information on the unspecified border line between the plots of land, and the dispute between the parties shall be resolved by a court in accordance with the procedures for abolishing co-ownership rights, or by a notary mediator, upon the agreement between the parties.

2. If, in the case of two or more registration procedures, there is a coincidence of cadastral data of the plots of land to be registered, all interested persons have submitted the land title documents and the area of the disputed part of the plots of land does not exceed the area of each surveyed plot of land by more than 30 per cent, there is no solid border line between the plots of land and, based on the land title document and/or the information stored at/obtained from the Registry, it is impossible to determine the exact location of the plots of land and, at the same time, mediation was not carried out/settled amicably between the parties, each plot of land shall be registered taking into consideration the borders specified by the interested persons. In this case, the excerpt from the Public Registry shall include the information on the existence of the dispute and the areas of the disputed part of the plots of land, and the disputed part of the plots of land shall be marked on the cadastral plan. A civil dispute arisen between the parties regarding the ownership of the disputed part of the plots of land shall be resolved by a court.

3. If, in the case of two or more registration procedures within the sporadic registration, there is a coincidence of cadastral data of the plots of land to be registered, all interested persons have submitted the land title documents and the area of the disputed part of the plots of land exceeds the area of any of the surveyed plots of land by more than 30 per cent, there is no solid border line between the plots of land and, based on the land title document and/or the information stored at/obtained from the Registry, it is impossible to determine the exact location of the plots of land and, at the same time, mediation was not carried out/settled amicably between the parties, the Agency shall make a decision on terminating all registration procedures. A civil dispute arisen between the parties regarding the ownership of the disputed part of the plots of land shall be resolved by a court.

4. If, in the case of two or more registration procedures, there is a coincidence of cadastral data of the plots of land to be registered, all interested persons have submitted the land title documents or the land title documents of all interested persons have been obtained during the registration procedure and, based on the documents available at the Agency, the exact location of the plot of land to be registered cannot be established, the Agency shall offer the parties to resolve the dispute by notarial mediation.

5. If there is a coincidence of cadastral data of the plot of land to be registered and the registered plots of land, and the land title document of the land to be registered has been submitted or obtained during the registration procedure, the Agency shall offer the parties to resolve the dispute by notarial mediation. Before the appointment of the notarial mediation, the Agency is obliged to verify the compliance of the title data and cadastral data of the registered plot of land with the documents/information stored at the Agency.

6. If, in the cases determined by paragraph 4 or 5 of this article, the notarial mediation is not settled amicably, the Agency shall make a decision on terminating the registration procedure. A civil dispute arisen between the interested persons regarding the ownership of the disputed part of the plots of land shall be resolved by a court.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 11 – Special conditions for registering a plot of land

1. If, within the sporadic registration or systematic registration, after the comparison of a land title document to an agricultural plot of land and the results of a cadastral survey, it is established that the area of the plot of land enclosed by a solid border line exceeds the area indicated in the registration document, or the area registered in the Registry of Rights to Immovable Property, or the unspecified area indicated in the registration card of the Technical Registration Archive, by not more than 15 per cent, the plot of land shall be registered in accordance with the area enclosed by a solid border line ascertained as a result of its cadastral survey, except if the registration of title or change in the title to a homestead land is requested. The above rule shall not apply to the immovable property which has been purchased from the state and/or a municipality body, or the title to which has been recognised by the Commission.

2. If, within the sporadic registration or systematic registration, after the comparison of a land title document to a plot of homestead land and the results of a cadastral survey, it is established that the area of the plot of land enclosed by a solid border line exceeds the area indicated in the registration document, or the area registered in the Registry of Rights to Immovable Property, or the unspecified area indicated in the registration card of the Technical Registration Archive, the title or change in the title to a plot of homestead land shall be registered in accordance with the area enclosed by a solid border line, which is established by the cadastral survey of the plot of land.

3. In the case determined by paragraph 2 of this article, the title or change in the title to the land, that is beyond the plot of land enclosed by a solid border line, shall be registered on the basis of a certificate issued by the municipality certifying that the land has been granted for providing a homestead and/or household.

4. In the case of registration of title within the sporadic registration or systematic registration, the total area of the plots of land, registered on the basis of the certificate issued by the municipality under Article 3(1)(h) of this Law, under Article 7(9) of this Law and paragraph 3 of this article, per one natural person or household (household members) shall not exceed 1.25 hectares on the plain or 5 hectares in the high mountainous settlements determined by the Law of Georgia on the Development of High Mountainous Regions.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 12 – Procedure for registering title to the development area of a plot of land

1. The title registered with the Public Registry on a building or structure shall cover the development area of the plot of land occupied by the building or structure. Changes in the registered data shall be registered in accordance with the cadastral survey/planning drawing of the plot of land.

2. If an authorised state body administers only a building or structure, without the plot of land, the title of an interested person shall be registered to the building or structure and the plot of land occupied by it, according to the development area of the plot of land.

3. If, after the comparison of land title documents of the plot of land and the results of a cadastral survey, it is established that the area and/or configuration of the building or structure have been changed without a proper legal basis, the title shall be registered according to the development area of the plot of land occupied by the building or structure, if the development area of the plot of land exceeds the area indicated in the registration document by not more than 10 per cent.

4. If the development area of a plot of land exceeds the area indicated in the registration document by more than 10 per cent, the registration of title to the entire development area of the plot of land occupied by a building or structure shall be permitted if a document certifying title under the legislation of Georgia is submitted for the excessively occupied area. If a document certifying title to the excessively occupied plot of land is not submitted to the Agency, the title to the plot of land shall be registered to the development area indicated in the document certifying title to the plot of land, taking into account the tolerances determined in paragraph 3 of this article.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 13 – Procedure for registration of title in the case of incomplete or mutually inconsistent identification data

1. To identify and verify the identity of a citizen of Georgia or of an alien living in Georgia, the electronic database of the Public Service Development Agency, a legal entity under public law operating under the Ministry of Justice, shall be used.

2. If there is a discrepancy between the names and/or surnames indicated in the identity document and the registration document of an interested person, a decision shall be made in accordance with the procedures established by the Law of Georgia on the Public Registry.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Chapter III – Conduct of Cadastral Survey/Planning Works within Systematic Registration

 

Article 14 – Rules for identifying the locations of plots of land within systematic registration and for conducting cadastral survey/planning works

1. The basis for commencing cadastral survey/planning works within the systematic registration shall be the identification of the location of a plot of land on the basis of the instructions of the owner of the plot of land, or of a person entitled to request registration of title, or of a municipality representative and/or of the owner of/the person entitled to request registration of title to another plot of land located in the respective geographical area.

2. A certified natural person, determined by Article 2(y) of the Law of Georgia on the Public Registry, shall be authorised to perform cadastral survey/planning works within the systematic registration.

3. Cadastral survey/planning works within the framework of a project of special state and public importance shall be commenced by an entity implementing the project of special state and public importance. The entity implementing the project of special state and public importance shall be responsible for identification of the location and borderline of an immovable property, complete performance of cadastral survey/planning works and the accuracy of the cadastral survey/planning drawing data of a plot of land.

4. An entity implementing the project of special state and public importance shall be authorised to submit to the Agency an application on registration of title of an interested person to a plot of land, if the land title document has been issued with the participation of the administrative body/official, local self-government/government (municipality) body.

5. Where necessary, the actual location of a plot of land (the borders and configuration of the plot of land in relation to the adjacent plots of land) shall be confirmed by the owners of/the persons entitled to request the registration of title to other plots of land located in the respective geographical area.

6. Within the geographical area of systematic registration, the identity of a plot of land covered by a land title document and/or of a plot of land registered with unspecified cadastral data/a plot of land registered with specified cadastral data, and of a plot of land represented in a cadastral survey/planning drawing, shall be established by the Agency, and within the framework of a project of special state and public importance – by an individual administrative act of an entity implementing the project of special state and public importance.

7. If, within the geographical area of systematic registration, owners of adjacent plots of land/persons entitled to request the registration of title thereto refuse to confirm the actual location of the plot of land, or if the whereabouts of an owner of/a person entitled to request the registration of title to an adjacent plot of land is unknown, the actual location of the plot of land shall be established by the Agency on the basis of the evaluation and comparison of all substantially significant circumstances of the case, based on appropriate evidence.

8. If, within the framework of a project of special state and public importance, owners of adjacent plots of land/ persons entitled to request the registration of title thereto refuse to confirm the actual location of the plot of land, or if the whereabouts of an owner of/a person entitled to request the registration of title to an adjacent plot of land is unknown, the actual location of the plot of land shall be established by an entity implementing the project of special state and public importance on the basis of the evaluation and comparison of all substantially significant circumstances of the case, based on appropriate evidence.

9. An individual administrative act of the Agency or an entity implementing the project of special state and public importance shall make it possible to jointly establish the actual location of separate plots of land as well as of plots of land or parts thereof covered by a registration block.

10. The procedure for determining the actual location of a plot of land referred to in this article shall not apply if the actual location of the plot of land is credibly established on the basis of the registration documents.

11. A final plan of a registration block, drawn up on the basis of the legal and cadastral information/documents obtained within the systematic registration, and the actual location of the plots of land covered by it shall be approved with an individual administrative act of the Agency or an entity implementing the project of special state and public importance, after marking on the cadastral map and presenting for public review of the results of cadastral surveys.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

Law of Georgia No 7021 of 15 July 2020 – website, 28.7.2020

Law of Georgia No 1168 of 16 December 2021 – website, 27.12.2021

 

Article 15 – Presenting the results of a cadastral survey for public review

1. Upon the completion of the cadastral survey/planning works and preparation of the registration documents within the registration block, a cadastral map drawn up as a result of a cadastral survey, with the indication of the data of the owners/persons entitled to request the registration of title and users, shall be published for public review on the official website of the Agency (www.napr.gov.ge) and, within the framework of a project of special state and public importance – on the official website of an entity implementing the project of special state and public importance, as well as on the official website (if any) of the municipality, and in a conspicuous place at the municipality, which will enable persons living in the relevant locality to review the map.

2. Interested persons may, within 1 month after the publication of a cadastral map specified in paragraph 1 of this article, apply to the Agency or an entity implementing the project of special state and public importance only once with a request to verify the specific results of the cadastral survey of a plot of land. After the expiration of a one-month timeframe, the titles shall be registered in accordance with the information provided on the cadastral map, except when specific results of the cadastral survey of a plot of land are verified.

3. The procedures for presenting the results of a cadastral survey of plots of land for public review, and for their verification, and for introducing appropriate changes, shall be established by the Instructions.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Chapter IV – (Deleted)

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 16 – (Deleted)

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Chapter V – Legalisation of Registration Documents of Agricultural Plots of Land

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 17 – Bases for legalising registration documents of agricultural plots of land

1. In accordance with this Law, titles to agricultural plots of land shall be registered on the basis of registration documents drawn up according to the procedures established by the legislation of Georgia.

2. The following documents issued for agricultural plots of land shall be considered as drawn up according to the procedures established by the legislation of Georgia:

a) a certificate of acceptance issued by the Commission for Land Reform, if it contains data on the owner and area of a plot of land, and the seals of the Commission for Land Reform, municipality or other authorised body, despite whether it contains the year of issuance of the certificate of acceptance or not;

b) a certificate of acceptance that does not conform to the form approved by Resolution No 503 of the Cabinet of Ministers of the Republic of Georgia of 28 June 1993 on Regulating the Preparation of Documents on Plots of Land Transferred for Use to the Citizens of the Republic of Georgia, but meets the requirements determined by paragraph 2(a) of this article;

c) a gardener's book issued by a gardeners' partnership, containing the name of the gardeners' partnership and the area of the plot of land, and the seal of the gardeners' partnership, despite whether it contains the year of issuance of the gardener's book or not;

d) decisions made by a general meeting of workers of a cooperative agricultural enterprise and by a session of a cooperative agricultural enterprise in the territory of the Autonomous Republic of Ajara, which are approved/will be approved by an executive body of the municipality; 

e) a land allocation list, with or without a land allocation plan, which is not approved at a convention (general meeting) of the relevant village (or urban-type settlement), but is approved/will be approved by an executive body of the municipality.

3. If a gardener's book issued by a gardeners' partnership has not been completed according to the procedure established by the legislation of Georgia or cannot be found, but a holiday home project has been issued to an interested person, which is approved with an appropriate seal and which includes the name and surname of the interested person, the Agency shall have the right to register title within the limit of the area of the plot of land established for other members of the gardeners' partnership.

4. Title to the land granted by the gardeners' partnership shall be registered without a gardener's book if the documents submitted in the case prove that a person became a member of the gardeners' partnership, pays the membership fee and/or monthly membership fee, or if the person is on the list of members of the gardeners' partnership. In this case, the Agency shall have the right to register title within the limit of the area of the plot of land established for other members of the gardeners' partnership.

5. Additional conditions for registering title based on the documents issued by the gardeners' partnership shall be determined by the Instructions.

6. The preferential terms determined by this Law regarding the gardener's book shall also apply to the gardener's membership book.

7. Title shall be registered on the basis of an act issued by fruit farming, viticulture, dairy farming or other farming, if the act contains the signature and seal of a team leader or a member of the Commission for Land Reform.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Chapter VI – Alternative Means of Dispute Resolution (Notarial Mediation)

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 18 – General procedure for notarial mediation

1. In the case of a private law dispute arisen between the parties during the registration procedure initiated on the basis of this Law, the Agency shall, in order to resolve the dispute, resort to notarial mediation. A notary mediator shall notify the parties of the conditions of notarial mediation and, with their consent, set a date and place of meeting.

2. Notarial mediation shall be completed not later than three weeks after the application to a notary mediator. If the parties fail to achieve an agreement, title to a plot of land shall be registered in accordance with the procedures established by this Law.

3. Registration of title to a plot of land with the Public Registry shall not restrict the right of the parties to resort to notarial mediation to resolve a dispute.

4. Taking into consideration the specificity and complexity of the dispute, notarial mediation may be carried out by one or more notary mediators.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 19 – Procedure for selecting a notary mediator

1. The notarial mediation process shall be managed by one or more notary mediators having special knowledge.

2. Disputing parties shall select a notary mediator, by mutual agreement, from a list of notary mediators preliminarily determined by the Agency. Where the parties cannot agree, a notary mediator shall be selected by the Agency.

3. A neutral and impartial notary shall be selected as a notary mediator, who shall declare in advance if there is any conflict of interests.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 20 – Notarial mediation process

1. A notarial mediation sitting shall be held at the notary office or in a place preliminarily determined by a notary mediator for mediation.

2. A notarial mediation process shall be confidential. A notary mediator may not provide explanations about the circumstances disclosed to him/her by the parties during the notarial mediation process, except when the parties give consent to disclose such information.

3. For the purpose of facilitating negotiations between the parties and identifying common interests, a notary mediator shall hold both individual and joint meetings with the parties.

4. If an agreement is achieved, an act of settlement shall be concluded between the parties, which shall be signed by the parties and the notary mediator.

5. If the parties fail to reach an agreement, the notary mediator shall draw up a report, which shall be signed by the parties and the notary mediator.

6. An act of settlement concluded as a result of notarial mediation shall serve as the grounds for registering title to a plot of land.

7. For the purposes of this Law, the preconditions for appointment of a notarial mediation, and the procedures for drawing up a list of notary mediators by the Agency, for selecting a notary mediator and for carrying out the notarial mediation shall be determined by the Instructions.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Chapter VII – Procedures for Making and Appealing Decisions by the Agency

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 21 – Procedure for involving interested persons in administrative proceedings

1. The Agency shall ensure the involvement of interested persons in administrative proceedings by sending them a notification and taking all reasonable measures to involve them in administrative proceedings.

2. A public notification of administrative proceedings shall be also published on the official website of the Agency (www.napr.gov.ge), on the website (if any) of the relevant municipality, and in a conspicuous place, in order to enable persons living in the relevant locality to review the notification.

3. A notification shall include information on the interested persons established as a result of processing the land title documents and the data registered with the Public Registry, and information on the location of the plot/plots of land, and on the dates of commencing and completing planning works.

4. During the systematic registration, a notification on cadastral survey/planning works shall be also published not later than 15 calendar days before the commencement of the cadastral survey/planning works.

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

Article 22 – Procedure for making and appealing the decisions of the Agency

A decision of the Agency shall be adopted and may be appealed in accordance with the procedures established by the Law of Georgia on the Public Registry. 

 

Chapter VIII – Transitional and Final Provisions

 

Article 23 – Transitional provisions related to the entry into force of this Law

1. For the purposes of this Law, the cadastral data collected and kept in the Public Registry on the basis of Edict No 327 of 16 May 1999 of the President of Georgia ‘on urgent measures for primary registration of title to agricultural land and on issuance of registration certificates to the citizens of Georgia’, and Ordinance No 231 of 28 June 2012 of the Government of Georgia ‘on the Regulation of certain issues related to the registration of titles to agricultural plots of land in the territory of Georgia and to the improvement of cadastral data’, may be used as additional information about the location of a plot of land that is subject to specification, change or annulment.

2. For the purposes of this Law, on the basis of the cadastral data, documents and/or information submitted for registration, the Agency may update, change, declare invalid or void the incorrect or inconsistent data registered under Edict No 327 of 16 May 1999 of the President of Georgia ‘on urgent measures for primary registration of title to agricultural land and on issuance of registration certificates to the citizens of Georgia’, and Ordinance No 231 of 28 June 2012 of the Government of Georgia ‘on the regulation of certain issues related to the registration of titles to agricultural plots of land and to the improvement of cadastral data’.

3. Before 1 January 2025, the works to be performed under the systematic registration (retrieval and systematisation of documents, authentication of signatures of the parties to a transaction, notarial mediation, recognition of title to a plot of land, statement of facts) shall be performed free of charge (without consideration), and the title to a plot of land/the introduction of changes to it shall be registered without paying the service fee.

3¹. A fee for the recognition of title to a plot of land and registration services, provided by the Agency on the basis of an application submitted according to the procedure for sporadic registration in relation to a plot of land located within the geographical area of systematic registration, shall be determined by an ordinance of the Government of Georgia. The said fee shall not exceed double the amount of the highest rate of the fee for services of the Agency applicable on 8 December 2021, as determined by the legislation of Georgia.

4. Before 1 January 2022, within the systematic registration, a certificate of inheritance of the immovable property, located in the geographical areas determined by an order of the Minister, shall be issued free of charge.

5. Cadastral survey/planning works performed within the sporadic registration may be reimbursed in accordance with the procedure established by a legal act of the Minister of Economy and Sustainable Development of Georgia. Within the systematic registration, cadastral survey/planning works in the geographical areas determined by an order of the Minister shall be performed by the Agency free of charge, and cadastral survey/planning works performed within the framework of a project of special state and public importance shall be reimbursed by an entity implementing the project of special state and public importance.

6. From 1 January 2020 to 1 January 2023, within the sporadic registration and the systematic registration, primary registration of title to the immovable property shall not affect the evaluation of social and economic condition of a family under the Law of Georgia on Social Assistance.

7. Within the sporadic registration and the systematic registration, a three-months’ period determined by Article 4(5) of this Law regarding the letter/request sent to the municipality body/Commission before 1 January 2020, to which no response has been provided within the timeframe established by law, shall commence from 1 January 2020.

8. In the case of review of the letter/request determined by paragraph 7 of this article, a respective municipality or Commission shall have the right to invite a competent representative(s) of an appropriate state agency for consultations within administrative proceedings.

9. Within 10 business days after the commencement of systematic registration, a relevant municipality body shall forward to the Agency for consideration an application that is under the administrative proceedings of the municipality in relation to a plot of land located in the respective geographical area, regarding which, according to Article 4¹(1¹) of this Law, the respective authority of the municipality shall be suspended for the period established for systematic registration, unless the final decision has been taken on the said application.

Law of Georgia No 192 of 22 December 2016 – website, 30.12.2016

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

Law of Georgia No 310 of 2 March 2021 – website, 9.3.2021

Law of Georgia No 1168 of 16 December 2021 – website, 27.12.2021

 

Article 24 – Subordinate normative acts to be adopted/issued in relation to the entry into force of the Law

1. The Government of Georgia shall, not later than the 30^th day after the promulgation of this Law, determine the localities in Georgia where the Pilot Project is to be implemented.

2. The Minister of Justice of Georgia shall, not later than the 45^th day after the promulgation of this Law, approve:

a) the procedure for the systematic and sporadic registration of titles within the framework of the State Project, and for presenting the results of cadastral surveys for public review, and for their verification and the introduction of relevant changes to them, and for selecting a mediator;

b) the forms of documents necessary for administrative proceedings conducted by a municipality representative within the framework of the State Project.

3. The Minister of Economy and Sustainable Development of Georgia shall, not later than the 45^th day after the promulgation of this Law, approve the procedure for reimbursing cadastral survey/planning works performed within the framework of the State Project.

4. The mayors of relevant municipalities shall, not later than the 45^th day after the promulgation of this Law, determine the officials and officers of the city halls who are to be granted the powers delegated under this Law to a municipality representative.

Law of Georgia No 1253 of 26 July 2017 – website, 29.7.2017

 

Article 25 – Entry into force of this Law

1. This Law, except for Articles 1-23 of this Law, shall enter into force upon its promulgation.

2. Articles 1-23 of this Law shall enter into force on the 45^th day after its promulgation.

3. (Deleted – 11.12.2019, No 5500).

Law of Georgia No 2712 of 28 June 2018 – website, 29.6.2018

Law of Georgia No 3965 of 13 December 2018 – website, 25.12.2018

Law of Georgia No 4807 of 12 June 2019 – website, 18.6.2019

Law of Georgia No 5500 of 11 December 2019 – website, 18.12.2019

 

 

President of Georgia                                                    Giorgi Margvelashvili

Kutaisi

3 June 2016

No 5153– რს