When discussing unauthorized construction, it is essential first to define what constitutes construction. According to the Code of Spatial Planning, Architectural and Construction Activities of Georgia, construction is “a set of actions carried out during the preparation of a construction site, new construction, reconstruction, demolition, conservation and/or repair of buildings or structures or their parts.” As for unauthorized construction, it is construction carried out without the legal grounds established by Georgian legislation or in violation of construction documentation, where the function of the building or structure is changed and/or the coefficient of development intensity is exceeded.
Based on the above, we can say that unauthorized construction occurs if: a) the person carrying out the construction does not have a construction permit and such a permit is required under Georgian law; b) also, if the person exceeds the conditions established by the construction permit. For example, if the architecture service grants permission to build a 10-story building and the person constructs an 11-story building, this constitutes unauthorized construction.
Another example of illegal construction is when a person had a permit to build a house but decided to build a pharmacy instead. It is noteworthy that in this case, the function of the building or structure changes, which requires a new permit. A construction permit is issued as an individual legal act.
It is also important to consider that a construction permit is not required when only minor, insignificant changes are made during construction, provided that such changes do not alter the detailed development plan or the technical regulations of construction. Additionally, if the change complies with the conditions for the use of the land plot for construction and there is an expert opinion. The list of such minor changes is provided in Government Decree No. 225 of Georgia and the relevant legislation. Furthermore, it is also interesting that repairs to a building or the elimination of defects (repairs) do not require a new permit, provided that the load-bearing structures, appearance, or function of the building or structure are not changed.
It is interesting to consider what legal liability may arise in the case of unauthorized construction?
A decision is issued against the person carrying out unauthorized construction regarding the imposition of a fine for the violation, the amount of which varies depending on the location. The fine must be paid within 30 days; if the violator fails to pay within this period, a penalty will be imposed. Payment of the fine does not release the person from the obligation to remedy the violation. If the violation is not remedied within three months, the person will be subject to a fine three times the original amount.
Moreover, when unauthorized construction is present, in addition to the fine, the public construction supervision authority is authorized to partially or fully suspend the construction and issue a decision on the demolition of the building. In addition, it is possible to legalize the unauthorized building, the conditions for which are defined by the Code of Spatial Planning, Architectural and Construction Activities of Georgia.
