Construction Violations

Construction violations are part of our daily lives. Many people know that placing an outdoor air conditioner aggregate, a boiler, or a signboard on the building’s facade requires approval from the architectural service. However, they may not be aware of the sanctions imposed when unauthorized construction is discovered.

The purpose of this article is to introduce you to the fines associated with these violations, noting that paying the fine does not relieve the obligation to dismantle the unauthorized construction. 

The territory within the administrative boundaries of the capital can be conditionally divided into three types of real estate:
• Ordinary territory;
• buffer zone for the protection of cultural heritage;
• Cultural heritage monuments.

In cases of legal violations, it is important to determine the basis for the construction work, specifically, whether it involves unauthorized construction or a violation of the approved project documentation. 

Both the classification of the territory and the identification of the legal basis for the construction work are essential in determining the nature of the violation and the amount of the fine.

Since we have divided the territory of Tbilisi into three categories of real estate for the purpose of determining fines, we will examine each of them in context of both unauthorized construction and project violations.

Construction in ordinary territory
• Unauthorized construction:
a) On real estate owned by the state or municipality - 25,000 GEL;
b) On privately owned real estate - 8,000 GEL;
c) On privately owned real estate, involving the construction of a class III or IV building and/or construction carried out on a class III or IV building - 20,000 GEL.

• Construction carried out in violation of project documentation:
a) During the construction of a class I building - 2,000 GEL;
b) During the construction of a class II building - 4,000 GEL;
c) During the construction of a class III building - 10,000 GEL;
d) During the construction of a class IV building - in the amount of 15,000 GEL.

Construction in the buffer zone for the protection of cultural heritage:
• Unauthorized construction:
a) On real estate owned by the state or municipality - in the amount of 250,000 GEL;
b) On privately owned real estate: 
b.a) For the construction of a class I building - in the amount of 16,000 GEL;
b.b) For the construction of a class II building - in the amount of 24,000 GEL;
b.c) For the construction of a class III or IV building and/or for construction carried out on a class III or IV building - in the amount of 200,000 GEL.
• Construction carried out in violation of project documentation:
a) During the construction of a class I building - in the amount of 2,000 GEL;
b) During the construction of a class II building - in the amount of 4,000 GEL;
c) During the construction of a class III building - in the amount of 30,000 GEL;
d) During the construction of a class IV building - in the amount of 45,000 GEL.

Construction on Immovable cultural heritage monuments
Unauthorized construction works will result in the following fines:
a) For minor rehabilitation work on an immovable cultural heritage monument - in the amount of 20,000 GEL;
b) For full rehabilitation work on an immovable cultural heritage monument - in the amount of 150,000 GEL.
 

The municipal inspection issues a resolution imposing the fine, which can be appealed once to a higher administrative body. Before issuing a resolution, the administrative body must thoroughly investigate and assess all relevant circumstances. This includes ensuring that the properly owner is properly notified and has the opportunity to attend a hearing, as well as ensuring the submission of an instruction/inspection act. If the owner restores the original condition (dismantles the unauthorized construction works) within the timeframe specified in the instruction, the legal basis for imposing a fine cease to exist, and the administrative body is obliged to terminate the proceedings.