Land Plot
A land plot is - an agricultural land plot or a non-agricultural land plot with or without buildings (built, under construction or demolished);
What does the state land registration reform mean?
A law came into force on August 1, 2016, which simplifies land registration and makes it as accessible as possible to citizens. The purpose of the legislative changes is to eliminate the difficulties faced by landowners in the process of property registration. The law simplifies the procedure for registering land plots; Barriers faced by the owner were removed and the registration procedure was encouraged. The new law focuses on simplifying real estate registration procedures and protecting the rights of the owner.
What is meant by simplified registration proceedings?
1. The registering body, on its own initiative, searches for documents proving ownership or legal ownership.
The search for the right documents is done:
• From the National Archives of Georgia;
• From the LEPL-Revenue Service of the Ministry of Finance of Georgia;
• From the self-governing unit of the respective district;
• From the archives of the Notary Chamber of Georgia;
• From the National Agency for Public Service Development;
2. Within the framework of systematic registration, the National Agency of Public Registry carries out the cadastral description of the land plots and documents the results of the work performed in the geographical areas defined by the order of the Minister.
3. If there is a disagreement between the owners of two or more adjacent land plots regarding the location of these land plots. The agency applies "mediation" to resolve the dispute. The mediation process is led by either "mediator notaries" or "persons with special knowledge". Namely: Chief Specialist of the Tbilisi Civil Registry Office; A representative of the National Bureau of Enforcement; Representatives of a self-governing unit, municipality or board; See the full list of mediators at http://napr.gov.ge/p/1467 Dispute resolution is simplified and is an alternative means of resolving disputes in court.
4. The Agency shall ensure the recognition of the right of ownership over the arbitrarily occupied land plot located in the geographical area of systematic registration.
What does sporadic and systematic registration mean?
Sporadic registration of ownership of land plots is carried out in the whole territory of the country on the basis of the application of the interested person, registration documentation, cadastral planning / measurement drawing prepared in accordance with the current legislation and a document confirming the payment of the fee for the service.
System registration is based on the registration documents proactively and systematically obtained by the National Agency of Public Registry / project implementer of special state and public importance and compiled cadastral planning / measurement drawing.
Who is considered an interested person within the state project?
A person who has a document certifying the right of ownership or legal ownership (use) of the land has the right to request registration of ownership of the land within the framework of the state project.
On what basis is the registration of land ownership within the state project?
Registration of land ownership within the state project, or registration of changes in already registered data is based on cadastral plan / measurement drawing of the land submitted by the interested person, personal application and registration documents obtained by the agency itself.
What is considered a title deed?
The following are considered as proof of property rights:
• Acceptance-delivery act;
• A court decision that has entered into force;
• Transaction concluded between the parties;
The following are considered as a document certifying the legal ownership of the land:
• Certificate of registration in the technical inventory archive as the owner (user) of the real estate before October 4, 2004;
• Extract from the book;
• The gardener's book;
• List of land allocations compiled by the Land Reform Commission and approved at the village (borough) congress (general assembly);
• List of Land Taxpayers (Tax List);
A transaction entered into without exposing the form
The existence of a transaction concluded unprotected (orally or in writing) between a person / owner, a natural person and / or a legal entity under private law and a user entitled to register a property right is established by a written agreement between the parties, which confirms the authenticity of the parties' signatures. This action is considered as re-concluding the transaction.
The written agreement concluded in this manner and the cadastral planning / measurement drawing of the land plot are the basis for the registration of the user's property right in the public register.
What does mediation mean?
Notarial mediation is an alternative means of resolving a private dispute during systematic registration or sporadic registration, led by one or more mediator notaries;
See the full list of mediators at http://napr.gov.ge/p/1467
In case of a private dispute between the parties during the registration process, the Agency shall apply to the notary mediation to resolve this dispute. The notary mediator informs the parties about the terms of the notarial mediation and with their consent appoints the time and place of the meeting.
Notarial mediation is completed no later than 3 weeks after the application to the mediator notary. In case of failure to reach an agreement by the parties, the right to the land plot shall be registered in accordance with the rules established by this Law.
Registration of land ownership in the public register does not restrict the right of the parties to apply for notarial mediation to resolve the dispute.
Depending on the specifics and complexity of the dispute, notarial mediation is conducted by one or more mediator notaries.
Another alternative way of resolving a dispute
If after the appointment of mediation the dispute between the parties can not be resolved, the relevant act is drawn up and the dispute is resolved in court.
Is the right of ownership of the land registered, if neither the interested person nor the agency could find the necessary documents for registration?
If by combining the results of the cadastral census and the registration documents within the sporadic registration, it is established that the registration object is not fully or partially legally owned, the National Agency of Public Registry is obliged, with the consent of the interested person, to apply to the relevant municipal To consider the matter within its competence.
The National Agency of Public Registry applies to the Commission only if a residential house (built, under construction or demolished) or a non-residential building (built, under construction or demolished) is located on the land, or if the land is adjacent to the land owned or legally owned by an interested individual. (With or without a building).
If during the administrative proceedings initiated on the basis of the application for sporadic registration in the geographical area of systemic registration, the results of the cadastral census and registration documents show that the registration object is not fully or partially legally owned, National Agency of Public Registry, in accordance with the rules established by this Instruction.
Who do I contact to register the ownership of the land under the project?
To register the ownership of a land plot within the framework of a state project, you must contact the House of Justice, the House of Culture or the relevant territorial service and bring the following documents:
• Application (electronic application is filled in by the receiving operator);
• Your identity document;
• Cadastral removal / planning drawing of a land plot as part of sporadic accounting and email. Version;
• A document certifying the ownership or legal title to the land, if any;
According to the state project, there is no need to submit eligible documentation, since the registering authority itself looks for the documentation necessary for registration.
However, in order to speed up the completion of the registration proceedings, the interested person may submit documents confirming the right.
How soon after the submission of the application will the registration process be completed?
The registration proceedings will be terminated after the submission of the application after the registration documents have been fully retrieved by the interested person or the registering authority.
Terms of service and service fee
1. Within the framework of sporadic registration of a land plot located in the geographical area of systematic registration, on the basis of a document certifying legal ownership (use) or ownership right, registration of property rights, verification / change of cadastral data of land plots registered in the public register - within 3 months - 300 GEL;
2. Within the framework of sporadic registration of an arbitrarily occupied land plot located in the geographical area of systemic registration, registration of a right with recognition of property right - within 3 months - 600 GEL;
3. If by combining the results of cadastral inventory and registration documents in the geographical area of systemic registration, it is established within the framework of sporadic registration that the registration object is not fully or partially legally owned and the interested person requests registration of ownership of the arbitrarily occupied land. 300 GEL is added;
4. Initial registration of land ownership within the framework of sporadic registration and verification / change of cadastral data of the land registered in the public register - Article 2-4 of the Law of Georgia on Systematic and Sporadic Registration of Land Rights and Improvement of Cadastral Data Within the period set by 5 points - 300 GEL.
Validity of the law
The law is valid until January 1, 2025.