18.07.2007 State Authorizes Legalization of Land Possessed without Permission

After payment of certain fees natural persons and legal entities of private law can request legalization of ownership rights to state-owned lands which are in legitimate possession and use or occupied without permission.

 

On July 11 the parliament of Georgia passed the law on Recognition of Ownership Rights to Land in Legitimate Possession and Use or Land Occupied without Permission by Natural Persons or Legal Entities of Private Law. The law provides for the basic principles and conditions for ownership rights legalization to such lands.

 

The law determines definitions for land in legitimate possession and use, as well as for land occupied without permission, in particular:

 

Land in legitimate possession – state owned agricultural or non-agricultural land parcel with buildings (already built, under construction or destroyed) or without them, to which the natural person’s right of legitimate possession had been conferred before January 1 of 1999.

 

Land in use – state owned non-agricultural land parcel with buildings (already built, under construction or destroyed) or without them, to which the right of use had been conferred before November 12 of 1998 to natural person, legal entity of private law or other organization determined by law; or non-agricultural land parcel with buildings, if these buildings had been owned by natural persons, legal entities of private law or other organizations before January 1 of 2007; or land parcel transferred to those legal entities of private law, which are founded by the state.

 

Land occupied without permission – state owned agricultural or non-agricultural land parcel with buildings (already built, under construction or destroyed) or without them, which has been occupied without permission before January 1of 2007 by natural person,  legal entity of private law or other organization determined by law and which are not disposed by the state for the moment when ownership right recognition is requested.

 

The person interested in ownership right recognition to the land in legitimate possession and use or to the land occupied without permission must address to special commission of respective local self-government body and submit the application, documents confirming legitimate possession, use or occupation without permission, cadastral plan of land parcel, information necessary to determine the fees for ownership right recognition and copies of applicant’s ID and foundation documents. Commission shall take decision in a month’s period.

 

Recognition of ownership rights to the land in legitimate possession shall be free of charge.

 

The fees for ownership right recognition of each square meter for the land parcel in use equals ten times the annual base rate of the agricultural land tax determined by the Tax Code of Georgia at the time, when ownership right recognition is requested.

 

As to the fees for ownership rights recognition to land occupied without permission, it differs for agricultural and non-agricultural lands:

 

- for each hectare of agricultural land it equals hundred times the annual base rate of agricultural land tax determined by the Tax Code of Georgia at the time, when  ownership right recognition is requested;

 

- for each square meter of non-agricultural land parcel it equals  two hundred times the annual base rate of non-agricultural land tax determined by the Tax Code of Georgia at the time when ownership right recognition is requested. If the two hundred times the annual base rate exceeds normative price of non-agricultural land for each square meter, the fees for ownership right recognition for each square meter of non-agricultural land accounts for the normative price of land used at the time when ownership right recognition is requested.

 

Cattle transfer roots, lands of water fund, recreational lands, lands occupied with historical, cultural, natural and cult-religious monuments, protected territories, squares, streets, lands occupied with reservoirs and hydro technical buildings and other categories of land specified by the Law shall not be subject to ownership rights recognition.

 

The Law shall be enacted as soon as the presidential order on the enactment of the rule for ownership rights recognition to the land parcels in possession (use) of natural persons or legal entities of private law comes into force. The order shall be issued by the president of Georgia until September 15, 2007.

 

After the Law enters in force, the Law on Declaration of Non-agricultural Land Used by the Natural Persons and Legal Entities of Private Law as Private Property (1998) shall be abolished.