Forms of Ownership
Sole Ownership
- One owner
- Full freedom to dispose of the property
- Simplest transaction process
Joint Ownership
- Multiple owners
- Equal shares (unless otherwise specified)
- Consent of all owners required for sale
Shared (Fractional) Ownership
- Clearly defined shares for each owner
- Ability to sell one’s own share
- Pre-emptive right of purchase for the other co-owners
Stages of Purchasing Real Estate
Stage 1: Search and Selection of the Property
Search methods:
- Direct sales from developers
- Real estate agencies
- Online platforms
- Private advertisements
Initial inspection:
- Technical condition of the property
- Compliance with declared characteristics
- Inspection of utilities
- Evaluation of the district’s infrastructure
Stage 2: Legal Due Diligence
Seller’s documents to check:
- Title-establishing documents (sale-purchase agreement, gift deed, inheritance certificate)
- Current extract from the Real Estate Registry (no older than 1 month)
- Technical documentation (technical passport, floor plans)
- Certificate of no utility debts
- Tax certificate confirming no tax arrears
What to pay special attention to:
- Consistency of data across all documents
- Absence of encumbrances or arrests
- Seller’s legal authority to sell
- No ongoing disputes or litigation
Stage 3: Preliminary Contract
Contents of the preliminary contract:
- Full description of the property
- Price and payment procedure
- Deadline for signing the main contract
- Liability of the parties
- Termination conditions
Deposit (earnest money):
- Usual amount: 3–10% of the price
- Credited toward the purchase price
- Returned double if the seller backs out
- Retained by the seller if the buyer backs out
Stage 4: Preparation for the Main Transaction
Buyer’s documents:
- Passport (valid foreign passport for non-residents)
- Notarized translation of the passport into Georgian
- Certificate of marital status (if required)
- Notarized spousal consent for the purchase
- Power of attorney (if buying through a representative)
Property documents:
- Updated extract from the Real Estate Registry
- Technical documentation
- Certificates of no debts
- Approvals (if required)
Stage 5: Signing the Main Contract
The sale-purchase agreement must contain:
- Details of all parties
- Detailed description of the property including cadastral number
- Transaction price and currency
- Payment procedure
- Obligations of the parties
- Transfer of ownership and risks
- Liability for hidden defects
Notarial certification:
- Mandatory for all real estate transactions
- Verification of participants’ identity
- Verification of legal capacity
- Explanation of the contract content
- Confirmation that the contract reflects the parties’ true will
Role of the Notary & Choice of Notary
Selection criteria:
- Knowledge of Russian
- Experience with real estate transactions
- Positive reviews
- Convenient office location
Recommended notaries in Batumi:
- Nino Javakhadze — real estate specialist
- David Kobakhidze — works with foreign clients
- Maka Gelashvili — experienced in complex transactions
Procedure at the Notary
- Notary checks authenticity of all documents
- Verifies legal capacity of the parties
- Confirms no restrictions on alienation
- Ensures the price corresponds to market value
- Duration: 1–2 hours
- Cost: $200–500 depending on complexity
What you receive:
- Notarized sale-purchase agreement
- Certificate for registration in the Real Estate Registry
- Copies of all documents
State Registration of Ownership
Registration Procedure
Where to register:
- House of Justice in Batumi
- “My Documents” service centers
- Online via rs.gov.ge (for Georgian citizens)
Required documents:
- Notarized sale-purchase agreement
- Registration application
- Receipt of state duty payment
- Proof of payment of income tax (if applicable)
Registration timelines:
- Standard: 5 working days
- Expedited: 1 working day (+100% fee)
- Same-day: on the day of application (+200% fee)
State Duties (2025)
- Standard registration of ownership: 50 GEL (~$19)
- Expedited: 100 GEL (~$38)
- Same-day: 150 GEL (~$57)
- Extract/certificate: 5 GEL (~$2)
Taxation of Transactions
Taxes for the Buyer
Purchase tax:
- Apartments up to $200,000: no tax
- Apartments over $200,000: 4% on the amount exceeding $200,000
Example:
- Apartment price: $250,000
- Excess: $50,000
- Tax: $50,000 × 4% = $2,000
Taxes for the Seller
Income tax:
- Ownership < 2 years: 20% of profit
- Ownership ≥ 2 years: no tax
Exemptions:
- Sale of primary/only residence: tax-free
- Reinvestment in another property: tax benefits
Special Cases
Purchase via Power of Attorney
Used when:
- Buyer cannot be present in person
- Remote transaction
- Purchase through a relative or friend
Requirements for the power of attorney:
- Notarized in the country of residence
- Apostille or consular legalization
- Translation into Georgian
- Specific authority to purchase real estate
Purchase into Shared Ownership
Features:
- Clear definition of each party’s share
- Consent of all co-owners required for future transactions
- Possibility of physical division of shares
Rules for spouses:
- Presumption of equal shares
- Spousal consent required for disposal
- Specific rules in case of divorce
Purchase of Off-Plan Property
Additional documents:
- Equity construction participation agreement
- Construction permit
- Project documentation
- Construction schedule
Registration features:
- Full ownership arises only after commissioning
- Until handover: only a claim right
- Re-registration required after commissioning
Common Mistakes and How to Avoid Them
Document Verification Mistakes
- Outdated registry extract
- Discrepancy in declared vs actual area
- Hidden encumbrances
- Incorrect cadastral number
How to avoid: order a fresh extract, cross-check everything, use a lawyer.
Contract Drafting Mistakes
- Inaccurate property description
- Wrong price
- Missing essential clauses
- Incorrect participant details
Prevention: read carefully, ask the notary, never rush.
Financial Mistakes
- Forgetting additional costs
- Miscalculating taxes
- Currency control issues
- Insufficient funds at closing
Solution: budget a reserve, clarify taxes in advance, prepare full amount.
Post-Transaction Procedures
After Receiving Ownership
- Register land plot rights (if applicable)
- Transfer utilities to your name
- Notify the management company
- Insure the property
Recommended:
- Make notarized copies of all documents
- Register with tax authorities (if renting out)
- Open personal utility accounts
- Conduct technical inventory
Document Management
Keep originals in a safe or bank deposit box
Keep notarized copies for daily use
Store scanned copies in the cloud
Total Transaction Costs
Mandatory Expenses
- Notary services: $200–500
- State duty: $19–57
- Document translation: $50–100
- Certificates/extracts: $20–50
- Purchase tax: 0–4%
Total mandatory: $300–1,000+
Optional Expenses
- Legal support: $300–800
- Property valuation: $100–200
- Technical inspection: $150–300
- Title insurance: $200–500
Practical Tips
- Never rush — check everything carefully
- Work only with professionals (lawyer + trusted notary)
- Research the market — compare prices and conditions
- Plan the full budget including all fees
- Keep all documents — you’ll need them later
Red Flags — Stop the Deal Immediately If:
- Seller pressures you to sign quickly
- Price is significantly below market
- Documents look suspicious
- Seller avoids notary
- Third-party claims appear
Conclusion
The legal process of buying real estate in Batumi is straightforward but requires attention to detail and strict adherence to procedure.
Key principles for a successful transaction:
- Thorough verification of all documents
- Work only with verified professionals
- Observe all formalities
- Budget for every expense
- Preserve all paperwork
Typical timeline: 7–15 days total
With proper due diligence and professional assistance, purchasing property in Batumi will be fast, smooth, and problem-free — and you will become the full legal owner of Georgian real estate.
Article prepared by: Georgian real estate lawyers
Legislation current as of: September 2025
Personal legal consultation is recommended
