Legal Closing of Apartment Purchase in Batumi: Step-by-Step Guide 2025

Legal Framework for Buying Real Estate in Batumi 2025 – Complete Detailed Guide

Legislative Basis Key laws:

• Civil Code of Georgia
• Law “On State Registration of Rights to Immovable Property”
• Law on Notaries
• Tax Code of Georgia

Rights of Foreign Citizens

• Full 100% ownership of apartments and residential units
• Restrictions only on purchase of agricultural land
• Completely equal rights with Georgian citizens for urban real estate

Forms of Ownership

Sole Ownership

• One owner
• Full freedom of disposal
• Simplest transaction procedures

Joint Ownership (without division)

• Multiple owners
• Equal shares (unless otherwise specified)
• Sale requires consent of all owners

Tenancy in Common (Shared Ownership)

• Clearly defined individual shares
• Ability to sell one’s own share
• Pre-emptive right of purchase for other co-owners

Stages of Purchasing Real Estate – 5 Detailed Steps

Stage 1: Search and Selection of Property Search methods:

• Direct sales from developers
• Real estate agencies
• Online platforms
• Private listings

Initial inspection:

• Technical condition of the property
• Compliance with declared specifications
• Checking utilities and communications
• Evaluation of district infrastructure

Stage 2: Legal Due Diligence Seller’s documents to check:

• Title-establishing documents (previous sale contract, gift, inheritance)
• Current extract from the Public Registry (no older than 1 month)
• Technical documentation (technical passport, floor plans)
• Certificate of no utility debts
• Tax clearance certificate

Key points to verify:

• Full consistency of all data
• No encumbrances, liens or arrests
• Seller’s legal authority to sell
• No disputes or ongoing lawsuits

Stage 3: Preliminary Contract Contents of the preliminary contract:

• Full and accurate description of the property
• Price and payment procedure
• Deadline for signing the main contract
• Liability of the parties
• Termination conditions

Deposit (zadatok/earnest money):

• Usual amount: 3–10% of the price
• Credited toward final payment
• Returned doubled if seller withdraws
• Kept by seller if buyer withdraws

Stage 4: Preparation for the Main Transaction Buyer’s documents: 010 - Valid passport (foreign passport for non-residents)

• Notarized translation of passport into Georgian
• Marital status certificate (if required)
• Notarized spousal consent (if married)
• Power of attorney (if buying through a representative)

Property documents:

• Updated Public Registry extract
• Technical documentation
• Certificates of no debts
• Additional approvals (if needed)

Stage 5: Signing the Main Sale Contract The contract must contain:

• Details of all parties
• Detailed property description with cadastral number
• Transaction price and currency
• Payment procedure
• Obligations of the parties
• Transfer of ownership and risks
• Liability for hidden defects

Notarization – Mandatory for all real estate transactions

• Verification of participants’ identity
• Verification of legal capacity
• Explanation of contract contents
• Confirmation that the contract reflects true intent

Role of the Notary in the Transaction

Choosing a Notary Selection criteria:

• Fluency in Russian
• Experience with real estate
• Positive reviews
• Convenient office location

Recommended Notaries in Batumi 2025

• Nino Javakhadze – real estate specialist
• David Kobakhidze – extensive experience with foreign clients
• Maka Gelashvili – complex transactions

Procedure at the Notary Notary’s checks:

• Authenticity of all documents
• Legal capacity of parties
• No restrictions on alienation
• Price conformity with market value

Duration: 1–2 hours Cost: $200–500 depending on complexity

What you receive:

• Notarized sale contract
• Certificate for submission to the Public Registry
• Copies of all documents

State Registration of Ownership

Where to register

• House of Justice in Batumi
• “My Documents” service centers
• Online via rs.gov.ge (for Georgian citizens only)

Required documents

• Notarized sale contract
• Registration application
• Receipt for state duty payment
• Proof of income tax payment (if required)

Registration timelines

• Standard: 5 working days
• Expedited: 1 working day (+100% fee)
• Same-day: day of application (+200% fee)

State Duties 2025

• Standard registration: 50 GEL (~$19)
• Expedited: 100 GEL (~$38)
• Same-day: 150 GEL (~$57)
• Obtaining certificate: 5 GEL (~$2)

Taxation of Transactions

Purchase Tax – Buyer

• Apartments up to $200,000: no tax
• Over $200,000: 4% only on the excess amount Example: $250,000 apartment → $50,000 excess → tax $2,000

Capital Gains Tax – Seller

• Ownership < 2 years: 20% on profit
• Ownership ≥ 2 years: no tax
• Exemptions: sale of sole residence or reinvestment in real estate

Special Cases

Purchase via Power of Attorney When used:

• Buyer cannot be present in person
• Remote transaction
• Through a relative or friend

Requirements for PoA:

• Notarization in country of residence
• Apostille or consular legalization
• Translation into Georgian
• Specific powers for real estate purchase

Purchase into Tenancy in Common

• Precise definition of each participant’s share
• Consent of all owners for future transactions
• Possibility of physical division of share

Joint Purchase by Spouses

• Presumption of equal shares
• Consent required for alienation
• Special rules in case of divorce

Purchase of Off-Plan / Under-Construction Property Additional documents:

• Share participation agreement
• Construction permit
• Project documentation
• Construction schedule

Registration specifics:

• Full ownership only after commissioning
• Until handover – only claim right
• Re-registration required after commissioning

Common Mistakes and How to Avoid Them

Mistakes in Document Verification Typical issues: outdated extract, mismatched area, hidden encumbrances, wrong cadastral number How to avoid: always request fresh extract, cross-check all data, check history, use a lawyer

Mistakes in Contract Drafting Typical flaws: inaccurate description, wrong price, missing key clauses, incorrect participant data Prevention: read carefully, ask the notary questions, compare with documents, don’t rush to sign

Financial Mistakes Common problems: not accounting for all costs, incorrect tax calculation, currency regulation issues, insufficient funds Solutions: keep contingency reserve, clarify all taxes in advance, study currency laws, prepare full amount before starting

Post-Registration Procedures

Mandatory actions after receiving ownership

• Register land rights (if applicable)
• Transfer utilities to your name
• Notify management company
• Obtain property insurance

Recommended actions

• Make notarized copies of all documents
• Register with tax office (for rental)
• Open personal utility accounts
• Conduct new technical inventory

Document Management What to keep:

• Original sale contract
• State registration certificate
• Public Registry extract
• Technical passport
• All financial documents

Where to store:

• Originals – in safe or bank deposit box
• Notarized copies – for daily use
• Digital copies – in cloud storage

Total Transaction Costs

Mandatory expenses

Additional recommended expenses

• Legal support: $300–800
• Valuation: $100–200
• Technical expertise: $150–300
• Transaction insurance: $200–500

Practical Tips for Buyers

1. Never rush – thoroughly check every document
2. Work only with professionals – lawyer and trusted notary
3. Study the market – compare prices and conditions
4. Plan full budget – including all transaction costs
5. Keep all documents – they will be needed for future operations

Red Flags – Stop the Transaction Immediately If:

• Seller pressures for quick signing
• Price significantly below market
• Documents look suspicious
• Seller avoids notarization
• Third-party claims appear

Conclusion

The legal process of buying real estate in Batumi is relatively straightforward but requires meticulous attention to detail and strict adherence to the established procedure. Key principles of a successful transaction:

• Thorough verification of all documents
• Working only with proven professionals
• Compliance with all formalities
• Full budget planning
• Preservation of all documents

Typical timelines

• Document check: 3–7 days
• Contract preparation: 1–2 days
• Notarization: 1 day
• State registration: 1–5 days
• Total: 7–15 days

When all requirements are met and you work with professionals, buying real estate in Batumi will be fast and trouble-free, and you will become the full legal owner of Georgian property.

Prepared by: Georgian real estate lawyers Legislation current as of: September 2025 Personal legal consultation is strongly recommended before signing.