Problematic Issues of Protection of the Rights of Owners of Neighboring Property in Issuing Construction Permits and Construction Planning


  • Davit Churghulia


Construction Law, Construction, Construction permit, Development Regulation Plan, Urban Planning document, neighboring building.


The article deals with the issues related to the protection of the property rights of neighboring property while construction planning and issuing construction permits. The mentioned issue is one of the cornerstones of the construction law. The importance of the issue is due to a significant increase in construction activity in recent years and issues of protection of the rights of persons participating in this process as well as the issues of protection of the rights of those who are directly or indirectly related to civil work. In addition, it should be emphasized that the growth of architectural-building activities is directly related to the improvement and development of the legislation in this sphere; therefore an important challenge is the analysis of the applicable legislation and the study of the probabilistic issues identified during its practical use. The article focuses on the basic concepts of the construction law and its constitutional-legal basis, the rules and stages for issuing building permits, peculiarities of administrative proceedings, participation of persons interested in production and protection of their interests. It also reviews the legal status of the owners of the neighboring property while building the construction, which is necessary for the effective protection of their rights. In addition, the shortcomings existing in practice, specific positions related to the matter are reviewed and the specific ways of elimination of deficiencies are discussed, which hopefully will make its modest contribution to the development of the relevant field.


Constitution of Georgia, 25/08/1995.

General Administrative Code of Georgia, 15/07/1999.

Law of Georgia on “Spatial Arrangement and Basis for Urban Construction”, 24/06/2005.

Law of Georgia on Licenses and Permits, 18/07/2005.

Resolution №57 of the Government of Georgia on the Rules of Issue of Construction Permit and Construction Conditions, 24/03/2009.

№14-39 Resolution of the Tbilisi City Council on Approval of the Rules of Regulation of the Use and Development of Tbilisi Municipality Territories, 24/06/2016.

Local self-government code of Georgia, 19/02/2014.

Izoria L., Korkelia K., Kublashvili K., Khubua G., commencts to the Constitution of Georgia, Human Funda-mental Rights and Freedom, Tbilisi, 2005, 146.

Turava P., Basic Concepts and Institutions of Construction Law, Legal Journal №2, 2009, 121,122, 123.

Gegenava D. Construction Law and its Legal Nature , legal journal “Sarchevi”, 1(2), Tbilisi, 2011, 24-32.

Tsiklauri B., Urban Construction (Construction Planning) in Construction Law, Journal “Sarchevi”, Tbilisi, 2011, 39.

Tsiklauri I., Issues of Administrative Proceedings for Issuing Construction Permit, Davit Batonishvili Institute of Law, Giorgadze L. (ed.), Tbilisi, 2013, 122-123.

Kalichava K., Construction Law, Khubua G.(ed.), Sommermann K.P., Legal Grounds for Public Governance.

TSU Administrative Sciences Publication, Tbilisi, 2016. V.3. 270, 271, 272, 273, 299.

Kalichava K., Control of admissibility of construction activities in Georgia (Reforms Need and Prospectives) Administrative Law, Scientific Journal, Kopaleishvili M. (ed.), Vol.2, Tbilisi, 2016, 93-104.

Decision of the Supreme Court of Georgia over the case №bs-1015-1007-(k11) 18/07/2012.



How to Cite

Churghulia, D. (2017). Problematic Issues of Protection of the Rights of Owners of Neighboring Property in Issuing Construction Permits and Construction Planning. Journal of Law, (2). Retrieved from