Перед покупкой квартиры в Грузии посмотрите это: ошибки, налоги, ВНЖ

Business-focused summary (legal/commercial execution for buying real estate in Georgia)

Core message

Real estate purchase in Georgia is not “pay → get keys.” Risk is often created by execution gaps across:

• Property verification
• Seller verification
• Contract structure
• Payment sequencing
• Developer/acceptance processes

Legal outcomes (especially eviction) still require court enforcement.

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Practical due diligence playbook (3-point checklist)

The presenter’s recommended minimum checklist:

1) Check the property (object)

• Request and review the extract from the public registry; if it’s not updated within ~2–3 months, update it.
• If anything looks alarming, request documents proving how the seller acquired rights.
• Do a technical inspection, especially for older housing:
  • Facade vs actual condition
  • Possible structural/development issues

2) Check the seller

• Verify who the sellers actually are and whether anyone is absent/out of Georgia.
• If sellers are absent:
  • Require power of attorney
  • Ensure correct notarization
• Special cases (e.g., minors involved) may require court involvement.

3) Check the contract

Even if the justice department provides a standard template, focus on:

• Purchase price and payment mechanics
• When ownership transfers vs when payment is completed
• Protection mechanisms if the seller/developer delays or occupies the premises

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Common “surprise” scenarios (execution risks)

Examples highlighted as frequent sources of problems:

• Seller occupancy risk: buyer signs the contract but the seller stays living; buyer must later evict via court (potentially lengthy—up to ~3 years in the worst-described scenario).
• Mortgage / encumbrance issues: buyer may acquire a unit with a mortgage (Georgia may not require bank consent in the same way, but it creates downstream settlement risk).
• Incorrect land/build configuration: property differs from how it’s recorded in the registry (may trigger lengthy approval for “illegal redevelopment”).
• Cultural heritage property: remodeled heritage sites require explanation/coordination with the Ministry of Culture.
• Old town / shared property complexity: unclear ownership and shared infrastructure (e.g., pipes along facades) can lead to fines and may require coordination with all participants to legitimize changes.

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Payment & ownership sequencing: recommended control model

Georgia’s system is described as not guaranteeing escrow-like protection automatically (“the state/justice department doesn’t care whether money was paid”). Therefore, execution relies on contract/payment design.

Key recommended approaches:

• Stagger payments (not one lump sum).
• Use deposit + collateral (pledge) logic:
  • Ownership can transfer, but the property remains collateral until full payment.
  • Then the pledge is removed after payment.

Timing expectations (operational reality)

• Complex transactions involving mortgage settlements are portrayed as manageable in ~1 day (or up to a few hours / ~4 hours in a bank), despite fears of “a week.”

Mortgage example flow (execution steps)

For a unit with seller and/or buyer mortgages:

• Pay the amount needed to close the seller’s mortgage → bank removes the mortgage
• Register ownership transfer
• Buyer’s mortgage pays the remainder

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Enforcement reality: eviction and rent disputes

• If the seller/tenant doesn’t vacate, eviction cannot be done “just with police/bailiffs”; it requires court decisions.
• Court complexity increases if multiple occupants live there; you may need to sue everyone in the unit.
• Remedies for rent overstay:
  • Litigation for damages/penalties
  • Plus litigation for eviction

The lawyer notes the discussion is “theory,” and she (and her firm) may not personally experience frequent evictions—however, operational risk still exists and must be structured upfront.

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Developer purchases: stage selection + contract enforcement tactics

Main operational pain points

• Construction delay
• Delivery quality/defects
• Acceptance procedure risk: buyers can be pressured into signing acceptance acts that omit deficiencies.

Developer dispute handling framework

1. Don’t wait for delay to happen
   • Watch for early indicators.
   • Georgia law delay reference given: ~6% maximum / 6 months, then escalation logic implied.
2. File complaints / prepare lawsuits early
3. Secure claims
   • “Secure your claims with the developer’s property”
   • “Secure claims with funds on bank accounts”
4. Use technical specialists during acceptance
   • Don’t merely sign the deed/acceptance certificate.
   • Attach inspection results and document discrepancies vs contract/specs.

Concrete example outcome pattern

• Buyer options:
  • Sign an act “without claims” and get keys immediately (faster for investment readiness)
  • Or force deficiency repair first (slower, but safer control)
• In a described case:
  • Extensive email correspondence
  • Ultimately reaching a settlement
  • Included concessions such as relief related to management company fees (as described)

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Choose a developer: due diligence checklist

The lawyer’s recommended steps:

• Legal status & registration

  • Review the developer’s entity registration and structure.
  • Look for nominal partners/directors as a red flag.
  • Determine how long the company has existed.

• Public registry extract for encumbrances

  • Check tax liens, disputes, mortgages, partner disputes.
  • Any “problems” recorded = red flag.

• Permitting documentation & project legitimacy

  • Since after 2022, construction requires permission—verify permitting documentation.

• Project scope & promised infrastructure

  • If promised amenities (pool, gym, tennis courts) aren’t in the sales contract, demand documentation alignment.
  • At minimum, record promises in written correspondence.

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Investment / strategy execution: taxes and documentation planning (high-level)

The guidance is mainly framed as “execution planning,” including taxes and residence-permit implications.

Taxes (key triggers and rates mentioned)

Property tax

• Paid once per year on owning real estate.
• Example threshold: if family global income exceeds 40,000 GEL (household threshold implied), property tax applies.
• Maximum rate mentioned: up to 1% of market value for high-income scenarios (and expensive areas like Tbilisi/Batumi).

Income tax on sale

• If sold within two years of purchase (or within two years after changing commercial use status), income tax may apply.
• Contrast mentioned:
  • 20% if treated as non-residential/business-style use
  • 5% if rented for residential purposes

Income tax on rental

• Income tax arises for rental; the lawyer notes the rent amount may not change the tax trigger.

VAT (18%)

• Trigger: if investment activities/sales exceed thresholds (e.g., >100,000 GEL over last 12 months), you may need VAT payer registration even as an individual.
• Strategy advice: consider buying from VAT-payers and manage VAT implications on resale.

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Residence permits (business-linked immigration execution)

High-level thresholds mentioned:

• Short-term residence permit: property value >$150,000
  • Narrative indicates the threshold increased to 150,000 as of March 1st.
• Investment residence permit: property value >$300,000
  • Benefits mentioned: 5-year permit → permanent
  • No work permit required if working under the described framework

Family extensions:

• Investment residence permit allows spouse and minor children (via investment category).
• Short-term permit described as enabling adult children to obtain permits via joining.

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Work permit “vicious circle” (operations/HR compliance)

• If a foreigner works for the Georgian economy (even while abroad), they may need:
  • A residence permit
  • A work permit
• Problem described:
  • Residence permit for work requires earning 50,000 GEL (as stated)
  • Work permit depends on residence permit
  • This creates a loop
• Workable workaround mentioned:
  • Obtain residence permit first via real estate or family-related reasons.

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Metrics / KPIs and explicit targets mentioned

Although described as legal advice (not “SaaS business ops”), the video includes concrete thresholds/rates used like decision KPIs:

• Property value thresholds:
  • $150,000 (short-term residence permit)
  • $300,000 (investment residence permit)
• Family income threshold for property tax:
  • 40,000 GEL (household global income)
• Construction delay reference:
  • ~6% figure and 6 months reference (legal delay logic described)
• VAT:
  • 18%
  • VAT registration trigger mentioned: >100,000 GEL income over last 12 months
• Income tax on sale:
  • 20% mentioned if classification/use is “wrong”
  • 5% mentioned for residential-rent scenario
• Work/residence permit hurdle:
  • 50,000 GEL earning requirement cited

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Actionable recommendations distilled

• Before signing: verify extract recency, seller identity/authority, and contract payment/ownership mechanics.
• Structure payments with staged payments and (ideally) pledge/collateral until full payment.
• During acceptance: bring technical specialists; attach deficiency inspection results to acceptance paperwork.
• During developer delays: do not wait—prepare complaints/lawsuits early and secure claims against assets/accounts.
• Tax/residence planning: choose the purchase strategy (living vs investment vs business-use rental) to avoid triggering higher tax treatment (especially VAT and higher income tax rates).
• Avoid “documentation hiding” tactics (e.g., assignment vs actual purchase when title isn’t registered)—tax authorities may recharacterize transactions during audits.

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Presenters / sources

• Anna Davidson — Founder, Just Advisors (law firm)
• Host/Interviewer — referred to as “Anya/Anna” in subtitles (name not clearly provided)