The “Young Barristers” appeals to the Government with a proposal to legalize unauthorized constructions built by natural persons

12 May, 2015

The organization “Young Barristers” appeals to the Government of Georgia  with a recommendation, to prepare amnesty, to be implemented once  towards those natural  persons, who had carried out construction activities , before  January 1, 2015, without a relevant  permit submitted by the conciliation of the construction project  and  construction permit  issuing authority.

According to the lawyer of the “Young Barristers”, Levan Beradze, the Government should objectively appraise  a problematic  issue of  unauthorized constructions built by natural  persons,  which  is faced by the Government of the Capital since 2007 and remains  to be unsolved  till now. Accordingly, in case of the amnesty, both, the interests of the citizens and that of the state will be protected . As for the results, new regulations will improve control mechanism of unauthorized constructions in record of construction permits on behalf of the state bodies supervising architectural and construction activities.

The “Young Barristers” considers, that the new rules on the legalization of  illegally constructed buildings or parts of the buildings  built  without a construction permit  and with violation of the  conciliation of the project, should be established. A building or a part of it, constructed without a special permit , construction of which had been started before January 1, 2015 and the natural persons constructing such buildings have no sufficient construction permit, and finish of such a building is not going to change initial architectural project, should be legitimated by the Government.

The “Young Barristers” takes into consideration an existing situation within the country and on the basis of the problem analysis, believes, that, dismantling of a building should be an ultimate form for eradication of  illegality , and such a measure should only be used towards those   constructions or the parts of the constructions, which  endanger   human life or health.   We believe, that the Government should by all means take into account the social and  economic situation of the State, make some concessions and  let  private persons  legalize unauthorized  constructions and  parts of the constructions, built  without a proper permit  of the  conciliation  of the project and construction  permits issuing authority.

According to the current legislation, certain legal measures are taken against the constructions and it’s parts and extensions,  built without  a relevant permit. However, at the current stage, the state should make some concessions, and establish certain standards for unauthorized  constructions. In case if these new standards are met, such constructions should be legalized.

For more information: the same act was implemented in Georgia in 2007, when the President adopted a decree N660  of November 24, 2007 N660 on the “approval of the decision-making rules  of the construction permit issuing authority for the legalization of unauthorized constructions built without   a construction permit or with violation of the  conciliated project”.



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