Skip to content
AcrossEstate

Reselling off-plan in Georgia. You pass on a contract, not a flat.

In short

Until a new-build flat in Georgia is finished and registered in your name, you own no property, only rights under your contract with the developer. Reselling means assigning that contract to a new buyer. Because the new buyer also takes over your remaining instalments, the developer's consent is almost always needed. Whether, and on what terms, it agrees is set out in the contract.

The assignment in four steps

Buying to sell on at a profit before completion means carrying the full market risk. Nobody can promise a premium. While the developer is still selling units in the same building, your offer competes with its own.

Buying off-plan: risks and protection

Process

The assignment in four steps.

How a contract for an unregistered flat is transferred. The basis is your contract with the developer and the Civil Code's rules on transferring claims.

  1. 1

    Find the clause

    Look for the rule on assignment or transfer to third parties. It often says whether the developer must consent, what fee it charges and whether all instalments due must be paid. If there is no clause, the law applies.

  2. 2

    Obtain consent

    Under Article 198 of the Civil Code you can transfer assignable claims and rights, such as the right to handover, to another person. Your duty to pay the remaining instalments does not pass to the new buyer automatically. For the new buyer to take your place and for you to be released, the developer has to take part.

  3. 3

    Sign a three-way agreement

    The clearest form is an agreement between you, the new buyer and the developer. It states the amount already paid, the remaining instalments and their dates, and the price the new buyer pays you. Attach the original purchase contract and the payment plan.

  4. 4

    Update the registry

    If your right is secured in the registry, for example by a pre-registration or a registered obligation to transfer the unit, have the entry cancelled and a new one made for the new buyer. On completion, the National Agency of Public Registry registers the new buyer as owner. Check the extract afterwards to make sure your name no longer appears.

Tax on the gain

Under the Finance Ministry's Public Ruling No. 143, transferring rights under a preliminary agreement is a supply of a right, not of immovable property. The gain is then taxed at the general rate of 20%, not the 5% rate for homes. It is exempt only under the general exemption for assets held for more than two years and not used in economic activity. A flat under construction bought with all the rights needed to use it as a home is different: it counts as a home even before commissioning. Have the Revenue Service confirm how your contract is classified before you sign.

Check when you buy

Whether you can resell at all is decided by the contract you sign today. If it bans assignment or ties it to an open-ended fee, your money is locked in until completion.

What matters

Five points before any assignment.

For both sides: anything not in the agreement is hard to prove in a dispute.

  1. The developer's fee

    Many contracts charge a fee for consent, either a fixed sum or a share of the price. Only your contract counts. A clause that leaves the amount open or at the developer's discretion is a warning sign.

  2. Release from liability

    Without an express release, the developer may still pursue you for instalments if the new buyer fails to pay. Have that sentence written into the three-way agreement.

  3. Payment status

    Ask the developer to confirm in writing how much you have paid up to the date of assignment. It shows the new buyer what has already been paid and what still goes to the developer.

  4. Money flow

    The new buyer pays you for your position and pays the remaining instalments to the developer. Agree that the assignment takes effect only once your money has arrived, or use an escrow account.

  5. For the new buyer

    Taking over a position means taking over every project risk: delay, changes, insolvency. The new buyer should check the permit, construction progress and contract as carefully as on a first purchase.

Frequently asked questions

Questions about assignment.

Whether it is possible, consent, instalments, tax and planning ahead.

Can I resell an off-plan apartment in Georgia before completion?

Yes, by assigning your contract with the developer to a new buyer. You are not selling property, because the flat is not yet registered in your name. The conditions are in your contract.

Does the developer have to consent to the assignment?

For the whole contract, usually yes. Assignable claims can be transferred under Article 198 of the Civil Code, but your duty to pay the remaining instalments does not pass with them automatically. That needs the developer. Many contracts require its consent expressly.

What happens to the remaining instalments?

The new buyer takes them over and pays the developer. Make sure the agreement releases you from the duty to pay; otherwise the developer can still look to you.

How is a gain on an assignment taxed?

Public Ruling No. 143 treats rights under a preliminary agreement as a right, not a home. The general rate of 20% applies, and neither the 5% rate nor the exemption for homes does. The gain is tax-free only if the general exemption for assets held more than two years applies. If you bought the flat under construction with full rights of use, it may already count as a home. Have the Revenue Service confirm the classification in advance.

What should I look for when buying if I may want to resell?

An assignment clause with clear conditions and a fixed fee. If there is none, or the contract bans assignment, your money stays in the project until completion.

Last reviewed on November 2, 2026. Sources: Civil Code of Georgia, Art. 198 (transfer of claims and rights) (matsne.gov.ge), Law of Georgia on Public Registry, Art. 12 (pre-registration) (matsne.gov.ge), Tax Code of Georgia, Art. 81(1) and (3) and Art. 82(1) (matsne.gov.ge), as cited in Public Ruling No. 143, Ministry of Finance of Georgia, Public Ruling No. 143 of 14 May 2026 (sections on rights under a preliminary agreement and on flats under construction), amended by No. 175 of 8 June 2026 (matsne.gov.ge), National Agency of Public Registry (napr.gov.ge). This guide is not legal or tax advice.

Read next

More on contracts and exits.

Selling after registration, buying off-plan and the clauses in the purchase contract.

Selling

Selling property in Georgia

Contract, registration, tax and getting the money out.

Off-plan

Buying off-plan

Risks of buying a new build and how to protect yourself.

Contract

Developer sale contracts

Nine clauses to read before you sign.

Read the exit clause before you go in.

Every project page shows the payment plan and completion date. The assignment clause is in the draft contract.

Discover projects Compare projects