Buying off-plan
Risks of buying a new build and how to protect yourself.
The developer's sale contract. Nine clauses to check before you sign.
In short
When buying a new build in Georgia you often sign a preliminary agreement first and the main contract later. You become the owner only when you are entered in the Public Registry, not when you sign. The clauses that matter most are the plot and its cadastral code, the specification, area and tolerance, the completion date and delay penalty, staged payments, termination and the governing language version.
The clausesThis page explains what to look for. It is not legal advice; have the contract reviewed by an independent lawyer.
Finding a lawyerClauses
Nine things you must find in the contract.
If one is missing, ask. What binds you and the developer is the contract, not the brochure and not a chat message.
Parties and plot
The contract should name the developer's company with its registration number and the plot with its cadastral code. Both must match the registry extract and the business register. Check that the signatory is authorised to bind the company.
Specification annex
An annex should fix the condition in which you receive the flat: white, black or green frame, plus windows, doors, connections and common areas. Without it, the handover condition has not been agreed.
Area and tolerance
The contract should state how the area is measured, with or without balcony and walls, and what happens if the finished flat turns out smaller or larger. A sound clause sets the tolerance and the price adjustment in both directions.
Completion date and penalty
A fixed date for completion and handover, not a phrase such as ‘planned for spring’. Add a penalty per day or month of delay. The clause should say expressly that the penalty falls due without proof of loss. Whether the agreed amount would stand up in a Georgian court is for your lawyer to judge.
Payments tied to progress
Instalments should be linked to verifiable construction stages, such as the frame or the roof, not only to calendar dates. That way you never pay ahead of the build.
Registering your right during construction
The registry law offers two routes. A pre-registration rests on an agreement between the parties and rules out the registration of other rights over the property unless they agree otherwise. Once land-use conditions for construction have been issued, the obligation to transfer your future unit can also be registered against the plot. The contract should say which route applies and when the developer will cooperate.
Termination and refund
The contract sets out who may terminate, on what grounds and with what notice, how much you get back, when, and after which deductions. Make sure termination rights do not sit with the developer alone.
Language version
Contracts are often bilingual, Georgian and English. A clause decides which version prevails in a conflict. If it is the Georgian one, have that version reviewed.
Governing law and forum
Contracts for flats in Georgia often choose Georgian law. The contract names the competent court or an arbitral tribunal. Check where you would have to enforce your rights in a dispute.
Contract types
Preliminary, main contract, registration.
Three steps that are often confused. Only the last one makes you the owner.
Preliminary agreement
A duty to buy later.
- Purpose
- a duty on both sides to conclude the sale later
- Typical for
- flats under construction
- Secured by
- pre-registration, if agreed
Main contract
The sale itself.
- Form
- in writing
- Effect
- basis for registration
- Typical for
- finished flats and after commissioning
Registration
From here you own it.
- Authority
- National Agency of Public Registry
- Fee
- GEL 150 in 4 working days
- Proof
- registry extract in your name
Under the Civil Code, acquiring real estate requires a written contract and registration of the buyer in the Public Registry.
Frequently asked questions
Questions about the contract.
Ownership, preliminary agreements, notaries, language and penalties.
When do I become the owner when buying in Georgia?
On registration in the Public Registry. The Civil Code requires a written contract and registration of the buyer for the acquisition of real estate. For new builds this often happens only after the building is commissioned.
Is a preliminary agreement with a developer binding?
It is meant to oblige both sides to conclude the main contract later. Whether it does so in a dispute depends on how precisely it fixes the unit, the price and the date. Your lawyer will judge that under the Georgian Civil Code. A preliminary agreement does not transfer ownership. Against third parties, only an entry in the registry such as a pre-registration protects you.
Does the contract have to be notarised?
No. It must be in writing and can be signed and registered at a Public Service Hall. You mainly need a notary for a power of attorney signed abroad.
Which language version prevails?
Whichever the contract specifies. In bilingual contracts it is often the Georgian one. Have the prevailing version reviewed by a lawyer, not just the translation.
How high should the delay penalty be?
There is no universal figure. Look for a penalty quantified per day or month that runs from a fixed date and falls due without proof of loss. A clause that only refers to negotiations offers little protection.
Can the developer change the layout or area later?
Only as far as the contract allows. Look for clauses on project changes and for the agreed area tolerance. Substantial changes should require your consent or give you a right to terminate.
Last reviewed on November 2, 2026. Sources: Civil Code of Georgia, Art. 183 (form and registration) (matsne.gov.ge), Law of Georgia on Public Registry, Art. 12 (pre-registration) and Art. 15⁶(10) (buildings under construction) (matsne.gov.ge, version of 1 April 2026), National Agency of Public Registry (napr.gov.ge): fees and terms. This guide is not legal or tax advice.
Read next
More on buying a new build.
Buying off-plan, the reservation before the contract and choosing a lawyer.
Read the contract before money moves.
Ask for the draft contract before you reserve, and give yourself time to have it checked.