Construction Permit

Construction is regulated by three legislative acts: Law of Georgia on Construction Activities (2000), Law of Georgia on Control of Technical Hazards (2010), Resolution #57 of the Government of Georgia on Rules of Issuance of the Construction Permits and Terms of Licenses (2009). Resolution #57 is the main legislative act governing procedures pertaining to obtaining construction permits. It divides construction into five categories for the purpose of issuing construction permit. Hydro Power Plants with the installed capacity exceeding 50MW fall under category V, which is also subject to independent review (see below). Construction permits for the objects under category V are issued by the State Subdivision, Technical and Construction Inspection under the Ministry of Economy and Sustainable Development. Process of issuing construction permit for HPPs also involves the Ministry of Energy and Natural Resources of Georgia. Generally the process of obtaining a construction permit covers three stages, each of which is followed by a respective administrative act issued by relevant administrative authority.

Stage I - Defining terms for urban development.

Upon completion of this stage, terms of usage of land plot for construction is approved under an administrative act within 30 days from submission Technical and Construction Inspection of the appropriate application appended with the required documentation. Such documentation mainly includes: Application Copies of identification documents of the applicants If an application is filled by representative of the owner- the document granting the power of notary shall be submitted Topographical map of the land plot (1:500 or 1:1000) Cadastre map of the land parcel Situation plan of the land parcel Photo of message board A cultural heritage territory protection research result in case of your object is located on the protection area of Georgian Cultural heritage prepared by Ministry of Culture, monument protection of Georgia.

Stage II - Approval of the architectural-construction design.

Upon completion of this stage, architectural design, construction and/or technological scheme is approved within 20 days from submission to Technical and Construction Inspection of the architectural-construction design of the object. Second stage documentation includes construction/technological scheme, administrative act approving the terms of usage of land plots for construction (obtained under Stage I), report on the environmental impact assessment, volume and types of expected emissions (technical report on

stationary sources of contamination and inventory of their splashed harmful substances; and allowable limits for splashing harmful substances), situation plan of implementation of the planned activity (with indicated distances), a short annotation on the activity (in the form of non-technical resume). When construction permit is processed under one-stop-shop principle incorporating environmental impact permitting process, application submitted for the construction permit should also comply with the requirements of the Law on Environmental Impact Permit. In particular, it should meet requirements related to public hearing (review) of Environmental Impact Assessment Report and formalization of the protocol of the hearing. Conclusion of the ecological expertise is issued on Stage II of the construction permitting process and constitutes a part of the construction permit. For the applicant of the construction permit therefore observance of the terms of the conclusion of an ecological expertise is mandatory since they constitute conditions of the construction permit at the same time.

Stage III - Issuance of a construction permit.

In order to obtain construction permit for HPP, applicant should submit to the Technical and Construction Inspection following documents: Document verifying the ownership or right of use of the plot of land Administrative act approving the terms of usage of land plots for construction Administrative act on approval of the architectural design, construction and/or technological scheme The receipt certifying the payment of construction permit fee Description of functional purpose of the facility and aim of its use Data of the designer of the facility: name/legal title, contact information, code of entrepreneurial registration or number of ID card and the date of birth If there is a necessity of carrying out the study of the land plot (construction ground), the researcher data: name/title, contact information, code of entrepreneurial registration or number of ID card and the date of birth Construction documents (see below) Report of independent review (see below)

Design of construction documents of buildings and structures to be submitted under Stage III includes the following: Title page name and address of the site Terms of construction (issued during the first stage) Engineering-geological study/conclusion of the plot of land Explanatory note Technical characteristics of buildings and structures Situational plan with appropriate details Topographic plan of the plot of land showing existing engineering-communal networks Land plot marked on topographic plan of the land plot (e.g. showing cadastral borders of the land plot, existing engineering-communal networks, placement of buildings and structures on the land plot, marking accessible roads, parking, fences, green area, etc.); Scale 1:500 or 1: 1000

Plans of all types of floors of facilities Plan of the roof of buildings and structures Characteristic profiles of buildings and structures Drawings of all building frontages with defining finishing materials, architectural details and colors of frontages Where necessary, drawings of frontages (calculating surfaces), showing schematic drawings of frontages of buildings and structures located on adjacent land plots Where necessary, schematic drawings of roadside frontages (calculating surfaces) showing intersection of buildings and structures and soil surfaces Where necessary, plan of land plot soil changing In case of necessity, technological scheme of the industrial processes Design of construction organization

The report of an independent review of the project covers review of engineering-geological research, and review of construction basis. Construction permits should be issued within 10 days of submission of relevant documentation. For the buildings of category V that are considered to have special state and social importance and that are financed through the funds of IFIs or other investment agencies/companies, the construction permit may be issued without submitting the construction documents and/or documents evidencing property rights over the land plots. In this case, the Ministry issues conditional construction permit, which comes into full force subject to presentation of the above listed documentation.