The Ways of Solving the Legislative and Practical Problems of Construction Permit in the Light of New Construction Code

Authors

  • Davit Churghulia

Keywords:

Construction Permit, Construction Order, Administrative Proceeding, Construction Code, Expertise, Permit Documentation List, Control of Permission, Exceptional Permit.

Abstract

The article deals with the problematic issues construction permit legislation and practice, as well as analysis in the Light of New Construction Code. As for today, architectural and construction activities are undergoing rapid changes, and therefore there is a need to improve regulatory legislation. Improvement in construction legislation is inconceivable without the relationships associated with construction permit.

Nowadays the most important issues that need further study and research are the specifics of the construction permit, the peculiarities of the administrative proceedings and the involvement of all interested persons or authorities in the corresponding administrative proceedings, depending on the complexity of the decision.

 The article addresses such issues as: construction permit as a Law Institute of Construction order, Construction Eligibility Control, Construction Activities subject to construction permit, Legislative Regulation of developmental approval and General procedures for Issuing a construction permit, Administrative Proceedings for permit, a list of permissive documentation and the persons responsible for submitting the application, as well as the participation of other administrative bodies and role of experts.

The article uses a comparative legal approach and aims to identify the abovementioned problems, to find solutions for them, through a detailed analysis of existing legislation and practice, in the prism of new regulations. This analysis will hopefully contribute to the research and development of construction law.

References

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Law of Georgia on Spatial Arrangement and Basis for Urban Construction, 24/06/2005.

Law of Georgia on Licenses and Permits, 18/07/2005.

Local Self-government Code of Georgia, 19/02/2014.

Law of Georgia “Code of Georgian Space Planning, Architectural and Construction Activities”, LHG, 3213, 99, 20/07/2018.

Construction Code of Russia, 22/12/2004.

Resolution №57 of the Government of Georgia on the Rules of Issue of Construction Permit and Construction Conditions, 24/03/2009.

Resolution №41 Government of Georgia, Technical Regulation on Approving the Construction Safety Rules 28/01/2016

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Published

2019-06-30

How to Cite

Churghulia, D. (2019). The Ways of Solving the Legislative and Practical Problems of Construction Permit in the Light of New Construction Code. Journal of Law, (1). Retrieved from https://jlaw.tsu.ge/index.php/JLaw/article/view/2644

Issue

Section

Articles