A Property Listing Offers a Share, Not a Separate Apartment: Spotting the Difference

A listing offers a “separate apartment”: its own entrance, kitchen, bathroom and utility meters. The draft contract, however, offers a share in a larger property. Physical separation and the legal independence of the purchased right are different characteristics.

Before an advance payment, establish whether you acquire a separate registered property or a share in common ownership. A door, renovation and meter do not determine this. Buying a share is not automatically prohibited or unsuitable, but it requires different checks and expectations.

🔎 Read the subject of sale first

Request an exact description of the right and current registration information. Compare property, owner, share, area and restrictions with the draft agreement.

“Part of a house”, “separate flat”, “independent use” and “own entrance” need explanation. They may describe daily use rather than a separate legal property.

A cadastral code in a listing is insufficient. Establish whether it identifies the individual apartment you expect to buy or the larger property in which a share is offered.

Separate apartments and common building parts

An apartment in a multi-unit building can carry associated rights in common property. Mentioning common parts or a share in them does not mean the seller offers only a share in someone else’s apartment.

Examine the principal transaction subject. A separate unit with associated building elements differs from a share in a larger house or premises containing the area shown to you.

A lawyer should establish the distinction from the complete records. Do not treat every occurrence of “share” as evidence of a deceptive listing.

📋 Compare the structures

Question	Separate property	Share in common property
What is acquired?	Title to a defined separate property	A share in the right to a larger property
What does viewing show?	The physical apartment	An area potentially used under a separate arrangement
Door and meter significance	Practical access and services	Do not establish separate title
Use of particular rooms	Check property status and third-party rights	Examine the basis for allocating use
Financing	Bank assessment of the property	Specific confirmation that the share is acceptable
Future exit	Sale conditions for the property	Share sale and related arrangements

This guides questions rather than describing every legal consequence. Registration, records and applicable rules determine the actual position.

A share does not automatically identify a room

A fraction of a right is not the same as an area marked on a plan. A half-share does not, without further basis, mean ownership of the left half as a separate apartment.

Establish how use of rooms, corridors, bathrooms and service points is allocated. Are there agreements, decisions or other relevant grounds?

“Everyone has lived this way for years” helps explain history but does not replace assessment of the purchased right and the ability to use the intended area after completion.

Review any use agreement

Request the full document, parties, date, appendices and amendments. Compare it with the actual layout and current ownership.

A lawyer should assess validity, application to the buyer and amendment procedures. Treat it as neither automatically worthless nor equivalent to creating a separate property.

Check passages, service-repair access, keys and cost allocation. If everyday occupation depends on passing through a room used by someone else, resolve this before paying.

🧩 A hypothetical listing example

A fictional property measures 100 m². The seller shows an isolated area of around 40 m², calls it an apartment and offers a half-share in the overall property.

Do not simply equate the half-share with those 40 m² or replace the contractual subject with the word “apartment”. Establish which records connect the share to that area’s use, what remains shared and what will be registered.

The example describes no actual offer and establishes neither legality nor price. It shows why share arithmetic and everyday descriptions need separate reconciliation.

Co-owner relationships continue after purchase

Identify owners and relevant agreements. Examine management, expenditure, repairs, access and disagreement procedures.

Do not assume every share sale requires unanimous consent or that pre-emption rights can never exist. Georgian statutory and agreed grounds require specific examination; rules from another country should not be imported.

Ask a lawyer to identify the actions and confirmations required for this right. A conversation with one friendly neighbour does not replace that work.

🏦 Financing and insurance need the actual description

Give the bank records describing the real right rather than presenting a share as an ordinary separate apartment. Ask about collateral acceptability, checks and transaction structure.

Assume neither automatic rejection nor automatic approval. Financing depends on lender, product, property and documentation.

For insurance, also explain ownership and actual use. Review the insured subject and limitations. A policy describing one arrangement should not be assumed to cover another.

Resale, letting and possible separation

Consider what you can offer a later buyer: the same right, supported use and understandable records. Additional checks or a narrower audience may arise, but do not invent a universal discount or sale period.

For letting, check authority to provide the intended rooms and relevant conditions. Do not promise a tenant broader use than the owner can establish.

Treat “we will separate it into an apartment later” as another project. Technical feasibility, approvals, documentation, registration, costs and timing need advance verification. Buying a share does not guarantee eventual separation.

📝 Records before an advance

• Current property registration and seller-title information.
• Plans connecting the viewed area with the registered property.
• Draft contract identifying the precise right.
• Use agreements and relevant decisions where present.
• Restrictions and third-party rights.
• Confirmations required for the particular sale procedure.
• Bank response if credit is needed.
• Separation records if the purchase depends on that outcome.

Tailor the list to the transaction. Use appropriate channels and avoid collecting unnecessary personal information about co-owners.

Reasons to pause for clarification

Examples include refusal to provide records before a “small reservation”, a listing for an apartment but a fractional contractual right, mismatched plans, verbal-only use arrangements and unsupported separation promises.

These justify further checks rather than an automatic fraud allegation. Record questions and resolve them before a payment commitment.

Discuss advance-payment terms, refunds and withdrawal consequences separately. A small payment is not automatically safe or refundable.

Frequently asked questions

Does a separate meter establish a separate apartment?

No. It concerns utility measurement rather than independently proving title.

Is every share a bad purchase?

There is no universal answer. Understand the right, supported use and limitations.

Does one cadastral code mean a problem?

The number alone says little without examining the property it identifies and the right purchased.

Can a contract call a share an apartment?

The description should match the actual transaction subject. Changing a word does not create a separate property.

Is a use agreement worthless?

Not necessarily. Its effect needs assessment, but it does not automatically become separate apartment ownership.

The outcome before payment

Be able to explain which right you acquire, which area you can use, on what basis, which relationships remain and what your financing and exit plan require.

Legal information checked on 31 October 2026; the individual arrangement requires review.

Explore the BuyHome catalogue. If a separate apartment is essential, state that requirement clearly and verify it through documents before purchase.