Analysis & Features

This article offers a detailed examination of the subsequent stage of compulsory enforcement, namely the procedures for selling the property at public auction, including the mechanisms of announcement, participation requirements, the conduct of bidding sessions, assignment decisions, and the resulting legal effects on ownership and the rights of creditors and debtors.

Compulsory enforcement against real estate is a legal means used by a creditor to recover a debt established by a final court judgement or a debt instrument. Compulsory enforcement is resorted to in order to strip a property from its debtor owner through the Civil Enforcement Department affiliated with the court within whose jurisdiction the property is located, and to sell the property at public auction so as to enable the creditor to satisfy their debt.

Earlier this month, violence escalated in the Sheikh Maqsoud and Ashrafieh neighbourhoods of Aleppo, amid clashes between the forces of the Syrian transitional government and the Asayish security forces affiliated with the Syrian Democratic Forces (SDF). Days of shelling and fighting inside densely populated neighbourhoods caused extensive damage to public and private property, with some medical facilities forced to halt operations.

This article by the Syrian architect and urban researcher Dima Rajjo enquires: how do the state-led residential megaprojects now emerging across Syria align with this vision? Do they offer a path toward inclusive recovery, or do they risk reproducing longstanding patterns of exclusion where top-down urban policies, limited public engagement, and investment-driven redevelopment have historically marginalised poorer communities and informal settlements?

The Directorate of Cadastral Affairs in Suweida is the official authority responsible for creating and maintaining property ownership data, based on the Land Registry Law No. 188 of 1926 and Decision No. 186 of 1926, which established the system of land demarcation and registration. Administratively, it reports to the General Directorate of Real Estate Affairs in Damascus, which supervises all provincial branches, giving the official documents issued by them uniform legal validity across the country.

On June 24, Syrian transitional president Ahmad Sharaa issued Decree No. 112, establishing the Syrian Development Fund (SYDF), headquartered in Damascus with branches in the governorates. The fund aims to contribute to reconstruction and support the overall development process by financing infrastructure projects and essential services such as electricity, water, health and education. The fund’s sources of financing include domestic and external grants, loans, international aid, and individual donations.

Though the Martyrs’ Fund, which was established by the Assad regime to support the families of fallen soldiers, was involved in some economic activities during the regime’s final years, it remained a mysterious institution. There was little information about its formation, revenues, and role in financing specific activities, some of which related to housing, land, and property rights. 

On August 28, the transitional government’s Ministry of Justice issued Circular No. 283 referring real estate sale registration lawsuits to the Public Prosecutor’s Office. This measure has raised practical and legal concerns about its consistency with the provisions of the Code of Civil Procedure and its implications for litigants’ interests and the administration of justice.

On July 3, the Ministry of Finance issued Circular No. 135, based on the provisions of Real Estate Sales Tax Law No. 15 of 2021, and in coordination with the Ministries of Interior and Local Administration. The circular announced the resumption of issuing financial clearance certificates in all governorate finance directorates starting from August 3. The Ministry said that this resumption is temporary, pending the issuance of a new Real Estate Sales Tax Law, and is intended to facilitate procedures for establishing, amending, or transferring real property rights.

Syrian architect and urban researcher Dima Rajjo proposes a critically integrated reading of HLP, foregrounding the ‘right to the city’ as both a conceptual and operational lens through which to reimagine urban recovery in Syria.

More than four months have passed since the Clear Extortion Restitution Committee began its work in Aleppo city. In four months, the number of complaints submitted to the committee in Aleppo city had reached 624, according to statistics published by the local newspaper Al-Jamahir on July 8. The committee handled 411 of these complaints, and issued final decisions in 88 cases, in which the extortion was reversed and the property returned to its owner.

After the fall of the Assad regime in late 2024, citizens attempted to reclaim properties that had been confiscated, seized, or usurped - including those located within zoning and redevelopment areas. However, recovering these properties has now become a complex issue due to administrative and legal complications. A realistic solution requires a comprehensive legal review and the establishment of clear mechanisms for restoring rights and compensating those affected. In this article, urban planning expert Main Kafa explores the multiple dimensions of the issue and presents proposals for potential solutions.

The end of Baath Party rule has made it possible, for the first time in 43 years, to speak publicly about the Hama massacre, carried out in 1982 by regime forces. The effects of the massacre were not limited to bombardment, killings, and displacement, but extended to the confiscation of property, the alteration of the old city’s layout, and the denial of thousands of families from returning to or rebuilding their homes.

Delimitation and census are among the most important administrative and technical procedures defining property boundaries and conferring final legal status. However, these operations frequently suffer from surveying errors caused by outdated measuring tools, lack of expertise, or changes in on-ground references. Such errors occur during fieldwork or desk processing and gradually evolve into complex legal, economic, and social problems that are difficult to rectify.

On March 2, the transitional government’s Ministry of Finance issued an official letter to the Ministry of Justice requesting courts to refrain from referring judicial rulings related to the confirmation of real estate sales to the Land Registry. This decision, which was not accompanied by any public announcement or official explanation at the time, has sparked extensive legal debate due to its direct impact on the execution of court rulings and the rights of property owners.

Many refugees and forcibly displaced persons, upon returning to their areas, cities, and towns after the fall of the regime, are shocked to find others residing in their homes. In some cases, these current occupants possess documents proving they purchased the properties, but investigations reveal these documents are often forged, including fake ownership records and judicial rulings that are extremely difficult to track down. In numerous instances in Lattakia and Aleppo, current occupants of these properties claimed they purchased them. Some even possess court rulings affirming their ownership and documents proving they paid for them.

After the fall of the Assad regime on December 8, 2024, owners of some properties leased under the compulsory extension system sought to reclaim their properties and evict tenants. In certain cases, landlords enlisted the military forces of Hayat Tahrir Al-Sham (HTS) to evict tenants without going through the courts.

The path to recovering confiscated properties under Anti-Terrorism Court rulings includes legislative amendments, constitutional challenges, or establishing a restitution programme.

While Syria’s Christian personal status regulations - Orthodox and Catholic - which were introduced from 2006 onwards do not require the Prime Minister’s approval to greenlight a property exchange, Law No. 411 of 1957 does, curtailing Christians’ rights to manage their endowments.

Syria’s governorates and municipalities sometimes announce rubble removal projects in areas affected by conflict. The contractual terms of these projects omit any reference to Law No. 3 of 2018, which grants property owners the right to the value of their debris. Debris removal projects take various forms: tender bids announced by municipalities, tenders announced by international non-governmental organisations, and auctions for recyclable materials.