Damascus Moves Ahead with Zoning of its Northern Entrance

On March 6, the Damascus Governorate announced the completion of the works of the Committee for Estimating the Value of Zoning Plots and the distribution among the rightful owners in the Northern Damascus Entrance zoning area. This article tracks the development process from the issuance of the zoning decree in 2021 to the issuance of the table of zoning share allocations for rights holders in March.

Decree No. 237 of 2021 stipulated the zoning of the Northern Damascus Entrance in the real estate areas of Qaboun and Harasta in the Damascus governorate. This was based on the Detailed Zoning Plan No. 104 of 2019, which itself was founded on the provisions of Law No. 10 of 2018, which amends Decree No. 66 of 2012, concerning the establishment of two zoning areas within the general plan of Damascus. Plan No. 104 covers an area of 200 hectares, encompassing the entire former industrial area of Qaboun and 50 hectares of Harasta.

Notably, the Damascus Governorate has yet to announce the party responsible for studying Detailed Zoning Plan No. 104. Local sources told The Syria Report that the private engineering office of Dr Yasser Al-Jabi, Office of Architecture and Heritage, conducted the study. The governorate has not disclosed the reasons for commissioning a private office to conduct the study instead of the General Company for Engineering Studies (GCES), which specialises in zoning plan studies and is affiliated with the Ministry of Public Works and Housing.

According to Plan No. 104, the development area has been divided into 102 residential plots, 76 investment plots, a health centre, a private hospital, three petrol stations, 23 plots dedicated to the education sector, two religious activity plots, eight administrative plots, an environmental park, an interchange bus station, and a pre-existing electrical power station. The 102 residential plots are intended to accommodate towers ranging from 12 to 22 storeys.

At that time, the Damascus Governorate granted Damascus Cham Holding, its affiliated public joint-stock company authorised to manage its properties, the right to assign one of its management companies to oversee the management, implementation, and supervision of the zoning area at the Northern Damascus Entrance, and to enter into all necessary contracts.

In March 2022, the Damascus Governorate formed a committee to appraise the value of properties in the zoning area. According to Law No. 10 of 2018, this committee consisted of five members: two real estate appraisal experts appointed by the Minister of Public Works and Housing, Malaka Rifai and Ayman Mutlaq, two experts elected by the property owners, Nazeer Al-Dallal and Maher Al-Zayat, and the committee chairman, Judge Consultant Mahmoud Ashour, appointed by the Minister of Justice. Fatima Dawood was appointed as the committee secretary. The committee’s task was to assess the value of the properties, including buildings, structures, trees, crops, and any claimed rights.

On May 23, 2022, the Ministry of Local Administration issued Decision No. 81, which established a fund for the Northern Damascus Entrance to finance all expenses related to the zoning area. Damascus Cham Holding was assigned to manage this fund. Decision No. 81 specified that the fund’s sources of financing would include loans from banks, revenues from contracts concluded by the Damascus Governorate in exchange for granting legal entities shares in the zoning plots belonging to the governorate, and proceeds from public auctions of plots sold by the governorate through Damascus Cham Holding. The decision did not clarify what it meant by “legal entities.” The fund’s monies are to be deposited in a special account with an approved bank, with the Governor of Damascus acting as the accountable officer for fund disbursements and expenses.

On August 11, 2022, the Damascus Governorate announced the completion of the property appraisal committee’s work in the zoning area. The governorate invited property owners to review the estimated values of their properties, which were published in a 65-page table. The table included the names of property owners, along with information such as property number, plot number, floor, area, value per square metre, land value, and the total value of the building and land. The table also contained weighting criteria, though the committee did not explain how these were calculated.

Following the announcement of the shareholders’ names, dispute resolution committees with judicial authority were formed in August 2023. These committees issued their decisions on September 15, 2023, providing objectors a period to appeal to the courts. No information is available regarding the committees’ decisions.

Subsequently, the zoning area became collectively owned by the rightful owners. The Damascus Governorate appropriated, without compensation, all lands within the zoning area needed for the construction and implementation of roads, squares, parks, car parks, public facilities, and plots designated for buildings for those facing demolition and for low-income and social housing. In addition to these appropriations, local sources told The Syria Report that the governorate also took 10 zoning plots in the Qaboun industrial area, specifically from plots numbered 2243 to 2254, for investment purposes, such as constructing buildings for leasing or selling to the private sector.

After all these appropriations from the zoning area, a committee was formed to estimate the value of the plots. Its task was to assess the value of the plots designated for construction and allocated to the rightful owners according to Plan 104. Notably, the governorate has not yet disclosed the names of the committee members or the date of its formation. Regardless, the committee estimated the value of the zoning plots allocated to the rightful owners and compared it to the total value of the properties in the zoning area as assessed by the property appraisal committee.

Based on this comparison, the distribution committee estimated the value of the zoning shares for the rightful owners. In its announcement on March 6, the Damascus Governorate invited the rightful owners to review the distribution table for their zoning shares at the Directorate of Decree 66 Implementation in Mazzeh. The table consisted of 864 pages and included the names of 20,731 rightful owners, their estimated property shares as appraised by the property value assessment committees, and their equivalent zoning shares as estimated by the distribution committee.

According to Law No. 10 of 2018, the decisions of the distribution committee can be appealed before the Civil Court of Appeals in Damascus within 30 days of the announcement. The Court of Appeals must decide on the appeal within thirty days of its registration in a closed session. Its decision is final. No information is available regarding these procedures.