Explained: Demolition Permits in Damascus Governorate

The Damascus governorate’s Directorate of Planning and Urbanisation has a Department of Licensing and Construction that grants real estate demolition permits for licensed properties within zoned areas. The governorate usually issues these permits for rebuilding old or structurally unsafe buildings or demolishing traditional Arab-style homes as new multi-storey units. In some cases, however, the permits are a means of pressuring tenants with old, permanent rental contracts into relinquishing their rights or vacating the property. 

The aftermath of the February 06 earthquake saw increased demand for demolition permits, especially for buildings that partially collapsed and needed to be demolished and rebuilt. It is worth noting, however, that governorates can demolish such buildings without prior consent from the owners if they are at risk of collapsing on residents or adjacent properties. 

Anyone hoping to demolish their property or a part of it (such as an annexe or additional storey, or even a surrounding exterior wall) must first obtain a “permit request booklet” from the governorate, which must be filled and accompanied by a file containing various documents about the applicant and their property. Applicants must submit the entire file for registration to the Directorate of Planning and Urbanisation. Once applicants complete the procedures and obtain the permit, private work crews hired by the contractor or owner may demolish the property and remove the debris to a designated rubble site on the city’s outskirts. Property owners must pay for demolition and debris transport out-of-pocket. 

According to the Damascus governorate’s official website, applicants must submit the following documents to obtain a demolition permit: 

1. A photocopied, enclosed plan showing the land area, building boundaries and surrounding open spaces;
2. A real estate registration extract issued by the Directorate of Cadastral Affairs, displaying the subdivision number, the property’s location on the city zoning map, building specifications and owner or joint ownership shares;
3. Approval from 75 percent of the property owners is the minimum required to obtain and register the permit request booklet;
4. A photocopy of the ifraz, or subdivision, plan for demolishing the property issued by the Directorate of Cadastral Affairs. The technical plan details the property’s shape and boundaries alongside construction regulations within the local zoning plan;
5. A clearance certificate from the Ayn Al-Fijeh Water Establishment confirming no outstanding financial liabilities or unpaid water bills for the property;
6. Copies of any supporting documents issued by a consulting engineer showing how to prevent the building from collapsing on its own; 
7. A letter from the competent municipal services department confirming that they have viewed the application and informed the property occupants;
8. Photographs of the building from all sides. 

The 1997 building code for Damascus, published on the governorate’s official website, requires several additional documents and deeds to obtain demolition permits for existing and non-classified historic buildings: 

1. A request to the directorate to demolish the building on a particular subdivided piece of land submitted by at least three-quarters of the property owners;
2. A technical report from an engineer stating that the demolition will take place under their responsibility and supervision;
3. A notification for occupants of the property that the demolition permit is not considered a justification for their eviction;
4. An ownership statement free of any prohibiting indications for the share belonging to the applicant, also known as a real estate clearance. The clearance shows that the page for that property in the Land Registry has no indications of mortgage for debt or loans and no orders prohibiting the disposal of the property due, for example, to there being heirs awaiting inventory of a bequest and distribution of shares;
5. Approval from an architectural construction committee, which includes members of the Damascus Governorate Council as the licensor, the Directorate of Antiquities to confirm that the site is not historical and can legally be demolished, and the Engineers’ Syndicate that provides technical expertise. This committee is formed by decree from the governor based on a proposal from the Directorate of Planning and Urbanisation;
6. A written, notarised confirmation from the demolition permit applicant that they will not start demolition until the building is fully vacated;
7. Removing structures that violate the building code or encroach on public property and dealing with real estate rights per laws and regulations in place.  

It is unclear why the types of required documents differ in these two cases, despite the type of demolition permit being the same for both. 

In both cases, at least three-quarters of the property owners must agree to the demolition to obtain a permit. For less important matters, the governorate requires the agreement of all owners, e.g., an elevator licence or beautifying the facade of a building. It is unclear what objection mechanisms are in place – if any – for the one-fourth of owners who might disagree with the demolition. Further, building codes do not explain why a demolition permit is not considered a justification for evicting property occupants, even though security forces may be called upon to evict occupants in other, less consequential cases.