Explained: Preventing Construction on Agricultural Land

Over the past two years, small landholders in certain rural Syrian areas have voiced objections over the halting of licenses to build agricultural houses. Following a series of conflicting ministerial decisions, constructing houses without a permit has become in the last couple of years a building violation subject to demolition.

The Ministry of Housing and Public Works’ Decision No. 3314, issued on April 25, 2022, prohibits the licensing of agricultural houses in unzoned areas. The decision permits only the construction of agricultural warehouses on agricultural land outside organized areas, provided the rain-fed land is at least 25 dunums, or 10 dunums for irrigated land. The agricultural warehouse must not exceed 25 square meters, and a room can be built on its roof for living purposes, along with a basement for services. The total building height must not exceed 6.5 meters.

Previously, the Ministry of Local Administration and Environment’s Decision No. 785, issued on May 29, 2011, outlined the conditions for constructing agricultural houses in unzoned areas. An agricultural house is a dwelling built by farmers on their land to reside in and facilitate agricultural activities. Under Decision 785, an agricultural house of up to 80 square meters could be built on land no smaller than 4 dunums in areas classified as highly fertile according to the Land Classification Plans Guide issued by the Ministry of Agriculture and Agrarian Reform. In less fertile agricultural land, a house of up to 120 square meters could be built, provided the land area was no less than 8 dunums.

The Land Classification Plans Guide serves as an index of soil types based on their fertility and suitability for agriculture. It can be used to determine areas appropriate for agricultural, urban, industrial, and touristic investment. The guide also stipulates that agricultural houses must be built on visible rocky areas where available; otherwise, only a 25 square meter equipment room is allowed.

Decision 785 of 2011 enabled many small landholders in rural Syria to build licensed homes on their land, particularly as real estate prices soared in urban centers. However, over time, this led to a significant increase in the number of such houses, resulting in what has been described as urban sprawl on agricultural land. In 2021, the Ministry of Local Administration canceled Decision 785 without offering an alternative. Official justifications cited the decision’s exploitation by farmers for residential purposes, effectively legalizing violations of agricultural land use and undermining efforts to protect agricultural land and curb urban sprawl outside regulated areas.

Thus, Ministry of Housing Decision No. 3314 of 2022 can be considered a de facto replacement for Ministry of Local Administration Decision No. 785, establishing new guidelines for building structures on agricultural land. Although the Ministry of Agriculture or the Ministry of Local Administration would have been expected to regulate agricultural houses, the reason for the Ministry of Housing’s involvement remains unclear, apart from its role in issuing zoning plans.

Decision No. 3314 applies to all areas under government control, without considering differences in the average size of agricultural possessions between governorates. The decision limits the ability of rural residents, particularly in coastal and southern regions, to build homes on their agricultural land for two main reasons: first, most agricultural possessions in these areas are smaller than the minimum area required under Decision 3314, and second, many rural areas remain unzoned, meaning much of their agricultural land lies outside zoning plans.

A member of the Tartous Governorate Council told the official Al-Baath newspaper on August 12, that Decision No. 3314 aims to protect agricultural land, but the unique circumstances of Tartous Governorate should be considered. He called for a reconsideration of the minimum land area required, particularly for rain-fed lands.