Visit The Syria Report Subscribe to our mailing list
EN ع
  • Twitter
Syria Report
  • All articles
  • News
  • Analysis & Features
  • Reports & Papers
  • Regulations
  • Directory
  • Search
  • Menu Menu
Home1 / HLP2 / Analysis & Features3 / Explained: Security Approvals and Infringements on Property Rights4
Print Friendly, PDF & Email

Explained: Security Approvals and Infringements on Property Rights

23-09-2020/in Analysis & Features, HLP /by admin

Some of the circulars and decrees released by the Syrian cabinet in recent years directly contradict property rights as they are outlined in the 2012 constitution.

For example, in February 2018, the minister of justice issued Circular No. 14, which prohibited public auctions unless they had obtained security approval. This had an impact on operations related to the cancellation of common shares and to property distribution, which is often requested by heirs receiving an inheritance. Common share cancellation means ending the ownership of a property by multiple people by grouping all shares in the hands of just one person, or by dividing up the communal property between partners. Circular No. 14 exempted public entities from having to obtain security approval to sell by public auction.

Before that, the cabinet issued Decree No. 4554 in August 2015, addressed to the Ministry of Local Administration. The measure contained Circular No. 463, which stipulated that real estate sales, leasing vacant homes and shops, would also require security approval. The circular was leaked to the media at the time, despite being labelled as “confidential and urgent.” According to the leaked document, the goal of the measure was to “protect the legal and security rights of citizens, as well as those wishing to sell their properties or pass them on to others.”

In Syria, real estate sales, inheritances or transfer of ownership require clearance from the Ministry of Finance. With the issuance of Circular No. 463, obtaining this clearance requires obtaining security approval. Often this is done by submitting a request to the Political Security branch in charge of the area where the real estate is located. In cases where the prospective buyer or seller is wanted for security reasons — such as anti-regime activities, having not done mandatory military service, having previously committed a crime or having been sentenced to prison — authorities will not grant the approval.

Many Syrians have resorted in recent years to more informal real estate sales in order to avoid having to subject themselves to security clearance. They use witnesses and written contracts that are not officially certified in government real estate records. This practice puts those involved at risk of losing their properties, as there is no formal documentation.

Then in 2018, the Ministry of Interior released Decree No. 2744, which cancelled the requirement to obtain security approval in order to make lease contracts. However, the new decree did impose several security measures that would have to be followed when leasing. Involved parties are required to register the rental contract with an administrative unit such as a municipal council. Copies of the contract must then be sent to local police to check the legal status of the tenant and see if they are wanted by security forces or the judiciary. Then, police must send a copy of the contract to the local Political Security branch in charge of the area to conduct a security background check.

In practice, Decree No. 2744 did not really remove the security approval requirement for leasing, but rather tied the process to the police.

Decrees and circulars released over the past several years related to property management are not a direct product of the Syrian revolution. Rather, this system has been imposed since the 1970s through a series of similar decrees. Most importantly, measures banned the sale of land and properties along border areas located outside official zoning plans, without obtaining prior security approval. These measures are not based on legislative or constitutional principles, but instead were contained in confidential notices issued by security services. In the notices, security services defined the areas in question as lands within a depth of 15 kilometresalong the borders.

Post Views: 37
Tags: english
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on LinkedIn
  • Share by Mail
https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 admin https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png admin2020-09-23 23:53:002021-07-14 15:40:55Explained: Security Approvals and Infringements on Property Rights

Read also

  • Explained: Syria’s Residential Real Estate Sector, State Banks, and Real Estate Finance Companies
  • Explained: Compensation for Expropriation
  • Explained: Expropriating Free of Charge One-Quarter from a Piece of Real Estate
  • Explained: Easement Rights for Public Benefit
HelpAbout usContact usAdvertise with The Syria ReportTerms & conditions
Copyright © 2022 The Syria Report – all rights reserved. Your use of this website is subject to our legal terms & conditions
Security Checks and Construction Permits: HTS-Affiliated Governing Body Seeks... التضامن: العودة مشروطة!
Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

Ok

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refuseing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.