Government Suspends All Transactions Over Real Estate Property

Syria’s General Directorate of Cadastral Affairs has issued a directive suspending the documentation of all transactions that lead to the transfer or modification of real estate ownership rights. This suspension was imposed without a specified timeframe for resuming these procedures. At this delicate transitional juncture, the decision raises questions about the measure’s motives and legal implications, especially given the restrictions imposed on the courts as well.

Suspended services

On January 21, the General Directorate of Cadastral Affairs issued Circular No. 1, instructing its governorate-level directorates to refrain from documenting contracts that result in the creation, transfer, or modification of any real property rights on the Land Registry. In practice, this directive has effectively halted all transactions involving property ownership until further notice.

The circular also prohibits the directorates from placing a litigation notice on properties, whether related to the confirmation of sales, donations, or exchanges. This is significant, as registering a litigation notice is a procedural step that precedes any property ownership transaction. Notably, courts in Syria have also been unable to register property sale confirmation lawsuits since the Ministry of Justice’s Circular No. 1, issued by the caretaker government on January 9. That earlier directive limited the courts’ functions to handling ongoing cases and urgent matters only.

Neither the circular issued by the General Directorate nor that of the Ministry of Justice specifies a timeframe for resuming legal transactions concerning real estate ownership. However, the Cadastral Affairs circular states that the suspension will remain in effect until coordination with the “relevant authorities” is completed regarding new procedures. This vague wording does not clarify which entities will be involved in this coordination or the purpose of the suspension.

Neither the General Directorate nor the Ministry of Justice have provided an explicit justification for suspending real estate transactions. One possible aim is to prevent individuals who acquired property fraudulently under the previous regime from selling or transferring ownership, which would further complicate the process of restoring these properties to their rightful owners, many of whom are displaced outside Syria. The measure may also be intended to prevent those involved in crimes under the previous regime from disposing of their assets to evade potential confiscation.

If the purpose of the suspension is indeed to protect legitimate property owners, then it could be considered a precautionary measure. However, if it remains in effect for too long, it may end up harming rightful owners.

Permitted services

Circular No. 1 exempts certain services from the restrictions. These include the issuance of property registration statements and land survey reports. It also allows directorates to document contracts related to property description corrections and partitioning. All these permitted procedures are administrative in nature and do not alter the legal status of property ownership.

A property registration statement provides information about a property’s legal status, including the owner’s name, property size, and any legal annotations on the Land Registry. To obtain one, an interested party must submit a request to the Cadastral Affairs directorate responsible for the property’s location.

A land survey report, on the other hand, is used to determine the size of a property, particularly in areas that have not undergone the delimitation and census process. Requests for survey reports must be submitted to the Survey Department of the relevant Cadastral Affairs directorate.

The documentation of contracts related to property description corrections and partitioning follows Article 64 of Local Administration Law No. 107 of 2011. Property description correction is a process whereby a property owner applies to the Documentation Department of the Cadastral Affairs Directorate to register the property’s actual characteristics in the official record. This process applies to properties in planned areas where licensed modifications have occurred, such as the construction of a building on a designated plot or the addition of a new floor.

Partitioning, on the other hand, involves co-owners of a property applying to the Survey Department to divide the property among themselves or to merge a portion of it with another property. Once the necessary technical and financial procedures are completed, the transaction is referred to the Head of the Real Estate Documentation Office for contract registration. Following this, the resulting properties are recorded in the real estate registers under the names of their respective owners, who are then issued ownership deeds.

The decision to suspend real estate transactions appears to be based on security and legal considerations amid the ongoing instability in the country. However, the lack of clarity and the absence of a defined timeframe raise concerns about its impact on the rights of legitimate property owners. While the measure may aim to protect real estate ownership from fraud and illegal transactions, an extended suspension could complicate the legal landscape of property ownership and limit the ability of rightful owners to manage their assets. This underscores the need for greater transparency from the relevant authorities regarding the future of these restrictions.