Unlicensed Construction Grows in Damascus Zoned Areas Amid Permit Freeze

The Damascus governorate stopped issuing construction permits after the Assad regime fell in December 2024, leading to a widespread increase in unlicensed construction, even in upscale and regulated areas of the capital city. A significant proportion of recent violations were carried out by people who had already applied for construction or renovation permits but received no response from the governorate. Instead of reviewing the backlog of permit applications, the municipality launched a strict demolition campaign, sparking debate over the responsibilities of local authorities and the extent of law enforcement in extraordinary circumstances. Property owners now find themselves in a double bind: trapped between bureaucratic paralysis and severe punitive measures.

According to Decree No. 40 of 2012, unlicensed construction (also known as a “building violation”) refers to any construction carried out without an official permit or in violation of the terms of an existing permit. This covers a broad range of cases, including encroachment on public property such as roads, parks, and facilities; exceeding mandatory setbacks or permitted building heights under planning regulations; constructing on public or state-owned land; or building in areas where the subdivision of plots has not been finalised. It also includes adding extra floors, excavating beneath foundations, or altering structural systems in ways that compromise structural stability. All these violations are subject to demolition under Decree No. 40.

The governorate has not issued construction permits since December 2024. As a result, some residents – driven by necessity, the urgent need to address structural risks in damaged buildings, or simply exploiting the lack of oversight – have undertaken hundreds of unpermitted construction projects in recent months. These include adding extra floors, carrying out renovations and rehabilitation works, expanding into required setbacks(the minimum distance between buildings), encroaching on public land, and other activities classed as “building violations.”

In August, the governorate launched a demolition campaign targeting unlicensed construction in areas within Damascus’ master plan, including high-end districts such as Al-Maliki and Abu Rummaneh, as well as the Mazzeh Dummar project and Al-Zahira Al-Jadida. Some offenders demanded a halt to the campaign, arguing that they had previously applied for permits for construction work on their properties but had received no response. These property owners contend that the municipality should regularise these violations rather than demolish them.

Sources within Damascus Governorate confirmed that the campaign was meant to demolish 200 various “building violations” in zoned districts, relying on the provisions of Decree No. 40 of 2012. This decree imposes strict penalties on new unlicensed construction, prohibits legal settlements, fines perpetrators, and refers them to the judiciary. In some instances, municipal crews limited their actions to demolition without issuing fines or initiating legal proceedings. The Syria Report could not determine the criteria the governorate uses to differentiate between violations or decide when to demolish and when to prosecute.

Governorate sources stated that this hardline approach followed an unprecedented surge in unlicensed construction in zoned parts of Damascus, including the addition of extra floors on buildings in Al-Zahira Al-Jadida and the expansion of buildings at the expense of public property in Dummar. They added that some contractors exploited the absence of oversight in recent months to construct entire unpermitted buildings, though they did not specify their exact locations or the circumstances of their construction. They said the authorities were applying Decree No. 40 of 2012 to these cases and that the campaign would continue, but the sheer number of violations meant it would take considerable time due to a shortage of personnel and demolition crews.

Many property owners remain unconvinced by the governorate’s reasoning. Some argue that the problem lies in the implementation of Decree No. 40 of 2012, which was enacted under Assad’s rule and used as a legal tool to control the real estate market, selectively targeting minor violations while ignoring major infractions committed by powerful figures. Applying this decree while the governorate refuses to issue building or renovation permits is seen by some as a political solution to a technical problem that the municipality itself  created. Critics argue that the governorate should review permit applications and settle disputes with owners of unlicensed works, particularly in cases where structural flaws pose a risk to public safety. If the construction complies with permit regulations, this should be addressed by accelerating the processing of applications and issuing the necessary licences.

The Licensing and Construction Department under the Directorate of Urban Planning in Damascus Governorate grants special permits for structural reinforcement or partial reconstruction of licensed buildings in zoned areas of the capital. Such permits are used for building repairs, re-cladding, installing modern systems, or correcting previous construction errors. They are not issued for properties in Old Damascus, where prior approval is required.

Several owners of unlicensed buildings said that they had merely reinforced their homes or rehabilitated dangerous sections – work that could not be delayed. Nevertheless, these works were demolished without any alternative measures to safeguard damaged buildings. Owners warned that this could create real risks for structural collapse, for which they hold the governorate responsible.

A real estate expert explained that the widespread violations in Damascus over recent months had become a pressing issue that needed to be addressed swiftly, without resorting to extreme measures. According to the expert, there are around 10,000 “building violations” in informal settlements around Damascus, compared with about 1,000 violations in zoned districts.

Another property expert said that Decree No. 40 should not be applied. Instead, he suggested regularising these violations, obliging offenders to pay permit fees, verifying compliance of the structures with submitted applications, and providing engineering support.