common_ownership – Syria Report

Douma is a city in East Ghouta and serves as the administrative centre of the Rural Damascus governorate and the Douma district, which contains seven districts. The 2010 census estimated that 300,000 people live in the 3,000-hectare city.

The Douma Department of Real Estate has 68 real estate zones covering the entire Douma district. The city is composed of nine real estate zones: Sahat wa Arab, Annatar, Qasareen Shams, Al-Dweir, Al-Rumman, Al-Qusayr, Al-Mazraaeh, Betwaneh, and Al-Ab. Sahat wa Arab and Qasareen Shams form the main historic centre of Douma, which hosts the Great Mosque, Al-Ghanem Square, Al-Hal Souk, and Khorshid Street.

Informal housing

The importance of Douma increased in the 1980s, making the city a popular destination for newcomers from other parts of the country. The new arrivals increased the demand for housing in the area. Thus, the city began to expand informally at the expense of local farmland, especially in the north and south. By 2010, these informally built areas comprised 70 percent of the total area of Douma.

One group of informal housing projects, dubbed Al-Hajjarieh, sprouted at the city’s northern end, extending over the Antar, Al-Rumman, and Qasareen Shams real estate zones. Another one, Haret Al-Deirieh, was also established in the Betwaneh real estate zone. A third informal housing project took shape on an area legally classified as agricultural land in the Annatar and Al-Rumman, extending to the Damascus-Homs highway. Some informal housing projects were also constructed in Al-Qusayr real estate zone, eventually reaching the Al-Hajjarieh informal housing project from the west.

On top of that, Al-Mazraaeh and Al-Ab zones south of Douma, which were previously classified as agricultural land, became informal housing areas. The informal housing project in Al-Mazraaeh expanded until it reached the nearby town of Al-Shayfounieh, while the informal housing in Al-Ab reached the city of Misraba.

Similar housing projects made their way to the Al-Dweir real estate zone, which contains the Adra Prison and the Ibn Sinna Hospital for Psychiatric Illnesses.

It is worth noting that Douma’s informal housing projects sprouted, for the most part, on private agricultural lands that were not previously zoned rather than on public property. The owners of these unlicensed homes also pay a roof tax to the Rural Damascus governorate’s Department of Finance. In other words, these properties are noted in the governorate’s financial records as houses although they are unlicensed. That said, these homes are not listed in the Land Registry and are still considered legally considered to be commonly owned shares of properties.

Zoning

Douma has an old zoning plan issued in 1966. In 2003, however, the municipality expanded its zoning plan to include new areas such as the Haret Al-Joureh neighbourhood and new housing cooperative homes in the Annatar real estate zone. This expansion also included previously unzoned areas of Annatar, Al-Ab, and Al-Mazraaeh. The zoning plan’s total surface area after the 2003 expansion reached 560 hectares and was approved in 2005.

Compulsory land readjustment

The 2003 expansion also zoned a 250-hectare area of Douma according to the principle of compulsory land readjustment. The readjustment occurs when a site is being zoned by distributing property shares to rights holders, often not in the original locations of those properties, and after deducting a certain percentage of those properties without compensation. The decision to undertake this zoning process was made per Law No. 9 of 1974, which concerns the division, zoning, and construction of cities. The law prohibits transactions that subdivide or consolidate real estate and grant construction permits before completing the compulsory land readjustment process.

In Douma’s case, the compulsory land readjustment included parts of the Annatar, Al-Rumman, Betwaneh, Al-Mazraaeh, and Al-Ab real estate zones. For example, the newly zoned portion of Betwaneh, which was previously classified as agricultural land, was renamed the “Tantheem Khalaf Al-Baladieh” and has become known as among the nicest and most expensive parts of Douma due to its modern urban planning and green spaces.

On the other hand, compulsory land readjustment was not implemented in other parts of Douma, where dense informal housing remain in place. In 2005, Douma’s city council decided to make the compulsory land readjustment areas subject to rezoning under Law No. 46 of 2004, an amendment of Law No. 9 of 1974. This amendment allowed compulsory land readjustment areas to be considered areas of collective unlicensed construction. The measure made it easier to grant construction permits, carry out real estate subdivisions, and consolidate transactions under certain conditions within such areas. The Rural Damascus governorate approved the city council’s decision in 2010, but it has yet to be implemented.

Post-2011

During the 2011 uprising, protests reached Douma, and the government tried to control the situation by requesting that a committee of residents be formed so that they could communicate their demands. This committee then submitted its demands, which, most notably, included expanding Douma’s zoning plan.

In June 2011, the Rural Damascus governor said that the residents’ demands were being implemented and affirmed the need to enact the new zoning plan as quickly as possible. He gave Douma’s Directorate of Cadastral Affairs a one-month deadline to complete lists of common property owners and form a committee to follow up on implementation and overcome any roadblocks.

Then, in June 2011, the government issued five decrees for the Douma district, Decrees No. 195-199, which allowed the city council to implement compulsory land redistribution under Law No. 9 of 1974 for the following real estate zones: Al-Ab, Annatar, Al-Sindyaneh, Betwaneh, Al-Gharbieh, and Al-Rumman. The five decrees deemed the implementation of such work in these areas to be in the public interest.

Furthermore, implementing the decrees was supposed to speed up the compulsory land redistribution process and solve the problem of informal housing and common ownership. However, deteriorating security and political conditions prevented the decrees from being carried out. Meanwhile, during the regime’s siege of East Ghouta between 2013 and 2018, regime forces bombed Douma heavily with artillery fire and rockets, leading to widespread damage in residential neighbourhoods, whether zoned or informal.

The information in this article draws on a wide-ranging interview The Syria Report conducted with Adnan Taha, a former official at the Office of Documentation in Douma.

In the 1990s, the owner of a large plot of arid land outside Damascus died, bequeathing his land to his four sons. The sons shared common ownership of the property, with each holding 674 of the land’s total 2,400 shares. In legal terms, the land was excluded from the town’s zoning plan and classified as agricultural, meaning construction on the plot was unauthorised.

According to Article 780 of the Syrian Civil Code, common ownership is when two or more individuals share ownership of one property such that each share is not subdivided, making them co-owners.

In this case, the four sons determined the locations of their shares without official documentation. Because the land was classified as agricultural, each son built an unlicensed house and sold what remained for unlicensed construction. Because the land was owned as a commons, the sales were made for the original property’s shares through contracts documented by the notary.

The new buyers then built unlicensed houses on their plots of land without construction permits and without registering their properties in the Land Registry. This is how informal settlements began to arise in the area in the late 1990s. However, despite all the changes that have occurred to the property since its original owner’s death, the legal classification of the land has remained as it was beforehand: arid agricultural land. In the late 1990s, at least 25 multi-storey buildings with dozens of apartments were built on the land. Each owner of these apartments technically owns a share of the original, commonly owned property.

This informal settlement did not have basic services, such as public water, electricity, and sewage networks, among other things. And yet, high costs and increased demand for housing in formally zoned areas pushed people to build and live in informal housing instead. After several years, the local municipality eventually provided some services to this particular district.

Here is where the story of Omar and his five brothers, who moved to Damascus for college and work, begins. The six brothers saved enough money to purchase a house in the informal settlement in 2002. The home was one storey and was constructed on a 120-square-metre plot of land. But because the property was not formally listed in the Land Registry, the brothers’ ownership of the home took the form of 21 common shares of the original, larger plot of land in the informal settlement. That meant their sole proof of ownership was a contract sale of shares under an irrevocable power of attorney regulated by a notary. Because their shares were small, the brothers agreed to register their shares pro forma under Omar’s name because their allocations were small.

After some time passed, the brothers reinforced the house and constructed additional storeys due to the increasing urgency of their housing needs. By 2011, they had a three-storey house with five apartments. The legal status of their property, however, did not change. It was still simply 21 commonly owned shares of the original land.

At one point, the brothers began considering the possibility of terminating the common ownership of their property to preserve each of their rights. Here they came across a complex legal situation, which made things difficult for them for two main reasons. First, the municipality must correct the classification of the original land from agricultural to residential before terminating the common property, which is beyond the brothers’ abilities. Second, there was the practical issue of a large number of common owners of the original land.

Faced with these roadblocks, the brothers drew up a quota purchase contract in which they specified each brother’s share and its classification. For example, Omar owned the right-hand apartment on the home’s second storey. They registered it with the Damascus governorate’s Directorate of Finance and paid the required fee to legitimise the contract.

By 2012, once the revolution transformed into an armed conflict, Omar and his brothers, like many other informal settlement residents, fled to Damascus and left their homes behind. Regime forces seized control of the area and allowed residents to return only once to check on their properties, preventing them from returning to live there. Omar and his brothers inspected their apartments and found that the building had not been significantly damaged.

A security service branch arrested Omar in 2015, and the family’s multiple attempts to secure his release failed. This complicated the situation because the notary initially registered the 21 commonly owned shares under Omar’s name.

In 2017, the family learned that Omar had been killed under torture just a month after his arrest. They did not receive his body, and instead received a piece of paper requesting them to visit the Tishreen Military Hospital to pick up his death certificate.

In 2018, regime forces permitted residents of the district to visit their properties for a second time after regime forces retook East Ghouta from the opposition. The brothers discovered their neighbourhood was completely looted, despite the regime controlling it throughout the war. The house was robbed of its furniture, doors, windows, and baths, and anything that did remain had been destroyed.

The family’s building and other buildings in the area were no longer habitable. Even if their building was intact, the family members were scattered worldwide, some as refugees abroad and others internally displaced. Those who remained in Syria tried to return to the building but lacked the finances to restore it.

In addition, when Omar died under torture, he left behind a wife and two daughters. Because he has no male heirs, his wife, daughters, mother and brothers became his heirs, per Islamic inheritance rules. This means that the number of shareholders in the commonly owned property has now increased.

Omar’s small neighbourhood is an example of dozens of other informal areas across Syria that have seen similar fates. Approximately 40 percent of people in Syria live in informal districts, where common ownership is still the norm. Many of these areas saw significant destruction due to the war. Meanwhile, their residents were forcibly displaced and, thus, at risk of losing their housing, land, and property rights.

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