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Various Factors Hamper Restoration of Properties in Old Damascus

13-02-2024/in HLP, News /by Rand Shamaa

During the regular meetings held by the Damascus Governorate Council in January, members’ interventions focused on the delay in issuing licences for the restoration of old buildings in Old Damascus, which could expose them to the risk of collapse.

Old Damascus has its own directorate under the Damascus Governorate, serving as its municipality. Its jurisdiction is the area within the old walls of Damascus, extending from the Damascus Citadel and Al-Hamidiyah Souk in the west to Bab Sharqi in the east. This area has been listed on the UNESCO World Heritage List since 1979.

The semi-official Al-Watan newspaper reported on January 14 that Omaima Abboud, the director of the Old Damascus Directorate, said that a new committee had been formed to inspect old properties in Old Damascus, assess their level of danger, and identify those at risk of collapse.

The committee comprises representatives from the Old Damascus Directorate, the Damascus branch of the Engineers Syndicate, and the Directorate of Service Departments in the Damascus Governorate. However, the formation of the new committee excluded the Directorate of Antiquities affiliated with the Ministry of Culture, the only body with the expertise and personnel capable of identifying damages in the old city and proposing ways to mitigate and repair them without harming the fabric of the old city.

There is a contradiction in the tasks and the need for the new committee. The duties of municipalities in the Damascus Governorate include inspecting buildings at risk of collapse and issuing urgent restoration licences for them. Therefore, the Old Damascus Directorate is responsible for regularly inspecting properties within its scope of work, taking necessary actions to mitigate risks to them, granting restoration licences, and supervising their implementation.

The Damascus Governorate is hindering the municipalities’ authority, including the Old Damascus Directorate, in issuing restoration permits, according to an informed source from the Damascus Governorate who spoke to The Syria Report. The Damascus Governorate is stringent in granting restoration licences (officially named the reinforcement and partial reconstruction licence) to owners of private properties in Old Damascus. The Governorate justifies this by stating that the area is historical and requires special treatment in terms of structural study, and the type and quantity of materials used in restoration. The Governorate also mandates the presence of the property owner or their heirs when applying for a restoration licence. This requirement is difficult to fulfil as Old Damascus is experiencing judicial disputes among generations of heirs over inheritance and old estates, as well as disagreements between tenants and landlords under old residential lease contracts and commercial leases subject to compulsory extension. These complications have led to restraint on disposal marks being placed on many properties’ land records, preventing the acquisition of restoration licences.

For example, a property in Old Damascus containing several residences may remain registered in the name of its owner decades after their death due to disputes among the heirs over the division of the estate. At the same time, that property is inhabited by multiple tenants under old lease contracts in the names of deceased individuals. Thus, disputes over properties in Old Damascus can occur on various levels, between the heirs of the property owners on one hand and between those heirs and the heirs of the tenants on the other. In all these cases, the rental law does not specify the contracting parties’ responsibility for restoration, nor does it oblige any party to undertake the restoration.

With all these complexities, no party can obtain a regular restoration licence. Therefore, to protect against the collapse of the property onto its inhabitants, residents sometimes resort to conducting restorations without a licence, which the Damascus Governorate considers a construction violation under Legislative Decree No. 40 of 2012. Property owners lose the right to obtain a restoration licence in case of violation. Initially, the unlicensed violation must be settled before applying for a new restoration licence. However, the Damascus Governorate no longer accepts the settlement of violations before the issuance of Law No. 40 of 2012. 

The Governor of Damascus insists that the only solution for any construction violation is its removal and demolition. Therefore, it’s notable that members of the Governorate Council have, during recent meetings, called for the settlement of building violations in Old Damascus that can be proven to have occurred before the issuance of Law 40 of 2012.

On the other hand, in the absence of problems between heirs and tenants, residents of Old Damascus face another equally complex dilemma. The area is archaeological, and sometimes there is a conflict of authority between, on the one hand, the Ministry of Culture, the Ministry of Endowments, and the Ministry of Tourism, and on the other, the Damascus governorate regarding the restoration of some properties. 

If the owner of a private property in an archaeological area manages to obtain a restoration licence, the restoration must be supervised by the Damascus Governorate and the Ministry of Culture. If the property is built on a religious endowment property or adjacent to a religious site, the Ministry of Endowments must also be involved in the supervision. The Ministry of Tourism is added if the property has a tourism facility. In all cases, the restoration is at the property owner’s expense alone. These supervisory bodies do not provide any assistance, financial support, guarantees, or banking facilities for restoring damaged properties, even if the property is at risk of collapse. The Damascus Governorate does not intervene in restoring any property at risk of collapse unless it poses a danger to public facilities.

https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Rand Shamaa https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Rand Shamaa2024-02-13 17:14:072024-02-22 06:26:27Various Factors Hamper Restoration of Properties in Old Damascus

Explained: Zoning Shares and Who Gets Them Under Decree No. 66

08-08-2023/in Analysis & Features, HLP /by Rand Shamaa

Legislative Decree No. 66 of 2012, which established two zoned real estate areas within Damascus governorate as part of the general plan for the capital city, compensated some rights holders with zoning shares in these two areas. This article explains what is meant by “zoning shares” and how people obtain them.

Decree No. 66 clarified that those entitled to zoning shares are owners of built properties within the zoned real estate area who have proven their ownership with official documents and endorsements. This mainly refers to owners of properties that were registered and documented in the Land Registry prior to the establishment of the new zoned real estate areas. However, non-compliant owners who have built on public lands, or on private agricultural lands where construction is prohibited, might instead be allocated not free alternative housing but will not be entitled to zoning shares.

As for renters, Decree No. 66 stipulated that tenants of properties within the zoned real estate area whose rental agreements are subject to the provisions of the old Tenancy Law No. 111 of 1952 are also entitled to zoning shares. Essentially, this means that the property is officially documented in the Land Registry. In such a case, a tenant occupying the property is entitled to a share equivalent to 30 percent of the estimated value of the residential property they occupy, and 40 percent for a tenant occupying commercial property.

The 2012 decree also stipulated dividing the zoned real estate area into plots, which are jointly owned by the owners within the zone. The value of the plots are estimated and then distributed in the form of joint shares, or zoning shares, amongst the rights holders by a distribution committee. This committee is formed by a decision of the governor and is chaired by an advisory judge appointed by the Minister of Justice. It also includes two real estate appraisal experts appointed by the Minister of Housing, and two representatives from amongst the area’s property owners.

The zoning shares for each rights holder are calculated according to complex processes carried out by several committees, in accordance with Decree No. 66. To put it simply: an initial committee estimates the value in Syrian pounds of the properties owned by rights holders, which were constructed before the establishment of the zoned real estate area based on prevailing prices at the time of the procedure. Subsequently, the area becomes joint communal property of the rights holders, though each person theoretically retains their share. Following this, another committee calculates the Syrian pound value of the plots intended for construction, specifically designated for rights holders, as per the zoning plan. Each of these is referred to as a zoning plot. The Damascus governorate is entitled to allocate large areas within the zoned real estate area, free of charge, for the establishment of service or investment plots. There are no clear criteria for valuation, as these plots have not yet undergone construction. After the valuation, the value of the zoning plots is divided among the rights holders, who each receive their zoning shares. 

The distribution committee issues its definitive final decision, which includes the names of those entitled to shares of the zoning plots as joint owners. The Damascus governorate also releases nominal data about the joint zoning plot shares and delivers them to the owners based on the distribution committee’s tables. This data should list the name of the zoned real estate area, the names of the shareholders, the number of shares, and the total count of shares for the zone.

Owners of the zoning plot shares can begin trading their shares within a year after the governorate announces the final distribution scheme. However, initially, the rights holder’s share ownership must be registered with the Damascus governorate. Subsequently, anyone can access ownership information of the shareholders from the share registry and obtain a certified copy in exchange for a fee set by the governorate. The governorate also charges a five percent fee of the traded share value for every share trading transaction.

The process of transferring and registering the ownership of zoning plots is conducted in the Land Registry, in accordance with the current status of the joint share owner. If someone has a large share, they can apply for an independent zoning plot that is equivalent in value to the shares they own. The executive office in the governorate then issues a decision to allocate the plot and register it under that person’s name. This decision is announced on the governorate’s notice board and a copy is sent to the Directorate of Cadastral Affairs for the property registration procedure.

For those who own smaller shares that don’t equate to an independent zoning plot, Decree No. 66 allows them the option to establish a joint-stock company under the Companies Law. In this scenario, the governorate issues a decision to allocate the shares to the company, announcing it on their notice board. The governorate also sends a copy of this decision to the Ministry of Economy and Trade for establishing a joint-stock company and another copy to Cadastral Affairs for registering the plot ownership under the company’s name. Properties within the decree’s zone of implementation are exempted from land registration fees.

Decree No. 66 prohibits the ownership and allocation of more than one zoning plot, whether by individuals or companies. If it is not feasible to establish or join a company, the only option left for a small shareholder is to sell their shares via public auction. In such cases, the Damascus governorate forms a special committee, in accordance with Contract Law No. 51 of 2004, to sell the zoning plots. The proceeds from the sold plots are then deposited in the Damascus governorate’s account at the Central Bank of Syria, labelled as a “trust account”. The governorate may not use the funds of the owners of the sold zoning plot shares. This group of zoning share owners is the most adversely affected as they are forced to sell at auction prices that builders compete for.

The Directorate for Implementation of Decree No. 66, which is affiliated with the Damascus governorate, announced the commencement of share trading for the second regulatory zone south of the Southern Ring Road, called Basilia City, starting from May 15, 2023. The trading period will last until May 15, 2024. A square metre consists of 339,615 shares, according to the the Finance Directorate of the Damascus governorate. Article 25 in Decree No. 66, set the price of a single share at SYP 1.

https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Rand Shamaa https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Rand Shamaa2023-08-08 20:12:442023-11-14 08:58:51Explained: Zoning Shares and Who Gets Them Under Decree No. 66

Explained: Permits for Reinforcement and Partial Reconstruction in Damascus

23-05-2023/in Analysis & Features, HLP /by Rand Shamaa

The Damascus governorate’s Directorate of Planning and Urbanisation is in charge of granting special permits for reinforcement and partial reconstruction of licensed constructed buildings within zoned areas of the capital. These permits may be used to renovate, re-clad, modernise or rectify prior construction errors in buildings. However, these permits cannot be granted for buildings in the Old City of Damascus, where prior approval from the Department of Antiquities is required. 

For example, the permits are granted in the following cases: when the structure of a building is damaged due to additional unstudied loads, such as from installing other features on external surfaces. This can also include extra weight from water cisterns and fuel tanks for heating and natural factors such as rainwater or sewage leakage. In these and other cases, when re-fixing the home, the engineer may decide to reinforce any columns and build metal structural casings around them. Property owners must obtain a reinforcement or partial reconstruction permit for this. 

After the February 06 earthquake, there has been an increased demand for these permits due to buildings across Damascus that partially collapsed or were damaged. However, the Damascus governorate required residents of some of these buildings to reinforce them at their own expense, especially in the New Al-Sham Suburb project area. 

Applicants must submit the following documents to obtain a reinforcement or partial reconstruction permit: 

  1. A permit request obtained from the Licensing Department office;
  2. A real estate certificate issued by the Directorate of Cadastral Affairs, including the property’s subdivision number, location on the city zoning map, building specifications and the names of the owner or joint ownership shares;
  3. A document showing the ifraz, or subdivision, of the property to be reinforced, issued by the Directorate of Cadastral Affairs. This is a technical plan showing the property’s shape and boundaries.;
  4. A document showing the zoning plan issued by the Damascus governorate and specifying the property’s location within that plan; 
  5. A current survey displaying the complete property descriptions, dimensions and any modifications to the property, including previous violations of the construction code. This survey is to be issued by an architect or civil engineer.;
  6. A structural plan detailing how the building was constructed, including any columns, foundations and walls, as well as the load on each of these elements. A structural engineer issues this plan.;  
  7. Detailed plans, including floorplans, showing the quantity of the materials needed for reinforcement and reconstruction. These plans are to be prepared by a consulting structural engineer licensed by the Engineers’ Syndicate. They must include tables listing the quantities of materials for the reinforcement.; 
  8. A police report, issued by the police station responsible for the area in which the property is located. This report should indicate that a police patrol consisting of a head officer and several personnel visited the property’s location and inspected it. The report should also include the names of the patrol members, their ranks, residents’ names, personal details and the names of any eyewitnesses. Also specified are the property details, the patrol’s observations about the general condition of the property and the locations of any partial or total collapses on some parts of the property. Finally, this report should include any complaints from neighbours and residents, if any.; 
  9. A written promise from the applicant that they will not take advantage of the permit to build unlicensed construction;
  10. Consent from all the owners or permission from the judiciary.  

There are three cases in which reconstruction is not allowed and where reinforcement of at-risk parts of the property is permitted: 

  1. If the property is within an approved plan, such as a park or road;
  2. If the property has been expropriated. If this is the case, then the opinion of the expropriation office is required. This is considered a form of pressure by the governorate on owners of expropriated real estate to vacate their properties and demolish them for the benefit of the expropriating party;
  3. If the property is located within areas protected for agriculture. 

Despite the importance of reinforcement, especially for buildings over five decades old, it is clear from the above conditions that the Damascus governorate has strict requirements for granting reinforcement and partial reconstruction permits. This strictness on the governorate’s part could lead to delays in implementing regular maintenance of buildings, especially those with multiple storeys, and can prolong bureaucratic procedures–which becomes an issue if there are unexpected natural disasters like earthquakes. On the other hand, undertaking reinforcement promptly can help prevent buildings from collapsing and protect residents.  

Meanwhile, reinforcement permits are often used for unlicensed construction, such as putting water tanks on rooftops, installing elevators or building protrusions. Without any effective monitoring mechanism, the written promise not to use these permits for such construction is meaningless. Damascus municipalities often turn a blind eye to unlicensed construction when the violators have a reinforcement permit. For example, one building owner used their permit to dig and construct a basement for their building in a wealthy neighbourhood of the capital. Instead of reinforcing the building as the permit called for, this owner put the entire building at risk of future collapse.  

Further, the governorate’s requirement that all the property’s owners consent to the permit can delay the issuance of permits, thereby exposing buildings to structural risk. Notably, a demolition permit requires the consent of just three-quarters of the property owners, which can deprive the remaining one-quarter of the owners of their rights even if the demolished building was not at risk of collapse. 

In cases of reinforcement, the consent of all the property owners is required, even if they do not reside in the building. This means non-resident owners can object to the reinforcement work for financial reasons unrelated to any risks that threaten the building’s structural safety or the lives of its residents. In such cases, it is rare to turn to the judiciary because of the lengthy litigation periods required, delayed decisions and the possibility of appeal. Residents, therefore, usually settle these issues directly with the objecting party, often through illegal financial agreements, until that party agrees to the reinforcement. 

For example, in one wealthy Damascus neighbourhood, a property owner wanted to reinforce their commercial property, which occupied the ground floor of a multi-storey residential building. When he tried to obtain written consent from the building occupants so that he could get the reinforcement permit, one of them objected. This person only ended up agreeing to the reinforcement work after the permit applicant promised to re-clad their apartment for free. 

https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Rand Shamaa https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Rand Shamaa2023-05-23 22:30:462023-05-31 01:39:35Explained: Permits for Reinforcement and Partial Reconstruction in Damascus

Explained: Demolition Permits in Damascus Governorate

02-05-2023/in Analysis & Features, HLP /by Rand Shamaa

The Damascus governorate’s Directorate of Planning and Urbanisation has a Department of Licensing and Construction that grants real estate demolition permits for licensed properties within zoned areas. The governorate usually issues these permits for rebuilding old or structurally unsafe buildings or demolishing traditional Arab-style homes as new multi-storey units. In some cases, however, the permits are a means of pressuring tenants with old, permanent rental contracts into relinquishing their rights or vacating the property. 

The aftermath of the February 06 earthquake saw increased demand for demolition permits, especially for buildings that partially collapsed and needed to be demolished and rebuilt. It is worth noting, however, that governorates can demolish such buildings without prior consent from the owners if they are at risk of collapsing on residents or adjacent properties. 

Anyone hoping to demolish their property or a part of it (such as an annexe or additional storey, or even a surrounding exterior wall) must first obtain a “permit request booklet” from the governorate, which must be filled and accompanied by a file containing various documents about the applicant and their property. Applicants must submit the entire file for registration to the Directorate of Planning and Urbanisation. Once applicants complete the procedures and obtain the permit, private work crews hired by the contractor or owner may demolish the property and remove the debris to a designated rubble site on the city’s outskirts. Property owners must pay for demolition and debris transport out-of-pocket. 

According to the Damascus governorate’s official website, applicants must submit the following documents to obtain a demolition permit: 

  1. A photocopied, enclosed plan showing the land area, building boundaries and surrounding open spaces;
  2. A real estate registration extract issued by the Directorate of Cadastral Affairs, displaying the subdivision number, the property’s location on the city zoning map, building specifications and owner or joint ownership shares;
  3. Approval from 75 percent of the property owners is the minimum required to obtain and register the permit request booklet;
  4. A photocopy of the ifraz, or subdivision, plan for demolishing the property issued by the Directorate of Cadastral Affairs. The technical plan details the property’s shape and boundaries alongside construction regulations within the local zoning plan;
  5. A clearance certificate from the Ayn Al-Fijeh Water Establishment confirming no outstanding financial liabilities or unpaid water bills for the property;
  6. Copies of any supporting documents issued by a consulting engineer showing how to prevent the building from collapsing on its own; 
  7. A letter from the competent municipal services department confirming that they have viewed the application and informed the property occupants;
  8. Photographs of the building from all sides. 

The 1997 building code for Damascus, published on the governorate’s official website, requires several additional documents and deeds to obtain demolition permits for existing and non-classified historic buildings: 

  1. A request to the directorate to demolish the building on a particular subdivided piece of land submitted by at least three-quarters of the property owners;
  2. A technical report from an engineer stating that the demolition will take place under their responsibility and supervision;
  3. A notification for occupants of the property that the demolition permit is not considered a justification for their eviction;
  4. An ownership statement free of any prohibiting indications for the share belonging to the applicant, also known as a real estate clearance. The clearance shows that the page for that property in the Land Registry has no indications of mortgage for debt or loans and no orders prohibiting the disposal of the property due, for example, to there being heirs awaiting inventory of a bequest and distribution of shares;
  5. Approval from an architectural construction committee, which includes members of the Damascus Governorate Council as the licensor, the Directorate of Antiquities to confirm that the site is not historical and can legally be demolished, and the Engineers’ Syndicate that provides technical expertise. This committee is formed by decree from the governor based on a proposal from the Directorate of Planning and Urbanisation;
  6. A written, notarised confirmation from the demolition permit applicant that they will not start demolition until the building is fully vacated;
  7. Removing structures that violate the building code or encroach on public property and dealing with real estate rights per laws and regulations in place.  

It is unclear why the types of required documents differ in these two cases, despite the type of demolition permit being the same for both. 

In both cases, at least three-quarters of the property owners must agree to the demolition to obtain a permit. For less important matters, the governorate requires the agreement of all owners, e.g., an elevator licence or beautifying the facade of a building. It is unclear what objection mechanisms are in place – if any – for the one-fourth of owners who might disagree with the demolition. Further, building codes do not explain why a demolition permit is not considered a justification for evicting property occupants, even though security forces may be called upon to evict occupants in other, less consequential cases.

https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Rand Shamaa https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Rand Shamaa2023-05-02 18:06:342023-05-04 08:07:04Explained: Demolition Permits in Damascus Governorate

Structural Safety Committees Inspect Earthquake-Damaged Buildings in Damascus

04-04-2023/in HLP, News /by Rand Shamaa

Recent weeks have seen the Damascus governorate form dozens of structural safety committees to inspect buildings in the capital, which was not really impacted by the February 6 earthquake. 

Immediately after the quake, the governorate set up a WhatsApp number to let residents of Damascus get in touch and report any cracks in their buildings. After receiving these reports, a joint committee would be dispatched to inspect the building for cracks and issue recommendations. The governorate forms these committees with other official entities, so that they include engineers and experts from both sides. For example, there are nine joint committees between the governorate and the University of Damascus Faculty of Engineering; 12 between the governorate and the Higher Institute for Seismic Research; and nine emergency joint committees between the governorate and the Damascus branch of the Syrian Engineers Syndicate. 

In addition, the governorate formed committees consisting of its own engineers and its 16 municipalities, for a general inspection of all buildings in the city’s municipal services directorate. The governorate also formed a committee to oversee any reinforcement work, which would accompany the local engineering committees on an as-need basis.

At the governorate’s request, the Damascus branch of the Syrian Engineers Syndicate formed a 15-person emergency committee headed by their branch president tasked with assessing the technical safety of facilities and buildings. It was also aimed at providing technical support and test construction materials in the syndicate’s laboratory. 

Finally, the General Company for Engineering Studies (GCES), affiliated with the Ministry of Public Works and Housing, formed a committee to inspect government buildings in Damascus for structural safety. 

These committees have inspected a combined 2,300 buildings in the capital based on reports from residents, according to an estimate by the Damascus governor published in the official Tishreen newspaper on March 23.

Sources told The Syria Report that the committees found cracks in the walls of some buildings in the Al-Mazzeh 86 neighbourhood. One of the buildings, which consisted of five storeys, showed cracks in its columns and was temporarily evacuated. However, inspectors allowed residents to return to the building, asking them to fill the cracks with cement and monitor them. If the cracks were to grow, then the committee there would study possible reinforcement of the building. Lastly, they recommended constructing several retaining walls in the area at the governorate’s expense. 

Some committees inspecting homes in Al-Sham Al-Jedida suburb, previously known as Dummar residential suburb, found that some buildings there had sunk several centimetres into the ground. One committee requested that residents of at least one building construct full metal reinforcements around its load-bearing columns, with the engineering study and implementation costs to be paid for by the residents themselves. 

In general, the committees lacked any unified engineering standards and chaos prevailed. Each committee conducted merely visual inspections of the buildings in their areas without using testing equipment or scales. They then classified the buildings according to their structural safety, listing them as either safe and undamaged, as damaged and in need of reinforcement, or, finally, as damaged, at risk of collapse and in need of evacuation and demolition. 

The Syria Report’s sources said the most active committees were those that included members from the Engineers’ Syndicate, as it seeks to regain its engineering role after having been marginalised in recent years by the Construction Contractors’ Syndicate. The Engineers’ Syndicate succeeded in imposing unified standards for the fees of engineering studies, inspections of damaged buildings and facilities, and supervision of reconstruction or reinforcement work. This was apparent in Ministry of Public Works and Housing Decision No. 1698 on February 27, 2023, which approved the Syrian Engineers’ Syndicate Central Council Decision No. 4 — this measure reduced the fees for engineers to check on the status of buildings damaged by the earthquake in the most heavily impacted governorates. However, the syndicate was not able to set clear, unified standards for how to inspect damaged buildings or to undertake restoration and reinforcement work, instead leaving that task to the engineering committees.

Meanwhile, no rights organisations participated in monitoring the work of the committees, nor was there any documentation of the damaged properties as the process lacked legal mechanisms for objecting to the committees’ decisions. Based on the committees’ recommendations, the Damascus governorate demolished some of the buildings that were at risk of collapse, after they underwent inspection. All of these buildings were already at risk before the earthquake and were only further damaged in the disaster, including buildings in the Kafr Sousa and Sarouja neighbourhoods. The governorate offered residents of these buildings the option of moving into temporary shelter centres, but most of them decided instead on moving to other parts of the city at their own expense. 

Sources told The Syria Report that some residents are afraid to report the cracks in their buildings, fearing they could be evacuated and their homes demolished without any hope of compensation, forcing them to live in the shelter centres or in rental homes at their own expense. Other residents in cracked buildings even tried bribing the committees or pressuring them to issue reports saying their homes were structurally sound. Meanwhile, other people feared that influential figures could seize buildings at low prices by pressuring the committees into deeming safe buildings to be at risk of collapse. This lack of legal mechanisms, as well as fears of security pressure, have restricted the work of engineers on the committees, some of whom have consequently tried to avoid making the right decisions, fearing potential consequences. 

https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Rand Shamaa https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Rand Shamaa2023-04-04 15:53:102023-04-04 15:53:10Structural Safety Committees Inspect Earthquake-Damaged Buildings in Damascus

Explained: The Directorate of Planning and Urbanisation in Damascus Governorate

28-03-2023/in Analysis & Features, HLP /by Rand Shamaa

The Directorate of Planning and Urbanisation is part of the municipal services at the Damasus governorate. It is tasked mainly with preparing and following up on the city’s general zoning draft plan. The directorate also puts in place the city’s planning and expropriation draft plans and follows up on procedures for approval. 

The directorate is in charge of planning, implementation and supervision, tasks that give it wide-reaching powers that often affect housing, land and property rights. For example, 40 years ago the directorate made an expropriation plan for properties in the RuknEddin informal settlement, located at the foot of Mount Qasioun, in order to widen certain streets and build a school. Though the area underwent expropriation, this project has not yet been implemented. Instead, these properties have fallen into disrepair and heirs have been barred from restoring them. A similar problem happened in the Midan neighbourhood of Damascus, when some properties were expropriated in order to widen local streets. 

The directorate is also responsible for classifying districts within the capital as residential, commercial or agricultural. This task includes keeping some areas, such as Basateen Al-Razi and Basateen Kiwan in the Mazzeh area classified as agricultural land despite being located in the heart of Damascus, under the pretext of maintaining green spaces in the capital. Property owners in these areas have therefore been unable to obtain construction permits. As a result, informal settlements were established in these formerly green areas that grew without regulation. In the early 2000s, however, the directorate reneged and decided to change the classification of Basateen Kiwan from an agricultural area into a real estate investment area, and offered real estate there for investment without any justification. Later, Legislative Decree No. 66 of 2012, which created two zoned real estate areas within the general zoning plan for Damascus, allowed for the governorate to transform Basateen Al-Razi and its surroundings into Marota City. 

In addition, the directorate is responsible for securing alternative housing (which is not provided for free) to eligible residents, as well as following up on the procedures for distributing the homes. That said, the handover of alternative housing units usually faces years-long delays and in many cases the homes are located outside the administrative boundaries of Damascus. The 1990s saw the Four Seasons Hotel built on land expropriated by the Damascus governorate in the downtown Zuqaq Al-Sakhr neighbourhood — but owners of those expropriated properties were given alternative housing in the Qudsaya suburb. And residents entitled to alternative housing in the Marota and Basilia City projects are still waiting, seven years after eviction, for homes that will be constructed at their own expense. 

The Directorate of Planning and Urbanisation also prepares and follows up on studies related to health and the environment, though it does not appear to be fulfilling this duty to the greatest extent possible. For example, construction on the Yazid River water treatment plant in Damascus’ RuknEddin neighbourhood, as well as the sewage treatment plant in Dummar, located west of Damascus, was completed in the early 2000s. However, they remain out of service to this day, allowing untreated sewage water to be pumped directly into the Barada River. 

The Licensing and Construction Department affiliated with the Directorate of Planning and Urbanisation, is in charge of issuing permits for a multitude of construction and demolition projects. This department receives and records applications for construction permits and follows up on issuing them. It also issues orders to start construction. As well as permits for demolition, constructing fortifications (such as walls around or above a building), modifying stairwells, constructing sheds on existing buildings and installing fuel tanks.

The directorate also works to set construction permit fees and improvement fees, and has the authority to halt construction projects due to failure to complete the permit process or pay the necessary fees. 

Finally, the directorate is responsible for setting and implementing the system of building codes for Damascus city, which was issued in 1997. This system is a set of administrative decisions issued by local administrative units and approved by the governorates and the Ministry of Public Works and Housing. It determines the conditions that must be met for construction, repair and demolition of buildings and other facilities within those administrative units. 

https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Rand Shamaa https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Rand Shamaa2023-03-28 17:55:282023-03-28 17:55:28Explained: The Directorate of Planning and Urbanisation in Damascus Governorate

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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:

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