Visit The Syria Report Subscribe to our mailing list
EN ع
  • Twitter
Syria Report
  • Green Tabu
    • Issues
    • Updates
    • Analysis
    • Policy Briefs
    • Interviews
  • Archive
    • All articles
    • News
    • Analysis & Features
    • Reports & Papers
    • Regulations
    • Directory
  • Search
  • Menu Menu
Home1 / settlement2

Posts

Decision to End the Possibility of Settling Building Violations Cuts off Source of Funding for Syrian Cities and Towns

25-06-2024/in HLP, News /by Rand Shamaa

The Minister of Local Administration and Environment issued a decision on November 9, 2023, Decision No. 2795, that halted the legal settlements for building violations that were being carried out under Law No. 40 of 2012. Because it deprives them of one of their self-financing sources of funding, the decision has sparked criticism from various administrative units, such as cities and towns, which have called for its repeal.

A meeting of the Higher Council for Local Administration, held on November 2, 2023 and chaired by the Prime Minister, deemed it time to halt the enforcement of settlements for unlicensed construction – more than ten years since Law No. 40 of 2012 was issued. This law allowed for the settlement of certain construction violations that occurred before its issuance, while requiring the removal of all unlicensed constructions occurring thereafter. The law did not specify a deadline for completing the settlement process.

The Higher Council for Local Administration was established under Local Administration Law No. 107 of 2011. It includes the Prime Minister as chairman, the Minister of Local Administration as deputy chairman, and the Head of the Planning and International Cooperation Commission, governors, chairpersons of governorate councils, and the Head of the Regional Planning Commission as members. The council meets twice a year and is tasked with developing and overseeing the implementation of a national decentralisation plan, issuing decisions to clarify the working mechanisms of local units, and approving executive regulations and amendments to fees, resources, and compensations.

In its meeting on November 2, the council identified the failure to complete the inventory and physical inspection tables of violations occurring before the issuance of Law No. 40 of 2012 as a reason for stopping the settlement of unlicensed construction. These tables, which were supposed to be completed by the end of 2012, form the basis for settlement as stipulated in the executive instructions of Law No. 40.

The Tartous Governorate responded to the criticisms and objections raised by its administrative units by sending letter No. 363 to the Ministry of Local Administration on January 16, 2024, outlining the drawbacks of halting the settlements. The letter stated that stopping the settlements deprives the administrative units of an important financial resource, as they have come to rely heavily on construction permit fees and settlement of violations to fund their budgets, in accordance with Local Administration Law No. 107 of 2012.

The governorate justified its request to continue the settlement of violations by pointing out that many settlement transactions were in progress, registered in citizen service centres with assigned numbers and dates, making it necessary to complete them. The governorate confirmed that it adhered to the executive instructions of Law No. 40 of 2012 and had submitted inventory tables and physical inspection reports on violations occurring before the issuance of Law No. 40.

In contrast, an official from Damascus Governorate defended the Minister of Local Administration’s decision No. 2795, arguing that the 12 years since the issuance of Law No. 40 of 2012 was more than sufficient to settle all old violations that occurred beforehand. The semi-official newspaper Al-Watan reported in December 2023, quoting the unnamed official, that the past years had been enough to settle any unlicensed construction, and there was no longer any justification for them after tens of thousands of violations had been settled over the years.

It appears that the Damascus Governorate’s support for the minister’s decision came against the backdrop of the scandals that accompanied the settlement of a building violation in a mall for an influential businessman. In 2018, the Damascus governorate issued a decision to settle an unlicensed construction on a public property at the BigFive Mall in the Midan area. This decision was based on evidence provided by the mall’s investor, Bilal Naal, which claimed the violation occurred before 2012. However, in October 2023, the Damascus governorate discovered that the evidence provided by Mr Naal was incorrect and that the violation had actually occurred after 2012. The governorate then decided to demolish the mall. After some deliberation, a compromise was reached to postpone the demolition and removal of the mall until the implementation of the area’s zoning plan in 2028.

Notably, the violation at BigFive Mall involved construction on public property, which, according to Law No. 40 of 2012, requires demolition regardless of when the violation occurred. Violations that can be settled under Law No. 40 of 2012 do not include encroachments on public property or violations that do not meet structural safety standards.

Law No. 40 specifies that the settlement fine is twice the estimated benefit factor of the violation, which is calculated based on executive instructions. To estimate the benefit factor, complex calculations are used, involving weighting factors. There is no single standard to follow, especially since administrative unit councils rely on the real estate’s current market prices.

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 Shamaa2024-06-25 18:40:332024-06-25 18:41:16Decision to End the Possibility of Settling Building Violations Cuts off Source of Funding for Syrian Cities and Towns

Dozens of Properties in Zakia, Rural Damascus Hit with Precautionary Seizure

14-05-2024/in HLP, News /by Rand Shamaa

In March, the Ministry of Finance issued precautionary seizure orders on the properties of dozens of individuals from Zakia, a town in the Rural Damascus governorate. These orders appear to be aimed at punishing entire families, in response to armed confrontations that occurred in August 2023 between some family members and local armed groups affiliated with the Fourth Division, the regime’s most influential force.

Zakia, part of the Kisweh, a Damascus suburb located south of the capital, borders the governorates of Daraa and Quneitra. Before 2011, the town had a population of around 20,000. Since the 1990s, many of its youth have migrated to Lebanon to work in construction. Zakia is known for its Shamsin and Tuffaha bakeries, which have branches in Aleppo and Damascus as well as in Lebanon. Due to close kinship ties and intermarriage in the region, residents of Zakia also own properties in neighbouring villages and towns such as Shaqhab, Ayn Al-Sawda, Ayn Al-Bayda, Deir Khabiya, and Manshiyat Khan Al-Sheeh. They also own properties, although to a lesser extent, in Kanaker, Sasa, Mazraat Al-Nafoor and Hawsh Al-Nafoor.

From 2012 to 2016, Zakia was under the control of the armed opposition, primarily by the Liwaa Al-Adiyat. A reconciliation agreement with the regime included the surrender of the opposition’s arms, the settlement of their statuses, and the forced displacement of those who rejected the agreement, without regime forces entering the town. Dozens of opposition fighters who refused forced displacement remained in the town. This gave the reconciliation in the area a unique character, which continued to result in tensions with regime forces that infiltrated the town by forming local militias loyal to them. Currently, Zakia’s population is approximately 40,000, including displaced persons from nearby areas where the regime restricts the return of residents, such as Darayya.

The precautionary seizure orders were assigned numbers 449 and 558. According to their annotations, these orders are based on the Law of Judicial Police Authority, issued under Legislative Decree No. 63 of 2012, Decree No. 208 of 2021 forming Hussein Arnous’ government, and Decree No. 1684 of 1977 which regulates the operations and structure of the Ministry of Finance. The annotations also mention a decision, numbered 573, issued on March 21, 2023, which delegates powers without specifying the issuing authority or the nature of these powers.

These precautionary seizure orders also reference two communications from the General Intelligence Directorate “State Security”; the first, numbered 2331 dated February 13, 2024, and the second, numbered 2943 dated February 25, 2024, both directed to Branch 285 of the General Intelligence Directorate headquartered in the security zone in the Kafr Sousseh neighbourhood of Damascus.

Under Law No. 63 of 2012, judicial police authorities can formally request the Minister of Finance to take precautionary measures on the properties of the accused during investigations of crimes against internal or external state security, and offences listed in the Anti-Terrorism Law No. 19 of 2012. This law also grants the Public Prosecutor and the investigating judge the right to impose such precautionary measures during the prosecution of the case, including travel bans, until a final judicial verdict is issued.

The seizure orders concluded with a statement indicating that the precautionary seizure of these properties was due to the individuals’ involvement in “ongoing events in the country.”

According to a correspondent for The Syria Report, these precautionary seizure orders affected dozens of former opponents accused of participating in armed clashes with local militias loyal to the regime, as well as their wives, children, and family members. Local estimates suggest these individuals own tens of hectares of agricultural land and about 200 traditional homes, with most properties officially registered in their names at the real estate authorities.

These lists included first and second-degree relatives of opposition members who participated in an armed clash that erupted in August 2023, with a local armed group led by Muawiya Taama, affiliated with the Fourth Division. First-degree relatives include parents, spouses, and children, while second-degree relatives encompass grandparents, siblings, and grandchildren. The clash was triggered by Mr Taama’s group assassinating a former fighter from the Liwaa Al-Adiyat, which resulted in the deaths of two members from Mr Taama’s group, the burning of the houses, and expulsion of some of its members from the city.

Interestingly, the lists also included names of individuals belonging to local groups under the Fourth Division who did not participate in the armed encounters, as well as some conscripts in mandatory or reserve military service from the town. According to our correspondent, Mr Taama, who remains banned from Zakia to this day, used his influence at the security office of the Fourth Division to include the names of his opponents and also his rivals from other loyalist armed groups on the precautionary seizure lists.

Our correspondent mentioned that a local Fourth Division group leader, whose name was on the list, accidentally discovered a precautionary seizure on one of his properties while trying to sell it and transfer ownership in the real estate registry. Upon discovering this, he approached the Fourth Division office near Sumeria, west of Damascus, where an officer informed him that the precautionary seizure was based on lists provided by Muawiya Taama and Mahmoud AbdulMawla Taama, another group leader of the Fourth Division in Zakia, to the division’s security office, a month after the August 2023 clash.

Notably, after the clash, a settlement was conducted at the end of December 2023 for those wanted in the city, including all participants in the confrontation with the Fourth Division group. This settlement was overseen by Branch 227, which is responsible for the city’s security and is part of the Military Intelligence Directorate, as well as by the Air Force Intelligence branch. This settlement was supposed to eliminate the pursuit of those who participated, but this did not happen.

Our correspondent reported that notable figures from the city contacted the heads of the security agencies responsible for the area, requesting them to lift the precautionary seizures which had been imposed as a form of collective punishment. These requests were made through the local branch of the Military Security Directorate and of the Baath Party, which conveyed the community leaders’ demands for lifting the seizures after the participants in the recent fighting had complied with the settlement. The heads of these agencies promised to work on this issue in the near future.

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 Shamaa2024-05-14 18:46:402024-05-14 18:46:40Dozens of Properties in Zakia, Rural Damascus Hit with Precautionary Seizure

Read also

  • A quarterly journal on housing, land and property rights in Syria – Issue 1
  • Reconstruction and the Right to Housing in Syria: Toward a Transitional Policy that Protects Property and Reduces Real Estate Investment Risks
  • Ministry of Endowments Opens the Waqf Property File: Drawing on Ottoman Waqf Records and Reappraising Rents
  • Yazidi Villages in Hassakeh: Protracted Displacement and Property Seizure
LinkedIn Logo Twitter Logo
HelpAbout usContact usAdvertise with The Syria ReportTerms & conditions
Copyright © 2026 The Syria Report – all rights reserved. Your use of this website is subject to our legal terms & conditions
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:

en_USEnglish
en_USEnglish