unlicensed_buildings – Syria Report

Under Decision No. 991, issued on October 3, 2022, the Damascus governorate has agreed to grant “permits” for restoring, reinforcing, and rebuilding parts of licensed real estate properties in the Qaboun residential area. Recipients must implement these projects within six months of receiving their permits.

The governorate’s executive office stipulates that people wishing to obtain permits must meet certain conditions. They must obtain prior security approval and documents proving the structural soundness of their properties. In addition, they must provide ownership contracts and notarised pledges that they will not request any subsequent compensation should they be ordered to evacuate the area for zoning implementation purposes.

In June 2020, the Damascus governorate announced it had issued Detailed Zoning Plan No. 105 for the Qaboun residential area, in line with Planning and Urban Development Law No. 23 of 2015. The zoning plan was meant to be approved and issued by special decree, though this has yet to happen. In May 2021, some displaced residents were allowed to return to the Qaboun residential area after having met two conditions, i.e. submitting to a security investigation at the Air Force Intelligence branch in charge of the area and obtaining structural reports confirming their properties are safely habitable.

Interestingly, Decision No. 991 restricts restoration, reinforcement and reconstruction work to legally licensed properties, excluding any informally built structures. According to sources who spoke with The Syria Report, that leaves residents able to return to and restore buildings mainly in one area, a residential housing complex of apartment blocks and one-storey homes east of the Al-Ghufran Mosque. This area was not included in Detailed Zoning Plan No. 105, meaning it will not be re-zoned.

The buildings east of Al-Ghufran Mosque survived a wide-scale demolitions campaign carried out by regime forces after they had forcibly expelled residents and opposition fighters from the area in May 2017. These buildings are licensed, were built on previously zoned plots of land and were only partially damaged or not damaged by wartime fighting. Homeowners there also have official ownership documents. Sources told The Syria Report that the Damascus governorate would not grant restoration permits for damaged buildings in the area at risk of collapse, even if they were licensed or sit on previously zoned land.

Meanwhile, the conditions for obtaining security approval mean that the property owners who are eventually green-lighted to return home are those currently living in regime-held areas and are not wanted by the security services. If returnees have any family members who are wanted, they must commit to a “security settlement.” The settlements may include an extensive security investigation, arrest if there are unresolved search warrants, and military conscription for men who have yet to complete their military duty.

Appointed in July 2022, the new governor of Damascus set aside one day per week to listen to citizens’ complaints and petitions. Multiple delegations of Qaboun residents ended up visiting him. According to the preamble of Decision No. 991, which the governor signed, the decision came at the request of a member of the governorate’s executive office during a meeting held in late September. The decision had the unanimous support of the office at a meeting on October 3. Notably, October 3 was the last day the office met before the end of its term. Local administrative elections took place in September, with the new governorate council taking its constitutional oath and electing members of the new executive office on October 17. As a result, according to The Syria Report’s sources, the new office will be charged with following up on the implementation of Decision No. 991 without being responsible for issuing it.

One of the reasons for passing Decision No. 991 may be that the Damascus governorate needs more funds to start zoning the Qaboun residential area per Detailed Zoning Plan No. 105. This comes in light of the governorate’s failure in other zoning projects in Marota City and Basilia City, raising the new governor’s fears that unlicensed construction could restart in Qaboun if displaced residents are allowed to return. Meanwhile, the governor is trying to demolish unlicensed buildings across the capital city, following extensive, similar demolition campaigns he led during his time as governor of Hama. He is considered among the Syrian governors most keen on enforcing Decree No. 40 of 2012, which concerns unlicensed construction.

On September 17, the Rural Damascus governorate demolition workshops, with police support, removed a wall surrounding two farm plots in Al-Shabreh, an area south of Hteitet Al-Turkman, East Ghouta, that sit at the intersection of a railroad track and the Damascus Airport road. Days later, on September 19, the governorate workshops also demolished seven large homes in the area that had nearly completed construction.

The head of Rural Damascus’ Follow-up Directorate said in a televised interview that Hteitet Al-Turkman authorities informed the governorate of an operation to “build on the farms without construction licences.” He added that the governorate directed “demolition workshops” to remove the buildings, which included shops, large houses, and walls.

Here, the term ‘farm’ refers not to land used for agriculture but to walled-in plots of land containing villas or large luxury homes. Most of these properties are legally classified as agricultural lands, on which construction is not permitted. Their owners are usually influential figures with ties to government or security officials, who protect them from municipal demolitions.

During the same interview, the former Hteitet Al-Turkman mayor said that the municipality sealed the illegal buildings with red wax and ordered the governorate to remove them in accordance with the law. He added that the Rural Damascus governor responded to the request and removed the buildings. According to the former mayor, the municipality requested help because it lacked the heavy machinery required to knock down the buildings.

The owner of the two plots of land is an influential woman nicknamed Al-Wazireh, who has close relations with government and security officials, according to a local correspondent for The Syria Report. However, the seven large villas on the properties reportedly belonged to Abu Basel from the Al-Shughour neighbourhood of Damascus, who worked alongside a former security official. Abu Basel purchased lands in the area in 2019, building illegal villas and calling the development the Al-Fawares Farms Complex.

The Al-Fawares Farms Complex was a project designed for investment and leasing. It is among a group of similar projects, including the well-known Al-Baz Villa, owned by one of Abu Basel’s relatives. In the surrounding Al-Shabreh area of Hteitet Al-Turkmen, more than 30 such villas were built illegally over the past two years for officials and other influential figures.

In early 2022, Al-Wazireh purchased the two plots of land next to the Al-Fawares Complex. The move angered Abu Basel, who was planning on buying the properties to build more villas. Using his security connections, Abu Basel pressured the Hteitet Al-Turkman municipality and the governorate to remove the walls around Al-Wazireh’s two properties, which they did on September 17.

Al-Wazireh subsequently filed a complaint to the Rural Damascus governorate against Abu Basel, accusing him of constructing the buildings without a permit. With unprecedented speed, the governorate moved to demolish his seven villas, indicating possible high-level security intervention. However, not all the properties in the Al-Fawares Farms Complex were destroyed, with some remaining intact.

The governorate said it demolished the properties because they infringed on the neighbouring railway and airport road. However, the demolished villas were relatively distant from the road and the railway. Meanwhile, the buildings that remain intact encroach on the railway and airport road.

According to The Syria Report‘s correspondent, Abu Basel lost his influence in mid-2022 when the former security official he worked with died. It is unclear whether the former official had a share in Abu Basel’s properties. Abu Basel also owns several plots in various parts of East Ghouta.

After Abu Basel’s properties were demolished, unconfirmed rumours suggested that he fled Syria because security services issued a warrant for his arrest. When municipal authorities move to demolish illegal buildings owned by officials or influential figures, it usually indicates that they are no longer protected by their high-level connections.

Meanwhile, an Air Force Intelligence security detachment inside Hteitet Al-Turkmen has prevented residents from restoring their properties that were damaged during the war. Residents are also barred from returning to the Al-Maydaniyeh neighbourhood of the town. Air Force Intelligence has seized dozens of homes in the town and painted the properties with the words “confiscated” or “sealed in wax.”

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