Illegal properties in Syria: their types, risks, and legal consequences

A property may appear sound and complete from the outside, while a review of its permit or plans may reveal an added floor, an unlicensed area, or a structural modification that does not comply with the legal status of the building. Here, the violation is no longer just a technical detail, but becomes a matter that deserves to be checked for its legal and regulatory consequences, and the complications it may entail for the property.

In this guide, we address the topic of violating properties in Syria, clarify what is meant by building violations and their main types, the difference between a violating property and a property outside zoning, the relationship between a violation and the zoning plan, ownership and registration, as well as the most important ways to detect the presence of a structural violation and check the status of a property before making any decision about it.

What is meant by violating properties in Syria?

A violating property is any building constructed outside the framework of the official permit issued by the competent authorities, whether by building without obtaining a permit in the first place, or by carrying out construction works that do not match the granted permit. The violation may include the entire building, or only part of it, such as an additional floor, a modification in the area, or a change in the permitted use.

In other words, it is not required for the entire property to be violating to be described as a "violating property"; it is enough for just one part of the building to deviate from the permit or the approved technical and regulatory requirements, for this part to be considered a violation in itself, with its own status and consequences.

What is the difference between a violating property and a property outside zoning?

Many property seekers often confuse two completely different concepts: the zoning status of the land, and the legal or licensing status of the building on it.

• Property outside zoning relates to the location of the land itself, meaning it is located outside the boundaries of the approved zoning plan for the city or area, regardless of whether there is a building on it or not.

• Violating property relates to the way the building is constructed and its compliance with the permit, regardless of whether the land is inside or outside the zoning.

In other words, a property may be completely within the zoning boundaries and still have a structural violation in the way it was built. And a property may be outside the zoning without necessarily having a violation in the same procedural sense, as the issue here concerns the location of the land, not the way the building was constructed.

To further understand the specifics and risks of this type of property before buying, you can read the article Properties Outside Zoning in Syria: Risks Before Buying.

What are the main types of building violations in Syria?

Building violations differ in their nature and extent, and their legal consequences vary according to their type, the status of the property, and the regulations applied to each case. The main types include:

Building without a permit refers to carrying out the entire construction process without obtaining any permit from the competent authorities, which is one of the clearest forms of procedural violation.

Building in violation of the granted permit occurs when the building is constructed in a way that differs from what is stated in the issued permit, whether in terms of design, internal layout, or structural specifications.

Increasing the built-up area beyond the permitted area such as expanding the actual building area beyond the limits specified in the permit, either horizontally or within the same floor.

Adding an unlicensed floor or structural parts is a common case, including adding a complete floor or a structural part not included in the original permit plans.

Height and setback violations relate to not complying with the maximum permitted height, or not observing the required setbacks from the boundaries of neighboring land or the street.

Modifications and additions to balconies and spaces such as enclosing a balcony or converting it into a closed room, or adding attached spaces that were not licensed in the approved design.

Changing the use of the property from the permitted use such as converting a residential unit into commercial use or vice versa, without obtaining the necessary approvals for this change.

Not all of these cases carry the same legal consequences; some may be more complicated than others, and determining the actual impact requires studying each case individually.

What is the relationship between the zoning plan and building violations?

The zoning plan is the tool that determines land uses within the city or area, and regulates urban requirements related to permitted heights, setback distances, building ratios, and the types of uses allowed in each sector. Based on this plan, building permits are issued, and the conditions that any new building or modification of an existing building must comply with are determined.

This is where the relationship between the zoning plan and building violations arises; any deviation from the requirements specified by the plan, whether in height, setback, or use, may constitute a structural violation in itself. Nevertheless, the zoning status of the land and building violations remain two different concepts as explained earlier: the first concerns the location of the land within the plan boundaries or not, while the second concerns the extent to which the actual building complies with what is allowed by this plan.

What are the risks associated with violating properties?

This is one of the most important aspects to pay attention to when dealing with any property that may have a violation, as the risks are not limited to one aspect, but extend to several levels:

Legal and regulatory risks Violations may result in procedures from the competent authorities, which differ in nature depending on the type and degree of the violation and its compliance with the applicable regulations.

Problems related to the permit The absence of a permit or non-compliance of the building with it makes the legal status of the property unclear, which affects any subsequent dealings with it.

Discrepancies between the actual building and the documents and plans When what exists in reality does not match what is stated in the official documents, it becomes difficult to rely on these documents alone to assess the property’s status.

Procedures or obligations that may be associated with the violation Some violations may require specific procedures by the relevant authorities, and these procedures vary from case to case depending on the nature of the violation and the applicable regulations at the time.

Potential impact on the use of the property The existence of a violation may limit the ability to use the property or part of it as planned, especially if the violation is related to a change of use or unlicensed structural additions.

Potential impact on registration and real estate transactions A violating property, or the violating part of it, may face difficulties when trying to register it or document modifications made to it with the competent authorities.

Consequences related to re-selling the property When wishing to sell the property or dispose of it later, the incomplete licensing status may require additional clarification from the buyer or the relevant authorities.

Risks of relying on promises to settle the violation in the future It is important not to treat the possibility of “settling the violation later” as something certain or guaranteed, as settlement, if it exists as a procedure, is subject to specific conditions and regulations, and cannot be assumed to apply to every case without official verification.

It is also important to emphasize that describing a violation as “simple” is not enough to determine its actual impact; the legal and regulatory consequences of any violation are determined by its nature and official status with the competent authorities, not by a first impression.

Read more about: How to legally protect yourself when buying property in Syria?

Does a structural violation affect property ownership?

Many property seekers confuse four different matters: property ownership, building permit, building compliance, and structural violation.

Having a property ownership document proves the right to the land or real estate unit, but it does not automatically mean that all construction works on it are legal or compliant with the permit. A person may own a property legally in full, while at the same time the property has a structural violation related to part of the building, such as an additional floor or an unlicensed modification.

In other words, ownership concerns the right to the property, while the violation concerns the extent to which the building on this property complies with the permit and regulatory requirements. The consequences of each may overlap in some cases, but they remain two separate concepts, each with its own legal status.

You may be interested: Real Estate Ownership in Syria.

How can you check for a structural violation in a property?

Before making any decision about a specific property, it is useful to follow practical steps that help form a clear picture of its structural and licensing status:

• Review the building permit and make sure it exists, is valid, and matches the nature of the offered property.

• Compare the reality with the attached official plans and documents to verify that the actual design matches what is licensed.

• Check the actual building area and compare it with the area stated in the permit.

• Review existing floors and additions and ensure they are part of the original permit or licensed later.

• Check for structural modifications such as enclosing balconies or changing the internal layout, and their compliance with the approved plans.

• Review the use of the property and make sure it matches the use specified in the permit, whether residential or commercial.

• Inquire with the competent authorities, as they are the most reliable entity to verify the official status of the property.

• Consult a legal or engineering specialist if needed, especially in cases where it is difficult to assess the status initially, as this helps to better understand the potential consequences before taking any step.

These steps do not replace direct official verification, but they form a good starting point for anyone wishing to assess a property before proceeding with any transaction.

How does Imtilak Real Estate help you access reliable property options in Syria?

After reviewing the potential complications that a property with unclear status may have, the importance of searching for property options with clear information and documents from the start becomes evident, instead of facing surprises later that may require extra effort for verification and follow-up.

From this perspective, Imtilak Real Estate seeks to help those interested in property in Syria explore a wide range of property options, compare locations, projects, and available specifications, and access the available information related to each property in an organized and easy-to-follow manner. This type of clarity helps facilitate the decision-making process and provides the property seeker with a better basis for comparison and evaluation.

You can browse a range of properties for sale in Syria via the Imtilak platform and view the available options in various areas and projects

In the end, verifying the legal and licensing status of any property remains an essential and indispensable step, whether we are talking about violating properties in Syria or other types of properties, as this verification is what gives the buyer a realistic and clear picture before making any decision.