Real Estate Built on State-Owned Land in Syria: A Comprehensive Guide

The issue of real estate built on state-owned land in Syria is considered one of the most complex and sensitive matters in the Syrian real estate market, especially in light of the recent developments the country has witnessed. The Syrian state owns approximately 62% of the country’s total area (around 11.5 million hectares). With the increase in construction on these lands over the past years, it has become essential to understand the legal procedures regulating ownership transfer and how such properties are handled.

In this comprehensive guide by Imtilak Real Estate, we review the official procedures for transferring ownership of properties built on state-owned land in accordance with Syrian laws and regulations.

Official Procedures for Transferring Ownership of Properties on State-Owned Land

The process of transferring ownership of properties built on state land is subject to precise official procedures aimed at regulating these properties and ensuring the rights of all parties.

First: Submitting the Contract to the Financial Authorities to Pay Contract Fees

The first and fundamental step is submitting the sale contract to the competent financial authorities (Directorate of Finance) to pay the required fees. The fees related to property registration are governed by Law No. 17 of 2021, which regulates real estate transaction fees, in addition to the fees imposed by authorities that maintain temporary ownership records.

These fees include:

• Real Estate Sales Tax: Imposed on property sales according to Law No. 15 of 2021.
• Real Estate Registration Fees: Calculated as a percentage of the property value.
• Stamp Fees: Including financial stamps required for official documentation.

At this stage, the financial authorities examine the contract and verify that it meets all legal requirements before approving the ownership transfer.

Second: Transferring Electricity and Water Meters with Service Companies

After completing the real estate and financial procedures, the next stage involves transferring the ownership of essential utilities such as electricity and water.

In this step, the buyer must visit the relevant service companies (electricity company and water authority) with the new ownership documents and proof of payment of the required fees in order to complete the transfer process.

This procedure is necessary to separate the legal and financial responsibilities of the seller and ensure that services continue under the name of the new owner.

Mechanism for Dealing with Illegally Owned Land (Share Sales)

In cases where land is not officially subdivided or is irregularly owned (such as informal settlement areas), the mechanism of “share sales” is often used as a temporary solution to preserve the buyer’s rights.

In this arrangement, a fractional share of the property is sold rather than a specific subdivided plot. A preliminary sale contract is then drafted between the parties specifying the sold share. The buyer may subsequently register this contract in the real estate registry as a real right over the property.

However, it is important to note that ownership through a final sale contract in informal areas or state-owned land is considered one of the weakest forms of legal guarantees, especially if the land on which the property is built belongs to the state. Therefore, extreme caution must be exercised when dealing with such cases.

Transition to Full Ownership

If the buyer wishes to convert the fractional share into full ownership, they may need to resort to the courts by filing a lawsuit to confirm the sale before the competent court.

This step is necessary when the property is not officially subdivided or when a direct transaction cannot be completed in the real estate registry due to the legal status of the property.

Resorting to the Judiciary – Ownership by Court Judgment

When disputes arise regarding ownership, or when the source of possession is unclear, resorting to the judiciary becomes the best solution to secure the transaction and confirm rights.

Ownership based on a court judgment means that the property has not yet been registered in the real estate registry but ownership has been confirmed through a final judicial decision.

This type of ownership has several characteristics:

• It is stronger than an ordinary contract in terms of legal power.
• It can later be converted into a Green Title Deed (Tabo Akhdar) by executing the judgment in the real estate registry.
• It requires careful legal verification before purchase.

Parties typically resort to this method when:

• The property is not registered in the real estate registry.
• It is impossible to complete the ownership transfer through normal procedures.
• A dispute exists between the buyer and the seller.
• The parties wish to formally document the sale through the judiciary.

Placing Legal Annotations on the Property Record

A legal annotation on the property record serves as a formal notice to third parties regarding a specific legal status affecting the property.

Common types of annotations include:

Importance of Legal Annotations

According to Article 9 of Decision No. 188 of 1926, real estate lawsuits related to a registered property must be recorded on the property’s record. Real rights and legal claims are not considered valid against third parties unless they are registered in the real estate registry.

Therefore, the presence of such annotations is sufficient to alert anyone dealing with the property to the potential legal consequences associated with it.

Conducting Technical Inspections and Expert Evaluations

In cases of disputes or when it is necessary to determine the value or exact condition of a property, the court may order a technical inspection or expert evaluation carried out by an appointed expert.

This inspection aims to:

• Verify the actual location and boundaries of the property.
• Confirm the existence of buildings and structures on the ground.
• Estimate the true market value of the property.
• Ensure that the physical condition of the property matches the official records.

Challenges of Building on State-Owned Land in Syria

Real estate built on state-owned land in Syria currently faces several challenges:

• Spread of Unlicensed Construction: During the years of the Syrian revolution, many people built on state land due to the lack of alternative land, particularly in mountainous areas suitable for construction.
• Attempts to Regulate the Situation: The current government is working to limit informal construction on state land while studying the possibility of legalizing some buildings and removing others.
• Lack of Urban Planning: Many informal residential areas lack official urban planning schemes, which complicates legal solutions.
• Risk of Demolition: Properties built on state land remain subject to demolition or expropriation at any time unless their status is legalized according to applicable laws.

Imtilak Real Estate: The Best Real Estate Consultant in Syria

Imtilak Real Estate is considered one of the leading advisory firms in the Syrian real estate sector, offering extensive expertise and integrated services to help clients make safe and well-informed investment decisions.

The Imtilak team carefully studies all aspects related to the property before completing a purchase, starting with verifying the legal status of the property, the validity of ownership, and ensuring that it is free of any legal disputes or restrictions. The company also evaluates the investment feasibility of the property, its location, and its future potential.

This approach ensures that investors and buyers protect their rights and avoid potential risks in the real estate market. Thanks to its deep knowledge of Syrian real estate laws and regulations, Imtilak Real Estate provides reliable consultation and accompanies clients through every step of the purchasing process.

If you are considering buying property in Syria and are looking for trusted professional advice, we invite you to contact the Imtilak Real Estate team for the appropriate support and guidance.