Surface rights in Syria: Can the owner of the building differ from the owner of the land?

By default, land ownership is linked to the buildings and structures on it. But is it possible in some cases for the land to be owned by one person while the building on it is owned by someone else? This is where the concept of surface right in Syria appears, which is one of the real estate rights regulated by Syrian law for cases where the ownership of buildings, structures, or plantations is separate from the ownership of the land on which they are built. So, what is the nature of this right? How does it differ from apartment ownership and co-ownership?

What is the surface right in Syria?

The Syrian Civil Code defines the surface right as the right of the owner in buildings, structures, or plantations existing on land owned by another person. This definition is found in Article 994 of the Civil Code, as well as previously in the Real Estate Ownership Law issued by Decree No. 3339 of 1930.

Simply put, the existence of this right leads to two independent ownerships: the first relates to the land and remains with its owner, and the second relates to the building, structure, or plantation for the holder of the surface right.

So, if the land is owned by person (A) while there are buildings on it owned by person (B) under a legally established surface right, the ownership of the land and the buildings are separate.

However, the existence of a building on land owned by another person does not automatically mean there is a surface right; it is necessary to verify the nature of the right, its legal basis, and what is registered in the land registry.

Does land ownership include the building constructed on it?

The general rule in Syrian law is that the building, plantation, or work established on land is presumed to have been erected at the expense of the landowner and belongs to them, unless proven otherwise. Moreover, the ownership of the property originally extends above and below the land within the limits related to its use.

Therefore, the difference between the landowner and the building owner is not the usual situation, but rather represents a special legal case that must be verified.

This is where the importance of the surface right lies; it represents an exception linked to the existence of independent ownership of the building or structure separate from the land on which it is built.

How does land ownership differ from building ownership in the surface right?

The surface right results in two independent ownerships, each with its own scope.

Therefore, the existence of a building on land owned by another person alone does not prove the existence of a surface right; the legal basis and official real estate data must be verified.

Can a new surface right be created in Syria?

Syrian law does not allow the creation of a new surface right. Article 997 of the Syrian Civil Code stipulates the continued prohibition of creating new surface rights, a prohibition previously established by the Real Estate Ownership Law issued by Decree No. 3339 of 1930.

Therefore, it is necessary to distinguish between existing surface rights recognized and regulated by law and the creation of a new surface right at present.

Accordingly, the surface right should not be understood as a means available today for any landowner to separate land ownership from new building ownership by special agreement, but rather as a legal status for existing rights within the cases recognized by the Syrian real estate system.

Is the surface right the same as owning an apartment within a building?

No, the two cases are legally different.

When owning an apartment or floor within a multi-owner building, a person owns their private section, usually associated with a share in the land and the common parts of the building, such as foundations, entrances, corridors, roofs, and elevators, unless the land registry shows otherwise.

In the surface right, the essence of the matter is the existence of ownership of buildings or structures separate from the ownership of the land on which they are built.

Therefore, understanding the types of real estate ownership in Syria helps distinguish between apartment and floor ownership and other forms of real estate rights, and not confuse them with the surface right.

What is the difference between the surface right and co-ownership?

The surface right and co-ownership are two different concepts.

In co-ownership, two or more persons own shares in the property or right itself without each person's share being independently demarcated.

In the surface right, the landowner and the building owner do not share ownership of the same thing; rather, each has independent ownership from the other. Therefore, the relationship between the landowner and the holder of the surface right is not considered co-ownership.

For more on cases of multiple owners and shared shares, refer to the guide on co-ownership in Syria.

How does the surface right appear in the land registry?

Real estate data is essential in determining the nature of rights related to the property, especially since real estate rights are linked to registration in the land registry under the Syrian system.

When dealing with a case where a surface right may exist, it is necessary to verify the data that specify the landowner, the registered right holder, the nature of this right, and any related restrictions or other data.

It is not possible to determine the existence of a surface right based solely on the physical reality, such as the presence of a building used or claimed by someone other than the landowner.

Understanding the difference between the title deed and the real estate record helps distinguish between the document held by the owner and the real estate record in which the rights and registered data on the property appear.

What happens to the surface right if the building is removed?

Syrian law clearly regulates this situation. According to Article 996 of the Civil Code, the surface right lapses if it is united with the other right in one person, and it also lapses with the demolition of the buildings or structures or the removal of the plantations upon which the right is based.

Syrian legal commentary also indicates that the holder of the surface right cannot rebuild the buildings or plantations after their removal in order to revive a surface right that has lapsed, and the scope of the right remains limited to what it originally covered.

This point confirms that the existing surface right is linked to the nature of the right and the buildings or structures it covers, and is not an open right to create new buildings on someone else's land.

What should be verified when land and building ownership are separate?

If documents or information show a difference between the landowner and the holder of the right related to the building, it is important to verify several points before making any legal conclusion:

• Who is the registered owner of the land?

• Who is the holder of the right related to the building or structure?

• What is the nature of the registered right?

• What does the real estate record show?

• Is the surface right still in effect?

• Are there any notations or restrictions related to the property?

• Do the available documents match the current real estate data?

When notations or entries appear in the record, learning about real estate notations in Syria helps understand the nature of what is registered and not assume its legal effect before determining its type and content.

Does the difference between land owner and building owner affect disposition of the property?

Dealing with this situation requires first determining the right each party holds, what is registered in the land registry, the scope of the right, and the related restrictions.

It is not possible to set a single rule for the possibility or impossibility of disposition in all cases, as the effect is determined according to the nature of the existing right, its legal status, and the registered data related to it.

For an existing surface right, Syrian legal references indicate the independence of the holder's ownership from the landowner's ownership, and each has rights within the scope of their ownership.

Discover available real estate options in Syria

Understanding the nature of ownership and the rights registered on the property helps form a clearer picture of its status when evaluating different options, especially in cases where more than one ownership or real estate right overlaps. You can browse properties for sale in Syria available with Imtilak Real Estate and compare options by location, type, area, and specifications, or contact the Imtilak team for more information about available properties and projects.