Temporary Property Title Deed in Syrian Law: How to Obtain It, Its Fees, and How to Convert It into a Permanent Title

The real estate registration system in Syria aims to regulate property transactions and protect individual rights. Alongside the permanent real estate registry system—commonly known as the “Green Taboo” (permanent title deed)—there exists a parallel system that has gained increasing importance amid urban expansion and the spread of large-scale housing projects: the Temporary Title Deed system, also known as the Temporary Registry.

This system serves as a link between actual possession of a property and its final registration with the Real Estate Directorate. It represents a legal safeguard for those who own properties in areas where comprehensive cadastral surveying and final settlement procedures have not yet been completed.

In this comprehensive guide by Imtilak Real Estate, we provide a detailed explanation of the Temporary Title Deed in Syrian law, including how to obtain it, the associated fees, and the process of converting it into a permanent title deed.

Temporary Title Deed: Definition, Origin, and Legal Basis

First: Linguistic and Legal Definition

A Temporary Title Deed is an official document issued by competent administrative authorities, proving the right of a person or entity to own a specific property on a temporary basis, pending completion of the procedures required for final registration in the permanent real estate registry.

From a legal perspective, it is an administrative instrument with temporary evidentiary value. It establishes a legal status for the owner vis-à-vis third parties and grants a set of rights and obligations related to the property until it is converted into a final title deed with absolute legal authority.

Second: Legal Basis and Issuing Authorities

The Temporary Title system is based on several laws, regulations, and administrative instructions, most notably the Administrative Organization Law and the regulations governing the work of the Public Establishment for Housing and housing cooperatives.

The entities legally authorized to issue Temporary Title Deeds vary depending on the nature of the property and the supervising authority, and include:

• Public Establishment for Housing: Issues temporary deeds for housing projects supervised by the state, particularly public and cooperative housing projects.
• Housing Cooperative Societies: Grant their members temporary deeds for housing units within the project until final subdivision plans are completed.
• Municipalities and Administrative Units: Issue temporary deeds for properties within their zoning boundaries that have not yet undergone final cadastral surveying or that have been recently organized.
• Technical Services Directorates: In certain cases, these directorates contribute to issuing property description documents that pave the way for obtaining a Temporary Title Deed.

Distinguishing the Temporary Title Deed from Other Legal Concepts

To avoid confusion, it is important to clearly distinguish between the Temporary Title Deed and other seemingly similar concepts:

Temporary Title Deed vs. Precautionary (Provisional) Registration

When purchasing property, it is essential to distinguish between a Temporary Title Deed and a precautionary (provisional) registration.

The Temporary Title Deed is a document proving ownership rights for a specific person, issued by an administrative authority and standing independently as proof.

In contrast, a precautionary or provisional registration is a legal measure recorded within the Real Estate Directorate, specifically on the property’s page in the permanent registry. It is not a proof of ownership but rather a notice indicating the existence of a real right, lawsuit, or seizure on the property.

Article 25 of Decision No. 188 of 1926 (still in force in Syria) allows such precautionary registration. Its duration ranges from 10 days in the case of optional precautionary registration to six months in the case of contractual precautionary registration, which may be extended for additional periods.

Thus, the Temporary Title Deed temporarily proves ownership, while a precautionary registration indicates a real right or dispute on a property already registered.

Types of Documents Related to Temporary Property Ownership and Conversion Procedures

Several documents fall under the umbrella of temporary ownership, most notably:

1. Temporary Title Deed (Temporary Taboo)

The most common type, granted to owners in real estate projects that have not yet completed final subdivision. It is the document used in buying and selling transactions until the Green Taboo is issued. It includes the owner’s details, a preliminary description of the property, approximate area, plot number, and zoning plan.

2. Property Description Document

A fundamental preliminary step toward issuing a final title deed. It precisely identifies the property after construction, based on approved zoning and engineering plans, specifying area, boundaries, dimensions, and location within the master plan.

3. Occupancy or Investment Certificate

In certain cases, especially in older or formerly informal settlements that have been regularized, administrative authorities issue occupancy or investment certificates proving possession for a specified period. These may later be converted into Temporary Title Deeds upon meeting the required conditions.

Mechanism for Converting a Temporary Title Deed into a Permanent Title

The process involves several stages:

1. Final Cadastral Survey Stage: Survey teams conduct an accurate on-site survey, matching the property to zoning plans and determining precise coordinates.
2. Subdivision Stage: The larger property is subdivided into independent real estate units (residential plots, floors, apartments), each assigned a separate registry number.
3. Real Estate Settlement Stage: Survey and subdivision reports are submitted to the Real Estate Directorate, which opens an independent registry page for each unit and registers the owner based on the Temporary Title Deed and supporting documents.
4. Final Issuance Stage: The Real Estate Directorate issues the permanent title deed (Green Taboo) in the owner’s name and delivers it upon retrieval and cancellation of the Temporary Title Deed.

Financial Aspects and Tax System for Temporarily Registered Properties

Temporarily registered properties are subject to a special financial and tax system aimed at gradually regularizing their status within the permanent taxation framework. Financial obligations include:

• Temporary Title Issuance Fees: Administrative fees collected by the issuing authority (municipality or housing cooperative).
• Subdivision and Survey Fees: Payments for technical services provided by surveying and technical departments.
• Annual Municipal Fees: Some municipalities impose annual fees on properties with Temporary Title Deeds as a temporary substitute for permanent property tax.

Law No. 17 of 2021

Law No. 17 of 2021 is the latest legislative framework regulating fees and taxes related to real estate registration in Syria. It directly affects properties with Temporary Title Deeds.

The law aims to establish unified standards for calculating fees for all real estate transactions, including converting Temporary Title Deeds into permanent ones, and updating fee categories to reflect actual property values.

It also provides an opportunity for owners of unregistered properties to regularize their status and pay due fees under updated schedules, encouraging the transition from temporary to permanent ownership.

Fees regulated under this law include sale registration fees, subdivision fees, drafting fees, and proportional fees based on property value upon transfer of ownership.

Therefore, anyone purchasing property with a Temporary Title Deed or seeking to convert it into a permanent title will be subject to the provisions of this law.

Practical Issues and Legal Advice

The Temporary Title Deed raises several legal and practical concerns, including:

• Multiple Issuing Authorities: Variations in documentation standards may lead to disputes regarding the validity of certain deeds.
• Double Sales: In rare cases, properties registered under Temporary Title Deeds may be sold to more than one buyer due to the absence of a centralized documentation system similar to the permanent registry.
• Delays in Survey and Subdivision: Administrative complexities or staff shortages may delay final registration for years.
• Bank Financing Challenges: Banks may hesitate to accept properties with Temporary Title Deeds as collateral due to legal uncertainty.

Practical Tips for Dealing with a Temporary Title Deed

If you intend to purchase or already own a property with a Temporary Title Deed, Imtilak Real Estate recommends the following:

• Ensure the deed is issued by a legally authorized official body (municipality, licensed housing cooperative, or Public Establishment for Housing).
• Visit the competent municipality to verify zoning plans and ensure the property is not located within disputed areas, state property, or future development lines.
• Review zoning and engineering plans to confirm consistency with the deed regarding area and boundaries.
• Inquire about total applicable fees (municipal, subdivision, registration) under Law No. 17 of 2021.
• Do not rely solely on the Temporary Title Deed; actively follow up on subdivision and final registration procedures.
• In case of ambiguity or dispute, consult a lawyer specialized in real estate law or a professional firm such as Imtilak Real Estate.

The Temporary Title Deed in Syrian law is an important legal instrument during transitional phases of property registration. It preserves rights, organizes relationships, and facilitates transactions. However, it is not an end in itself but a means toward the ultimate goal: permanent registration in the real estate registry.