Property Law

Civil Code

• A significant portion of the Civil Code deals with property law matters including ownership, acquisition, conveyance, binding promises to sell property, possession, usufruct rights, collateral, etc.

• Article 790 of the Civil Code was reactivated by Law 1/2015, which tasks the Magistrate of the Peace and the Court of Appeal with considering requests from property owners to abandon their common ownership.

• During the short-lived 138-day rule of President Husni Zaim, essential pieces of legislation such as the Civil Code were produced and are still relevant to the present day.

Foreign Ownership Law

• A family from abroad may purchase a residence measuring a minimum size of 140 square meters.
• There is a two-year waiting period before a foreign owner may sell their property.
• Lessens restrictions on inheritance.

• This Law reduced a number of restrictions contained in Law 11/2008.
• Law 11/2008 had allowed a certain degree of foreign ownership over property after it overturned Legislative Decree 189/1952.

• With the changes in economic policy towards a social market economy taking place, this Law sought to promote the Syrian market as a potential base for local and foreign investors.

Landlord and Tenant Law

• Law 20/2015 seeks to put an end to manipulations of rents and other problems that have arisen between landlords and tenants.
• Maintains more or less the favourable provisions towards landlords as those provided for in the preceding Law 6/2001.
• The parties may set rental prices as they see fit
• The parties are still permitted to conclude fixed-term leases.
• Landlords and tenants are free to determine the conditions for rescission of leases.
• Further restrictions have been inserted into this Law that seek to protect tenants from undue pressure to vacate leased properties.
• Reference to evicting tenants under the previous law provided for in Legislative Decree 111/1952 by paying them 40% of the value of the leased property has been omitted.
• Readopts the rule that political parties and public entities can be evicted from private properties starting on January 1, 2018 as long as their landlords pay them 40% of the value of the leased premises.
• The registration of leases at the relevant municipal or administrative bodies can now be carried out by owners holding 75% of the shares in the leased property.
• In order to assign a commercial lease, the tenant must pay the landlord an amount equaling 10% of the property value in order to transfer the lease to a third party.

• Law 20/2015 replaces the previous Law 6/2001.
• Leases subject to previous laws- Legislative Decree 111/1952 and Law 6/2001- remain governed by them.
• As far as new leases are concerned, Legislative Decree 111/1952, which was considered more favourable towards tenants, is no longer applicable and neither is Law 6/2001.

• This Law was enacted against the backdrop of internal conflict in Syria, which was having wide repercussions on the property leasing sector.

Property Investment Law

• Both Syrian and foreign investors have the right to invest in the real estate sector.
• Real estate development zones are to be set up for this purpose.
• Companies may be licensed accordingly to carry out real estate projects.
• Incentives include tax exemptions.
• Import restrictions are reduced.
• Capital and profits may be exchanged into a convertible currency and transferred abroad.
• Establishes the General Commission for Real Estate Development and Investment to oversee this sector.

• With the changes in economic policy towards a social market economy taking place, this Law sought to promote the Syrian market as a potential base for local and foreign investors.

Land-Use Planning Law

• Applies to areas designated for land-use planning purposes by the various local administration authorities throughout Syria.
• Regulates the construction and sale of real estate units.
• Time limits are put in place for the licensing and construction of projects.
• Sanctions off-plan sales of property units.

• Repeals Law 14/1974.

• With the changes in economic policy towards a social market economy taking place, this law sought to promote the Syrian market as a potential base for local and foreign investors.

Land Reform Law

• Places limitations on the ownership of land so that any excess land owned by an individual is expropriated by the state.
• Land is redistributed accordingly to the peasantry.

• Law 161/1958 has been subject to numerous amendments, particularly by Legislative Decrees 88/1963 and 31/1980.
• Legislative Decree 31/1980 contains the latest revisions to Law 161/1958.
• The Baath Party issued Decision 83/2000, which was implemented through the government, and calls for the redistribution of state farms.

• The land reform process was one of the most significant policies carried out by President Gamal Abdel-Nasser who advocated socialist measures in Syria in order to win support among the peasantry and undermine the landed aristocracy at the time who challenged his rule.
• With socialism taking a grip over Syria in the 1960s, the ruling Baath Party also pushed forward with land reform.

Agricultural Relations Law

• Regulates investments in farmland by both landowners and farmers.
• Reduces the level of protection that the peasantry had hitherto enjoyed in order to encourage private investments.
• Lays down rules governing the contractual process.
• Outlines contractual structures for share-cropping.

• Repeals Law 134/1958, which was passed as part of President Gamal Abdel-Nasser’s land reform package.
• Law 134/1958 sought to reduce the power wielded by wealthy landowners in favour of the peasantry.

• This Law was enacted during the time Syria began to gradually liberalize its economy but not before plans for a social market economy were officially announced.