Syrian parliament discusses repealing border property law

The Syrian parliament discussed Law No. 41 of 2004 on Sunday during the first session of the first regular session of the first legislative term. The law governs the designation of border areas and the regulation of transactions involving real estate located within them. Calls have been made to repeal the law and its subsequent amendments, which imposed restrictions on property ownership and registration, particularly in Kurdish areas of Hasakah, Kobani and Afrin.

The law stipulates that the creation, transfer, amendment or acquisition of real property rights in border areas, as well as the occupation of properties through rental or investment for periods exceeding three years, is prohibited without prior authorization. It also provides that these areas are to be designated by decree based on a proposal from the Ministry of Defense. Authorization requires a decision by the Minister of Interior, based on a proposal from the Ministry of Agriculture and Agrarian Reform and with the approval of the Ministry of Defense.

Legislative Decree No. 49 of 2008 tightened restrictions on real estate by extending them to properties both inside and outside approved zoning plans. It prohibited the registration of lawsuits seeking to establish property rights or record notices of such rights unless accompanied by the required authorization. The implementation of real estate judgments and decisions was also made conditional on obtaining approval, effectively obstructing property transactions and ownership procedures in areas covered by the law. In 2011, Legislative Decree No. 43 amended certain provisions, exempting land within approved zoning plans from some of these restrictions.

The areas affected by the law include several Syrian border regions, including Hasakah Governorate and Kurdish areas in Kobani and Afrin. According to points raised during the parliamentary discussions, residents faced difficulties registering, selling and transferring ownership of their properties due to security clearance requirements. This prompted calls to lift the restrictions and ensure equal property rights for all citizens across Syria.

The debate also addressed a proposal signed by 22 members calling for the law’s repeal, as part of efforts to address its impact and facilitate real estate transactions while ensuring that citizens are not discriminated against based on their region. It was also noted that the issue of properties seized from Kurdish owners under the Arab Belt project is separate from Law No. 41 and requires an independent legislative solution.

The parliamentary session continues today for its second day.