Urban Housing and the Question of Property Rights in Syria

About

This report was originally produced as a chapter of the State of Syrian Cities 2016–2017 Report, a project funded by the European Union.

This publication is a pre-LUGARIT work by our experts.

Summary

This report examines the complex and overlapping traditional land tenure systems in Syria, highlighting their evolution and impact on urban housing and property rights. Rapid rural-to-urban migration in the late 20th century, driven by demand for housing in cities, led to the emergence of informal settlements, especially in peri-urban areas. These informal zones grew significantly, contributing to the housing stock but also to socio-economic disparities and legal ambiguities in property rights.

The conflict in Syria, beginning in 2011, further complicated these issues. Early conflicts occurred at the urban-rural interface, where housing, land, and property (HLP) rights were a major factor. The government initially ignored informal settlements but later sought to address them amidst the ongoing conflict. The damage to housing in conflict areas was extensive, estimated at over 30% of the pre-war value.

Post-conflict, many government voices advocated redeveloping destroyed peri-urban areas for profit, often at the expense of displaced residents with weak property rights. Additionally, demographic changes due to the conflict, including forced displacements, have made HLP issues a critical aspect of the peace-building process.

The report also highlights several key concerns for addressing HLP issues in Syria:

Pre-conflict grievances need to be addressed alongside those that arose during the conflict.
The absence of a reliable judiciary and the need for an independent judicial framework.
Bias towards formal HLP documentation, which overlooks non-cadastral property rights.
The failure of supply-side economics to resolve Syria's housing crisis.
Issues of criminality, fraud, displacement for real estate projects, and ethnic or sectarian displacement.

For effective intervention, the report suggests focusing on:

Ensuring HLP rights are central to any political agreement.
Integrating para-legal institutions into the dispute resolution system.
Prioritizing local reconciliation efforts in urban areas.
Focusing on demand-side solutions for housing reconstruction, including support for women who increasingly head households, and addressing legal biases against them in inheritance laws.