Law 23 To 2015 Planning Law And Imran Cities

Original Language Title: القانون 23 لعام 2015 قانون التخطيط وعمران المدن

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Law 23 to 2015 planning law and Imran cities President on the Constitution, approved by Parliament at its meeting on 11-02-1437 Hijri 02-12-2015 a.d., issued: preliminary title definitions article 1 wording means this law explained beside each: ·        Ministry: Ministry of housing and urban development.

·        Minister: Minister of housing and urban development.

·        Administrative authority: updated administrative unit under the local Administration Act.

·        Council: the Council of the administrative unit.

·        Office: Executive Office in the administrative unit.

·        Head of the administrative body: Executive Office Chair in administrative unit.

·        Area: total real estate and real estate-specific parts and liberated to be divided or reorganized.

·        Split: all land regulatory exchanges hash by their owners to erect buildings and public facilities.

·        Regulation: all plots of land regulatory fragmentation by the administrative authority to establish public buildings and facilities to implement part or all of the certification organization chart.

·        Exchanges: pieces that are caused by land or regulated.

·        The building: includes all administrative and public authority centres, schools, colleges and public universities, departments, police stations and hospitals and health centers, clinics and fire stations and temples, mosques, churches, public libraries, cultural centres and places intended for public monuments, sports, social welfare institutions, cemeteries and the like.

·        Housing exchanges: exchanges devoted to praise Warners buildings demolition and income, and constructed by the competent public authorities and administrative unit housing and the housing cooperative sector and deduct the free territory under the Division or organization.

·        Special services: exchanges of plots devoted to service buildings and sold to the private sector and Chad kiss.

·        Box: a bank account is opened to the public by the State for the administrative unit concerned and its deposit funds of the regulatory area and pulls it the costs of implementing the regulation in the area of organizational Setup files, compensation and other administrative expenses and drag by the head of the administrative unit and its accountant together and should be at the end of the final lots total implementation is equal to the sum of the property values and full rights within the area and cost and not worth the overhead and burden required for the delivery of public utilities to Updated switched.

·        General organizational chart: a chart that illustrates the vision for and expansion of the population mired in all of this is done by defining physical boundaries and major roads and land uses including urban alogaeb platform in keeping with established zoning and planning program.

·        Detailed organization chart: chart which outlines the details of the main and subsidiary roads and parking lots and pedestrian walkways and public spaces and urban land details and construction system by use of her Decree incompatible with General organizational chart and wegaaebh methods.

Article 2 building plot is formatted as General and organizational chart organizational chart detailed organizational charts of all certification following one of two methods: Division by the owner. B the Organization of administrative body before.

Article 3 if found within the approved regulatory schemes collective building irregularities areas entitled to administrative decision from the Board of the Executive Office of the provincial Council: 1. the application of the provisions of this law.

2. application of the provisions of the real estate development and investment law number 15 of 2008, as amended by agreement between the developer and the owners or between the developer and the management side.

3. application of the provisions of the law of eminent domain in force to implement organizational chart of this area in keeping with the provisions of paragraph 2 of article 15 of the Constitution.

Article 4 a.       Deduct administrative units free for what would have been the landlord of the moral and material benefit as a result of entering his estate or area partition and what will be dedicated to securing basic services for the area of roads, yards and gardens and parking and building housing exchanges and public and private services and exchanges would have high purchasing value of the property. And for every deduction that only 40 percent of the area outside the cities of provincial centres in the cities of provincial centres, the amount does not exceed 50%. B If the percentage deducted from space specified in paragraph (a) the administrative side former pay for extra space according to the estimated true value by primitive Commission referred to in article 21 of this law after acquiring their peremptory class. C above says what severed for public benefit within the ratios mentioned in paragraph (a). D the building plots to collect stakeholders of an administrative nature.

Article 5 regulation applies in the following cases: areas affected by natural disasters of earthquakes and floods or damaged as a result of wars and fires. B-1.   Urban areas that have caused the overall organizational chart of provincial centres after 11-12-2000 is the effective date of the law No 26/2000 ".

2. the regions public regulatory schemes for countries and cities after the effective date of this Act. C the administrative body areas you want to implement the General and detailed organizational chart.

Article 6 a.       On the administrative side, within six months from the date this law determine areas that regulated the regulatory scheme applies in accordance with the provisions of article 5 certification and special chart true Damascus governorate by a resolution of the provincial Council at the suggestion of the Office and other administrative units by decision of the Executive Office of the provincial Council at the suggestion of the Board.

B the administrative side declares these areas. after ratification by declaring my assets in your ads in one capital and a local newspaper to find real estate numbers area includes regulated and may increase in advertising in audio and Visual means and websites.

Article 7 the Council may apply the provisions of this law on existing regulatory areas with effective date and which has not been issued by decision of the Commission for final distribution.

The first door partition proceedings Article 8a.       On the administrative side, at the beginning of each year according to plans in the implementation of the certification scheme setting regulatory scheme identifies areas where the initiative owner must divide his land owned watershed designed to build on these areas outside the areas where specific regulation applies to article 5 and announce the scheme in accordance with the provisions of article 6 of this law. B the owner owned land within the areas specified in the preceding paragraph watershed during a period not exceeding three years from the date of the Board's decision to select the areas referred to in the preceding paragraph. The Council may apply a regulation on non-partitioned after the said period without prejudice to the acquired rights of the owner who split his land during the period specified. C the owner may lead to the Division of land owned by and located within areas which partition and if this is not defined within the administrative unit plans under the preceding paragraph. D the owner who wishes to apply to the Division of the administrative authority to approve zoning and zoning request may be submitted by the owners of three quarters of the property to be assessed in accordance with the provisions of article 784 of civil law provided that the rest of the owners legally attached to the communiqué contains the following documents: 1. documents of title and include the following: documents of ownership issued by the land registry. B approval of the owners of rights in rem and personal blog on real estate property sheets that make up the ground that agreeing to partition and served their signal or moved to the PBX or more exchanges that result from the Division in proportion to these rights.

2. partitioning schemes should be matched to the General organizational chart and detailed regulatory schemes and building block system which limits updated lots indicating certification numbers and organizational qualities and limitations of particulars of streets to be set.

3. audit fee receipt identifies this drawing by the Board annually on every square metre of the area you want to break and believes of the Executive Office of the provincial Council.

Article 9 a.       Put the Administration in conjunction with water, electricity, telephones and sewage companies revealed an estimate of costs and burdens for the delivery of public utilities roads and sidewalks, drainage, water and electricity to the partition map with marked lots breakdown affects all PBX. B the estimated overhead and burden is on every PBX serves as Dean of this administrative body divided interest and placed a sign under my insurance that amounted to his newspaper when recording in real estate circles excretion. C payment overhead and burden required for the delivery of utilities as follows: 1.50% of her pay when the decision of the distribution Committee organizational areas or when the decision to approve the Division.

2. remaining 50% paid license. D-chunked transfer may not unless it burdens and expenses have been paid in full. . If the amounts levied on expenditure and actual burden public utilities are to must and if it meets decreased the difference according to the law of collecting public funds.

Article 10 a.       The Administration will request the Division and report the result to the stakeholders within a maximum period of 60 days from the date of submission if the expiry and non action counting application empowers stakeholders submitted to the Executive Office of the provincial Council for decision. B the request for Division is approved by a resolution of the Executive Office of the provincial Council at the suggestion of the Office or of the stakeholders who count request acceptable within a maximum period of 60 days from the date of submission. C real circuits refrains. record any partition not accompanied by consent as described in paragraph (b) of this article.

Article 11 whoever divided his land into organizational chart unlike certification provisions of this law, the penalties prescribed in the Act of building violations in force and applied higher penalties provided for in the laws of buildings are built on the estate, contrary to the provisions of this law partitioned due demolition.

Title II regulation chapter I organizational areas events article 12 1.    Speaking area by Decree.

2. prepare draft decree events area and lifts within the binders containing the following: reasons for the Decree. Bureau decision. the proposal to approve the events area. C a general regulatory scheme. scale 1/2000 indicating it platform for urban alogaeb and within the region. Dr areal outline shows the current status of the area organized according to technical conditions book for this purpose approved by the Directorate of real estate interests. . Divisive scheme set up by the appropriate scale management placed under existing technical conditions and book depends by the Directorate of real estate interests to have this chart corresponds to the General and detailed organizational chart and construction officer system and showing him within the region and within the updated switched numbers and organizational qualities and particulars of the seminal Street borders or modify events, locations and boundaries of the squares and parks, the building housing plots and public and private services exchanges in accordance with the organizational chart. And, the latest satellite image taken of the area.

Article 13 the Decree published in the Official Gazette and zone events in one capital and one of the local newspapers and the General media can be used video and audio.

Article 14 comprise the property within the area the property common to all rights holders in their respective quotas equivalent to the estimated value of the respective property or the right kind.

Article 15

A property or entry may not part property already had undergone reorganization or acquisition or split by region or by decree upon proposal of the administrative side of her relationship. B the following transactions prevents real estate in the area until the end of the regulation: 1. excretion.

2. consolidation.

3. license grant.

Article 16 a.       Exclude areas of collective offences issued a decree as events in accordance with the provisions of this law, the provisions of regulation 3, paragraph (b) of article 15 building permits may be granted to certain exchanges updated area according to the subdivision schemes that have total equity shares of the applicant area apportionment to licensed plus free space divider infects stipulated in article 4 of this law and meet the financial security to meet expenses and charges for facilities to service the area assessed by the administrative authority. B in case of the buildings in the area and felt the Administration maintained through regulation, must meet the requirement of owner's equity total shares contained in paragraph (a) above and in the absence of this space is to apply the provisions of article 38 of this law, the existing PBX are distributed on the construction of the building owner and enters the building owner's rights and value estimated by compulsory distribution Committee the same value entered.

Article 17a.       Deduct free administrative authority in accordance with the provisions of article 4 of this law all the land required for the implementation of roads, squares and gardens, parking and the building housing plots and public and private services exchanges in accordance with the General and detailed organizational chart of ratifications. B the building characteristics may change to other general building except custom lots to build schools and houses of worship and sites devoted to gardening.

Article 18 a.       If for some reason the area events contained in article 5 of this law on the administrative side, within 30 days of the issuance of a decree to invite area events announcement published in a local newspaper in the capital newspapers that I found on the website of the Ministry and declare his image in each of the administrative side lobby and public areas where owners of real estate area and rights holders in kind and real estate newspaper taped personal to declare their rights on these and all of the related real estate area originality or guardianship or An agency may apply to the competent administrative authority to request within 30 days from the date referred to therein the chosen residence within the area administrative body attached to the documents and the documents supporting his or her picture in the absence that mentions his websites, limits and quotas and the rightful and legal type of property or rights. B.-holders in the region's relatives to the fourth degree or official agencies to others certified assets do duties and exercise of the rights provided for in the previous paragraph on behalf of their owners.

Article 19 the Administration requests within 10 days of the date of registration Decree events area office administrative unit of Directorate of real estate interests in the province or of the provisional register and the General authorities Act set a table property records the names of property owners and all persons having rights in rem and real personality on the property and the amount of each share with a statement detailing and types and other rights and legitimate references these properties and real estate interests and Directorate mentioned administrative party request response In hard copy and digital during a maximum period of three months.

Chapter two primitive article 20 Commission comprising the administrative authority within thirty days from the date of Decree of the events area Committee or more inventories of existing properties in the area and as detailed a number of fighting Organization building and trees and other plants and its use of aerial photos are attached to leaf area for events based on the work of other committees.

Article 21 a.       Estimated value of land and buildings and structures, trees and crops by a Committee formed by the Minister of Justice upon the request by the Administration during the period of thirty days from the date of the Decree of the events of the region. B the Committee constitute: 1. judge of appeal designated by the Minister of Justice Counsellor head 2.    Two experts in real estate evaluation designated by conservative members of the 3.    Two experts in real estate evaluation are owners and rights holders in the area two 4.    The composition of the Commission decision determines the time period to complete its work in accordance with its size may not exceed six months from the date of completion of the work of the committees contained in article 20 of this law.

Article 22 a.       Expert real estate owners are elected at the invitation of the administrative side of owners and rights holders voting is most true sounds of PHP advocacy and advocacy determines the place and time of the election. B If you don't meet the Realtors to organize advocacy to elect their representatives in the Committee of Chief value civil court appointed experts referred to the owners.

Article 23 a.       The Commission should take into account in assessing land value estimate should be equal to the real value of the property before the date of the Decree of the events area and fall from every account comes to price regulation or trade speculation if this height value is not justified by a similar rise in surrounding areas taking into consideration when estimating the value of the following: 1. in the administrative unit "city-town-municipality".

2. location of the land and buildings and structures within the organizational chart and its proximity to the center of the administrative unit and connected to the landscape and the availability of public facilities and organizational capacity building block system and planting trees and other accessories for outsourcing Commission of appropriate experts in evaluation and estimate the value if necessary. B the Committee its report raises to the administrative body.

Article 24 a.       The Chairman and members of the required time of conservative but none of them is nearly or affinity to the fourth degree or any legal or financial interest or link with rights holders fall under the provisions of the code and its amendments. B the Committee members sworn leads from in front of the Chairman of the Committee before commencing their work: "I swear by Almighty God to do my job with honesty and sincerity.

C legal Committee meetings are in the presence of President and three members and its decisions are taken unanimously or by majority. Committee decisions are concluded. d If you don't stab within thirty days from the date of announcement of the evaluation.

Section 25A.       The administrative authority shall within fifteen days from the date of completion of the work of the Committee provided for in article 21 of this law to notify owners and rights holders with estimated values of their property or their rights and declare at the same time in the lobby of the Administration and in the local paper that found in absence on one end of the capital appreciation and invite owners and rights holders to come to the place determined by the administrative entity for the portfolio of management and valuation. B the Civil Court of appeals jurisdiction. conservative disposition in study room located on Appeals Committee decisions and doesn't stop the appeal procedures for implementation of the regulation and decision of the Court of appeal.

Article 26 a.  Worth the actual concern the tenant in accordance with the provisions of paragraph (c) of article 1 of the law number 20 for 2015 equity share equivalent to 40% of the value of speculative housing concern Launcher part and 40 percent commercial concern and a Committee to resolve differences and doesn't deserve either of them alternative accommodation. B If the organization included agricultural land resulting rights for peasant or farmer or participation allowance is the contract between the parties fully or partially revoked by regulation coverage of all or part of it and pay the right holder damages it's mentioned provided for in applicable agricultural relations act and its amendments and determine the proportion of land value within the organization. C deduct compensation referred to in paragraph (b) of this article of the assessed value of his entitlement in accordance with the provisions of article 21 of this law and Fund acted before handing the floor triggered.

Article 27 of the owner shall be entitled to rights holders within thirty days from the day following the date of publication of the Declaration to make claim of ownership or other rights to any alleged property or more separate request area real estate filed disputes Committee communiqué problem under article 28 of this law.

Chapter III article 28 dispute resolution Committee.  The administrative body formed by the Minister of Justice, within thirty days from the date of expiry of the time limit for submitting claims ownership Committee has jurisdiction to consider all objections and claim ownership or real estate disputes in kind and personal real estate within the region and referred to all similar cases by region list pending before the courts by virtue of the contract as follows: 1. don't say judge his degree Advisor designated by the Minister of Justice Chairperson 2. A representative of the Directorate of real estate interests in the province of a Bachelor. A member of 3. Representative for the administrative side of Bachelor he calls her boss. A member of b.  The Committee members will lead right from in front of the President of the Commission: "I swear by Almighty God to do my job with honesty and sincerity.

Article 29 Committee for adjudicating claims or disputes submitted or referred to all the powers enjoyed by the competent court originally given in the dispute.

Article 30 a.       Committee decisions are subject to appeal before the Court of appeal in the province in accordance with the deadlines and procedures in the interim relief judge appeals court decides in a room studying an appeal against the decision and keep the victim who was not a party to the dispute before the Commission that claims to harm compensation injury before the ordinary courts. The Committee's decisions are implemented. not contested within the legal deadline, the decision of the Court of appeal in civilian public authorities as follows: 1. as a book by the President of the Commission to the competent authority a decision facility after fulfilling the prescribed fee on judicial insurance law to implement the provisions.

2. in the book of the President of the Court of appeal attached to the copy of the Court's decision after fulfilling the legal fees.

Article 13 the Commission shall be exempt from compliance with established deadlines and assets in law and have to decide disputes submitted to them within the period specified by a decision formed in accordance with its size may not exceed six months from the date of the decision.

Chapter IV compulsory distribution Committee article 32.       Personality is to replace all the owners and rights holders. B the administrative authority representing personality and exercise powers that ensure their area Kings filter after deducting its expenses and other fees and taxes. C. Article 9 of the law on the areas of regulation.

Article 33 the following tables organizing administrative authority within thirty days from the date of the decision of the Committee resolve differences as the basis for compulsory distribution process: a maturity schedule holders for each property from real estate area includes the ID and name of the entitlement-CZ-share of the property-share of the value of the property or the right kind. B the names alphabetical schedule holders include the value of their respective rights in the region.

Article 34 expiring regulation in the area of distribution of property holders according to their shares.

Article 35. compulsory distribution by a Committee formed by the Minister of Justice upon the request by the administrative body as follows: 1. Judge Counsellor designated by the Minister of Justice Chairperson 2.  Real estate valuation experts designated by the conservative members of the 3.  Real estate valuation experts representing owners and rights holders in the region as members. B the provisions of article 22 of this law, representatives of the owners and rights holders in the region.

Article 36 on compulsory distribution Committee before its initiation, to guess the value of each specific area of PBX exchanges taxonomic cameramen and so lack or total values of full values switched real estate zone distribution Commission guessed rights to modify the right of rights holders by this deficiency or excess.

Article 37 compulsory distribution Committee should seek if possible to give all of his stake holders in the old estate site or close to it and have a right to be allocated to each divided or multiple plots drawn his share and can be allocated to a number of rights holders is divided into one owned allot that determines the amount of common share for each of them.

Article 38

If different value splitter or custom operators are right about how much its forced distribution Committee determines the amount of cash that must be performed and how much they received, in case the allowance is decrease due immediately if the debtor gave out by the Administration, keep his share subject until the fulfillment of legal interest with disclosure.

Article 39 a forced distribution project Committee organized and communicate to the administrative authority invites stakeholders to review it by proclamation published in a local newspaper. When not in one of the capital's newspapers and on billboards of the administrative authority and its website. B for each relevant within thirty days from the date of publication to make observations on draft written before distribution to the Chairman by the administrative authority. C when the deadline in the previous paragraph the Commission shall meet and study notes and render their decision in the final distribution of watershed area to rights owners. The Committee decision is subject. final distribution to appeal to the Court of appeal in the province in 30 days starting from the day following the date announced in the notice board. . Appeal court room studying the decision to contract.

Article 40 a. on the administrative side, after acquiring compulsory distribution Committee resolution deterministic class real estate services informed within fifteen days to title registration transactions. B check real estate services on registration of ownership transactions within a period specified by the Director of real estate interests no later than one year from the date of registration of a file on her.

Article 41 if found competent real estate services while checking errors are prevented from registering the property administrative authority to transmit the observations of the Chambers forced distribution Committee to correct these errors and debugging be completed Committee referred to during a period of 30 days from the date of the invitation to the meeting.

Chapter v final provisions article 42 administrative authority may lay hands on public property and updated lots in the area designated for the building housing plots and public and private services exchanges deducted for free under article 4 of this law after the completion of buildings-free estimate.

Article 43 the rights in rem such as mortgages on the property before undergoing regulation move into real estate and shares and entitlements that replaced the original right or property.

Article 44 of the administrative authority to allocate each of the committees provided for in this law or more decisions without the right to vote his secure data and information you need and free fighting, organization and follow up meetings and place at the disposal of all commissions you need from documents, documents, information and expertise.

Article 45 conservative right at the suggestion of the Office making decisions to resolve issues that have not provided for by this law and to take all necessary measures consistent with its provisions and powers set forth in the law on local administration.

Article 46 a.  Allows for the management of the region's credit amounts that need to be completed to recover these advances when liquidity in the trunk area. B to update the Administration advances from rights holders to competent public authorities account for the expenses of roads and squares and sidewalks, parks, water, electricity, drainage and telephone. This is the predecessor of percentages provided for in article 9. C the administrative costs of implementing Act regulation including business studies and additional commissions and compensation fund for the region.

Article 47 being appreciated property values in the area based on leaving the rubble of owners and to demolish and posted at the expense of the area after the deadline set by the Administration for owners to take their ruins.

Article 48 the administrative side is committed to deliver turnkey occupancy-free lands to their owners "except of plots provided for paragraph (b) of article 16 of this law within a maximum period of ninety days after the date of obtaining building permits and for the Administration to resort to administrative eviction after this deadline eviction is an executive administrative support implemented through judicial execution Chambers.

Article 49. exempt property within the area of cadastral registration fee. Distressed properties are exempt. b due to natural disasters or wars of finance charges and local costs and other fees.

Article 50 get money financial law area.

Article 51 only violators who built above the territory of public or private owners or buyers of them taking the ruins of buildings and not entitled to just that and not enter the value of these buildings and violating facilities at the expense of the rights of owners and the Bureau may allocate to alternative accommodation of the available surplus.

Article 52 Commission is competent to resolve differences determine issues arising from rental or agricultural relations and building violations and violations on private property in the region in accordance with the provisions of this law.

Article 53 is Minister of justice committees provided for in this law in coordination with the Governor and the competent administrative judges nominated is ongoing in these committees cast to accomplish their tasks during the periods specified in this law and operational instructions.

Article 54 a. excludes compensation committees members under the provisions of this law and workers ' compensation based on application of the limits laid down in the State employment statute and amendments if completed their work within the deadlines for completion of this law and operational instructions or decision. Minister of local administration. in coordination with the Ministers of housing and urban development and justice a resolution on compensation to members of commissions and working on the implementation of this law and the compensation paid from the Fund in the region.

Article 55 construction irregularities is not after the date of the Decree of the events of the region and are not included in calculating valuation.

Article 56 the Minister shall issue regulations to implement the provisions of this law.

Article 57.  Eliminates work following texts as of the date of entry into force of this law: 1. law number 9 of 1974 and its amendments.

2. Act No 60 of 1979 and modified by law number 26 of 2000. B exempt from the provisions of paragraph (a) above: 1. the land instrument its possession in accordance with the provisions of law No 60 of 1979 and modified by law number 26 of 2000.

2. the land instrument where regulatory region events in accordance with the provisions of law No 9 of 1974 and its amendments, taking into account the provisions of article 7 of this law.

3. the provisions of this law on existing regulatory areas with effective date, without prejudice to the legal positions gained under laws abolished.

4. take account in the application of this law, the provisions of Legislative Decree No 40 on 20-05-2012. 

Article 58 this law shall be published in the Official Gazette.

Damascus on 26-02-1437 Hijri, 08-12-2015 ad.

President Bashar Al-Assad