Law 8 Of 2012, The Profession Of Real Estate Expert And Conditions For The Exercise Of The Profession

Original Language Title: القانون 8 لعام 2012 مهنة الخبير العقاري وشروط ممارسة هذه المهنة

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Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=16172&RID=-1&Last=10058&First=0&CurrentPage=3&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 8 of 2012

Profession real estate expert and conditions for the exercise of this profession



President

Based on the provisions of the Constitution and what was approved by the People's Assembly in its meeting of 22/03/1433 AH, corresponding to 02/15/2012 AD. Issued the following:

First chapter definitions

Article 1


The following words and expressions in the field of application of the provisions of this law have the meanings indicated next to each of them:

Minister: Minister of Finance
Authority: The authority overseeing the updated law 39 of 2009, as amended Mortgage.

Board: The board overseeing the management of the Mortgage Finance Authority.

Chairman of the Board: Chairman of the Board of Directors.

Expert assessment: Every natural person licensed by the Authority carries his name or for the account of a legal person and the responsibility of the profession of real estate assessment and determine the value of real estate of all kinds.

Degree: real estate expert assessment certificate issued by the Commission as a result of passing the certification exam in accordance with the provisions of this law.

Company Rating: civil or commercial company licensed by the Commission for the exercise of the profession of real estate valuation in accordance with the provisions of the applicable laws institution.

Evaluation criteria: evaluation criteria approved by the body.

Property value: the value determined by an expert assessment licensee assets to the value of the property according to the purpose of the evaluation process in accordance with the evaluation criteria.

Professional organization: the professional organization of real estate valuation experts.

License: practicing real estate assessment issued by the license.

Guessing: estimating the value of property based on a comparison with the prices in the market, according to sales and purchases made with due regard being imposed limits on the comparison of the market value of real estate the way by checking the price paid

Usually in the same real estate.

Expert assessment of internal real estate: the employee in the public or private institution which carries on mortgage guessing implementation institution for the purposes of which employs.
Chapter II

real estate appraisers license
Article 2


May not be the practice of the profession of real estate valuation expert stipulated in this law only to those who received a license from the Commission in accordance with the provisions of this law and restricts his name in the private real estate experts assessment established by the Commission record.
Article 3


A. Real estate appraisers Majazon classified into (Mkhmnin, residents, residents of two years).

B. The Council shall determine the terms thereof rating experts and issued a schedule nominally Ptsnifam.
Article 4


The Commission shall grant a license to practice the profession of real estate valuation of the natural persons who possess a certificate expert real estate assessment in accordance with the provisions of this Act who have completed the training conditions as the Commission license to companies valuation institution granted under the terms of Legislative Decree No. 29 of 2011, as amended, and these companies practice of property valuations provided that All partners licensed in accordance with the provisions of this law, according to the partners license categories.
Article 5


License period for an expert real estate assessment determines the full year, renewable for a condition the availability of continuous training conditions and the payment of annual allowance determined by the Commission.
Article 6


Expert assessment may be licensed in accordance with the provisions of this law, the establishment of Syrian companies evaluate the professional companies contribute
International
according to the following conditions:


A. The minimum contribution of international company as a body corporate 25 percent and no more than 49 percent of the capital.

B. To have the rest of the partners in the company of two assessment experts Syrians certified in accordance with the provisions of this law and that the duration of their experience more than three years after obtaining a license or after obtaining an internationally recognized certificate.

C. No evaluation experts Syrians may be represented by international companies it is Syrian or promotion or on behalf of the work or the use of trademarks or trade name.

D. It may be a Syrian professional partner in international company.

E. Sign a professional company licensed by the evaluation reports.
And
. No companies registered valuation may be in accordance with the provisions of this article is the use of the Syrians only after obtaining a work permit from the Ministry of Social Affairs and Labor.
Article 7


A. The right to convert the foreign partner's annual profits in addition to its share in equity when the liquidation of the company or pulling them out of Syria after the payment of taxes due on those profits.

B. The professional liquidation of the company or withdraw from it does not affect the professional responsibility for the work done during the presence of the international company.
Article
8

Deemed null and void every contract or document contrary to the provisions of the Memorandum of Association or the Statute of the professional company.
Chapter III

conditions apply for certification exam
Article 9


Requires applicant for certification exam availability of the following:

1. Be in possession of the nationality of the Syrian Arab Republic and equivalents.

2. It must enjoy full civil capacity and a resident in the territory of the Syrian Arab Republic.

3. It must have a university degree in economics or rights or in civil engineering or architecture and other disciplines which the Board believes it should be included.

4. Advanced age should not be less than 25 years on the announcement of the exam.

5. It should not be convicted of a felony or misdemeanor or breach of the Secretariat.

6. He must have spent after graduation for at least two years as a trainee at a real estate office or a resident professional company of Syria to assess the real estate assets registered in the record where the practitioners to work as an assistant to an expert evaluation.


Chapter IV of the admissions committee and oversee the exam
Article 10


Being real estate valuation expert testimony under the supervision of the Commission exam once at least a year.
Article 11


A. By resolution of the President of the Council of the Committee on Admissions and exam as follows:

1. Director General of the Commission president.

2. A representative of the General Organization for Housing to leave campaign in engineering vice president.

3. A representative of the General Authority for property development and investment.

4. A representative of the professional organization if the composition of the requirement to be university degree in one of the accepted terms of reference for the certification exam.

5. Engineering expert nominated by the Order of Engineers.

6. Legal expert nominated by the Bar Association.

7. Economic expert nominated by the Federation of Chambers of Commerce.

8. Financial expert works in accordance with international evaluation criteria designated by the Commission.

9. Appraiser of holders of university leave from working in the Directorate-General for the interests of real estate designated by the Ministry of Local Administration.


B. The Committee shall meet at the invitation of its President and issue its decisions by majority and in the event of a tie is likely part of the president.

C. Committee meetings are not considered legal only in the presence of two-thirds of members, including Chairman of the Committee or his deputy in his absence.

D. Determine the principles and rules of conduct exam decision of the Board on the proposal of the Commission.
Article 12


A. Committee assignments are ..

1. Propose the terms and rules of acceptance and supervision of the exam and propose decisions and submit them to the Board for approval.

2. Study applications for the exam to get a real estate expert evaluation and decide certificate.

3. Supervising the exam.

4. Raise the necessary draft resolution names of candidates to the Council for approval in assets.

B. It gives the admissions committee and exam reward for these acts determined by a decision of the Council.
Article 13


Commission shall specify a date for a test for all of the profession of real estate evaluation expert jury and enrolled at the Civil Courts of First Instance before the entry into force of this Act who meets the conditions set forth herein and available so for once and exempt from the training requirement.
Article 14


President of the Council shall issue a decision that includes successful in the examination and testing names and its decisions are final and unappealable, review and correct material misstatements decision from him.
Article 15


A. Successful score in this test and the test in the real estate appraisers record accredited body Kmjazan after their oath before the civil court of first instance.

B. Commission opens in a register of real estate appraisers licensed to write down the necessary information.
Article 16


Give an expert evaluation of real estate for those who successfully passed the exam or test conducted by the Commission and a certificate signed by the President of the Council.
Article 17


Reservation papers and records what you see all the admissions committee and the examination of the documents in the body.
Chapter V

practicing real estate valuation
Article 18


Real estate appraisers Majazon, licensees, subject to the terms contained in the practice of this law and regulatory decisions issued pursuant thereto.
Article
19

A. The mandate of the basic assessment of the value of real property real estate valuation expert for multiple purposes defined by regulatory decisions.

B. The real estate expert assessment mission at the behest of the linear Her relationship offers as a result of his work in the form of assessment report.

C. You may not use the report prepared by the expert only for the purposes for which the evaluation was for her.
Article 20


A. It may not be a real assessment of the personnel expert at the financial institution that funding or any point of the assessment report will be used in order to obtain financing.

B. The evaluator real estate that is characterized by neutrality toward property owners subject in charge of evaluation and toward the edges and do not have a personal interest, directly or indirectly, or nearly to the fourth degree between him and any of the parties that is the assessment of interest or commissioned them under pain of a request to disqualify an expert from the Commission at the request of the interested party within fifteen days from the date of his appointment.
Article 21



A. On real estate valuation expert must submit to the Commission a periodic report (semi-annual) for registered apprentices has and the extent of their commitment to the training conditions.

B. For the purpose of renewal of registration and license must rely on real estate valuation expert to enroll in training for a period of training at least 15 hours during the last three years in the field estimate values ​​or in any other topics the Committee considers necessary.

C. Authority conducting tests every three years to evaluate the performance of the expert for his work and the extent of its ability to absorb the real estate market variables.

D. The conditions for reporting and record-keeping by decision of the Board.
Article 22


Must hiring real estate assessment process in every financing guaranteed by real estate are in accordance with the provisions of the laws in force.
Article 23


Not for an expert assessment of internal real estate may do real guessing Foundation, which is working to have.
Article 24


No point of assigning a person to carry out the evaluation or guessing estate is real estate appraisers registered with the Commission may be.
Article 25


Real estate appraisers in all subject categories (natural persons or legal entities) for control of the body in the performance of their duties.
Article
26

A. The Authority shall issue a list of how to perform the evaluation work in terms of (the foundations of assessment, evaluation criteria, fees, routes and how to set up their own reports and models) and other conditions.

B. The National Commission standards for assessing mortgage rely for the purposes of financing and real estate investment and which are consistent with international standards.

C. The Authority shall, in cooperation with the Insurance Supervisory evaluation criteria for the purposes of the Insurance Commission.
Article 27


Can be dismissed valuation expert appointed to guess or evaluate the drug only after the completion of his mission or because of proven professional negligence.
Article 28


Taking into account the provisions of Law 39 of 2009, as amended, shall not accept any assessment of real estate assets to any point of administrative, judicial or bank reports only if they are approved and signed by a real estate appraisers.
Article 29


Prescribed by the minister on the proposal of the Council licensing fees and allowances of the certification exam and licensing and renewal.
Article 30


A. Experts and corporate real estate assessment to income tax on the work of the guesswork and evaluation carried out with the public sector and the joint Syrian and cooperative financial institutions including banks, insurance companies and re-insurance institutions and savings and foreign companies and hybrid companies or to their advantage and meet the income tax in a way of deduction at a rate of 10 percent of the amounts charged by resident real estate entities subject and resolved in carrying amounts of taxable.

B. Experts and corporate real estate assessment on the work of the guesswork and evaluation carried out with entities not listed in paragraph is subject to (a) prior to the provisions of the income tax 34 Act of 2003, as amended.

C. The resulting entities mentioned in paragraph (a) of this article, which is repaying amounts subject to tax to deduct this tax to the Treasury account and paid to the public treasury funds during the first fifteen days of the month following the month of discharge amounts.


D. If those mentioned in the paragraph did not deduct and pay a tax during the period specified in paragraph c previous reimbursed or incomplete, commit tax is paid in addition to the fine provided for in Article 107 of the Income Tax 24 Act of 2003, as amended.
Article 31


A. Organization of professional experts and corporate valuation subject to the provisions of this law happen enjoys legal personality and considered all the experts and companies assessment of the Syrian ruling members of this organization.

B. The organization looking after the interests of its members and the application of the rules of practice and representation offices and corporate valuation at any point with respect to acts of guessing or evaluation.

C. Defines the statute of the organization and the nature of his duties and responsibilities, conditions and procedures for the General Panel and its board of directors and instead of belonging to the annual subscription and disciplinary action against its members.

D. The minister issued upon the proposal of the Council decision approving the establishment of the organization and the ratification of the regime.

E. The Authority shall have its representative to attend the meetings of the Council of the Organization Department and its committees without the right to vote on decisions.
Chapter VI

discipline and sanctions
Article 32


A. If he commits an expert assessment of any violation of the provisions of this Act or the oldest behavior prejudice to the responsibilities entrusted to him or the rules and standards of practice assessment and Literature or commits an act detrimental to the position shall be referred to a disciplinary committee constituted by the Authority in collaboration with the professional organization.

B. Constitute a disciplinary committee referred to in paragraph / a / decision of the Minister in the following form:

Judge the rank of counselor named by the Minister of Justice President
Member of the Board of Directors member
Two of the professional organization of licensed experts or by the body two
Sworn expert in the courts is relevant to the profession member

The Committee deems appropriate to use in the performance of its mission.

C. Without prejudice to any penalty provided for in other legislation punishes the real estate valuation expert offending one of the following disciplinary sanctions:

1. Linear alarm

2. Warning linear

3. Suspension of practice for a period not exceeding three years.

4. Revocation of the license.

D. The committee's majority decision and in the event of a tie is likely part of the president.

E. Disciplinary Committee decision to be subject to the approval of the Council if it includes one of the penalties set forth in items (3.4) of paragraph c.
And
. If the violator trainees punishable by reminding linear or linear warning or stop training for a period not exceeding one year.
Article 33


The Council may, at the request of suspended from the practice of the profession re-credited in accordance with the provisions of this law after the end of the period of suspension.
Article 34


A. Shall be punished by a decision of the disciplinary committee of both practiced the profession during the period of Practice eventually stopped by a fine of not less than 100 thousand Syrian pounds and not more than 300 thousand Syrian pounds penalty shall be doubled in case of repetition.

B. Adjust the ceilings mentioned decision of the Council of Ministers on the recommendation of the Council.
Article 35



Each of impersonating a real estate expert assessment or practiced this profession without expert exposed to the penalties provided for in Article 383 of the Penal Code as well as personal prosecution, which the body can be demanding the holidays and damage certificate.
Article 36


Transition period granted for a period of three months during which he continues to organizers of the real estate assessment to perform their duties.
Article 37


Issued regulatory decisions of this law, the decision of the President of the Council upon the proposal of the Board.
Article
38

This law shall be published in the Official Gazette and shall come into force from the date of issuance.

Damascus 29/3/1433 AH corresponding to 02/22/2012 AD.



President
Bashar al-Assad