Law 33 Of 2008 Judge Install The Ownership Of Real Estate And Built Parts Of The Real Estate Is Built And Instructed The Executive

Original Language Title: القانون 33 لعام 2008 القاضي بتثبيت ملكية العقارات المبنية وأجزاء العقارات غير المبنية وتعليماته التنفيذية

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4751&RID=-1&Last=10058&First=0&CurrentPage=7&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 33 of 2008

Judge the ownership-based real estate and real estate is built parts and instructions executive



President of the Republic based on the provisions of the Constitution

And approved by the People's Assembly in its meeting held on 19/12/1429 H corresponding to 17/12/2008 AD

Issued the following:

Material -1 -

Meant the following expressions and words, wherever they appear in this sense shown by each of them law ... Wazzarh- the Ministry of Agriculture and Agrarian Reform.

Wazzar- Minister of Agriculture and Agrarian Reform.

Mahafez- governor of the province that owns the property covered by the provisions of this law.

Committee-judicial committee formed in accordance with the provisions of this law.

Prime Alganh- chairman of the Judiciary Committee formed under the provisions of this law.

Unity Aladarih- city, town or village or municipality that owns the property covered by the provisions of this law.

Almntqh- total real estate and real estate portions covered by the provisions of this law.


Article -2-
This law aims to ownership of built property and parts of the real estate is built installed in residential areas designated in specific and editor of real estate area or in part by removing the common and correct descriptions and excretion and modify real estate newspaper in line with the current status of these properties.


Article -3-
Subject to the provisions of this law areas determined by a decision of the Prime Minister upon the proposal of the Ministers of Agriculture and Agrarian Reform and the local administration and environment.

Article -4-

Opens business in specific areas in accordance with the provisions of Article III of the Act by a ministerial decision declaring whereby public interest in these areas and shall be published in the Official Gazette and in two daily newspapers.

Article -5-

The administrative unit that is located within the area of ​​competence of spatial prepare plans showing the external borders of this region and the real estate numbers required secreted and remove popularity and correct their descriptions including constructions and utilities.

Article -6-

A. The Administrative Unit to prepare detailed plans and topographic lifting schemes in accordance with the principles and conditions and technical specifications prepared by the ministry in coordination with the Ministry of Local Administration and Environment.

B oversees the Directorate General of real estate interests to regulate these schemes and the receipt of assets after making sure they conform to these specifications.

C- administrative units in an exhibition organized for these plans contracting with public authorities or private.

Article -7-

A resolution of the Minister judicial committee in each region according to the following ...

1- mortgage judge president

2- Chairman of the Land Registry Department in the governorate as a member

3- Head of Survey Department in the governorate as a member

4- representative of the province from the first class member

5. expert from the people of the region he calls conservative member

(B) leads members of the Committee the following oath before the president before direct work swear by Almighty God to do my job honestly and honor and respect the laws and regulations.

(C) The Committee may draw upon the opinion of experts, specialists in their work to be an advisory opinion.


D be meetings of the legal committee in the presence of the president and at least three members and take decisions by absolute majority.

Article -8-

A Committee will meet immediately after the publication of the Minister's decision included the opening of business and render a decision set the date of the order that the business and announce its decision at a board of the Court and in the lobby of the center of the province and in a prominent place in the region also communicate a copy of it to the courts and departments of implementation and the Directorate of real estate interests and the head of the Office documentation mortgage specialist and neighborhood committees and mayors and administrative authority and the relevant departments.

B- courts nuances all to transmit to the Commission when informing immediate issues relating to the rights-kind belonging to the area is unless he has been the subject of a final judgment by informing them of the commencement order and implementation departments should refrain from the date of commencement order informing on the implementation of the provisions on rights a-kind properties that region and the Directorate of real estate interests and property registration offices in the province to refrain from accepting and recording contracts and real estate transactions in the region as of the date notified of the commencement order until the real estate resulting from the implementation of the provisions of this law in accordance with the decisions of the committee record.

(C) the property registration office immediately notified of business opening decision to organize the required contract, and the judge set subject to the provisions of excretion law and the removal of common and correct descriptions on the sheets real estate included in the resolution signal as is immediately notified of the commencement order to organize the contract decision not to conduct any transaction on these properties.

D-the Land Registry Department registration of all documented decades before the date of commencement order and notified within one month from the date of informing them of this matter and the expiry of the deadline referred these contracts to the Commission with a statement of the reasons for non-registration.

Article -9-

(A) after the issuance of the commencement order authorizes the Chairman of the Committee the following powers ...

1- switch kind of legitimate drugs covered by the regulatory schemes certified by Amiri to the king if ever legitimate Amiri and issue its decision in this matter is concluded does not accept any of the means of appeal or review.

2- secretion of the state's share in the property in which it has a common share, as well as the secretion of real estate not covered parts of the opening of business decision based on the plans set out -5- article of this law, an independent real estate.

3- implementation lecturer schemes retainer sorting and approved according to the Agrarian Reform Law and its amendments, which have not been implemented at the Directorate of real estate interests until the issuance of the commencement order.

4- applying the provisions of Law 273 of 1956, as amended, and instructed the executive and the transfer of ownership of real estate by the applicable provisions of the territory of the State Property own state .. takeover is distributed to the administrative unit property.

5- debugging and complete the gaps that appear in the newspaper real estate which is originally from the validity of the director of real estate or real estate interests judge the mandate-holder according to the case.


6- Transactions Inheritance filter and move the unfiltered on the issuance of the commencement order by conducting the investigation for the heirs and their identities and request images of their chains and limitations of the gene of the competent departments and the necessary decision shall be appointed by the heirs names and share them by type legitimate for the drug, taking into account date of death for drugs that have been switching its kind legitimate under Section -1- -o- paragraph of this article.

B. Chairman of the Committee shall issue decisions to apply the items 2, 3, 4 and 5 of paragraph -o- of this article serves as a standing director of real estate interests and head of property registration office.


Article -10-
After the issuance of the commencement order the Commission announces the acceptance of applications for rights-kind alleged in the region, within one month from the date of the declaration.
It
be announced in the bulletin board of the Committee and in the places specified in paragraph -o- of Article 8 of this law.


Article -11-
Committee shall undertake the following tasks ...

A settlement of the requests made by stakeholders to install the kind alleged rights and the ratification of contracts received from the property registration office, which did not register until the deadline for registration and described -d- paragraph of Article 8 of this law, as you referred to the date of dismissal proceedings to the ordinary courts and implementation of judicial decisions concluded and highlighted it.

Chairman of the Committee shall be applied pending applications and separation proceedings referred by the ordinary courts provided for in paragraph -o- previous legal texts relating specifically editing Transactions relating to the registration of contracts is issued his decision as a valid serves as director of real estate interests.

C Committee prove rights in rem in the region and had to rights holders under the resolutions issued in the name of the Arab people in Syria.

(D) The Committee may If the registry so requires that decide to give any owner in the region rather than in cash rather than ownership in whole or in part and may give any of Merit owners area of ​​land in excess of his entitlement against payment in cash to the landlord or to share it and it is assessing the value of allowances specified in this paragraph according to the law of eminent domain, as amended by the committee formed by the Minister for this purpose.

E Commission's decisions publishing it as a judicial appeal before the resumption of the District Court within the prescribed deadline -and- paragraph of this Article shall be subject to the decisions of the Court of Appeals concluded the decisions to register the contracts are subject to the provisions of the Land Registry window laws.


And Commission-regulated schedule of the owners of rights in rem in the region that includes the right holder and the amount of its share and property divided or where this share is the bottom Commission's decision to name this table and announced in the places specified in paragraph -o- of Article 8 of this law for a month longer this announcement as a Report personal Parties all becomes totally contained therein and being overwhelmed by human end of this period unless located appeal it within the mentioned period and stays for those who really is named after the legal deadline set expiration in this paragraph review of the ordinary courts to claim the right to compensation Profile confront the owner of the constraint during a period of two years from the expiration of the month, the date set forth above.
G
Committee and its Chairman applied trial procedures stipulated by law and specifically Liberation number -186- of 1926, as amended.


Article -12-
The decisions of the committee set out to paragraph C of Article 11 of this Law, mainly in the real estate registration and the opening of the paper with the meat notation signal that appeal the decision if it occurs.


Article -13-
Committee shall charge compensation for all the final decision issued by the Under install real rights according to the following ...

1- 100 Syrian pounds to the Chairman of the Committee.

2- 75 Syrian pounds each member.

B earns working in the real estate interests in charge of the implementation of decisions of the Commission and working in the administrative unit in charge of overseeing the technical setup and determines the amount of compensation and Msthakoh decision from the governor on the proposal by the President of the administrative unit or director of real estate interests, according to the case.

(C) the disposal of compensation contained in this article of the administrative unit credits and notes included in amounts arising from the rights holders as a result of the application of the provisions of this law and collected by the administrative unit.

D determines the compensation ceiling set out in paragraphs A- and B of this Article, the decision of the Prime Minister upon the proposal of the minister not to exceed 40 percent of monthly pay lump on work performance.

E-compensation is not charged by the Commission under the provisions of this Article of the compensation that they deserve workers under the provisions of the applicable laws.


Article -14-
Both the mind or intentionally disrupt the implementation of the provisions of this law shall be punished with imprisonment from one month to three months and a fine of 5,000 to 25,000 Syrian pounds penalty shall be doubled in case of repetition.


Article -15-
Shall be punished by imprisonment of six months to three years and a fine of fifty thousand to a hundred thousand Syrian pounds each record or try to squeeze a means of highlighting or fraudulent documents or other bonds under a false property of others in his name or in the name of another person's name.

B penalties prescribed in the preceding paragraph -o- both saw the false testimony intent to register a property on behalf of a person other than the owner has unlawfully.


Article -16-
If another law provides for a penalty for doing the same severe than the punishment stipulated in this Law shall apply the most punishment.


Article -17-
Committee and its work and decisions of the judicial inspection as provided for by law and judicial power to impose disciplinary sanctions against the Chairman of the Committee and its members by the competent minister at the suggestion of the Judicial Inspection Department under.


Article -18-

Subject to the provisions of this law, the current real estate king individuals and private and public property and the property of the state institutions and the endowment and the seizure and confiscation.


Article -19-
Shall impose on each property is divided or multiple floor record in the Land Registry as a result of the application of the provisions of this law, a fee of 10 percent of conjecture financial value of such real estate or multi-story switches and devolve these fees to the state treasury.

Shall have the right administrative unit financial advance from rights holders not to exceed ten thousand Syrian pounds are met.


Article -20-
Issued by a decision of the Minister, the executive instructions of this law.


Article -21-
This law shall be published in the Official Gazette.

Damascus on 25-12- 1429 AH corresponding 23-12-2008 L M



President
Bashar al-Assad




The following light on executive instructions of the law / 33 /:

-ataan In determining the region stipulated by law following conditions:

* To its properties and specific parts and editor of its properties are registered in the real estate records based on the real judge or the appellate courts peremptory decisions and that parts of its properties and its properties are connected and can be identified as to the scope of one.

* Construction ratio of not less than 50% of the total area, the total area of ​​the area / 2 / ha within the organizational charts and certified areas of expansion and protection and / 5 / hectare in the rest areas.

* The law requires not have been passed on those areas ordinances to bring about regulatory area in accordance with the provisions of Part II of the Act / 9 / or article / 7 / of the Act / 26 / item and one that will not be Mstmlkh and is registered in the Land Registry on behalf of the expropriated and longer deposit cash allowance for the acquisition as a Date in the application of the law.

* With respect to the foundations of the Commission's work and the issuance of the commencement order instruction stipulates that the Committee will meet immediately after informing the Minister's decision containing the business opening after its publication in the Official Gazette issued the decision date of the order in the region, according to prepared for this purpose model, and then announce after the commencement order Panel ads Commission as well as in public places and the main squares in the region.

* Showed operational instructions that the registration of the Commission's decisions in the Land Registry comes after the expiry announce decisions table, where the Commission refers to the Directorate of real estate interests and working documents of the Committee distributed classified first contains the following technical documents (excretion minutes, remove common, judicial dossier ) In the case of the resumption of the Commission's decision it provides operational instructions to be forwarded certified image file and outline, in addition to the implementation of resolutions calling for the Commission to conduct record of technical amendments to the detailed and systematic scheme according to prepared for this purpose model.

Sanctions

Regarding sanctions, the executive instructions made it clear that all of the mind or intentionally disrupt the implementation of the provisions of law shall be punished by imprisonment from one month to three months and pay a fine of / 5000-25000 / SP on the penalty doubled in case of repetition.


As instruction stipulates that the penalty of imprisonment of six months to three years and a fine of fifty thousand to a hundred thousand Syrian pounds each record or try to squeeze a means of fraudulent or highlighting documents or bonds to other under a false property of others in his name or in the name of someone else's name .

She instruction that the Committee and its work and its decisions should be subject to judicial inspection and manner provided for by law and that the judiciary disciplinary sanctions imposed against the president of the Commission and given by the competent minister on the proposal of the Judicial Inspection Administration.

Fees

With regard to the fees stated in the executive instructions:

Imposed on each property or divided multiple floor record in the Land Registry as a result of the application of the provisions of the law, a fee of 10% of conjecture financial value of these properties Ooualemkasem floor area and devolve these fees to the state treasury and placed signal (do not deliver the title deed does not conduct any transaction on the contract or Tabaka divided by drawing mentioned interpolation)

Operational instructions and ordered the administrative units which are located within the area of ​​competence of spatial open a separate account for the area to be revenue according to the following:

Advances granted from the budget of the administrative unit of financial and advances charged by the administrative unit of the Prosecutor rights during the presentation of their applications and select the amount worth 10,000 Syrian pounds for each property or divided multiple floor claiming ownership does not demand registered with the Office of the Commission and is not accompanied by a receipt of payment, to be exchange revenue set forth in the preceding two paragraphs by a paymaster in the administrative unit on the work required to implement the provisions of the law.

Operational instructions and explained that the advances mentioned in this article by the administrative unit filter must be immediately after the completion of the business, according to the actual cost of the expenses incurred as a result of implementation of the law and in accordance with the regulations in force at the administrative units.

It is noteworthy that the law / 33 / dated 04/16/2009 nutshell, aims to set out the ownership of real estate is installed in residential areas covered by the law and correct their descriptions and secreted and modify real estate newspaper real estate scheme in line with the status quo and lead to the organization of informal zones.