Random housing
1- Updated areas.
2- Processing random housing mechanism in accordance with the provisions of the law / 15/2008 and its amendments and its executive instruction.
3- The authority vision to process random housing.
1- Updated areas
- Tal Al-Zarazeer:random housing area in the city of Aleppo with a total area (98.5 ha).
- Al-Haidarieh:random housing area in the city of Aleppo, with a total area 118 hectares.
- Wadi Al-Joz:random housing area in the city of Hama, with a total area 30 hectares.
2- Processing random housing mechanism \\ alternative housing-social survey \\ according to Law / 15/2008 and its amendments and its executive instruction. In real estate development projects located within the random housing areas, the real Estate Developer is committed to secure a suitable alternative to the occupants of the project area and deliver it to the administrative authority, according to the social survey prepared by the administrative authority on adopting a real estate development or compensation for those who wish to get allowance cash, the administrative authority is also committed to evacuate occupants after the delivery of alternative housing, and deliver the project site free of occupancy of the real estate developer, according to the regulations in force and provided for in the contract between the parties.
3- The authority future vision to process random housing: The General Authority for Investment and Real Estate Development was assigned by the services commission in the Presidency of the Council of Ministers with processing the random housing file and amending the law No. / 15 / for the year 2008 to input the articles that helps to accomplish this work in an integrated way.
Along with theses orientations working groups has been formed in the Authority to study some of the areas where work is happening currently in the following areas:
1. Southern region: work is carried on a random housing gathering in Ma’araba.
2. Central Region:work is carried to process the National Hospital’s East region in Hama city.
3. In the northern region:work is carried to process West Ansari area Aleppo city.
Identifying priorities for intervention in random housing:
- Considering when determining the priorities for intervention in the random housing areas what’s adopted by the national map to improve and process random housing areas and it’s of the Authority right to modify these priorities in coordination with the Regional Planning Authority and consistent with orientations and plans, the Authority shares the administrative unit in preparing the technical, social and economic studies for the random housing areas and characterization, counting and preparation of lists of social survey of housing and population living in the region shows the types of property, rights and social spaces and other characteristics.
Processing random housing mechanism Taking into account national map to improve and process random housing and according to social and economic studies and general and detailed regulatory plans process random housing areas located inside or outside the organizational plans according to following provisions and principles:
a- The process is done by the authority with the participation of the relevant administrative unit according to laws and regulations in force in one of the following ways:
1. demolition and rebuilding.
2. upgrading and rehabilitation.
3. both cases together.
b- The administrative unit may process random housing area directly in coordination with the Authority provided it complies with the priorities of the national map and to improve the processing of random housing.
g- Processing random housing areas is carried according to the following phases:
1- The preparation phase:
• identify priorities of random housing areas candidates to intervene according to national map set for them.
• restrict available land to the direct building and determine its ownership and its borders.
2- Studies phase (engineering, economic, legal, financial).
3. Detailed studies phase (economic, social, census, properties, ...):
• restrict and determine the housing in the area and characteristics (social and economic) of the population.
• Identification of the property type and holdings to put compensation commensurate with the type of the holdings.
4. preparation or evaluation of master plans and the study of economic alternatives phase:
• Evaluate the available master plan to set on the planning program and its relevance to the reality of the urban based socially, economically and services, or set up a new planning program.
• Noticing the development projects in the planning program so that it is part of it.
• Conduct economic feasibility study according to several alternatives are available.
• Studying the available financing sources based on:
- Approved housing policy (ownership, rent, lease hire-purchase, ...).
- Various sources of financing (national, foreign).
- Method of quotas with real estate developers.
5- Setting the legal framework for the implementation of population program:framing each project unit with technical legal framework appropriate to housing program.
6. Executive Program: The program takes into account when setting priorities for implementation areas according to their importance so it considers:
• Implementation of the necessary facilities and services.
• implementation of the housing program according to the housing needs of the citizens targeted in project.
• Putting the administrative and organizational structure of the follow-up and supervision devices.
• perform the audit and supervision work or give it to specialized engineering expertise.
• coordinate the participation of the various executive parties (developers, General Organization for Housing, general construction companies, contractors and contractors) in order to achieve economic and housing projects goals.
7. Implementation phase:
it includes putting the plans specialized in the implementation’s work and procedures sequencing to meet the housing requirements and the rehabilitation of infrastructure and services, with what corresponds to the implementation of the random housing projects in accordance with the approved time schedule, Where the implementation’s work could include one or more of the project types and interfere with each other to form an integrated unit to achieve the objectives (areas available for alternative housing projects, temporary housing projects, random housing processors).
Social survey and proving ownership and objection committees: - The administrative unit should deploy the results’ schedules of the social survey for a random housing area in the authority’s bulletin board and in the administrative unit’s bulletin board and announce it in at least one local newspaper and in one of the official capital newspapers and it’s possible to use one of the audiovisual media, and invites under this announcement owners and owners of rights in rem in the region to object to the advertised social survey results, on each of who has relationship to real estate’s region originality or guardianship or agency to advance to the administrative unit within thirty days from the date of the declaration requesting for objection and appointing the place of the chosen residence within the province, and attacheing documents and his rights’ supporting documents, to address these objections by the Commission provided for in paragraph (d) of this article.
- It is permissible to the relatives of the rights’ owners in the area of any grade to practice the rights provided in the preceding paragraph on behalf of the owners.
- Constitutes at the administrative unit by the decision of the governor committee with a jurisdictional headed by a judge named by the Minister of Justice and includes in its membership a representative of the administrative unit of people with law degree and two representatives of the owners and that within one month from the date of publication of the Declaration of the social survey of a random housing area results competent to hear objections property claims conflicts on the real estate involved in the region and referred to all similar lawsuits related to the region existing before the courts in which the judgment pending agreement, and it applies to the mentioned committee in terms of composition, action mechanism and decisions of the provisions of the acquisitions law No. / 20 / of 1983 and its amendments, the Committee is composed of:
• Judge the rank of adviser named by the Minister of Justice president.
• A representative of the administrative unit holds a degree in law member.
• A representative of the owners member.
a. Members of the Committee do the following legal right before the Chairman of the Committee, before assuming their work:
“"I swear by God the Great that I discharge my duties with honesty and integrity and not to divulge the secrets of notes”
B. Committee meetings are legal in the presence of the President and all Members and takes its decisions by majority.
C. The Committee enjoys the separation in the claim or dispute submitted or referred to it in all specialties enjoyed by the competent court originally given in the conflict.
D. Committee's decisions can be appealed before the Court of resumption in the province according to the dates and the assets used in the resumption of the interim relief judge’s decision and decided by the Appeals Court in the deliberation room appeal against the decision of contract and keeps the victim, who was not a party to the dispute before the Commission to sue the causer for the damage’s compensation for damages incurred before the ordinary courts.
e. Implementing the decisions of the Commission happens, after acquiring the peremptory by book directed from the Chairman of the Committee to the administrative unit accompanied by a copy of the decision after fulfillment the prescribed fee in judicial fees and insurance law to implement judicial decisions, or a letter from the President of the Court of Appeal to the administrative unit together with a copy for the court's decision after legal fees are done.
f. The Commission shall be exempted from compliance and the time limit prescribed in the Code of trials and it can be a jury based on the adversaries agreement with the conciliation mandate.
G. The Governor shall issue a decision to form a committee or more to estimate the value of the area’s real estate, the value of the real estate is estimated according to the their current status, including the construction of buildings and trees and crops and rights in rem and rights of the defendant in a fair estimation that considers the real value, consisting of:
• Judge in the rank of counselor named by the Minister of Justice president.
• An expert in real estate named by the minister member.
• An expert represents owners member.
Members of the Committee do the following legal right before the Chairman of the Committee:
“"I swear by God the Great that I discharge my duties with honesty and integrity and not to divulge the secrets of notes” H.
The election of property owners is done in the region at the invitation of the administrative unit to the chosen people who identified their place and in the daily newspaper for the election of their representatives, the election is considered right by the votes of majority who responded to invitation and determines, and the place and time of the election is set in the invitation.
I.If the owners of area’s real estate didn’t respond to the invitation for the election of their representatives in the value estimation committee of the judge appoints an expert referred to.
J.If the representative of the owners is absent from the committee’s meetings, an alternative is called by the judge.
k. It’s required in the president and members of the committee not to have a relative or affinity to the fourth degree or any links or financial or legal interest with rights holders that apply the provisions of article / 174 / of the Code of the trials.
l. The committee considers in evaluating the real estate’s within the region value that the estimation should be equivalent to the value before the date of the decision’s release to make random housing development area directly to unconsider each rising occurring on the prices as a result of the issuance of this decision or trade speculation whether this rise is not justified at a similar rise in the surrounding areas.
M. The Commission should commit to the foundations of value estimation and organizing the estimation schedules in the value of the land and construction, trees, plants and other structures, each a separate field.
N. The Council of State is specialized in legal administrative authority to consider the final decisions of the Commission whether marred by a legal defect.
S. Administrative Unit announces within one week from the date of receipt of the value commissions’ decisions in their bulletin board and in the area’s bulletin board and publishing in a local newspaper, if any, or in one of the official capital newspapers about the end of the work of the Commission, the declaration contains explicit reference to the competent authority, which must be reviewed for the assessment of existing schedules.
After the issuance of the Commission's decision, it can on its own initiative or at the written request correcting mistakes resulting from errors and omissions in the expense of equity share of the owner’s decision and inform it to the administrative unit, and the administrative unit calculate the nominal value of the equation according to the percentage determined the decision of the Distribution Committee.
Putting signal to special real estate in random housing’s area The administrative authority puts in the region’s real estate sheets during / 30 / days from the date of the decision to make a development area to a random housing area by the real estate directorate which is competent a signal that talks about the inadmissibility of making any process on real estate located within the boundaries of the real estate development area, and the the rights plaintiff and the asylum signs putting seekers references to the competent judicial committee referred to in paragraph / d / article / 22 / within the deadlines.
Random Housing Fund It occurs under the legislative text a box for upgrading random housing associated with the minister and enjoys financial and administrative independence and defines its resources and aspects of exchange and its mechanism in the text of its creation.
Projects funded by the random housing fund
- The Commission has the right in the upgrading and rehabilitation of random housing areas financed by the Fund contracts with natural and legal persons on the implementation, or implementation of the rehabilitation of infrastructure and public facilities and services projects for the region according to approved technical studies according the provisions of this law and the executive instructions taking into consideration the law of contracts in force.
- The administrative unit secures alternative accommodation for the occupants eligible according to the social survey results in a floor area as close as possible to the space that was occupied in the region.
Real estate developer commitments in random housing area that address in the way of the demolition and reconstruction:
a. The developer is committed to secure alternative accommodation for the occupants eligible to be developed with alternative housing within the real estate development area or outside the region according to the results of the social survey of the occupants, (and a receivable concern the right to choose one of two alternatives) according to what’s agreed upon between the developer and the occupants and those certified under the instruments submitted to the Commission.
B. Real estate developer is committed to pay annual allowance rent to the occupants until securing alternative housing in the region (5%) of the value of speculative housing unit required evacuation.
c. Administrative authority may agree with real estate developers from the public authorities to secure the sharer or lodgings are located ownership of these entities to be used as alternative residence to rights holders in random housing area by one of the ways of contracting (renting or buying or customizing instead of it in real estate development areas).