Land Policies in Lebanon
Timeline
The current crises have proven the urgency of questions related to the systems that guide and manage lands in Lebanon, as well as policies and concepts stemming from the prevailing practices. This section deals with the emergence of urban planning and its institutions, and the path these institutions took. It also evokes historical periods that were pivotal in shaping the structure of the property and land system in Lebanon during the past hundred years, and their relationship with major social and political transformations.
In this sense, we review parallel pathways in the history of policies, through timelines of the cement, agriculture, marine public property, and housing sectors. Through these timelines, we refer to the historical connectivity and resemblance between land policies on the one hand and the construction of an economic-political identity on the other.
During several eras, land policies have emerged as a tool for consolidating the real-estate rentier model and as an opportunity to accumulate wealth and establish the control of members of the ruling class in the different regions. For a hundred years, planning has been an instrument of the domination of both people and geography by the ruling class, rather than a means of achieving social justice and managing resources.
1839
Promulgation of the so-called Ottoman “Tanzimat”, a system of reforms that separates lands from the network of rights that prohibited their commercial exploitation, and thus the onset of transforming and regulating the concept of land management on the basis of individual ownership.
1894
Expanding and modernizing the Port of Beirut for it to become the sole sea crossing for the transfer and import of European products into Syria, in parallel with the advent of the capitalist system in the Levant
1920
Proclamation of the State of Greater Lebanon
1921
Establishing a modern land registry in Lebanon and Syria, canceling communal lands, and authorizing survey teams to enter villages and update all title deeds – thus, causing change in ownership relations.
1925
Defining the maritime public domain which includes the farthest point on the seashore reached by winter waves, as well as sand and gravel shores and riverbanks. This definitions made the property exclusive for public use, and prohibited their sale or transfer of ownership.
1929
Establishing the first cement manufacturing company in Lebanon: “Lebanese Cement Company” by Archbishop Antoine Arida in partnership with the “Societe d'Entreprise et de Réseaux Electriques, Paris”. In 1932, the Swiss company HolderBank replaced the French company.
1930
Defining the system of “real estate” ownership, which gives the right to use, enjoy and dispose of a property within the limits of laws, decisions, and regulations. These rights vary according to ownership type.
1931
Establishing the “Lebanese Cement Company” factory for the manufacture of cement within the municipalities of Heri, Chekka and Kefraya.
1935
Initiating the legislation of the Stone Crushing Industry sector along with the promulgation of the Quarry Investment Law whose articles cover all aspects regulating the sector.
1938
Cement production increased, with exports going mainly to the Palestinian markets. Production was about 49 thousand tons in 1938 and reached 100 thousand tons in 1940.
1940
Developing the first Lebanese Construction Law, an updated and revised version of the French Construction Law adopted at the time; the law belongs to a colonial context rather than embodying local experience and concepts thereof.
Major socio-political changes
Institutions
Legislation specific to land management
Agriculture land
Cement sector
Legislation specific to the cement sector
Legislation specific to construction
Legislation specific to marine public domain
Institutions specific to housing
Legislation specific to rent
Affordable housing legislation
BDL decisions/loans/eskan
1943
Independence of Lebanon
1944
Passing of the 1944 Tenancy Law allowing contract extension and increases in rental fees. The decree was followed by amendments that allowed the extension of its provisions period to 1954, the validation of rent increases/decreases, and had set conditions for eviction.
1948
Al-Nakba and the Palestinians’ displacement to Lebanon
1950
The customs boycott of Syria 1950
1952
Lebanon succeeded in occupying the eighth place in the world in exporting lemons. Syria was the first importer of Lebanese produce in terms of quantity.
1953
Establishing the “National Cement Company” (Al-Sabaa) for the cement industry by the Sehnaoui, Ossaili, and Doumit families, within the municipality of Chekka.
1954
The promulgation of a new construction law which intensifies construction by removing restrictions imposed earlier, on the height of buildings. This took place through calculating investment factors by region, an action which falls within the framework of the laisser-faire policy and complacency in the name of encouraging free market economy.
1955
Tripoli, Abu Ali river flood
1956
An earthquake hits Al Chouf, Jezzine, Sidon, and parts of the Bekaa valley
1957
Tripoli, Abu Ali river second flood
1958
“The 1958 Revolution”
1959
Annulment of the “National Construction Authority” and establishment of “Construction Administration”.
Major socio-political changes
Institutions
Legislation specific to land management
Agriculture land
Cement sector
Legislation specific to the cement sector
Legislation specific to construction
Legislation specific to marine public domain
Institutions specific to housing
Legislation specific to rent
Affordable housing legislation
BDL decisions/loans/eskan
1960
The Fouad Chehab Era and the adoption of a new policy based on strengthening the role of the central state and its institutions
1961
Extension of the Rent Law without any increases.
1962
Promulgation of the first urban planning law defining the development of urban design and regulations for cities and regions according to land use in the light of public interest.
1964
Licensing of the National Construction Company to occupy the maritime public domain in Chekka region.
1966
Promulgation of a decree that considered the beach a single and indivisible natural space, and a public domain for everyone to access freely, assessing it as a natural resource.
1967
Looking for red cement, the National Cement Company began its excavation work in Koura central plains, house to almost two million olive trees.
1968
Formation of “The National Cooperative Credit Union”.
1970
Establishing the Council for South Lebanon.
1971
A new Construction Law removes the conditions that were imposed on the height of building structures similarly in all areas, the diversity of land, geographical and social conditions.
1972
Organizing northern beaches.
1973
Organizing southern beaches.
1974
Implementing and developing Al-Qasimiyah irrigation channels in the south of Lebanon. It became the largest project in Lebanon in terms of the irrigated area and the number of agricultural subscriptions.
Major socio-political changes
Institutions
Legislation specific to land management
Agriculture land
Cement sector
Legislation specific to the cement sector
Legislation specific to construction
Legislation specific to marine public domain
Institutions specific to housing
Legislation specific to rent
Affordable housing legislation
BDL decisions/loans/eskan
1977
Cancelling the Ministry of Public Planning and replacing it by the Council for Development and Reconstruction. Annulment of the “National Construction Authority”.
1978
The Israeli invasion of southern Lebanon
1980
Establishment of the “Independent Fund for Housing” commonly known as “Al Murr Floor”.
1982
The Israeli invasion of southern Lebanon and Beirut
1983
The Mountain war
1984
Collapse of the Lebanese lira
1985
Dissolution of “The Public Corporation for Housing” and the reinstatement of housing institutions that were previously cancelled.
1986
The Sibline Cement Plant starts operating within the boundaries of Sibline municipality in Al Shouf district.
1990
Announcing the end of the Lebanese war
Major socio-political changes
Institutions
Legislation specific to land management
Agriculture land
Cement sector
Legislation specific to the cement sector
Legislation specific to construction
Legislation specific to marine public domain
Institutions specific to housing
Legislation specific to rent
Affordable housing legislation
BDL decisions/loans/eskan
1991
Capital increase for the Housing Bank.
1992
A new construction law improves investment conditions for corporate in real estate and increases the percentages allowed for construction.
1993
The Lebanese government prevented the import of cement from foreign markets, under the pretext of protecting the investments of cement factories in Lebanon to increase their production capacities, which led to a frequent increase in the price of the ton of cement.
1994
IDAL, a governmental framework for real estate investment in Lebanon, that would provide incentives to investors and reduce taxes on investment.
1995
The Lebanese Government granted Sibline Cement Plant the exclusive right to use the Jiyeh port facilities which is 5 kilometers away from the plant.
1996
The Israeli attack on Lebanon
1998
Implementing the "Facilitating and Developing Trade Exchange among Arab Countries" agreement, which Lebanon joined in 1985. The agreement frees trade exchange between Arab countries from various fees and restrictions, which in turn allowed the import of various crops and agricultural products from other countries into the local market.
1999
Allowing banks to seize real estate in lieu of loan defaults.
2000
Liberation of the South
2001
Disbandment of the “Ministry of Housing and Cooperatives”.
2002
Promulgation of an Environmental Protection Law that prevents occupancy that impedes free access to beaches and obligates the protection of the beach from any source of pollution.
2004
Promulgation of a new construction law which the Association of builders contributed to its writing, to answer its needs in higher constructions.
2005
The annual cost of the deterioration resulting from the random and improper investment of quarries in Lebanon is approximately twenty-five billion Lebanese pounds.
2006
Israeli war on Lebanon
2008
The global financial crisis and the real estate boom
2009
Promulgation of the “Comprehensive Plan for Lebanese Territory Arrangement”, which constitutes a major document for sustainable development and planning, and aims to direct large public investments while ensuring integrated development and rationalizing the use of resources.
2011
The Syrian revolution and the refugee crisis in Lebanon
2012
Drafting of the “Proprietary Tenancy Law”.
2014
Syrian refugees in Lebanon reach one million
2017
Amendment to the Tenancy Law.
2018
Allowing banks to benefit from Central Bank subsidies for housing loans in Lebanese pounds.
2019
October 17 uprising, exacerbation of the economic crisis and financial collapse
2020
Declaring a Public Health Emergency and a state 2020 of general mobilization across Lebanon
Major socio-political changes
Institutions
Legislation specific to land management
Agriculture land
Cement sector
Legislation specific to the cement sector
Legislation specific to construction
Legislation specific to marine public domain
Institutions specific to housing
Legislation specific to rent
Affordable housing legislation
BDL decisions/loans/eskan
Conclusion: Towards a collective demand for land as a common, social value
Established during the era of independence, the Lebanese state adopted the principles of urban planning through a series of laws and institutions which point to its recognition and acknowledgement of the primacy of public rights over private interests. On account of the institution of mandates and directives to regulate construction operations and land use, the state has implicitly conceded to the existence of a public right, recognized as part of the collective social value of land, prior to any private property. This social value is enshrined through urban and civil planning which are meant to carry and preserve the principles of public interests and shared identity. This is due to the fact that the land is distinguished by the specificity of its contents and connotations, and it cannot be classified as any traditional commodity, as it is simply the place of living and the source of life. However, the historical sequence presented throughout this article indicates that the adoption of the French Mandate’s policies on land ownership and private property as well as the liberal trends on which Lebanon’s economy was based, systematically sought to transform the land into “real estate” ownership which is meant to turn it into a commodity that is exchangeable on the capitalist market.
Ultimately, the system has succeeded in pushing us to accept and perpetually conceive of the land as a commodity, via its ideological apparatuses which regularly reiterate the common appellations, including "real estate market," "real estate ownership,” among others. It also perpetuates this conception through its focus on paragraph “f” of the Lebanese constitution, which relates to the right to private property, in public discourse. It does so, however, while deliberately ignoring two other paragraphs which relate to the understanding and overall management of the land, given that they do not serve the private purposes of the powerful ruling class. One of these is paragraph “c,” which states that Lebanon is a parliamentary democratic republic based on respect for public freedoms and on principles of social justice and equality of rights and duties among all citizens without distinction or preference. The other is paragraph (g), which insists on and calls for the balanced cultural, social and economic development of all regions which it considers to be a fundamental pillar of the unity of the state as well as the stability of the system.
This is evidence of an antagonism related to the social and economic balance of power. As such, as long as this balance tends to the ruling class, the interpretation of the constitution will always be in its favor. As a matter of fact, people have been deprived of the knowledge that allows them to formulate radical demands. In that sense, the principle of land as a social value with deeply entrenched social and historical roots has been rendered a hollow phrase, buried solely in old texts which are stripped from the daily lived experiences of the masses. In the end, radically transforming this reality will require a bottom-up revolution in civic organization and public understanding of the land, and that is only possible when people are at the center of this process.