A Legal Study on the Occasion of Alexandria’s National Day
I have had the privilege of being one of Alexandria’s native residents and inhabitants. It is a city whose value cannot be reduced to its location on the Mediterranean Sea or to its status as one of Egypt’s most important ports, but rather derives its character from a civilizational, architectural, and cultural accumulation extending over more than two thousand years.
Since the founding of Alexandria in the fourth century BC, Hellenistic, Roman, Coptic, and Islamic civilizations have succeeded one another there. In the modern era, the city also witnessed Mediterranean, European, and Arab influences that left their mark on its streets, buildings, and historic neighborhoods. Accordingly, the “identity of Alexandria” does not consist of a single architectural style, but is rather the product of this historical diversity that shaped the city’s character.
However, this identity is facing increasing pressures resulting from urban expansion, population density, rising land values, deterioration of certain old buildings, and changes in their use, in addition to coastal and climate-related challenges that require reconsideration of the way in which the city’s urban heritage is managed.
Dr. Mostafa El Rouby previously addressed this issue in his article published on the occasion of Alexandria’s National Day in 2025 under the title “How Does the Law Protect Alexandria’s Identity from Disappearing?” This study builds upon that discussion with a broader examination of the available legal tools, their limitations, and the challenges facing their implementation.
26 July… Why Does Alexandria Celebrate Its National Day?
Alexandria Governorate celebrates its National Day on 26 July of each year. The date is associated with King Farouk’s departure from Egypt on 26 July 1952 following the July Revolution, when he left from Ras El Tin Port aboard the royal yacht “El Mahrousa” bound for Italy after abdicating the throne.
Accordingly, the occasion is not connected with the departure of the last British soldier from Alexandria in 1956, as is sometimes stated, but rather with an event that took place in the city in 1952 and became part of its political and national memory.
Celebrating the National Day can go beyond commemorating the historical occasion and become an annual opportunity to review what the city has lost in terms of buildings and landmarks, what we have succeeded in protecting, and what new policies Alexandria needs so that urban development does not turn into an erasure of its memory.
What Is Meant Legally by Alexandria’s Identity?
Egyptian law does not use the expression “city identity” as an independent legal right with a comprehensive definition. Rather, it protects the elements of that identity through a group of laws governing antiquities, architectural heritage, construction, urban harmony, advertising, and urban planning.
Accordingly, protecting Alexandria’s identity consists in practice of three levels:
- Protection of antiquities and archaeological sites under the Antiquities Protection Law.
- Protection of buildings and structures of architectural or historical value, even if they are not registered as antiquities.
- Protection of the city’s urban and visual landscape through planning, construction, urban harmony, and advertising regulations.
This distinction is important because an old building is not necessarily an “antiquity,” and the fact that a building is not registered as an antiquity does not mean that it may be demolished without examining whether it is listed among buildings of architectural heritage value.
First: Architectural Heritage Protection Law No. 144 of 2006
Law No. 144 of 2006 Regulating the Demolition of Buildings and Structures Not at Risk of Collapse and Preserving Architectural Heritage represents one of the most important legal lines of defense for historic buildings in Alexandria. Certain provisions of the Law were amended by Law No. 3 of 2020.
The Law prohibits licensing the demolition of, or additions to, buildings and structures of distinctive architectural character where they are connected with national history, associated with a historical figure, or regarded as a tourist attraction, in accordance with the mechanism established by the Law for identifying such buildings.
The importance of this Law lies in the fact that it provides protection for buildings that may have substantial value to the identity of the city even though they do not fall within the definition of an “antiquity” under the Antiquities Protection Law.
How Is a Building Included on Heritage Lists?
The Law regulates the inventory process through specialized committees in each governorate, comprising representatives of the competent authorities and a number of university professors specializing in architecture, structural engineering, archaeology, history, and the arts.
These committees are responsible for identifying buildings that satisfy the protection criteria and periodically reviewing the inventory, after which decisions are submitted for approval in accordance with the procedures prescribed by law.
Inclusion of a property on the list produces real legal consequences, most importantly restrictions on its demolition or on making additions that affect its architectural value. The Law therefore also regulates the right of interested parties to challenge the inclusion decision within the prescribed time limits and procedures.
Following the 2020 amendment, final decisions relating to inclusion may be challenged within sixty days from the date of receipt of notification, in accordance with the prescribed rules.
A Heritage Building Is Not Necessarily an Antiquity
This is one of the points most commonly misunderstood.
A building may have been constructed in the nineteenth or early twentieth century and possess architectural value or be associated with a historical figure or event, making it subject to protection under Law No. 144 of 2006 without being a registered antiquity under the Antiquities Protection Law.
Conversely, if the property is registered as an antiquity, its protection is subject to a stricter and more specialized legal framework and falls within the jurisdiction of the Supreme Council of Antiquities.
The distinction is not merely theoretical; it determines the competent authority, the procedures applicable to the property, the restrictions imposed upon it, the available grievance or appeal route, and even the scope of works that may be carried out therein.
Can an Owner Demolish a Heritage Building Simply Because They Own It?
The right to property is protected, but it is not an absolute right detached from the social function of property and the rules governing urban development and heritage.
If a building is included among buildings protected under Law No. 144 of 2006, the owner cannot deal with it as though it were vacant land or an ordinary property, and the commercial value of the land alone cannot justify erasing the historical value of the building.
At the same time, the owner should not bear alone the entire cost of preserving a heritage asset that serves society as a whole. This highlights the importance of the tools provided by law regarding compensation and the possibility of the State undertaking structural reinforcement, restoration, and maintenance works in cases permitted by law.
The Penalty for Unlawful Demolition Is Not Merely Symbolic
The Law strengthened criminal protection for buildings of value and imposed penalties for demolishing a protected building, wholly or partially, in violation of its provisions, in addition to suspending unlawful works and taking legal action against those responsible.
The Law also imposes a highly significant consequence where a protected building is demolished, namely restricting the possibility of construction on the land for a period specified by law, so that unlawful demolition does not become a quick economic means of clearing a plot of land and replacing the heritage building with a more profitable development.
This philosophy is important because heritage protection loses its meaning if the financial gains from violating the law exceed the cost of the penalty.
Second: Antiquities Protection Law No. 117 of 1983
Sites and buildings having archaeological status are subject to the provisions of Antiquities Protection Law No. 117 of 1983, as amended.
The Law defines an antiquity based, in principle, on a group of conditions relating to the age of the immovable or movable property, its archaeological, artistic, or historical value, and its connection with civilizations that existed on Egyptian territory. It also permits certain immovable or movable property to be designated as antiquities by a special decision where the State has a national interest in preserving them, even in some cases where the usual age requirement is not satisfied.
The Law grants the Supreme Council of Antiquities broad powers to manage, protect, maintain, and restore archaeological sites, and also criminalizes unauthorized excavation and exploration, illegal trafficking in antiquities, and acts of damage against them.
Alexandria and the Antiquities We Cannot See
Alexandria has a particular challenge that does not exist to the same extent in many other cities: a significant part of its ancient city lies beneath modern urban development or under the sea.
The city and the waters off its coast contain archaeological remains dating to multiple historical periods, meaning that major projects and excavation and construction works in certain locations require a greater degree of study and coordination with the competent archaeological authorities.
Protecting identity therefore becomes more complex than merely preventing the demolition of an old façade; it extends to safeguarding the historical layers lying beneath the city itself.
Third: The Building Law and Urban Harmony
Building Law No. 119 of 2008 complements the protection framework from the perspective of urban planning, construction, and urban harmony.
The National Organization for Urban Harmony, affiliated with the Ministry of Culture, plays a particularly important role in this field through establishing principles and standards for preserving areas and buildings of value, improving the visual appearance of cities, and preparing guidelines and special requirements for distinguished areas.
In Alexandria, there are requirements governing protected areas that address matters such as urban fabric, architectural character, new buildings, buildings registered under Law No. 144 of 2006, shopfronts, roads and sidewalks, landscaping, and certain elements of the coastal frontage.
These rules are important because they move protection from the “individual building” toward the urban landscape as a whole.
The Objective Is Not to Turn Alexandria into a Closed Museum
Preserving identity does not mean prohibiting modern construction or freezing the city at a particular historical moment.
A living city needs housing, hotels, offices, transportation networks, and new utilities. The problem does not lie in modernity itself, but in constructing buildings that ignore the context of their surroundings, exceed the capacity of existing infrastructure, or erase valuable landmarks that cannot be restored.
A successful urban policy is one that permits the new, while requiring it to show a degree of respect for the existing urban fabric in areas deserving protection.
Façades and Advertising Are Part of the City’s Identity
A heritage building may remain standing while its visual value is lost because of oversized signs, randomly installed equipment, or inconsistent alterations to façades.
Protecting Alexandria’s identity is therefore also linked to regulating advertisements and signs on roads and in public places, an area governed by Law No. 208 of 2020 Regulating Advertising on Public Roads, alongside urban harmony rules and relevant local requirements.
Urban identity is shaped not only by building height, but also by façades, colors, signage, sidewalks, street lighting, trees, and public space.
The “Story of a Street” Project and Preserving the City’s Memory
One of the important initiatives of the National Organization for Urban Harmony is the “Story of a Street” project, within the broader “City Memory” project, which aims to inform citizens about the history of streets and squares associated with important figures and events.
The project has extended to Alexandria in cooperation with the Governorate and has included the installation of dozens of informational plaques that help connect street names with their history, together with a move toward using digital tools such as QR codes to provide access to more extensive information.
Such initiatives may appear modest compared with restoring a historic building, but they perform an important function: turning the city itself into a means of education and preservation of memory.
Identity Is Not Limited to Buildings
Alexandria’s heritage does not end with architecture. It also includes ways of life, food, crafts, markets, stories, dialect, and collective memory, all of which form part of a broader concept of cultural heritage.
The tools of protection in this context differ from those used for buildings. A song, craft, or social practice cannot be protected by a decision prohibiting its demolition, but rather requires documentation, education, support for practitioners and cultural institutions, and transmission of knowledge between generations.
The 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage provides an international framework for this philosophy. However, the inclusion of any particular element requires its own formal procedures and nomination files, and the mere existence of an element in the city does not mean that it is automatically listed by UNESCO.
Is Alexandria Listed as a World Heritage City?
This point also requires clarification.
Alexandria as an entire city is not currently inscribed on the UNESCO World Heritage List. However, a site entitled “Alexandria, Ancient Remains and the New Library” has been included on Egypt’s World Heritage Tentative List since 2003.
The Tentative List is legally distinct from final inscription on the World Heritage List. It identifies a site that the State may nominate in the future and does not, by itself, confer the same legal status as a site that has been formally inscribed.
Nevertheless, Alexandria’s presence on the Tentative List confirms the exceptional civilizational value of the remains of the ancient city, including both land-based and underwater archaeological remains.
The Most Serious Challenge: Land Economics Versus Heritage Economics
An old two- or three-storey building may stand on a street where land values have risen sharply, while the surrounding urban conditions allow far greater returns if the site is redeveloped.
This is where the real conflict arises between the immediate economic value of the land and the long-term historical value of the building.
If the law merely prohibits demolition without providing economic tools to support preservation, protection may become a burden in the owner’s eyes. Heritage policy therefore needs instruments that complement prohibition, such as concessional financing for restoration, investment incentives, adaptive reuse consistent with the value of the building, and partnerships between the State and the private sector.
Adaptive Reuse May Be One of the Best Means of Protection
A closed building often deteriorates more quickly than one that remains in use.
For this reason, one of the most successful international approaches to heritage protection is Adaptive Reuse, meaning giving the building a new economic function that preserves its architectural value rather than leaving it abandoned.
An old building may, where permitted by the applicable rules, be converted into a small hotel, cultural venue, office, restaurant, or creative space while preserving its important architectural elements.
This model achieves a better balance between society’s right to preserve heritage and the owner’s right to obtain an economic return from the property.
Climate Change Adds a New Challenge to Alexandria’s Heritage
Alexandria is a coastal city, and therefore protecting its identity in the coming decades will not concern demolition and construction alone.
Sea-level rise, increasing intensity of certain storms and seasonal coastal weather events, humidity, and salinity are all factors that may affect historic buildings and structures near the coastline.
This requires integrating climate risks into plans for restoring and preserving old buildings, selecting materials and reinforcement methods, and managing water and drainage, rather than waiting for damage to occur and intervening afterward.
Before Purchasing an Old Property in Alexandria… What Should an Investor Examine?
One serious mistake is to purchase an old property based solely on the size and location of the land, only to discover after completing the transaction that restrictions prevent demolition or development in the manner on which the financial valuation was based.
Accordingly, the purchase should be preceded by legal and technical due diligence covering:
- Verification of whether the property is registered as an antiquity or located within an archaeological area.
- Verification of whether it is included on lists of buildings subject to Law No. 144 of 2006.
- Review of decisions and requirements applicable to the protected area in which it is located.
- Examination of the original building permit, violations, and alterations made to the building.
- Assessment of restrictions relating to height, use, and reconstruction.
- Review of the structural condition by specialists.
- Examination of leases, occupancy arrangements, and existing third-party rights.
Discovery of a single heritage restriction may completely alter the investment value of the transaction. Accordingly, such due diligence should be conducted before contracting, not after purchasing the property.
What Should the Owner of a Building Listed as Heritage Do?
Listing does not mean that the owner has lost ownership, but it does mean that the owner’s ability to deal with the building is restricted by rules protecting its public value.
The owner should verify the decision under which the property was listed, the scope of protection, and the works that may be carried out, and obtain the necessary approvals before commencing restoration, additions, or substantial alterations.
If the owner objects to the listing decision or its application, the prescribed grievance and appeal procedures should be used within the applicable deadlines rather than altering the building physically and then attempting to regularize the situation afterward.
The Role of Civil Society and Universities
The law alone cannot monitor thousands of streets and buildings every day.
Civil society, universities, and specialists in architecture and history therefore play an important role in documentation, monitoring, awareness, and proposing solutions for reusing buildings rather than demolishing them.
Alexandrian universities can also create databases, photographic records, and architectural surveys preserving the appearance and history of buildings, because documentation itself becomes valuable when a heritage element is at risk of being lost.
Such participation should take place within an organized legal and institutional framework and in cooperation with the competent authorities so that community initiatives can be transformed into practical outcomes.
Do We Need New Legislation?
Egypt already has several laws through which a significant part of Alexandria’s heritage can be protected. Accordingly, the problem does not always lie in the absence of legal provisions, but rather in coordination, enforcement, financing, and updating data.
Nevertheless, there is room for legislative and regulatory development, particularly with respect to:
- Providing genuine incentives for owners who bear the cost of preserving buildings of public value.
- Allowing more flexible models for adaptive reuse of heritage buildings.
- Digitalizing heritage lists and making them clearly accessible before real estate transactions.
- Developing urgent intervention mechanisms when a historic building is at risk of collapse.
- Linking heritage protection with the city’s overall urban and climate planning.
- Periodically reassessing protected areas in light of urban changes.
A Vision for Alexandria’s Future
The objective should not be to return Alexandria to an old image that can no longer be recreated, but rather to protect the essential elements of its character while allowing the city to continue growing and changing.
This requires moving from the concept of “saving a building when it is threatened with demolition” toward a more comprehensive approach based on:
- Inventory and documentation before a threat arises.
- Managing heritage as an economic and cultural asset.
- Integrating protection into urban planning from the outset.
- Encouraging adaptive reuse instead of demolition.
- Linking real estate development to neighborhood identity and urban context.
- Engaging residents in preserving the memory of place.
The Role of the Office of Dr. Mostafa El Rouby – Attorneys and Legal Consultants
The Office of Dr. Mostafa El Rouby – Attorneys and Legal Consultants believes that urban heritage matters lie at the intersection of several branches of law: administrative law, construction law, real estate ownership, antiquities law, investment law, and development contracts.
Accordingly, legal work in this field is not limited to challenging a demolition or listing decision, but can begin at the stage of project assessment or property acquisition.
Areas of legal support required by owners, investors, and developers include:
- Verifying the heritage and archaeological status of a property before purchase.
- Reviewing building listing decisions and related grievances.
- Assessing building and urban harmony requirements in historic areas.
- Reviewing contracts for developing and rehabilitating old buildings.
- Dealing with administrative decisions relating to demolition, restoration, and licensing.
- Conducting legal due diligence on properties located in areas of distinctive value.
- Drafting legal structures that permit reuse of the property while preserving its architectural value.
Early legal advice may prevent an investor from building an entire feasibility study around a project that is not permitted by the heritage or urban planning status of the property.
Conclusion: Protecting the City Does Not Mean Resisting Development
Alexandria is not merely a collection of properties overlooking the sea, but a memory extending from the ancient city to the neighborhoods of the nineteenth and twentieth centuries, and from archaeological sites to markets, streets, and buildings that shape the daily lives of its residents.
The Egyptian legislature has provided several tools for protecting this heritage, foremost among them Law No. 144 of 2006, Antiquities Protection Law No. 117 of 1983, and Building Law No. 119 of 2008, in addition to urban harmony and advertising regulations.
However, legislation alone is not sufficient unless accompanied by accurate inventories of buildings, effective oversight, financing for maintenance, economic alternatives for owners, and an urban vision that prevents every plot of land from becoming a project detached from the history of its street and neighborhood.
The real challenge is not choosing between “heritage” and “development.” A city that neglects its heritage loses part of its economic, tourism, and cultural value, while a city that prevents development entirely becomes unable to serve its residents.
The solution is development that respects the memory of place: allowing Alexandria to change without losing its character, welcoming investment without erasing its history, and using the law not only to stop demolition after it begins, but to guide development before it starts.
On the occasion of Alexandria’s National Day, protecting the city becomes a shared responsibility among the State, owners, investors, engineers, lawyers, and citizens, because genuine heritage that is demolished cannot simply be reconstructed by issuing a new building permit.
Sources and References
- Official Portal of Alexandria Governorate – History of the Governorate and Its National Day
- National Organization for Urban Harmony – Law No. 144 of 2006
- National Organization for Urban Harmony
- Antiquities Protection Law No. 117 of 1983 and Its Amendments
- Building Law No. 119 of 2008
- Law No. 208 of 2020 Regulating Advertising on Public Roads
- World Heritage Centre – Alexandria, Ancient Remains and the New Library on Egypt’s Tentative List