Planning and Building Law

Planning and construction law is one of the most central and complex areas in the real estate world in Israel. This field regulates how land can be used, new structures can be built, existing structures can be modified and real estate projects developed. Each planning or construction operation is subject to a broad set of rules, regulations, and outline plans.

Israel's planning system directly affects property values, building rights, and the feasibility of development projects. Property owners, developers, investors, and homebuyers must therefore understand the legal implications of plans, building permits, nonconforming uses, betterment levies, and enforcement proceedings.

Amsalem & Co. Law Firm provides legal guidance in the field of planning and building law for real estate owners, entrepreneurs, companies and investors. The legal services include planning advice, representation before planning institutions and handling complex legal issues related to the use of real estate.

What are planning and building laws

Planning and building laws are a set of laws and regulations that regulate the physical planning of the land and the urban and regional development. The main law in the field is the Planning and Building Law, which determines the powers of the planning institutions and the procedures required for the approval of plans and the issuing of building permits.

The planning system in Israel operates through several types of plans: national outline plans, district plans and local plans. Each sets a different planning policy and influences the possibilities of real estate development.

City Building Plans and Outline Plans

A city building plan is a planning document that determines the designation of land and the building rights in certain land. The plan can determine whether the land is intended for residential, commercial, industrial or other uses.

Outline plans also define the scope of permitted construction, the number of floors, the percentage of construction and additional planning instructions. Any construction must be in line with the instructions of the attack plan.

Building Permits

A building permit is an official permit that allows construction work to be carried out or a change in an existing structure. Without a building permit, any construction is considered illegal.

The process of obtaining a building permit includes submitting an application to the local planning and construction committee, combining architectural plans and sometimes approvals from other professional bodies.

Objections to building plans

When a new building plan is submitted, adjacent landowners may object to the plan if it infringes on their rights or the value of the property.

Objections can be based on privacy infringement, landscape blocking, transportation congestion, environmental degradation, or other impacts on quality of life.

Building Exceptions

A building exception is a situation in which a structure is built without a permit or contrary to the permit granted. Such an exception can lead to enforcement procedures, fines and even demolition orders.

In some cases, building irregularities can be worked out through appropriate planning procedures.

Nonconforming Use and Ease

Nonconforming use is a situation in which an asset is requested to be used in a way that does not match the land designation as per the attack plan.

Eases are certain deviations from the program provisions which can be approved in some cases by the local committee.

Betterment Levy

A betterment levy is payable to the local authority when approval of a new plan or planning variance increases the value of the property.

Decline of Value Claims under Article 197

When a new plan damages property value, in some cases a claim may be filed for compensation under section 197 of the Planning and Building Act.

Real Estate Expropriation

Land expropriation is a procedure whereby a state or local authority may take private land for public use, usually while paying compensation to the land owner.

Who is suitable for legal advice in the field of planning and construction

• Landowners interested in developing the land
• Real estate developers who promote new projects
• Property owners dealing with building irregularities
• Apartment buyers looking to check the planning situation

Common Questions in the Field of Planning and Building Law

What is the rest of construction

A building permit is an official approval by the local planning and construction committee that allows for the performance of construction work or a significant change in an existing structure.

How long does it take to get a building permit

The duration for obtaining a building permit varies depending on the complexity of the project and the requirements of the local committee, and sometimes the procedure may take several months or longer.

Is it possible to resist the construction of a neighbor

Yes. When a particular construction may infringe on the rights of adjacent property owners, objections may be filed within the planning proceedings.

What to do in the event of a construction exception

In the event of a building exception it is important to check the possibility of arranging the exception in front of the authorities or acting within the framework of appropriate legal proceedings.

What is Betterment Levy

A betterment levy is payable to the local authority when approval of a new plan or planning variance increases the value of the property.

What is a claim under section 197

A claim under section 197 is a claim for compensation when a new planning plan causes a decrease in property value.

Legal advice in planning and construction law

Planning and construction procedures combine legal, planning and economic issues. Professional legal guidance can help understand the planning situation of the land, deal with the requirements of the authorities and act to protect the rights of the land owners.

Amsalem & Co. Law Firm provides legal guidance in the field of planning and building law while thoroughly examining each case and adapting the most appropriate legal solution.