Basic Information on a Municipal Building Plan
The area of planning and construction is an inseparable part of Israeli real estate law. Israeli professional real estate lawyers must be knowledgeable about the specific municipal building plan of each property. In this article, Advocate Alex Brosh, Israeli real estate lawyer from Cohen, Decker, Pex & Brosh law firm, explains some important points regarding municipal building plans in Israel.
What Is a Municipal Building Plan?
The field of planning and supervision of construction in Israel involves various levels of competent authorities. At the municipal level, the authority is a local planning and building committee, which is responsible for municipal development and planning programs. Israeli building permits are granted on the basis of these plans. It should be emphasized that the status of urban building plans has long been legally equated to the status of law by Israeli court rulings.
Therefore, the process of publishing the urban building plan is carried out in several separate stages. The first stage is to present the municipal building plan for additional approval. This step represents an important milestone in the entire process. It marks the seriousness of the intentions of the authorities responsible for the planning and the intention to implement the plan in the manner presented. However, at this time, the program is not yet actionable and cannot be considered as active or legally binding.
What Happens When the Plans Are Contradictory?
Often, a new municipal building plan will replace an older version. This may create a situation in which the new plan will contradict the existing one. It should be noted that the delay period between the approval stage and the stage of execution (when the plan is approved and enters into force) may be protracted. At times there is a question regarding which plan may regulate the existing construction. At first glance, it appears that if the new program has not yet come into effect, the old plan should be followed.
How to Choose between Old and New Plans
Construction is a long-term initiative, particularly in Israel, accompanied by changes over a long period of time. Thus, potential construction on the basis of existing programs is not always desirable. In these cases, the law restricts the construction process. Construction on the basis of obsolete plans must have the special approval of the local planning and zoning committee. On the other hand, a person who wants to build according to the new plan is not always obligated to do so until it comes into effect. In this case, the ability to get started as quickly as possible depends on multiple approvals from different authorities.
In light of the complexity of the situation, an Israeli real estate lawyer can help you plan your actions. Contact us at Cohen, Decker, Pex & Brosh law firm for legal advice on planning, construction, and real estate.