Planning and Construction Lawyer
Objecting to a Demolition Order in Israel: Legal Options and Deadlines
Administrative demolition orders are issued by local planning and building committees against construction carried out without a permit, construction that deviates from an approved building plan, or unauthorized use of a structure. These orders are designed to enable authorities to respond swiftly and effectively to illegal construction and to prevent the establishment of unauthorized structures as fait accompli.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What Is a Demolition Order?
A demolition order is a legally enforceable administrative directive. Under Section 239(a) of the Planning and Construction Law, a court may order the demolition of an illegal structure upon the request of a prosecutor — even if no criminal indictment has been filed — provided there is a special public interest in doing so. A prerequisite for issuing such an order is that a stop-work order was previously issued and the construction continued in violation of that order.
Under Section 237, the Director of the National Enforcement Unit or the local committee’s engineer may order the demolition or cessation of use of a structure that violates a judicial stop-work order. The order is issued based on a written report from a building inspector confirming the violation. If more than one year has elapsed since the stop-work order was issued, the demolition order requires court approval under Section 234(c).
The court may also order demolition at the request of a plaintiff even without an indictment, provided a special public interest exists. Additionally, the law provides for demolition-and-cessation-of-use orders that can be directed at anyone with an interest in the property — including the owner, occupant, lessee, or the person responsible for the illegal construction.
When Can the Court Issue a Demolition Order?
Under the law, the court may issue a demolition order only when the following conditions are met:
- The person who performed the illegal construction cannot be located
- It is not feasible to serve a subpoena with reasonable diligence
- The identity of the person who performed the illegal work cannot be established
- The person who carried out the construction has passed away, or prosecution is barred by the statute of limitations
- The prosecutor has determined that further investigation and prosecution are not warranted under the circumstances
Enforcement of the order is carried out by the National Enforcement Unit, local committee, or authorized local authority after 21 days have passed from the date the order was issued.
This demolition order is meant to help authorities deal with illegal construction quickly and efficiently and prevent "facts on the ground" from being established. It is during the administrative phase that enforcement should be carried out in the field of planning and construction. Illegal construction in the making may be enforced during the administrative phase. A construction that violates the law in planning, in the environment, or in the rule of law is the most limited. In the administrative phase, the enforcement against illegal construction is the simplest and most effective, because it's the easiest and easiest to execute the orders and demolish the construction at this stage, and its damage to the builder is the lowest. One of the main tools for enforcers at the administrative level is demolition orders, The right use and implementation of administrative demolition orders creates a real deterrent in light of the relative urgency with which the order is executed, thus restoring the situation to its original state In light of the continued proliferation of illegal construction, an administrative demolition order cannot be viewed as a punitive measure, but rather as a violation of the fundamental right to property. It has the potential to cause significant financial damage - therefore, the use of the authority must be done in a responsible and informed manner. The provisions of the law permit the enforcement authorities to be reimbursed for their expenses in carrying out the enforcement. It encourages self-demolition, when the builder's investment is still relatively small, by demanding reimbursement of demolition expenses from the property owner
Role of the Engineer and the National Enforcement Unit
Before issuing a demolition order, the engineer or the Director of the National Enforcement Unit must submit a written declaration confirming that the construction was carried out without a permit or in deviation from the approved plans. Additionally, an inspector must provide a sworn affidavit verifying the facts on the ground. These procedural requirements are designed to ensure that demolition orders are issued based on reliable, documented evidence.
Purpose of Administrative Demolition Orders
Administrative demolition orders provide authorities with an efficient mechanism for addressing illegal construction promptly. The goal is to empower local authorities to remove unauthorized structures quickly, before they become entrenched. It is important to note that the legislature has deliberately limited the grounds on which courts may intervene to review these orders.
Service and Execution of the Order
The demolition order is posted on the property together with the supporting documentation. Demolition may commence within 24 hours, and in any event within 72 hours of service. The order cannot be executed after 30 days from its issuance or after a court decision rejecting the request for cancellation, whichever is later.
Filing an Objection to a Demolition Order
A request to cancel or suspend an administrative demolition order must be filed within three days of learning about its issuance. Critically, filing the objection does not automatically suspend execution of the order — demolition may proceed unless the court grants a stay. Therefore, it is essential to act immediately and engage an experienced planning and construction attorney who can file the objection and request an injunction to halt the demolition while the case is heard.
An order for demolition without criminal proceedings:
239. (A)) Regardless of whether an indictment has been filed, a competent court may order the demolition of a prohibited work at the request of the plaintiff, provided that there is a special public interest in doing so and one of the following conditions is satisfied:
(1) The person who performed the prohibited work cannot be found, with reasonable diligence;
(2) It is not possible or it is not practical to deliver a subpoena to a person, with reasonable diligence;
(3) It is not possible to prove who performed the prohibited work;
(4) The person who performed the prohibited work has died or is not punishable, including due to the statute of limitations that applies to the offense of prohibited work;
(5) The prosecutor decided that the circumstances of the case as a whole are not suitable for further investigation or criminal prosecution according to Article V.
(B) The provisions of section 226(b) will apply regarding the creation of a demolition order according to subsection (a), with the required changes.
(third) A demolition order according to subsection (a) will be carried out by the national enforcement unit, the local committee or a local authority authorized for enforcement, provided that at least 21 days have passed since the order was issued.
What Do You Need to Know?
In other words, since the order will be executed within a few hours or days, a very rapid application must be made to the local affairs court. Hearing of the request will be scheduled within seven days of its submission. It is very important that in order to delay the execution of the demolition order, a request for a delay in the administrative demolition order must be submitted. The court can delay the order for 15 days and, if a hearing is held during these days, can extend it further.
In Order for the Order to Be Canceled, What Must Be Proven?
There are two conditions for canceling an order:
- The property was built more than 60 days after the engineer’s affidavit was submitted, which led to the order. Often, the property isn’t ready for habitation, for example if it’s missing doors or windows, so pay attention to this. Sometimes they’ll see small flaws as negligible and treat such a structure as a done deal.
- The building, in relation to which the demolition order was issued, has been occupied for over 30 days.
Cancellation request without criminal charges
240. If you’re harmed by a demolition order, and you weren’t a party to the request for issuance of that order, you can ask the competent court to cancel it within 21 days from the date the order is mailed as stated in section 226(b) as applied to section 239(b).
Can You Make Administrative Claims?
Similarly to any administrative decision, it may be challenged on the basis of one of the following grounds:
- Deficiency of authority
- Legal incompatibility
- Improbable
- An inefficient administrative process. Correctness of the administrative procedure and reasonableness are two reasons why discretion can be exercised by the authority.
- Did the committee have a good factual foundation?
- Decisions can be invalidated if discretion isn’t exercised, or if it’s exercised arbitrarily.
If the property is abandoned, it’s possible to assess the damage to the public interest. It might be a small injury compared to the damage the demolition will cause.
A Few Things to Consider When Determining the "Guilt Index":
Often a demolition order is issued as part of a criminal punishment and not as part of an administrative procedure, and a question arises regarding the degree of the defendant’s guilt.
From the judgment of the Honorable Judge Hisham Abu Shahada, Tax Code 47071-10-10 Local Planning Committee Shoham v. Zuckerman et al.
An explanation of how the “degree of guilt” is determined in the crimes of “illegal construction” and “illegal misuse”
- There are different degrees of guilt in the commission of a crime, which is the basis for the expression “degree of guilt.”. Based on English law, I think there are three main types of guilt:
A. High type of Guilt
B. Medium type of guilt
C. Low-level type of guilt
- The parameters established in the ruling to distinguish between degrees of guilt for the offense of “illegal construction” or “illegal abnormal use” are as follows:
A. Profits from construction or abnormal uses;
B. Duration of the suspension of the illegal construction, or duration of the illegal use;
C. Demolition of the illegal construction or cessation of the illegal use before the sentence is handed down;
D. Court order violation.
Below, we’ll talk about each of them.
The profit the accused made from the construction or from the abnormal use of the property
- As far as the defendant made more financial gain from the construction offense or the illegal use offense that he committed, his level of guilt should be higher. A financial profit can take different forms, including the actual profit made from the crime or the savings made in the financial expenses he would have incurred had he not committed the crime. Peshita, that there is no trial of a defendant who made a profit of NIS 5,000
An offense of illegal construction or unauthorized illegal use committed by a defendant who made a financial profit of NIS 100,000 from committing the same offense. - Article 63(a) LLaws and penalties “For an offense involving causing a pecuniary loss to another person or obtaining a benefit for himself or another, the court may impose a fine equal to four times the value of the damage caused or the enjoyment gained, or the fine established by law, whichever is larger.”
(The emphasis is not in the original).
- According to Ref. 4679/10 Shimshon v. Municipality of Tel Aviv-Yafo [published in Nevo] (1.8.2011), section 63(a) of the Penal Law can be applied to offenses under the Planning and Construction Law (section 13 of the judgment of the honorable judge Danziger) (hereafter: Halach Samson).
- According to the Samson rule, the maximum rate of the fine that can be imposed on an accused based on section 63(a) of the Penal Code is not the benefit of enjoyment the accused intended to get, but the benefit of enjoyment he actually got. As a result of committing an illegal construction offense, the benefit of enjoyment is the improvement of the property. It does not matter whether the improvement is fully realized through the sale of the property or partially through the rental of the property. This increase in value is the result of the enjoyment gained following the commission of the offense (paragraphs 24 to 26 of the Samson Law).
- During the sentencing process for construction offenses, the Honorable Judge Danziger summarized the following considerations: “After these words, I find it necessary to emphasize that even though this is my position regarding the maximum value of the benefit of pleasure produced, the determination of the rate of the fine must be made in each and every case after the investigation has examined the circumstances of the case, including the following issues: (a) What Funds actually received by the offender or that their removal was spared due to the offense; (b) Whether performed Deconstruction of the structure prior to sentencing(c) Was a demolition order issued as part of the sentence so that the illegal construction could be demolished in a timely manner; and, (d) Did additional fines apply to the applicant in accordance with the various provisions set forth herein.Law of Planning and Construction. מובן כי אין המדובר ברשימה סגורה וכי מנגד יש לשקול את חומרת המעשים שבוצעו ואת היקפם, כמו גם נסיבות נוספות שעשויות לשמש כשיקול לחומרה או לקולא בגזירת עונשו של העבריין.
It is my opinion that where an illegal construction has been destroyed before the sentencing or is expected to be destroyed in the near future, there is no reason to impose upon the offender the full fine that can be imposed according to Section 63(a) of the Penal Law.”
- In cases where the accuser claims that the accused actually derived a benefit from the construction he carried out, or from the abnormal use, the evidence is there and it can be demonstrated by bringing a suitable opinion or other appropriate documents to the court. In the stage of arguments for punishment, the accuser must prove beyond a reasonable doubt that he is a material circumstance. If the accused claims he made a low profit from the crimes he committed, and that was the basis for his acquittal, he must prove this on the balance of probabilities (see p.(c) of Section 40) toCode of penal law).
Support From a Lawyer Is Essential
Did you get a demolition order or a stop work order?
Please contact us immediately.
More & Co. Has over 15 years of experience in real estate planning and construction law.
Contact us to coordinate an urgent legal consultation. We will immediately submit a request to cancel the demolition order or, at the very least, delay administrative proceedings.