Real Estate, Planning and Construction Lawyers
Permit relief
Life in modern society is subject to the tension between chaos and order, we seek on the one hand our freedom to do what we please, to express ourselves without limitations, and to achieve great and impressive goals without considering anything other than what is in our own best interest. However, the reality in which we live continually limits us as well as the scope of resources that we have available to us in order to realize our desires – both individually and collectively.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
In order to cope with the conflicting forces of order and chaos, individuals and society as a whole must plan. Throughout our lives, planning plays an important role, but especially in the field of construction planning.
How does planning and construction work?
Whenever we wish to build a house, or rent a building for our business, or even if we wish to grow potatoes in the field, the land must be used. The land is a limited resource by its very nature as a material resource. Furthermore, it is clear to all of us that we do not want a loud and noisy market near where we live, in the same way that I would not consider planting fruit trees near a commercial and industrial area.
In order to realize the human need to build and use land in order to realize one’s ambitions and desires, and to live a happy life, without harming the equitable distribution of resources, and without negatively impacting the well-being of all citizens and residents, the field of planning and construction was formed.
In the State of Israel, the field of planning and construction is the governmental system that is responsible for supervising all construction and land distribution. A national planning committee, district planning committees, and local planning committees are all part of the planning system. In this regard, the various committees are responsible for preparing a municipal building plan or outline plan, which specifies where it is permissible to build, where it is forbidden to build, what types of buildings are permitted in each area, their height, and the size of each “unit” (apartment, shop, etc.).
Whenever an entrepreneur, contractor, or private individual plans to build, buy, rent, or expand their home or business, they must follow the instructions of the local committee with regard to the building or plot of land. Therefore, I cannot convert my private house into a shop, since the master plan defines the building as a residential building rather than a commercial one. Furthermore, if I wish to expand the apartment where I live at the expense of the yard of the building, I am prohibited from doing so without an appropriate permit in accordance with the outline plan.
Permit exemption
As a result of the master plan concerning my residential building excluding the possibility of expansion, I am legally prohibited from building the extension or even building a pergola at the entrance to my home. As a matter of fact, if I break the law and modify the building as I desire, I am at risk of prosecution and the building will be demolished.
Therefore, I must change the outline plan in order to fulfill my wish. A change to an outline plan requires an orderly appeal to the relevant committee, which involves a long and complex bureaucratic process that re-examines the area, the application, the urban situation as a whole, and so on until a decision is reached. It is likely that I will avoid making the change altogether or I will do it in violation of the law and risk the consequences if I need to go through such a complicated procedure in order to add a few percent of the yard area to the house area.
In order to address this problem, the Planning and Construction Law (5575 1965) of the State of Israel defines in a number of different sections (section 147 (a) for example and compare with sections 63(7) and 57(9)) that the committee has the authority to establish orderly conditions for granting building permits. According to these concessions, the local committee must approve the master plan almost automatically under certain conditions, as long as there are no significant deviations, changes, or deviations from the original plan.
In essence, concessions serve as an oil for people who wish to make small and not particularly significant changes in their homes – such as expanding an apartment without interfering with the lives of others, or building a pergola. Having said that, if we require any change of this type to undergo a cumbersome change in the outline plan, this will create significant problems, and that is the reason for the reliefs. A famous ruling from the 1980s (High Court of Justice 195/79 Yitzlaf Construction Company Ltd. et al. v. Chairman of the District Committee for Planning and Construction, Tel-Aviv et al.,explained the nature of the reliefs as follows: [29] p. 462)
“…the ‘facilitation’ procedures were created, as their name implies, to make it easier for the house builders and not to require them to go through lengthy and cumbersome procedures of amending plans; moving forward (or rising above) and welcoming the finished, not least.” In the event that a family conflict or procedures that raise a concern about damage to the protection of children are concerned about damage to the relationship between parents and their children, the family courts must provide a quick, efficient, and effective response in order to protect the child.
As their name implies, the ‘facilitation’ procedures were designed to make it easier for the house builders to proceed without having to undergo the lengthy and cumbersome process of plan amendments. If the words are meant for those who have not yet begun building, for those who have been building according to permits and laws for many years and wish to move forward (or to transcend) and bless their work, not least.”
Reliefs are limited to "significant deviations"
Since concessions are granted from permits relatively quickly and easily, it is not possible to create a ‘significant deviation’ from the master plan due to the relatively quick and simple procedure for approving concessions. As stated in section 151 (a) of the Planning and Construction Law:
Unless there is a substantial deviation from the plan applicable to the land or building, no relief or permit for extraordinary use will be granted.”
However, what does “significant deviation” mean? Significant deviation from the plan (2002) lists in an orderly manner what is considered a significant deviation. The principal logic behind them is to limit changes that fundamentally alter the construction. It also lists what is not considered a deviation and should be granted as part of the relief.
As an example, Section 7 is concerned with the procedure for scheduling a hearing on a request for temporary relief to ensure contact or to prevent harm to the child’s protection, and stipulates that, after the period of delay of the proceedings ends, a hearing will be held for the status of the parties within 14 days of the request being submitted.
Permit relief request
In order to receive a relief, the applicant must publish the request at his or her expense, in newspapers with personal notices, and post a notice in the real estate explaining why the request is being made.
This publication is intended for the submission of objections.
This notice will be published in the newspaper and displayed in front of the building or land for which relief is being sought. Further, personal notices must be sent to all parties who may be affected by the approval of the relief as well as to all owners and holders of the building or land for which the request was submitted.
Planning and construction committee discussion
A hearing will be held by the local committee on the request for relief. If objections are submitted, the committee will discuss the objections and decide whether or not to approve the request. An appeal can be filed with the appeals committee if the local committee decides to request relief or to discuss the objection.
Permits will be granted at the discretion of the local committee for a limited period of time. The committee may grant, for example, a permit for the use of a kindergarten in a residential neighborhood or a permit for the use of a dental clinic in a residential neighborhood.
In Conclusion
Considering the importance of the ‘relief from the permit’ procedure, it is highly advisable to hire professionals with experience in planning and construction.
