Changing Land Designation in Israel: What It Actually Takes
A change of land designation is not an application you file with the committee and receive an answer to. It requires a plan, and a plan goes through deposit, publication, objections and approval. This guide sets out what separates a change of designation from relief and from non-conforming use, what the route involves, who has power to approve it, and what decides whether it is realistic at all.
What designation is and where it is written
The designation of land is what may be done with it: residence, commerce, employment, public buildings, open space, agriculture. It is fixed in the plan that applies to the land, and alongside it the plan fixes the building rights, the building lines, the height and the density.
Where is it checked? Not in hearsay, and not in what has been built next door. It is checked in the plan itself, and in the planning information the local committee issues for the plot. The information file is the document that gathers what applies, what is permitted, and on what conditions.
Two further points from practice: other official documents, such as the Land Registry extract describing the type of property or the description in the municipality’s property-tax records, may show a different use. On the question of land designation, unlike, say, verifying ownership, the reliable and current sources are the plan in force and a valid building permit. And when examining a building permit, remember that it has two parts, a permit in words and a graphic drawing, and both must be read together to establish the permitted use.
A mistake that recurs in transactions: relying on how the property is described in an advertisement, or on the use being made of it. An existing use is no evidence of designation. It can be a non-conforming use, a use under a temporary permit, or simply an unlawful use that has not yet been enforced against.
What a change of designation is not
This is the most important distinction on the page, and it is the source of the commonest error on the subject:
- Relief is a deviation from a provision of the plan, such as a building line or a height. It does not change designation.
- Non-conforming use is a permit to use the property for a purpose other than the one fixed, for a limited period. It does not turn that use into the designation.
- A change of designation is a change to the plan itself. It counts as a substantial deviation, and therefore cannot be achieved by way of relief.
What this means in practice: someone who wants to turn agricultural land into residential land, or an industrial building into housing, does not file for relief. He needs a plan. More on this at Relief and non-conforming use.
The route: a plan
A change of designation is made through a full planning process. These are the stages, in order:
- Preparing the plan by a professional team headed by an architect or town planner, with consultants as needed.
- Filing and the threshold check at the planning institution. A plan that fails the threshold conditions is not considered on its merits.
- The decision to deposit. This is where the planning institution decides whether the plan is fit to go out to the public, usually setting conditions for deposit.
- Deposit and publication. The plan is open to public inspection and notice of that is published.
- Objections. Anyone who considers himself harmed may object. The period is 60 days from publication of the deposit notice, and the planning institution may extend it by a further 30 days.
- The hearing of objections. The objection is filed in writing supported by an affidavit, and the objector is entitled to be heard orally and to be represented.
- Approval and publication of entry into force. Only from that moment does the plan bind.
Two points that decide files. First, do not act on a plan that has been deposited but not approved. Deposit is not approval. Second, the objection stage is the main opportunity to influence the outcome, and whoever misses it is left with far narrower routes of challenge.
Who has power to approve
The power does not always sit in the same place. It follows from the scope of the change and its kind:
- The local committee has power to approve certain kinds of plans, within the limits set by the law and by the plans above it.
- The district committee is the address for significant changes of designation, and particularly where the change goes beyond what the master plan allows.
- National planning institutions come into the picture on matters of national scope, such as infrastructure.
Why this matters to you. The identity of the planning institution settles how long the process takes, whom you have to persuade, and which considerations will sit at the centre of the discussion. A plan filed with a body that has no power to approve it wastes months before it is even considered. That is a check to make at the first stage.
What it costs
The cost is not one fee but several layers, and some of them arrive only at the end:
| To whom | What is paid |
|---|---|
| The planning team | An architect or town planner, and consultants as the planning institution requires |
| Professional consultants | Traffic, environment, landscape, drainage and others, by the kind of plan |
| Lawyer | Conducting the process, objections and replies to objections |
| The planning institution | Fees under the regulations |
| The local committee | A betterment levy at half the betterment, where the plan has bettered the land |
| Israel Land Authority | Payments under the contract, on land it administers |
⛔ The levy is the item that surprises people most, and it is usually the largest of them. A successful change of designation is precisely the event that raises the value of the land, and so it creates a betterment levy. The expected exposure is checked by a valuation before anything starts, not after the plan is approved. There are also statutory exemptions, examined case by case.
What decides whether it is realistic
The difference between a plan that moves and a plan that stalls usually lies not in the law but in the planning. These are the things that decide it in practice:
- Fit with existing planning policy. A plan that sits with the master plan and with the authority policy moves. A plan that contradicts them has to justify itself from the ground up.
- Infrastructure. Roads, sewage, water, schools and public facilities. A change to residential use with no infrastructure answer does not advance, even where it makes commercial sense.
- The surroundings and the neighbours. Well founded objections change plans, and even where they do not defeat them they delay them.
- The state of the rights in the land. Unresolved co-ownership, a lease from the Israel Land Authority or defective registration can stop a good plan.
What we ask to see before saying anything: the registry extract, the planning information file for the plot, and the plan in force. From those three it is possible to say whether the direction is realistic and which route fits. Without them any answer is a guess. More on this at City building plans and Appeals in the planning system.
Every case is examined on its own facts. For a consultation with a lawyer from the real estate department call 02-5953322, send a WhatsApp message to 050-4411343 or leave your details in the form below, and we will get back to you as soon as possible.
What people ask most often
Can designation be changed by applying for relief?
How long does a change of designation take?
The plan has been deposited. Can I start acting on it?
What is the deadline for objecting to a deposited plan?
Does a change of designation create a betterment levy?
All Real Estate Department pages
Before buying land on the strength of a future change of designation
Send us the registry extract, the planning information file for the plot, and the plan in force. From those three it is possible to say whether the direction is realistic and which route fits. Without them any answer is an estimate.