עו"ד שמואל לכנר 
 

The purpose of the new temporary provisions is to enable the addition of an area for building residential units on plots which are intended for the construction of saturated residential units in urban municipalities.  The intention is to enable this to happen during the process of grant of concessions under Section 147 of the Planning & Building Law, and not only during the permitting stage.  Section 151 of the law – according to its previous version – contained provisions with respect to a major deviation from the specifications of the plan. 

ccording to this section, it was possible to approve additional residential units of up to 20% of that permitted as per the plan, within a concession procedure, but only as against a decrease in size of the existing units as per the plan.  Under the new temporary provisions, it will now be possible to add residential units without having to make smaller the existing units as per the plan.

The temporary provisions also allow the urban permitting authority to allow, also during the concession stage (and not only during the permitting stage), the addition of a building area which will not be considered a 'major deviation'. This is directed towards an additional area in a plot which is intended for residential building units and which is located within the jurisdiction of urban municipalities.  

In addition, the additional area should not exceed 205 of the total aggregate area permitted for building as per the plan. The area which is to be the secure space in the apartment will be approved in addition to the overall addition unless the plan provides differently.  The additional area is to be used only for the addition of residential units to the building and not for the increase of the area of the existing residential units.  The area of each residential unit to be added to the building is not to exceed 120 square meters. In addition, it is required that the addition to the area will be applied for in respect of a building as to which construction works have not yet commenced.  

The local committee will be required to confirm that the existing infrastructure will meet the needs arising from the increase in the number of residential units.
These provisions do not apply to a permit issued according to the National Master Plan for strengthening buildings against earthquakes (TMA 38).

Reference: The Planning & Building (Temporary Provisions) Law, 5776-2015 (31.12.2015)

 

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