Assistance with TBA procedures (city building plan)
Objections to the IBA (city building plan)
Real estate development and construction initiatives require a request to change a building plan (city building plan) and often even clear in matters of building planning.
Furthermore, the EBV surrounding the properties has a significant impact on the quality of the real estate assets, as well as the quality of life for the residents and those who use them.
The following topics will be discussed on this page:
- TBA – what is it?
- The following documents comprise TBA
- It is necessary to obtain legal assistance during the investigation of TBA
- Changes to the IBA and objections to the IBA
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
TBA - what is it?
The city building plan (TBA) is a legally binding document that refers to a specific piece of land. The IBA document defines the purpose of the land, the building rights on the land, and the permitted uses, i.e. the buildings that can be built on it. An IBA is necessary in order to comply with S. 145 of the Planning and Construction Law 1965, which provides that:
- An individual shall not perform one of these or begin to perform one of these unless the local licensing authority has given him a permit and shall comply with the permit’s conditions.
(1) The delineation, construction, and closure of a road;
(2) The construction of a building, its demolition, and its reconstruction again, in whole or in part, additional additions to an existing building, and any repairs thereto, except for internal changes to the apartment itself;
The execution of any other work on the land or building and any use of them that is stipulated in the regulations as requiring a permit.
Thus, in accordance with Israel’s planning and construction law, any construction on land requires a planning procedure that is regulated by statute, and any deviation will constitute a violation.
The same planning procedure, also known as an “outline plan”, appears in the OT and is approved by the Ministry of the Interior, under which various planning committees operate, whose purpose is to carry out this specific task. A variety of committees are classified, ranging from the national council (which is responsible for developing the national outline plan) through the district committees, and including the local and spatial committees that discuss, based on their authority, the EB plans that fall under their jurisdiction.
אותן ועדות מאשרות תכניות בנייה בהתאם לתכנית התב”ע הקיימת, ולעיתים דנות בבקשות לשינוי תב”ע אשר מוגשות על ידי יזמים פרטיים, או מתוכננות על ידי ועדות התכנון והבנייה המקומיות.
Consequently, anyone planning on building on a certain land area must prepare a plan that will not conflict with the existing zoning plan, or alternatively, request that the existing zoning be changed and a new zoning be approved.
What are the contents of TBA?
A comprehensive IBA plan consists of a number of documents, the two most important of which are the regulations and the outline. In accordance with the IBA procedures (uniform structure for plans) outlined by the Ministry of the Interior, these two documents must be written according to certain guidelines in order to ensure uniformity across the various IBA programs.
The regulations: which is also called the ‘program instructions’, is a verbal description of the goals and instructions of the program. The regulations contain all the information required for the committee to approve the plan and fully specify the uses that may be made on the land as a result of its approval. בנוסף, כולל התקנון תכניות רבות של מומחים ובעלי מקצוע שונים אשר מפרטים כל אחד את פרטי התכנית בהתאם לתחומי אחריותו. Many professionals are involved in writing the regulations, including the architect, the engineer, the traffic planner, and even other consultants such as electrical, environmental quality, etc.
This is a draft It is a graphic document (unlike the regulations, which are a verbal document), containing a sketch of the IBA plan in its various details on a measurement map. Along with defining the size of the various land areas as determined by the plan, the sketch also specifies the various land designations on the surface, along with other details. For example, the location of various infrastructures as well as the route of the roads in the area. A legend is provided with the blueprint which describes the meaning of each color (usually used to indicate different land designations) and symbol (used to mark different infrastructures).
To interpret TBA, we must view the outline and the statute as complementary parts. In the case of a contradiction between the Charter and the Statutes, one of these two documents does not have inherent priority, and the resolution of the contradiction will depend on the circumstances of the case and in the language of the ruling:
In this case, what would happen if one of the Siamese twins requested to go to the right and her sister requested to go to the left? In which direction will the duo turn? In the event of a contradiction between the regulations and the outline, or between the verbal and the visual elements of the plan, what is the law? What will the outcome be? Ultimately, I believe that there is no definitive answer to the question, and that the decision may vary from case to case.”
The District Committee for Planning and Building Herzliya v. Nekar, EA 3375/97, 625; 650.
Aside from the regulations and blueprints, the IBA also contains appendices that include additional planning documents (such as the water and sewerage drainage appendix), documents relating to the property rights in the area (such as the cost mapping appendix) and programmatic documents.
Legal support is required when clarifying a TBA, changing a TBA, or objecting to a TBA
כפי העולה מן האמור לעיל, בכל יוזמה לתכנון ובניה, קטנה כגדולה, ניתן לפעול לפרשנות התב”ע הקיימת. בנוסף, לעיתים רבות דרושה גם היכולת להגיש בקשה לשינוי התב”ע, בקשה אשר כוללת מסמכים רבים אשר הכרחי שייערכו על ידי בעלי מקצוע מתאימים.
For this reason, an expert and experienced lawyer in the fields of real estate, planning, and construction is required in everything related to the inspection of the building permit and the change of the building permit. An experienced lawyer will be able to analyze the existing planning situation in the requested area (based on his familiarity with previous projects and the policies of the local committees) and recommend the structure of the plan to the client. In addition, the lawyer, along with other professionals, will accompany the preparation of the necessary documents, represent the client in various local committees and even in the courts if necessary, and finally draft the contracts and accompany the transactions associated with the real estate initiative. A lawyer specializing in planning matters and its construction, who will represent clients in opposition procedures to EPA plans submitted by other entrepreneurs which have adversely affected their quality of life and the value of their properties, will also accompany clients in opposition procedures.
Our office has a special team dedicated to handling court-related matters. Our team consists of highly skilled and experienced lawyers, architects, surveyors, appraisers and others. We provide our clients with the most comprehensive, professional, fast and efficient assistance. Please contact us if you need legal assistance regarding clarification, changes, or opposition to the courts. Please call 02-595-3322 or WhatsApp 050-811-6181.
