Real Estate Planning and Construction Lawyers
Permit Application For Construction
The procedure for issuing a permit under the Planning and Construction Law is a complex one that requires professional knowledge, a thorough understanding of the law and municipal policies, as well as knowledge of the online system for submitting permit applications.
The law requires that building permits need to be applied for by qualified professionals, usually architects or engineers. Permit applicants are called “applicants”.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
When is a building permit required and what is its purpose?
Under Section 145 of the Planning and Construction Law, 5555 – 1965, it is necessary to obtain a building permit before building a new building, demolishing an existing building, re-erecting it, making changes to the exterior walls of a building or exterior areas belonging to the property, modifying the interior of an apartment, damaging the skeleton of the building or the common property, changing a building plan in a way that exceeds what is specified in the city building plan, and other actions.
Building permits are actually building licenses issued by the licensing authority or a local planning and building committee of the local authority in whose jurisdiction the property is located. A permission of this type is limited in time and scope to the specific actions described in the application. The building permit is valid for a period of three years only, after which it must be renewed. Building permits can be obtained independently. Nevertheless, it is recommended and correct to contact the local committee or licensing authority after consulting with a professional and submitting a plan that was approved and implemented by him.
What are the steps for issuing a building permit?
First the permit applicant must submit an information request to the local planning and construction committee and provide information about the property (block and plot number, owners of the rights to the property or land, registered area of the property or land, etc.). In the second step, a construction plan must be prepared, accompanied by a professional as mentioned above, and signatures from all the owners of rights relevant to the application must be obtained. Afterwards, contact the local authority and complete an application form for a building permit along with all the necessary documentation.
During this stage, the applicant will be required to pay 20% of a fee determined by an engineer of the committee, and then the case will be taken up by the local committee for discussion. The answer will be received within 45 days if it is a shortened route or before that, and within 90 days if it is a normal route. If the committee approves the request, it will issue the applicant with a permit that corresponds to his request; if the committee rejects the application, the applicant will be allowed to appeal; and if the committee approves the request, it will issue the applicant with a building permit subject to the conditions set by the committee.
Upon approval by the local planning and construction committee, the applicant must submit the relevant payments (improvement levy, local levies, etc.), the requested documents, and then the permit will become effective and construction work can begin.
Is it possible to object to an application submitted by another person for a building permit?
As per Rule 37 of the Planning and Construction Regulations (Construction Licensing), 2016, the owner of a right to land who has received notice of the submission of an application for a permit may submit a written objection within 15 days of receiving notice of the submission; The engineer will supply a copy of the received objection to the applicant and the applicant.”
In other words, the regulation permits the authority to consider objections submitted by the owner of a right to the land who has received notice of the submission of an application pursuant to regulation 36 of the regulations and to render a decision in relation to such objections. However, for many years, local committees also used to summon those who submitted an objection and who had no right to the land in order to allow them to make their voices heard when they considered themselves to be harmed.
In the matter of 1461/20 Antrim Investment (Israel) Ltd. v. The Jerusalem Local Planning and Construction Committee, Appealing the judgment of the district court, the Supreme Court canceled the described practice and reduced the identity of those entitled to object. In the same case, the court noted that “an administrative authority is authorized only by law to act, and since this authority was clearly limited, the authority cannot extend it at its discretion.” Hence, the court concluded that the authority is not authorized to discuss any objection submitted by a particular individual, nor one submitted by public bodies or “interested parties”.
What does building without a permit mean?
Whoever, contrary to the law, refrains from applying for a permit for any reason, commits a construction offense. In accordance with the Planning and Construction Law, building without a permit is a criminal offense that may even result in imprisonment. Furthermore, committing construction offenses may prevent the offender from registering the rights and delay the process. In addition, it is not possible to get a mortgage from a bank for areas built without a legal permit, and fines and demolition orders can be imposed at the administrative level – punishments that the local committee can impose. It is an offense that expires within five years, except in cases where a building is continuously used in a manner that exceeds its purpose or without a permit at all.
How important is it to work with a specialist lawyer?
In light of the foregoing, it is evident that the process of submitting an application for a building permit is complex and lengthy and can raise a variety of legal and procedural concerns.
An application submitted with the guidance of a lawyer who specializes in the field may reduce the likelihood of mistakes and malfunctions that would delay the process and increase the chances of the application being approved. It is recommended to consult with a lawyer before making any changes to the building or its surroundings, in order to determine whether a building permit is needed and to prevent “innocently” committing building violations.
Additionally, even if the applicant’s application is rejected, he may appeal the decision. By filing an appeal with one of the following courts: filing an appeal with the District Appeals Committee, filing an appeal with the Court of Administrative Affairs or contacting the legal department of the local authority. It is at this stage that the assistance of a lawyer with experience in the field is even more crucial and can save the applicant both time and money.
In Conclusion
In view of the importance of a building permit, it is highly recommended to consult someone who specializes in the fields of real estate, planning, and construction.
Real estate, planning, and construction at Adv. Mor & Co. is a department that has a great deal of experience in both real estate transactions and planning and construction procedures.
Professional legal support is the value that leads the firm in real estate transactions and planning and construction procedures, and this in order to bring both to the desired and most efficient result for the client.
For legal advice regarding the construction permit, call now 02-595-3322 or send a WhatsApp message to the number: 050-441-1343 or contact us using the online form below and we will get back to you.
Section 145 of the Planning and Construction Law, 5655-1965
Work permitted
145. (a) A person shall not do one of these and shall not begin to do it unless the local licensing authority has given him a permit for it and shall not do it except in accordance with the conditions of the permit
(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;
Here’s what you need to know –
A “internal change” is one that does not affect the exterior of the building, does not damage the facade or appearance of the building, nor does it affect the skeleton of the building or common property, does not harm others, and does not alter the area of the apartment except for the addition of an enclosed balcony area legally;
The term “apartment” is used to refer to a room or cell, or a system of rooms or cells, intended to serve as a complete and separate unit for living, working, or any other purpose
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.
