Dov Cohen, calcalist.co.il.
Members of the Planning Commission Sub-Committee on Planning Issues (The Wallet) on Tuesday unanimously recommended to the National Council that TAMA 38, the National Outline Plan for Strengthening Buildings, expire on October 1, 2022. The outline is also expected to replace the existing plan. , Which will encourage the promotion of entire complexes over individual construction projects.
This outline will be implemented in a gradual manner to apply until the overall urban renewal plan is approved and approved, and includes the transition instructions that will accompany the separation process from the current master plan. It also states that building permit applications submitted to the local committee by October 2022 will continue to apply the provisions of the TEMA 38. The transitional provisions also provide for legislation to authorize the local committees to approve a detailed plan for demolition and rebuilding. Before 1980.
Underlying the changes in the outline are beyond a complex vision and a substantial delegation of powers into the hands of the mayors. In the meantime, within the framework of the new outline, the local authority will be given the authority to approve commercial and public uses in urban renewal programs, to the extent prescribed by law. This means that the law will define the maximum scope of construction in a given area, while the local committee will be given the discretion to decide on the distribution of uses, the expansion of roads and public areas as well as the consolidation of plots - something that cannot be done today.
Another significant step, which joins the move to delegate authority to local committees, is the decision that from 2022 on, approval of a plan like it as a decision to grant a permissible building permit - so that there is no need to apply for a permit separately. If this mechanism applies to the housing market, this could significantly shorten the licensing procedures for construction projects.
In addition, against the backdrop of senior construction and housing ministry officials agreeing to change the levy collection mechanism for urban renewal projects, the subcommittee decided that the possibility of collecting levy levies be assessed on both construction projects in a reinforcement track, as well as a demolition and construction track. This is in contrast to the current situation, in which an entrepreneur who promotes Tama 38 project receives an automatic exemption and full payment of the improvement levy.
The logic behind this amendment is to allow the local authority to receive a partial improvement levy even from the realization of a fixed or complex TAMA 38. This will enable the old infrastructure to be developed and meet the growing public needs as a result of the increase of residents following the projects - and not only in evacuation plans.
Much more work
The Ramat Gan municipality, known for its complex relationships over the years with the outline plan for the strengthening of buildings, welcomed setting its deadline. Deputy Mayor Roy Barzilai said following the release of the new outline that "moving to the demolition of a group of adjacent buildings allows finding better construction and infrastructure solutions than the single lot can offer." He said increasing the power of local authorities would also help in promoting new ventures: "Delegating the powers to determine betterment levies and adding uses will result in planning flexibility that did not exist before.
"It will also address the infrastructure shortage - both in liquid money, if the municipality decides to charge a better levy, and in addition to an essential infrastructure in the existing building - kindergarten, clinic or commercial - without the need to deposit a new plan." Barzilai further emphasizes that "for the local authority, the improvement levy is at a full rate, ie 100%, while the developer can offset the tax expense, so the burden on the entrepreneur or the contractor is not to overload the levy if it waives the levy. The improvement levy is the right and fair thing to do. In my opinion, it does not affect the feasibility of the projects, especially in Ramat Gan and the cities of the center.
While the municipalities supported the subcommittee's decision, among the entrepreneurs and other real estate market participants the celebration was more specific. Attorney Efrat Yedidia-Black, the owner of the law firm J. Black, who specializes in urban renewal, believes that "in terms of urban planning, the transition to renewal projects is a wise step, no doubt. However, the main problem in this industry lies in the formalization of all the rights holders and the consent of the majority of those required by the project. Legislation needs to come hand in hand that significantly reduces the privileged majority needed to implement complex projects. "
Efrat, delegating authority over local authorities will promote or even harm the urban renewal?
"Strengthening the authorities is a welcome thing, including the possibility that they will be able to decide for themselves on the various land uses. Abroad, this approach of mixed use has already been practiced, especially in the large cities where the land is limited in terms of population needs. It's time for them to act like this, too. However, the general public will also have to make adjustments on its part, after becoming accustomed to the fact that commercial and public areas are built separately from residential areas. "
Adv. Efrat Yedidia-Black Photo: Adi Zelek Weiner
Will the outline proposal on building permits help you know how to resolve the design procrastination?
"The amount of time it currently takes for an entrepreneur to issue a permit doesn't make sense. Beyond the regulation itself, the mere fact that cities' policies have changed news for mornings and not a single, mandatory outline - has been a tough barrier to advancing proceedings. I hope that in the future the planning procedures will be clearer, and the permit process will be clearer. Joets. "
As someone who accompanies entrepreneurs on various projects, let's touch on a topic that might scare them the most - would it be appropriate to impose levies on them?
"In terms of the local authority, this is certainly a positive thing, but it must be understood that as long as there is no economic feasibility for entrepreneurs - new projects will not come. If the policy is to be significantly supplemented, it may be an appropriate solution to promote both local authorities and the area of urban renewal in general. "