Uri Khudi , globes.co.il
Last week, the National Planning and Building Council decided to extend its 38-year validity for only three years - until October 2022 - and not for five years as permitted by law. The decision was made after the Planning Administration announced the end of the plan in the recent period. This also includes exceptional cases and does not necessarily constitute the final word in the debate. "Globes" answers the questions that arise from the committee's decision.
Has the National Council determined that the 38th TAMA is canceled?
No. The National Planning and Building Council accepted the recommendations of the Subcommittee on Principal Planning Issues (and the NPO) and determined that the 38th TAMA would not be renewed for another five years. The National Council also determined that the 38th MFA will remain valid until October 1, 2022. Starting from that date, the 38th GNP will no longer be valid, and buildings can be strengthened within the City Building Plan (IAA) and not a National Outline Plan (TAMA).
What does apartment owners mean? Has anyone who has not started a project to this day missed the opportunity?
In principle, until October 1, 2022, there is no change in the GDPR 38. Owners of apartments or house committees who wish to promote a project in their building can continue to do so. In fact, it is not inevitable that both contractors and local committees will now have access to the projects and may prefer to Projects are less complicated or avoid long-term processes, which means that both apartment owners and contractors will have to be much more agile in agreeing and formulating the project up to the stage of applying for a building permit.
Will all of the TAMA 38 projects stop in early October 2022. No matter what stage they are in?
The National Council has determined that any project applying for a building permit by October 1, 2022 can continue to move forward. This means that projects under TAMA 38 will continue to accompany us for many more years even after the deadline. However, a project that is not submitted for a building permit application by October 2022 will not be able to move forward on the same route later. When the contractors, for their part, sought to determine that the deadline would be to file a request for information from the local authority and not a full application for a permit, this issue remained open and would continue to engage jurors as well.
Is the National Council decision final or does it require further approval?
No further approval is required. The decision is based on Article 29 of the 38th NCA, which states that every five years the National Council must approve NGA 38 for another five years. In May 2020, the five years of TAMA 38 will end and the decision of the National Council is a partial extension until early October 2022 and not until May 2025 as it should have been originally.
Can in some cases TAMA 38 continue despite the decision?
Yes. First, as the National Council now convenes and decides to schedule the program, it can convene again down the road and make another decision on the matter. At the same time, a local authority that chooses to promote a comprehensive urban renewal program in its area or a plan under section 23 of the GDPR 38 can continue to implement the GDPR 38 as it is today until the end of the original period - May 2025.
What should a local authority do to continue TAMA 38 in its field until 2025?
According to the decision, a local authority wishing to extend the possibility of implementing the TAMA 38 in its territory must fulfill all of the following conditions: make a decision on the continued implementation of the TAMA 38 until May 2025 and approve it in the local authority by May 1, 2022; Prepare a comprehensive master plan or master plan for urban renewal that applies to a significant portion of the locality or at least one entire neighborhood, or a plan under section 23 of TAMA 38, and to submit one of the said plans for approval by a relevant planning institution by May 1, 2022. Plan only on part of the city, the GDPR will continue to apply only to that part and not the entire area of the city.
Which plan will be valid on the day after October 2022?
Following the completion of the 38th TAMA, approval to strengthen a building can be obtained through the City Building Plan (IAA). The reference to the planning area adjacent to the building requires new legislation - an amendment to the Planning and Building Law. In order to start and advance the new legislation, a government must first be formed, and the activity of the Knesset committees should return to the series. The Planning Administration talks about promoting the legislative amendment as soon as possible.
Does the decision of the National Council also refer to construction evacuation projects or only to TAMA 38?
The decision of the National Council relates only to the TAMA 38 in the two existing tracks (TAMA 38/1 and TAMA 38/2). The construction evacuation project according to the Construction Evacuation Law, continues unchanged.