Attorney Irit Yumtov, globes.co.il

In about a week, an earthquake in real estate is expected to take place with the entry into force of Amendment 33 to the Real Estate Law, 5768 - 2018, which deals with three-dimensional real estate registration and the creation of a three-dimensional plot.

This is one of the largest and most important legislative moves in the field, which is changing the proprietary concept and planning vision in the near future.

The changing realities of life, and especially the rate of population growth and limited land resources and the growing trend of mixed use, have led to a conceptual change whereby effective and optimal utilization of land in the State of Israel must be achieved. Amendment 33 anchors the concept, by defining a new type of plot - a "3D plot" that will be a separate issue for ownership, real estate rights, and transactions in various layers of land. The remedy means flexibility in real estate registration, which enables optimal and efficient utilization of the land and increase its marketability.

Amendment 33 allows for the registration of a specific part of the land as a 3D part, which is a volumetric unit located at the depth of the subsoil or above ground in the space above it, the boundaries of which are set three-dimensional in the plan or in writing, all under the conditions specified in the said amendment. In one source section, several 3D plots can be produced.

Simply put, Amendment 33 would allow for the partial and above-ground ownership of three-part units, and allow for different, private and public uses, each separately, with each 3D part being run separately: in registration, ownership, rights, transactions, designation And used etc.

The amendment will allow the registration of a separate right of underground tunnels for transportation or infrastructure, above which another person's right to construction on the land, and above it the registration of another person's right to a bridge located above ground, and the regulation of the proprietary relationship between all rights holders.

The need for Amendment 33 is required because of the existing legal situation, where ownership rights cannot be transferred and registered in parts of different land layers. This is in light of the provision of section 11 of the Land Law, which states that, as a rule, ownership of an area of ​​land is spread throughout the depth below the land area and in all the space space above it; And also in view of the provision of section 13 of the Land Law, which states that a transaction in a certain part of the land is invalid, with the exception of exceptions provided for in the law. In addition, in practice, ownership rights cannot be registered in parts of different layers of land, since the Land Registry defines the land in a two-dimensional manner.

In terms of the real estate industry, and certainly in the field of mixed use, this is no less than a revolution. A treasure chest in the ground. You only have to dig and discover it. Was to engage in a specific section of real estate and register it separately and sell it separately.

Also, through the amendment, it will be possible in appropriate cases to disproportionately expropriate land. Thus, only the necessary portion of the land can be confiscated and not all of the parcel, and ownership of the remaining land will remain owned by the original owner of the land. It should be noted that in accordance with the amendment, units in the common house will not be registered as three-dimensional plots, and for which the existing unique arrangement of joint house registration will continue. But a three-dimensional shared house can be listed, for example, in the case where the house is above road roofing.

The said revolution means that the industry Real estate will be required to replace a floppy disk to embed the new tool in city building plans and consolidation and / or subdivision grants and to allow the designation and maximization of above and below-ground building rights for commercial and public uses.

In light of the amendment, landowners and entrepreneurs will be required in real estate transactions to examine from now on the effect of Amendment 33 on defining the rights included in the transaction and, as appropriate, considering using this new tool to preserve their rights.