The Marker, Yael Darel, 06.09.2020
The delay in the Budget Law and the Arrangements Law last week led Interior Minister Aryeh Deri to separately promote an amendment to the Planning and Building Law that would allow certainty for the housing market. This is what TheMarker learned. Deri instructed the Director General of the Planning Administration, Dalit Zilber, to promote a memorandum of the Planning and Construction Law that would incorporate major reforms in the field of planning and construction - centered on the completion of NAP 38 and the formulation of a route to replace the plan.
The principles of the law memorandum obtained by TheMarker show that instead of the currently complex calculation of rights for TAMA 38 projects (according to Amendment 3A) - the new law will allow a simple calculation: in buildings built up to 1980 intended for reinforcement, additional rights of 200% will be allowed. And service) and in buildings on the route of demolition and construction the additional rights will stand at 350% (main area and service).
According to the main points of the new memorandum, in buildings up to 10 floors that will be promoted in the route of strengthening buildings - the local authority will be able to receive areas with an average volume of an entire floor, for the benefit of public and commercial areas. Currently this is one of the most significant difficulties facing local authorities, which need additional space for the benefit of new residents in these projects, and now the local authority can build private kindergartens on the ground floor, or other uses such as a library, community day center and other public or commercial uses. In the process of demolition and construction, the local authority will be able to obtain areas of a higher volume that will reach up to two floors from the building.
Senior officials involved in the process noted that "those who currently carry out construction clearance projects require it in public areas and commercial areas, and those who do TMA 38 are not obligated to anything." Now the rules of the game are changing. If you do a project that has a public and economic burden on the local authority, it will be able to determine both public areas and commercial areas for its benefit. "
Under the new law, when it is drafted, the planning powers will be entrusted to the local authorities. In the authorities where a plan has been formulated under section 23 of the NPA, they will have to make a decision whether they continue to promote their normal policy - similar to the district plan in Tel Aviv - or whether they operate according to the new format proposed by the law. When the legislative process is completed, the authorities will be required to declare their position in order to allow certainty for entrepreneurs operating in their territory.
Dalit Zilber Photo: Inbal Marmari
Elimination of facilities for entrepreneurs
Another major issue that will be anchored in the new law is the abolition of the facilities for entrepreneurs, in a way that will apply immediately to all new programs. The new situation will eliminate the current practice, according to which the developers return each time to the local committee or the appeal committees. Sources involved during the conversation confirmed that "once the permit is in line with the plan, there will be no right of appeal - and those who receive the power and authority are the engineering departments and city engineers. This will not only allow certainty, For planning and construction, which are ultimately political committees. "
In addition, the new law stipulates that in a situation of strengthening a structure, a preliminary opinion of a constructor will be required, which will determine whether the structure can be strengthened at all. This, in view of situations that have occurred in recent years, in which signature contractors signed tenants and promoted projects - in the buildings that later it became clear that there is no engineering possibility to strengthen.
With regard to compensation for tenants, the law is expected to align with the updated policy of many local authorities in the center of the country, according to which, except for the addition of a storage room - the usual area is 12 square meters - there will be no obligation to provide additional space for apartments. Nowadays, in many places it is customary to grant additions of areas ranging around 25 square meters, but recently large authorities such as Tel Aviv and Holon have reduced the additions to the minimum necessary, along with reducing additional benefits such as parking standards.
One of the other principles that will be addressed in the new law will be an improvement levy, which has so far been exempted. Under the new law, the sweeping exemption from improvement levies will be abolished unless public and commercial areas are built as part of the project for the use of the local authority.
The new amendment is in line with the Planning Administration's policy, according to which NPA 38 did not achieve the main purpose for which it was established - strengthening buildings against earthquakes, since it is almost not implemented in risk areas. Without addressing the infrastructure and public needs needed by the resident.
The Planning Administration confirmed the details and noted that this is in line with the Planning Administration's position, both on the issue of the end of NPA 38 and the termination of the concessions. The state, but as stated it was decided to promote them soon as part of legislation.
Zilber has stated in recent months regarding the cancellation of the relief that this is also of paramount planning importance. "When I walk down the street, I want to see exactly what was approved - the plan it took into account, all the aspects that are important to the resident's life. These facilitations, often come at the expense of planning and execution quality and even add a significant 'hump' to the permit and construction schedule. ", Where the relief is given, which should be a technical and short stage becomes long and cumbersome due to the relief," she said.
Haim Feiglin, Vice President of the Builders' Association of Contractors, said in response: "The new outline anchored in point-by-point urban renewal legislation for a single building on one lot is a positive move. Amending legislation should provide more certainty than a national master plan 350% up to 10 floors maximum - also worthy. However, the Association of Contractors Builders of the Land believes that expropriation of a public floor can not be dictated in any single building, and certainly not two floors. There is no economic basis for this, so it is not possible and will not exist.
"Also, if the exemption from improvement levies currently granted under NPA 38 is revoked - there will be no economic feasibility for the new alternative outline. Keep in mind that even in the proposed new layout, the developer is supposed to take care of the existing tenants in the original building, provide them with alternative housing for the construction period and the aisles. These additional costs are borne by the developer, so it is also not possible to impose on him the costs of building public areas and certainly not improvement levies.
"The Association of Contractors of Builders of the Land believes that NPA 38 should not be repealed until it is proven in practice that the outline proposed in the alternative legislation works and achieves what is expected of it. Therefore, at least five years of overlap must be allowed between NAP 38 and the proposed outline. "If the problem of the urban economy is not solved by budgeting the municipalities, and not by shifting the burden to developers and the public through apartment prices - it will not be possible to develop urban renewal and construction starts will hurt."