Calcalist, Ronen Niv, 10.09.2020

After 60 years of lack of comprehensive planning in the city, the outline plan for Givatayim that was recommended for deposit in February by the local planning and construction committee, created in one a new planning reality in the city "closest to Tel Aviv" and one of the most sought after in the country.

The importance of the new plan, prepared for five years under the leadership of architect Naama Melis, lies in the horizontal planning solutions it offers, which include transportation, economic, appraisal and even scenic aspects - all formulated in full public participation - not a matter of course in our districts.

However, anyone involved in Givatayim knows that the really great importance of the plan concerns the urban renewal industry - the hottest and most passionate area in the city, which has suffered over the years from frequent policy changes by the municipality, as well as amendments to the NPA 38 itself and interpretations Those who will mainly benefit from this are construction evacuation projects - projects that for the first time receive clear priority in the new plan over all other alternatives, most notably TAMA 38.

The policy of Mayor Ran Konik, who pushed for the approval of the new master plan, is clear and uncompromising: In an interview with Calcalist. "The program also takes care of this in terms of the incentives it will provide to developers and apartment owners - among other things in terms of apartment multipliers, metric ratios and apartment size."

In fact, according to the master plan, NAP 38 in individual buildings will be allowed only in defined neighborhoods: downtown - in the area of ​​the main streets Katzenelson, Sheinkin, Sirkin, Weizmann and Borochov; in Givat Rambam, located in the southwestern part of Givatayim, The city.

An island of certainty

The stabilization of the planning reality in Givatayim is a message not only to the residents of the city but also to the other players who accompany the field of urban renewal, including the various professional consultants. One of them is the law firm of Wexler Bergman & Co., which represents both tenants and developers in many projects in Givatayim that are in various stages.

"Givatayim's new master plan, as well as the plans under section 23 of NAP 38 that are being promoted at the same time, determine the manner in which urban renewal projects are implemented in the city," says Adv. Tomer Tzadok, partner and head of tenant representation in Wexler Bergman Co.

According to him, the importance of the plans is thus expressed in two main aspects: "First, the plans create controlled urban renewal and balance the desire of apartment owners to innovate and improve their housing through urban renewal, and the need to preserve the special character of Givatayim and create public spaces and infrastructure.

"Second, the plans create certainty for apartment owners and developers working in its field in relation to possible planning, thus enabling the parties to economize their steps and manage their resources wisely as part of negotiations for an eviction-construction deal."

Givatayim Photo: Uriel Cohen 

New type of construction

Ministry Wexler Bergman Co. accompanies both projects urban renewal projects and initiatives within the TAMA 38/2 (demolition and reconstruction). Representing tenants accompanies all stages of the project - the deployment for homeowners and ordering offers different projects, through selecting other consultants, such as adjusters And Supervisor, conducting commercial and legal negotiations; leading the planning, licensing and construction stages; and ending, of course, with the receipt of the new apartments by the tenants and the registration of the new apartments with the Land Registry.

In representing developers, he also provides legal advice throughout all phases of the project: from the acquisition of rights in real estate, including in particularly complex transactions, through construction support - including drafting contracts with the operating contractor, consultants, planners and service providers, to drafting agreements for marketing buildings.

Two of the firm's major projects in Givatayim are the evacuation-construction project on Histadrut Street (Compound V, according to the Gev / 431 plan) and another project, also an evacuation-construction project, in the Hanna Szenes complex. In both projects, the firm represents the tenants.

As part of the project in Complex V, 11 old railway buildings with 208 apartments will be demolished, and four 25-story towers will be built under them, including a total of 582 housing units, along with commercial areas; In the Hanna Szenes complex, which is bounded by the Road to Peace and Haviva Reik, Remez and Hagana streets, about 320 apartments will be demolished in no less than 42 buildings, in one of the largest evacuation-construction projects in Israel.

"These two large-scale projects will change the environment beyond recognition and replace the old construction in Givatayim with new and modern construction, while creating public and commercial space - something that will surely revive the public space as well," says Zadok.

As an office that accompanies projects and specializes in planning and construction law, how do you deal with the frequent policy changes in Givatayim? Do you support the mayor's "toughening" policy regarding TAMA 38 projects?

TMA 38 has generally suffered from instability, due to the changes that the plan has had over the years as well as due to the different interpretations given to it from time to time in the various courts. We hope that all this is a thing of the past, and we certainly welcome the promotion of the various plans in Givatayim that will create the planning certainty that both the apartment owners and the developers are so desperate for.

"With regard to the tightening of the policy of TAMA 38, if we take as an example the plan of Givat Rambam that is being promoted these days, then it properly balances TAMA 38 with evacuation-construction, thus providing an answer to the urban need for renewal. For example, it was determined that on the main arteries, through Yitzhak Rabin and Derech Hashalom, high-rise construction will be allowed as part of evacuation-construction projects, while in the center of the neighborhood, smaller-scale projects of TAMA 38 will be possible.

Adv. Tomer Tzadok Photo: Yoram Reshef 

What is true of Givatayim the day after TAMA 38? Should the municipality extend the plan in its territory? How will this affect the willingness of entrepreneurs to enter into projects?

"I believe that the municipality should extend the plan in its area, especially in areas where the municipality seeks to ensure controlled construction that preserves the character of the environment, such as in the Givat Rambam neighborhood. The more the municipality precedes and expresses its position with regard to the extension of TAMA 38 in its territory, the more the planning certainty will be maintained and the developers will certainly continue to show great interest in Givatayim. "