Calcalist, Amitay Gazit, 29.11.2020
The law that will replace TAMA 38 is underway . Today (Sunday) afternoon, the Ministry of the Interior issued a memorandum to the law containing the rules for strengthening buildings against earthquakes.
NOP 38 is a nationwide plan that dictates to local municipal committees rules for strengthening buildings against earthquakes. The new law changes this and gives municipalities the authority to approve such plans at their discretion taking into account their planning needs.
Under the law, a local planning and building committee could approve a plan for the demolition and reconstruction of a structure that needed reinforcement against earthquakes if permission was given to build it before January 1980.
The new plan will make it possible to increase the built-up area by up to 350% of the total construction area on the land if built legally. The calculation of the existing areas does not include areas that were added to the building later and a permit was issued for their construction after January 2000. All this provided that the building that needs reinforcement is at least 2 floors, and has at least 2 housing units. In addition, it is permitted to add to the new building or buildings an additional area built for public purposes, at a rate of up to 15% of the total permitted construction areas.
Ownership of the portion designated for public purposes has been amended to the local authority, provided that the addition of public areas does not impair the improvement of the property.
The local committee has been empowered to reduce parking spaces in residential buildings in demolition and reconstruction projects, in order to preserve their profitability and allow them to materialize.
With the approval of the law, Interior Minister Aryeh Deri will establish a new regulation according to which a decision of a local committee to approve a city building plan ( master plan ) for strengthening and urban renewal. According to the outline of this law, it will also be considered a building permit. From the local committee a building permit in a procedure that sometimes lasts a year or more.
Under the new law, in order for a local committee to have the authority to approve such urban renewal plans, it must approve within 3 years (with the possibility of receiving an additional two-year kit) from the day the law takes effect a plan defining its policy across the city.
The bill raised by the Interior Ministry also includes an amendment to a law that will lead to a dramatic reduction in the possibility of receiving relief from an approved construction plan. Local committees are now allowed to approve a construction increase of about 30% on the building rights granted by a plan. Thus was born a planning bypass route in which construction companies tend to submit applications for additional construction in a way that makes the original plan unnecessary, the procedure for issuing a building permit becomes cumbersome and the construction process is delayed for months. This amendment is supposed to be a first step on the way to a self-licensing procedure in which construction companies will be able to obtain a building permit from a qualified and experienced architect, and will not have to apply to local committees.