basic principles in planning and construction law in Israel (lesson 1) Flashcards
What is statutory planning?
The plan of all the rules that exist in the laws and regulations (grouped into one product).
Once these urban plans are approved, they become a legal document and cannot they be opposed.
What is the hierarchy of laws? (TERM: HIERARCHY OF LAWS)
The basic laws are at the top of the pyramid (we must not damage people’s property).
top - bottom:
- Basic laws
- “Normal” rules
- Standards (regulations) / תקנות
- TABA / תב”ע (Orders, rules, standards, city building permits)
What happens if planners expropriate landowner’s area in favor of public areas? (TERM: EXPROPRIATION)
When planning a neighborhood (in macro), sometimes we may expropriate land owners’ areas in favor of public areas such as roads.
But this does not mean that landowner will lose, since this will amount to compensation for him - he can receive additional building rights OR money for the decrease in the value of the property by submitting a petition to the District Court.
How do the legislative institutions try to balance interests through planning? (TERM: BALANCE OF INTERESTS)
Balance of interests can be: economic, social, cultural/religious, security, health / environmental.
For example, if an authority is required to issue a permit for a certain factory located near a residential neighborhood, it would like there to be less pollution and noise. This does not suit the entrepreneur, and in many cases it will reach a court that will balance in terms of interests.
Before arriving at court there are many stages and committees to go through. The authority knows that things have to be economical and if the plant is not economical by a certain degree, the authority will try to give it more so that it can not pollute the neighborhood.
How is the balance of interests social?
Many balance of interests are social because you have to find the balance from a social point of view.
Ex. building schools and community centers that are not suitable for neighbors who want peace. The residents know they can express an opinion. You have to find the balance from a social point of view.
What changed the institution of planning in 1965?
The Planning and Construction Law 1965:
The planning has changed from:
An individual planning that deals with the physical aspect of the buildings (buildings/housing managed by the architect)
–> To a systemic planning that sees the city as a functional economic system that needs to take care of the relations between the different groups in the city (managed by architects with different consultants).
What is the principle of legality?
The principle of legality is a basic principle in criminal law in all legal methods, according to which “there is no crime and no punishment for it unless it is established by law or according to law” and “there is no retroactive punishment”.
A basic principle in criminal law states that a person is given the freedom to do anything that is not expressly prohibited by law.
What is the principle of legality intended to protect?
The principle of legality is intended to:
- Protect human rights
- Preserve the principle of the rule of law and individual freedoms
- Limit the power of the government and the public administration (opposite to older governmental concepts, which hold that the government is above the law)
What is an administrative order?
An administrative order - order that authority can issue if it sees that someone has built without a permit. After 30 days she loses this authority and then she goes to court.
Ex: When people build a sukkah, if no inspectors are sent at the end of the sukkah, the authority loses the authority to take down that sukkah hut.
What is a temporary order?
Temporary order is a law whose validity has been limited in advance
- Ex: Law on extending and holding discussions in visual consultation (the new corona virus)
- Law to promote construction in preferred housing complexes
- Permit to increase residential use or add other uses
What is an emergency regulation?
- Subsidiary (like daughter) laws
- Do not require the approval of the Knesset (not legislative authority)
- Cannot last more than 3 months.
Ex. Corona crisis emergency regulations: postponement of deadlines for payment of fines (corona crisis emergency)
How did the legislative system for construction change since 1965?
- Before 1965 if you had a lot and caused a nuisance you would pay a fine. Once cities started to develop it was not enough.
- After 1965, systems had to be built that would also allow for the allocation of public buildings, schools, parks, police stations and employment areas.
- It is impossible to expropriate all kinds of private plots without a supporting legislative system, justifying the existence of Planning and Construction Laws.
What is spatial wealth distribution?
Spatial wealth distribution - maintains property rights, between the periphery and the center and between private and public.
It is one of the things that justifies the existence of Planning and Construction Laws.
What is distributive justice?
Distributive justice - how to distribute land resources fairly and equitably; allow us to reduce social gaps.
It is one of the things that justifies the existence of Planning and Construction Laws.
What is a person’s property right in real estate subject to (Planning and Construction Law)?
A person’s property right in real estate is subject to the outline plans applicable to the land, and the limitations of the law (by virtue of the Planning and Construction Law)
That is, when a person buys a lot, he buys it subject to the limitations of the master plan of the area. (ex.If the area is intended for residential use only, he cannot set up a business there)
