licensing and statutory (lesson 4)

Question 1

What is the management of authorities? (הנהלת הרשויות)

Answer 1

The management of the authorities sees the vision for the city in a few decades from today.

She is the one who guides the engineering department and supervises the construction process until the completion certificate is issued.

Question 2

What is a building permit?

Answer 2

Building permit - the official authorization to carry out a construction operation on the land. The law determines what is required in a permit and what is not.

Question 3

Who decides what requires a permit?

Answer 3

The Minister of Finance can decide what requires a permit and what does not.

Question 4

What are things that do not require a permit?

Answer 4

• Internal renovation of the house does not necessarily require a permit, but the regulations on the subject must be observed.

Question 5

What is a factor that decides the granting of a permit?

Answer 5

The granting of the permit depends on the period of time that the building is supposed to stand on the ground as well as the definition of what a building is.

The question is what is temporary. Sukkah is temporary? Is a trailer temporary? The evacuees of Gush Katif placed caravans that were used by them for two years and connected them to the infrastructure. For a sales stand, should a building permit be issued?

Question 6

What is licensing?

Answer 6

Licensing - individual execution order

Question 7

When is a permit no longer valid?

Answer 7

If permit is issued and not carried out within a year then permit is no longer valid and new one must be issued.

Question 8

How long is a permit valid?

Answer 8

If construction has indeed started, the permit is valid for 3 years. If the construction is not finished within 3 years, you can request an extension of the permit.

Question 9

What is the Zeiler Committee?

Answer 9

The Zeiler Committee - A state investigative committee regarding the safety of buildings used by the public.

After the Versailles disaster in 2001 (a large portion of the third floor of the Versailles Wedding Hall collapsed in Jerusalem), a state investigation committee was established named after Judge Zeiler who was entrusted with finding the failures. He went from city to city and checked all the regulations regarding the Pel Keel buildings and found over 500 contradictions in the instructions. He realized that it is not possible to conduct himself this way and decided on a serious reform in licensing and statutory regulations.

Question 10

What are the 3 tracks of reform in the licensing procedure and for how long is each valid? (licensing = רישוי, remember ishoor)

Answer 10

1. Exemption of licensing (0 days)
2. Abbreviated licensing (45 days)
3. Full licensing (up to 90 days)

Question 11

What are the 4 factors of exemption from a license/permit, and what are 4 examples?

Answer 11

Exemption from the permit (0 days):

Factors:
1. Engineeringly simple
2. They do not create an environmental risk or hazard
3. Do not damage the skeleton of the building
4. Without the intervention of the licensing authority

Examples:
1. Warehouse up to 6 square meters
2. Pergola up to 50 square meters
3. Canopies
4. Awnings

Question 12

What are the 3 factors of abbreviated licensing from a license/permit, and what are 3 examples?

Answer 12

Abbreviated licensing (up to 45 days):

Factors:
1. May not create a risk
2. Do not significantly affect the appearance of the building
3. In the absence of a decision, automatic licensing

Examples:
1. Building additions up to 25 square meters
2. Closing a balcony
3. Adding an elevator

Question 13

What are 6 things that abbreviated/shortened licensing does NOT apply to?

Answer 13

1. A plan that includes relief / nonconforming use
2. A plan that requires approval from an official institution as a permit condition
3. A building intended for conservation
4. An application that contains strengthening against earthquakes
5. A plan that includes a new construction method
6. A plan that includes an addition to a unit.

Question 14

What are the 5 factors of full licensing?

Answer 14

Full licensing (up to 90 days): (all other permits).
1. Nonconforming use (Nonconforming use in urban planning is a type of zoning variance where a parcel of land may be given an exception from current zoning ordinances)
2. Road marking and paving.
3. Construction / demolition of a building.
4. Addition to an existing building (except for internal changes).
5. Any work on the ground: including digging, filling, leveling or water drilling.

Question 15

In the absence of a decision of full licensing, what can the submitter do?

Answer 15

In the absence of a decision: the submitter has the right of appeal to the district committee.

Question 16

What is the licensing procedure?

Answer 16

The licensing procedure is:
- Abbreviated licensing up to 45 days
- Procedure with relief/nonconforming use up to 90 days

Question 17

What is הקלה (relief/easement/mitigation translated)?

Answer 17

הקלה / Relief/easement is the possibility of a deviation from the provisions of a detailed plan (TABA) that applies to the lot where the permit is requested
- Intended to allow flexibility
- As part of a relief procedure, it can be approved as long as it does not amount to a “significant deviation.”

Question 18

What is שימוש חורג (nonconforming use, extraordinary use translated)?

Answer 18

שימוש חורג / Extraordinary/nonconforming use is the possibility of temporary use of an existing building contrary to the purpose stipulated in the original building permit.

If the requested use corresponds to the permitted uses according to the detailed plan in place, this is “use exceeding the permit” and it can be limited in time. If the requested use does not appear in the list of permitted uses according to the city building plan that applies to the lot (TABA) - you must request.

Question 18

What is שימוש חורג (nonconforming use, extraordinary use translated)?

Answer 18

שימוש חורג / Extraordinary/nonconforming use is the possibility of temporary use of an existing building contrary to the purpose stipulated in the original building permit. If the requested use corresponds to the permitted uses according to the detailed plan in place, this is “use exceeding the permit” and it can be limited in time. If the requested use does not appear in the list of permitted uses according to the city building plan that applies to the lot (TABA) - you must request

Question 19

What are the 7 steps of the licensing procedure?

Answer 19

1. Information required for the permit (30 days) - reception of a request for information in an available licensing system (application editor - architect / engineer), reception in a local information system, checking compliance with threshold conditions. Licensing reporting is available and receiving an information sheet.
2. Spatial control - building rights, infrastructures, municipal surveyor, engineering coordination.
3. Design control (30 days) - transfer of an information file for available licensing, and delivery to the applicant.
4. Issuance of a building permit and summary (30+10 days).
5. Approval to start work.
6. Performance control.
7. Completion certificate: issued by the local committee and says that the permit has been completed. Allows connection to electricity and water infrastructure.

Question 20

What are control (examination) institutes and how many are there? (מכוני הבקרה)

Answer 20

The control/examination institutes:
- Pass criticism on the plans to the architect and consultants
- Correct the faults they identify.
- 6 control institutes in Israel

Question 21

What are the 4 jobs of the control/examination institutes?

Answer 21

1. Safety
2. Human Protection
3. Environmental protection
4. Construction defects.

Question 22

What are spatial guidelines?

Answer 22

Spatial guidelines -
- New definition
- Link between the TABA, policy and conditions for the permit, determining how the appearance of the building will look in relation to the neighborhood
- Ensures from an environmental or urban point of view there will be some kind of uniformity that will contribute to the integration of the building into its environment.

Question 23

What are the advantages of spatial guidelines?

Answer 23

Advantages - certainty, transparency, uniformity.

Question 24

What are the disadvantages of spatial guidelines?

Answer 24

Disadvantages -
- Obtaining procedure is problematic
- No compensation according to section 197
- Not possible to obtain concessions to a large extent
- Difficulty in balancing the need for certainty with the need for flexibility.