Amendment 101 of the Planning and Construction Law – "Balcony Reform"

Architectural or architectural

On 01.08.2014, Amendment 101 of the Planning and Building Law, also known as the "Balcony Reform" of Prime Minister Benjamin Netanyahu, came into force.
This amendment concentrates many changes in the planning and licensing system in the State of Israel. And fully dated January 1, 2016.

Today, the main points of the planning and construction regulations are brides on works and structures that are exempt from the permit. This means that from August 2014, an exemption was granted for applying for a permit for various structures and works specified in the regulations.
For the sake of good order, it is important to know that the exemption is from the need to apply for a permit, but not from the obligation to carry out the works in accordance with the provisions set out in the Planning and Building Law, the regulations, the city building plans (ZON) that apply there, and spatial guidelines as determined by the local planning and construction committee.
Please note that some of the works/ buildings still have a reporting obligation, as detailed in the regulations.

Planning and Construction Law
background
It is important to understand that the purpose of Amendment 101 of the Planning and Building Law, 5755-1965 (hereinafter referred to as the "Law"), is to streamline and improve licensing procedures without compromising the quality of construction. Among the ways to achieve this goal is to determine three licensing routes: a full licensing procedure, a shortened licensing process, and works and uses that are exempt from the permit.

Types of jobs and uses that are exempt from the permit meet the following rules:

• Engineeringly simple structures.
• Structures or works that do not create a real risk, disturbance, nuisance or environmental hazard.
• Works that have influenced the façade of the building, the environment and its characteristics, is few.
• Works that do not damage the skeleton of the building and its stability or the building's systems and functions.

In order to ensure that these buildings were built professionally and safely, for their users and those in their vicinity, the Minister of the Interior was authorized to set specifications and conditions for these types of buildings and works, and to determine types of buildings, works or uses exempt from the permit, for which there is a reporting obligation to the local licensing authority.

The general terms and conditions that apply to all works and uses specified in the regulations:

Building Permit Application - Pink Bag

The language of the regulations states that the works and uses of the exemption from the permit will be carried out by a land right holder or a right holder for them that allows the execution of works. A land right holder has the right of entry in the Land Registry (long-term rental, ownership, lease, pleasure affiliation, right of way, mortgage).
For the avoidance of doubt, a person with a right regarding the land is someone who has a contractual right in relation to the right of the record in the Land Registry, but whose right has not yet been registered, for various reasons. In both cases the right must be one that allows the work to be carried out.

It was also determined that the works will be carried out in a way that ensures the stability of the building or facility, and safety will be guaranteed for those staying in or around the building. Additional information can be found in the Planning and Building Regulations (Application for a Permit for Its Terms and Fees) 5770-1970. (hereinafter: "Permit Application Regulations")
In order to avoid damaging buildings for preservation, it was determined that the exemption from the permit would not apply in the area of a plot, site, complex, or building designated for preservation.

Until Section 145D of the Law takes effect (1.1.16), the Local Planning and Building Committee may determine additional conditions and qualifications for the works and uses specified in the regulations, on matters under the authority of the local committee. These terms were published on the local committee's website. When Section 145D of the Law came into force. These terms require planning and execution.

The exemption from the permit under these regulations constitutes an exemption from the process of issuing a building permit only and does not come in place of any other law. Therefore, an exemption from the permit under the regulations will not detract from a duty under any law of a landlord or holder of them, towards other owners or holders of such land.

List of pennies from the construction permit: Fence and Gate

Mark A - Fences and Gates
An exemption was established for the construction of a fence no more than 1.5 meters high and a retaining wall of no more than 1 meter, provided that they are not at the front of the lot facing the street, or in an open public area. Make sure that the fence does not damage existing infrastructure or drain the existing land. The construction of the wall or fence in the field of coastal environment will not prevent free passage to the public. If due to the construction of the fence or wall, height differences requiring a handrail are created according to the law, a railing must be installed over the fence or wall;

Regarding a fence erected by a local authority, a fence in infrastructure facilities, a fence in cultivated agricultural land and a fence for grazing purposes, various conditions have been established suitable for the specific use of the land. It is clarified that fencing of unprocessed agricultural land is permitted for grazing purposes only. Since the provisions regarding a fence for grazing purposes exist in the Planning and Building Regulations (exemption from the permit to work for grazing purposes in rural areas and its conditions), 5761-2001, these regulations will be amended, respectively.
In addition, an exemption was established for the construction of a fence in the area in which the National Parks Law applies, nature reserves, national sites and memorial sites 5758-1988, only if the fence is erected by the Israel Nature and National Parks Authority, under the conditions specified in the regulations, as well as the imposition of a duty to provide notice within 45 days of the execution of the work to the Licensing Authority and the Ministry of Environmental Protection. Under certain conditions, an ecologist's approval is required to attach to the notice.

In addition, an exemption from the permit to install a checkpoint or gate was established, under conditions specified in the regulations, provided that their establishment in the field of coastal environment will not prevent free passage to the public.

Mark B – Roofs and Sheds Sildot - Pergola
An exemption was established for the construction of a shading (pergola) under the conditions currently set out in the Planning and Building Regulations (Permit for Limited Work), 5763-2003, and for the construction of an awning or awning, which is connected by at least one of its tracks to the building under the conditions specified in the regulations. The construction of an awning or awning with an area of more than 20 square meters, as well as the construction of a shading, will be notified to the Licensing Authority and will be attached with the approval of a structural engineer regarding their anchoring and stability. It is understood that the provisions of Detail 4.09 for the second addition to the Regulations requesting a permit dealing with construction at intervals also apply to these regulations.

Mark C - Related Uses of the Structure
An exemption has been established for the construction, placement or installation of auxiliary information for the construction or use of land. Since it is not possible to list a list of all the auxiliary details, a basket section is established that includes examples of auxiliary components that are an accompanying and inherent use of a building or land, such as cameras, lighting fixtures, a bicycle parking facility, an alarm horn, provided that they do not have additional construction space, do not include the construction of an accompanying structure, as well as other conditions set out in the section.

This sign also exempts the permit for related auxiliary details for which there are various restrictions, such as for the installation of bars, openings and windows in the building, under the conditions specified in the regulations. In this regard, it is mandatory to provide notice to the licensing authority and the National Fire Authority within 45 days of the work being carried out, in order for the Licensing Authority and the Fire Authority to have the full information regarding the location of the bars and the escape window through which it can be assisted during a fire.

An exemption was established for the installation of a sign, the placement of a garbage disposal facility and a machine for collecting beverage containers, for placing a water heater, solar heater and colts, air conditioning system, air conditioning system or air purification system, all under the conditions specified in the regulations.

An exemption is established for the installation of bars for openings, under conditions specified in the regulations and subject to the delivery of notice to the Licensing Authority and the National Fire Authority within 45 days of the execution of the work.

In addition, an exemption was established for the permit to replace an element in the building, which can be replaced with another component with the same dimensions, provided that the component replaced will be in the same location. Replacement of an asbestos component is conditional on it being replaced with a non-asbestos component, and in obtaining the approval of the Technical Committee in order of Regulation 29(e) of harmful dust regulations. In relation to the exemption from granting a permit to replace an underground stationary gas tank, which was installed according to the permit and whose maximum content does not exceed 10 tons, a notice is required to be provided to the Licensing Authority and the National Fire Authority, within 45 days of the execution of the work, together with the approval of a labor supervisor.

Mark D - Technical Structures Addition of construction to a house on a kibbutz
An exemption was established for the construction of technical structures of limited dimensions that have no real impact on the immediate environment. This includes an exemption from the permit for the construction of a technical structure that is not intended for human stay, in the area of an infrastructure facility, provided that the area of the building should not exceed 6 square meters and its height should not exceed 3 meters. The construction of a technical structure for air monitoring, and a technical structure for cathodic protection will be permitted even in an area that does not repair infrastructure. The construction of such structures must be notified to the licensing authority within 45 days of the construction of the buildings and if approval is required under the Radiation Law, this approval will also be attached to the notice.

An exemption was also established for the installation of an air monitoring facility, under the conditions set out in the regulations.

In addition, an exemption was established from the granting of a permit to install a photovoltaic facility under the conditions currently set out in the Planning and Building Regulations (Limited Work Permit) 5763-2003, including the obligation to provide notice regarding the construction of a photovoltaic facility within 45 days of the execution of the work, together with written approval by a certified electrical engineer regarding the existence of the conditions for the installation of the photovoltaic facility and the approval of a structural engineer that the roof can carry the facility and that the facility is stable. Such a notice will also be provided to the National Fire Authority.

Mark 5 : Temporary structures and works Placement of copping on roofs
An exemption was established from granting a permit for the placement or construction of a temporary structure such as a container, tent, shed, which is placed on the ground and is not used for residential or public purposes, under the conditions set out in the regulations, for a fixed period not exceeding 120 days for 12 consecutive months or for a period prescribed in spatial guidelines – the shortest of the two. At the end of this period, the state of the land will be evacuated and restored. The period was determined so that for one year it would not be possible to place a temporary structure for a period exceeding 120 days, unless a shorter period was established in the spatial guidelines. In order to be able to monitor the evacuation of the building, it is mandatory to provide notice to the licensing authority about placing a temporary structure for a continuous period exceeding ten days, within 14 days of its placement. Such a notice will indicate the date of placement of the building and the date of its expected evacuation.

An exemption was established from the granting of a permit for the construction of a facility made of light materials, which protects those sitting in a food court from the effect of the weather in part of the year (seasonal closure) in the field of the lot or on the street, provided that it does not exceed the period set for placing such facility according to the bylaw of the local authority or according to the terms of a business license.

An exemption was also established for the granting of a permit to carry out temporary work related to non-permited work under Section 261(d) of the Law, which includes temporary infrastructure, dirt nudity, temporary structures, containers, generator and provided that they are not used for residential use. The reason for this is that the main work does not require a permit (in accordance with the provisions of Section 261 (d)), and it is likely that the work accompanying the main work will also be exempt from the permit. A condition for granting the exemption is that the temporary works are not carried out in the field of the coastal environment, except for temporary works in the field of infrastructure facility.

In addition, an exemption was established for the construction of seasonal structures for agricultural purposes such as agricultural tunnel or temporary light structures and discharges from light materials, which are transparent soil cladding or mesh cladding on arches in cultivated agricultural areas, as well as a shade net, in the measurements and according to the standards specified in the regulations and with a charge of giving notice to the Licensing Authority and the Ministry of Agriculture and Rural Development, within 45 days of the execution of the work.

Mark 6 - Warehouse and structure for the guard Indoor parking without a permit
An exemption was established for the construction of one warehouse per unit of housing, from lightweight materials in an area of 6 square meters that is not connected to infrastructure, under the conditions specified in the regulations, and to require the delivery of notice to the licensing authority within 45 days of its establishment. In addition, an exemption was established from granting a permit for the construction of a condescension structure for the guard, in the dimensions specified in the regulations.

Mark 7 – Development and accessibility work Houses under construction
An exemption from the permit for development work has been established, including the construction of a rock, ground cladding and yard flooring, provided that they are no more than 1 meter high and do not harm existing drainage and natural values. It should be emphasized that the flooring work is for the yard only and not for extensive open areas. It is clarified that in the area in which the National Parks Law applies only, nature reserves, national sites and memorial sites 5758-1988, more of the aforementioned works are carried out by the National Parks and Nature Conservation Authority only, and are limited to the construction of rocks and development walls intended for the restoration of flora and fauna, as well as the installation of safety accessories such as trails, railings, spikes and ladders, barriers and boulders. An exemption for carrying out an access road or road intended to bridge a height difference not exceeding 1.2 meters was also established.

Mark 8 – antenna, reception plate and mast Wind turbine
An exemption was established for the placement of a mast for the antenna for the reception of television or radio broadcasts no higher than 6 meters, as well as for placing a tv reception plate by satellite on the roof of a building, provided that the diameter of the reception plate does not exceed 1.2 meters, under the conditions set out in the section. It is required to provide notice to the licensing authority of the construction of a mast that is more than 3 meters high, plus the approval of a structural engineer regarding the anchoring of the mast and its stability, in order to ensure proper placement and anchoring of these masts.

An exemption from the permit to add an antenna to an existing broadcasting facility was also established by a licensee, according to the Flash Law, provided that the approval of the Supervisor under the Non-Ionizing Radiation Law, 5766-2006, was established, that the addition of the antenna does not change the public health safety range established in the permit of the existing transmission facility, and will be notified to the licensing authority in conjunction with such approvals.

In addition, an exemption was established for the addition of an antenna on an existing electricity pole, for the operation of the electricity grid only, for a length not exceeding 1 meter, and for placing a mast for a meteorological measurement no higher than 10 meters.

In addition, an exemption from the permit for the mast and a noise monitoring facility within an infrastructure facility, no more than 7 meters high, is also required, but notice of the construction of a mast that is more than 3 meters high is required to the licensing authority within 45 days of the work being carried out, together with the approval of a structural engineer regarding the anchoring and stability of the mast.

An exemption was also established for the placement of a wire antenna as well as a mast for a vertical antenna for a radio enthusiast's facility, under the conditions specified in the section. The establishment of an antenna for an amateur radio facility is required to notify the licensing authority and attach approval from the supervisor according to the Non-Ionizing Radiation Law, a copy of the building permit for the radio enthusiasts facility, according to the Non-Ionizing Radiation Law, a radio enthusiast contact station license, and in accordance with the conditions set out in the section also the approval of a structural engineer. Due to the height of the antennas, it is also necessary to send a message to the Ministry of Defense.

Mark 9 – Demolition and dismantling Dismantling the Gelber family home
An exemption from the permit for the demolition or dismantling of the structure exempt from the permit is established according to these regulations, as well as the demolition or dismantling of a structure marked for demolition or dismantling for work carried out under Section 261D of the Law and which are exempt from the permit or authorization under this section. For the demolition or dismantling of a building, the licensing authority must be notified within 45 days of execution, together with approval of the removal of the waste to the site for the disposal or treatment of building waste.

Since some of the works and structures exempt from the permit are currently included in the Planning and Building Regulations (Limited Work Permit) 5763-2003, these regulations will also be amended, and all components specified in the exemption regulations will be deleted from them.

In accordance with the provisions of the law, the regulations will take effect from 1.8.2014.

 

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    9 Thoughts on "Amendment 101 of the Planning and Building Law – "Balcony Reform""

    1. I didn't understand why they call it the Balconies Act and there is no reference to balconies.
      We are interested in closing an exit balcony to the garden in a garden apartment that already has a roof (the neighbors' balcony) and only two walls are missing in order to close it, in the municipality here we were told that it was not possible and we could not understand why.

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      • The name 'Balconies Law' was a populist name by Prime Minister Benjamin Netanyahu, in order to buy public opinion in the State of Israel.
        It's another cheap populist exercise by the government.

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      • It's called the Balconies Act as a populist marketing pan by Prime Minister Netanyahu.
        You can't close your balcony because you don't have a building percentage to do this.
        All percentages of construction were utilized by the developer-contractor who built the building in which you live.

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    2. Hi there, send a shuttle please, Anna lives in a shared building (scaling) my window from a sheriff on the roof of a room in the neighbor below me and I would like to open a door and make a balcony. It should be emphasized that the tenant did not build himself but the contractor who built the building from twenty years ago and all he bought. Do I have to get permission from the tenant below me? Do you have to pay him something? And if he refuses and just throws a crazy price, what can be done? It should be noted that in this neighborhood it is customary to do so, and there is a precedent that the Irish have done.
      As far as the municipality is concerned, should this be reported in the change ?!! I would love your answer

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    3. Hi there, I have a question please, I live in a common (terraced) building my window overlooks the roof of the next room below me and I would like to open a door and do a balcony. It should be emphasized that the tenant did not build himself, but rather the contractor who built the building from twenty years ago, and so he bought it. Do I have to get permission from the tenant below me? Do you have to pay him something? And if he refuses and just throws a crazy price, what can be done? It should be noted that in this neighborhood it is customary to do so, and there is a precedent that others have made.
      As far as the municipality is concerned, should this be reported in a change or license even ?!! I would love your answer

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      • Michael Shalom
        Any construction requires approval by the Engineering Department.
        Any construction in a condominium requires the consent of the partners in the property-building.
        The co-tenant seems to be trying to stop you from building, and brings you into a state of neighbor dispute.
        Efrat

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