The Interior Committee approved: The consent of 2/3 of the residents to National Outline Plan 38 demolition and construction is sufficient (Photo: Reuven Castro)
The Knesset Interior and Environmental Protection Committee, headed by MK Yaakov Asher, approved for second and third readings the proposal to amend the law to reduce the majority required to approve the implementation of a Tama 38 project in the demolition and construction track, which is included in the framework of the Arrangements Law.
This means that today two-thirds of the building's residents (67%) will be required to file a lawsuit against a recalcitrant tenant to carry out a Tama 38 demolition and construction project, provided that the building has at least four apartments and has more than two property owners. This is essentially a comparison to the percentage of homeowners currently required to carry out evacuation-reconstruction projects.
This important decision joins a series of other significant decisions in the field of housing and urban renewal that were approved in recent days, including sections from the taxation chapter in the housing market in the Arrangements Law, such as the decision approved by the Finance Committee to increase the tax exemption ceiling for landlords who own single apartments, as well as a series of measures approved in order to facilitate the economic activity of REITs, intended to promote the rental housing market.
Discussion in the Interior and Environmental Protection Committee (Photo: Knesset Spokesperson's Office, Knesset Spokesperson's Office)
In addition, it is proposed to add a clause, similar to the one currently existing in the Pinui-Binui Law, which states that for the purpose of calculating the required majority, refusing apartment owners who oppose the project will not be taken into account on the grounds that they are unlawfully squatters on the common property, or because they split an apartment illegally.
According to the section, this request must be accompanied by evidence of illegal construction or use, in addition to the consent of more than half of all apartment owners in the building in question, where the apartment of the objecting landlord is located.
It should also be emphasized that in cases where the objecting landlord is elderly or a person with disabilities, as well as similar and other special personal circumstances - then the inspector will not approve the execution of work, as well as in cases where the transaction is not economically worthwhile, or the objecting landlord has not been offered alternative accommodation for the period of construction of the new building or adequate collateral for the execution of the transaction.
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