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Another crash on the way? Metro Plan Prevents Building Strengthening Israel today

2021-10-12T11:21:34.975Z


The law stipulates that building permits cannot be issued contrary to a deposited plan • The result: it is not possible to renew buildings that may collapse, because they are within the metro


The collapse in Holon will be dwarfed by what is expected here in the coming years.

No one is talking about it among the country's captains, but the metro could lead to the collapse of countless "paper" buildings.

The definition of a dangerous structure is found in the municipal bylaws, for example the By-Law for Tel Aviv-Yafo (Dangerous Buildings), 5772-2001 stipulates that a building owner will keep his building in a condition that ensures the safety of the occupants, public safety and the security of adjacent properties.

As long as there is a suspicion that the building is dangerous, the municipality must carry out an inspection of the building.

Insofar as the municipality believes in the opinion that the building is indeed dangerous, it can require the property owner to carry out the detailed works.

To the extent that the property owner has not complied with the requirements of the municipality and has not performed the required work, the municipality may carry out the work itself and collect from the property owner these expenses.

Insofar as the municipality believes, according to an opinion, that the building is in immediate danger, it may issue, among other things, a closure order and the staff for its evacuation or immediate demolition.

Adv. Zvi again. The objections and appeals last for years, Photo: PR

A real and tangible danger

How are the metro plans related to all this?

The metro train will pass through 23 cities, along a route of about 145 km in the center of the country. The planning stage is in the stages of depositing the plans and discussions in them. That buildings that are in the areas of metro plans, which are defined as dangerous, will not be able to undergo renovation, and therefore this poses a real and tangible danger.

Many recent inspections show that many buildings have been defined as dangerous, and to them must be added the buildings built before 1980 - they have no earthquake resistance, according to Standard 413.

The importance is sharpened with the publication of Interior Minister Ayelet Shaked's proposal for a plan to fight the dangerous buildings, a solution that may allow demolition and reconstruction in an expedited procedure with additional rights of up to 800%, exemption from improvement levy and shortening procedures for approving the plan and issuing building permits.

This is in contrast to the regular route, which allows for additional building rights of up to 400%, half of what is currently offered, payment of an improvement levy and sometimes also the allocation of public space to the local authority.

The hope is to shorten the bureaucracy and add significant building rights.

The long road to renewal

It seems that recently the importance of strengthening and renovating dangerous structures seems to be sharpening, after we saw and were shocked by what might happen if it is not done so.

But it seems that the road is still long and there are many obstacles in it. 

The metro plan, which will not currently allow the renovation of buildings, or neighbors who can and do work to oppose reinforcement plans and file objections and appeals that last for many years, or an authority that is not interested in its area plus large rights, even without paying an improvement levy.

The intention is good, but in cases such as these, of dangerous structures that could collapse with each passing day, in our opinion the discretion of the authorities should be curbed and the reinforcement should be allowed without obstacles.

The state seems to believe that the solution is to increase the consideration for tenants and increase the incentive for demolition.

We believe that this is a partial solution, since it is strong that most of the tenants are interested in moving to a new apartment, but our eyes see that a major part of the problem is the great power given to the authorities.

They have a kind of veto and discretion

Whether to promote urban renewal or allow demolition in such a way of NPA 38 or otherwise. The authorities are prevented, among other things, from financial considerations of improvement levy and public infrastructure.

A combination of PA agreements, national plans for light rail and metro and a very long route, including neighbors' objections in light of the fact that these are facilitations, are the main reasons why many years after everyone is aware that action must be taken, so few homes have been renovated.

We hope that the state will take some of the discretion and Torah on a fast track to solving the problem, before it rises in the price of human life God forbid.

Source: israelhayom

All news articles on 2021-10-12

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