Most construction excesses are in fact additions and changes in buildings that are done without receiving a building permit from the local authority, and sometimes they are done in contrast to the permit that was given to the building.
In most cases the construction excesses are done knowingly, and sometimes during the construction itself, like in the cases of exceeding the lines of the building or the boundaries of the lot, which are considered very serious violations.
On the other hand, most people think that if they will close a space in the house or add a gallery in order to increase the apartment with another room, or they will close a balcony, or add a storage, or dig under the house, because “it does not bother anybody”, then they do not need or require any approval.
An additional common type of construction excesses is splitting an apartment to a few smaller residential units or operating a business in a residential building. The living area or work area that suited you up to a few years ago does not necessarily suit you today, and as long as you have construction rights that weren’t exploited yet, you can ask to change the designation of the asset. Every change in your asset needs to be approved in advance by receiving a building permit for it. If you are making a change in the asset without a building permit (no matter its size or scope) you are violating the Planning and Building Law, which is a criminal offense!.
Construction excesses are a complicated and very sensitive matter – both for the people who are making theses construction excesses and for the authorities themselves. My recommendation to you is a conclusive one: do not make a change in the asset without receiving an approval for it!!!. If you made such a change in good faith and without knowing the law, then “Gil Klinger Project Initiation” is here to assist you in all kinds of construction excesses.
Construction Excesses- What is the Meaning of that?
If you are the owner of an asset that is registered in your name, and you believe you can do with as you wish….if you wish to make a planning modification in the asset, you need to file an official application, which specifies the changes you wish to do. The application is submitted by a licensed architect/practical engineer depending on the type and size of construction you wish to do. The planning and construction committee will examine your application.
The qualification of construction excesses is relevant for you in the following cases:
- You made a change or building addition without receiving a building permit
- You made a change that is in contrast to a building permit
You must initially examine the asset!
An initial examination of the asset and its planning state by our office will save a lot of time and money, you can draw your planning processes and avoid unnecessary aggravation in the future. You are ethically obliged to invite us before thinking about the construction in order to guide you in taking the correct and most appropriate legal way for you while maintaining your financial interests. Lately, amendments were added to the Planning and Building Law and to the regional regulations, which expedite the receipt of the permits within a fast lane.
I Committed a Construction Violation- what is my penalty?
Amendment 116 of the Planning and Building Law that was approved on the 25.10.2017 was meant to increase the enforcement against construction violations, and it created a significant change in the field of construction violations.
These are new regulation that came into effect and they include heavy administrative fines for construction violations and for construction that isn’t according to a building permit.
These violations are criminal offenses, and in the past, in order to enforce them the State of Israel was required to hold long legal processes at the municipal courts in order to convict the construction offenders.
These procedures were long and exhausting for the courts and for the local authorities, and they cost the State of Israel a lot of money. The meaning of the new regulations is that the construction superintendents at the local authorities can immediately give heavy fines against the offenders without holding a trial.
The New Regulations broke New Ground and Determined that the Administrative Fine for:
A construction excess of more than 100 sq m – will be NIS 300,000
A construction excess of 100-75 sq m- will be NIS 200,000
A construction excess of 75-50 sq m – will be NIS 100,000
A construction excess of 50-25 sq m- will be NIS 50,000
A construction excess of 25-10 sq m- will be NIS 25,000
By approving these regulations, the Ministry of Justice conveyed a clear message, and a new window of opportunities, which is different from the one we knew before, was opened against construction offenders. In addition, this step strengthened the power of the construction superintendents at the local authorities because it put them in the front as law enforcing officers.
Qualifying Construction Excesses – How can we help you?
Gil Klinger Project Initiation is a senior municipal expert who has more than 20 years of experience in the field, and he provides a full service, which exempts you from dealing with the bureaucracy that surrounds the matter of qualifying construction excesses until the building permit is received.
What will we do for you?
- At the first stage we will conduct initial inspections with the department of supervision over the construction at the municipality that their goal will be to understand whether it is possible to qualify the excesses, and if so how to do it.
- As long as there is a probability of qualifying the construction excesses, we will go ahead by preparing a plan for the receipt of a building permit. The plan is prepared by a licensed, skilled and experienced professional in the field of building permits, and we will submit this plan to the local committee of planning and construction at the municipality and await till we will receive an answer.
- If the committee will decide to approve the application, then the municipality will provide a list of demands, which is filled with restrictions and laws, and we will have to implement these demands.
- The last stage is to use all the consultants and exercise all the emphases in order that eventually we will receive the building permit.
Why is it preferable to avoid construction excesses in advance?
As aforesaid, we can accompany you in the entire process of qualifying the building excesses. However, it is always preferable to take the highway and make the changes only after the building permit is received.
What are the consequences that derive from construction excesses?
- First of all, you are committing a criminal offense!
- The changes that were done against the law may hurt the stability of the structure and endanger lives and the security of the public and of the neighbors.
- You can be fined with a fine that may reach hundreds of thousands of NIS.
In order that they will not demolish what you built! Avoid large fines! Call us even today in order to receive professional services and consultation on how to qualify construction excesses.
