Nothing can prepare you for the moment in which they inform you that there about to demolish your structure within a few hours. A situation where you arrive to your asset and see an order with pictures and charts pasted on its front is very stressful!!!. This isn’t a simple announcement, and it is such that mostly requires you to act as fast as possible, since you are now literally in a race against time. You can file in such a case a petition to revoke the demolition order, but it is important to file it as fast as possible without the assistance of the relevant factors.
The Common Reasons why you received such an Order:
- Following a complaint that was submitted to the department of the supervision over construction at the local authority several authorities are requesting the details of the complainer and that he will sign a complaint form in order to summon him to testimony at court later on in the process.
- You committed a construction violation and a neighbor in the building is requesting of the supervisor over the construction to inspect that there is no concern to the structure’s stability.
- An official of the municipality passed in the area and he saw that an unprofessional construction is being done and he wishes to examine it.
- A certain local authority produces at every certain period of time new aerial photos in order to see if there are any construction differences compared to the old photos.
What are the Steps and Considerations in the Process of Issuing an Administrative Demolition Order?
- If the supervisor over the construction saw that forbidden work is being done within certain dates, then he will prepare a report about this in accordance with article 221(a) of the law.
- If the manager saw that you need to act in accordance with the enforcement policy by way of issuing an administrative demolition order, then he will order to open an administrative file (a demolition order) in the computerized system.
- The supervisor will fill an affidavit and add it to the administrative file.
- If the issuer of the order decided that an administrative procedure needs to be taken in this case, then he will consult the matter with the criminal department.
- When the terms for issuing an administrative order were fulfilled, the case will be brought to the issuer of the order in order to reach a decision. If the issuer of the order decided to issue an administrative demolition order, he will then sign the full order and transfer it to the manager so he will continue the handling of this matter. If the construction in question was built in a forbidden manner, then the administrative demolition order needs to include in it an instruction to cease the use of this construction.
- The service of the administrative order will be done in accordance with the instructions of article 226(b) of the law, and the supervisor will paste the order to an exterior wall or on the door of the building or in another conspicuous place and he will document the pasting of the order when it is done or close to that date, and he will add this documentation to the administrative file (demolition order) for the purpose of following up on any breach of the order, if it will be breached.
- If the enforcing authority is not a local committee, then the issuer of the order will inform the head of the local authority about the provision of the order after it was pasted, and the notice and confirmation that the order was received will be added to the administrative file.
- The manager will transfer to the committee’s prosecutor an application for registering a caveat about the demolition order in the land registers.
- The manager will transfer to the police a request for assistance in the execution of the administrative order immediately upon its pasting.
- The supervisor will follow-up that the factual state of the area is in accordance with the guidelines, and he will do so before the order is executed in order to trace violations and building additions after the order was pasted. If the supervisor will find such violations he will act accordingly.
- The administrative demolition order will be done in accordance with the guidelines for performing orders.
- After the administrative demolition order is performed, the supervisor will fill a supervision report and transfer it to his manager who will summarize the case and confirm that the execution process was completed.
Like a thunder on a clear day: an administrative demolition order
Is it possible that one day in the future you will be taken by surprise like a thunder on a clear day by a demolition order? The answer is yes and no. On the one hand, you cannot really prepare yourselves for the receipt of such an order that its repercussions are known and irreversible. On the other hand, the local committee does all it can to reduce the phenomenon of building without permits and approvals.
It is important to mention that there were cases in the past in which eventually, the structure that was issued a demotion order was not demolished. Once you receive the order you need to act and exhaust every possibility at your disposal. Is it reasonable that the order will be revoked? The answer is yes.
Will they demolish my structure?
According to the instruction of article 222C of the law a demolition order is exercisable:
- In regard to forbidden work that hasn’t been completed yet (on the day the affidavit is filed) – after four days from the day the order was pasted have passed.
- In regard to forbidden work that was completed (on the day the affidavit is filed)- after seven days from the day the order was pasted have passed.
A petition to revoke an administrative demolition order must be filed immediately!. The demolition of the structure can be done within a very short time and up to 30 days from the day the demolition order is issued. This a very problematic time window that requires you to act as fast as possible.
Who pays for the Demolition?
When a demolition contractor comes to demolish a structure that was constructed without a permit, which you paid for it out of your pocket, you have to pay for this demolition!.
If you want to delay or revoke the demolition order? This is what you have to do
Since receiving a demolition order is sort of a stressful and unexpected event it leads many to hastily file a petition. The result of this is very problematic. Filing the petition must be done thoroughly, in a controlled manner and professionally. In order to file the petition you need to address a professional who knows the laws, the restrictions and the windows of time, the parties who are involved in the decision and the rights you have. Addressing someone who is not deeply familiar with the characteristics of a petition to revoke an administrative demolition order may cause damage and not help in a situation that is already irreversible.
It happened more than once that the revocation of a demolition order “fell between the cracks”, meaning the revocation was not brought to the attention of the demolition contractor of the municipality, and the latter came and demolished the structure in question because he believed that the order is in effect.
Why is important to choose us?
The office of “Gil Klinger Project Initiation”, which has a credibility mark of Dun & Bradstreet Israel, specializes in planning and construction, in the filing of petitions for building permits, in retroactively qualifying construction excesses and in expediting building permits.
We have an experience of more than 20 years of being acquainted with the relevant planning institutions and licensing officials, and we are familiar with all their requirements. We succeeded in learning all the parameters that surround the filing of a petition in a way that will maximally exploit your rights, and this gives us and you a significant advantage that allows us to assist you in whatever is required.
Our offices’ team of experts consults, plans, provides ongoing services and handles the process from the day you received a demolition order and until the building permit is issued by the various planning authorities and officials. Our office works transparently throughout all the stages of the process, as well as discretely and with an orientation to maximumly shorten the timetable, while providing a top-notch service to our clients.
You need us! Address us even today for a consultation meeting
We invite you to address us for a professional, efficient and fast consultation in order that we will learn and examine your case, and we will recommend you what is the correct and appropriate way to act while fully considering the tight schedule.