Evacuation-Construction Law (Encouragement of Evacuation-Construction Projects), 5766-2006
חוק פינוי ובינוי (עידוד מיזמי פינוי ובינוי), תשס"ו-2006
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Definitions§
In this Law –
"parents' home" – an old-age home as defined in section 49m(d) of the Real Property Taxation (Appreciation and Acquisition) Law, 5723-1963;
"condominium" – any of the following, provided it contains at least four apartments:
"building for evacuation-construction" – (Repealed)
"apartment", "apartment owner", "common property" – as defined in section 52 or 77a of the Land Law, 5729-1969, as the case may be;
"replacement apartment" – as defined in section 17 of the Government Authority for Urban Renewal Law;
"building permit" and "plan" – a permit and a plan as defined in the Planning and Building Law;
"the Urban Renewal Committee" – (Repealed)
"the Land Law" – the Land Law, 5729-1969;
"the Planning and Building Law" – the Planning and Building Law, 5725-1965;
"the Government Authority for Urban Renewal Law" – the Government Authority for Urban Renewal Law, 5776-2016;
"evacuation-construction cluster" or "cluster" – a condominium or a cluster of condominiums that must be evacuated in order to erect a new structure in an evacuation-construction precinct pursuant to a detailed plan;
"evacuation-construction precinct" – an area declared as an evacuation-construction precinct pursuant to section 14 of the Government Authority for Urban Renewal Law;
"evacuation-construction transaction" – a contract between a developer and an apartment owner in a condominium, under which the apartment owner in the condominium undertakes to sell all or part of his rights therein for the purpose of demolishing the condominium and erecting a new condominium in its place in accordance with an evacuation-construction plan, to which is attached a power of attorney from the apartment owner to the developer or to a lawyer on his behalf for the performance of the acts required for the implementation of the contract, and which includes, inter alia, all of the following:
"first evacuation-construction transaction" – an evacuation-construction transaction signed by one of the apartment owners in a condominium, which was not preceded by an evacuation-construction transaction between the same developer and another apartment owner in the same condominium;
"elderly person" – an apartment owner in the condominium who, at the time the first evacuation-construction transaction was signed, had reached, according to the Population Registry records, the age of 70 years, and at that time had resided in the apartment in that condominium for at least two years;
"attributed majority of apartment owners" – apartment owners in the evacuation-construction cluster who own at least two-thirds of all the apartments in the cluster, and in whom both of the following conditions are met:
"attributed majority of apartment owners for the purpose of determining economic viability" – apartment owners in the evacuation-construction cluster in whom both of the following conditions are met:
"the Government Authority for Urban Renewal" – as defined in the Government Authority for Urban Renewal Law;
"valuers list" – a list of real property valuers qualified to serve as evacuation-construction valuers as referred to in section 2b;
"evacuation-construction valuer" – a valuer appointed pursuant to the provisions of section 2a(b);
"evacuation-construction plan" – a detailed plan whose purpose is the demolition of the condominium and the erection of a condominium in the area of an evacuation-construction precinct;
"detailed plan" – a plan that includes provisions enabling the grant of a building permit or a permit for use without the need for the approval of an additional plan prior to the grant of the permit, or a plan in respect of which the only condition for the issuance of a permit within its area is the approval of an additional plan as referred to in section 62a(a)(1) of the Planning and Building Law.
Convening of Apartment Owners in the Condominium and Delivery of a Principal Proposal Document§
Notice of the Signing of a First Evacuation-Construction Transaction and Delivery of Transaction Documents§
Cancellation of an Evacuation-Construction Transaction by Decision of a Majority of Apartment Owners§
Where an evacuation-construction transaction was signed before a meeting of apartment owners in the condominium was convened or before a principal proposal document was delivered as referred to in section 1a, a majority of the apartment owners in the condominium may decide to cancel the transactions, as long as 40% of the apartment owners in the condominium have not yet signed such transactions; where a decision to cancel transactions as aforesaid has been made, written notice thereof shall be delivered to the developer, and the apartment owners who entered into the transaction shall not be regarded as having breached their engagement with the developer.
Validity of an Evacuation-Construction Transaction§
Form and Content of an Evacuation-Construction Transaction§
Remedies for Unreasonable Refusal to Perform an Evacuation-Construction Transaction§
"person with a disability" – as defined in section 5 of the Equal Rights for Persons with Disabilities Law, 5758-1998;
"adaptations" – modifications or installations in the apartment or in the common property of the condominium in which the apartment is located that are required by a person with a disability, by reason of his disability, for the purpose of his safe and independent access to the apartment or to the common property serving it.
Evacuation-Construction Valuer§
"personal interest" – including a personal interest or another role of his relative or of a person employed by him;
"relative" – as defined in the Planning and Building Law.
The Valuers List§
"the Advisory Committee" – the committee established pursuant to section 202d of the Planning and Building Law;
"publication in a newspaper" – as its meaning in the Planning and Building Law.
Reduction of the Rate of Compensation§
Where a court has determined pursuant to the provisions of section 2(a)(1) that a refusing apartment owner is liable in torts to the other apartment owners in the evacuation-construction cluster, the court may, if it considers it just to do so, determine that the refusing apartment owner shall bear only part of the damage suffered by the apartment owners; for this purpose, the court shall consider, inter alia, the following considerations:
Ownership of More Than One Apartment§
For the purpose of calculating the attributed majority among apartment owners who consent to an evacuation-construction transaction in a condominium containing six or more apartments, an apartment owner who owns more than thirty percent of the apartments in the condominium shall be regarded as owning thirty percent of the apartments in the condominium, plus one-third of the rate of the difference of the apartments in the condominium; in this Section, "rate of the difference" – the rate of the apartments in the condominium owned by him out of the total apartments in the condominium, less thirty percent.
Application of the Civil Wrongs Ordinance§
The provisions of the Civil Wrongs Ordinance [New Version] shall apply to a tort under section 2(a)(1), subject to the provisions of this Law.
Action for the Evacuation of an Apartment in respect of which a Court has Approved the Performance of an Evacuation-Construction Transaction§
Notwithstanding the provisions of any law, an action for the evacuation of an apartment in respect of which a court has approved the performance of an evacuation-construction transaction as referred to in section 2(a)(2) shall be filed with the same court that approved the transaction as aforesaid.
Application to the Commissioner regarding Approaches to Tenants in Urban Renewal§
Disclosure and Transparency Obligations§
Stipulation in Favour of an Apartment Owner§
A stipulation derogating from the provisions under this Law that is not in favour of an apartment owner – is void.
Implementation and Regulations§
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חוק פינוי ובינוי (עידוד מיזמי פינוי ובינוי), תשס"ו-2006
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5766-2006