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Law for the Extension of Periods and Postponement of Dates (Temporary Provision – Swords of Iron) (Planning and Construction and Public Real Property), 5784-2023

חוק הארכת תקופות ודחיית מועדים (הוראת שעה – חרבות ברזל) (תכנון ובנייה ומקרקעי ציבור), תשפ"ד-2023

Published: 2023-11-16Consolidated Hebrew text as of 2024-01-09 · Last amended 2023-11-16✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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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.

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Definitions§

1.
(a)In this Law –

"administrative decision" – a decision or act of a public authority, pursuant to its power under legislation;

"Law for the Promotion of Construction in Preferred Complexes" – the Law for the Promotion of Construction in Preferred Complexes (Temporary Provision), 5774-2014;

"Planning and Construction Law" – the Planning and Construction Law, 5725-1965;

"planning institution" – as defined in the Planning and Construction Law, including a compensation and betterment levy appeals committee within the meaning of section 12f of that Law;

"the special security situation" – the security situation prevailing in the State, on account of which a special situation in the home front was declared, as defined in the Civil Defence Law, 5711-1951, on the 22nd day of Tishrei 5784 (7 October 2023);

"freeze period" – the period from the 22nd day of Tishrei 5784 (7 October 2023) until the 16th day of Cheshvan 5784 (31 October 2023) or until the end of the extension period, or an additional period, set pursuant to section 8, and in respect of a period, act or date relating to the area of a settlement, in whole or in part, listed in the First Schedule or an area bordering thereon – the period from the 22nd day of Tishrei 5784 (7 October 2023) until the 3rd day of Tevet 5784 (15 December 2023), or until the end of the extension period, or an additional period, set pursuant to section 8;

"the determining period" – a period of three months from the 22nd day of Tishrei 5784 (7 October 2023), or until the end of the extension period, if set pursuant to section 8;

"the Minister" – the Minister of the Interior.

(b)Every term in this Law shall have the meaning attributed to it in the Planning and Construction Law, unless expressly stated otherwise.

Extension of Periods and Postponement of Dates Set in Legislation on Planning and Construction Matters, in a Decision of a Planning Institution or in a Plan§

2.
(a)Notwithstanding any law, where a period set pursuant to legislation detailed in the Second Schedule or the Third Schedule falls during the freeze period, in whole or in part, the days of the freeze period that fall within the period set in the legislation as aforesaid shall not be counted in the reckoning of the days of that period.
(b)The provisions of subsection (a) shall also apply to periods for the performance of an act set in a decision given pursuant to law by a planning institution or the chairperson of a planning institution, or set in a plan; where a decision as aforesaid or a plan specifies a date for the performance of an act by reference to a particular calendar date, it shall be deemed, for the purposes of this subsection, as if a period had been set in the decision as aforesaid, commencing on the date the decision was given and ending on that calendar date.
(c)Notwithstanding the provisions of subsection (b), the following may direct that the provisions of subsection (b) shall not apply in respect of a plan as aforesaid, if satisfied that there is genuine urgency in advancing the plan arising from the special security situation, including for the purpose of rehabilitating areas affected by that situation, and such directions shall be published on the website of the Planning Administration and of the planning institution dealing with the plan:
(1)the chairperson of the National Council for Planning and Construction – in respect of a national master plan, a national infrastructure plan or a district master plan, under the Planning and Construction Law, and in respect of a preferred plan under the Law for the Promotion of Construction in Preferred Complexes;
(2)the chairperson of the District Committee for Planning and Construction – in respect of a local master plan or a detailed plan under the Planning and Construction Law.

Power to Extend Periods by the Chairperson of a Planning Institution§

3.

Without derogating from the provisions of legislation listed in the Second Schedule that set dates for the submission of objections, comments, appeals or the presentation of arguments, as the case may be (in this section – objections), and from the provisions of section 2, the chairperson of a planning institution may direct one or more of the following, provided that the date for the submission of objections had not yet passed before the commencement of the freeze period:

(1)to set an additional period beyond the period referred to in those legislative provisions and in section 2, for the purpose of submitting objections, if satisfied that there is justification therefor by reason of the special security situation, and may set as aforesaid generally or in respect of types of plans; the decision of the chairperson of the planning institution as aforesaid shall be published on the website of the planning institution;
(2)to direct that an objection submitted after the expiry of the date for submission of an objection pursuant to legislative provisions or pursuant to the provisions of this Law, as the case may be, be heard, if satisfied that there is justification therefor by reason of the special security situation.

Guidelines of the Director of the Planning Administration and the Chairperson of the National Council for Planning and Construction§

4.

The Director of the Planning Administration and the chairperson of the National Council for Planning and Construction shall jointly publish guidelines in respect of the extension of periods and the postponement of dates under this Law, and may set in such guidelines, inter alia, provisions regarding the extension of periods in accordance with the powers vested in the planning institution under legislation, regarding the exercise of the power of the chairperson of a planning institution pursuant to section 3, and regarding circumstances connected to the special security situation that are to be taken into account in relation to proceedings prescribed in legislation that are not regulated in this Law; such guidelines shall be published on the website of the Planning Administration.

Postponement of the Date of Expiry of Plans§

5.
(a)Notwithstanding the provisions of section 2(b), where a plan contains an expiry provision or a planning institution has set an expiry provision pursuant to a provision in a plan, and the expiry provision takes effect within a period of five months from the 22nd day of Tishrei 5784 (7 October 2023), the said date of expiry shall be postponed by six months (in this section – the postponement period).
(b)The Minister, with the approval of the Interior and Environmental Protection Committee of the Knesset, may extend the postponement period, in a single extension only that shall not exceed six months, if satisfied that special circumstances exist that justify doing so by reason of the special security situation.

Extension of the Authorisation of Independent Local Committees§

6.

An independent local committee whose authorisation expired during the period from the 14th day of Av 5783 (1 August 2023) until the 20th day of Adar Aleph 5784 (29 February 2024) shall have its authorisation extended for a period of one year, and the Minister may extend it for a longer period in accordance with the provisions of the Planning and Construction Law; nothing in this provision shall derogate from the power of the Minister to revoke the authorisation pursuant to section 31a(g) of the Planning and Construction Law.

Extension of the Period for Giving an Administrative Decision in respect of Administrative Orders in Matters of Planning and Construction and Public Real Property§

7.
(a)Notwithstanding the provisions of the legislation detailed below, the determining period shall not be counted in the reckoning of the periods for giving an administrative decision set in that legislation:
(1)sections 217, 219 to 222, 235 and 237 of the Planning and Construction Law; however, in respect of those provisions concerning prohibited work or prohibited use in a residential building, the definition of "the determining period" shall be read as follows:

"\"the determining period\" – the period from the 22nd day of Tishrei 5784 (7 October 2023) until the 17th day of Kislev 5784 (30 November 2023) or until the end of the extension period, if set pursuant to section 8;";

(2)sections 4, 5 and 5a of the Public Real Property (Clearance of Land) Law, 5741-1981;
(3)sections 29e and 29f of the Law for the Promotion of Construction in Preferred Complexes.
(b)Nothing in the provisions of subsection (a) shall derogate from the power to give an administrative decision pursuant to that legislation, if the approval of a competent authority has been obtained and there is urgency in giving the decision; in this subsection, "competent authority" – one of the following, as the case may be: the Director of the National Unit for Real Property Enforcement or the Deputy Director of the Unit, the Supervision Director as defined in section 35a(2)(b) of the Administrative Offences Law, 5746-1985, or the Director of the Land Preservation Division of the Israel Lands Authority.
(c)Where a warning was given pursuant to regulation 5 of the Administrative Offences Regulations (Administrative Fine – Planning and Construction), 5778-2018, and the final date prescribed therein for the restoration of the previous state of affairs falls within the determining period, the said date shall be postponed by thirty days; however, in respect of a warning received by a person entitled to a postponement of date as defined in the Postponement of Dates Law (Temporary Provision – Swords of Iron) (Contract, Judgment or Payment to an Authority), 5784-2023, the determining period shall not be counted in the reckoning of the days for the purposes of the said regulation, or the final date for the restoration of the previous state of affairs shall be postponed by 120 days from the date of delivery of the warning, whichever is later.

Extension of the Determining Period or the Freeze Period and Setting of an Additional Freeze Period§

8.
(a)
(1)The Minister of Finance, in respect of legislation under section 7(a)(1), or the Minister of Construction and Housing in respect of legislation under section 7(a)(2) and (3), with the consent of the Minister and with the approval of the Interior and Environmental Protection Committee of the Knesset, may, by Order, extend the determining period in respect of such legislation by additional periods not exceeding two months each, if satisfied that special circumstances exist that justify doing so by reason of the special security situation, provided that the total duration of the extension under this subsection shall not exceed six months;
(2)an extension under paragraph (1) may apply to the whole territory of the State or part thereof, and the Minister of Finance or the Minister of Construction and Housing, as the case may be, may also prescribe by Order as aforesaid in that paragraph that only part of the provisions listed in this Law shall apply to the whole territory of the State or part thereof, all as shall be detailed in the Order.
(b)
(1)The Minister may, by Order, extend the freeze period or set an additional freeze period, one or more, that shall apply to the whole territory of the State or to the settlements listed in the First Schedule, as the case may be, if satisfied that special circumstances exist that justify doing so by reason of the special security situation, provided that such extension or any additional freeze period to be set pursuant to this subsection shall not exceed thirty days and that the total duration of the extension under this subsection shall not exceed nine months; the extension of the freeze period or the setting of an additional freeze period, in respect of legislative provisions set out in the Third Schedule, shall also require the consent of the Minister of Energy and Infrastructure;
(2)The Minister, with the approval of the Interior and Environmental Protection Committee of the Knesset, may, by Order, extend the freeze period or set an additional freeze period under paragraph (1) that shall apply to part of the territory of the State, all as shall be detailed in the Order under that paragraph, and may also prescribe, by Order, with the approval of the said Committee, that only part of the provisions listed in the Second Schedule and the Third Schedule shall apply to the whole territory of the State or part thereof as shall be detailed in the Order; the extension of the freeze period or the setting of an additional freeze period, in respect of legislative provisions set out in the Third Schedule, shall also require the consent of the Minister of Energy and Infrastructure.

Savings Provisions§

9.

Nothing in the provisions of this Law shall derogate from the power vested in a planning institution, a person or a body fulfilling a public function pursuant to law to postpone dates or to extend periods.

Transitional Provision§

10.

Where a decision was given by a planning institution or another public authority during the freeze period and before the eve of the commencement of this Law, and under the provisions of this Law there would have been an impediment to making the decision by reason of the freeze period, it shall be deemed as if it had not been given, and the planning institution or the public authority shall be entitled to deliberate on the matter upon the expiry of the freeze period.

Implementation§

11.

The Minister is responsible for the implementation of this Law.

Amendment of the Schedules§

12.
(a)The Minister, with the approval of the Interior and Environmental Protection Committee of the Knesset, may amend the First Schedule.
(b)
(1)The Minister, with the approval of the Interior and Environmental Protection Committee of the Knesset, may amend the Second Schedule, provided that he shall not add legislation other than legislation for whose implementation he is responsible that concerns planning and construction;
(2)the Minister of Finance, in consultation with the Minister and with the approval of the Interior and Environmental Protection Committee of the Knesset, may amend item (1) of the Second Schedule and add or remove sections for whose implementation he is responsible that are set out in Chapter X of the Planning and Construction Law.
(c)The Minister, with the consent of the Minister of Energy and Infrastructure, may amend the Third Schedule in respect of dates set out in the Natural Gas Sector Law, 5762-2002.

Amendment of the Planning and Construction Law – Temporary Provision – No. 147§

13.

(Indirect amendment of the Planning and Construction Law, 5725-1965)

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First Schedule (the definition of "freeze period" in section 1)

(1)Avivim;
(2)Abirim;
(3)Even Menahem;
(4)Adamit;
(5)Eilon;
(6)Elkosh;
(7)Beit Hillel;
(8)Betzet;
(9)Bar'am;
(10)Goren;
(11)Gornot HaGalil;
(12)Dovev;
(13)Dishon;
(14)Dan;
(15)Dafna;
(16)HaGoshrim;
(17)Zimrat;
(18)Zar'it;
(19)Hanita;
(20)Yuval;
(21)Ya'ara;
(22)Yiftah;
(23)Yir'on;
(24)Kfar Giladi;
(25)Kfar Maimon;
(26)Kerem Ben Zimra;
(27)Liman;
(28)Metula;
(29)Malkiya;
(30)Manot;
(31)Manara;
(32)Ma'ayan Baruch;
(33)Matzuba;
(34)Margaliot;
(35)Misgav Am;
(36)Mattat;
(37)Netu'a;
(38)Sasa;
(39)Sa'ad;
(40)Avdon;
(41)Alumim;
(42)Alma;
(43)Ara'msha;
(44)Fassuta;
(45)Ziv'on;
(46)Kiryat Shmona;
(47)Rosh HaNikra;
(48)Rehaniya;
(49)Ramot Naftali;
(50)She'ar Yashuv;
(51)Shuva;
(52)Shomera;
(53)Shokeda;
(54)Shlomi;
(55)Senir;
(56)Shetula;
(57)Tushiya;
(58)Tkuma.

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Second Schedule (section 2)

(1)The following sections of the Planning and Construction Law: 62(c), 76c(8), 76c1(c)(1) and (c)(2), 86(b), 86a(a)(5), 102, 110(b) and (d), 111(b) and (c), 112, 119(a) except where the date of commencement of the plan under that section fell before the publication of this Law, 119b(6), and (9)(b), 119c(a) and (c), 140(a) and (b), 142, 145(c1)(3a), 145d(g), 145e(c)(1) and (2) and (d), 147a(g)(4), 149(a)(1), 151b(d), (e)(1), (f), (g) and (i), 152(a)(1) and (2), (a1)(1) to (3) and (a3), 157a(g) and (h)(1b)(a)(3)(d), 158c(c), 158ay(g)(3), 158be(a), 175(e), 184(b), 195(2), 197(b), 198(d) and (e)(1) and (4)(a), 217(d) in respect of the execution of the Order, 220(d) in respect of the execution of the Order and 255m(a) in fine;
(2)section 8 of the Second Schedule to the Planning and Construction Law;
(3)section 14(a), (b)(1) and (4) of the Third Schedule to the Planning and Construction Law;
(4)sections 3(c) and 15(d)(2) of the Fourth Schedule to the Planning and Construction Law;
(5)section 18(b) of the Law for the Promotion of Construction in Preferred Complexes;
(6)the Planning and Construction Regulations (Establishment of an Inspection Institute and its Methods of Operation), 5778-2018;
(7)regulations 15(d) and 37 of the Planning and Construction Regulations (Construction Licensing), 5776-2016;
(8)regulations 13(b) in fine and 17(b) of the Planning and Construction Regulations (Abbreviated Licensing Procedure), 5777-2017;
(9)regulations 6(a)(1) and 6(a)(2) of the Planning and Construction Regulations (Rules of Procedure in Appeals Committees), 5756-1996;
(10)regulation 6(a) of the Planning and Construction Regulations (Rules of Procedure in Appeals Committees for Appeals under section 198 of the Law), 5758-1997;
(11)regulation 10(c) opening words of the Planning and Construction Regulations (Environmental Impact Statements), 5763-2003;
(12)regulation 10(c) of the Planning and Construction Regulations (Consolidation and Subdivision Plan), 5769-2009.

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