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Planning and Building Procedures Law for the Acceleration of Residential Construction (Temporary Provision), 5771-2011

חוק הליכי תכנון ובנייה להאצת הבנייה למגורים (הוראת שעה), תשע"א-2011

Published: 2011-08-11Consolidated Hebrew text as of 2025-08-27 · Last amended 2023-11-19✓ Amendment status checked against the Knesset legislation record on 2026-09-30
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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

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

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.

Purpose of the Law§

1.

This Law comes to establish, as a temporary provision, special arrangements for the approval of residential building plans, which will make it possible to provide a solution to housing needs by means of a supply of residential apartments of various sizes and types, including by means of the designation of land for rental housing.

Definitions and Interpretation§

2.
(a)In this Law –

"professional organisations in the fields of planning and building" – the organisations representing engineers in the construction professions, architects and holders of an academic degree in town and regional planning, as specified in the Schedule;

"public bodies concerned with the preservation of environmental quality" – the bodies listed in Part 1 of the Schedule to the Representation of Public Bodies Concerned with the Preservation of Environmental Quality Law (Legislative Amendments), 5763-2002;

"small apartments" – apartments whose total permitted floor area for construction is 63 square metres, in addition to the area of a residential protected space, and in a plan applying to an area situated in the Be'er Sheva sub-district or in the Northern District – apartments whose total permitted floor area for construction is 88 square metres, in addition to the area of a residential protected space; for this purpose, "residential protected space" – as its meaning under the Civil Defence Law, 5711-1951, in an area not exceeding the area determined by the Minister of Defence under that Law;

"linkage differentials and interest" – (deleted)

"the Committee" – a National Housing Committee established under section 6;

"the Joint Committee" – (deleted)

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

"Real Property Taxation Law" – the Real Property Taxation (Appreciation and Acquisition) Law, 5723-1963;

"Interest and Linkage Adjudication Law" – the Interest and Linkage Adjudication Law, 5721-1961;

"examiner" – as defined in section 107a(a) of the Planning Law;

"minority settlement" – as defined in the Second Schedule to the Capital Investments Encouragement Law, 5719-1959;

"public building" – a building for public uses for the purposes of education, culture, religion, welfare and social services, health, sport, public shelter and refuge, a police station and a fire station, as well as a building of the State, an authority established by law, a local authority or a local committee, serving each of these in the performance of its functions;

"the National Council" – as its meaning in section 2(a) of the Planning Law;

"the Planning Administration" – the Planning Administration in the Ministry of the Interior;

"Israel Lands" – as their meaning in Basic Law: Israel Lands, excluding urban land leased under a long-term lease; for this purpose, "long-term lease" – including an obligation for a long-term lease that has not yet been registered in the land registers;

"evacuation-and-construction precinct" – an evacuation-and-construction precinct as its meaning in section 33a of the Planning Law, an evacuation-and-construction precinct under the taxation track as defined in section 49s of the Real Property Taxation Law, or a precinct in respect of which the committee as defined in section 49ab of the Real Property Taxation Law has given a preliminary decision under that section stating that, if the conditions under that section are met, it intends to recommend to the Government that it be declared an evacuation-and-construction precinct under the taxation track;

"District planner" – as its meaning in section 8(a) of the Planning Law;

"infrastructure works" – works for the development of land for the purpose of adapting it for residential construction, including levelling of the ground surface, marking and paving of roads and pavements, laying of piping and water, sewerage, drainage, electricity and communications lines, and any additional work required so that the development of the residential plots and the erection of residential buildings may commence;

"urban land" – as defined in the Israel Lands Law, 5720-1960;

"land the majority of which is Israel Lands" – land of which 80% or more is Israel Lands;

"shekel interest" – as defined in the Interest and Linkage Adjudication Law, 5721-1961;

"national housing plan" – a plan prepared and submitted under the provisions of section 9(a) or (a1)(1) that includes detailed provisions for the construction of at least 200 dwelling units on land of which 40% or more is Israel Lands, a national housing plan in a minority settlement and a national housing plan in an evacuation-and-construction precinct;

"national housing plan in a minority settlement" – a plan prepared and submitted under section 9(a) or (a1)(1) that includes detailed provisions for the construction of at least 100 dwelling units within the boundaries of a minority settlement, and if the plan applies to land that is not land the majority of which is Israel Lands, and if the plan applies to other land – the landowners holding at least 80% of the land within the plan area have given their consent to the plan;

"national housing plan in an evacuation-and-construction precinct" – a plan prepared and submitted under section 9(a1)(2) for evacuation for the purpose of construction or for densification of construction in an evacuation-and-construction precinct, including provisions for the construction of at least 70 dwelling units; however, insofar as an additional plan is required in order to issue a permit within the area of that plan, the additional plan shall include only one or more of the matters specified in section 62a(a) of the Planning Law;

"plan that includes detailed provisions" – a plan from which a permit for construction or for use may be issued without the need for the approval of an additional plan;

"survey map for registration purposes" – a plan for the purposes of registration in the land registers, as its meaning under the Survey Ordinance.

(b)Any other term in this Law shall have the meaning given to it in the Planning Law, unless the context otherwise requires.

National Housing Plan§

3.
(a)A national housing plan shall include provisions concerning –
(1)the arrangement of public buildings, open public spaces, parking, infrastructure and additional uses, including for employment or commerce, required to serve the dwelling units included in the plan and its surroundings;
(2)
(a)the designation of at least 25% of the dwelling units in the plan, cumulatively, for one or more of the following: small apartments, housing designated for rental for a period of not less than ten years, or affordable rental housing;
(b)notwithstanding the provisions of sub-paragraph (a), in a national housing plan in an evacuation-and-construction precinct the said percentage in that sub-paragraph shall be 10% of the new dwelling units added beyond the number of units that existed within the plan area before its approval.
(a1)The Committee may determine that –
(1)the provisions of subsection (a)(2)(a) shall not apply in exceptional cases if it is satisfied that, in light of the characteristics of the settlement or the supply of small apartments in the local authority, there is no justification for including such provisions;
(2)in respect of a national housing plan in an evacuation-and-construction precinct – the provisions of subsection (a)(2) shall not apply.
(a2)A plan as referred to in subsection (a1) shall not be approved except with the approval of the Minister of the Interior or the Director General of the Ministry of the Interior only, if the Minister has authorised the Director General to do so.
(b)Where land in a national housing plan is designated for affordable rental housing, the dwelling units to be built thereunder shall be let in accordance with provisions to be determined, inter alia, in respect of the conditions for the rental of the dwelling units, including the rental price, restrictions on the transfer of rights in the dwelling units and those eligible to rent the dwelling units.
(c)Notwithstanding the provisions of the Planning Law, the force of a national housing plan approved by the National Housing Committee under this Law shall prevail over any other plan approved under the Planning Law, except for a national outline plan.
(d)
(1)Notwithstanding the provisions of subsection (c), a national housing plan on land the majority of which is Israel Lands or a national housing plan in a minority settlement submitted by a body listed in section 9(a) shall not be approved in deviation from a district outline plan except with the approval of the National Housing Sub-Committee, if such approval is required by two members of the Committee; a demand under this paragraph shall be submitted in writing to the secretary of the National Housing Sub-Committee within seven days of the date of the decision on the deposit;
(2)where a national housing plan as referred to in paragraph (1) is transferred for the approval of the National Housing Sub-Committee, the provisions of section 5 shall apply, however if the National Housing Sub-Committee has not given its decision within 15 working days, the plan shall be deemed to have been approved by the National Housing Sub-Committee; if the National Housing Sub-Committee has approved the plan, the provisions of sections 17 and 18 shall apply, with the necessary modifications, from the date of its decision;
(3)where the National Housing Sub-Committee has approved a plan as referred to in paragraph (2), it shall also have regard to the need to preserve agricultural land or open spaces, insofar as the plan applies to them, and the approval of the Committee for the Preservation of Agricultural Land and Open Spaces shall not be required for that plan.
(e)Notwithstanding the provisions of subsection (c), a national housing plan that is not as referred to in subsection (d)(1) shall not be approved in deviation from a district outline plan except with the approval of the National Council, and if the plan also requires, under the First Schedule to the Planning Law, the approval of the Committee for the Preservation of Agricultural Land and Open Spaces – also with the approval of that Committee.
(f)Notwithstanding the provisions of subsections (c) to (e), a national housing plan in an evacuation-and-construction precinct shall not be approved in deviation from a district outline plan.

National Housing Sub-Committee of the National Council§

4.
(a)The National Council shall have a National Housing Sub-Committee (in this Law – the National Housing Sub-Committee), and its composition shall be as follows:
(1)the Chairperson of the National Council, who shall be the Chairperson, and in their absence – the Director of the Planning Administration;
(2)a representative of the Prime Minister, from among the employees of the Prime Minister's Office;
(3)a representative of the Minister of Justice, from among the employees of the Minister's office;
(4)a representative of the Minister of Construction and Housing, from among the employees of the Minister's office;
(5)a representative of the Minister of Finance, from among the employees of the Minister's office;
(6)a representative of the Minister for Environmental Protection, from among the employees of the Minister's office;
(6a)(lapsed)
(7)two members to be elected by the National Council from among its members listed in section 2(b)(6) and (7) of the Planning Law;
(8)two members to be elected by the National Council from among its members listed in section 2(b)(8) to (14) of the Planning Law.
(b)The representative of the Minister of Agriculture and Rural Development on the National Council shall be an observer on the National Housing Sub-Committee.

Powers of the National Housing Sub-Committee§

5.
(a)Where a national housing plan requires the approval of the National Council under any law, all the powers of the National Council in respect of such approval shall vest in the National Housing Sub-Committee, and in it alone; the provisions of this subsection shall not apply in respect of a national housing plan to which the provisions of section 3(e) apply.
(b)The power to hear and determine appeals against decisions of the Committee for the Preservation of Agricultural Land and Open Spaces and of the Committee for the Preservation of the Coastal Environment, in respect of a national housing plan, shall vest in the National Housing Sub-Committee, and in it alone; however, the power to hear and determine appeals as aforesaid in respect of a national housing plan to which the provisions of section 3(e) apply shall vest in the National Council.
(c)The National Housing Sub-Committee shall give its decision within 15 working days of the day on which the plan was submitted for its approval as referred to in subsection (a), or of the day of the hearing of the appeal under subsection (b), as the case may be, unless the Chairperson of the National Housing Sub-Committee has notified the Committee of an extension of the time by a further five working days.
(d)If the National Housing Sub-Committee has not given its decision by the time referred to in subsection (c), the representative of the Prime Minister on the Sub-Committee shall be entitled to warn that if a decision is not given within five working days, the representative will act to convene an extraordinary session for that purpose, and the representative shall be entitled to serve as Chairperson of the National Housing Sub-Committee for the purposes of that session.

National Housing Committee§

6.
(a)A National Housing Committee shall be established in each district, and its composition shall be as follows:
(1)the Chairperson of the District Committee, or an employee of the Ministry of the Interior appointed by the Minister of the Interior, who shall be the Chairperson;
(2)the District planner;
(3)a representative of the Minister of Construction and Housing, from among the employees of the Minister's office;
(4)a representative of the Minister for Environmental Protection, from among the employees of the Minister's office;
(5)a representative of the Minister of Transport and Road Safety, from among the employees of the Minister's office;
(6)a representative of the Minister of National Infrastructure, from among the employees of the Minister's office;
(6a)(lapsed)
(7)a representative of the local authority within whose area of jurisdiction the majority of the plan area is included;
(8)a representative of the public bodies concerned with the preservation of environmental quality;
(9)a representative of the professional organisations in the fields of planning and building.
(b)The Prime Minister may appoint a representative to the Committee for one or more plans.
(c)An employee of the Israel Land Authority, appointed by the Director of the Israel Land Authority, shall be the deputy of an employee of the Ministry of Construction and Housing in their absence.
(d)The legal adviser to the Committee shall examine whether any of the representatives listed in paragraphs (7) to (9) of subsection (a) may find themselves in a recurrent situation of conflict of interest.
(e)A person against whom an indictment is pending for an offence that, by reason of its nature, gravity or circumstances, renders that person unfit to serve as a member of the Committee, shall not be appointed as a member of the Committee.

Officeholders of the National Housing Committee§

7.

The National Housing Committee shall have –

(1)a secretary;
(2)one or more legal advisers, who may be the legal adviser to the District Committee;
(3)one or more transport advisers, who are not State employees;
(4)one or more environmental advisers, who are not State employees;
(5)one or more valuation advisers, who are not State employees;
(6)one or more economic advisers, who are not State employees;
(7)additional advisers as the Chairperson of the Committee may determine.

Functions and Powers of the National Housing Committee§

8.
(a)The Committee is empowered to hear and decide on the approval of national housing plans and on the approval of a survey map for registration purposes as referred to in section 29.
(b)The Committee is empowered to hear and decide on matters as referred to in subsection (a) in place of any other planning institution, except for the National Council, the Committee for the Preservation of Agricultural Land and Open Spaces and the Committee for the Preservation of the Coastal Environment.

Submission of a National Housing Plan to the Committee§

9.
(a)The following are entitled to prepare a national housing plan and submit it to the Committee:
(1)a Government ministry;
(2)the Israel Land Authority;
(3)a District Committee – in respect of plans within its planning jurisdiction;
(4)a local committee – in respect of plans within its planning jurisdiction;
(5)a local authority – in respect of plans within its area of jurisdiction.
(a1)Notwithstanding the provisions of subsection (a) –
(1)in a national housing plan that is not on land the majority of which is Israel Lands, including a national housing plan in a minority settlement on land of which 40% or more but less than 80% is Israel Lands, the owners of land that is not Israel Lands may also prepare the plan and submit it to the Committee, in addition to the bodies listed in subsection (a), provided that the following are satisfied:
(a)the landowners holding at least 80% of the land that is not Israel Lands have given their consent to the plan after notice of the preparation of the plan was given to all the landowners; such notice shall be given to the owners at their known addresses;
(b)the Israel Land Authority has given its agreement in principle to the plan; if the Israel Land Authority has not replied to a request for its agreement within 30 days of the day on which the request was delivered to it, its agreement shall not be required as a condition for the submission of the plan, subject to the provisions of section 13(e);
(2)in a national housing plan in an evacuation-and-construction precinct, any person entitled to submit the plan under the Planning Law may prepare and submit it to the Committee.
(b)A person submitting a national housing plan shall attach to it an opinion prepared in accordance with the Committee's requirements and reviewing the matters listed in section 12(a).
(c)Where a national housing plan has been submitted to the Committee as referred to in subsection (a), the submitter of the plan shall forward a copy of it to the local committee within whose planning jurisdiction the majority of the plan area is included.
(d)Where a national housing plan also includes land that is not Israel Lands, the District planner shall certify, as a condition for its submission, that the land that is not Israel Lands is required for the plan from a planning perspective and is worthy of inclusion in it.

Preliminary Examination of a National Housing Plan§

10.
(a)Where a national housing plan has been submitted to the Committee, the District planner shall examine within 14 working days whether it is prepared in accordance with the provisions under the Planning Law and whether it satisfies the requirements of the Committee and the requirements under the Planning Law and under this Law.
(b)If the District planner finds that the conditions referred to in subsection (a) are satisfied in the national housing plan, the plan shall be received by the Committee, and the secretary of the Committee shall send notice thereof, together with the plan documents, within three working days, to the submitter of the plan, to the members of the Committee, to the members of the District Committee, to the representative of the Ministry of Welfare and Social Services to be appointed by the Minister of Welfare and Social Services (hereinafter – the representative of the Ministry of Welfare), to the professional advisers of the Committee listed in section 7 (in this Law – the professional advisers of the Committee) and to the Planning Administration.
(c)If the District planner finds that the conditions referred to in subsection (a) are not satisfied in the national housing plan, the secretary of the Committee shall send the submitter of the plan notice thereof; the notice shall specify the conditions that are not satisfied in the plan as aforesaid.

Submission of Opinions by the Professional Advisers of the Committee§

11.

The professional advisers of the Committee as referred to in paragraphs (3) to (7) of section 7 shall submit to the District planner, within 21 working days of the day of receipt of the notice of the reception of the plan, an opinion that shall include reference to the aspects of the plan within their area of expertise; the District planner may extend the time for the submission of an opinion, for special reasons to be recorded, by a further seven days.

Submission of an Opinion by the District Planner§

12.
(a)The District planner shall submit to the members of the Committee, no later than five working days before the date of the discussion of the plan, a written planning opinion reviewing all of the following:
(1)the main features of the plan, its provisions and its conformity with the provisions of this Law;
(2)the main proposed changes in it with reference to the existing planning situation;
(3)the provisions of the plans higher than it in the priority order of plans and the degree of conformity of the plan with them;
(4)the effects of the proposed plan on the various planning aspects relating to the plan and its surroundings;
(5)the areas designated for public buildings, open public spaces, infrastructure, transport and parking required for the proposed plan, and their existence within the plan area and its immediate surroundings in the manner and quantity providing a solution to the needs arising from the plan;
(6)in respect of a national housing plan applying to a site designated for use in another plan – the preservation of the site;
(7)the need for the protection of environmental aspects relating to the plan and its surroundings, including natural, landscape and heritage values;
(8)the District planner's recommendations in relation to the plan, including reference to the opinions of the professional advisers of the Committee as referred to in subsection (c).
(b)Where the District planner has recommended that the national housing plan be deposited with amendments, the District planner shall specify the main amendments proposed by the District planner.
(c)Attached to the District planner's opinion shall be the opinions of the professional advisers of the Committee as referred to in section 11; if the District planner considers that additional professional opinions are required, the District planner shall attach them to the opinion.
(d)Where comments of the Planning Administration on a national housing plan have been received, or an opinion has been forwarded by any of the members of the District Committee or the representative of the Ministry of Welfare, the District planner shall attach them to the District planner's opinion.

Position regarding a national housing plan that is not on land consisting mainly of Israel Lands§

12a.
(a)Where a national housing plan has been submitted pursuant to section 9(a1)(1) and the consent of the Israel Land Authority as referred to in section 9(a1)(1)(b) has not been attached thereto, the Authority shall notify, within 15 working days of the date of receipt of the notice of acceptance of the plan, whether it gives its consent to the plan or objects thereto.
(b)Where the Israel Land Authority has notified, within the period referred to in subsection (a), that it objects to the plan, the plan shall be deemed void.
(c)Where the Israel Land Authority has not given notice as referred to in subsection (b), the plan submitter may request that the position of a committee on the plan be given; and the following shall be members of the committee: the Director of the Planning Administration in the Ministry of the Interior, who shall be the chairperson, the Director General of the Ministry of Construction and Housing and the Director of the Israel Land Authority (in this section – the committee).
(d)The committee shall notify, within seven days before the date of the hearing, whether it gives its consent to the plan or objects thereto.
(e)Where the committee has notified that it gives its consent to the plan, its position shall be deemed, notwithstanding anything in any law, to be the position of the Israel Land Authority in connection with the plan.
(f)Where the committee has notified that it objects to the plan, the plan shall be deemed void.

Hearing on the deposit of a national housing plan§

13.
(a)The committee shall hold a hearing on a national housing plan within 45 working days of the date of dispatch of the notice of its acceptance as referred to in section 10(b); at the conclusion of the hearing the committee shall decide to deposit the plan, to reject it, to make its deposit subject to conditions, or to transfer it to the District Committee within whose planning area the area of the plan is included; where a plan has been transferred to the District Committee, only the provisions of the Planning Law shall apply to it.
(b)Notwithstanding the provisions of subsection (a), the committee may, in special circumstances that shall be recorded, decide to continue the hearing on the national housing plan at an additional session, if it has found that additional information or an additional professional opinion is required for the purpose of making a decision regarding the plan, or that information or a matter raised during the hearing it held on the plan requires examination.
(c)Where the committee has decided to continue the hearing on the national housing plan as referred to in subsection (b), it shall hold additional hearings thereon within 14 working days of the date of the first hearing thereon; at these hearings the committee shall decide one of the following: to deposit the plan, to deposit it subject to conditions it shall determine, to reject it, or to transfer it for hearing before the District Committee within whose planning area the area of the plan is included.
(d)Where the committee has not held a hearing on the national housing plan or has not made a decision regarding the plan within the dates prescribed therefor under this section, the representative of the Prime Minister on the committee shall be entitled to give warning that if a decision is not given within five working days, he will act to convene an extraordinary session for that purpose, and he shall be entitled to serve as chairperson of the committee for the purposes of that session.
(e)Notwithstanding the provisions of this section, no decision to deposit a national housing plan submitted pursuant to section 9(a1)(1) to which the consent of the Israel Land Authority as referred to in section 9(a1)(1)(b) has not been attached shall be made, unless the consent of the Authority or the consent of the committee referred to in section 12a has been given by the time of the decision.

Conditions for the deposit of a national housing plan§

14.
(a)Conditions for the deposit of a national housing plan may relate to amendments to be introduced in the plan documents so that it may be deposited, or to conditions that the committee considered essential in order to enable the plan to be approved or implemented; however, the committee shall not make the deposit of a plan subject to conditions, except to the approval, coordination or opinion of a person whose approval, coordination with or opinion is required pursuant to the provisions of the Planning Law or another law.
(b)The committee shall not make the deposit of a national housing plan subject to a condition unless it has considered that the condition can be fulfilled or is expected to be fulfilled within 60 days, and in respect of a national housing plan in an evacuation-construction complex – within 90 days, of the date of publication of the decision on the website of the Ministry of the Interior as referred to in section 30 or of the date on which the decision was delivered to the plan submitter, whichever is earlier; the chairperson of the committee may extend the said period by an additional period not exceeding 30 days, and in respect of a national housing plan in an evacuation-construction complex – by a period not exceeding 45 days.
(c)Where the periods referred to in subsection (b) have elapsed and a condition set by the committee as referred to in subsection (a) has not been fulfilled, the committee may hold an additional hearing on the plan within 14 working days and make a decision regarding the plan.
(d)Where the committee has considered that the fulfilment of a condition is essential in order to enable the national housing plan to be approved or implemented, and the condition cannot be fulfilled within the period prescribed in subsection (b), it shall reject the plan; however, the committee may approve the deposit of the plan and determine that its approval shall be made subject to the fulfilment of that condition if it has found that there is a reasonable chance that it will be possible to complete it within the total period prescribed in the law for the approval of a national housing plan.

Fulfilment of conditions for the deposit of a national housing plan§

15.
(a)Where the committee has directed that amendments be introduced in the documents of the plan submitted, as a condition for its deposit, the plan submitter shall correct the plan documents and submit the plan as corrected in accordance with the decision of the committee to the district planner, together with a report detailing all the amendments made to the plan documents, within the periods referred to in section 14(b).
(b)Where corrected documents have been submitted to the committee as referred to in subsection (a), the district planner shall examine them; where the district planner has determined that the documents have been corrected in accordance with the decision of the committee, he shall notify the plan submitter accordingly and shall attach the text of the notice of the deposit of the plan that is to be published under this Law.
(c)Where the district planner has found that the documents have not been corrected in accordance with the decision of the committee, he shall notify the plan submitter accordingly within seven working days of the date on which the documents were submitted to him and shall specify the corrections required in them; where the district planner has given notice as aforesaid, the corrected documents shall be submitted within seven working days of the date of receipt of the notice.
(d)Where corrected documents have not been submitted to the committee within the dates prescribed in subsections (a) or (c), or where the district planner has determined that the documents submitted following his notice were not corrected in accordance with his directions, the provisions of section 16(1) shall apply.

Cancellation of a decision on deposit§

16.

The decision of the committee to deposit a national housing plan shall be void upon the occurrence of one of the following:

(1)corrected documents were not submitted to the committee in time;
(2)the other conditions set by the committee for the deposit of the national housing plan were not fulfilled within the period referred to in section 14.

Publication of notice of deposit§

17.
(a)Notice of the deposit of a national housing plan shall be published within ten days of the date on which the plan submitter received the notice of the district planner as referred to in section 15(b) –
(1)on two signs in a prominent place within the area of the plan, in accordance with the provisions under sections 89a(a) to (c) and 265(22b) of the Planning Law;
(2)in a newspaper, in accordance with the provisions of section 1a of the Planning Law, with the following modifications: instead of "in two newspapers" read "in five newspapers", and instead of "at least one of which is a widely-circulated newspaper" read "at least two of which are widely-circulated newspapers";
(3)on the website of the Ministry of the Interior.
(b)Publication of a notice as referred to in subsection (a)(1) and (2) shall be effected by the plan submitter and at his expense, in the text approved by the secretary of the committee.

Dispatch of notice of deposit§

18.
(a)Without derogating from the obligation of publication under the Planning Law, the committee shall send notice of the deposit of a national housing plan, within the period referred to in section 17(a), to each of the following:
(1)the engineers of the local committees within whose planning area the area of the plan is included and the directors general or secretaries of the local authorities within whose jurisdiction the area of the plan is included;
(2)the engineers of the local committees whose planning area borders on the area of the plan;
(3)where the area of the plan borders on the area of another district – to the district planner of the bordering district;
(4)the corporations listed in section 119b(9)(a) of the Planning Law;
(5)the members of the District Committee and the representative of the Ministry of Welfare.
(b)Where notice has been delivered to the director general or secretary of a local authority, he shall forward it to the members of the council of the authority.
(c)Where a national housing plan included provisions regarding consolidation and division without consent, the provisions under the Planning Law regarding the dispatch of notices of deposit shall apply, in addition to the provisions of this section.
(d)No claim shall be heard that notice of the deposit of a plan under this section was not delivered to a person to whom there is an obligation to deliver notice under this section, except from the person towards whom the said obligation applies.

Making the documents of a national housing plan available for public inspection§

19.

All documents of a national housing plan that the committee has decided to deposit, as well as the opinions of the committee's professional advisers and the opinion of the district planner as referred to in sections 11 and 12, shall be open for public inspection at the offices of the District Committee and at the offices of the local committee within whose planning area the area of the plan is included, and also on the website of the Ministry of the Interior, and where the plan submitter is a body listed in section 9(a) – also on its website.

Submission of an objection§

20.
(a)Any person may submit an objection to a national housing plan that has been deposited.
(b)An objection shall be submitted to the committee within 60 days of the date on which notice of the deposit of the plan was published pursuant to section 17, and in respect of a person to whom notice of the deposit of the plan is to be sent pursuant to section 18 – within 60 days of the date of receipt of the notice; for this purpose, the date of publication of the notice of the deposit of the plan shall be the later of the following:
(1)the date of publication on the last sign erected within the area of the plan pursuant to section 17;
(2)the date of the last publication among the publications in a newspaper pursuant to section 17;
(3)the date of publication on the website of the Ministry of the Interior pursuant to section 17.

Hearing of objections and the decision of the committee§

21.
(a)The committee shall hear the objections to a national housing plan by itself or through an examiner, within 30 working days of the last date for the submission of objections pursuant to section 20(b) (in this Law – the period for hearing objections); the chairperson of the committee may, for special reasons that shall be recorded, extend the period for hearing objections by an additional period not exceeding 30 working days.
(b)Where the committee has heard the objections by itself, it shall decide within 21 working days of the end of the period for hearing objections –
(1)to accept or to reject the objections, in whole or in part;
(2)to approve the plan, with or without amendments or subject to conditions it shall determine, or to reject it.
(c)Where an examiner has been appointed as referred to in subsection (a), he shall hear the objections and shall submit his recommendations to the committee within 30 working days of the end of the period for submission of objections, and the district planner shall be entitled to submit his position in connection with the examiner's recommendations up to the date of the hearing before the committee on those recommendations.
(d)Where the examiner's recommendations have been submitted to the committee, the committee shall decide, within 21 working days of the date of submission of the examiner's recommendations –
(1)to accept or to reject the recommendations, in whole or in part;
(2)to approve the plan, with or without amendments or subject to conditions it shall determine, or to reject it.
(e)Where a national housing plan has been deposited and no objections have been submitted by the last date for submission of objections pursuant to section 20(b), the plan shall be deemed as if the committee had approved it at the end of 30 days from that date, unless the committee has decided otherwise during those 30 days.
(f)The district planner shall be entitled to extend the dates referred to in subsections (c) and (d), for special reasons that shall be recorded, by a period not exceeding seven days.

Conditions for the approval of a national housing plan§

22.
(a)The committee shall not set conditions for the approval of a national housing plan unless it has considered that the conditions can be fulfilled or are expected to be fulfilled within 60 days, and in respect of a national housing plan in an evacuation-construction complex – within 90 days, of the date of publication of the decision on the website of the Ministry of the Interior as referred to in section 30 or of the date on which the decision was delivered to the plan submitter, whichever is earlier; the chairperson of the committee may extend the said period by an additional period not exceeding 30 days, and in respect of a national housing plan in an evacuation-construction complex – by a period not exceeding 45 days.
(b)Where the committee has directed that amendments be introduced in the documents of a plan, the provisions of section 15 shall apply to the correction of such documents, with the necessary modifications.

Cancellation of a decision to approve a national housing plan§

23.

The decision of the committee to approve a plan shall be void and the plan shall be deemed a plan that has been rejected, upon the occurrence of one of the following:

(1)corrected documents were not submitted to the committee within the date prescribed therefor pursuant to section 22(b);
(2)the conditions set by the committee for the approval of the plan pursuant to section 21(b)(2) or (d)(2) were not fulfilled within the period referred to in section 22(a).

Publication of notice of approval of a national housing plan§

24.
(a)Where the committee has decided to approve a national housing plan and the district planner has determined that the conditions set for its approval pursuant to section 21(b)(2) or (d)(2) have been fulfilled, if any such were set, he shall notify the plan submitter of the approval of the plan and shall attach the text of the notice of approval that is to be published under this Law.
(b)Notice of the approval of a national housing plan shall be published by the plan submitter, at his expense, in a newspaper as referred to in section 17(a)(2), within 16 days of the date on which the notice was delivered to him by the district planner, provided that in respect of a plan that the Minister of the Interior has decided requires his approval pursuant to section 109(a) of the Planning Law – the Minister of the Interior has approved the plan or 30 days have elapsed from the date on which the plan documents were transferred for the approval of the Minister of the Interior and he has not notified that he does not approve it.
(c)Notice of the approval of a national housing plan shall be published on the website of the Ministry of the Interior.
(d)A copy of the notice of approval of the plan shall be sent to those to whom notice of its deposit is to be sent as referred to in section 18(a).
(e)The secretary of the committee shall publish a notice in Reshumot (Official Gazette) of the approval of a national housing plan.

Commencement of a national housing plan§

25.

A national housing plan shall commence, for the purposes of any law, on the date of publication of notice of its approval in a widely-circulated newspaper or on the website of the Ministry of the Interior as referred to in section 24(c), whichever is later.

Publication of notice of rejection of a national housing plan§

26.

Where a national housing plan has been rejected by the committee, the secretary of the committee shall publish a notice of its rejection in a newspaper as referred to in section 17(a)(2) and on the website of the Ministry of the Interior, within 21 days of the date on which it was rejected.

The date for commencement of implementation of a national housing plan and the consequences of failure to implement on time§

27.
(a)Implementation of a national housing plan shall commence within two and a half years of the date on which it was approved; for the purposes of this section, the actual implementation of 25 percent of all the planned infrastructure works in the area of the plan shall be deemed commencement of implementation of a plan; the Prime Minister and the Minister of the Interior may prescribe rules regarding the manner of calculating the rate of infrastructure works as aforesaid.
(a1)Notwithstanding the provisions of subsection (a), implementation of a national housing plan in an evacuation-construction complex shall commence within four years of the date on which it was approved; for the purposes of this section, the receipt of a permit for the construction of at least one building within the area of the plan shall be deemed commencement of implementation of a plan.
(b)Where the date referred to in subsection (a) has elapsed, the district planner shall deliver a notice on the state of implementation of the plan to the District Committee within whose planning area the area of the plan is included.
(c)Where implementation of a plan has not commenced within the period referred to in subsection (a) or (a1), its validity shall not lapse; however, the District Committee shall be entitled to amend the plan, to suspend it or to cancel it.
(d)An owner of land or a holder of a right in land within the area of a national housing plan shall not be entitled to claim any compensation in respect of the amendment, suspension or cancellation of the plan as referred to in subsection (c).

Consequences of the cancellation, suspension or amendment of a national housing plan§

28.
(a)Where a plan has been cancelled or suspended as referred to in section 27(c), the following provisions shall apply:
(1)a person who received compensation pursuant to section 197 of the Planning Law in respect of the harm caused by the plan shall return to the payer of the compensation the amount of compensation paid to him, together with shekel interest from the date of payment until the date of repayment, and the provisions of the Interest and Linkage Adjudication Law shall apply in respect of such interest, with the necessary modifications;
(2)the local committee shall return to a person from whom it collected betterment levy in respect of the plan, the amount of betterment levy it collected from him, together with shekel interest from the date of payment until the date of repayment, and the provisions of the Interest and Linkage Adjudication Law shall apply in respect of such interest, with the necessary modifications.
(b)Where a plan has been amended as referred to in section 27(c), the provisions of subsection (a) shall apply, with the modifications required by the nature of the amendment introduced in the plan, and compensation paid or betterment levy collected shall be returned proportionately to the amendment; where there is a dispute regarding entitlement to a refund of a payment as aforesaid or regarding the amount to be refunded, the provisions of section 198(d) to (h) of the Planning Law shall apply, with the necessary modifications.
(c)Where a plan has been cancelled or suspended as referred to in section 27(c), any expropriation carried out pursuant to the plan shall be cancelled, and the provisions of section 14 of the Land Acquisition Ordinance (Purchase for Public Purposes), 1943, shall apply to the cancellation of the expropriation, with the necessary modifications; a person who received compensation in respect of the execution of an expropriation that has been cancelled as aforesaid shall return to the payer of the compensation the amount of compensation paid to him, together with shekel interest from the date of payment until the date of repayment, and the provisions of the Interest and Linkage Adjudication Law shall apply in respect of such interest, with the necessary modifications.

Survey plan for registration purposes§

29.
(a)Within 60 days of the date of commencement of a national housing plan, the plan submitter shall submit to the committee a survey plan for registration purposes.
(b)The district planner shall approve a survey plan for registration purposes submitted to him within 21 working days of the date of its submission, provided that the survey plan conforms to the national housing plan.
(c)Where the district planner has found that a survey plan for registration purposes submitted to him does not conform to the national housing plan, he shall bring the survey plan before the committee for a hearing within seven working days of the date of its submission.
(d)The committee shall decide on the approval or rejection of the survey plan within 14 working days of the date on which it was brought before it, and it may decide to draw up a plan to amend a national housing plan; where the committee has decided to draw up an amendment plan as aforesaid, the provisions of sections 9 to 29 shall apply to the drawing up of the new plan, its submission and the proceedings for its approval.
(e)No building permit shall be granted in respect of a plot determined in a national housing plan that has not been registered as a parcel, unless the district planner has approved a survey plan for registration purposes for that plot and the survey plan has been submitted to the Head of the Survey Department.
(f)The provisions of this section shall not apply in respect of an area within the area of a national housing plan in an evacuation-construction complex in which the granting of building permits requires the approval of an additional plan.

Publication of decisions of the committee and documents submitted to it§

30.
(a)Decisions of the committee under this Law shall be published on the website of the Ministry of the Interior within seven working days of the date of their adoption.
(b)A plan submitted to the committee shall be published on the website of the Ministry of the Interior, together with its appendices, within seven working days of the date of its acceptance.
(c)The district planner's opinion, including the opinions attached thereto, shall be published on the website of the Ministry of the Interior within seven working days of the date of the decision on the deposit as referred to in section 13.
(d)The examiner's report on the objections heard before him shall be published on the website of the Ministry of the Interior within seven working days of the date of the decision of the committee as referred to in section 21(c).

Decision on an application for a permit under a national housing plan§

31.

The provisions of the Planning Law shall apply to an application for a permit under a national housing plan.

Submission of an Appeal and Powers of the Appeals Committee§

32.
(a)The provisions of the Planning Law shall apply to the submission of an appeal to the appeals committee pursuant to section 12a of the Planning Law (in this section – the appeals committee).
(b)Notwithstanding the provisions of subsection (a), where the appeals committee has decided to allow an appeal submitted to it such that a permit is to be granted pursuant to a national housing plan, the appeals committee shall be entitled to grant the permit itself or to direct the local licensing authority to grant the permit within a period that it shall determine.
(c)Where the appeals committee has decided to grant the permit itself, all the powers of the local licensing authority under the Planning Law, for that purpose, shall be vested in the chairperson of the appeals committee and in the representative of the district planner on the appeals committee.
(d)Where the appeals committee has directed the local licensing authority to grant a permit and the local licensing authority has not granted the permit within the period referred to in subsection (b), the provisions of subsection (c) shall apply.
(e)Where the appeals committee has decided to grant a permit, the fee for the grant of a permit under the Planning Law shall be paid to the State Treasury, and the provisions of the Planning Law shall apply to the remaining payments whose payment constitutes a condition for the grant of a permit under the Planning Law.

Implementation and Regulations and Report to the Knesset§

33.
(a)The Prime Minister and the Minister of the Interior are charged with the implementation of this Law and they are entitled to make Regulations with respect to anything relating to its implementation.
(b)The Prime Minister and the Minister of the Interior shall report to the Interior and Environmental Protection Committee of the Knesset once every four months, commencing on the day of commencement of this Law, on progress in its implementation.

Application of the Provisions of the Planning Law§

34.
(a)The provisions of the Planning Law shall apply to every matter regulated in this Law, unless a different provision has been prescribed in this Law with respect to that matter.
(b)Notwithstanding the provisions of subsection (a), the provisions of sections 6(b), 11c, 11d and 110 of the Planning Law shall not apply for the purposes of this Law.

Temporary Provision§

35.
(a)This Law shall apply to a national housing plan submitted to the national housing committee in respect of which a discussion was held before the committee and a decision was made to deposit it during the period from the day of commencement of this Law until the 26th of Av 5775 (11 August 2015).
(b)Notwithstanding the provisions of subsection (a), this Law shall also apply to a national housing plan submitted to a planning institution before the commencement of this Law or before the commencement of the Planning and Building Procedures Law for the Acceleration of Residential Construction (Temporary Provision) (Amendment), 5774-2013, provided that it was transferred to the national housing committee within the period referred to in subsection (a); where a plan has been so transferred, the committee shall continue to deliberate on it in accordance with the provisions of this Law from the stage reached by the planning institution to which it was submitted, however –
(1)where the planning institution did not decide to deposit the plan before it was transferred to the committee, the committee shall not deliberate on the plan unless the opinions referred to in sections 9(b), 11 and 12 have been attached to it;
(2)where the planning institution commenced hearing objections to the national housing plan before it was transferred to the committee, the committee may continue to deliberate on the plan, provided that it hears all the objectors itself or by means of an examiner, and it is entitled to hear the objectors by means of an examiner who heard the objectors before the plan was transferred to it.
(c)(Repealed)

Amendment of the Administrative Courts Law – No. 63§

36.

In the Administrative Courts Law, 5760-2000, in the First Schedule, in item 10(a), after "offences and penalties," there shall come "and planning proceedings pursuant to the Planning and Building Procedures Law for the Acceleration of Residential Construction (Temporary Provision), 5771-2001,".

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LawReal Estate & Land

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