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Eldar  Adato Insights & News / 

April 18, 2021

Overcoming Opposition to Construction Plans

The publication of large-scale construction plans often provokes fierce opposition from residents in the area. Yedioth Ahronoth published in its weekend edition a comprehensive article on the subject. What do you need to know about submitting a plan and how to do so? Eldar Adato, the head of our Real Estate Department, was interviewed as part of the article.  

November 1, 2020

COVID-19 Does Not Justify a Breach of or Deviation from a Contract When Its Arrival in Israel Was Foreseeable

An Israeli court recently rendered an interesting ruling on the impact of COVID-19. The case in question involved the lease agreement for the operation of a hotel. The lease agreement, executed in February 2020, provided payment of rental fees for the month of March, but payment for the months of April and May had not yet been arranged.  

October 29, 2020

An Urban Renewal Project Agreement Is Not Transferrable

In urban renewal projects, residents or owner’s rights holders select the company with whom they are willing to embark upon this long journey, based on relationship of trust and competence. The trust required leads both parties to execute a binding agreement. Understandably, residents expect the company which whom they have contracted with to remain unchanged and not for those rights not to be transferred to other parties.

August 13, 2020

Supreme Court Reduces Protection for New Apartment Buyers

A new Supreme Court ruling determines that a warning note may not be used as collateral for buyers of apartments in a TAMA 38 project in Ramat Gan in which the developer went bankrupt. In light of the ruling, Elder Adato, the head of our Real Estate Department, was interviewed by Calcalist. He commented: "In dozens of TAMA 38 projects all over the country, the only collateral home buyers received until now was a warning note. These warning notes were primarily intended to ensure the money of home buyers. It is important to note that this ruling applies only to a specific event, in which the contractor collapsed and the warning notes constituted an 'onerous asset' for the completion of the project. "
Categories: Real Estate | Urban Renewal

July 10, 2020

Roundtable Article of Urban Renewal Experts

In the weekend edition of Yedioth Ahronoth, urban renewal experts gathered to discuss burning questions in the field. Adv. Eldar Adato, partner and head of the firm's Real Estate Department, explains what alternative housing is and when a tenant is entitled to it. He also discusses project delays.
Categories: Real Estate

May 31, 2020

Mandatory Conditions for Pinui & Binui Projects

Pinui & binui projects vary according to the requirements of the authorities and the law. Adv. Eldar Adato explains in a short video the difficulties of the process and what needs to be done in order for a pinui & binui project to be implemented in your building.

March 23, 2020

The Corona Effect: Q&A on Real Estate

Eldar Adato answers a question in Globes about the use of the force majeure clause in real estate contracts. According to Eldar, "The law does not have a uniform definition of what a force majeure event is and interpretation is made in accordance with previous rulings.”
Categories: Real Estate

March 16, 2020

Does a Delay in the Delivery of an Apartment Due to the Coronavirus Constitute Grounds for Untimely Delivery without Compensation?

What happens if a contractor’s workers do not come to work due to the spread of the coronavirus, and therefore cause delays in the delivery ? Will the buyer be entitled to compensation or will the delay be justifiable?

February 10, 2020

The Battle over Pinui & Binui: Ministry of Justice Wants You to Receive More for Each Apartment

Eldar Adato was interviewed by Globes on the Urban Renewal Authority's latest initiative to limit the addition of space in the apartments of Pinui Binui projects to 12 sq. m. Adato explains that this reduction represents another decrease in entrepreneurs' profit, thus jeopardizing the promotion of projects in this field.
Categories: Real Estate | Urban Renewal

December 23, 2019

Eldar Adato Featured in Globes Real Estate Supplement's Recap of 2019

In the Globes Real Estate Supplement's recap of 2019, Eldar Adato presents one of the most important judicial rulings of the year. Eldar discusses a controversial court decision to repeal caveats registered on behalf of purchasers in order to allow progress in an urban renewal project. According to Eldar, this ruling has far-reaching consequences.
Categories: Real Estate | Urban Renewal

December 5, 2019

Urban Renewal Authority Halts Projects Due to Improper Obtaining of Signatures

Eldar Adato was interviewed by TheMarker following a precedential decision by the Urban Renewal Authority to halt "evacuation and reconstruction" projects following the improper and harmful obtaining of signatures by the developer. According to Eldar, the State acted properly in its intervention in this case.
Categories: Real Estate | Urban Renewal

November 20, 2019

Event: Urban Renewal

Our office hosted today an event on urban renewal. The event dealt with the 2019 review of the field and projections for 2020. Elder Adato and Meital Rahim Bachar from our Real Estate Department provided an overview of the new amendments. We also hosted the chairman of the Urban Renewal Authority and held an expert panel.
Categories: Real Estate | Urban Renewal

November 13, 2019

Elder Adato Moderates Mayoral Panel at the Israel Builders Association Conference

Elder Adato, the head of our Real Estate Department, moderated today the mayoral panel at the Israel Builders Association Conference. Participating in the panel were the mayor of Eilat, the mayor of Yehud-Monosson, the co-CEO of Shalom Et Nathan, and the chairman of the Israel Builders Association.
Categories: Real Estate | Urban Renewal

September 4, 2019

An Additional Barrier in Performing TAMA 38 Projects

In a precedential ruling, the Tel Aviv District Appeals Committee affirmed the Regional Planning and Construction Committee’s decision that in cases in which a new zoning plan provides more rights than those set in the TAMA 38 provisions, the consent of all residents is required.

July 23, 2019

Interview with Eldar Adato about Purchasing Groups

Eldar Adato was interviewed by TheMarker following publication that a group of apartment purchasers in the exclusive Blue project submitted a claim against Canada Israel. Eldar explained more about purchasing groups and noted that "those who join purchasing groups become entrepreneurs together with the other group members and, as a result, are dependent on the management of the group. The group members have no final price for the apartment, there is no final date for occupancy, and there are no guarantees for the money that they pay. It is important to remember that despite the possibility of large savings in the value of the future apartment, which sometimes reaches 20%, there are many projects managed incorrectly and that sometimes even cost the group more money than they would pay if they were buying an apartment directly from a contractor."
Categories: Real Estate | Real Estate Transactions

July 7, 2019

Building Removed from Pinui-Binui Plan Due to Residents' Objection

Adv. Eldar Adato was interviewed by Globes about a pinui-binui project in Kiryat Yovel, Jerusalem. Eldar is advising some of the residents in this project. Residents of the middle building objected to the plan before the Jerusalem District Planning and Building Committee, which eventually decided to exclude this particular building from the project. Eldar says this decision proves that it is possible to make flexible plans and exclude buildings with objections while still otherwise approving pinui-binui plans.
Categories: Real Estate | Urban Renewal

July 3, 2019

The Expected End Date for TAMA 38: May 2020

The Planning Administration revealed that the deadline for the completion of the TAMA 38 plan is May 2020. Eldar Adato, the head of our Real Estate Department, was interviewed by TheMarker on the matter. He said the Planning Administration's announcement entangles an entire industry built on the basis of TAMA 38, and projects that invested hundreds of hours of work and hundreds of thousands of shekels will be left orphaned and unable to implement.
Categories: Real Estate | Urban Renewal

June 12, 2019

First Evacuation and Reconstruction Project in Givat Olga

Our Real Estate Department is representing the entrepreneurs and some of the residents in an evacuation and reconstruction project on Hagdud Haivri St. in Givat Olga, Hadera.
Categories: Real Estate | Urban Renewal

March 25, 2019

Scope of Land Supervisor's Powers

A judgment by the Supreme Court recently established the scope of instructions the Land Supervisor is authorized to issue in regard to the common property of a condominium defined as a "complex building."

December 25, 2018

Family Members Are Not Necessarily One Economic Unit for the Purposes of Betterment Tax Payments

The Appeals Committee for Planning and Building, Compensations and Betterment Tax in the District of Jerusalem held that family members who are not one economic unit are not a single family unit for the purposes of exemption from betterment tax in the expansion of an apartment of no more than 140 square meters.

October 15, 2018

A Building without a Building Permit Cannot Perform Urban Renewal under TAMA 38/2

The Tel Aviv District Court, presiding as an Administrative Court, rejected a petition filed against the District Appeals Committee for Planning and Construction and held that a structure that has not received a building permit cannot execute a TAMA 38 project. Per the court, the desire to reinforce buildings for risk of earthquakes is not intended to cure construction non-compliance and is not designed to "launder" buildings constructed without a permit

March 7, 2018

Purchasing Apartments through TAMA 38 Projects

If you are interested in purchasing an apartment from a contractor through a TAMA 38 project, you should know that the process is completely different from purchasing a new apartment from a contractor or the purchase of a secondhand apartment.

February 19, 2018

Failed Attempt by Owners of Tel Aviv Building’s Basement to Convert Office Space into Apartments

The Tel Aviv District Appeals Committee recently set aside a building permit granted by the city of Tel Aviv to the owner of office space in a building designated for demolition under TAMA 38 who sought to convert the space to residential use.

February 15, 2018

City of Givatayim to Freeze All Future TAMA 38 Projects in East Givatayim for Two Years

Givatayim intends to transform the city's east with a series of "Pinui-Binui" projects to be built along Ben-Gurion Street on the city lines between Givatayim and Ramat Gan. In order to advance the plan, the Tel Aviv District Committee for Planning and Construction approved Givatayim’s request to prohibit the issuance of permits for TAMA 38 in the same area for a period of two years.

February 8, 2018

The National Committee for Planning and Construction for Areas Prioritized for Residences Approves Urban Renewal Plan

The National Committed decided, for the first time, to submit an urban renewal plan for the residential neighborhood of Kiryat Moshe in Rehovot.

February 5, 2018

Main Aspects of Plan for Tel Aviv 3rd Quarter Will Enable Construction of 8,000 New Apartments through TAMA 38

The Tel Aviv District Committee for Planning and Construction recently gave final approval for the Tel Aviv 3rd Quarter Plan, making possible the construction of 8,000 new residential units. The road to the plan's final approval, a plan prepared in accordance with section 23 of TAMA 38, was long and filled with obstacles.

January 9, 2018

Pinui-Binui– The Full Legal Guide

The “Pinui-Binui” transaction is a common name for combination transactions, in which existing residential neighborhoods are vacated in favor of the reconstruction of a new neighborhood in the same complex. At the same time, existing tenants trade in their old apartments for new ones in a modern neighborhood with new and developed environmental infrastructure.

September 14, 2017

How Does TAMA 38 Begin?

Dozens of TAMA 38 projects are never implemented for a variety of reasons. Here is a short overview of points to help you ensure your TAMA 38 project is put into practice.

July 25, 2017

Israel’s Sale Law Commissioner Clarifies that Urban Renewal Transactions Must Comply with Provisions of Sale Law

On July 24, 2017, the Sale Law Commissioner in the Israeli Ministry of Construction and Housing published two clarifications concerning the Sale Law and urban renewal projects.

April 10, 2017

New Amendment to the Sales Law - A Developer May Not Deposit a Value Added Tax (VAT) Guarantee

The Knesset passed a new amendment (Amendment 9) to the Sales Law (Apartments), whereby developers who build apartments for sale are permitted not to deposit sureties for the VAT component of the transaction, thus decreasing the sum deposited by them.

March 15, 2017

TAMA 38 – The Complete Guide

The Israeli government resolved to approve and implement a national outline plan, known as TAMA 38, to reinforce buildings from the risk of earthquakes. To which buildings does the plan apply and what should one know before signing a contractual agreement with the contractor?

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