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Latest Updates / Urban Renewal
March 31, 2024
Pinui-Binui: Court Rules in Favor of Recalcitrant Tenants in Pinui-Binui Project
In an exceptional step, an Israeli court dismissed a claim filed by 243 residents against a couple in its 70s who refused to sign an agreement for a pinui-binui project. Part of the court’s rationale had to do with the couple’s age. Alon Wolner, a partner in our Real Estate Department, was interviewed by Globes about the case. Alon noted, “The court sided with the couple opposed to the project, even though they do not meet the law’s definition, and should not technically receive an elderly persons designation. The ruling thus provides an escape route, by allowing the couple to receive this designation, and enabling the project to proceed.”
July 17, 2023
Barnea: Representing 120 Apartment Owners in Pinui-Binui Project against Three Recalcitrant Owners
Lawyers from our firm’s Real Estate Department, are advising apartment owners in a residential complex designated for pinui-binui in Herzliya. They represented a group of about 120 apartment owners in court against three recalcitrant owners who are objecting to the project due to their demand for higher recompense from the contractor. The court made the extraordinary decision to order the recalcitrant owners to pay NIS 7.8 million in compensation (NIS 2.6 million apiece). In addition, each recalcitrant owner was ordered to pay NIS 20,000 for legal expenses.
July 3, 2022
Latest Legislative Amendments to Promote Pinui-Binui Projects
The importance of pinui-binui (vacate-and-build) projects for resolving the housing shortage in Israel has spurred new legislation to resolve the problem of recalcitrant tenants, to define what constitutes a majority of tenants in such projects, and to regulate projects in neighborhoods comprised of detached houses.
November 9, 2021
Much More than 66% – Must-Know Changes in the Urban Renewal Field
After years of expectations, the government has approved the legislative amendments needed to promote “Urban Renewal” projects in Israel. While everyone is talking about the amendment lowering the threshold of consent for apartment owners to 66%, a lot more has also changed. All of the amendments, both major and minor, are important.
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. "
February 10, 2020
The Battle over Pinui-Binui: Ministry of Justice Wants You to Receive More for Each Apartment
Our firm 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. We explained that this reduction represents another decrease in entrepreneurs' profit, thus jeopardizing the promotion of projects in this field.
December 5, 2019
Urban Renewal Authority Halts Projects Due to Improper Obtaining of Signatures
Our firm 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. We explained that this reduction represents another decrease in entrepreneurs' profit, thus jeopardizing the promotion of projects in this field.
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. We also hosted the chairman of the Urban Renewal Authority and held an expert panel.
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.
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.
September 2, 2019
Initiative to Increase Population Density in Residences
The National Committee for Planning and Construction has approved the Planning Administration’s initiative to amend the provisions of TAMA 35. The planned amendment will update the calculation method for the level of population density, from the number of residential units per square kilometer to the number of persons per square kilometer.
July 7, 2019
Building Removed from Pinui-Binui Plan Due to Residents' Objection
Our firm was interviewed by Globes about a pinui-binui project in Kiryat Yovel, Jerusalem, some of whose residents we were representing. 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. Our firm noted that this decision proves it is possible to make flexible plans and exclude buildings with objections while still otherwise approving pinui-binui plans.
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. As expets in the field, our firm was interviewed by TheMarker on the matter. We noted that 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.
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.
April 28, 2019
Israeli Authorities Taking Action to Lower Barriers in Urban Renewal Projects
In light of the complexity of urban renewal projects, and in order to promote further urban renewal, Israeli authorities have begun taking action to create mechanisms and implement changes to convince apartment owners and entrepreneurs that urban renewal projects are feasible and worthwhile.
January 3, 2019
Article: Saving Israel’s National Outline Plan 38 for Urban Renewal
Adv. Alon Wolner, who coordinates the urban renewal sector at our firm, has an article on Calcalist Dun's 100 website about the changing trend in urban renewal from NOP 38 projects to Pinui-Binui.
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 29, 2018
Buying an Apartment in an NOP 38/1 Urban Renewal Project? These New Regulations Are for You
The Ministry of Construction and Housing recently published a memorandum of law that prescribes a payment schedule for the first time that is specifically defined for urban renewal projects involving the addition of new apartments to existing buildings.
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