Today (Thursday) a report was submitted to the Knesset summarizing enforcement actions in the field of planning and construction for 2021 on behalf of the Real Estate Enforcement Authority, which presents the enforcement data of the Authority and the local committees. The report is submitted in accordance with Amendment 116 to the Planning and Building Law.
The data show that there was a further decrease of about 28% compared to 2020 in significant construction starts (building skeletons, piles, drilling of foundations) in the open areas – 181 significant construction starts in 2021 compared to 253 in 2020. Compared to 2017 (before Amendment 116 to the law) , This is a decrease of about 83%.
In the Southern District, the Authority has been operating through periodic aerial photographs frequently since 2018. The Bedouin sector poses various challenges and is handled by a number of authorities. In 2021, 118 significant construction starts were found in the Bedouin sector. This is a slight decrease compared to 2020 in the number of construction starts of hard buildings outside the existing residential clusters in the Bedouin sector but the figure still remains significantly lower compared to 2018 where 280 significant construction starts were found.
Administrative demolition orders:
In 2021, there was a 10% increase in the number of administrative orders issued by the Real Estate Enforcement Authority (from 1662 in 2020 to 1,844 in 2021). Compared to 2017 (before the entry into force of Amendment 116), this is an increase of approximately 190%.
Execution of demolition orders:
In 2021 there was a marginal increase compared to 2020 in the number of demolition orders for illegal structures carried out across the country (1,708 in 2021 compared to 1,701 in 2020). Most of the orders executed in 2021 (85%) were independently demolished by the builders themselves, usually as a result of or during a focused and effective administrative procedure.
Administrative fines:
In 2021, the Authority acted against 943 buildings that do not have the horizon of the series. An examination of the cessations of use following activities on the basis of administrative fines shows that in 2021 the use of 607 offenses (a total of about 815,520 square meters) was stopped. This is compared to 2020, when the use of 479 offenses (approximately 575,787 square meters) was stopped. In the test of the result, in 2021 515 illegal businesses operating in areas without a planning horizon were closed.
An examination of the effectiveness of fines reveals that approximately 58% of all offenses against them are initiated through administrative fines, since the use of this tool began, they are discontinued before the fine is imposed and without conducting any proceedings.
Economic value:
According to real estate appraisal data, the value of the prohibited use offenses, ie, the difference between the value of the land for its legal purpose and the value of the land according to its actual use, stands at a total of NIS 304,604,716 (only for the offenses for which an application was made To be tried (about one-eighth of all offenses against which the authority acted).
Enforcement activities in local committees:
In 2021 there was an increase of about 26% in the number of notices issued in preparation for an administrative fine by the local committees and of about 43% in the number of fines issued. In the area of administrative orders, there has been a 21% increase in the number of administrative demolition orders issued by local committees compared to 2020.
These numbers represent a significant improvement over the 2020 data, but do not yet reflect the full potential of the implementation of this enforcement tool in independent local committees. By comparison, in 2021 the Real Estate Enforcement Authority issued 673 administrative fine notices, and 196 fine notices. That means more alerts and more fines than all the independent committees combined.
The Real Estate Enforcement Authority rated the local committees according to the scope and quality of the enforcement carried out in them. In 9 local committees (Beit Hakerem Valley, Elad, Ma’ale Hagalil, Taibeh, Tira, Nazareth, East Sharon, Kesem and the Carmel ridge) It was found that the level of enforcement is bVery large missing, And sometimes absolute. The Authority recommends that the enforcement mechanism in these committees Will be cut off from local leadership By joining the same committee to a spatial committee, with a chair appointed by the Minister of the Interior, or a similar mechanism.
Regarding 11 other committees (Rahat, Sharonim, Mateh Yehuda, Lod, Iron, Rehovot, Abu Basma, Eilat, Negev Mizrahi, Lachish and Merom Hagalil) Found that the level of enforcement in them is Very low, and in practice they do not fulfill their duty. The authority recommends starting with the steps required by law For taking enforcement powers In those committees, for a fixed period. At the end of the period, the Authority will examine the possibility of restoring enforcement powers to these committees or continuing to fulfill their role for an additional fixed period.
In an attempt to deal with the phenomenon of illegal construction, the Israeli government initiated a comprehensive move to increase enforcement of the Planning and Construction Law. The move, which began in 2016, ended with the approval of the Administrative Offenses Regulations in 2018. 2021 is the third year of implementation of the regulations, and it can already be determined that the move of shifting the center of gravity from the criminal process to the administrative process has proven itself.
The data show that since the amendment of the law, there has been a real change in the effectiveness of enforcing planning and construction offenses. There has been a sharp decline in construction starts in the open spaces, a very large number of prohibited uses without a closing planning horizon without the need to conduct proceedings and the percentage of execution of orders has increased considerably. The effect of the amendment to the law has not yet reached its full potential in the local committees, and it is clear that there are gaps in their activities that need to be addressed.
The director of the Real Estate Enforcement Authority, Avi Cohen: “In 2021, the Real Estate Enforcement Authority was more active in enforcing construction offenses throughout the country. The data emerging from the report indicate a real revolution in the state’s enforcement of planning and construction offenses and they prove that these offenses are not a matter of fate and when the state takes responsibility for dealing with them it succeeds in bringing about real results. The authority will continue to work to reduce the offenses within its area of responsibility and will continue to assist local committees in increasing enforcement actions in their area. ”