Legal Representation in Building Without a Permit Offenses in Israel
Legal Representation in Building Without a Permit Offenses
Building without a permit is one of the most common and serious offenses under Israeli planning and building law. These offenses harm public order, the enforcement of planning law and the urban environment. Adv. Emanuel Trach represents clients facing legal proceedings over unauthorized construction, focusing on protecting their rights and managing the process efficiently.
What Is the Offense of Building Without a Permit?
Under the Planning and Building Law, 5725-1965, carrying out work on land without a permit, where the work requires a permit, is a criminal offense punishable by imprisonment or a fine, in addition to administrative enforcement measures.
Which works require a permit?
The law requires a permit from the local planning committee or the local licensing authority for, among other things:
- Building a new structure or demolishing one.
- Adding to or changing an existing building, including internal changes.
- Any other work on land or in a building, including development works, that requires a permit.
The Planning and Building Regulations (Works and Uses Requiring a Permit) define the types of works and uses that require a permit, for example:
- Adding rooms to an existing building.
- Building temporary or permanent structures.
- Building fences, sheds or balconies.
Types of Building Without a Permit
Type 1: construction carried out without a permit but in line with the local outline plan (TABA) and the designated land use.
Type 2: construction carried out without a permit and contrary to the local outline plan.
The first type can usually be regularized by applying for a permit. The second is much harder to legalize retroactively and may require a building variance, approval for a non-conforming use or even a change to the outline plan, a very complex process.
Examples of building without a permit
- Extending an existing building: adding a room without a permit from the local committee.
- Building on agricultural land: a residential or commercial structure on land not designated for construction.
- Building in sensitive areas: construction in nature reserves or areas of historic value without the required approval.
Criminal Aspects and the Consequences of a Conviction
Building offenses are classified as misdemeanors (avon). The limitation period for misdemeanors is generally five years, but note that use of a structure built without a permit may be treated as a continuing offense, so each case must be examined individually.
Building without a permit is both a criminal and an administrative offense under Chapter 10 of the Planning and Building Law.
Possible sanctions
- Heavy fines: depending on the size and nature of the offense, administrative fines can reach hundreds of thousands of shekels.
- Actual or suspended imprisonment: in particularly serious cases.
- Administrative or judicial demolition order: removing the illegal structure within a set period.
- Criminal record: a conviction affects the defendant’s legal and financial position.
Why Legal Representation Matters
Professional representation is critical in dealing with the consequences of these offenses:
- Minimizing harm: a lawyer can act to reduce fines and prevent imprisonment or demolition.
- Regularizing the legal situation: managing the process of obtaining a retroactive permit.
- Defense in court: identifying defects in the enforcement process and challenging unlawfully obtained evidence.
Examples from Our Practice
Cancelling an administrative demolition order
A client accused of building without a permit received a demolition order for a commercial structure. Adv. Emanuel Trach filed an administrative petition while working in parallel to obtain building permits. The order was cancelled and the structure was approved for lawful use.
Reducing fines for a continuing offense
A private property owner who extended his home without a permit was fined a significant amount. Adv. Trach negotiated with the local committee and reached an agreement reducing the fine, together with an undertaking to regularize the construction.
Regularizing and Legalizing Unauthorized Construction
The natural way to legalize construction built without a permit is to apply for a permit and negotiate with the authorities. Once the permit is granted, the construction is legalized, and sometimes the legal proceeding can even be cancelled.
Conditional Arrangement in Building Offenses
Amendment 66 to the Criminal Procedure Law extended the conditional arrangement (hesder mutne) to building offenses. In special circumstances, once the violation is removed, the case can be closed without a criminal conviction.
Sometimes this is possible even after an indictment has been filed, through negotiation and returning the case to a conditional arrangement.
Summary
Building without a permit has serious consequences and requires professional and experienced legal representation. Adv. Emanuel Trach offers personal and professional support, from the first dealings with the authorities through to the successful conclusion of the legal proceeding, finding creative solutions that protect his clients’ rights.
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