Planning and Building Law (Amendment No. 25)(1987)

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THIS LAW: Planning and Building Law (passed by the Knesset 14 July, 1965).
ITS AMENDMENTS: (13 Dec 1966) (16 Jul 1969) (17 Jul 1973) (19 Jul 1976 x 2) (1 Nov 1977) (25 Jul 1978) (6 Nov 1978) (31 Dec 1979) (3 Nov 1980) (8 Dec 1980) (3 Feb 1981) (3 Feb 1981) (3 Feb 1981) (4 Feb 1981) (30 Mar 81) (1 Apr 81) (28 Dec 82) (29 May 84) (3 Mar 86) (3 Mar 86) (8 Apr 1986) (30 Dec 1987) (26 Jul 1988) (30 Jan 1989) (23 May 1989)

(No. 8)

PLANNING AND BUILDING (AMENDMENT No. 25) LAW, 5746—1987*

Amendment of section 238A.

1. In section 238A of the Planning and Building Law, 5725-1965⁽¹⁾:

(1) the following subsection shall be inserted after subsection (b):

(b1)

(l) The chairman of a District Committee shall have, mutatis mutandis, the powers vested in the chaiman of a Local Commission, and a district planner shall have, mutatis mutandis, the power vested in the engineer of a Local Commission, for the purpose of making administrative demolition orders within the district and within a district planning area under section 12.
(2) The chairman of a District Commission shall not make an administrative demolition order, and shall not direct the chairman of a Local Commission to make a demolition order under paragraph (3) save after consultation with the representative of the Minister of Justice on the District Commission;
(3) The Chairman of a District Commission shall not exercise his power under paragraph (1) in respect of building in an area other than a district planning area as aforesaid until he has given notice to the Minister of the Interior and has requested the Local Commission, in writing, to make a demolition order in respect of building as aforesaid and the chairman of the Local Commission has not done so within seven days from the date or service of the notice to the Commission or, if an order has been made, the order has not been carried out within fourteen days from the date on which it was made unless its carrying out was prevented by a court decision; these periods shall not be included in the count of thirty days referred to in subsection (i);
(4) The chairman of a Local Commission who has received a direction under paragraph (3) is exempt from the duty of consulting with the legal advisor of the Authority under subsection (b), and in a local planning area as referred to in section 19 he is exempt from consulting with the head of the local authority in the area of which the non-conforming building is situated; but it is his duty to notify him, before making the administrative demolition order, of the direction received by him as aforesaid.

(2) In subsection (i), the words "An administrative demolition order shall not be carried out" shall be replaced by the words "subject to the provisions of section (b1)(3), an administrative demolition order shall not be carried out",
(3) In subsection (j), after the words "to the Local Commission", there shall be inserted the words "The chairman of the District Commission shall notify the District Commission of the making of an administrative demolition order";
(4) In subsection (k), the words "and in the area of the district, all the said powers shall, mutatis mutandis, be vested in the District Commission", shall appeared the end of the subsection.
(5) In subsection (m), the words "the Local Commission" shall be replaced by the words "the Local Commission or the District Commission as the case may be".

	YITZCHAK SHAMIR Prime Minister	YITZCHAK SHAMIR Prime Minister and Minister of the Interior
CHAIM HERZOG President of the State

* Passed by the Knesset on 9 Tevet 5748 (30 December 1987) and published in Sefer Ha-Chukkim No. 1233 of 13 Tevet 5748 (8 January 1988), p. 20; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1817 of 5747, p. 160.

⁽¹⁾ Sefer Ha-Chukkim of 5725; p. 307 - L.S.I. Vol. XIX, p. 330; Sefer Ha-Chukkim of 5746, p. 150; L.S.I. vol XL, p. 162.

SOURCE: "Laws of the State of Israel: Authorized Translation from the Hebrew". Volume 42. Government Printer, Jerusalem, Israel (1948-1989), p. 15-16.