The building collapse in Holon last month will be nothing compared to what we can expect in the coming years. No one in the government is talking about it, but the Metro can cause the collapse of a huge number of "paper" buildings.
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The definition of a hazardous building appears in the municipal by-laws. For example, the 2001 Tel Aviv-Jaffa By-Law (Hazardous Buildings) states that the building's owner will maintain the building in a condition that ensures the safety of the building's holders, the public, and the adjacent properties.
In case the building is suspected as hazardous, the municipality must examine it. If it finds, according to an expert opinion, that the building is indeed hazardous, the municipality can require the property owner to perform a list of works. If the owner fails to fulfill the requirements, the municipality can perform the works itself and charge the owner for the expenses. If the municipality finds that the building is in imminent danger, it can issue a closure order and impose its evacuation and immediate demolition.
Real and palpable danger
What do the Metro plans have to do with all this? The Metro subway system is planned to cover 23 cities, with a network totaling 145 km of tracks in the center of the country. At present, the plans are being submitted and discussed. A law looming over the plans prohibits issuing building permits that conflict with a submitted plan, meaning that buildings within the perimeters of the metro plans that are defined as hazardous cannot be renovated – representing a real and palpable danger.
Many tests performed lately have revealed numerous buildings defined as dangerous. To these, we should add the buildings constructed before 1980, which are not protected from earthquakes according to Standard 413.
The importance of this issue is highlighted by the publication of Minister of Interior Ayelet Shaked's proposal for a plan to combat hazardous buildings. The plan may allow fast-track demolition and reconstruction of buildings with the addition of building rights of up to 800%, exemptions from improvement taxes, and expedited processes for the plan's approval and issuance of building permits.
In the usual track, the maximal addition of building rights is 400%, with an improvement tax and in some cases, allocation of public space to the local authority. Hopefully, the red tape can be cut through and building rights can be increased substantially.
The long road to renewal
Lately, the importance of reinforcing and renewing hazardous buildings has come to public attention, particularly following the Holon disaster, which showed what could happen if this issue is not addressed. But it seems the road is still long and full of obstacles.
The Metro plan, which in the immediate future will prevent building renewal, or neighbors who oppose reinforcement plans and submit objections and appeals that take years to process, or a local authority uninterested in a large addition of building rights in its jurisdiction, with or without improvement taxes – these are some of the obstacles preventing building renewal. The intentions are good, but the case of dangerous buildings that may collapse any day, we believe the prerogative of the local authorities should be restricted and reinforcement should be allowed without delay.
Apparently, the government believes the solution lies in increasing the reward for tenants and the incentive for demolition. We believe this is a partial solution, since though most tenants may be interested in moving to a new apartment, we see that a major part of the problem is the power that lies in the hands of the local authorities. They enjoy a kind of veto power and the prerogative to advance urban renewal projects or not. The local authorities are motivated, among other things, by financial interests related to improvement taxes and public infrastructure.
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A combination of local authority power, national plans for the light rail and Metro systems with a very long network, and neighbors objecting to rule relaxations are the main reasons for the fact that for many years after it has become clear to everyone that something must be done, so few buildings have been renewed.
Let's hope the government will rescind some of the prerogatives of the local authorities and decide on a fast track to solving the problem before it costs human lives.
Attorney Tzahi Shuv is an expert on real estate, and planning and construction.
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