Circular of the Director-General of the Ministry of the Interior regarding the implementation and implementation of NOP 38 Plans:
On January 6, 2009, a circular was published by the Ministry of the Interior regarding the implementation of NOP 38. In the circular itself, the Ministry of the Interior details the conditions and requirements for the implementation of the plan.
In order to approve the TAMA 38 plan and to encourage further reinforcement of existing structures against earthquakes, several legislative amendments were approved:
Which provides for an exemption from betterment tax and sales tax in respect of which the sale proceeds as a result of building rights according to National Master Plan 38. An exemption from land betterment tax and purchase tax in the sale of a right in real estate that constitutes property In a building that received building rights according to National Outline Plan 38, in accordance with the conditions stipulated in the law.
(Encouragement of Strengthening Buildings against Earthquakes) (Temporary Order) Regulations, 5768-2007, according to which a reduced rate of betterment levy and fee for the granting of a permit under section 145 of the Planning and Building Law, all in accordance with the conditions prescribed by law.
The Real Estate Law (Reinforcement of Condominiums against Earthquake) - 2008 - In accordance with the provisions of the law, lenient provisions were set for the matter of the majority required in a joint building for a decision to perform reinforcement work on common property and other related works that improve the common property, As prescribed by law.
For details regarding the required majority and the extent of rehabilitation, click here.
The purpose of the directive is to guide the planning institutions regarding the preparation of plans and the granting of building permits according to National Outline Plan 38, in order to assist in the realization of NOP 38.
In order to receive a building permit in accordance with Plan No. 38, the following conditions must be met:
To specify in the appropriate place in Form No. 1 of the First Schedule to the Planning and Building Regulations (Application for a Permit, its Conditions and Fees), 5730-1970 (in accordance with Regulation 2 (a)).
(In accordance with Regulation 18 (a) if a reduced fee was paid pursuant to section 266 (d) of the Planning and Building Law, 5728-1965), in accordance with section 18 (a) of the First Schedule to the Planning and Building Regulations (Application for a Permit, its Conditions and Fees) (Hereinafter: "the Law") and if an improvement tax is paid under section 19 (b1) of the Third Schedule to the Law, in accordance with Plan No. 38.
(1) of the Planning and Building Regulations (Application for a Permit, its Conditions and Fees), 5730-1970 (in accordance with Regulation 2 (a)), in the description of the request that the structure is to be strengthened against earthquakes according to NOP 38.
Fill out the relevant form of the forms attached to the instructions and attach it to the building permit documents issued under National Master Plan 38. This form will also be submitted to the Tax Authority for the purpose of receiving tax relief by virtue of Amendment No. 62 to the Land Taxation Law and to the Supervisor of Land as required by the Land Law Earthquakes), 5768-2008.
At the time of preparing plans under section 23 under the National Master Plan 38:
In order to realize the benefits and easements (in whole or in part) that were granted in the aforementioned legislative amendments, also in respect of the rights granted pursuant to such plan, the planning institution that deposits and approves a plan under section 23 of NOP 38 must fulfill the following conditions:
To request the preparation of an economic opinion that examines the extent to which the need for increased building rights in the same area is necessary, in order to cover the reinforcement costs of the buildings, the plan will be examined by the appraiser of the planning institution that deposits the plan in accordance with NOP 38.
In the section of objectives for the provisions of the plan, the following sentence shall be explicitly stated: "This plan is prepared in accordance with the provisions of section 23 of the National Master Plan 38".
A plan to be submitted in accordance with Plan No. 38 will stipulate that "this plan is subject to the provisions of National Master Plan 38 so that the conditions for realization of the building additions will be the reinforcement of the buildings according to the mechanisms set forth in NOP 22 and part of the additional rights ... , Are needed to enable consolidation. "
It is emphasized that when granting a building permit according to a plan approved as aforesaid, all the conditions specified in sections a.1a.4 above must be fulfilled, all in accordance with the provisions of National Master Plan 38.