Full legal guide The "Evacuation-Construction" transaction is defined in the framework of the law as follows: "Contracts between an entrepreneur and the owners of apartments in a building for construction evacuation, according to which the apartment owners undertake to sell their rights in whole or in part for the purpose of demolishing the building and constructing a new building under it, "
Evacuation of construction - how to get the maximum A lecture by Adv. Eldar Adato at Urban Renewal Conference Adv. Adato explains how to implement a construction evacuation project and what is the right way to act in order to get the tenants the maximum in an evacuation and construction deal.
Conditions for approval of evacuation and construction In order to approve the plan as an evacuation plan, the following conditions exist: The number of units vacating the building evacuation area will not be less than 24 units. The complex may include a number of buildings which in general will not be less than 24 units. The area in which evacuation is planned is located within the municipal boundaries of the municipality and the local council. The following documents will be attached to the request for a construction evacuation transaction: 3.1. Initial planning for the evacuation of 24 housing units and the construction of at least 24 residential units.
Conditions of exemption from taxation in the execution of eviction transactions The agreement between the parties to carry out the evacuation of construction will take place after the "determining date", which was set today, November 7, 2001. The apartment vacated as part of a construction evacuation deal was used by the occupier for at least two consecutive years prior to the declaration of the area. The tenant sells all his rights in the same unit as part of the evacuation of construction.
Route of the poster - evacuation of construction There are three tracks for the declaration of the site as a clearing site for construction: "Construction evacuation area" - a definition designated for areas defined by the order as areas of evacuation and construction by a committee appointed by the government under the provisions of the Planning and Building Law. The committee is authorized to recommend to the government an order on the site as an evacuation and construction site.
How to get the most out of an eviction deal (tips) The entrepreneur sounds enthusiastic, the offer is reasonable, and you already imagine how you are sitting on the new balcony and counting migrating birds. So just before signing here, in a nutshell, a few tips on how to maximize your compensation in the construction evacuation project:
What can be done against a tenant who refuses to carry out a construction evacuation deal? Before we turn to the halachic renewal, which was recently determined in the decision of the Tel Aviv District Court, in which the balance of power between the tenants interested in executing a construction evacuation project differs significantly from the " Construction Without a real practical reason, we will first define the term "construction evacuation".
The changes that are being made following the approval of the law for the establishment of the Government Authority for Urban Renewal On 21 August 2016, the final version of the Government Authority for Urban Renewal Law, 2016. The main purpose of the law was to promote and encourage urban renewal activity, to increase the scope of realization of projects for urban renewal and to speed up their implementation in order to increase the supply of housing.
0% VAT on construction evacuation projects and TAMA 38 deals To date, in the context of clearing and construction transactions 38, the tax authorities have not permitted them to make VAT credits for the labor costs and materials purchased during the execution of the project. Thus, in practice, a large number of projects were not implemented, when the contractors could not be compensated and a number of projects were not implemented due to lack of general business on behalf of the contractor.
The law of the organizers of the deals in the evacuation-construction projects was removed from the agenda of the reform committee The phenomenon of machers is a widespread phenomenon in the transactions of urban renewal, and therefore the legislator is also required to address this issue and a bill was written specifically to deal with the subject - "the law of the organizers of the transactions." The law is designed to deal with cases in which various parties sign apartment owners to carry out an evacuation-construction deal, so that the agreement includes a commitment that the owners of the apartments will communicate in the future with an entrepreneur chosen by the organizer. In return for this undertaking of the apartment owners, the organizer undertakes to raise the agreements of the other apartment owners to the transaction.
A large fine for refusal by the refusal to evacuate buildings For some time, there has been a policy that encourages urban renewal, which includes, among other things, the promotion and acceleration of various construction evacuation projects, each of which involves a combination of the tenants of the building with an entrepreneur (the contractor), which prepares the land for the purpose of demolishing the existing building and building a building New. As a rule, with the completion of a construction evacuation deal, each of the residents receives a project designed to improve his property and maximize its monetary value.
Only 13% of the areas approved as state-initiated evacuation areas have reached the actual construction stage The State Comptroller's report indicates that more than half of the areas declared for evacuation have not been promoted at all and that the government's urban renewal routes are of low productivity and do not meet the needs of national housing.
Evacuation of Construction under NOP 38 (Amendment No. 2) As is well known, and as part of a policy that encourages urban renewal and acceleration of various demolition projects - old and dilapidated apartment buildings are being carried out as part of a combination of the tenants of the building with an entrepreneur (the contractor), which prepares the land for the purpose of rebuilding a building, To improve its assets at a considerable monetary value.
Extension of the declaration period in the construction evacuation project A large advantage that exists in the framework of clearing and construction transactions is that there is no tax on the transaction between the tenant and the contracting company. Recall that the transaction between the tenant and the contractor consists of two transactions. The tenant first "sells" the tenant to his apartment, and in the other "buys" the contractor from his new apartment. This means that in any other situation, the tenant was exposed to betterment tax in respect of the sale of his apartment, as well as purchase tax in respect of the purchase of the new apartment.
New principles for the expansion of land and the number of apartments in projects of evacuation and construction On December 9, 2015, the Knesset's Reform Committee approved a new policy with new principles that would significantly increase the allocation of land for evacuation projects. The committee, headed by MK Eli Cohen, has replaced the current policy of regular bargaining between developers and local authorities on the scope of building additions, which delays the issuance of construction evacuation projects.
The law for the establishment of the Authority for Urban Renewal was approved Last week, the Knesset plenum approved a 57-member government authority for municipal renewal, which aims at increasing urban renewal and accelerating the implementation of projects, and will be responsible for locating urban areas that are suitable for urban renewal, Promote projects.
The Rapid Planning Committee will approve evacuation and construction projects and private building plans The Ministry of Finance is currently promoting a legislative amendment aimed at significantly expanding the authority's powers (a special planning committee established in 2014 under Yair Lapid as finance minister, whose task it is to quickly approve large-scale and large-scale construction projects, mainly on state lands) It will be possible to submit plans for evacuation of construction and construction plans for private land with multiple owners.
Restricting the addition of additional land to an additional 25 m in construction evacuation transactions Construction evacuation projects are known for their complexity and are characterized by long negotiations between the contractor and the tenants, which include, inter alia, the additions that the tenants will receive in their new apartment. This is a free market, in which in every construction evacuation project the parties arrive after long negotiations on the changes that the tenants will receive in exchange for their consent to a construction evacuation deal.
Evacuation of construction - a court ruled that tenants are obliged to "irrevocable" Evacuation of construction - The court ruled that tenants are obliged to "irrevocably submit" a construction evacuation project they signed in 2006, even though they did not reach an agreement with the company with a binding agreement
Proposed law - the power to evict an apartment owner due to unreasonable refusal to eviction and construction The Ministry of Justice published a bill to amend the Evacuation Building (Compensation) Law, which proposes that the court be empowered to order the eviction of a reluctant apartment owner in a manner that will facilitate the exit of a construction evacuation transaction and appoint a person who can act to implement these transactions.
The delays in establishing the Authority for Urban Renewal On Monday, 13.02.2017, a special discussion was held in the Knesset Economics Committee on the establishment of the Authority for Urban Renewal. The administration was budgeted at NIS 37 million and received permission to commit NIS 80 million, but the Authority has not yet been established as planned. Recall that the Authority for Urban Renewal is a new authority approved a few months ago in the Knesset.
Even though the eviction of construction refuseers signed, the plaintiffs were charged a court fee of NIS 110,000 Evacuation of Construction - The District Court in Lod rejected a request to return the payment of a fee paid for the filing of a claim against tenants who objected to a construction evacuation deal, despite the fact that at the end of the day the refuseniks signed an evacuation agreement.
Supreme Court calls on the legislator to oblige a refusenik tenant to sign an evacuation and construction agreement "Woe to the refusenik and woe to his neighbor, the refusenik - shut his ears when he hears, closes his eyes from sight, and sticks to his refusal, and this is what undermines her, and what is good for her 17 neighbors is not good enough for her." In a ruling handed down today, the Supreme Court calls on the legislator to adopt legislation that will obligate the refusal tenant to sign an evacuation agreement.
A contractor for the evacuation-construction project was forced to pay NIS 1 million to his neighbors The Herzliya Magistrate's Court accepted the claim of 27 apartment tenants who contacted an entrepreneur in an eviction deal against one tenant tenant. Judge Yaakov Shaked ordered the refusenik tenant to pay the plaintiffs a sum of NIS 1,000,000 for his refusal, and an additional NIS 120,000 for legal expenses.
The Tel Aviv Municipality announces the granting of an exemption from the improvement levy in construction evacuation projects As is well known, the betterment levy is a mandatory payment required from a landowner by the local committee that approved a certain plan and thereby increased the value of its land. Betterment levies are collected by the local authorities, for example, due to additional building rights in construction evacuation projects. The levy is half the value increase.
A new tax decision - the sale of rights in the building evacuation area between entrepreneurs A new tax decision published in 3637/15 deals with the sale of part of a building evacuation area between two entrepreneurs. In the Evacuation Construction project, a developer acquires a right to build on built and inhabited land. The developer promises to evict the residents living in the compound, to demolish the existing buildings, and to build new buildings in their place, when the evacuated tenants will receive new apartments in the new buildings to be built in the compound.
Bill: Exclusion of signature contractors (machers) from evacuation and construction transactions A bill proposed by the Urban Renewal Division of the Ministry of Construction and Housing, in full cooperation with the Ministry of Justice, proposes a new plan for regulating the phenomenon of machers in projects of evacuation and construction. At the same time the bill proposal will include sanctions against tenants and defaulters in projects of evacuation and construction.
"Evacuation-Construction Project to Be Approved in Just One Year" At the conference of real estate appraisers held in the city of Eilat, the head of housing in the Ministry of Finance, Avigdor Yitzhaki promised that the Committee for the promotion of preferential housing complexes will approve urban renewal programs within 12 months - instead of 10-15 years.