(haipo) - 6 years have passed since the giant fire in Haifa, which took place in November 2016. Hundreds of apartments have been renovated since then and their owners have long since returned to live in their homes. But there is one building in Haifa that has not been renovated at all. The building remained exactly as it was, when the fire that burned in it was extinguished. The fire damage is clearly visible in it. Lahi Pa has learned that it is not at all clear when they will start renovating.
The tenants are at a loss
The building at 23 Freud Street was badly damaged in the fire and is currently in discussions with the appeals committee, which should determine whether to demolish part of it and renovate it, or demolish the entire building and rebuild it. Meanwhile the tenants are at a loss. They live on rent in other parts of the city and apart from the rent, they have to pay another 40% property tax on the burned apartments.
"For 6 years we have been waiting to see when we can return to our building," says one of the building's apartment owners today, "We are in a judicial process, as part of a property tax appeals committee. The dispute is that according to the property tax law, the property tax has an obligation to return the situation to the way it was before There is no dispute about that. I know that the construction permit expired, at the latest 3 years after construction, assuming he received form 4. Our construction permit is from 1963, that is, before the Planning and Construction Law was enacted.
It was explained to us that the person who needs to issue a building permit is the city engineer, but because of the scope of the incident, the Haifa city engineer has no possibility of controlling all the events that took place in the fire."
issue of granting a building permit
The tenant tells Live Here:
"The debate we got into is whether to issue a new building permit, which is in line with what is accepted in 2016 or to renew the building permit of 1963. The problem is that property tax does not issue building permits. I turned to a property tax engineer and asked him according to which section of the law they place the building He didn't know how to answer. I said I wouldn't sign if I didn't know the answer. In the end he said it was about the planning and construction regulations, regulation 60."
"Rule 60 says that if the building is damaged as a result of a fire or any other damage, the engineer may issue his opinion and state in it that it is possible to restore the building. Then the licensing authority renews the building permit. So far he has not issued such an opinion. There is an opposite opinion from 2021".
"In 1963, there was a building permit, but it does not include MMD or parking. The thickness of the walls is 15 cm. Today it is impossible to issue a building permit in the existing situation. The appeals committee hired a constructor and he issued an opinion that the house should be demolished. In the end, his final decision was that one of the apartments should be demolished as well as the stairwell."
"The compensation fund hired an architect to plan the renovation of the house and she turned to the Home Front Command, in order to get an exemption from shielding without the permission of the tenants. She found a warehouse owner in the building, who agreed on her behalf to be referred to the planning information department in the Haifa Municipality. To date, we have not been summoned despite the Home Front Command's directive."
"The Home Front Command said that if new apartments are built, they must include air conditioners. The same architect applied to get permission to remove protection, arguing that the situation is being returned to its original state. The architect received an answer of approval under conditions, which cannot be met. Until now, property tax has not been able to fulfill these conditions."
"On 04/07/22, the architect issued a script of an application for a building permit. At another hearing in November 2021, there was an agreement to issue a permit based on returning the situation to its original state. For me, this was conditional on the fact that, as in all other cases, the question is not what I agree or disagree to issue, but rather what is the law allows the compensation fund to issue. The compensation fund cannot issue a building permit that will return it to its previous state because of regulation 60 d. This regulation does not allow the building to return to its previous state, because it is obligated to obtain a new building permit. As part of the appeals committee, the compensation fund was asked what the construction cost of the rehabilitation through demolition and rebuilding versus a construction cost that results only from the demolition of the north wing (3 apartments) and the stairwell. My argument, which was also accompanied by the calculation, and that of the constructor was that the cost of demolishing 3 units and the stairwell would be equal to the cost of a general demolition of the building, and therefore there is Must destroy everything. The cost will be the same, because you have to do a gentle demolition and it takes a lot of time and it costs a lot. In fact, to this day, there is still no decision on which building permit to issue and what exactly to demolish."
We are waiting for the appeal committee's decision
"Today there is no construction because there is no building permit. There is a problem with making a building permit as it was because it changes the interior height of the apartment. The appeals committee needs to give us an answer regarding the building permit. The appeals committee determined that we should receive a refund of 50% of the rent and the compensation fund opposes To that. We are waiting to see what will be decided about this as well."
Despair
One of the neighbors tells Lahi Pa that currently the tenants are waiting for the appeal committee's decision, and after 6 years they are really on the verge of despair. "After the incident, property tax wanted to rehabilitate the entire building, while maintaining its principle of "returning the situation to its original state". The bills of quantities of property tax engineers, the estimate and the compensation they were willing to offer was unrealistic and did not reflect the extent of the enormous structural damage caused to the building."
"We had a contract with an entrepreneur in January 2018 for the purpose of carrying out the TMA 38/2 plan and an agreement was signed that did not protect the tenants' right to withdraw if a bank guarantee was not given to the tenants, something that lasted for two years, and only at the end of the entrepreneurial period did it come to the conclusion that the project was not profitable and that it was not implemented ".
"Admittedly, until January 2020 we were paid monthly rent refunds by the property tax based on the agreement that after this period the developer will take over the payment of the rent. Since the project did not start, the property tax refused to continue to refund us rents."
"We never imagined that during these years, neither a proper rehabilitation plan nor TMA 38/2 would come to fruition and in the end we would be responsible for the situation and pay the price. We appealed to the appeal committee, which decided to appoint an expert constructor on its behalf to assess the building's structural condition. The constructor determined that the building was structurally damaged, and his recommendation was to destroy the entire south wing as well as the stairwell, and regarding the north wing he assumed that it might be possible to restore, but the cost of restoration would be the same as the cost of demolition and construction. Property tax refuses to accept the recommendations and conclusions of the expert on behalf of the appeals committee.
From the opinion of the constructor
Excerpt from the report of the laboratory that examined the building - the burnt house at 23 Freud Street
Six years... what's burning?
The tenant adds and tells:
"We appealed to the appeals committee on the claim that the process of restoring the apartments and/or building a new condominium continues lazily and in an unreasonable manner, property tax does not reach solutions due to procrastination, non-participation of the tenants and their refusal to finance the required financial gap and rent refunds."
"In view of the appeals committee's understanding that the property tax is procrastinating and being lazily conducted, the committee decided today that the property tax will pay us the rent refunds for 2022, taking into account the long time that has passed and our emotional and financial situation."
"The tenants claim that in addition to the trauma and the emotional situation we have been experiencing for 6 years, after we lost the apartments and property, the prolongation of the property tax procedure makes it difficult and burdensome for us financially and our situation is getting worse. We appealed to the appeals committee to make a decision to act to advance the project and help speed up the procedures."
"There are tenants who have passed the age of 80, some are single-parent families and some are pensioners, and we are still waiting for decisions regarding the construction of the building and a schedule for approvals and construction. It should be noted that in addition to the above, the Haifa municipality collects property tax from us on the rented apartment as well as on the burned house on the grounds that the exemption period It passed. The committee today appealed to the municipality to extend the exemption period."
Not only have the apartments been burning for 6 years, we also pay 40% of the property tax on them
A third resident tells Lehi here:
"The state took responsibility for renovating the buildings, it was decided that it was a terrorist incident and the state is supposed to renovate," explains a third neighbor, "during the talks with the state, they realized that we were interested in TMA. They said go to TMA, that would be good. We had an entrepreneur and they told her to get the permits. In the end, she claimed that the deal was not profitable and it was canceled. In the agreement, when TMA falls, the state is supposed to take over the renovation. In the agreement at the beginning there was a claim that for 9 months they would renovate the building, and then we would return. The state is debating whether to destroy a part or not, they leave us hanging in the air. The rents are not paid and on Freud Street we pay 40% of the property tax. The state claims it is legal.
The building permit depends on property tax, and they will have to do it. The appeal committee hired a constructor and he determined that the building should be demolished. The appeal committee claims, on the other hand, that it is possible to renovate. We are entering the seventh year and nothing is progressing. We trusted the state. We were insured, but the state took it upon itself. Over the years we hired lawyers, but it did not advance us, so we gave up the representation. In the end, we informed the appeal committee that we could not continue to pay for the lawyers. We are waiting to see how things will progress."
The municipality: This is a private building whose owners were dealing with property tax
The municipality said in response that it is a private building whose owners have been dealing with property tax for a long time.
"As far as we know, the procedure has ended and the owners of the property are working to issue a building permit to restore the building."
Maybe some tenant should end his life out of grief like in the apartment on Hillel Street this week,
Then we heard from the municipality that it tried so hard to help and that the welfare division was not involved because it was the city engineer...
70-80 year old people wait 6 years for an apartment that burned down???? He lo woo woo woo woo
Of the whole article and from what I understand, the most puzzling is almost half of the property tax on empty apartments that cannot be lived in.
And arson, not fires
Haifa Municipality at its "best".
Now you will understand why legal reform is urgently needed and the end of bureaucracy in every issue.
It was necessary within a few months to approve the complete demolition of the building and the construction of a new public floor with the approval of the tenants so that the municipality would finance an additional MMD in exchange for receiving a percentage of the lot and a ground floor for public uses as an alternative payment.
I thought there was nothing worse than the municipality of Haifa and it turns out that the property tax and compensation fund gives the municipality a serious battle. After all, there is an appeal committee. Why don't they decide?
I don't know which is worse - Haifa municipality or property tax.
The municipality of Haifa is bowing down to property tax, the city engineer is ready to issue a new construction permit for the building in question with no parking at all, no dimensions at all, without the signature of all the tenants, without repair ceilings, and without the signature of a constructor who is willing to sign that in a partial demolition, including the walls of the stairwell, no damage will occur to the wing To remain without walls... I heard that there is one in Timbuktu.
There is a dangerous precedent here for anyone who wants to demolish their building and rebuild, how could the city engineer in the future refuse such a request that there is no way to issue it according to the current law.
Property tax should simply compensate the tenants, in full, for the damage caused to them. 6 mash will be enough. The tenants will take the money and pay the contractor and carry out the Tamar/38 project themselves.
Every rule has an exception. Even if an obligation to pay 40% property tax on the municipality of Haifa would have resorted to the sentence: "before the law".
Very sad that this is how things are going! My heart goes out to the residents of the building. But this is the face of the nation, the face of the constitution, law and so on. It's insane that 6 years have passed and a substantive, serious and decisive decision has not yet been made regarding the building. Moreover, still collect 40% property tax on a building you don't live in? Say are you normal?
Incorrect and ineffective treatment. It is absolutely clear that the building needs to be demolished.
According to the data and the description of the condition of the building in the article, the iron no longer "works" with the concrete around it due to the fire, and therefore the building has become dangerous.
No level of renovation of the building will meet the relevant construction standards. A dream and a bad mood!!
Therefore, the building meets the criteria for demolition and reconstruction by virtue of TAMA Law 38.
An engineering opinion in which it is stated that "the demolition of the building can be considered" is puzzling and ridiculous. Who else, if not the constructor, should express himself strongly?! Who should consider?!
A constructor of an adequate level must be taken together with an attorney knowledgeable in the field of TMA and apply TMA 38 to the building.
There is no entrepreneur who will not fall for the "bargain".
It is written that the city engineer is ready to issue a permit according to section 60, i.e
Ignoring all the instructions and laws required today.
I suspect that the city engineer is not an engineer at all.
I suspect that his consultant for dangerous buildings is not a constructor at all. No sane constructor engineer would approve such a thing. The evidence that the engineer-constructor of the appeal committee determined that at least half of the building had to be demolished.
Unbelievable...to take from people who lost all their possessions 40 percent of the highest coffin in the country after their house was completely burned down?! It's really wicked. This whole story sounds very bad.
We need a response from the Appeals and Property Tax Committee. Good night
Shame and shame on the Haifa municipality that collects property tax for an apartment that is not fit for habitation. Browsiness, lack of understanding and sensitivity. 40% of the total property tax is the amount without which the municipality of Haifa cannot exist? ?
Shame on you cliché.
Why the reference to the building? From the municipality? the building
Seen at his ugliest. Are not binding
Tenants to renovate their residence?
I am puzzled.
From the whole long article I understood that the debate is about the percentage of construction. According to the entrepreneur the existing approvals the project is not profitable for her. In my humble opinion, adding 2 or 3 floors will solve the problem. Assumes that in her cities they fear a precedent and therefore the tenants suffer.
Where are the responses of the appeals and property tax committee?