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"The building intended for demolition and rebuilding does not need strengthening at all" • Petition of apartment owners in Haifa

(haipo) - Apartment owners on Hana Street in the Carmelia neighborhood in Haifa decided not to give up, after the appeals committee decided not to intervene in the engineering aspect of a request for a permit in the TMA 38 project. The committee ruled that the decision whether to strengthen buildings does not concern it, but it is the responsibility of the municipal constructor. As a result, the apartment owners filed an administrative petition on the subject of TMA 38, in which they demand from the Haifa District Planning and Construction Appeals Committee and the local committee, to compel the The municipal constructor to justify his decision, this is because he demanded to strengthen even houses that do not need strengthening, according to them, within the framework of the strengthening supplement of TMA 38. The petition is based on the opinion of engineer Yossi Davidson.

In a petition that was recently submitted to the District Court in Haifa, through lawyers Shahar Levinzon, Yoni Shalio Riva and Antisar Zebidat from the office of Yosef Yeshuron & Co., the opposing neighbors challenged the decision of the Haifa Planning and Construction Appeals Committee. The decision, given on 14/10/2024, deals with the appeal filed regarding the request for a permit pursuant to the provisions of TMA 38, for the demolition and reconstruction of an existing building on Hana Street in the Carmelia neighborhood.

Attorney Shahar Levinzon (Photo: Rami Harmoni)
Attorney Shahar Levinzon (Photo: Rami Harmoni)

"The building does not need strengthening at all"

The claims of the opposing neighbors are based on the opinion of an engineer on their behalf, according to which the local committee's engineer's opinion is based on an incorrect engineering infrastructure, which does not meet the requirements of TAMA regulations 38. According to this claim, the building intended for demolition and reconstruction does not need strengthening at all.

The appeals committee rejected the engineering claims raised by the opposing neighbors, and clarified that decisions concerning the engineering aspect are made by the municipal constructor. The committee stated that these decisions are not reviewed by it.

Attorney Yoni Shalio (Photo: Rami Harmoni)
Attorney Yoni Shalio (Photo: Rami Harmoni)

You can't resist

On behalf of the petitioners, they claimed that the appeal committee's decision creates a situation where it is not possible to review the constructor's decisions. That is, as soon as the constructor determines that there is a need to strengthen the structure, he becomes the supreme authority, and there is no way to raise arguments against his decision. According to the lawyers, the practical significance of this decision is the blocking of the possibility for many opponents in the city of Haifa to express criticism of the engineering aspect of the permit application, something that harms the rights of the apartment owners.

The petition states: "A situation in which a person is prevented from voicing his objection before the appeals committee, infringes on that person's right to bring his objection before the planning authorities. Such a situation creates an inherent difficulty, since in this situation permit applications are approved despite the engineering defects they contain, without this matter being brought up Before a judicial authority - a situation that cannot be accepted. The essence of TMA 38 is based on the engineering aspect and not on the planning aspect, that is, on inspection Durability or non-durability of the existing structure according to the current earthquake standard TI 413".

As part of the petition, the district court was asked to order the annulment of the appeal committee's decision, claiming that it goes beyond the scope of reasonableness and suffers from a lack of exercise of discretion. The district court in Haifa approved the filing of the petition and scheduled a hearing on the matter for March 16, 2025.

'We are prevented from commenting at this stage'

Haifa Municipality It was stated in response that since the matter is under legal proceedings, they are prevented from referring to his body at this stage.

contact: At watsapBy email

Michal Grover
Michal Grover
Michal Grover Education reporter • Real estate • Company Contact: 054-4423911 Mail to the container: [email protected]

Articles related to this topic

11 תגובות

  1. In Europe, entire cities were built in the 17th-19th century and the buildings there are still standing
    Why crowd if you can build on the Carmel, Usafia and Dalit El Carmel have been building there for decades

  2. Dozens of buildings that don't need reinforcement are left untouched. 38 The mechanism is corrupt and rotten.
    There is really no inspection of the condition of the building, nor the age of the building and they will always find some excuse
    This is a lost war. The Carmel is completely destroyed by contractor monsters and crazy overcrowding
    In neighborhoods designed for half or a third of the population they are trying to push into the content.
    Wait for Bat Galim where in the 30 story towers they will try to push 4 times the existing population
    and 2-3 times more vehicles. It would be total destruction there. move away

  3. Engineer Yossi's opinion is important to all those who have suffered and will continue to suffer for years from the urban destruction occurring in the mountain range,
    From destroying buildings that could stand comfortably, and all just because there are greedy people who want to profit at the expense of the street and the neighborhoods instead of renovating themselves, the survivor of 38 in the mountain range has long since crossed the line of suffering and insolence

    • It's a shame that the buildings in Beit Shean and other disaster-prone places around the Israeli periphery are of less interest to the entrepreneurs and contractors in the country... well, I'm not really naive... what's more, here on the ridge there is a gallop of projects almost without thinking about infrastructure and especially neighborhoods that are more and more trapped by the load of additional cars. Personally, I am equally saddened that they destroyed beautiful residential buildings that contributed to the unique character of the area..

  4. You need to check which contractor / entrepreneur who is close to the municipality is getting millions for the construction he wants to do there. And shame and dishonor to the private architect/engineer firm that participated in the planning of this disaster, where is the professional integrity huh??!!!

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