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22 Sivan 5761 - June 13, 2001 | Mordecai Plaut, director Published Weekly
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Opinion & Comment
Observations: Building Codes for the Rich

by V. Itamar

The State of Israel has laws to define where construction is legal and where it is illegal. A house cannot be built just anywhere. There are nature preserves, protected areas, coastal areas--in short, an ordered country that allocates its land use systematically. This systematization applies to everyone--unless you happen to have a lot of money. If you are wealthy and you want to build an opulent mansion in the middle of a nature reserve or on a public beach, the local authorities are likely to succumb to temptation. The law will be brushed aside, the master plans will have to wait for the next generation and the mansion will go up as the man of means sees fit.

A survey by Yediot Achronot reveals that Israeli and other Jewish magnates received building permits in areas that are normally off limits for construction. The main qualifications are money, the right connections and a prodigious military record. Sometimes, the survey reveals, a little chutzpah will do the trick, as in the case of a seaside luxury complex that reduced the shorefront to a minimum, or in the case of luxurious single-family homes built on open land throughout the country.

Thousands of acres of state-owned land were transferred to private hands without issuing a tender or a leasing contract of any kind, in order to build settlements on sites where, according to the master plans, construction is prohibited. In many cases in addition to construction, extensive areas designated as nature preserves and scenic areas were fenced in to provide space for gardens and pets or as open areas to benefit the local community.

There are currently 60 secluded communities in Israel, 17 of which were set up in the last three years. The Society for Man, Nature and Law has filed a High Court appeal against this type of illegal building, claiming that the State does not enforce the Construction and Planning Law in the case of these isolated communities. For now the High Court has put a stop to the construction, issuing instructions not to build new settlements until a ruling has been handed down.

What has already been built, however, need not be dismantled. A number of ostentatious seashore projects along the coast have damaged beaches in Herzliya, Hof Hacarmel, Ashdod and other cities. Environmental organizations have been waging campaigns against various plans slated for construction, claiming that the local authorities issued unauthorized permits, as in the case of Reches Hacarmel, where seven luxury villas were constructed, tucked away among trees in the heart of a nature preserve. They are built along the edge of a cliff overlooking the sea, and carry sky-high price tags. With enough available funds, one can acquire a Swiss-style panorama or American-style expansiveness right here in the heart of Israel. The law, it seems, is also a matter of dollars and cents--or shekels and agorot.


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