Israel Defense Forces Order Number 1653, Order on Suspension of Building Procedures (Temporary Order)

By virtue of my authority as commander of IDF forces in the area, I hereby order the following:

1. Definitions

“Permit”—a license in its sense in the fourth chapter of City, Village, and Building Planning Law no. 79 of 1966 or a permit by section 2 of the order;

“The order“—an order on granting permits for work in areas occupied for military purposes (Judea and Samaria) (no. 997), 5742-1982;

“Starting date”—the date this order becomes effective;

“Planning institution”—any authority that has the power to grant a permit;

“Council”—regional council as defined in the order on administration of regional councils (Judea and Samaria) (no. 783), 5739-1979, or a local council as defined in the order on the administration of local councils (Judea and Samaria) (no. 892), 5741-1981;

“The council’s planning space”—as defined in the order on declaring planning spaces (local councils and regional councils) (Judea and Samaria), 5768-2008, as well as seized area as defined in section 1 of the order, within the boundaries of the council;

“Head of the Civil Administration”—as defined in the order on establishing the Civil Administration (Judea and Samaria) (no. 947), 5742-1981, or anyone appointed on his behalf for the purpose of this order;

“Affidavit”—a written affidavit given before a lawyer or any other written affidavit by the law of the place where it was given.

2. Suspension of building procedures

a. No planning institution may decide to neither grant a building permit in a council’s planning space nor grant any such permit.

b. A permit in a council’s planning space granted before the starting date and any decision to grant such a permit made before the starting date are hereby suspended, and no construction work, including groundwork and infrastructure work, may be carried out by any such permit.

c. Despite the aforementioned in subsection b, the said suspension will not apply to a permit lawfully granted that was valid on the starting date, if before the starting date the pouring of the building’s foundations had ended, nor shall it apply to the building of such a building’s infrastructures.

3. Submitting applications for certain construction work

a. Despite the aforementioned in section 2b, anyone who received a lawful permit that was valid before the starting date may submit an application to the Head of the Civil Administration to cancel suspension of the permit if any of the following conditions applies:

        1. The permit was granted for building an addition or repair in a residential building whose construction was completed before the starting date by a permit lawfully granted before the starting date;

        2. When it is necessary to maintain public safety or human life;

        3. In exceptional cases for special reasons that are noted.

b. The following documents should be attached to any application submitted according to section a:

        1. An affidavit on the application of the conditions enumerated in section a1, a2, or a3, signed by the permit owner or the engineer of the relevant planning institution.2. A copy of the permit and a copy of the decision by the planning institution on granting the permit.

c. The Head of the Civil Administration will be allowed to demand from the permit owner and the engineer of the relevant planning institution further evidence in support of the affidavit of the permit owner and/or the affidavit of the engineer of the relevant planning institution.

d. The Head of the Civil Administration shall not consider any application under section a unless all permitted construction activity has ceased as stated in section a, until the Head of the Civil Administration makes his final decision on the matter, and construction shall not resume except by such a decision.e. The decision of the Head of the Civil Administration in an application as stated in section a shall be given as far as possible within 14 days after receiving the application, with the attachment of all of the documents detailed in sections b and c, or from the day construction stopped as stated in section d, whichever is later.

4. Building for public purposes

Despite the aforementioned in section 2, the Head of the Civil Administration may permit, in writing, a planning institution to decide to grant a permit for construction in a council’s planning space and to grant such a permit, as well as being allowed to order, in writing, cancellation of the suspension according to section 2b, all regarding the construction of public buildings, public infrastructures, or construction for commercial or industrial purposes.

5. Actions committee

a. The Commander of IDF Forces in the area will appoint an actions committee (hereinafter: the committee) of three members, headed by a person qualified to serve as a judge in a magistrate court in Israel.

b. The role of the committee is:

        1. To hear appeals on decisions by the Head of the Civil Administration as stated in section 3e.2. To hear claims of direct damage of anyone damaged as a result of the suspension by this order.

c. The committee will hear claims from:

        1. Anyone who considers themselves damaged by the decision by the Head of the Civil Administration as stated in section 3e;

        2. Any permit holder who incurred expenses and direct monetary damages as a direct result of the suspension under the provisions of this order;

d. The actions committee shall set its working procedures and hold its hearings in the manner that it deems the most effective to clarify claims and decide on them.

6. Penalty

Without detracting from the provisions of any security law or legislation:

a. Anyone who carries out work or construction in violation of the provisions of this order will be subject to the provisions of section 37b of the City, Village, and Building Planning Law no. 79 of 1966;

b. Any member of a planning institution who voted in favor of a decision to grant a permit in violation of section 2a of this order, or participated in a way other than by voting, will be subject to the provisions of section 17a of the City, Village, and Building Planning Law (Judea and Samaria) (no. 418), 5731-1971.

7. Effect

This order takes effect on the day of its signing, and is effective until 22 Tishrei, 5771, September 30, 2010.

8. Name This order shall be called “Order on Suspension of Building Procedures (Temporary Order), no. 1653, 5770-2009.”

9. Kislev, 5770; November 26, 2009

[signed] Avi Mizrahi, Maj. Gen.Cmdr. of IDF Forces Judea and Samaria Area

Translated from Hebrew by Peace Now