Planning, Restrictions
Building
Land
Permits
Confiscation
on Use
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Demolitions
Introduction
115
(c) An administrative Demolition Order will also apply to any additional
construction done without permit after the order was issued, and it will be
unnecessary to issue another order for the aforementioned addition.
(f) An Administrative Demolition Order can be carried out: (1) If the structure
was build without a permit – from 24 hours of being affixed [to the building].
(2) In any other circumstance – from 72 hours of being affixed.
(g) Anyone considering himself wronged by the Administrative Demolition
Order is entitled to petition the court for its dismissal, though such a petition
will not delay the validity of the order. An appeal against the decision of the
court on such petitions has the same status as an order issued according to
article 250 of the Planning and Building Law – 1965.
(h) The court will not cancel or delay an Administrative Order unless it is
proved that the construction for which the order was issued had been done
legally or that carrying out the order is not necessary for preventing the
former from becoming an established fact.
Administrative demolitions are issued and enforced by the Jerusalem Mayor (in his
capacity as Chairman of the Jerusalem Local Planning Committee) or a senior civil
servant (the head of the Jerusalem District of the Interior Ministry in his capacity as
Chairman of the Regional Planning Committee).413
The procedure for recourse involves appealing the Israeli Magistrate’s Court to
cancel the order. Appellants generally rely on two arguments in which the burden
of proof is on them: 1. The building has a permit (i.e. the demolition was issued in
error), or 2. The construction falls outside the mandate of the demolition order (e.g.
the structure is not in the process of construction).414 The judge has little room to
grant an appeal unless there is a technical fault in the issuance of an order. Finally,
the cost of demolition is typically billed to the homeowner.415
Even internal construction and renovation may require a building permit and, if
conducted without one, may expose residents to administrative demolition of the
full structure.
413 Construction without a permit also occurs in the settlements, yet the majority of settlement buildings
are issued licenses retroactively highlighting the discriminatory policies of the Israeli authorities.
See: Al Maqdese for Society Development, The Socio-economic and Demographic Effects of House
Demolitions in Jerusalem, 9.
414 Ir amim, ‘A Layman’s Guide to Home Demolitions in East Jerusalem’, March 2009; available from
http://eng.ir-amim.org.il/?CategoryID=370; accessed 23 April 2013.
415 Anthony Coon, ‘Israel and the Occupied Territories, Demolition and Dispossession: The Destruction
of Palestinian Homes’ (December 1999); available from http://www.amnesty.org/en/library/asset/
MDE15/059/1999/en/2acf9a23-e065-11dd-9086-4d51a30f9335/mde150591999en.html; accessed
23 April 2013.
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