Planning, Restrictions
Building
Land
Permits
Confiscation
on Use
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Demolitions
Introduction
101
The suspension of these proceedings has arisen out of the desire not to
prejudice the rights of the many absentees and the ownership rights of
nationals of Jordan who have land in the area but reside outside Judea
and Samaria.350
Documentation
The Israeli administration only recognizes documents issued by institutions and
engineers it certifies.351 Israeli authorities largely refuse to recognize other documents
held by Palestinians as proof of ownership necessary for registration. Military Order
25 and later amendments, specifically Military Order 796 of 1979, made it impossible
for Palestinians to enter into land and property transactions without prior authorization
from the appropriate military authorities. These measures limit Palestinians’ attempts
to sell their land or bequeath it to their children.352 Restrictions also apply to the size
of houses, subdividing land and adding floors based on the archaic British Mandate
laws.353 The complex system of acquiring authorization may also be applied to
renovations. The Israeli Civil Administration has justified demolitions of all or parts
of a structure based on ‘unauthorized renovations’.
Appealing ‘administrative’ demolitions
The Israeli Civil Administration often issues a “stop-work order”354 followed by
a “demolition order”. In the case of the latter, the owner of the targeted structure
will find instructions to challenging the order with a specific sub-committee of
the Israeli Civil Administration. Typically, an administrative demolition order
allows thirty days for recourse.355 If no objection is raised and the homeowner
does not demolish the structure herself, the Israeli Civil Administration claims
the right to demolish anytime after the thirty-day period. Demonstrating that
350 R. Shehadeh, From Occupation to Interim Accords: Israel And the Palestinian Territories (1997), 256.
351 Palestinian Authority documents are not recognized, but can add legitimacy to a case that is in
Areas A or B.
352 BADIL and COHRE, Ruling Palestine, 120.
353 See: Military Order (unnumbered), Order Concerning Law of Urban and Rural Planning (Regulations
Concerning Supervision Over Construction) (Restrictions on the Height of Buildings in Ramallah
South) 26 January 1970, was consolidated into Military Order 1651 of 2009: Order Regarding Security
Provisions [Consolidated Version] (Judea and Samaria) 5770-2009; Also see: Order Concerning
Supervision Over Construction (Provisional Regulations) 1985, 1985.
354 A stop-work order paves the way for the Inspection Subcommittee to discuss in its session either
the destruction of the structure or re-establishing the situation which would have existed before the
construction took place.
355 JLAC, Concealed Intentions: Israel’s Human Rights Violations Through the Manipulation of Zoning
and Planning Laws in ‘Area C’, 20.
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