Israel’s Planning and Building Law defines nonconforming use as using the land or structure for a purpose that wasn’t defined in the zoning rules and/or in the building permit.
The body authorized to approve nonconforming use is the local planning and building committee, in the local authority or council. The committee reviews each application and is responsible for granting or denying authorization, and in some cases—granting a limited authorization.
In order to make changes to an existing structure, one must submit architectural plans. Our firm accompanies the process, including representation with the necessary committees and with appeal committees, if required. We prepare the property according to the guidelines and submit the plans for you.
Nonconforming Use—from Residential to Commercial Asset
Using a property not for its original destination: making changes without the committee’s authorization for needs that were not set and defines in advance, is in violation of the Planning and Building Law. Someone who commits this act might find himself battling the local authorities in court, exposed to lawsuits by neighbors and even subject to immediate closure.
For example: in order to operate a variety store in a residential building, one requires a business license. A condition for receiving this license involves a preliminary inspection. In this specific case, the answer will be no, due to the Building and Planning Law. This property was intended for residential purposes only.
Another interesting example: does opening a hair salon in an apartment require a nonconforming use permit?
Some authorities say that it does, others say it doesn’t. This can rely on legalities. Each city’s zoning regulations determine what can be done and where. In Ashkelon, for example, the zoning regulations allow liberal professionals to work from home, and so a hair salon owner is allowed to run it from his/her residence and can even obtain a business license. But other cities, such as Tel Aviv and Rishon LeZion, rule out the possibility of acknowledging hairstylists as liberal professionals, and specify in their bylaws their definition of liberal professionals.
Kinds of Nonconforming Use:
Two main kinds of nonconforming use come into play:
- Nonconforming use with regards to zoning (urban city scheme). There are two cases for this:
- Local zoning in which the owner is interested in using the building for a purpose other than what is specified in the permit.
- Local zoning that had been altered, with the result being that a property that once operated legally is no longer legal. In such a case, the property owner must be allowed a pre-defined time period to handle the matter.
- Nonconforming use with regards to the permit: in this case, the nonconforming use refers to using the building in accordance with the zoning rules, but not with the permit which had been granted.
A permit for nonconforming use with regards to zoning will be granted for a limited time.
A permit for nonconforming use with regards to the permit can be granted with no time constraints.
Nonconforming Use Permit Application, from Industry to Commerce
Nonconforming Use, Kindergarten