Appeals Against Decisions in Planning and Construction

How Planning and Construction Decisions Directly Affect Your Rights

When an unreasonable decision is made—one that violates the law or infringes upon public rights—you have the option to file an administrative appeal with the Administrative Court.

Common Situations for Filing an Appeal

Administrative appeals in this area are typically submitted in response to decisions made by local, regional, or national planning and construction committees. Examples include:

Denial of a Construction Permit: When a permit request is rejected without sufficient justification or in violation of urban planning regulations.
Approval of Harmful Plans: When urban planning decisions (such as zoning plans) approve construction projects that adversely affect the rights of existing residents.
Failure to Enforce Illegal Construction: Cases in which a local authority does not act to stop unlawful building that harms the public.
Expropriation Without Adequate Compensation: When land is expropriated as part of public projects without fair compensation to the landowners.
Decisions by Planning Appeals Committees: When appeals submitted to planning committees are dismissed.

How to File an Administrative Appeal Against Planning and Construction Decisions

The appeal process is based on a clear legislative framework—primarily the Planning and Construction Law of 1965, which governs the operation and authority of planning bodies. According to Section 200 of the law, you may challenge planning decisions either by appealing to the designated appeals committees or by filing an administrative appeal with the Administrative Court. Additionally, the Courts of Administrative Affairs Law of 2000 grants the Administrative Court jurisdiction over these appeals.

Step 1: Submit an Objection or Appeal to the Relevant Committee

Before taking your case to court, you must exhaust the internal options within the planning system. This means:

Filing an objection with the local committee if a permit is denied.
Submitting an appeal to the regional appeals committee if your objection is rejected.

Step 2: File an Administrative Appeal with the Administrative Court

If the decision remains unchanged after the appeal, you can proceed by filing an administrative appeal. This appeal should include:

A detailed appeal document outlining your legal arguments and citing relevant precedents.
All correspondence exchanged with the local and regional planning committees.
Expert opinions (for example, from planning and construction specialists or appraisers).

Filing Deadlines

It is crucial to file an administrative appeal within 45 days from the date you receive the decision. Any delay beyond this period may result in your appeal being dismissed.

How Maital Ben-Baruch Law Offices Can Assist

In-Depth Analysis: We thoroughly review the decision and assess the likelihood of success for your appeal.
Representation: We represent you before planning committees and in court.
Document Preparation: We help gather and prepare all necessary documents and expert reports.
Comprehensive Support: We guide you through every step of the process until a final resolution is reached.

If you have encountered a planning and construction decision that infringes upon your rights, contact us today for comprehensive legal advice and professional support in filing an administrative appeal.