טכניון מכון טכנולוגי לישראל
הטכניון מכון טכנולוגי לישראל - בית הספר ללימודי מוסמכים  
M.Sc Thesis
M.Sc StudentGalia Birnbaum
SubjectMulti-Layer Development in Israel: Property and Planning
Aspects
DepartmentDepartment of Architecture and Town Planning
Supervisors Professor Emeritus Alterman Rachelle
Mr. Uri Shoshani
Full Thesis text - in Hebrew Full thesis text - Hebrew Version


Abstract

The demand for available land for development in Israel is becoming stronger and stronger. The scarcity of land requires creative thinking in the fields of architecture and urban planning. The shortage of land as a limited resource, calls for a new way of thinking about the definition of land and the definition of ownership.

According to the Israeli Land Law, land ownership is inclusive and un-severable:

“The ownership in a land parcel extends to all underlying depth, ?, and to the empty space above it?”(Art. 11).

The research examines cases that contain a significant conflict of interests between property-right owners where joint ownership is not a proper solution. The research examines the planning and property-rights aspects.

The property aspects have been examined in light of the legislation and Israeli case law. The legislation summary starts from the Jewish Law, through the Ottoman period, via the Mandatory period, and ends with the current Land Law. The land registry system has also been summarized from a historical perspective. The ruling in Israel emphasizes the need for updating the law as a result of the innovation of multi-layered development.

The planning aspects have been most examined by seven case-studies, in order to examine how the current practice deals with legislation deficiencies.

Comparison of the case-studies, and examination of early property agreements that had been done before the planning process or during it, raise interesting conclusions that demonstrate the significant connection between the planning world, property agreements and registration rights.

There are several precedents of multi-layered planning in Israel. Although the Land Law and registration conditions are not optimal, and restrict the opportunities of 3D planning, the practice does not stop from planning multi-layered complexes, in order to execute the benefits of this architectural and urban attitude.

Multi-Layered Planning is not a luxury or a passing fashion. The necessity of this type of planning and developing is well apparent. Its provision extends land-availability, allow efficient utilization of land, and provide open, unused, land for the next generations.

Multi-layered development of land requires recognition in the real need of it, and consolidating planning policy that outlines a multi-stage strategy. It is of utmost importance in order to lead the planning in Israel to efficient utilization of resources of land.

Given the above conclusions, promoting multi-layered planning is an urgent need, and should not become a negligible subject.