ISRAEL Law and Practice Contributed by: Hagit Bavly and Adi Daniel Zamir, Arnon, Tadmor-Levy
• a lien that was pre-formed via the process of invalid creditor preference; • a lien over a property for which no adequate, or inadequate, consideration was given, and which was given while the borrower was insolvent or a short time before insolvency; and • a lien intended to smuggle the borrower’s assets. 3.10 Taxes on Loans Registration of a mortgage is subject to the pay - ment of a very small fee to the Land Registry, as is the registration of a pledge with the Registrar of Companies (if the borrower is a company) and the Registry of Pledges (if the borrower is an individual). 4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning The Planning and Construction Law 1965 (and the regulations promulgated thereunder) defines the relevant planning bodies – ie, regional com - mittees, local committees and national bodies (such as the National Planning and Construc - tion Council, the Committee for Protection of the Coastline Environment, etc). It also defines the hierarchy among them, and the plans that each is authorised to approve. Each of the plan - ning and construction committees is subject to another one higher up in the hierarchy, though they also have independent discretion with respect to certain matters. Building plans must always comply with those of higher hierarchy, including regional and national outline plans. Certain subjects are regulated on
a national level, such as coastline preservation, gas stations and railways. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Local committees may stipulate instructions for their jurisdiction, relating to (for example) the aesthetic design of the building, its entrance ele - vations, and its integration into the environment. Some cities in Israel, such as Tel Aviv, adopt spe - cific plans for the preservation and restoration of heritage buildings that define which buildings must be preserved and/or restored, and catego - rise them according to the level of restoration required. The most protected level requires res - toration of all elements and prohibits any addi - tional new construction. 4.3 Regulatory Authorities There are three levels of planning authorities: • the National Council, which is in charge of planning and stipulating state-wide instruc - tions and policy; • the regional committees, which are in charge of promoting and implementing the instruc - tions of the National Council in their respec - tive regions; and • the local committees, which promote and approve plans on the local level, designate uses, define the land-to-building ratio, stipu - late building restrictions, etc. As mentioned, there are also state-wide terms and conditions, such as building and uses on the coastline or near gas stations. One planning subject that has been on the plan - ning agenda in the last decade is the building of intracity and intercity public transportation facilities. This also affects construction in the city
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