Know the facts: House Demolitions in Jerusalem 2009

This paper sets out the legal framework for addressing illegal construction in Jerusalem and the background to a specific case.

Goal: to achieve an appropriate balance between ensuring full compliance with the law and enabling residents due process for appealLegal framework


· The Municipality of Jerusalem has the legal authority and responsibility to enforce the law in relation to illegal construction, using one of two available processes:

1. Prosecution brought against the builder in a court of law: Both sides present their claims. If the case is upheld, the Court issues a demolition order. No political entity has any standing in the matter

2. Administrative demolition order, issued by the mayor after consultation with the municipality's legal advisor. According to law, an administrative demolition order can be issued only in the case of a new structure within 30 days of its completion. A warning order must be physically attached to the structure, and the builder is given the opportunity to appeal to the court and ask for a delay or cancellation of the order.

· Demolition of houses is carried out according to the law and without discrimination – the same policies apply to all sectors of the population and all sections of the city.

· It is important to note that, due to illegal construction, in some places there is almost no public space left for the benefit of the residents (e.g., public schools and other public institutions).

· The municipality and the mayor of Jerusalem have confirmed that there has been no change in policy regarding house demolitions.



Specific case: Silwan neighborhood – Gan Emek Hamelech/Al Bustan

· In all the historic documents which refer to this area, it appears as an open public space, and from this the name Al Bustan (the Orchard Garden) derives.

· The plans for an open public space go back to British plans at the beginning of the 20th century, and the Kendall Plan of 1944.

· The most recent is Plan EC/9, approved in 1977. The houses existing at the time the plan was approved were not slated for demolition.

· Gan Emek Hamelech (Garden of the Kings' Valley) was declared by the director of the Antiquities Authority to be an archaeological site, and this declaration was publicized in the Government Publications Anthology, thus placing restrictions on construction at the location according to the Law of Antiquities. Aerial photos show that, at the time of the plan's approval, there were 7-13 houses in the area. No proceedings were taken nor will be taken against these houses.

· In the early 1990's, following a municipal drainage project, land became available that had previously been subject to frequent flooding, and illegal construction increased. It should be noted, however, that the area is not suitable for construction and flooding in this area remains a concern. By 2000, 67 structures had been built, contrary to planning and zoning regulations.

· In 2005, the City Engineer issued a directive to give priority to enforcing the law against the houses that had been constructed in the Gan HaMelech area, due to its location and importance. The Municipality also announced that, although it was legally entitled to do so, no proceedings would be taken against the 21 houses that were built before 1992.

· In Gan Habustan neighborhood, there are currently 108 structures, including 80 houses that were built illegally. The decision as to their demolition will be up to the Israeli legal system.

· The majority of the 80 illegal buildings are in different phases of administrative or legal proceedings.

· Finally, it should be noted that, according to existing information, only 11 houses have ever been demolished in the Gan HaBustan area, and some of these demolitions were carried out by the residents themselves.





This document is based on information provided by the Municipality of Jerusalem.