The Tel Aviv Local Planning and Building Committee recently published a series of new spatial guidelines, encompassing a series of issues – from how balconies should be built to the location of the pool or jacuzzi in the yard. Adv. Anat Biran warns that “the use made of the tool called ‘spatial guidelines’ sometimes exceeds the intention of the legislature” and reminds that during this period, it is possible to appeal the guidelines before they become binding.
By Nimrod Bosso, Nadlan Center
The Tel Aviv-Jaffa Local Planning and Building Committee recently updated the city’s spatial guidelines and set new restrictions on various topics related to the planning of buildings. Among other things, the guidelines regarding the design of balconies and terraces were updated, the guidelines regarding the arrangement of parking spaces for motorcycles and bicycles were amended, and a new policy was established regarding the construction of pools and jacuzzis in garden apartments, roof apartments and private homes in the city.
To the Spatial Guidelines file.
The new spatial guidelines were approved by a decision of the local committee on August 28, 2024. On October 31, 2024, a newspaper publication was made, allowing the public to object and submit an appeal to the District Appeals Committee within 30 days of the publication of the notice. At the end of the period, the guidelines will come into effect.
According to attorneys Anat Biran and Alon Kaufman, these guidelines significantly impact the design and planning of buildings across the city. “The use of spatial guidelines by planning committees often exceeds the legislator’s intent and may sometimes contradict rights granted by existing plans. Planners, architects, permit application preparers, and property owners in the city should familiarize themselves with these updates, assess their potential impact, and file appeals on time if they wish to contest the new guidelines.”
Restrictions on the construction of uncovered balconies
The updated guidelines prescribe, among other things, new provisions regarding the construction of balconies and terraces (balconies that protrude from the exterior walls of a building). It was determined that the terraces’ protrusion must be uniform for each of the building’s facades. The terraces must overlap and cover all facades. It was also determined that it would not be possible to protrude a terrace on a façade that does not have terraces.
Adv. Biran: “Since it is impossible to deviate from a spatial guideline, a rigid provision regarding the length of balconies, and the determination that all of them must be of origin and identity, prevents any planning flexibility. In addition, the requirement to fully cover the balconies prevents them from being used as sukkah balconies.” However, according to a source in the Tel Aviv municipality with whom we spoke, “there has been no significant change in the policy that already exists today.”
Exceptions are permitted only on the top floor (excluding the rooftop), provided the terrace’s length does not exceed two-thirds of the façade’s length. For high-rise buildings, terraces can vary in position every five floors, but they must align and be identical.
The decision explained that these changes were based on recommendations from the Planning Administration, which noted that uncovered terraces are not calculated as part of a building’s area and can theoretically be allowed without size limitations. The updated guidelines aim to “prevent undesirable planning scenarios.”
Attorney Anat Biran questions whether rules on balcony construction should be set via formal plans rather than spatial guidelines. “Since deviations from spatial guidelines are not allowed, rigid rules about balcony length and uniformity and the requirement for full coverage eliminate design flexibility. Additionally, the requirement for fully covered balconies prevents their use as sukkah balconies.”
However, a representative from Tel Aviv’s Engineering Administration clarified, “There has been no significant change in policies regarding sukkah balconies. Solutions exist for residents who desire such balconies,” including altering balcony placements every five floors, permitting protruding balconies on the penultimate floor, and, of course, offering penthouse apartments. The representative added, “A shared sukkah in the building courtyard is a classic Tel Aviv solution.”
Prohibition on parking motorcycles in the yard and restrictions on bicycle parking
Another amended directive relates to how parking spaces for motorcycles and bicycles are arranged in the courtyards of homes. It was determined that in permit applications, at least 50% of the bicycle parking spaces must be located in the common yard. In contrast, motorcycle parking spaces must be located in the basement and not in the yard, except in exceptional cases where it will be possible to place no more than three spaces for motorcycles in the yard.
The guidelines specify that bicycle racks must be of the “U” type (inverted U), with a minimum height of 70 cm, anchored in concrete. Spiral, floor-mounted, hanging, or double-decker racks are prohibited. This prioritizes allocating bicycle parking in shared courtyards over motorcycles.
Attorney Biran noted, “This is another rigid directive that limits design flexibility and requires examining its impact on plot planning and construction rights.”
Limiting the possibility of planning and building private pools
The guidelines also updated policies regarding swimming pools in residential buildings. Unlike spatial guidelines, these policies are classified as “policy” rather than “guidelines,” allowing for exceptions in unique cases subject to specific discretion. However, classifying these rules as “policy” raises questions about whether they can be appealed.
The updated policy expands the definition of a swimming pool to include any water feature larger than 6.25 square meters and deeper than 0.5 meters (including jacuzzis and ornamental pools). The policy recommends approving pools that comply with the following principles:
A pool in the yard adjacent to garden apartments in a condominium building – the pool will be at least 4 meters away from the front lot and at least 2.5 meters from the rest of the boundaries; the pool area outside the building lines will not exceed 24 square meters; the construction of the pool will not endanger trees of high value.
A pool on a roof terrace or an upper roof will be moved at least 1.2 meters away from the roof railing; in a new building, the roof railing will be built, and no glass or metal railing will be approved.
A pool in the yard of a private house – a pool with a front space will not be recommended (except if it is a corner lot). In a corner lot, a pool in the front space will be 2.5 meters away from the boundary of the front lot; the area of the pool outside the building lines will not exceed 24 square meters or 5% of the area available from above-ground construction in the lot, whichever is greater; and more.
It was also clarified that in the city’s 3rd, 4th, 5th, and 6th districts, there was a previous policy in which a pool application would not be recommended.
According to Adv. Biran, “These policies affect the ability to plan and construct private pools. The demand for swimming pools and jacuzzis has grown significantly recently, particularly in luxury apartments and garden units. While the updated policy allows pool construction in certain cases, it could prevent pools in others. It is worth noting that rules for pool construction may be better addressed through formal plans.”
