Roy specializes in the provision of legal counsel in the field of real estate, planning and construction, including advising to the national natural gas infrastructure company, which is developing and gaining momentum in the economy.
Roy provides ongoing legal guidance to Israel Natural Gas Lines Ltd., a government company holding the license for the construction and operation of the natural gas pipeline, in relation to all of the following legal issues: payments of compensation in respect of damages to rightsholders and holders of the land on and adjacent to the route of the pipeline; proceedings for entering real estate, expropriation of plots for stations and access roads; general legal advice pertaining to the planning, licensing and land entry proceedings, including associated legal proceedings; representation of the company in court and in appeals committees, in real estate devaluation lawsuits, landowner lawsuits and the handling of squatters.
Roy also provides legal counsel to enterprises and companies that are converting to use of natural gas, including the drafting of marketing, transmission and distribution agreements.
Roy also specializes in the field of municipal taxation, betterment levies and municipal tax, as well as in claims for compensation in respect of real-estate devaluation (section 197 of the Planning and Building Law).
Roy is a member of the Israel Bar Association’s Energy and Infrastructure Committee.
Leicester University (LL.B), 1996
Tel Aviv University (EMBA Kellog Recanati International Program), 2002
Member of Israel Bar Association since 1997
News and updates - Roy Miller :
Israel’s First Open Call for Bids for Offshore Oil and Natural Gas Explorations
November 2016 marked the first time that the Ministry of Infrastructures and Energy invited an open international call for bids for 24 licenses to 24 blocks (each not exceeding 400 km2) in Israel’s economic waters at a distance of at least 7 kilometers from the shore.
Updates about legislative amendments relating to construction licenses and permits
Amendment 101 to the Building and Planning Law was promulgated in April 2015. The amendment concerns a transfer and expansion of authorities to the local committees and sweeping amendments designed to shorten, streamline and simplify construction licensing.
Following is a brief review of the amendments, which shall come into effect on January 1, 2016.
Three construction licensing tracks were defined:
Structures exempt from a permit requirement – light-weight structures, such as storage sheds, pergolas, awnings, fences, winter-time enclosures and more (this amendment came into effect at the beginning of August).
Fast-track permits – structures (to be defined by the Minister) that are unlikely to pose a substantive hazard or disturbance, or to have a material impact on the appearance of the building, on the environment or on their character or characteristics. This track relates to building additions, such as apartment protected spaces, porches, small rooms of up to 25 square meters, elevators, enclosures of open pillared storeys, and more.
Standard-track permits – the amendments relating to fast-track permits will come into effect on January 1, 2016, which shorten the waiting time until the authority must issue its response to 45 workdays. In cases whereby a response is not issued, then the permit application shall be deemed an approved permit. According to the amendments relating to standard-track permits, if a permit is not issued after 90 workdays, the applicant may file an appeal to a district appeals committee authorized to issue the permit.
The law specifies the work stages, procedures and timeframes for the issuance of construction permits, completion certificates / Form 4 / use and occupancy permits.
External planning and building control and inspection institutes are to be established
The main objectives of setting up external institutes are to centralize all approval authorities (municipality and local committees) and professional controllers and inspectors in a one-stop format. The amendment prescribes provisions regarding the establishment and accreditation of authorized control and inspection institutes, and defines roles: design controllers, who are responsible for verifying that the permit complies with the building code provisions addressing the building’s stability and safety and suitability for use; and construction inspectors, who are responsible for verifying that construction is being executed in compliance with the building code.
Online permits – the legislation includes instructions for filing online applications for building permits.
Affordable housing – besides the issue of licensing, another section of Amendment 101, which addresses the issue of affordable housing, Addendum Six to the Planning and Building Law comes into effect on January 1, 2016. Inter alia, the amendment authorizes local committees to approve plans for adding construction lots and for adding public uses, including rental housing, which will apply to buildings and lots defined in plans as being intended for affordable housing.
Update about planning and building amendments anticipated in the
proposed State Budget for 2015-16, which was approved by the government on August 6, 2015
As part of the efforts to resolve the housing crisis, a number of additional legislative amendments have been proposed in resolutions of the Israel Land Council and in National Outline Plan 35 that relate to planning and infrastructure and real-estate registration. The purpose of the amendments is to increase the supply of apartments in the market by removing barriers and by accelerating the pace of land development and the planning and construction of apartments.
Briefly, these amendments include: increasing the number of local planning committees and expanding their authorities, streamlining of parcelization and partitioning procedures, accelerating the construction and marketing of State lands, government funding for the planning of privately-owned housing complexes, lowering of infrastructure barriers, encouraging development agreements between local authorities and entrepreneurs, building permit exemptions for particular types of national infrastructure works, uniform primary legislation on the subject of development permits in local authorities and converting buildings currently deemed under nonconforming use to apartments for residential use.
Barnea & Co. represented Israel Natural Gas Lines
The Real Estate department, headed by Ariel Nadler, represented Israel Natural Gas Lines in the petition filed against it by Kibbutz Regavim. The judge rejected the petition stating that she did not see a reason to interfere in the government’s decision. In her view, once the safety concerns had been cleared, the kibbutz should have withdrawn the petition, which it did not do, The kibbutz will have to bear petition costs of NIS 4,000,000.