Jonathan Zindel / Flash 90
In a letter to Adv. Aviad Wissoli sent today (Tuesday) by Commissioner David Rosen regarding his complaints about the plaintiff in the Netanyahu trial, Liat Ben-Ari, Ben-Ari’s version regarding the construction offenses committed in the property registered in her name and in the name of her husband in Rosh HaAyin is presented.
According to Ben-Ari, construction on the house was completed at the beginning of January 2020, and by the time the media inquiries were received on the subject, at the end of February 2020, her partner was already in the middle of a process to settle construction offenses.
Ben-Ari added that contrary to the claim, and as is clear from the opinion on the subject, these are not serious construction irregularities, but changes that are in the low, if not very low, threshold of construction irregularities. Except for these, it claimed that the construction complied with the permit, and there was no deviation in the scope of construction.
Regarding the split of the house into two housing units that require a permit from the local committee, Adv. Ben-Ari claimed that even before the changes that enabled the split were made, her partner contacted the municipal and local committee, clarified the possibility of splitting, and the procedure required to obtain a permit.
The work itself, according to Ben-Ari, did not begin until it was clarified to her partner that an application for a permit for the split was expected to be approved shortly, and he was given instructions as to the procedure for obtaining the permit. Accordingly, a request was submitted by her spouse for a building permit for the said changes and a request for approval of the split as required.
“Policy – Approval of Split Permits”
Ben-Ari noted that the policy of the local committee in Rosh HaAyin supports the splitting of detached houses, and the committee routinely approves applications for splitting permits, as reflected in the many dozens of permits it has issued.
According to Ben-Ari, this is according to an official response issued by the municipality in light of the publications in the case of Ben-Ari and her husband, which stated that “the legal advisers of the municipality and the Planning and Construction Committee believe that there is no legal impediment to approve the application.”
Ben-Ari adds that the handling of the purchase, construction and rental of the house, and in every other aspect pertaining to it, is done entirely by her spouse. According to her, naturally, she herself signed a mortgage to finance the purchase of the house, and it is part of their joint property, but the practice of the property, all along was her partner’s, and “there is no need to expand on the fact that one thing is sharing property between spouses “And a completely different thing is the management of those assets, which in many cases is under the sole control of one of the spouses, and this is the case here.”
“Construction deviations at the low threshold, if not the very low”
Ben-Ari noted that it was indeed appropriate that the certain changes made to the house as well as the split into two housing units, be made only after obtaining the necessary permits, and for that she regrets. That would have happened, she said, if she had been personally involved in things from the beginning.
Ben-Ari adds that these are construction anomalies at the low, if not very low, threshold, which have been done in a large part of the houses in the complex, based on the knowledge that the local committee generally approves these changes, and the split itself is required by law.
According to her, her partner acted in accordance with the committee’s guidelines and policies, did whatever was necessary to obtain a permit for the split, and rented the house based on a well-established expectation, as well as in the planning reality in Rosh HaAyin, that a split permit would be obtained quickly.
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