Israeli Court Triples Fine for Illegal Construction

An Israeli district court judge has tripled a fine for illegal construction, increasing it to NIS 150,000 (approximately $40,000 USD) for a man who built a 1,050-square-meter commercial structure in the town of Zarzir. Judge Moran Margalit of the Nazareth District Court ruled that the fact the building remained unfinished and unoccupied was not grounds for leniency, especially since construction continued despite an administrative stop-work order issued in January 2018 when the project was in its early stages.

In his appeal, the defendant, Muhammad Rahal, claimed he did not build the structure, that his signature on the stop-work order was forged, and that there were significant investigative failures. The regional planning committee, which issued the order, argued for a harsher penalty, stating the initial sentence was too lenient, encouraged economic crime, and undermined deterrence.

Judge Margalit upheld the lower court's findings regarding Rahal's connection to the land, citing evidence such as his construction of a residential home and planting olive trees, which suggested he had the consent of other landowners. The judge also noted Rahal's evasive and unreliable testimony, and that an inspector recognized him from previous enforcement actions, deeming these circumstantial factors sufficient for conviction.

Margalit criticized the lower court for leniency, stating that Rahal's claims of no connection to the construction or lack of criminal intent were inconsistent with the legal requirements for planning and building offenses, and with the lower court's own findings about his testimony. The judge emphasized that construction continuing despite a stop-work order negates any argument for leniency based on the building's unfinished state.

The judge determined that the original sentencing range of NIS 50,000-150,000 was significantly too lenient for the scale of the construction and potential profit. He cited a 2006 Supreme Court ruling emphasizing that penalties for planning and building violations must reflect the severity of the acts, the harm to the rule of law, and serve as a deterrent. Margalit imposed the lower end of his revised range (NIS 150,000) as an appellate court, and reduced the deadline for Rahal to demolish the structure himself from six months to two, given the prolonged period it has stood.

Lawyer Lotem Kapri represented the committee, and lawyer Zvi Hershkovitz represented Rahal.