is the voting threshold in Section 71b of the Land Law (1969) governing expansions of individual apartments at the expense of common property in a shared building. Owners of at least 75% of the apartments, who together hold two-thirds of the common property, must consent before any such expansion proceeds. This requirement operates independently of municipal building permits — both approvals are mandatory and separate. In a two-unit building each neighbour effectively holds a veto. The Law Office of Adv. & CPA Shoshi Arbib advises on proprietary consent procedures and unreasonable-refusal petitions for renovation projects.
What Is the 75% Rule?
Section 71b of Israel's Land Law establishes that an apartment owner in a shared building (Beit Meshutaf) wishing to expand their apartment at the expense of shared property (common areas, structural elements, airspace) requires the proprietary consent of apartment owners representing at least 75% of the units who together hold at least two-thirds of the shared property.
What Counts as Shared Property?
Shared property includes: the roof, structural walls, stairwells, lobby, pipes, corridors, the building's external facade, and any plot area not designated as private in the registered condominium plan. Even unfinished attic space or a rooftop area may be shared property — and therefore subject to the 75% consent requirement for any private use.
The Two-Unit Building Problem
In a building with only two apartments, the 75% rule means that one apartment owner effectively has veto power over the other's expansion plans. No majority vote is possible when one owner holds 50%. In practice, this means any structural work by one party requires the written agreement of the other.
Can a building permit override the need for neighbour consent in a shared building?
No. A building permit is a planning approval from the municipality — it does not grant property rights. Israel's Land Law governs property rights separately from planning law. Even if the municipality issues a permit for your expansion, you still need the proprietary consent of your co-owners under Section 71b of the Land Law. A permit without neighbour consent exposes you to an injunction and demolition order obtained by the neighbours.
What Counts as Shared Property?
Shared property includes: the roof, structural walls, stairwells, lobby, pipes, corridors, the building's external facade, and any plot area not designated as private in the registered condominium plan. Even unfinished attic space or a rooftop area may be shared property — and therefore subject to the 75% consent requirement for any private use.
Official References: Israel Tax Authority — Real Estate Tax · Israel Land Authority · Israel Ministry of Justice · Israeli Courts Administration · National Insurance Institute of Israel
Steps in an Israeli Property Purchase
- Pre-purchase checks — Verify Land Registry title, building permits, encumbrances, and compliance with any development agreement.
- Negotiate and contract — Negotiate price and terms, and draft a sale agreement with protective clauses against delays and building deviations.
- Tax planning — Calculate purchase tax, identify applicable exemptions, and plan the transaction tax position before signing.
- Land Registry registration — Transfer title and register the property in the buyer's name, including mortgage registration where applicable.
Shoshi Arbib Law Office — Attorney | CPA | Mediator, Netanya, Israel.
