— in Israeli shared buildings, these are two entirely separate legal frameworks that must both be satisfied for any construction project. A building permit is planning approval granted by the local committee under the Planning and Building Law (1965), confirming compliance with zoning and architectural requirements. A property right over common areas is governed by the Land Law (1969) and the building's bylaws. Having a permit does not grant rights over common property; having neighbour consent does not substitute for a permit. Both are mandatory and independent. The Law Office of Adv. & CPA Shoshi Arbib manages both processes for apartment expansion projects in Israel.
One of the most common mistakes among apartment owners relates to the confusion between planning law (a building permit) and property law (rights in shared property). Many believe that a permit opens the way to construction. In practice, these are two separate worlds.
Who Owns the Building Rights?
Building rights belong from the outset to all building residents, unless otherwise registered in the by-laws. To expand your private apartment at the expense of shared property, the Land Law (Section 71b) requires the proprietary consent of owners of 75% of the apartments, who hold two-thirds (2/3) of the shared property.
The Golden Rule: A Municipal Permit Does Not Override Neighbours' Rights
A building permit does not override or extinguish the property rights of neighbours in a shared building. Under Israel's Planning and Construction Law (1965), planning committees evaluate applications on zoning and structural grounds only — they have no authority to grant one apartment owner rights over common spaces belonging to other co-owners. A building permit and a proprietary entitlement are distinct legal instruments, and possessing one does not imply possession of the other. The Law Office of Adv. & CPA Shoshi Arbib advises apartment owners on navigating both planning approvals and proprietary consents before commencing any construction.
The Rozenblatt Case
A court ruling (Tel Aviv District Court 17055-04-12) illustrates this clearly. A family obtained a legal building permit for an additional floor, but the neighbour obtained an injunction that stopped construction. The Registrar of Land ruled that in a two-apartment building the neighbour's consent is required — giving him an effective veto.
In Summary
A building permit is a planning and construction approval issued by the local planning committee under Israel's Planning and Construction Law (1965), confirming the project meets architectural and zoning requirements. It does not confer property rights. To exercise building rights in a shared building, the applicant must also hold the consent of co-owners representing at least 75% of the apartments and two-thirds of the common areas, as required under Section 71b of the Land Law (1969). Both approvals are independently mandatory — a planning permit cannot substitute for proprietary consent from co-owners.
Before You Buy an Apartment in a Shared Building
If you plan to expand or renovate an apartment in a shared building, carry out these checks before signing a purchase contract:
- Review the building by-laws — check whether building rights are allocated to specific apartments or remain jointly held.
- Obtain a Land Registry extract (Nesach Tabu) — verify whether any notes, restrictions, or rights are registered against the property or the common areas.
- Check with the local planning committee — confirm the existing permit situation and whether any violations are registered against the building.
- Seek legal advice before signing — a real estate attorney can identify hidden planning or ownership obstacles before you are committed.
How to Obtain Neighbour Consent
- Reach agreement in principle — discuss your plans with all relevant co-owners and obtain written confirmation of their agreement to the proposed works.
- Draft a detailed neighbours' agreement — the agreement should specify the exact area to be used, any consideration paid, indemnity provisions, and the rights each party retains.
- Register the agreement at the Land Registry — recording the agreement at the Tabu ensures it binds future buyers and cannot be easily reversed.
Does a building permit from the municipality grant the right to build in a shared building?
No. A building permit is a planning and architectural approval issued by the local committee under the Planning and Building Law — it does not create or transfer property rights over common areas. In a shared building, proprietary consent from co-owners must be obtained independently under Section 71b of the Land Law. Planning committees have no authority to override neighbours' ownership rights, regardless of the permit's scope. The Law Office of Adv. & CPA Shoshi Arbib handles both the planning and proprietary consent processes for shared-building expansion projects.
What percentage of neighbors must approve an apartment expansion in a shared building?
Under Section 71b of Israel's Land Law, expanding an apartment at the expense of common property — roof, stairwells, shared courtyard — requires consent from owners of at least 75% of the apartments who together hold two-thirds of the common property. In a two-apartment building this gives each neighbour an effective veto. Where a neighbour refuses unreasonably, the initiating owner may petition the court to override the refusal under the Land Law's dispute-resolution provisions, balancing the rights of all parties involved.
Official References: Israel Land Authority · Israel Tax Authority · Israel Ministry of Justice · Israeli Courts Administration · National Insurance Institute of Israel
Shoshi Arbib Law Office — Attorney | CPA | Mediator, Netanya, Israel.
