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 the property rights of neighbours. Planning committees approve construction from a planning perspective only — they do not grant property rights to the space.
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 approval only. To act on it you must hold the required property rights and the legally required consent of your neighbours — without it, building rights cannot be exercised.
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 only — it does not grant property rights. In a shared building, you must also obtain the proprietary consent of neighbours as required by the Land Law. Planning committees have no authority to override the property rights of fellow apartment owners.
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 requires the consent of owners of at least 75% of the apartments who together hold two-thirds of the common property. In a two-apartment building, this effectively gives each neighbour a veto right over the other's expansion plans.
