The Blocking Neighbour Problem
In Israel's shared buildings, renovation and strengthening projects — including Tama 38 earthquake retrofitting and urban renewal (Pinuy-Binuy) — require majority consent thresholds. A single owner refusing to participate can sometimes delay or block an entire project, at significant cost to all other residents.
Legal Tools to Overcome a Refusal
Israeli law provides several mechanisms to address an unreasonable refusal:
- Section 71b petition: For expansion projects, courts can authorise works despite a refusal if the required majority supports it and the refusing neighbour's objection is not well-founded.
- Tama 38 court orders: Specific legislation allows courts to compel participation in Tama 38 projects if the required majority agrees and the refusal is unreasonable or made in bad faith.
- Pinuy-Binuy: Urban renewal projects have their own consent thresholds and enforcement mechanisms.
When the Refusal Is Legitimate
Not every refusal is unreasonable. A neighbour may legitimately object to structural plans that genuinely affect their apartment, plans that violate the building's by-laws, or projects that are financially detrimental to them. Mediation is often faster and cheaper than court proceedings.
Can I force a neighbour to agree to a Tama 38 project in Israel?
In certain circumstances yes — Israeli courts can override an unreasonable refusal to participate in a Tama 38 project. However, the law requires a defined majority of residents to already support the project, and the court must find that the refusing neighbour's objection is not based on legitimate concerns. The process involves legal proceedings that can take months. Attempting mediation before going to court is usually advisable.
