— under Section 71b of the Land Law (1969), expanding an apartment at the expense of common property requires consent from at least 75% of apartment owners who together hold two-thirds of the common property. A minority owner who refuses may, in certain circumstances, be overridden by court order where the refusal is unreasonable or in bad faith. For Tama 38 and urban renewal projects, specific majority thresholds apply under planning law. The Law Office of Adv. & CPA Shoshi Arbib represents building owners in neighbour consent disputes and shared-building project negotiations.
What Is the Law When a Neighbour Blocks a Building Project in Israel?
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 have authority to override an unreasonable or bad-faith refusal to participate in a Tama 38 or urban renewal project, provided the required statutory majority of residents already supports the project and the refusing party's objection lacks legitimate basis. The process requires filing a court application, which typically takes several months. Mediation before court proceedings is recommended: it is faster, preserves neighbour relations, and in many cases achieves the same result. The Law Office of Adv. & CPA Shoshi Arbib manages both mediation and court applications in shared-building disputes.
What is legal tools to overcome a refusal?
Israeli law provides several mechanisms to address an unreasonable refusal:
Official References: Israel Land Authority · Israel Tax 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.
