Most of us live in shared buildings and share walls, ceilings, lifts, and common property with neighbours we did not always choose. This shared living frequently generates disputes: who is responsible for roof repairs? May a neighbour fence part of the yard? What to do about dampness damage? Who owns the building rights? (Shoshi Arbib Law Office.)
Most of us live in shared buildings and share walls, ceilings, lifts, and common property with neighbours we did not always choose. This shared living frequently generates disputes: who is responsible for roof repairs? May a neighbour fence part of the yard? What to do about dampness damage? Who owns the building rights?
What Is the Law on Shared Buildings in Israel?
Encroachments on Common Property
Everything not registered as an apartment (external walls, stairwells, lifts) is "common property" belonging to all residents. Courts have ruled that even a minor interference with neighbours' comfort is sufficient to obtain a demolition order and eviction for unauthorised construction or encroachment on communal areas.
Dampness Damage and Flooding
Water is the number one source of disputes in shared buildings. In cases of leaks or pipe bursts, causal connection must be proven through an expert opinion. Our office accompanies residents and building committees in these complex claims.
Building Management (Building Committee)
Every shared building is managed according to its by-laws, requiring the appointment of a representative committee. A resident cannot exempt themselves from building committee fees on the grounds that they do not use a particular facility. For example, ground floor residents must contribute to lift costs.
Building Rights vs. Building Permits
Wishing to expand your apartment? A building permit does not override the property rights of neighbours. To exercise building rights, the legally required consent of the apartment owners is needed.
Who is responsible for repairing dampness damage in an Israeli shared building?
Responsibility for dampness damage depends on the source: if a leak originates from shared plumbing, the building committee bears responsibility. If water comes from an upstairs apartment, that apartment owner is liable. In either case, responsibility must be established through a professional expert opinion rather than assumptions.
Can a shared building apartment be expanded without the neighbours' consent?
No. Under Section 71b of Israel's Land Law, expanding an apartment at the expense of common property requires the proprietary consent of owners of 75% of the apartments who hold two-thirds of the common property. A municipal building permit does not replace this consent and cannot override the neighbours' property rights.
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.
