Building and extending in a house not registered as a condominium: what the Superintendent held

What happened in the case?

A house comprising six apartments in Binyamina, on a large plot, not yet registered as a condominium. Each side held half of the parcel under a division plan. Our client built and sold apartments in his part. The neighbours claimed that he had departed from the permit and from what had been agreed, caused damage to the beam, the column and the roof, positioned water heaters in a harmful manner and split off a residential unit. Earlier proceedings between the parties had been struck out in 2017 following oral agreements.

What was decided?

• The Superintendent emphasised that construction and additions in such a house require the owners' consent, so that in practice each side holds a right of veto.
• The neighbours claimed that they had consented only to construction under the original permit. An unsigned draft settlement agreement did not prove that claim.
• The damage claims were dismissed on the basis of an opinion by a jointly agreed professional. All that remained were cosmetic repairs to the roof, which the client undertook to carry out.
• The claim that a unit had been split off was dismissed: an advertisement for an "income-generating unit" does not prove that a separate residential unit exists.
• An injunction was granted concerning passage over an area designated for expropriation: publication of an expropriation notice does not, in itself, give the authority any right until it takes possession.
• The neighbours were ordered to pay costs.

Why is a written co-ownership agreement so important?

Where there is no condominium registration, the agreement between the co-owners is the document that determines who may build, where and to what extent. Oral agreements and unsigned drafts lead to exactly the kind of disputes seen in this case. A written agreement with a plan saves years of litigation.

The difference from a registered house is fundamental. In a house registered as a condominium, the law allows the owners of three quarters of the apartments and two thirds of the common property to decide to take parts of the common property and attach them to an apartment in order to extend it, and to allocate the building rights required for that purpose (section 71B of the Land Law). In an unregistered house this arrangement does not apply, and so, as the Superintendent held, construction and additions require the owners' consent.

Who has jurisdiction over such a dispute?

The Superintendent of Land Registration hears disputes between co-owners of land, even where the house has not been registered as a condominium. It is a professional tribunal with in-depth knowledge of real property law.

What about an advertisement for an "income-generating unit"?

A listing on a property website is not proof. To prove that a unit has been split off, it must be shown that a separate residential unit actually exists, with its own entrance, kitchen and independent use.

When should you consult a lawyer?

Co-owners of a house not registered as a condominium, with a dispute over construction? Send us the co-ownership agreement and the plan.

To arrange a call: 052-5927592, or on WhatsApp using the button on the website.

About the author

Amos Ilan is an advocate (Israel Bar no. 35320) and a notary (licence no. 214444). The office is at 17 Tzahal Street, Ness Ziona, and handles real estate transactions, construction defects, condominium disputes and civil litigation.