Building standards and construction defects: when a standard binds the contractor

An engineer's opinion in a construction defects claim is usually full of standard numbers: IS 1752, IS 1476, IS 1555, IS 789. The contractor almost always replies with the same sentence: "that standard is not binding". Who is right? Sometimes the contractor is. Usually less than the contractor thinks.

What is the difference between an official standard, an Israeli standard and professional practice?

An official Israeli standard is a standard the Minister declared in the Official Gazette under section 8 of the Standards Law, 5713-1953. Section 4(a)(1) of the Sale (Apartments) Law, 5733-1973 provides that the seller has not fulfilled its obligations if the apartment or anything in it differs from what is stated in the specification, in an official standard or in the building regulations. So a deviation from an official standard is a non-conformity under the Law itself.

An Israeli standard that is not official is a standard set by the Standards Institution under section 6 of the Standards Law, but not declared official. Some of the most important standards in construction defects are here:

• Roof waterproofing (IS 1752).
• Watertightness and flood tests (IS 1476).
• Flooring (IS 1555 Part 3).
• Plaster (IS 1920).
• Permitted tolerances (IS 789).

Good professional practice and accepted building custom apply where no standard addresses the matter.

Does a standard that is not official bind the contractor?

The main route: through the specification. The specification form prescribed by the Minister of Construction and Housing in the Sale of Apartments Order (Specification Form) includes the provision that all products and work shall meet the requirements of the Israeli standard, if there is one. Section 4(a)(1) lists the specification as a separate source of non-conformity, alongside the official standard.

This is what the Tel Aviv District Court held in CA 66378-12-15 Meshab Housing, Construction and Development Co. Ltd. v. Fredy (12 November 2017, Judge Sara Dotan):

• The case: a flooring substrate that did not meet IS 1555, a standard that is not official.
• The contractor argued that the Law deals only with official standards.
• The argument was rejected: failing to meet the Israeli standard, "even though it is not official", is the same as failing to meet the specification, and is therefore a non-conformity under section 4(a)(1).
• The appeal was dismissed, and the order to replace the flooring stood.

The narrower approach. In CA (Tel Aviv District) 1017/08 Sharbat Brothers Construction Co. Ltd. v. Elijah (2008) it was held that:

• A standard that is not official can serve as a "professional recommendation", but a reasonable deviation from it does not create liability in negligence.
• The case: a new standard for lift noise, which was not official at the time of the permit.
• The noise level met the regulations that applied at that time, and there was no material deviation from the new standard.

Even after Sharbat, the courts continue to recognise a standard that is not official as a professional benchmark. For example, in CC (Haifa Magistrates) 28674-10-18 Skler v. Ramat HaNasi Gav-Yam Rasco (9 April 2024), the court treated an Israeli standard that is not official as "an authoritative professional recommendation". The court also noted there that the specification attached to the sale agreements did not include the reference to the Israeli standard, which shows why the specification should be checked.

What this means in practice:

• A standard that is not official does not disappear from the picture. In almost every sale contract with a developer it comes in through the specification.
• Even where that argument is not accepted, the court and the court-appointed expert use the standard as the benchmark for proper work.
• The contractor may argue a reasonable and minor deviation. It is hard to justify construction that ignores the standard.

What happens when there is no specific standard?

Some defects are not addressed directly by any standard, and some standards phrase a requirement as a recommendation only. Even then, the contractor does not have a free hand.

In CC (Tel Aviv Magistrates) 32237-01-10 Ochaldiev v. A.A. Abu Ras (23 January 2012, Judge Tamar Avrahami) the court considered the positioning dimensions of plumbing fixtures under IS 1205 Part 3:

• The dimensions in the standard appear as "recommended", and only where the plans do not set the position.
• The court held that they should not be treated as binding minimum dimensions.
• But it added: even where there are plans, the dimensions and positions must be consistent with "good professional practice, which binds even in the absence of a specific standard".

Professional practice carries less weight than a written standard. It is established mainly through the engineer's opinion, so it depends more on persuasion and proof. A well-built claim presents the standard first, if there is one, and only then professional practice. That moves the question from "is there a binding standard" to "was the work done properly".

Which edition of the standard applies?

Standards are updated. As a rule, the standard checked is the one in force at the time relevant to the construction, not at the time of the inspection. The Supreme Court left open exactly which date governs (CA 6092/00 Kaduri Urban Development v. Otmazgin, 2002). In the trial courts, the date usually chosen is that of the agreement and specification or of the building permit.

In Meshab the court added a practical point: the inspection was carried out under a later edition of the standard. The contractor did not show that the relevant requirement had changed between the editions, so its argument was rejected.

Which standards come up again and again in construction defects claims?

The data are taken from the office's standards library. The status of each standard (official or not) is correct for the edition in the library. Standards are updated, and sometimes only part of a standard is declared official.

What does this mean for a buyer from a developer?

Check whether the specification provides that products and work will meet the requirements of the Israeli standard, attach an engineer's opinion that cites the clause and table of the standard with a measurement, and where there is no standard, rely on good professional practice and accepted building custom. In any case, you must notify the contractor on time and give an opportunity to repair.

1. Check the specification. If it includes the provision that "all products and work shall meet the requirements of the Israeli standard", as in the prescribed form, the argument "that standard is not binding" is very weak.
2. An opinion that cites the clause. An engineer who cites the clause and table of the standard, with a measurement, is worth much more than an opinion that just says "contrary to the standard". On preparing an opinion: Engineer's opinion on construction defects.
3. No standard? Do not give up. Rely on good professional practice and accepted building custom. The weight is lower, so the opinion must explain why the work is unreasonable.
4. Notice and timing. The right is not preserved by the standard alone. You must notify the contractor on time and give an opportunity to repair: Notice to the contractor about defects.

Case law and sources

• Sale (Apartments) Law, 5733-1973: section 4(a)(1). Hebrew.
• Standards Law, 5713-1953: sections 6, 8. Hebrew.
• Sale of Apartments Order (Specification Form): the provision that all products and work shall meet the Israeli standard. Hebrew.
• CA (Tel Aviv District) 66378-12-15 Meshab Housing, Construction and Development Co. Ltd. v. Fredy (12 November 2017).
• CA (Tel Aviv District) 1017/08 Sharbat Brothers Construction Co. Ltd. v. Elijah (2008).
• CC (Haifa Magistrates) 28674-10-18 Skler v. Ramat HaNasi Gav-Yam Rasco Ltd. (9 April 2024).
• CC (Tel Aviv Magistrates) 32237-01-10 Ochaldiev v. A.A. Abu Ras (23 January 2012).
• CA 6092/00 Kaduri Urban Development Ltd. v. Otmazgin (2002).
• Table data: the office's standards library (texts of the Standards Institution of Israel).

Checked on 24 October 2026.

About the author

Adv. Amos Ilan is an advocate (licence 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. Alongside his legal work he has practical knowledge, not based on formal training, of engineering, property appraisal, and electrical and building systems, and he personally conducts the cross-examination of experts in construction defects cases.