The neighbour split the house into separate units without a permit: what can be done

What happened in the case?

The villa next to our client's house had been split into three residential units without a permit. An external staircase was built, windows were opened facing her bedroom, and the units' sewage was connected to her private manhole. The municipality filed an indictment, the neighbour removed the split for appearance's sake, the indictment was withdrawn, and the split returned.

We filed a claim against the owners of the villa, against the occupants and against the local planning committee. We hired a private investigator who, posing as a prospective tenant, documented the use of the units. In his statement of defence the neighbour denied everything. The court appointed an engineer to give an independent opinion on its behalf. During the engineer's site visit it emerged that the taps of a dismantled kitchen had been hidden behind a decorative feature, and a comparison with the investigator's photographs exposed this in no time.

What was decided?

• A permanent injunction prohibiting the use of the ground-floor unit as a separate residential unit, including letting it.
• An order to carry out, within 60 days, the works specified by the court engineer to remove the split and deal with the sewage.
• When it emerged that the order had been complied with only in part, the court engineer prepared a supplementary opinion, and the defendants were ordered to pay his fee.

Can you sue a neighbour simply because he built without a permit?

It is not enough that the construction is illegal. You must show that the construction or the use actually harms you: privacy, noise, sewage, parking, or some other interference with the use of your property. That is what turns the matter into a nuisance that the court can bring to an end.

In our case there was a severe parking problem, and one of the occupants had even opened a food business on the premises, so that in a quiet residential neighbourhood goods vehicles were coming and going to load and unload merchandise.

Why join the local planning committee?

Joining the local committee makes the authority's position clear to the court, and prevents a situation in which each side shifts responsibility onto the other. Even where the committee does not enforce on its own initiative, its position in the proceedings can support the claim.

In our experience, the committee announces that it consents in advance to any judgment and has no interest in the proceedings. That is precisely why it should be joined: in this way the judgment can be enforced against it, and a remedy can be sought ordering it to exercise the powers vested in it under the Planning and Building Law, 5725-1965. Otherwise, the committee argues that it was not a party to the proceedings and that the judgment therefore does not apply to it, even though this is its duty under the law in any event.

How do you prove actual use?

• Systematic documentation over time: photographs, videos, rental advertisements.
• A private investigator, where the neighbour denies the use.
• A court-appointed engineer who inspects the building.
• A comparison between what the court engineer sees and the earlier documentation.

When should you consult a lawyer?

Has a neighbour built or split a property without a permit, and are you being harmed? Send us your documentation and we will check whether there are grounds for a claim.

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.