Land Law, 5729-1969
חוק המקרקעין, תשכ"ט-1969
Published: 1969-07-27Consolidated Hebrew text as of 2024-07-08 · Last amended 2024-07-04✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Section B: Dissolution of Co-ownership
Right to Demand Dissolution of Co-ownership§
37.
(a)Every co-owner of co-owned real property is entitled at any time to demand dissolution of the co-ownership.
(b)Where a co-ownership agreement contains a stipulation negating or restricting the right to demand dissolution of the co-ownership for a period exceeding three years, the court may, after three years have elapsed, order dissolution of the co-ownership notwithstanding the stipulation, if it considers it just to do so in the circumstances of the matter.
Dissolution by Agreement or Court Order§
38.
(a)Dissolution of the co-ownership shall be effected by agreement between the co-owners; where the agreement provides for division of the real property in kind, the agreement requires the approval of the Inspector confirming that the division conforms to the provisions of the Planning and Building Law and any other enactment on the matter.
(b)In the absence of an agreement as referred to in subsection (a), dissolution of the co-ownership shall be effected pursuant to a court order in accordance with sections 39 to 43.
Dissolution by Division§
39.
(a)In respect of real property that is capable of being divided, dissolution of the co-ownership shall be effected by way of division in kind.
(b)Where division in kind is possible only if equalisation payments are made from one co-owner to another, the court may order them to make such payments if it considers it efficient and just in the circumstances of the matter; the provisions of section 25 shall apply to the equalisation payments, with the necessary modifications.
(c)Where the court considers it necessary, it may order the registration of an easement between the parcels.
Dissolution by Sale§
40.
(a)In respect of real property that is not capable of being divided, and likewise if the court is satisfied that division in kind would cause significant loss to the co-owners, whether all or some of them, dissolution of the co-ownership shall be effected by way of sale of the real property and distribution of the proceeds.
(b)The sale shall be conducted in the manner in which attached real property is sold in execution proceedings, unless the court has directed another manner that appears to it to be more efficient and just in the circumstances of the matter.
Residential Dwelling of Spouses§
40a.
(a)Where the court has decided, pursuant to section 40, on dissolution of the co-ownership of co-owned real property that is a dwelling of spouses serving as their place of residence, by way of sale, it shall not order the execution thereof and the sale shall be stayed, so long as the court is not satisfied that for the minor children of the spouses and the spouse who is in custody of them, jointly, another housing arrangement suitable to their needs has been found, including an interim arrangement for temporary residence suitable to their needs, for a period to be determined.
(b)The provisions of section 33 of the Tenant Protection Law [Consolidated Version], 5732-1972, shall not apply to a person who was a co-owner of a dwelling in respect of which the court decided on dissolution of the co-ownership, as referred to in subsection (a).
Dissolution in Special Cases§
41.
(a)Where the impediment to division of the real property in kind exists only with respect to one of the co-owners, and that co-owner has real property adjoining the co-owned real property and has agreed that his share be joined to the adjoining real property, the real property shall be divided accordingly.
(b)Where there is an impediment to division in kind among all the co-owners but there is no impediment to such division if several co-owners take their shares jointly and those co-owners have agreed to this, the real property shall be divided accordingly.
(c)Where the impediment to division in kind exists only with respect to some of the co-owners, the others may retain the real property in their hands jointly or divide it among themselves, provided that they pay to those co-owners what would have fallen to their share had the real property been sold as referred to in section 40.
Dissolution by Conversion to a Co-operative House§
42.
(a)Where the main part of the co-owned real property is a building that is fit for registration as a co-operative house, the court may, after having received the opinion of the Inspector, order dissolution of the co-ownership by way of registration of the building in the register of co-operative houses and allocation of apartments to the co-owners in proportion to their shares.
(b)Where dissolution of the co-ownership as referred to in subsection (a) is possible only if equalisation payments are made from one co-owner to another, the court may order them to make such payments if it considers it efficient and just in the circumstances of the matter; the provisions of section 25 shall apply to the equalisation payments, with the necessary modifications.
Wishes of the Co-owners§
43.
The court shall have regard, as far as possible, to the demand of some of the co-owners to maintain the co-ownership among themselves and to the other wishes of the co-owners.
Management and Use Pending Dissolution§
44.
The court may issue an interim order regarding the arrangements for management of the real property and the use thereof until the completion of the dissolution proceedings.
Co-ownership of Other Rights§
45.
The provisions of the preceding Section and of this Section, in so far as they are relevant, shall apply, with the necessary modifications, also to other rights in real property when they are held by several persons.
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Contact Us →Section C: Building and Planting on Co-owned Real Property
Dissolution of Co-ownership by Reason of Unlawful Erection of Fixtures§
46.
Where a co-owner has erected fixtures on co-owned real property without being entitled to do so by law or by agreement with the other co-owners (hereinafter – the erecting co-owner), any of the other co-owners may, notwithstanding any restriction in the co-ownership agreement, demand dissolution of the co-ownership in accordance with the provisions of Section B; if dissolution of the co-ownership has not been demanded, the provisions of Chapter IV shall apply, with the necessary modifications.
Dissolution of Co-ownership by Division§
47.
In dissolving the co-ownership by way of division of the real property in kind, the court shall determine, as far as possible, the plot of the erecting co-owner in a form that includes the fixtures.
Dissolution of Co-ownership by Sale§
48.
Where dissolution of the co-ownership is effected by way of sale of the real property and the price obtained exceeded the price that would have been obtained from the sale of the real property without the fixtures, the erecting co-owner is entitled to reimbursement of his investment in the fixtures, but not more than the difference between the two prices; where the price obtained was less than the price that would have been obtained from the sale of the real property without the fixtures, the erecting co-owner shall pay to the other co-owners the difference in proportion to their shares in the real property.
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Contact Us →Section D: Fixtures on a Boundary
Ownership and Use§
49.
(a)Walls, fences, trees, and similar fixtures situated on the boundary of adjoining real property (hereinafter – boundary fixtures) shall be regarded as assets in the joint ownership of the owners of the adjoining real property, so long as the contrary has not been proved.
(b)Each of the owners of the real property may use boundary fixtures for the purpose for which they were erected, and is obliged to participate in the expenses required to maintain them in proper condition in the proportion agreed between them, and in the absence of such an agreement – in equal shares, unless the extent of use thereof was different.
Fruits that Have Fallen into Another's Domain§
50.
Trees or other plants growing near the boundary — their fruits that have fallen into the domain of adjoining real property belong to the neighbour; if they have fallen to a place to which the public has free access, any passer-by is entitled to take them for himself.
Plants Growing Near the Boundary§
51.
Trees or other plants growing near the boundary whose branches or roots spread into adjoining real property — the owner of the adjoining real property or the person in possession thereof (hereinafter – the neighbour) is not entitled to demand removal of the branches or roots, unless they are such as to cause damage to the real property or to interfere unreasonably with his enjoyment of the real property; where the neighbour has demanded from the owner of the plants that such branches or roots be removed and they have not been removed within a reasonable time, he may remove them himself at the expense of the owner of the plants.
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Contact Us →Chapter VI: Common Houses
Section A: General Provisions
Definitions§
52.
In this Chapter, and also in Section D of Chapter IX –
"building" – a permanent structure, including the land on which it is built;
"apartment" – a room or unit, or a set of rooms or units, intended to serve as a complete and separate unit for residential, business or any other purpose;
"common house" – a building containing two or more apartments that is registered in the register of common houses;
"apartment owner" – in relation to an apartment that has been let on long-term lease – the long-term lessee or the long-term sublessee, as the case may be, unless it is stipulated in the lease contract that for the purposes of this Chapter they shall not be regarded as apartment owners;
"common property" – all parts of the common house other than the parts registered as apartments, including the land, roofs, external walls, foundation, stairwells, lifts, shelters, and also heating or water installations and the like intended to serve all or most of the apartment owners, even if they are within the bounds of a particular apartment.
Application of real property law§
53.
Every provision of this Law, and every law applicable to real property, shall apply also to apartments in a common house, with the necessary modifications; and where registration in the real property registers is referred to, it shall be regarded as if registration in the register of common houses were referred to.
Separate ownership of apartments§
54.
Notwithstanding the provisions of section 13, an apartment in a common house shall be a separate subject of ownership, rights and transactions.
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Contact Us →Section B: Apartments and Common Property
Parts of the common property appurtenant to apartments§
55.
(a)Appurtenant to each apartment in a common house is an undivided share in the common property of that common house.
(b)A transaction in an apartment shall also apply to the share in the common property appurtenant to it, and a transaction in the common property separately from the apartment has no effect; nothing in this provision shall prevent an act intended to reduce or increase the area of the land forming part of the common property.
(c)Apartment owners may determine in the by-laws, within the meaning thereof in Section C of this Chapter (hereinafter – the by-laws), that a particular part of the common property shall be appurtenant to a specified apartment, provided that they shall not so determine in relation to stairwells, lifts, shelters and installations intended to serve all apartment owners; where a particular part of the common property has been made appurtenant to a specified apartment, the provisions of this Chapter concerning common property shall not apply to it, and it shall be treated in all respects as the apartment to which it has been made appurtenant.
Non-application of Chapter V§
56.
(a)The provisions of Chapter V shall not apply to the common property.
(b)Nothing in subsection (a) shall prevent co-ownership of an apartment or the partition of such co-ownership.
Share in the common property§
57.
(a)The proportion of the share in the common property appurtenant to each apartment shall be in accordance with the ratio of the floor area of that apartment to the floor area of all the apartments in the common house, unless a different proportion is determined in the by-laws; in calculating the proportion of a share as aforesaid, fractions of one hundredths shall not be exceeded.
(b)In calculating the floor area for the purposes of subsection (a), the area of balconies and external walls shall not be taken into account, unless a different provision is determined in the by-laws.
(c)Where a particular part of the common property has been made appurtenant to a specified apartment, its area shall be taken into account for the purposes of subsection (a) at the proportion determined for that purpose in the by-laws, and in the absence of such a determination – at the proportion determined by the Inspector according to the circumstances.
Bearing of expenses§
58.
(a)An apartment owner is obliged to participate in the expenses necessary for the proper maintenance and management of the common property and for securing the services required by law or customary by practice, in proportion to the ratio of the floor area of his apartment to the floor area of all the apartments in the common house, unless a different rate of participation is determined in the by-laws; for this purpose, "proper maintenance" – maintaining the condition of the common property as it was at the time of completion of construction, including improvements made thereto thereafter with the consent of the apartment owners.
(b)(Repealed)
Common house comprising several buildings or wings§
59.
(a)Where a common house comprises several buildings or several wings each of which has a separate entrance or separate installations (hereinafter – composite house), and the apartment owners have determined in the by-laws that the common property, in whole or in part, within the bounds of each building or wing shall be appurtenant to the apartments in that building or wing, or that its maintenance and management shall be separate, the obligation to participate in the maintenance and management expenses of the common property as aforesaid shall apply only to the apartment owners in that building or wing; the apartment owners may determine in the by-laws that a general meeting and a separate representation shall be maintained in respect of that building or wing.
(b)In the absence of a determination in the by-laws as referred to in subsection (a), the Inspector may direct that a composite house be managed as referred to in subsection (a) if satisfied that the circumstances of the matter justify doing so; where the Inspector has so directed, he shall determine the parts of the common property to which subsection (a) shall apply.
(c)Nothing in the determination that a composite house be managed as referred to in subsection (a) shall derogate from the provisions of the Law applicable to the common property in such a house, the maintenance and management of which have not been separated.
Installation of a solar water heater§
59a.
(a)An apartment owner may, subject to subsection (b), without the consent of the other apartment owners, install in a reasonable location on the roof of the common house, which is common property, a solar water heater (hereinafter – solar water heater), and may install in a reasonable manner the installations connected therewith and the pipes for conducting water to his apartment, provided that all of the following conditions are met:
(1)the installation is carried out in accordance with the provisions of the Planning and Building Law;
(2)on the day of installation, the location on which the solar water heater is to be installed has not, for a reasonable period, served the apartment owners for any purpose agreed upon, whether by a decision of the apartment owners or by their conduct, and on that day it is not intended to serve any purpose under the by-laws of the common house;
(3)the installation of the installations and pipes shall be carried out in a manner that minimises as far as possible the harm to the appearance of the building.
(b)An apartment owner in a common house whose roof is not sufficient for a number of solar water heaters equal to the number of apartments in the building shall not be entitled to install a solar water heater as referred to in subsection (a) unless he has obtained the consent of all other apartment owners, provided that if another apartment owner has objected on unreasonable grounds or has made his consent conditional upon unreasonable conditions, the Inspector may permit the installation of the solar water heater.
(c)A certificate bearing the signature of the engineer of the local planning and building committee shall serve as evidence as to whether the roof of the building is or is not sufficient for a number of solar water heaters equal to the number of apartments in the building; in the said certificate the engineer shall determine the number of solar water heaters for which the roof of the building is sufficient.
Disconnection from a central heating system§
59b.
(a)An apartment owner may disconnect himself, at his own expense, from the central system for water heating or heating (hereinafter – the central system), without the consent of the other apartment owners, provided that if the central system is combined for both water heating and space heating he shall not be entitled to disconnect from only one of them; nothing in this provision shall derogate from the provisions of section 2 of the model by-laws in the Schedule to the Law.
(b)The Minister of Energy and Infrastructure shall determine by Regulations, with the approval of the Interior and Environmental Protection Committee of the Knesset, what constitutes disconnection for the purposes of this section, what conditions permit disconnection and under what conditions it shall be carried out.
(c)A disconnection as referred to in subsection (a) shall not derogate from the rights of the apartment owner in the central system from which he has disconnected, nor shall it release him from the obligation to bear the expenses necessary for its proper maintenance.
(d)The Minister of Justice, in consultation with the Minister of Energy and Infrastructure and with the approval of the Interior and Environmental Protection Committee of the Knesset, shall determine by Regulations provisions concerning the payment of expenses as referred to in subsection (c) to be paid by the apartment owner who has disconnected from the central system, as well as concerning his share in the current operating expenses of the central system, taking into account the rate of increase in such expenses caused to the other residents as a result of the disconnection.
Adaptations for a person with a disability§
59c.
(a)In this section –
"person with a disability" – as defined in the Equal Rights for Persons with Disabilities Law, 5758-1998;
"occupational therapist", "physiotherapist" – as defined in the Regulation of Occupation in Health Professions Law, 5768-2008;
"the Commission" – the Commission for Equal Rights of Persons with Disabilities, within the meaning thereof in the Equal Rights for Persons with Disabilities Law, 5758-1998;
"physician" – a licensed physician under the Physicians Ordinance [New Version], 5737-1976.
(b)An apartment owner who, or whose family member residing with him, or a person who leases the apartment from him, is a person with a disability, may, subject to the provisions of subsections (c) and (d), carry out an adaptation in the common property as detailed in Parts 1 to 3 of the Second Schedule (hereinafter – adaptation), provided that all of the following conditions are met:
(1)where carrying out the adaptation constitutes work or use requiring a permit under the Planning and Building Law – the apartment owner has obtained a permit under that Law and has complied with the conditions of the permit;
(2)a physician, physiotherapist or occupational therapist has confirmed by signature in a document drawn up in accordance with the form in Part 4 of the Second Schedule, that carrying out an adaptation, as specified therein, is required for the person with the disability, by reason of his disability, for the purpose of his safe and independent access to the apartment or to the common property serving it;
(3)the adaptation does not prevent the other apartment owners from making reasonable use of the common property, and the adaptation shall be carried out in a manner that minimises as far as possible the harm to the other apartment owners and to the appearance of the building;
(4)the adaptation shall be carried out at the expense of the apartment owner;
(5)the apartment owner or his representative delivered, not later than forty days before the date of carrying out the adaptation, a detailed written notice to the representation of the common house regarding the intention to carry out the adaptation and its nature; in the absence of a representation of the building, such notice shall be delivered to every apartment in the common house.
(c)
(1)Carrying out an adaptation from among the adaptations listed in Part 1 of the Second Schedule does not require the consent of the other apartment owners in the common house;
(2)Carrying out an adaptation from among the adaptations listed in Part 2 of the Second Schedule requires the consent of a majority of the apartment owners in the common house;
(3)Carrying out an adaptation from among the adaptations listed in Part 3 of the Second Schedule requires the consent of apartment owners who own sixty percent of the apartments in the common house.
(d)Where the Inspector finds that an apartment owner has objected on unreasonable grounds to the carrying out of an adaptation or has made his consent conditional upon unreasonable conditions, and has decided to permit the carrying out of the adaptation, his decision shall replace the consent of that apartment owner for the purposes of subsection (c)(2) and (3).
(e)The representation of the common house, as well as an apartment owner who considers himself harmed by the carrying out of an adaptation, may apply by claim to the Inspector within 30 days from the day on which the notice referred to in subsection (b)(5) was received; the filing of the claim shall not prevent the carrying out of the adaptation, unless the Inspector has directed otherwise; the Inspector may, for special reasons to be recorded, extend the time for filing a claim under this subsection.
(f)An apartment owner who has carried out an adaptation shall bear all the current expenses necessary for the proper maintenance of the product of the adaptation; however, if the product of the adaptation is intended to serve all or most of the apartment owners, all apartment owners shall bear such expenses.
(g)The tenants' meeting may decide that, upon the passing of the need for the adaptation, including in a case where the person with a disability has ceased to reside in the apartment, the apartment owner shall remove the adaptation, restore the situation to its former state, and bear all expenses involved therein; a decision under this subsection shall be made not later than 90 days from the date on which the need for the adaptation as aforesaid has passed.
(h)The Minister of Justice may, in consultation with the Commission and with organisations engaged in the promotion of the rights of persons with disabilities, and with the approval of the Labour, Welfare and Health Committee of the Knesset, amend, by Order, the Schedule.
(i)The provisions of this section, except for subsection (b)(2), shall apply, with the necessary modifications, to an apartment owner who, or a person who leases the apartment from him, is obliged to carry out accessibility arrangements in the common property under the provisions of Chapter V-A of the Equal Rights for Persons with Disabilities Law, 5758-1998, to the extent required for access to the public place or the public service, as the case may be, and in order to enable reasonable use and enjoyment, in the circumstances of the matter, of the public place or the public service; this section shall not apply to a public place or public service if an accessible alternative public place or public service exists within a reasonable distance, operated or maintained by the apartment owner or the lessee, as the case may be.
59d.§
(Repealed — תשע״ז)
Gas installations§
59e.
(a)Installations or pipework of a central gas system in a common house that are intended to serve only a particular apartment shall form part of that apartment, whether they are located inside the apartment or outside it.
(b)Installations or pipework of a central gas system intended to serve all or some of the apartment owners, other than a portable cylinder or a fixed cylinder, a meter or a regulator, shall form part of the common property.
(c)A provision, in a by-law or in a contract, that is in conflict with subsections (a) or (b) – shall be void, unless it is to the benefit of the apartment owners.
(d)In this section –
"portable cylinder" and "fixed cylinder" – as defined in the Arrangements in the State Economy (Legislative Amendments) Law, 5749-1989;
"central gas system" – a system for the supply of gas by means of which gas is supplied to two or more apartments.
Installation of a lift§
59f.
(a)Apartment owners who own two thirds of the apartments in the common house may decide at the general meeting on the installation of a lift in the common property, if the following conditions are met:
(1)a building permit for the installation of the lift can be obtained under the Planning and Building Law;
(2)it is possible to install the lift in a manner that does not cause material harm to the other apartments or any of them, to the common property or to the appearance of the building.
(b)
(1)The apartment owners who decide on the installation of the lift shall bear the expenses of its installation, and they may agree that only some of them shall bear such expenses;
(2)Apartment owners on the ground floor shall not bear the expenses of the installation of the lift, even if they are among those who decide to install it;
(3)All apartment owners shall be obliged to participate in the expenses of the maintenance and operation of the lift;
(4)The payments to be borne by apartment owners under this subsection shall be in accordance with the ratio between the floor area of each apartment and the floor area of all the apartments whose owners bear those payments.
(c)
(1)Apartment owners may determine, in an agreed by-law, that the provisions of this section shall not apply to them;
(2)Nothing in the provisions of this section shall derogate from a special provision existing in an agreed by-law concerning the installation of a lift.
(d)
(1)The provisions of Chapter VI, Section D shall apply to the proceedings before the Inspector under this section, with the necessary modifications;
(2)The Inspector may direct the cancellation of a decision made under this section, its amendment or its being made conditional on conditions, including compensation, all as he sees fit.
Operation of a lift as a Sabbath lift§
59g.
(a)In a common house containing apartments used for residential purposes, all or some of them, in which more than one lift is installed and in one of the lifts a Sabbath control mechanism has been installed, every apartment owner may demand that the lift in which the mechanism has been installed be operated as a Sabbath lift; where an apartment owner has made such a demand, the lift shall be operated as a Sabbath lift.
(a1)In a common house as referred to in subsection (a), in which one or more lifts are installed and in which a Sabbath control mechanism has not been installed in one of the lifts, as the case may be, a majority of the apartment owners may decide on the installation of a Sabbath control mechanism, and also on the operation of the lift or one of the lifts, as the case may be, as a Sabbath lift.
(b)The Minister of Justice shall determine the times of operation of a Sabbath lift, having regard, inter alia, to the number of persons requiring its operation and their needs.
(c)Notwithstanding the provisions of subsection (b), all apartment owners in the common house may decide on the operation of a Sabbath lift at particular hours.
(c1)Where the Minister of Justice has not determined times of operation as referred to in subsection (b), a Sabbath lift shall be operated at the times to be determined by a majority of apartment owners, provided that the determination of the times of operation of a Sabbath lift as referred to in subsection (a1) shall take into account all users of the lift and their needs.
(d)
(1)Apartment owners who demand the operation of the Sabbath lift shall bear the maintenance and operating expenses arising from the operation of the lift as a Sabbath lift;
(2)Apartment owners who demand the installation of a Sabbath control mechanism as referred to in subsection (a1) shall bear the expenses of its installation.
(e)The payments to be borne by apartment owners under this section shall be in accordance with the ratio between the floor area of each apartment and the floor area of all the apartments whose owners bear those payments.
(f)For the purposes of this section, in a composite house within the meaning thereof in section 59, each building or wing therein shall be regarded as a common house.
(g)The provisions of Chapter VI, Section D shall apply to the proceedings before the Inspector under this section, with the necessary modifications.
(h)In this section –
"Sabbath control mechanism" – as defined in the Installation of Sabbath Lifts in Public Buildings and Residential Buildings Law (Provisions and Legislative Amendments), 5761-2001;
"Sabbath lift" – a lift in which a Sabbath control mechanism is installed and in respect of which the provisions of subsection (a) or (a1), as the case may be, have been complied with.
Lighting on the Sabbath and festivals§
59h.
(a)An apartment owner may, without the consent of the other apartment owners, install, at his own expense, a mechanism enabling automatic operation of lighting without desecration of the Sabbath (in this section – the mechanism) in the common property, and shall bear the maintenance and operating expenses of the mechanism, provided that all of the following conditions are met:
(1)prior written notice thereof has been delivered to the representation of the common house, and in the absence of a representation of the building, such notice shall be delivered to every apartment in the common house;
(2)an undertaking has been given by the apartment owner to restore the situation to its former state and to bear the expenses involved therein if the mechanism is no longer needed;
(3)the operation of the mechanism does not constitute harm or nuisance to an owner of another apartment.
(b)In a composite house, as defined in section 59, notice as referred to in subsection (a)(1) shall be delivered to the apartment owners at the same entrance.
Installation of a Shabbat mechanism for a water pump§
59h1.
(a)An apartment owner may, without the consent of the other apartment owners, install, at his own expense, a mechanism enabling the automatic operation of a water pump without desecration of the Sabbath (in this section – the mechanism) in the common property, and shall bear the costs of maintenance and operation of the mechanism, provided that all of the following conditions are met:
(1)the apartment owner gave, not later than 30 days before the date of carrying out the installation, advance written notice to the management committee of the common house and to all apartment owners in the common house of his intention to carry out such installation, and if the mechanism is to be installed on a water pump serving only some of the apartment owners – to those apartment owners; the notice to the apartment owners shall be given in the manner in which notice of the convening of a general meeting of apartment owners is given pursuant to the by-laws of the common house and shall include particulars regarding the type of mechanism and the manner of installation;
(2)a written undertaking was given by the apartment owner to restore the situation to its former state and to bear the costs involved therein, if the mechanism is no longer needed;
(3)the installation or operation of the mechanism does not constitute harm or nuisance to an owner of another apartment;
(4)the installation of the mechanism is carried out in accordance with the provisions of the Electricity Law, 5714-1954;
(5)a registered engineer in the field of civil engineering who has experience in the installation of water system installations has confirmed that the installation or operation of the mechanism will not damage the building's systems or the water supply; for this purpose, "registered engineer" – as defined in the Engineers and Architects Law, 5718-1958.
(b)The Minister of Justice, in consultation with the Minister of Energy and Infrastructure and with the approval of the Interior and Environmental Protection Committee of the Knesset, may prescribe by Regulations provisions regarding the share of the apartment owner who installed a mechanism in the payment of the costs of maintenance and routine operation of the water pump on which the mechanism was installed, taking into account the rate of increase in such costs caused to the other apartment owners as a result of the operation of the mechanism.
(c)In this section, "water pump" – excludes a water pump used solely for fire-fighting purposes.
Installation of a photovoltaic installation or a storage installation serving all apartment owners§
59i.
(a)In this section and in section 59j –
"storage installation" – an installation enabling the conversion of electrical energy into energy that can be stored, and also the storage of such energy and its conversion back into electrical energy;
"photovoltaic installation" – a system for the production of electricity that directly converts solar energy into electrical energy.
(b)Apartment owners who own two-thirds of the apartments in the common house may decide at a general meeting on the installation of a photovoltaic installation or a storage installation (in this section – the installation) on the roof of the common house that constitutes common property, in whole or in part, and may install in a reasonable manner the devices and infrastructure connected to such installation, and they may also adopt decisions on transactions concerning the installation and the revenues deriving therefrom, notwithstanding the provisions of section 55, provided that all of the following conditions are met:
(1)the installation of the installation and the devices and infrastructure connected to its installation (in this section – the installation works) shall be carried out in accordance with the provisions of the Planning and Building Law and the Electricity Law, 5714-1954;
(2)the installation works and the operation of the installation shall be carried out in accordance with the Non-Ionizing Radiation Law, 5766-2006;
(3)the installation works shall be carried out in a manner that minimises, as far as possible, the harm to the appearance of the building;
(4)the installation works shall not damage installations that were lawfully installed on the roof of the common house;
(5)all of the following were presented to the apartment owners at the general meeting: the costs to be borne by the apartment owners on account of the installation of the installation, the expected costs of operating and maintaining the installation, the expected revenues from operating the installation, the period of return on the investment of the apartment owners, the party that will carry out the installation of the installation, the manner of maintaining and operating the installation, its location, its size and the safety measures to be taken during its operation.
(c)
(1)the apartment owners who decided on the installation of the installation as referred to in subsection (b) shall bear the costs of its installation, and they may agree that only some of them shall bear such costs;
(2)the installation costs to be borne by the apartment owners pursuant to paragraph (1) shall be in accordance with the proportionate share of the apartment owners who decided on the installation of the installation in the common property, unless the said apartment owners decided on a different distribution of costs;
(3)all apartment owners in the common house shall bear the costs of operating and maintaining the installation;
(4)where an installation as referred to in subsection (b) has been installed, the installation and the revenues received from its operation shall be regarded as part of the common property of the common house, however the revenues from its operation shall be used, before any other use, to cover the costs of maintenance and operation of the installation, and the balance of revenues shall be used, before any other use, to reimburse the installation costs to the apartment owners who bore them, in proportion to their share in those costs; after the reimbursement of the installation costs, the balance of revenues shall serve all the apartment owners in accordance with their proportionate share in the common house; for this purpose, "reimbursement of installation costs" – includes the reimbursement of the costs that would have been borne by the apartment owners who did not decide on the installation of the installation had they been among the apartment owners who decided on the installation, in addition to the reimbursement of the installation costs actually borne by the apartment owners who decided on the installation.
(d)An apartment owner who objects to a decision adopted in accordance with the provisions of subsection (b) and claims material harm to his rights may apply to the Inspector with a claim, and the provisions of section 71c(b) to (e) shall apply in that regard, with the necessary modifications and with the following modification: in subsection (d), the words "or that the real property appraiser appointed as aforesaid erred" and the concluding part beginning with the words "whether by way of equalisation payments" – shall not be read.
(e)
(1)where an installation as referred to in subsection (b) has been installed and an apartment owner claims that special circumstances exist that justify its removal, including a safety risk, he may apply to the Inspector with a claim for removal of the installation;
(2)where the Inspector finds that special circumstances exist that justify the removal of the installation, he may order the removal of the installation, in whole or in part, and prescribe provisions in that regard; the Inspector shall give directions regarding the bearing of the costs of removal of the installation.
(f)Apartment owners may prescribe in a consensual by-law that the provisions of this section shall not apply to them.
(g)Nothing in the provisions of this section derogates from a special provision existing in a consensual by-law regarding the installation of the installation.
(h)The Minister of Justice, with the approval of the Interior and Environmental Protection Committee of the Knesset, shall prescribe provisions regarding the modifications required to the provisions of this section if the common house is situated on the area of a plot to which a thematic plan as defined in section 62a(h)(1) of the Planning and Building Law applies, enabling the extension of existing apartments by way of construction on the roof of the common house.
Installation of a photovoltaic installation or a storage installation serving a particular apartment owner§
59j.
(a)An apartment owner may install, in a reasonable place on the roof of the common house that constitutes common property, a photovoltaic installation or a storage installation, and may also install in a reasonable manner the installations and infrastructure connected to such installation, all without the consent of the other apartment owners, provided that all of the following conditions are met:
(1)
(a)the installation works shall be carried out on an area at a proportionate rate not exceeding the share of the installing apartment owner in the common property; if an area of the roof surface serving apartment owners for another purpose agreed upon as referred to in paragraph (3) has been allocated, or if there are installations lawfully installed on the roof of the building, excluding solar water heaters, photovoltaic installations or storage installations, the area for the purposes of this section shall be calculated from the remaining area;
(b)if a solar water heater, a photovoltaic installation or a storage installation serving the installing apartment owner is already installed on the roof of the common house, its area shall be deducted from the area in which installation may be carried out pursuant to sub-paragraph (a);
(2)the conditions prescribed in paragraphs (1) to (4) of section 59i(b);
(3)on the date of the installation, the place on which the installation works are to be carried out has not, for a reasonable period, served the apartment owners for any purpose agreed upon, whether by a decision of the apartment owners or by their conduct, and on that date it was not intended to serve any purpose pursuant to the by-laws of the common house;
(4)the installing apartment owner or someone on his behalf gave, not later than 45 days before the date of carrying out the installation, advance written notice to the management committee of the common house and to all apartment owners in the common house of his intention to carry out such installation; the notice to the apartment owners shall be given in the manner in which notice of the convening of a general meeting of apartment owners is given pursuant to the by-laws of the common house; the notice shall include particulars regarding the location of the installation, its size and the safety measures to be taken during its operation.
(b)Several apartment owners together may act as referred to in subsection (a) if the conditions referred to in that subsection are met, with the necessary modifications.
(c)An apartment owner who carries out installation works as referred to in subsection (a) shall bear all the costs involved in the installation, operation and maintenance of the installation and all charges arising therefrom, and the installation pursuant to subsection (a) and the income received from its operation shall be regarded as part of the property of the installing apartment owner.
(d)Where an installation as referred to in subsection (a) has been installed and the management committee of the common house or an apartment owner believes that special circumstances exist that justify the removal of the installation, including due to a safety risk, the provisions of section 59i(e) shall apply in that regard with the necessary modifications and with the following modification: in paragraph (2), instead of the concluding part beginning with the words "the Inspector shall give directions", it shall read "the installing apartment owner shall bear all the costs involved in the removal of the installation, unless the Inspector has determined otherwise".
(e)Where an installation as referred to in subsection (a) has been installed and a decision has been adopted pursuant to this Law concerning the extension of an apartment as referred to in section 71b on the roof of the common house, the installation shall be removed or transferred to another location to the extent required; an apartment owner who extends his apartment as referred to in this subsection shall bear all the costs involved in the removal or transfer of the installation and shall reimburse the installing apartment owner the installation costs, all unless the Inspector has determined otherwise.
(f)The provisions of sections 59i(f) and (g) shall apply in respect of an installation as referred to in this section, with the necessary modifications.
Destroyed common house§
60.
(a)Where a common house has been destroyed, in whole or in part, for any reason, and the apartment owners to whose apartments at least three-quarters of the common property is appurtenant (hereinafter – the restorers) have decided to rebuild or repair the building, each apartment owner shall bear the costs involved therein with regard to his apartment, and all apartment owners shall participate in the costs involved therein with regard to the common property, each according to the share of the common property appurtenant to his apartment.
(b)Where an apartment owner refuses to participate in the rebuilding or repair of the common property, the Inspector may, upon the application of the restorers and after being satisfied that there is no practical possibility of rebuilding the common house in respect of the remaining apartments alone, order the apartment owner to transfer, within the period prescribed by him and which shall be not less than six months, his right in the apartment to another person to be designated by the apartment owner, who shall take his place in all matters relating to the obligation to rebuild or repair.
(c)Where the apartment owner has not transferred his right as referred to in subsection (b), the Inspector may, upon the application of the restorers, order the transfer of the right to a person proposed by the restorers, or in the absence of such a proposal – to a person designated by the Inspector, and order its registration in the name of that person after the value of the right has been paid to the apartment owner or deposited with the Inspector.
(d)Where disputes arise regarding the value of the right, the value shall be determined by the Inspector upon the application of the restorers or the apartment owner.
(e)Any application to the Inspector to exercise any of his powers under this section shall have the same status as a claim before the Inspector under Section D.
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