Translation Notice — This is an English translation of a Hebrew law and may contain inaccuracies. In any dispute or legal matter, the original Hebrew text as published in Reshumot (ספר החוקים) is the sole authoritative and legally binding version.

Law

Land Law, 5729-1969

חוק המקרקעין

Section E: Fees

Authority of the Minister of Justice

149.

[Amendment: 5783]

(a)The Minister of Justice may prescribe by Regulations fees with respect to this Law, and may also prescribe who shall be liable to pay the fee.

(b)The Minister of Justice may, with the approval of the Interior and Environmental Protection Committee of the Knesset, prescribe by Regulations the conditions under which categories of persons or categories of transactions shall be exempt from, or shall benefit from discounts on, the payment of a fee, or under which the payment of a fee shall be deferred.

(c)The rate of the discount or the duration of the deferral in the areas prescribed by Regulations shall be determined by the Minister of Justice or by a person authorized by the Minister for that purpose.

(d)A fee the payment of which has been deferred shall constitute a charge on the Real Property concerned, and the Registrar shall register the charge.

Fee Rates According to Value

150.

(a)The Minister of Justice may prescribe a fee as a fixed sum or as fee rates according to the value of the Real Property or the transaction.

(b)Where a fee has been prescribed according to the value of the Real Property or the transaction, the Minister of Justice shall prescribe by Regulations who shall carry out the assessment, and the provisions of Sections 121 and 122 shall apply to a decision on the assessment, with the necessary modifications.

Payment of Fee as Condition for Registration

151.

Notwithstanding the provisions of this Law, no registration act shall be performed unless the fee prescribed for that act has first been paid, unless the person liable for the fee is exempt therefrom, has received a discount thereon, or the payment of the fee has been deferred in accordance with the Regulations.

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Chapter X: Miscellaneous

Section A: Abolition of Categories of Land

Abolition of Classification

152.

Any classification of Real Property into different categories that existed on the eve of the commencement of this Law by virtue of Ottoman legislation — is hereby abolished.

Real Property of the "Miri" Category

153.

Real Property that, on the eve of the commencement of this Law, belonged to the "Miri" category shall be held in full ownership in accordance with the provisions of this Law.

Real Property of the "Matruka" Category

154.

(a)Real Property that, on the eve of the commencement of this Law, belonged to the "Matruka" category shall be registered in the name of the State; however, if the Real Property was situated within the area of a local authority and, on the eve of the commencement of this Law, consisted of roads or open spaces, excluding seashores, that served primarily the residents of that local authority, it shall be registered in the name of the local authority.

(b)Real Property that was registered in the name of a local authority in accordance with subsection (a) and whose use was thereafter changed to a use that would not have justified its registration in the name of the local authority shall pass to the ownership of the State.

Real Property of the "Mawat" Category

155.

Real Property that, on the eve of the commencement of this Law, belonged to the "Mawat" category shall be registered in the name of the State; however, if a person received a title deed for such Real Property pursuant to Section 103 of the Ottoman Land Code of the year 1274 of the Hijra, or pursuant to the Land Transfer Ordinance, such person, or his successor in title, is entitled to have the Real Property registered in his name.

Preservation of Rights

156.

Nothing in the provisions of Sections 153, 154 or 155 shall derogate from rights that existed on the eve of the commencement of this Law in the Real Property referred to therein.

Fixtures Registered Separately from the Land

157.

[Amendment: 1975]

(a)Buildings or plantings (hereinafter — fixtures) that, on the eve of the commencement of this Law, were registered separately from the land in the name of one person shall be registered in his name as a single unit, and the separate registration shall be cancelled.

(b)[(Repealed).]

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Section A: Note

Limitation on Duration of Attachment and its Deletion

157a.

[Amendment: 1992]

(a)If ten years have passed from the day an attachment was registered, the Registrar may delete it, unless an order extending its validity has been submitted for registration.

(b)If the Registrar has decided to delete an attachment upon the expiry of the period referred to in sub-section (a), the Registrar shall send a notice, at least forty-five days before the deletion, to the person in whose favor the attachment was registered, insofar as their address is known, or shall publish a notice to that effect in two daily newspapers.

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Section B: Repeal of Laws and Transitional Provisions

Repeals

158.

The following are repealed –

(1)The Ottoman Land Code of 1274 A.H. and all other Ottoman legislation concerning Real Property;

(2)Sections 882–886, 905–909, 950–956, 1008–1044, 1051–1052, 1192–1233, 1241–1246, 1270–1291, 1328, 1644–1646, 1673 and 1675 of the Mejelle;

(3)[The text was incorporated into the Ottoman Temporary Magistrates' Courts Law of 1331 A.H.;]

(4)The Land Transfer Ordinance;

(5)The Mortgages (Amendment) Ordinance;

(6)The Mawat Land Ordinance, 1920;

(7)The Land (Mewat) Ordinance;

(8)The Land Courts Ordinance;

(9)The Land Registry (Amendment) Ordinance, 1926;

(10)[The text was incorporated into the Land (Settlement of Title) Ordinance;]

(11)The Land Law (Amendment) Ordinance;

(12)The Land Registers Ordinance, 1944;

(13)The Land Law Amendment (Conversion of "Matruka") Law, 5720–1960;

(14)The Apartment Ownership Law, 5721–1961 [Consolidated Version].

Non-Application of Certain Provisions

159.

(a)The Tenth Book of the Mejelle shall not apply to Real Property.

(b)The Limitation Law, 5718–1958, shall not apply to claims for the enforcement of a right in registered Real Property; however, nothing herein shall prevent a plea of limitation which a person was entitled to raise prior to the commencement of this Law.

Independence of the Law

160.

In matters of Real Property, Article 46 of the Palestine Order in Council, 1922–1947, shall not apply.

Abolition of Equitable Rights

161.

From the commencement of this Law, no right in Real Property shall exist except under law.

Preservation of Laws

162.

Notwithstanding the provisions of Sections 152 and 158 to 161, nothing in the provisions of this Law shall operate to repeal or alter –

(1)the special law that existed on the eve of its commencement with respect to Real Property of the Waqf Mukhallasa type and to endowments;

(2)the law that existed on the eve of its commencement with respect to limitation in unregistered Real Property.

Application

163.

The provisions of this Law shall apply where no other law contains special provisions regarding the matter in question.

164.

[The text was incorporated into the Interpretation Ordinance.]

165.

[The text was incorporated into the Torts Ordinance [New Version].]

Transitional Provisions

166.

(a)A transaction in Real Property, and an undertaking to effect such a transaction, made prior to the commencement of this Law, as well as a right in Real Property that was vested on the eve of its commencement and which this Law does not recognize, shall continue to be governed by the prior law.

(b)A right in Real Property that is dealt with under this Law shall be governed by this Law even if it was created prior to its commencement.

Continuity of Appointments, Registrations, Etc.

167.

(a)A person who, on the eve of the commencement of this Law, held the office of Superintendent of the Registry, Inspector, or Registrar, shall be deemed to have been appointed under this Law.

(b)Registration offices that were established, their areas of operation that were determined, and registers that were maintained therein in accordance with law prior to the commencement of this Law, shall be deemed to have been established, determined, and maintained under this Law.

(c)Registrations lawfully made in the registers prior to the commencement of this Law shall be deemed to have been made under this Law.

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Section C: Application of the Law

Implementation and Regulations

168.

[Amendment: 1979]

The Minister of Justice is responsible for the implementation of this Law and may enact Regulations with respect to anything relating to its implementation, including —

(1)the registers to be maintained, the procedures for their maintenance, and the procedures and particulars of entries therein;

(2)the procedures for inspection of the registers and for obtaining copies thereof;

(3)the rules of procedure for hearings and appeals under this Law;

(4)the procedures relating to the registration of jointly-owned houses, the amendment of registration, and the cancellation of registration;

(5)the procedures relating to first registration and renewal of registration;

(5a)the procedures relating to the amendment of the registration of the area or boundaries of unregulated Real Property;

(6)the procedures relating to the registration of consolidation and subdivision of parcels, including the re-registration of rights in parcels that were registered on the eve of the consolidation or subdivision;

(7)the powers of Registrars, inspectors, and the Superintendent of the Registry.

Commencement

169.

This Law shall come into force on the 23rd day of Tevet 5730 (1 January 1970).

Application of {{ח:פנימי

170.

The Minister of Justice shall apply, gradually, by Orders, the provisions of Chapter VI1 to the regions of the State.

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Schedule (Section 64): Standard By-laws for Apartment Owners in a Condominium

Definitions

In these Articles —

"apartment owner" — with respect to an apartment leased for a period exceeding twenty-five years — the lessee or sub-lessee, as the case may be, unless the lease agreement provides that for the purposes of the Articles they shall not be regarded as apartment owners;

"common property" — all parts of the condominium other than the parts registered as apartments, including the land, roofs, external walls, foundation, stairwells, elevators, shelters, and also heating or water installations and the like intended to serve all or most of the apartment owners, even if situated within the bounds of a specific apartment.

Alterations and Repairs in an Apartment

[Amendment: 1984]

(a)An apartment owner is not entitled to make alterations or repairs in their apartment that damage the common property, or endanger or are likely to endanger its existence, or alter or are likely to alter its value, unless they have first obtained the consent of the general meeting of apartment owners. For this purpose, "damage to the common property" includes damage to its proper and uniform external appearance as it was at the time of completion of construction.

(b)An apartment owner is not entitled to make alterations or repairs in their apartment that damage another apartment, or endanger or are likely to endanger its existence, or alter or are likely to alter its value, unless they have first obtained the consent of the owner of the other apartment.

(c)Any other alteration or repair an apartment owner is entitled to make in their apartment on their own initiative.

Right to Demand Repairs

[Amendment: 1977]

(a)An apartment owner is entitled to demand from the management committee that it carry out any repair in the building or in the common property, the non-performance of which is likely to damage their apartment or its value.

(b)An apartment owner is entitled to demand from the owner of another apartment that they carry out a repair in that other apartment, the non-performance of which is likely to damage the apartment of the party demanding the repair.

Works for Maintenance of Property

(a)An apartment owner is obliged to permit the carrying out in their apartment of works necessary for the proper maintenance of the common property, and for this purpose the members of the management committee and persons acting on its behalf are entitled to enter their apartment and carry out such works therein.

(b)If the said works caused damage to the apartment, all apartment owners are obligated to share in the costs of restoring the situation to its former state, in the proportion in which they share in the costs of maintaining the common property.

Ordinary General Meeting

(a)The apartment owners shall hold an annual general meeting for the purpose of determining the manner of management and use of the common property, determining the expenses involved therein, appointing a management committee, approving accounts, and arranging other matters arising from co-habitation in the condominium.

(b)The management committee shall set the date of the general meeting and convene it; the first meeting shall be held within three months of the date of registration of the building in the register of condominiums; thereafter the meeting shall be held no later than fifteen months from the date of the previous meeting.

Extraordinary General Meeting

(a)In addition to the general meetings pursuant to Section 5, the management committee is entitled to convene a general meeting whenever it sees fit, and it is obligated to convene one if the owners of at least one-third of the apartments have demanded it.

(b)If the management committee has not convened a meeting within fourteen days from the day on which a demand as referred to in subsection (a) was submitted to it, the apartment owners who demanded it are entitled to convene the meeting themselves.

Convening a Meeting

(a)Notice of the time and place of a general meeting shall be given to all apartment owners at least four days before the date.

(b)A notice posted in a conspicuous place on or inside the condominium shall be deemed to have been given to every apartment owner one day after it was posted.

Quorum at a Meeting

(a)A general meeting shall be deemed lawful if notice of its convening was given as provided in Section 7 and the owners of at least half of the apartments participated in it, either in person or by proxy.

(b)The notice convening the general meeting may provide that if a lawful quorum is not present at the time set for the opening of the meeting, the meeting shall be held at a later time on the same day; if so provided, the meeting that convened at the later time shall be lawful regardless of the number of participants.

Agenda of a Meeting

(a)The notice of the date of a general meeting shall specify its agenda.

(b)An apartment owner is entitled to add a matter to the agenda of the meeting, provided that notice thereof is given to all other apartment owners at least two days before the date of the meeting in the manner in which notice of the date of a general meeting is given.

(c)A general meeting shall not deliberate on a matter not included in its agenda, unless all apartment owners have agreed that the matter be brought before it for deliberation.

Chairperson and Secretary of the Meeting

10.

A general meeting shall elect a chairperson and a secretary of the meeting.

Adjournment of the Meeting

11.

The chairperson of the general meeting is entitled, with the consent of the meeting, to adjourn its continuation to a date that seems fit to them, and they are obligated to adjourn it if a majority of those present at the meeting have demanded it.

Resolutions

12.

(a)Resolutions of the general meeting shall be adopted by a majority of votes.

(b)A resolution that imposes on an apartment owner obligations or payments of a type or rate not specified in Chapter VI of the Real Property Law, 5729–1969, or in these Articles, or that alters their rights, shall not be binding on that apartment owner unless they have consented to it.

Voting

13.

(a)Voting at the general meeting shall be by show of hands, but upon the demand of at least one-quarter of the apartment owners present, voting shall be by ballot.

(b)In a vote, the owner of each apartment is entitled to one vote.

(c)If the votes are equal, the chairperson of the meeting shall have the casting vote.

Proxies

14.

(a)Every apartment owner is entitled to participate in a general meeting and to vote thereat in person or by proxy.

(b)A proxy appointed to represent an apartment owner at a general meeting shall present to the management committee, shortly before the opening of the meeting, a letter of appointment signed by the apartment owner who appointed them.

(c)An apartment owner that is a corporation shall participate in the meeting and vote by a proxy appointed in accordance with its articles; a certificate signed by the manager or secretary of the corporation, confirming that the proxy was appointed in accordance with its articles, shall serve as conclusive evidence thereof.

(d)If an apartment has more than one owner, the owners shall appoint one of themselves, or another person, as their proxy at the general meeting; a proxy appointed as aforesaid shall present to the management committee, shortly before the opening of the meeting, a letter of appointment signed by all owners of the apartment.

The Management Committee

15.

(a)The ordinary general meeting shall elect a management committee of one or more members, but not more than five members; in a management committee of more than one, one of its members shall be elected as treasurer.

(b)An extraordinary general meeting is entitled to replace the management committee, change its composition, or complete it if its number of members has fallen for any reason; if the number of members of the management committee has been fixed and its membership has for any reason fallen below that number, the remaining members of the management committee shall, within ten days, convene an extraordinary general meeting for the purpose of completing the composition of the management committee.

(c)The term of office of the management committee, including members elected pursuant to subsection (b), shall be until the election of a new management committee at the next ordinary general meeting.

(d)Resolutions of the management committee shall be adopted by a majority of votes; if the votes on a particular proposal are equal, the proposal shall be deemed to have been rejected.

Accounts

16.

[Amendment: 1992]

(a)The treasurer shall obtain a receipt for every expense, issue a receipt for every income, and maintain an income and expenditure ledger; the treasurer shall submit the ledger for approval at the ordinary general meeting, and shall bring with them the receipts and vouchers received, copies of the receipts issued, and the documents related thereto.

(b)The treasurer shall prepare a financial report once every six months; the report shall also include details of the investments of accumulated income.

(c)An apartment owner is entitled at any reasonable time to inspect the income and expenditure ledger, the receipts, vouchers, and documents related thereto, and the financial report.

(d)The treasurer shall deposit the income in a bank account in the name of the condominium.

(e)The financial year of the condominium shall begin on 1 January and end on 31 December of the same year; the first financial year shall begin on the day of registration of the building in the register of condominiums and end on the first 31 December following the date of registration.

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