Building Permit Relief (Hakalot) in Israel
In a modern society, there is a constant tension between individual freedom and the need for public order. We naturally seek the freedom to build, expand, and improve our properties as we see fit. At the same time, the reality of limited resources and shared public spaces requires a regulatory framework that balances individual ambitions with the collective good.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
To manage these competing interests, both individuals and society rely on planning. Nowhere is this more evident than in the field of planning and construction law, which governs how land may be used and developed.
How Does the Planning and Construction System Work?
Whether you wish to build a home, lease a commercial building, or develop agricultural land, every use of real property is subject to government regulation. Land is inherently a limited resource. No one wants a noisy marketplace next to their residential neighborhood, just as it would be impractical to plant fruit orchards in the middle of an industrial zone.
The field of planning and construction was established to enable the orderly use and development of land — allowing individuals to pursue their goals and live well, while ensuring the equitable distribution of resources and protecting the well-being of all citizens.
In Israel, the planning and construction system is the governmental framework responsible for supervising all construction and land use. It operates through a hierarchy of committees — a national planning committee, district planning committees, and local planning committees. These bodies are responsible for preparing municipal building plans (outline plans) that specify where construction is permitted or prohibited, what types of buildings may be erected in each zone, their maximum height, and the permitted size of each unit (apartment, shop, etc.).
Whenever an entrepreneur, contractor, or private individual plans to build, purchase, lease, or expand a home or business, they must comply with the requirements set by the local committee for that particular building or plot of land. For example, you cannot convert a private residence into a commercial shop if the master plan designates the building for residential use. Similarly, expanding your apartment into the building’s yard area requires an appropriate permit in accordance with the outline plan.
What Is a Building Permit Exemption (Relief)?
If the master plan for your residential building does not permit expansion, you are legally prohibited from building an addition or even constructing a pergola at your entrance. If you proceed without authorization, you risk criminal prosecution and a demolition order against the unauthorized structure.
Ordinarily, modifying the outline plan requires a formal application to the relevant committee — a lengthy and complex bureaucratic process that involves re-examining the area, evaluating the application, and assessing the broader urban planning context before reaching a decision. Faced with such a cumbersome procedure merely to add a small percentage of yard space to a home, many property owners either abandon the project entirely or proceed illegally and risk the consequences.
To address this problem, the Planning and Construction Law, 5725-1965 provides in several sections (including Section 147(a), and by reference Sections 63(7) and 57(9)) that the local committee has the authority to establish conditions for granting building permit relief (hakalot). Under these provisions, the local committee must approve minor deviations from the master plan through a streamlined process, provided the proposed changes do not constitute a significant departure from the original plan.
In essence, permit relief serves as a practical mechanism for property owners who wish to make small, non-disruptive changes to their homes — such as modestly expanding an apartment without affecting neighbors, or building a pergola. Requiring every such minor modification to undergo a full outline plan amendment would create an unreasonable burden. This is precisely why the relief procedure exists. A landmark Supreme Court ruling from the 1980s (HCJ 195/79 Yitzlaf Construction Co. v. Chairman of the District Committee for Planning and Construction, Tel Aviv) explained the purpose of relief as facilitating the building process without imposing lengthy plan-amendment procedures for minor changes.
The Court emphasized that the relief procedure was designed to make the construction process easier for property owners, sparing them from protracted bureaucratic proceedings when making modest adjustments. This principle applies equally to those who have not yet begun building and to those who have been constructing lawfully for years and simply wish to make incremental improvements to their properties.
Relief Is Limited by the "Significant Deviation" Standard
Because building permit relief is granted through a relatively quick and simple procedure, the law imposes an important limitation: relief may not result in a “significant deviation” from the master plan. As stated in Section 151(a) of the Planning and Construction Law:
“No relief or permit for extraordinary use shall be granted if it would constitute a substantial deviation from the plan applicable to the land or building.”
But what qualifies as a “significant deviation”? The Significant Deviation Regulations (2002) provide an orderly list of what constitutes a significant deviation from the plan. The underlying principle is to prevent changes that would fundamentally alter the character or scope of the approved construction. The regulations also specify which modifications are not considered deviations and should therefore be granted as part of the relief process.
For example, the regulations address changes such as minor increases in built-up area, adjustments to building setback lines, and modifications to the number of floors — each subject to specific thresholds. Changes that fall within these thresholds may be approved through the expedited relief procedure, while those that exceed the limits require a full plan amendment.
How to Apply for Building Permit Relief
To obtain permit relief, the applicant must publish the request at their own expense in newspapers that carry public notices and post a notice on the property itself explaining the nature of the request. This publication is intended to allow affected parties to submit objections. The notice must appear in the newspaper and be displayed prominently at the building or land in question. Additionally, personal notices must be sent to all parties who may be affected by the relief, as well as to all owners and rights holders of the relevant property.
Review by the Planning and Construction Committee
The local committee holds a hearing on the relief request. If objections have been submitted, the committee considers them and renders a decision on whether to approve or deny the application. If either the applicant or an objector is dissatisfied with the local committee’s decision, they may file an appeal with the district appeals committee.
Permits for extraordinary use are granted at the discretion of the local committee and are limited in duration. For example, the committee may grant a temporary permit allowing a kindergarten to operate in a residential neighborhood, or approving the use of a residential unit as a dental clinic.
Conclusion
Given the importance and complexity of the building permit relief procedure, it is highly advisable to engage experienced professionals in the field of planning and construction law to guide you through the process.
The Real Estate, Planning, and Construction Department at Adv. Mor & Co. brings extensive experience in both real estate transactions and planning and construction proceedings. Our attorneys are committed to providing professional, results-driven legal support designed to achieve the most efficient and favorable outcome for every client. To discuss your planning and construction matter, contact us by phone at 02-595-3322, via WhatsApp at 050-441-1343, or through the online contact form below.