How to Obtain a Building Permit in Israel
The process of obtaining a building permit under the Israeli Planning and Construction Law is complex and requires professional expertise, a thorough understanding of the relevant legislation and municipal policies, and familiarity with the online permit application system. By law, building permit applications must be prepared and submitted by qualified professionals — typically licensed architects or engineers — who are formally designated as the applicants of record.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
When Is a Building Permit Required?
Under Section 145 of the Planning and Construction Law, 5725-1965, a building permit must be obtained before undertaking any of the following activities: constructing a new building, demolishing an existing structure, reconstructing a building, modifying exterior walls or outdoor areas belonging to the property, altering the interior of an apartment in a manner that affects the building’s structural framework or common property, or deviating from an approved city building plan, among other regulated actions.
A building permit is essentially a construction license issued by the licensing authority or the local planning and construction committee in whose jurisdiction the property is located. Each permit is limited in both duration and scope to the specific work described in the application. Building permits are valid for a period of three years, after which they must be renewed. While it is possible to apply for a permit independently, it is strongly recommended to engage a qualified professional to prepare and submit the construction plans, and to consult with a planning and construction attorney before approaching the local committee.
Steps for Obtaining a Building Permit
The first step is to submit an information request to the local planning and construction committee, providing details about the property — including the block and parcel number, the identity of the rights holders, and the registered area of the property or land. Next, a construction plan must be prepared with the assistance of a qualified professional, and written consent must be obtained from all rights holders relevant to the application. The applicant then contacts the local authority and completes the formal building permit application along with all required supporting documentation.
At this stage, the applicant is required to pay 20 percent of a fee determined by the committee’s engineer, after which the application is brought before the local committee for deliberation. A decision is typically issued within 45 days for expedited-track applications and within 90 days for standard-track applications. If the committee approves the request, it issues the building permit in accordance with the application; if the request is denied, the applicant has the right to file an appeal; and in some cases, the committee may approve the permit subject to specific conditions.
Once the local planning and construction committee grants approval, the applicant must submit the required payments — including the betterment levy and local development fees — along with any additional requested documents. Upon completion of these requirements, the building permit becomes effective and construction work may begin.
Can You Object to Someone Else's Building Permit Application?
Under Regulation 37 of the Planning and Construction Regulations (Construction Licensing), 2016, a rights holder in the relevant land who has received notice of a permit application may submit a written objection within 15 days of receiving that notice. The committee’s engineer is required to provide a copy of the objection to the applicant for review.
In other words, the regulation permits the authority to consider objections submitted by rights holders who received notice of the application under Regulation 36. However, for many years, local committees also entertained objections from third parties who had no formal rights to the land but claimed to be adversely affected by the proposed construction.
In the landmark case of Appeal 1461/20 Antrim Investment (Israel) Ltd. v. The Jerusalem Local Planning and Construction Committee, the Supreme Court overturned this longstanding practice and narrowed the scope of standing to object. The Court held that an administrative authority may act only within the powers granted to it by law, and since the regulations clearly limit who may file an objection, the authority cannot expand that right at its own discretion. Accordingly, the committee is not authorized to consider objections submitted by private individuals without rights to the land, nor by public bodies or other “interested parties.”
What Are the Consequences of Building Without a Permit?
Anyone who undertakes construction without obtaining the required permit commits a building offense under Israeli law. The Planning and Construction Law classifies unauthorized construction as a criminal offense that can result in significant fines and even imprisonment. Beyond criminal liability, building violations can prevent the registration of property rights and delay real estate transactions. Banks will not approve a mortgage for areas constructed without a valid permit, and the local committee may impose administrative penalties — including fines and demolition orders — at its discretion. The statute of limitations for building offenses is five years, except in cases involving the continuous unauthorized use of a structure.
Why Work With a Planning and Construction Attorney?
Given the complexity of the building permit application process, engaging a lawyer who specializes in planning and construction law can significantly reduce the risk of errors and procedural delays that could jeopardize your application. It is advisable to consult with an attorney before making any modifications to a building or its surroundings, in order to determine whether a permit is required and to avoid inadvertently committing a building violation.
Even if an application is denied, the applicant has the right to appeal the decision. Available remedies include filing an appeal with the District Appeals Committee, petitioning the Court of Administrative Affairs, or contacting the legal department of the local authority. At this stage, the assistance of an experienced planning and construction lawyer is especially critical and can save the applicant considerable time and expense.
Conclusion
Given the critical importance of obtaining a proper building permit, we strongly recommend consulting with a legal professional who specializes in real estate, planning, and construction law before beginning any construction project.
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. For legal advice regarding building permits, contact us by phone at 02-595-3322, via WhatsApp at 050-441-1343, or through the online contact form below.
Section 145 of the Planning and Construction Law, 5725-1965
Section 145 — Permitted Work: (a) No person shall perform, or begin to perform, any of the following actions without first obtaining a permit from the local licensing authority, and all work must be carried out in accordance with the conditions of that permit: (1) the delineation, construction, or closure of a road; (2) the construction of a building, its demolition, or its reconstruction in whole or in part, including additions to an existing building and any repairs thereto — except for internal changes to the apartment itself. An “internal change” is defined as one that does not affect the exterior of the building, does not damage its facade or appearance, does not compromise the building’s structural framework or common property, does not harm other residents, and does not alter the apartment’s area except for the lawful enclosure of a balcony. The term “apartment” refers to a room or suite of rooms intended to serve as a single residential or commercial unit.