Real Estate

Can I convert a residential apartment in Israel into an office or clinic?

Only with permission, and three separate approvals are involved. A change of use is a permit-requiring act under Section 145(a) of the Planning and Building Law 5725-1965, so the local planning committee must approve it and the zoning plan must allow the new use. Most professional practices then need a business licence under the Licensing of Businesses Law 5728-1968. If the building is a registered condominium, the other owners can object through the Condominium Supervisor.

Israeli planning law fixes a permitted use for every building, and the permitted use is set by the local outline plan rather than by the owner. Section 145(a) lists changing a building's use as a work that requires a permit from the local planning and building committee, on the same footing as physical construction. Where the plan zones the property strictly for residence, the committee cannot simply grant a permit. The owner must first apply for a relaxation, known as a hakala, or for an exceptional-use approval, which is published for public objection and gives neighbours a formal window to oppose. Committees in central Tel Aviv, Jerusalem and Haifa treat quiet professional uses such as a psychologist's practice or an architect's studio far more sympathetically than uses that draw foot traffic or deliveries.

Two costs surprise foreign owners. First, a change of use that raises the property's value triggers a betterment levy under the Third Schedule to the Planning and Building Law, at half the increase in value as assessed by the municipal appraiser. Second, commercial arnona is charged at multiples of the residential rate for the same floor area, and the municipality can back-date it to the day the new use began. A separate hurdle sits in the building's takanon, its condominium bylaws, which frequently restrict units to residential use. Where the bylaws are silent, a neighbour can still petition the Condominium Supervisor on the ground that the new use disturbs the other owners. Owners planning this should read the guide to Israeli building permits before committing to a lease with a commercial tenant.

⚖ In Practice
  • Governing law: Section 145(a), Planning and Building Law 5725-1965; Licensing of Businesses Law 5728-1968; condominium provisions of the Land Law 5729-1969
  • Competent authority: Local Planning and Building Committee (Va'adah Mekomit LeTichnun U'Bniya) and the municipal business licensing department
  • Betterment levy: 50% of the increase in property value caused by the change of use, under the Third Schedule to the Planning and Building Law
  • Timeline: roughly 6–18 months where a relaxation must be published for objections; shorter where the zoning already permits mixed use
  • Arnona: commercial classification typically costs several times the residential rate per square metre and can be applied retroactively
  • Neighbour objections: the Condominium Supervisor (Mefake'ach al Rishum Mekarke'in) hears complaints from other owners in a registered condominium

From the full guide: Building Permits in Israel: A Guide for Foreign Property Owners


Related Questions

Related Guides

Need legal help with this topic?
Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

← Browse all Q&A