How can a property owner in Israel challenge a betterment levy (heitel hashbacha) assessment?
The betterment levy is charged by the local planning and building committee when a planning decision raises the value of land, and it falls due on realisation, usually a sale or the issue of a building permit. The committee sets the figure using its own appraiser’s opinion, and the owner is entitled to receive that opinion in full. Section 14 of the Third Schedule then splits the challenge in two. A pure valuation dispute goes to a deciding appraiser drawn from a list maintained by the head of the Appraisers Council, whose determination binds both sides subject to a narrow appeal. A dispute over whether the levy is owed at all goes to the appeals committee, which is chaired by a lawyer qualified to sit as a magistrate.
Non-resident owners usually discover the levy at the worst possible moment, once the sale is signed and the buyer is waiting for a clearance certificate before registration. The 45-day clock runs from delivery of the demand to the registered address on file, which for an absentee owner may be an address they stopped using years ago. Deciding appraiser proceedings frequently reduce the assessment, because municipal appraisals are produced in volume and rarely reflect the specific unit. Check for an exemption before paying anything, since TAMA 38 and urban renewal projects carry statutory reliefs that municipal demands sometimes overlook.
- Governing law: Section 14, Third Schedule to the Planning and Building Law 5725-1965
- Competent authority: local planning and building committee (Va’ada Mekomit LeTichnun U’Bniya); appeals to the Betterment Levy Appeals Committee (Va’adat Erer LePitzuyim VeHeitel Hashbacha)
- Deadline: 45 days from delivery of the levy demand
- Rate: 50 percent of the increase in land value attributable to the planning decision
- Deciding appraiser fee: shared equally between the owner and the committee, commonly NIS 5,000 to 15,000 (2026)
- Completing a sale: a bank guarantee for the disputed amount releases the clearance certificate, so registration is not held up while the challenge runs
From the full guide: Building Permits in Israel: A Guide for Foreign Property Owners
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