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What is a bayit meshutaf (registered condominium) in Israel and what does the takanon control?

A bayit meshutaf (registered condominium) is a building divided into separately owned apartments plus jointly owned common property, recorded in a special condominium file at the Land Registry (Tabu). Chapter 6 of the Land Law 5729-1969 governs it. Each owner holds their apartment plus an undivided share of the common property (rechush meshutaf) such as the lobby, stairs, roof and grounds. The building's bylaws, the takanon, set out owners' rights and duties over the common areas. Where owners register no bylaws, the statutory model takanon in the Land Law applies by default.

Most Israeli apartment buildings are registered as a bayit meshutaf, a legal form that splits the property into privately owned units and shared common property held by all owners in proportion to their apartments. The registration is recorded in a dedicated condominium register at the Land Registry, with a plan showing each unit and the common areas. The takanon is the constitution of the building. It governs use of the common property, the division of maintenance costs, the powers of the house committee and voting at general meetings. Owners may register their own takanon; absent that, the model bylaws in the Land Law's schedule apply. Our guide to the va'ad bayit house committee explains how this works day to day.

For a foreign buyer, checking the condominium registration matters because it defines exactly what you own beyond your four walls, including whether a parking space, storage room or roof section is attached to your unit or shared. Buildings not yet registered as a bayit meshutaf are often held by company shares or undivided plot shares, which can complicate mortgages and resale. A registered takanon binds every current and future owner, so a clause allocating the roof or restricting short-term rentals will apply to you. Disputes between owners over common property go to the Condominium Supervisor, a specialised adjudicator, rather than the ordinary courts. Review the takanon and condominium plan before signing.

⚖ In Practice
  • Governing law: Chapter 6, Land Law 5729-1969 (bayit meshutaf provisions)
  • Competent authority: Land Registry Condominium Section and the Condominium Supervisor (HaMefake'ach al Batim Meshutafim)
  • Default rules: the model takanon in the schedule to the Land Law applies unless owners register their own
  • Common property: lobby, stairwell, elevator, roof and grounds are shared unless expressly attached to a unit in the registration
  • Dispute route: owner disputes over common property and fees are heard by the Condominium Supervisor, not the ordinary courts
  • Before buying: obtain the condominium plan (tasrit) and the registered takanon in the Tabu extract

From the full guide: The Va'ad Bayit House Committee Explained

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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