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What is a Form 4 (tofes 4) occupancy permit when buying a new Israeli apartment?

Form 4 (tofes 4) is the occupancy permit issued by the local planning and building committee under the Planning and Building Law 5725-1965. It certifies that the completed building matches its permit and meets safety and infrastructure standards, and it is the document that allows the apartment to be lawfully connected to permanent water, electricity, and telephone services. A buyer should never take possession or pay the final installment until the developer has obtained Form 4.

Under Israeli planning law, a building permit authorizes construction, but a separate occupancy permit is required before anyone may move in. Form 4 is the practical milestone in that process. The developer's licensed engineer certifies that the building was completed according to the approved plans, fire safety and accessibility requirements are met, and the connections to municipal infrastructure are in place. Only then does the local committee authorize the utility companies to provide permanent service rather than a temporary construction-site supply. A related document, Form 5 (the completion certificate, teudat gmar), follows and confirms full compliance for the longer term, but Form 4 is the one that legally unlocks occupation.

For a foreign buyer purchasing off-plan from a developer, the timing of Form 4 should be written directly into the purchase agreement. Many contracts make the final payment and the handover of keys conditional on the developer presenting Form 4, which protects the buyer from being pressured to pay for an apartment that cannot legally be occupied. Taking possession of a unit that lacks Form 4 exposes the occupant to enforcement action and leaves the property on a temporary or no utility connection. Buyers managing the deal from abroad should have their Israeli lawyer confirm the permit was actually issued before authorizing the closing.

⚖ In Practice
  • Governing law: Planning and Building Law 5725-1965 and its regulations on occupancy permits
  • Competent authority: Local Committee for Planning and Building (HaVaada HaMekomit LeTichnun U'Bniya)
  • What it unlocks: permanent connection to water, electricity, and telephone services and lawful occupation of the unit
  • Contract protection: tie the final installment and key handover to the developer presenting Form 4
  • Next document: Form 5 completion certificate (teudat gmar) confirms full long-term compliance and supports registration

From the full guide: Buying Off-Plan Property in Israel

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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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