Real estate10/12/2026

Court Upholds Order to Demolish Balconies Built Without Neighbors’ Consent

The Haifa District Court dismissed an appeal by five apartment owners who built balconies in a condominium without obtaining the neighbors’ prior consent. The court upheld the demolition order but stayed its enforcement for 90 days to allow the owners to try to obtain the required majority.

Key facts

•Case No. 30917-07-25
•Haifa District Court
•A 32-apartment building in Haifa
•Required majority — 24 out of 32 apartment owners
•Legal costs — 15,000 shekels
•Stay of enforcement — 90 days

How the Dispute Arose

The case concerns a 32-apartment building in Haifa. Five apartment owners opened apertures in the exterior walls and began building balconies on the façade without a building permit and without the neighbors’ consent. Following objections from other residents, the work was halted, and the Local Planning and Building Committee subsequently approved the application to construct the balconies.

The Balconies Were Completed During the Proceedings

One month after the committee’s decision, the neighbors applied to the Supervisor of Land Registration, Yael Leibovitz, and demanded the removal of what had been built. Although the proceeding had already begun, the owners completed the construction. The supervisor ordered the balconies demolished and the building’s walls restored to their previous condition, following which the respondents filed an appeal.

Why the Court Dismissed the Appeal

Judges Israela Krai-Giron, Adi Chen-Barak and Yoav Friedman noted that under the Land Law, the expansion of an apartment and construction of a balcony require the affirmative consent of 75% of the apartment owners. In this building, that means 24 owners out of 32, but the appellants did not present a single written consent, while their opponents presented a document recording the objections of 12 residents. The court emphasized that the existence of the required majority must be actively proven.

Why the Other Balconies Did Not Help

The appellants relied on balconies previously built by other residents and argued that they constituted similar expansions. The court held that a general reference was insufficient: it was necessary to prove precisely what work had been carried out, whether a building permit had been granted, and whether the consent of 75% of the apartment owners had been obtained. Unlawful work previously carried out by neighbors does not provide a basis for recognizing the new construction as permissible.

Demolition, Stay of Enforcement and Costs

The District Court upheld the requirement to demolish the balconies and restore the walls to their previous condition. The appellants were ordered to pay legal costs of 15,000 shekels. Enforcement of the judgment was stayed for 90 days to allow them to obtain the apartment owners’ support as required.

What this means for you

Approval by the planning and building authorities does not in itself replace the consent of apartment owners in a condominium. Anyone seeking to expand an apartment at the expense of the common property must have proven consent from 75% of the owners: referring to similar balconies built by neighbors is insufficient, especially if they were built unlawfully. Even work that has already been completed at significant cost may be subject to demolition.

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Case analysis based on court rulings