Court ruling8/8/2026

Deceased Woman’s Family Awarded NIS 92,200 for Damage During Home Renovation

The Bat Yam Magistrate’s Court ordered a construction company to pay NIS 92,200 to the family of a deceased apartment owner. The compensation covers property damaged by dampness, rent that was not paid in full, and emotional distress caused by work that continued for years as part of a National Outline Plan 38 (TAMA 38) project.

Key facts

•Case: C.C. 16010-06-21
•Court: Bat Yam Magistrate’s Court
•Total compensation: NIS 92,200
•Property damage: NIS 33,200
•Rent not paid in full: NIS 9,000
•Emotional distress: NIS 50,000

Living on a Construction Site

In 2010, an apartment owner in Bat Yam signed an agreement to reinforce the building against earthquakes under National Outline Plan 38 (TAMA 38). The work began in 2018 and continued for several years, while the woman, who suffered from a severe lung disease and physical limitations, remained in the building, which had become an active construction site. The company later agreed to fund alternative housing for her at NIS 3,000 per month, but paid for only ten months.

How the Compensation Was Calculated

The court ruled that the estate must be paid an additional NIS 9,000 for three months’ rent. A further NIS 33,200 was awarded for electrical appliances and other property in the apartment that were damaged by dampness: an expert found rust, mold, and additional damage, and his opinion was not rebutted. The family was awarded NIS 50,000 for emotional distress, primarily in view of the suffering of the woman, who was seriously ill and was forced to live for a long time next to the construction site and subsequently move to another home.

Who Received the Right to Demand Payment

The company argued that the deceased woman’s children were not entitled to bring claims because they did not own the apartment. The court rejected this argument: after her death, the woman’s contractual rights passed to the son who inherited the apartment under her will. The claims of the other two sons, who received a rent-free right of residence for the duration of their lives, were recognized with respect to the emotional distress caused to them.

Completion of the Project

The woman died in 2021 without returning to the renovated apartment and without benefiting from the results of the project. Approximately one year later, an order probating the will was issued. The official permit to occupy the completed building—Form 4—was obtained for the project in 2024.

What this means for you

The judgment demonstrates that in prolonged construction work under National Outline Plan 38 (TAMA 38), compensation may include not only direct property damage but also expenses for temporary housing and emotional distress. After the death of a party to an agreement, contractual claims connected to that party may pass to the heirs, and the residential rights of other family members may be taken into account when assessing their personal suffering.

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