Haifa Court Orders Removal of Unauthorized Balconies

An Israeli District Court in Haifa has upheld an order for a family to demolish two unauthorized balconies and awnings they constructed on their apartment building. The court rejected the homeowners' appeal, siding with 12 other apartment owners who had not consented to the additions. The case, reported by the legal website Psakdin, involved a 32-unit apartment building where the family built the balconies by creating openings in external walls without seeking neighbor or building permits.

Although a local authority commission later approved a permit for one balcony, the family proceeded to build two, one on the facade and another on the side. Neighbors, represented by attorney Yechiel Harlap, filed a complaint with the Haifa property registrar demanding the structures be removed. The family completed the construction while the dispute was ongoing.

The property registrar ordered the demolition of both balconies and awnings and the restoration of the building's exterior. The homeowners, represented by attorney Eli Kedmi, appealed this decision, arguing that the presence of other balconies in the building meant their construction was discriminatory and violated the principle of equality. They also cited a permit issued to previous owners, but this permit was for a different balcony on the rear of the building, which they had demolished before constructing the new ones.

Neighbors countered that their consent for the new balconies was never sought, and the existence of other balconies did not legitimize their construction. The District Court judges agreed with the registrar, stating that building the balconies required the explicit consent of 75% of the building's 32 residents, meaning 24 apartments. They dismissed the argument that other balconies constituted similar extensions, noting that no proof of their legal construction or majority consent was provided.

The court ruled that even if the nine other balconies cited by the appellants were considered consent, the homeowners still needed approval from an additional 15 apartments, which they failed to obtain. The old permit was also deemed irrelevant due to the new balconies' different size and location. The appeal was dismissed, and the homeowners were ordered to pay 15,000 shekels in legal costs to their neighbors. The court granted a 90-day stay of the demolition order, allowing the family time to seek consent from residents for at least one of the balconies.