Court Orders Demolition of Illegal Construction Amid Ownership Dispute
Translated & summarized from Calcalist by baba
A Tel Aviv court has ordered the demolition of illegal construction in an apartment building, allowing a couple to proceed with their expansion plans. The ruling came despite an unresolved ownership dispute over the apartment containing the illegal structures, with the court holding multiple parties responsible for the demolition and compensating the plaintiffs for delays.
The story in 4 lines · by baba
- Court orders demolition of illegal construction to allow apartment expansion.
- Ownership of the affected apartment remains unresolved.
- Defendants ordered to pay compensation for project delays.
- Ruling emphasizes that building violations do not grant property rights.
A Tel Aviv couple, seeking to expand their apartment from two to five rooms, will finally be able to proceed with construction after a court ruling ordered the demolition of extensive illegal building work in their apartment and common areas. The couple received a building permit in February 2022, but their plans were stalled for years due to the neighboring illegal construction. The primary obstacle was a prolonged dispute over the ownership of the apartment where the illegal construction occurred.
For approximately three years, the couple attempting to build faced multiple parties claiming ownership. The property registry listed one couple as owners, but they claimed to have sold their rights in 1994 to another couple who registered a caution but never completed the title transfer. This second couple, residing in the U.S., asserted they were the sole owners and were unaware of the legal proceedings or any objections filed in their name until mid-2024. They identified the sister of the registered owner as the de facto controller of the apartment, who they claim objected to the permit and negotiated with them without their knowledge or consent.
During court proceedings, the registered owner initially claimed ownership but later admitted his sister had purchased the apartment on their behalf as they were abroad at the time, eventually conceding she was not the owner. His sister, however, stated she never objected to the construction itself, only seeking to know the start date of the work. The couple seeking to build testified that their attempts to reach agreements were met with escalating demands, leaving the illegal construction in place for years.
A court-appointed expert determined that demolishing the illegal construction was unavoidable to implement the building permit. The court ruled that an order to demolish illegal construction could not be enforced without also obligating those with a caution on the title and the actual occupant and manager. Consequently, all defendants were ordered to demolish the illegal construction and pay tens of thousands of shekels in compensation to the plaintiffs, who may pursue further claims for financial damages due to the project's extensive delays.
Lawyers for the plaintiffs stated that the joint and several demolition order against the owners and occupant, along with the reservation of rights for further damages, sends a clear message: "The uniqueness and weight of the ruling stem, among other things, from the firm determination that the seniority of building offenses does not grant proprietary rights and cannot block a neighbor seeking to implement a legal permit, especially one to build a life-saving safe room."
