Tel Aviv Court Bars Residential Use of Basement Despite Above-Ground Features

The Tel Aviv District Court recently rejected a petition from a property owner seeking permanent residential use approval for a basement unit located above ground level in central Tel Aviv. Although the basement's external walls and most of its structure are above ground, the court ruled that the property remains subject to the city's basement zoning plan, which prohibits residential use in such spaces if they were originally designated as basements in the building permit.

The property, owned by Yerum Or Properties and located at 100 Ben Yehuda Street, includes three floors: ground, intermediate, and basement. The original 1957 building permit classified the lowest floor as a basement, a definition that has since evolved. Despite the basement's physical characteristics, being well-lit and having a ceiling height of 2.8 meters, the court held that the 1985 and 2010 Tel Aviv basement plans apply to any space labeled as a basement in the original permit, regardless of current physical attributes.

Yerum Or Properties argued that the classification was outdated and bureaucratic, describing the case as a "Kafkaesque story" ignoring the unit's actual conditions and history. The company noted that the basement was permitted for office use in 1957 and that the surrounding ground level was excavated later, making the space suitable for living. They also requested that, even if considered a basement, residential use should be allowed. However, the court emphasized the need to uphold the zoning plan to regulate basement usage and prevent excessive building density and impact on future construction rights.

The local planning committee had previously denied the request for permanent residential use, and although it had granted temporary permits in the past, the court ruled that such prior approvals do not override the current zoning regulations. The company was ordered to pay 22,500 shekels in legal fees to the planning authorities. The ruling clarifies that any property originally defined as a basement in its permit remains subject to the basement plan restrictions, even if it no longer meets the physical criteria of a basement under current definitions.