Objection of Tenants to NOP 38

In the Haifa District Court, an appeal was filed by five of seven apartment owners in a condominium, after they applied to the Haifa real estate supervisor to use its authority under section 5 of the Land Law (Strengthening Houses Against Earthquake) and to approve construction work in the framework of NOP 38) Strengthening the building, including the construction of an elevator, Mamad and renovations (in return for receiving rights to build additional residential units that will be transferred to the contractor), despite the objections of the neighbors.

The supervisor of the condominiums rejected the claim and, due to a decision, filed the appeal. In the appeal, the Appellants argued that the inspector's mistake, since their request for a building permit involves many costs, and if the supervisor does not approve the agreement, all their request will be lost, in clear contradiction to the purpose of TAMA 38.

The District Court rejected the appeal and ruled that in light of Section 2 of the Land Law (Strengthening Houses Against Earthquake), which opens with the words "a building permit was granted for the execution of work in the joint property," it should be interpreted only after a building permit has been issued According to National Outline Plan 38, and therefore it is not necessary to intervene in the decision of the inspector, since it is based on law.