Your terrace was illegally closed. Still not sure?

Many homeowners wishing to increase the living space of their apartment do not hesitate to enclose balconies with glass doors. This common practice in Israel, which affects the facades of buildings, has often been tolerated even though it is illegal. Yet, the risk of sanction is not so clear-cut.

In a recent ruling (11164-09-23), the Tel Aviv Court of Appeal overturned a lower court decision ordering a co-owner to demolish the illegal enclosure of his balcony.

The facts were as follows: An apartment owner decided to incorporate his balcony into the usable area of his apartment, without obtaining the agreement of the condominium and without obtaining a building permit. In practice, this situation exists in many old buildings in Tel Aviv.

The municipality initiated proceedings against him for the destruction of this extension. The co-owner in question was convicted in the first instance to a fine of 7,500 shekels as well as to the demolition of his construction. He then appealed the judgment.

In the context of this appeal procedure, he argued that the municipality was exercising its coercive powers randomly and discriminatorily, creating inequality before the law. Indeed, the accused pointed out more than forty similar cases in the immediate vicinity, for which the municipality had not initiated any proceedings against the offenders. The Court of Appeal accepted his argument and considered that he could not be convicted if the municipality ignored or did nothing about identical cases that had been ongoing for years. The injustice being glaring, the judge rejected the municipality's arguments invoking a lack of personnel or the absence of complaints from neighbors. Through this ruling, the Court reaffirms the principle of equality before the law.

Therefore, it is no longer certain that these frequent and unsightly illegal extensions in Tel Aviv will disappear in the coming years.