Neighbours in a condominium opposed a permit application for the renovation and expansion of their neighbour’s apartment for the purpose of constructing a residential secure space (Mamad), despite the consent of the rest of the residents, because the planned construction would cause proprietary and structural damage to their apartment. The expansion and the construction of the Mamad are expected to almost completely block three windows, harming the light and ventilation in the apartment, and lead to the demolition of an existing bedroom at a cost of hundreds of thousands of shekels.
The Supervisor of Land Registration dismissed the claim due to the lack of feasibility for a building permit and because the majority's consent is not absolute and does not legitimize an infringement on the minority's property rights. The Israeli Land Law stipulates that apartment owners are entitled to expand their apartment or build a Mamad with the consent of a special majority of the residents, but conditions the construction on the feasibility of obtaining a lawful building permit and grants the Supervisor the authority to cancel the decision if it causes material harm to a neighbour. The law prohibits making changes and repairs that harm another apartment without its owner's consent and states that the presumption of mutual consent stemming from prior construction in the building cannot legitimize or justify severe and unreasonable harm to the neighbour’s rights. In our case, the neighbours did not meet the mandatory planning condition in the Land Law since the local committee refused to issue them a building permit. In addition, the construction of the Mamad constitutes a material and disproportionate harm to their neighbours due to the blocking of their windows and structural damage to the rooms of the apartment. Hence, the majority principle and the presumption of consent retreat before the protection of the minority's constitutional property right, and the claim was dismissed in its entirety.