In short
Is it legal to split an apartment?
Splitting an apartment requires a building permit from the local committee, and in a condominium sometimes the consent of other owners. Splitting without a permit may lead to a demolition order, fines and problems when selling or mortgaging.
Splitting an Apartment: When It Is Lawful
A split (pitzul) turns one housing unit into two or more, usually with a separate entrance, kitchen and bathroom in each unit. Under the Planning and Building Law, 5725-1965, this adds a housing unit, so it requires a building permit. When the plan that applies to the lot allows fewer units, a variance (hakala) or a plan amendment is also needed.
A split without a permit is work and use without a permit. The law allows the enforcement authorities to impose administrative fines, issue orders to stop the use and to demolish, and open criminal proceedings. Even when no one complains, the problem usually comes up when the property is sold or a mortgage is requested.
Single-Family Homes: The Splitting Variance Under Section 147B
Amendment 155 to the Planning and Building Law, from August 2024, added section 147B, the "variance for splitting apartments." Under this section, the local committee grants a variance for one additional housing unit for each existing ground-level unit, by splitting, by adding area or both, even where the plan provides that such a deviation is a substantial deviation (stiya nikeret). A ground-level unit for this purpose is a unit on a lot zoned for up to four units per dunam, with no other housing unit above or below it.
The main conditions: in a split without added area, the existing unit is at least 120 square meters. Each unit after the split is at least 45 square meters, with a kitchen, a bathroom and a separate entrance. Added area is capped at 45 square meters. The applicable plan took effect before August 7, 2017, and the lot is outside a metro influence zone. The local committee may set a cap on additional units in its area, and may refuse when public buildings, open spaces, infrastructure and parking cannot support the addition.
The additional unit is for rental or for housing a relative only, and it cannot be sold or transferred separately from the house. A note to that effect is registered before the permit is issued. The betterment levy (hetel hashbacha) on the splitting variance is 34% of the betterment, instead of half the betterment, and half of it is paid when the permit is issued. Added area and converting a basement or storage room into living space are charged under the regular rule. The deadline to challenge an assessment is covered in our guide Betterment Levy Assessment Received: You Have 45 Days to Act.
The section applies to applications filed by June 1, 2025, unless that date was extended, and a draft extension order was published in 2025. Before filing, check with the local committee whether this track is open to new applications, and if not, what other route exists to request the additional unit.
An Apartment in a Multi-Unit Building
Section 147B does not apply to an apartment with another apartment above or below it. In a condominium (bayit meshutaf), an additional apartment increases the number of housing units and the load on the common property, the parking and the building systems. A permit is therefore required, usually together with a variance or a plan, and the neighbors receive notice and may object.
A district appeals committee held that an apartment owner cannot file a plan alone to split his apartment, even when the split is entirely inside the apartment, because adding an apartment increases the density of the building. Under the Planning and Building Regulations, such a plan requires the consent of 60% of the apartment owners. Registering two separate apartments in the condominium register also requires amending the condominium registration.
Buying a Split Property: What to Check
Split houses and apartments are often sold with the promise of rental income. Before signing, check the building file at the local committee to see whether there is a permit for two units, and if not, what the status is: a pending application, an approved variance or a violation. Also check the land registry extract and the bylaws, notes registered on the property, orders and fines, and how the local authority charges the units for municipal property tax (arnona).
A split without a permit can delay a mortgage, and the buyer may inherit the enforcement and the cost of legalizing the split or restoring the property. When there is a violation, the contract should say so expressly and state who is responsible and what happens if enforcement begins. The seller should also disclose the situation, to avoid a claim after the sale.
What the service includes
- Reviewing the applicable plan and whether a split is possible
- Permit and variance applications, including under section 147B
- Reviewing the betterment levy assessment and appealing it
- Objections to a neighbor's splitting application
- Reviewing a split property before purchase and drafting the contract
- Legalizing an existing split with the local committee
When to contact us
- You are considering splitting a house or apartment and renting out a unit
- You received a betterment levy assessment for a split
- A neighbor is applying to split and you want to object
- You are buying or selling a split property
What to bring to the meeting
- A land registry extract, and in a condominium the bylaws
- The building permit and plans from the building file
- A drawing or survey of the existing layout
- Letters from the local committee, assessments and fines, if any
Splitting an Apartment throughout Israel
The firm represents clients from all over Israel: Jerusalem and the Shfela, Be'er Sheva, Ashdod and Ashkelon, Haifa and the North, the Sharon and Gush Dan. Meetings take place at our two Modiin branches, at the WE Towers branch in Tel Aviv or by video call, and documents can be sent in advance on WhatsApp. We represent clients in the courts, the Labor Courts and before planning committees throughout Israel. How we work with clients across Israel.
Frequently asked questions
Can I split a private house into two units?
Yes, with a permit. Section 147B of the Planning and Building Law allows a variance for an additional unit in a ground-level home. In a split without added area the house must be at least 120 square meters, and each unit at least 45 square meters with a kitchen, a bathroom and a separate entrance. The section applies to applications filed by a date it sets, so check with the local committee whether it is open to new applications.
Can I split an apartment in a multi-unit building?
Not under section 147B, which applies only when there is no apartment above or below. In a condominium you need a permit, usually together with a variance or a plan, and the neighbors may object. A district appeals committee held that a plan to add an apartment in a building requires the consent of 60% of the apartment owners, even when the split is inside the apartment.
Can the split unit be sold separately?
No, when the split was approved under section 147B. The additional unit is for rental or for housing a relative only, it cannot be transferred separately from the house, and a note to that effect is registered before the permit is issued.
How much betterment levy is due on splitting an apartment?
Under a section 147B variance, the levy on the split is 34% of the betterment, and half of it is paid when the permit is issued. Added area and a change of use of a basement or storage room are charged under the regular rule, half the betterment. The amount is set in an assessment, which can be appealed.
What is the risk of splitting without a permit?
It is work and use without a permit. The law allows administrative fines, orders to stop the use and to demolish, and criminal proceedings, and the problem often comes up when the property is sold or a mortgage is requested. Sometimes the split can be legalized after the fact through a permit application.
