In short
Must the developer approve changes to my new apartment?
No. The law does not require the developer to make every change, and what can be changed is set in the contract and the changes appendix. The specification must include credit prices for key items such as flooring, cabinets, sanitary ware and electrical fittings. Pay for changes to the seller itself and check that the payment is protected by a guarantee.
What the Developer Must Allow
A new apartment is sold under the sale contract and the specification (mifrat). The Sale (Apartments) Law, 5733-1973, requires the seller to attach a specification to the contract, in the form set by the Sale (Apartments) (Specification Form) Order, 5734-1974. The law does not require the developer to make every change the buyer requests. What can be changed, until which construction stage and at what price is set in the contract and the changes appendix, so read them before signing.
An amendment to the Order approved in 2015 provided that the specification must include credit prices for key items: flooring per square meter, kitchen cabinets, a bathroom cabinet and other cabinets, sanitary ware, and relocating or adding electrical fittings. The aim is for the buyer to know in advance what giving up an item is worth and what a change or addition will cost. The amendment applies to buildings whose construction had not yet reached the foundation stage when it took effect.
The credit amount in the specification is often lower than the market price of the item. Before giving up the kitchen or the sanitary ware in order to install your own, compare the credit with the real price and check what happens to the warranty on what is installed separately.
A Written Changes Agreement
Every change, however small, is recorded in a signed document: exactly what changes, under which plan, in which material and model, at what price and with what credit. An oral promise by a sales representative or a site manager is hard to prove. Marketing renderings are usually for illustration only, and what binds is the plan and the specification attached to the contract.
The agreement also sets until when changes may be requested and whether a change affects the delivery date. A developer that delivers late may argue that the buyer's changes caused the delay, so record the dates of the request and the approval, and agree in writing in advance whether the change postpones the date and by how much. This allows a correct calculation of compensation for late delivery.
For items installed as part of a change, state expressly who is responsible for defects in them, and what happens to the developer's warranty when the buyer brings in a contractor of his own.
How to Pay for Changes without Putting the Money at Risk
Under the Sale (Apartments) (Assurance of Investments of Persons Acquiring Apartments) Law, 5735-1974, a developer may not receive more than 7% of the apartment price from the buyer without securing the money, for example by a bank guarantee, an insurance policy or a cautionary note (he'arat azhara). Payments for changes and upgrades sometimes reach large amounts, so check that they are protected too.
In 2022 the Ministry of Construction and Housing warned that paying for buyer changes directly to the executing contractor, when it is an entity separate from the seller and the invoice is issued by it, may leave the money outside the Sale Law guarantees if the project stalls. The safe route is to pay the seller itself, get an invoice from it and make sure the amount is covered by a guarantee.
Changes That Need a Permit, and the Check at Handover
An internal change that does not touch the structure, such as moving a partition or adding electrical points, is usually possible with the developer's consent, as long as construction has not passed the stage at which it is done. A change that departs from the building permit, such as a change to the facade, enclosing a balcony or altering exterior walls, requires an amendment of the permit under the Planning and Building Law, 5725-1965, and developers usually do not approve it. Changes to the protected room (mamad) are subject to Home Front Command requirements.
At handover, check that the changes were made as agreed. A gap between what was agreed and what was delivered is recorded in the handover protocol, like any other nonconformity, and handled under the rules on construction defects in new apartments.
What the service includes
- Review of the sale contract, the specification and the changes appendix before signing
- Drafting a changes agreement: description, price, credit and timetable
- Checking that payment for the changes is protected by a guarantee
- Demand letter to a developer that did not make an agreed change or overcharged
- Assistance at handover and in demanding repair of nonconformities
When to contact us
- You received a changes appendix or price list and are unsure what binds
- You want to give up the kitchen or sanitary ware and receive a credit
- The developer asks you to pay for changes to another company
- The agreed changes were not made or were made differently
What to bring to the meeting
- The sale contract, the specification and the attached plans
- The changes appendix, the changes price list and the credit table
- Quotes, approvals and correspondence with the buyer changes department
- Receipts, invoices and the guarantees you received
Changes to a New 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
Must the developer approve changes to the apartment?
The law does not require the developer to make every change requested. What can be changed, until which stage and at what price is set in the contract and the changes appendix. What the specification does require is credit prices for key items, such as flooring, cabinets, sanitary ware and electrical fittings.
How much credit do I get for giving up the kitchen?
The credit amount is set in the specification the developer attaches to the contract. Under the amendment to the Sale (Apartments) (Specification Form) Order approved in 2015, the specification includes a credit price for the kitchen cabinets. The amount is often lower than the market price, so compare before giving it up.
Whom do I pay for buyer changes?
The seller itself, with an invoice from it, and check that the amount is covered by a guarantee under the Sale (Assurance of Investments) Law. Paying directly to an executing contractor that is separate from the seller may leave the money unprotected if the project stalls.
Can the changes I requested delay the delivery date?
That depends on what the changes agreement says. A late-stage change may require extra time, and a developer that is late may argue that the changes caused the delay. So agree in writing in advance whether the change affects the date and by how much, and record the dates of the request and of the work.
Can I enclose a balcony or change the facade as a buyer change?
A change that departs from the building permit, such as enclosing a balcony or changing the facade or exterior walls, requires an amendment of the permit under the Planning and Building Law. Developers usually do not approve such changes during construction, and a change made without a permit is unpermitted construction.
