Neighbor Disputes: Noise, Nuisance and Building on Common Property

Noise and Nuisance: What the Law Prohibits

The Prevention of Nuisances Law, 5721-1961, prohibits causing strong or unreasonable noise, from any source, where it may disturb a person nearby. A similar rule applies to strong or unreasonable odors. Regulations issued under the law also restrict certain noisy activities, such as construction work, at certain hours.

Alongside that law, the Civil Wrongs Ordinance defines private nuisance: a person's use of his own land in a way that substantially interferes with a neighbor's reasonable use of the neighbor's land. This is the test for constant noise from an air conditioner or a pump, odors and smoke, or lighting aimed at a window. The question is not whether something is bothersome, but whether the interference goes beyond what is reasonable between neighbors.

Condominiums: Common Property, Building and Leaks

In a condominium (bayit meshutaf) most disputes concern the common property: the roof, the yard, the stairwell and the parking spaces. Building on or enclosing part of the common property generally requires the consent of the apartment owners under the Land Law, 5729-1969, and the building's bylaws, and sometimes a building permit as well. When the building is registered as a condominium, a dispute between apartment owners on these matters is generally heard by the Land Registration Superintendent (HaMefakachat al Rishum Mekarkein), not by a court.

A leak from a neighbor's apartment is another common dispute. Who must repair and pay, and what happens when the source of the leak is in the common property, is covered in our article Leak from a Neighbor: Who Is Liable for Condo Water Damage.

Boundaries, Building and Privacy

Between private homes, disputes concern boundaries: a fence built on the neighbor's land, a shed that extends beyond the lot, or a gutter that drains water into the adjacent yard. Entering another person's land or placing something on it without permission is trespass under the Civil Wrongs Ordinance, and you can ask for an order to remove what was built and for compensation for the damage.

When a neighbor builds without a permit, you can complain to the enforcement unit of the local planning and building committee. When the neighbor applies for a variance (hakala) or a nonconforming use (shimush chorez), the Planning and Building Law, 5725-1965, requires the application to be published and notice to be given to neighbors, who may file an objection.

A neighbor's camera aimed at your yard or window can be an invasion of privacy. Under the Protection of Privacy Law, 5741-1981, photographing a person while in a private domain is an invasion of privacy.

How Disputes Are Resolved: Records, a Letter, Mediation and Court

Start with records: dates, times, recordings, photographs and municipal inspection reports where an inspector was called. Then send a formal demand letter, which sometimes is enough to stop the nuisance. Many local authorities run community mediation centers that help with neighbor disputes, and a written agreement between neighbors prevents the next round.

When that does not help, a claim is filed: an injunction ordering the nuisance to stop, an order to remove a structure or a fence, and compensation for the damage. In urgent cases, for example when building on the common property advances day by day, you can ask for a temporary injunction at the very start of the proceeding.

Neighbor Disputes 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