In short
What should you do when you receive a betterment levy demand?
Check the local committee's assessment: whether there is a chargeable event, whether an exemption applies, and how the betterment was valued. If you disagree, you can ask for a deciding appraiser (shamai machria) or appeal to the appeals committee, generally within 45 days of receiving the demand.
Permits, Relief and Nonconforming Use
A building permit application is filed with the local planning and building committee. If you want to deviate from the plan, for example on building lines or height, you apply for relief. If you want to use the property for a purpose the plan does not allow, you apply for nonconforming use (shimush chorag). Neighbors are entitled to object, so a well-reasoned application saves time.
Objections to Plans and Appeals
A new plan can harm your property: block a view, add dense construction or expropriate land. While the plan is on deposit for public review, you can file an objection, and you can file an appeal (arar) against the committee's decision. A person harmed by a plan can sometimes claim compensation under Section 197 of the Planning and Building Law, 5725-1965.
Betterment Levy
The betterment levy is 50% of the increase in the value of the land resulting from a plan, relief or nonconforming use. It is usually paid when the property is sold or when a permit is obtained.
You can challenge the committee's assessment by filing an appeal with the appeals committee or by requesting a deciding appraiser (shamai machria), within 45 days of receiving the assessment. Check the assessment as soon as it arrives, because the deadline is short.
Building Violations
Building without a permit can end in fines and demolition orders. Get in touch early, because it is sometimes possible to legalize the construction with a permit.
What the service includes
- Permits, relief and nonconforming use
- Objections to plans and appeals
- Betterment levy assessment review, appeals and deciding appraiser proceedings
- Legalizing building violations
When to contact us
- You want to apply for a permit or relief
- A plan has been published that could harm your property
- You received a betterment levy assessment
- You received a demand concerning a building violation
What to bring to the meeting
- Land Registry (Tabu) extract and site plan
- The plan or the committee's decision
- The levy assessment, if you have one
- Building plans and existing permits
Planning and Betterment Levy 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
What is a betterment levy and when is it paid?
The betterment levy is 50% of the increase in the value of the land resulting from a plan, relief or nonconforming use. It is usually paid when the property is sold or when a building permit is obtained. You can appeal the assessment or request a deciding appraiser within 45 days.
Can I object to a building plan near my home?
Yes. While the plan is on deposit, anyone who considers themselves harmed by it may file an objection with the committee.
What is the difference between an appeal and a deciding appraiser in a betterment levy dispute?
A deciding appraiser resolves disputes over value, meaning the amount. An appeal to the appeals committee is the right route when the dispute is legal, for example whether any levy is owed at all or whether an exemption applies.
Can I get a permit before the levy dispute is resolved?
In some cases, yes, for example by paying the undisputed amount and posting security. Check this with the local planning and building committee before you file the application.
