The supervisor of land registration in Petah Tikva, Attorney Oshrat Arfi Morai, discussed the lawsuit of a tenant from Bnei Brak, who sued his neighbors for violating the building permit they received on the roof of the condominium - and splitting their apartment into two housing units.
The plaintiff also requested to receive rent for the use of his proportional share of the roof.
The inspector had to decide whether the plaintiff was entitled to balance payments for the expansion of the defendants' apartment.
The plaintiff is a tenant on the first floor of the building and the defendants own an apartment on the third floor. The defendants received a building permit from the local planning and building committee to expand their apartment onto the roof of the condominium. The defendants began construction and substantially exceeded the permit, including splitting their apartment into two separate housing units.
According to the plaintiff, the defendants must pay him rent for the use and possession of the roof of the condominium, in proportion to the plaintiff's proportional share of the common property.
In addition, the plaintiff sought compensation for the damages caused to his apartment as a result of the defendants' construction. In contrast, the defendants claimed that they received the consent of the 75% from the apartment owners in the condominium and that the construction work was carried out in accordance with the permit.
Regarding the division of their apartment, the defendants claimed that the division was done "in the existing private apartment" and not in the shared roof. Regarding the rent, the defendants claimed that at the time of receiving the permit, the plaintiff was not registered as the owner of the apartment and when the consent of the tenants was given, the request for payment of rent did not arise.
According to them, the plaintiff plans to expand his apartment by building a sukkah and a balcony at the expense of the condominium's yard, and among other things, he wants to annex a substantial part of the condominium's entrance, but the building's residents oppose this, so he decided to sue them.
Ultimately, the inspector decided that the claim should be accepted.
The defendants must demolish what exceeded the permit in their apartment and in the building addition, cancel the housing units, and pay the plaintiff balance payments to which he is entitled following the expansion of the defendants' apartment.
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