Parking in Shared Buildings in Israel — Rights, Laws, and What to Check Before Buying

Types of Parking in Shared Buildings — Legal Differences That Matter

Not all parking is created equal in Israeli real estate. The legal distinction between parking types directly affects property value, your ability to sell or transfer the spot, and your rights if someone parks in your space.

Attached parking (חניה צמודה) is registered in the Tabu as part of your apartment. It's exclusive ownership — like an extra room. It transfers automatically when the apartment is sold. In new projects in Bik'at Ono, such as developments in Pisgat Ono or the Shlomo HaMelech neighborhood, every apartment comes with underground parking registered in the Tabu.

Shared parking belongs to the building's common property. All residents can use it on a first-come-first-served basis. No one can claim a permanent spot — even after decades of regular use. Long-term use does not create ownership rights.

Custom-based parking is common in older buildings: residents informally divided spots years ago, everyone knows which spot belongs to which apartment, but nothing is registered. Legally, this has almost no standing. A new resident moving into the building is not bound by informal arrangements. Some court rulings have recognized long-standing mutual agreements as binding, but this is the exception rather than the rule — not something to rely on when purchasing.

Israeli Parking Law — What the Land Law Says

The Land Law (חוק המקרקעין, 1969) is the primary legislation governing parking in shared buildings. Chapter 6, starting from Section 55, addresses shared buildings and common areas — including parking.

Section 62(a) is the critical provision: it states that no part of common property can be attached to a specific apartment without the consent of all apartment owners. This means converting shared parking into attached parking requires 100% agreement. Even if 15 out of 16 residents agree, a single holdout can block the process entirely.

Section 59c was added to protect disability rights. It allows allocation of a disabled parking space in common areas with only 60% consent, provided there is medical certification (from a doctor, physiotherapist, or occupational therapist) confirming the need. The costs are borne by the requesting resident. Objections must be filed with the Land Registry Supervisor within 30 days.

The building's bylaws (תקנון הבית המשותף) — either the standard statutory version that applies automatically or a custom version written and registered for a specific building — regulate how shared spaces, including parking, are used. Every resident has the right to reasonable use of common areas unless the bylaws specify otherwise.

Additionally, the Planning and Building Regulations (Parking Installation, 1983, updated 2016) set the parking standard for new construction: a minimum of one space per residential unit. Standard minimum dimensions are 5 meters in length and 2.3 meters in width (2.55m next to a wall, 2.8m between two walls). Minimum height in underground parking: 2.2 meters.

How to Check Parking in a Tabu Extract Before Buying

The most important pre-purchase check regarding parking is examining the Tabu extract (נסח טאבו). This document is the property's identity card — any attachment (parking, storage room, roof) must appear in it to have legal standing.

When obtaining a Tabu extract (₪15 online from the Land Registry at tabu.gov.il), look for the 'Attachments' (הצמדות) section. If it reads 'Parking space #X attached to apartment' — you're protected. If there's no mention of parking, it's not part of the property you're buying, regardless of what the seller claims.

The second step is checking the shared building plan (תשריט בית משותף) — a graphic document showing the division of spaces, including parking locations and attachments. This lets you verify the exact location, size, and accessibility. You can order the plan from the Land Registry office.

In Bik'at Ono transactions, this check regularly reveals that parking the seller has used for years isn't registered as an attachment — directly impacting the price. In neighborhoods like Rimon, Ever HaYarden, or the Vatika, the difference between an apartment with attached parking and one without can reach ₪150,000 for a 4-room unit.

Another detail worth checking: whether the parking is underground, covered, or open-air. An uncovered surface spot is worth approximately 70% of an underground space. Tandem parking (one behind the other) is worth about 30% less than a standard space. These details affect both property value and daily convenience.

Parking in New Projects and Urban Renewal in Bik'at Ono

New construction in Kiryat Ono and Bik'at Ono requires at least one parking space per unit, typically underground. In projects like Shlomo HaMelech in Kiryat Ono, 5-room apartments with underground parking start from ₪3.55 million (occupancy expected June 2026). The parking is included in the price but must be verified as a Tabu attachment — not just a contractual promise.

In TAMA 38/1 (structural reinforcement) projects, the contractor is obligated only to preserve the existing parking quantity — no additions. If a building had 4 spots for 16 units, it still has 4 after reinforcement. In TAMA 38/2 (demolition and rebuild) and Pinui-Binui projects, residents receive new parking per current standards — typically underground and attached to each apartment. This is a significant upgrade, especially in Kiryat Ono where dozens of urban renewal projects are underway.

An important point: developers can sell additional parking spots beyond the standard allocation as separate assets. If you purchase an extra spot, ensure it's registered as a Tabu attachment to your apartment. Without formal registration, you have no property right. Recent court rulings have established that developers may not always be able to attach accessible parking spaces to specific apartments — the local planning committee may require them to remain as common property.

Parking Disputes — How to Resolve Them and When to Escalate

Parking disputes are among the most common conflicts in Israeli shared buildings. When someone takes your spot or blocks your car, tension escalates quickly. These disputes can drag on for years if not handled properly from the start.

Start with a direct, respectful conversation with the neighbor. In most cases, this resolves the issue. If it doesn't, the next step is a formal warning letter from a lawyer, specifying the violation and setting a deadline for compliance. This typically costs a few hundred shekels and is usually effective.

If diplomacy fails, you can file a complaint with the Land Registry Supervisor (המפקח על רישום מקרקעין) — authorized under Section 72 of the Land Law to issue binding orders in disputes between apartment owners, including fines for violations. The filing is through the Association for Housing Culture (האגודה לתרבות הדיור) at tarbut-hadiur.gov.il.

Alternatively, for serious or systematic violations, the Magistrate's Court (בית משפט שלום) can issue a permanent injunction. This is appropriate when a neighbor repeatedly parks in your attached space or systematically blocks access.

From experience in Bik'at Ono: most parking disputes originate from buyers who didn't verify parking status before purchasing. A simple review of the Tabu extract and building plan before signing saves years of friction and potential legal costs. If you're unsure about parking in a specific building — contact Shmuel and we'll check all the details before you commit.

Disabled Parking in Shared Buildings — Rights and Process

Section 59c of the Land Law grants apartment owners the right to establish disabled parking in common areas when they, a family member living with them, or their tenant has a disability.

Requirements for exercising this right: first, medical certification (from a doctor, physiotherapist, or occupational therapist) confirming that dedicated parking is necessary due to the disability. Second, consent of 60% of apartment owners — not the 100% required for standard parking attachment. All costs are borne by the requesting party, not the building committee.

A resident who feels harmed by the allocation can file an objection with the Land Registry Supervisor within 30 days of receiving notice. The Supervisor may dismiss objections based on unreasonable grounds.

Important distinction: in new buildings, accessibility regulations require the developer to install accessible parking as part of the project. However, recent court rulings have established that accessible parking is not necessarily attached to a specific apartment — it may remain as common property. This is worth verifying when purchasing a new apartment from a developer.

In Bik'at Ono neighborhoods: in Kiraon and Pisgat Ono, most new buildings include standard accessible parking. In the Vatika and Ganei Ilan areas, where construction is older, you may need to go through the common property allocation process described above.