You bought a top-floor apartment with access to the roof, or you have parked in the same spot in the building’s yard for years – but is that property really yours?
Many apartment owners in Israel use roofs, parking spaces, and storage rooms that were never registered in their names. Actual use, however long, does not create legal ownership. Only formally attaching the roof to your apartment in the Land Registry or attaching a parking space in the condominium will secure your rights and add real value to the property.
This article explains exactly what an attachment is, the difference between shared property and private property, and the full process for each type of attachment.
What is an attachment, and why does it matter?
An attachment is a legal registration that ties a specific part of the building – a roof, a parking space, or a storage room – to a specific apartment. Once attached, that part becomes the apartment owner’s private property and appears in the apartment’s Land Registry (Tabu) record.
The benefits of a registered attachment:
- A significant rise in value: an attached parking space can add 100,000-200,000 NIS to the apartment’s value, and an attached roof with building rights, much more.
- Legal certainty: the right is registered and protected by law
- Marketability: the apartment can be sold together with the attachment, or the attachment can be sold separately.
- Dispute prevention: neighbors cannot claim rights in the attached area
Shared property versus private property: the distinction that matters
Before going into the attachment process, you need the basic distinction:
Shared property
Under the Land Law, every part of the building that is not registered as an apartment or as an attachment is shared property. The shared property belongs to all the apartment owners in proportion to their share in the building.
Examples of shared property:
- Staircases and elevators
- Roofs (by default)
- The building’s courtyard
- Unattached parking spaces
- Unattached storage rooms
- Exterior walls and foundations
Private property
Private property is whatever is registered in the Land Registry as an apartment or as attached to an apartment. Only the registered owner may use it exclusively.
The critical point: long-term use of a parking space or a roof does not make it private property. Even if you have used the roof for 30 years, without a registered attachment it remains the shared property of all the apartment owners.
Attaching a Roof in the Land Registry: The Full Process
A roof attachment is often the most valuable kind, especially where unused building rights exist.
Step 1: Checking the current situation
The first step is to obtain a Land Registry (Tabu) extract and review the condominium’s registered bylaws. Check:
- Is the roof already attached to another apartment?
- What do the bylaws say about the roof?
- Are there building rights on the roof?
Step 2: Obtaining the apartment owners’ consent
Attaching a roof in the Land Registry requires the consent of the building’s apartment owners. The majority required depends on the circumstances:
Consent of 100% of the apartment owners is required when:
- The roof is actually used by all the residents.
- There is substantive opposition to the attachment.
- The bylaws require full consent.
Consent of 2/3 of the apartment owners may be enough when:
- The attachment does not affect the other residents’ use.
- It can be shown that the roof was used exclusively by the owner of the adjacent apartment.
Step 3: Preparing the documents and updating the building plan
The process of attaching a roof in the Land Registry requires:
- An updated condominium plan prepared by a licensed surveyor
- A drafted amendment to the condominium bylaws
- A properly prepared application to the Land Registry Office
- Certified signatures of the consenting owners
Step 4: Registration at the Land Registry Office
Once all the documents are ready, the application is filed with the Land Registry (Tabu). The registrar checks that all the legal conditions are met and approves the attachment.
Estimated processing time: 3-6 months, depending on the complexity and the registry office’s workload.
Attaching a parking space in a condominium: the full process
Attaching a parking space in a condominium is a very common procedure, especially in older buildings where parking was never formally allocated.
Types of parking and their legal meaning
A registered attached parking space: recorded in the Land Registry (Tabu) as attached to the apartment – the best position to be in.
A leased or customarily used parking space: there is a right of use but no registered attachment – an in-between position that needs to be formalized.
Parking on shared property: the space belongs to all the apartment owners, even if one family has used it for years.
How a parking space is attached in a condominium
Step 1: Mapping the current situation. Check the Land Registry (Tabu) records and the original condominium plan. Parking spaces are often marked on the plan but were never assigned to specific apartments.
Step 2: Apartment owners’ consent. Attaching a parking space in a condominium also requires the owners’ consent:
- As a rule, approval by a special majority (at least 2/3) is required.
- If the parking space infringes another owner’s rights, that owner’s specific consent is required.
- In buildings with an active house committee, raise the matter at a general meeting.
Step 3: Updating the plan. A licensed surveyor prepares an updated plan marking the exact location and boundaries of the parking space. The plan must meet the Land Registry Office’s requirements.
Step 4: Registering the attachment. The application is filed with the Land Registry (Tabu) with all the required documents:
- The updated condominium plan
- Signed, certified agreements
- An amendment to the condominium bylaws
- Tax certificates (if required)
Attaching a Storage Room: The Same Principles
Attaching a storage room works much like attaching a parking space. The main points:
- Confirm that the storage room is not part of the essential shared property (such as a utility room).
- The owners’ consent and an updated condominium plan are required
- Verify that the storage room was built with a permit and matches the building plans.
Common obstacles and how to get past them
Objections from neighbors
Neighbors may object to an attachment for many reasons: fear of losing rights, a wish for financial compensation, or personal friction. An experienced lawyer can negotiate and offer creative solutions.
Missing historical documents
In old buildings, the original plan or bylaws can be hard to track down. In such cases, documents must be reconstructed or a new plan prepared.
A gap between the actual situation and the registration
When what was actually built differs from the registered plan, the discrepancy has to be resolved first – a process that can get complicated.
Summary: an investment that pays for itself
Attaching a roof in the Land Registry or attaching a parking space in a condominium is not just paperwork – it is a smart investment that raises the property’s value and secures your rights for the long term.
The process takes patience, coordination with neighbors, and some bureaucracy – but the result is worth the effort. A property with registered attachments is worth more, sells more easily, and gives you complete legal certainty.
It is strongly recommended to work with a lawyer who focuses on real estate and condominiums. Professional legal guidance saves time, prevents costly mistakes, and ensures the attachment is registered properly and meets every legal requirement.
Contact us today to review the attachment options for your property.
