Request for the Transfer of Land Rights – Residential, Employment Properties and Public Institutions

Who is entitled to submit a request?

Anyone with rights in the property.

What are the conditions for submitting a request?

• Payment of consent fee – if the property is not capitalized.  Consent fee – the sum paid by those transferring rights to the Israel Land Authority for an increase in land value of an uncapitalized property, at the time of requesting a transfer of rights (the sum expresses the Israel Land Authority’s stake in the land value increase, between the land value at the time the rights were purchased and its value at the time of the transfer of the rights.)
• Payment of annual leasing fees – if such exist.
• The transferrers of rights are not required to receive authorization from Israel Land Authority, in the following case:
  • Capitalized residential properties (in the urban sector only) that are registered at the Land Registry Office (Tabu), and for which there is a note in the registration extract whereby there is no constraint in transferring rights and inheritance.
• In cases in which conditions of the development agreement were breached or in which conditions of the leasing contract were breached, the Israel Land Authority will not authorize the transfer of rights, unless the breaches were rectified or resolved with the consent of the Israel Land Authority and based on the decisions of the relevant council and the procedures of the Israel Land Authority.
• See description in Procedure no. 90.3 B – transfer of rights in residential, employment and public institution land and in Procedure 90.32 B – transfer of rights in capitalized residential and employment property land and sales properties that are not registered in the Registration Office.

What should be attached to the request

Attach all mandatory documents listed in the request form.

Cost of the Service

Consent Fee 

• There are no national priority area discounts that apply to the consent fee.
• A request for an exemption from payment of the consent fee may be submitted (see details and instruction in Procedure No. 90.03 B and Procedure 90.32) in the following cases:
  • Transfer of rights in a residence in a development agreement or leasing contract involving capitalized properties.
  • If those transferring rights meet the criteria detailed in the Exemptions and Discounts in Residences Table.
  • At the time of executing the transfer of rights by capitalizing the annual leasing fee or through the compilation of a change of designation and usage transaction, as detailed in Procedure 90.03 B and Procedure 90.32.
  • Transfer of rights in the property with a public designation to the local authority, in accordance with the allocation purpose.
• In cases in which those transferring rights shall not be required to pay consent fees (i.e., the transfer is not considered a ‘transfer of rights’, and consequently, calculation of a consent fee shall not be performed.  These cases are not defined as being exempt from consent fees, but rather at the next date of transfer of rights.  The consent fee shall be calculated starting with the previous purchase of rights):
  • Transfer of rights to ‘relatives’:  Spouses, including common law spouses, or a divorcee as part of a divorce agreement, brother, sister, grandchildren, parent, parents of parents, offspring and offsprings of the spouse, adoptive parents and adopted children and any of their spouses.
  • Transfer of rights from testators to legal heirs and from legal heirs to those testators between themselves.

How to submit the request:

1. Print and fill out the Request to Transfer Rights in the Urban Sector Form.
2. Attach all mandatory documents.
3. Send by registered mail to the Israel Land Authority, to the business district or service district in which the property is located, for which the request is being submitted.

The address of the business district that handles the requested property can be ascertained in one of the following ways:

• Through the Personal Area of the Israel Land Authority – My ILA.
• Through the Who is Handling Your Case service.
• Through the call center:  *5575 or 03-9533333.

Continued handling of the request

1. If the documents that were submitted and filled out properly, the request will be sent for review to the ownership committee and for continued processing in the professional units of the Israel Land Authority.
2. Notification of this, with attached file number and a voucher for payment of the fee will be sent to the applicants.
3. If corrections are required, the request will be returned to the applicants, with all the mandatory documents that were submitted, for correction and resubmission.
4. If the request is denied, a written notification shall be sent.

To clarify the status of the request at any stage, give the service representatives the file number, at the call center *5575 or 03-9533333.

Comments

• The information below does not constitute a substitute for professional consultation and anything mentioned in it cannot serve as cause for any lawsuit.
• If there is a contradiction between this information and the provisions of the relevant law, the law’s provisions supersede.
• The Israel Land Authority is authorized, inter alia, to deny the request, to approve it with conditions or to set conditions for the discussion of the request.
• Executing the payment, including payment of past debts, if such exist, on the date set down by the Israel Land Authority, is a condition to the completion of the transaction.
• The request shall be considered based on the decisions of the Israel Land Authority and its procedures that are valid at the time the request was submitted.